HomeMy Public PortalAbout20210422Packet.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
April 22, 2021 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation: Rev. Kenneth Williams
Pledge of Allegiance
Announcements
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes, April 8, 2021
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
2. Hannah Eckert: Sustainability Committee
3. Doris Williams, Executive Director, Rape Crisis Center of the Coastal Empire
4. Renee DeRossett: Tybee Arts Association update
5. Tybee Island Police Department Quarterly Report
6. Tybee Island Fire Department Quarterly Report
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
7. Andy Davis, Elimination of Gas Powered Golf Carts
8. Andy Davis, Move Red-light from 14th and Butler to 15th and Butler
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
9. Request to amend budget to cover repairs to fire dept. vehicles and equipment.
Currently funds are in the DPW budget. Finance Director requests to move funds so that
TIFD can do PO's and pay invoices when needed.
10. Underground Easement, 116 Lewis Avenue
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Consideration of Ordinances, Resolutions
11. Second Reading, 2021-13, Chapter 54, Streets, Sidewalks and Other Public Places and
Special Events and to Establish an Effective Date and For other Purposes
12. First Reading 2021-15, Environment
13. First Reading 2021-16 Municipal Court Sec 38
14. Telecommunications, Chapter 62, Attorney recommends no change
Council, Officials and City Attorney Considerations and Comments
15. Bubba Hughes: Marine Science Center Update
16. Nancy DeVetter: Update on Race Equity Resolution
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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File Attachments for Item:
1. Minutes, April 8, 2021
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File Attachments for Item:
2. Hannah Eckert: Sustainability Committee
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Tybee Island, Georgia
A home for many, a destination for all! :)
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TOP 3 MOST LITTERED SINGLE USE PLASTICS
ON BEACH
1.Cigarette butts
2.Plastic straw and wrappers
3.Children’s beach toys
According to Fight Dirty Tybee’s 2019 Beach Clean Up Report
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Straws –harmful to sea turtles,
degrade quickly into microplastic
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Possible solutions
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How do we reach these solutions?
●Implement business incentives to encourage
sustainable to go containers, cups, and straws
●Like.. find grants that will aid in offsetting the cost
difference of single use plastic vs. sustainable
products
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File Attachments for Item:
5. Tybee Island Police Department Quarterly Report
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Tybee Island Police Department
January –April 2021
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Staffing
•TIPD would be considered fully staffed with 30 sworn officers.
Currently have 25.
•Agencies across the U.S. are experiencing staff shortages due to:
-COVID -19 global pandemic.
-Widespread civil unrest.
-Negative public opinion fueled by social and traditional media.
-Salary and benefits usually don’t outweigh dangers.
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Steps Taken
•Increased starting pay to a more competitive level compared to similar agencies.
•Established incentive pay increases for education and advanced certifications.
•TIPD instructors represent the agency while teaching at local police academies.
•Maintain an active presence on social media.
•Maintain a “family” atmosphere inside of the department.
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Enforcement
`
2020 2021
Arrests: 76 Arrests: 128
Citations: 547 Citations: 716
Calls for Service: 922 Calls for Service: 1,145
Officer Initiated: 1,832 Officer Initiated: 3,006
(January –April)
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Notable Events
•Officers quickly located and arrested a suspect after shots were fired on Jones Ave.
•Two motor vehicles have been reported stolen. Both have been recovered.
•$7,000 worth of stolen property returned after Burglary.
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Public Information
•TIPD uses social media to engage wider audiences.
•Over 18,000 followers on Facebook alone.
•Approach is community-oriented in nature, focuses on:
-Education (Local/State laws, Safety tips, etc.)
-Public advisories
-Community Outreach
-Enlisting public assistance in solving crimes
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Community Outreach
•“K9 For A Day” Program
-Shelter dogs join officers on patrol twice a month.
-Program is in it’s 2nd year.
-Extremely popular with residents, guests and social media.
-22 shelter dogs adopted since January 2020.
•Rocky
-Adopted by TIPD in June 2020
-Serves as emotional support for staff/ Ambassador to community
-Local celebrity, attends adoption events / visited assisted living homes
-Raised over 400 items for Oatland Island during birthday donation drive
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QUESTIONS??
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File Attachments for Item:
6. Tybee Island Fire Department Quarterly Report
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Tybee Island Fire/Beach Safety
Report January 1 st-April 13th
- Page 25 -Item #6.
Emergency Vehicles & Rescue Boats
Engine #1 2016 HME Silver Fox
Engine #2 1997 Spartan Quality
Ladder #5 1999 American LF
Tanker #7 2008 Sterling
Rescue #6 2014 Ford550
CV1 2019 Chevy 1500
CV2 2016 Ford F150
Jet Ski Total of three (one reserve)
Club Cars 6 total on a three year rotation to replace
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Currently the Tybee Island Fire Department staffing is made up of
Fire Chief
Special Operations Chief (Currently not filled)
Beach Safety Coordinator
15 Full Time Firefighters
3 Part Time Firefighters
4 Volunteers
20-30 Seasonal Lifeguards
Fire Department
- Page 27 -Item #6.
January -April 13th Statistics:
False Alarms/Good Intent: 31
Fire Calls(Brush, Vehicle, Residential) 7
Beach/Water Related Calls 49
MVA 3
Medical Calls 164
Total Calls (22 percent increase)254
Community Service (Replaced all Smoke Detectors in fresh air home and
Started community CPR Program starting with YMCA, Restaurants and Bars.
Department started daily beach patrol and brought in seasonal staff early
due to higher numbers of people on the beach (for this time of year)
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2021 Beach Safety Season
Starting in 2020 Program was integrated with Fire Department
New standards and testing implemented
New lifeguard stands purchased
2021 Season has already started, we started bringing in
seasonal guards as of 4/9/2021. Fire staff is patrolling the
beach daily with Seasonal Guards 7 days a week, we intend to
have guards sitting stands by Mid-May.
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File Attachments for Item:
7. Andy Davis, Elimination of Gas Powered Golf Carts
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File Attachments for Item:
8. Andy Davis, Move Redlight from 14th and Butler to 15th and Butler
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File Attachments for Item:
9. Request to amend budget to cover repairs to fire dept vehicles and equipment. Currently
funds are in the DPW budget. Finance Director requests to move funds so that TIFD can do
PO's and pay invoices when needed.
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File Attachments for Item:
10. Unerground Easement, 116 Lewis Avenue
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File Attachments for Item:
11. Second Reading, 2021-13, Chapter 54, Streets, Sidewalks and Other Public Places and
Special Events and to Establish an Effective Date and For other Purposes
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ORDINANCE NO 2021- 13
AN ORDINANCE TO AMEND SECTION OF CHAPTER 54 OF THE CODE OF
ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD
PROVISIONS IN CHAPTER 54 REGARDING STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES AND SPECIAL EVENTS AND TO ESTABLISH AN
EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of
the State of Georgia to adopt reasonable ordinance to protect and improve the
public health, safety, and welfare of the citizens of Tybee Island, Georgia and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its
police and home rule powers; and
WHEREAS, members of the public and staff designated as the “Code Review
Group” worked diligently and in detail to review the entire City Code and to make
recommendations for clarifications and improvements therein; and
WHEREAS, the City wishes to revise provisions regarding use and
maintenance of public places including streets to provide clarity and consistency;
and
WHEREAS, the City requires certain liquor liability insurance coverage for
special events; and
NOW, THEREFORE, it is hereby ordained by the governing authority of the
City of Tybee Island as follows:
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SECTION I
Those sections listed below are to be amended so as to be worded as
stated on the attached revisions to sections: 54-4; 54-5; 54-35; 54-39; 54-41; 54-
71; and 54-74.
SECTION II
All ordinances and parts of ordinances in conflict herewith are
expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the
Code of Ordinances, City of Tybee Island, Georgia, and the sections of this
ordinance may be renumbered to accomplish such intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and
Council pursuant to The Code of the City of Tybee Island, Georgia.
The Ordinance shall become effective on _____ day of ______ 2021.
ADOPTED THIS _____ DAY OF _______, 2021.
________________________
MAYOR
ATTEST:
_________________________
CLERK OF COUNCIL
FIRST READING: ________________
SECOND READING:______________
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4819-5297-5075.1
Chapter 54 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES[1]
Footnotes:
--- (1) ---
State Law reference— Municipal streets generally, O.C.G.A. § 32-4-90 et seq.;
powers generally, O.C.G.A. § 32-4-92; street improvements generally, O.C.G.A. §
36-39-1 et seq.
Sec. 54-4. - Removing lateral support from adjacent property; permit required.
It shall be unlawful for any person to grade any property owned by him in the
city or change the elevation thereof in a manner that would cause the lateral
support of the lands adjacent thereto to be in any way affected.
(Code 1970, § 14-4; Code 1983, § 5-1-4)
Sec. 54-5. - Damage to and intrusion upon property.
(a) It shall be unlawful for any person to dump, deposit, throw, or leave or to
cause or permit the dumping, depositing, placing, throwing, or leaving of litter
on any public or private property in this state or any waters in this state, unless:
(1) The property is designated by the state or by any of its agencies or political
subdivisions for the disposal of litter and the person is authorized by the
proper public authority to use such property; or
(2) The litter is placed into a litter receptacle or container installed on such
property; and
(3) The person is the owner or tenant in lawful possession of such property
or has first obtained consent of the owner or tenant in lawful possession or
unless the act is done under the personal direction of the owner or tenant,
all in a manner consistent with the public welfare.
(b) Any person who violates subsection (a) shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished as follows:
(1) By a penalty as set forth in Code Section 1-8;
(2) In the sound discretion of a court in which conviction is obtained, the
person may be directed to pick up and remove from any public street or
highway or public right-of-way, for a distance not to exceed one mile, any
- Page 53 -Item #11.
litter the person has deposited and any and all litter deposited thereon by
anyone else prior to the date of execution of sentence; or
(3) In the sound discretion of the judge of a court in which conviction is
obtained, the person may be directed to pick up and remove from any
public beach, public park, private right-of-way, or with the prior permission
of the legal owner or tenant in lawful possession of such property, any
private property upon which it can be established by competent evidence
that the person has deposited litter, any and all litter deposited thereon by
anyone prior to the date of execution of sentence.
(c) The court may publish the names of persons convicted of violating subsection
(a).
(Code 1983, § 5-1-5; Ord. No. 44-2014, § 1, 8-28-2014)
Sec. 54-35. - Application for permit.
All persons desiring a permit in order to make an opening in any street or
sidewalk, as set forth in section 54-34, shall make written application therefor,
which application shall show the location of the proposed opening, the purpose
therefor and the approximate number of square yards of surface to be cut and
the length of time the opening will remain open.
(Code 1983, § 5-1-12)
Sec. 54-39. - Supervision; final inspection; violation.
All excavations and work in the streets, sidewalks, alleys or public places of
the city shall be under the supervision and control of the Director of Public Works,
whose duty it shall be to inspect the same from time to time during the progress
thereof. Upon the completion thereof, he shall make a final inspection and see
that the street, sidewalk or public place is restored to a condition as good in all
respects as before the excavation or work was made or done, and that all debris,
materials, tools and equipment are removed therefrom. Any person refusing or
failing to comply with any provision of this section shall be guilty of a violation
thereof; and where any failure or refusal is continued after notice from the city,
every day's continuance shall constitute a separate and distinct offense.
(Code 1983, § 5-1-16)
Sec. 54-41. - Streets and sidewalks not to be damaged.
- Page 54 -Item #11.
It shall be unlawful for any person to drag, or run, or cause to be dragged or
run any equipment or other implements, engine, machine tool upon any asphalt,
batholithic, warranties or other type of permanently paved street or sidewalk of
the city which shall be liable in any way to injure or cut the surface thereof. It
shall also be unlawful to injure any dirt street in the same manner.
(Code 1983, § 5-1-18)
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Secs. 54-44—54-69. - Reserved.
ARTICLE III. - SPECIAL EVENTS[2]
Footnotes:
--- (2) ---
Editor's note— Ord. No. 2017-04-A , § 1, adopted Mar. 23, 2017, amended art. III
in its entirety, in effect repealing and reenacting said article to read as set out
herein. The former art. III pertained to similar subject matter and derived from
Ord. No. 21-2015, § 1, adopted Sept. 10, 2015; and Ord. No. 2016-06 , § 1,
adopted Mar. 10, 2016.
Sec. 54-71. - Permits.
(a) In the interests of the public's convenience and safety and availability of city
services, persons or organizations wishing to host a special event must first
obtain a permit from the city manager or his designee. The permit application
shall include, but not necessarily be limited to, the following information:
(1) Description of event including the location, date/time, activities,
entertainers, estimated number of participants.
(2) Name, address and telephone number of sponsoring organization and its
responsible representative. This includes the name and address of all
natural persons or organizations controlling at least a five percent stake in
the event.
(3) Method of notification of participants.
(4) Publicity plan, if open to the general public.
(5) Parking/traffic control requests and concerns.
(6) Public safety requests and concerns, if any.
(7) Impacts on other city services, if any.
(8) Whether alcoholic beverages will be permitted in the event. If alcoholic
beverages will be served during the event, the applicant must provide a
certificate of liquor liability insurance (dram shop) providing a policy limit
of no less than $1,000,000.00 for the entirety of the event during which the
alcoholic beverages are served.
(9) Whether there is a request for the city to activate the control zone.
(b) Each application for a special event permit required by this article shall
contain the information described in section 54-73(a) and must be filed, and
- Page 56 -Item #11.
the permit fee paid, no less than 60 days before the opening of the event to the
public. Notwithstanding the forgoing, the city manager shall accept a tardy
application if (i) city staff has the capacity to conduct an ordinary review of the
application without causing material neglect of other staff duties or, (ii) the
event promoter stands willing and able to pay and deposits a sum of money to
cover any overtime for city staff to conduct an ordinary review of the
application, and staff volunteers such overtime, then the city will use
reasonable efforts to process a tardy application in time to allow the event to
be held. Applications shall be reviewed in the order received and priority shall
be given to timely filed applications.
(c) All applications shall contain language indemnifying and holding harmless the
city, its elected officials, officers, agents, and employees, in language approved
by the city attorney.
(d) It shall be unlawful to engage, conduct, promote, or provide entertainment
to any special event without first receiving a permit from the city pursuant to
this article.
(e) Exceptions.
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction and
supervision of the proper school authorities; and
(3) Training exercises conducted by federal, state or local officials, so long as
the training exercise has been approved by the city manager.
(Ord. No. 2017-04-A , § 1, 3-23-2017)
Sec. 54-74. - Unpermitted assembly (pop-up events).
The city has found and determined that some special events occur without a
permit, especially if attendance is promoted through instantaneous, social media.
(a) If an assembly develops into a special event (without a permit) it shall
become the duty of all persons or entities owning or able to control the
special event or who are providing entertainment encouraging the
assembly, to take reasonable, diligent and constant measures to reduce the
activity or circumstances which caused the assembly to become a special
event—that is for example but not limited to, reducing the number of
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attendees, or to provide the additional municipal type services needed to
regulate event traffic, maintain the peace and protect the public health and
safety. The failure of any such person or entity to immediately after notice
from the city make a reasonable, diligent and constant effort to reduce the
event attendance or otherwise provide adequate services, to the
satisfaction of the chief of police or his/her designee shall be a violation of
this law punishable by civil penalties specified in this article. The chief of
police or his designee is authorized to approve actions to partially or slowly
reduce the event attendance to a point where it is not considered a special
event if he or she finds (i) that such person is acting expeditiously and
reasonably to employ feasibly available resources to address the issues
after notice that the assembly has become a special event, (ii) that full
reduction to the criteria threshold will not be feasible and (iii) that it would
be safer to taper down the event rather than to abruptly close the venue or
stop the event.
(b) Whether a spontaneous assembly has developed into a special event
based upon attendance or a need for municipal services (as those services
are defined in this article), shall be determined by an objective and
reasonable examination of the totality of the circumstances at hand,
including but not limited to the following factors:
(1) With respect to attendance and attempted attendance:
(i) Whether the attendance is ticketed.
(ii) Actual attendance at prior, similar events.
(iii) The extent of commercial promotion and advertisement of the
event, especially promotion outside of the city, by traditional or
digital means, but excluding spontaneous social media not initiated,
encouraged or orchestrated by a commercial event producer or any
person acting on behalf of the event producer or any person with a
financial or other personal interest in the event ("spontaneous
social media").
(iv) The extent of spontaneous social media encouraging attendance
at the assembly.
(v) Whether the location and configuration the assembly, and the
nature and presence (sight and sound) of the event, will be likely to
draw attendees or observers from the public at large.
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(vi) The number in attendance and attempting to attend shall be
determined by the chief of police or his designee using recognized
or previously established law enforcement estimating techniques.
(2) With respect to municipal services actually required:
(i) Repeated pedestrian trespass.
(ii) Repeated vehicular trespass.
(iii) Illegal parking.
(iv) Traffic congestion.
(v) Apparent need for sanitation facilities as evidenced by public
urination or other bodily functions.
(vi) Repeated and flagrant instances of illegal activity.
(vii) Repeated noise ordinance violations after notice, including
differing offenders.
(viii) Unusual amount of trash being abandoned with no apparent
resources available to clean up after event.
(ix) Unusual or repeated need for medical assistance.
(c) When the city is aware of the planning of an assembly in which the chief of
police determines is more likely than not to become a special event, as defined
by this article, then the city manager may notify anyone promoting, organizing,
or otherwise planning to attend that they may be subject to this article and all
resulting criminal and civil penalties. Said communication shall also include a
copy of a special event application and a copy of this article.
(d) In addition to the procedures described above, the mayor and council of the
city may by resolution impose restrictions on activities including, but not
limited to, the public consumption of alcoholic beverages in areas designated
in such resolution upon a report to the mayor and council that an unpermitted
event is being promoted and advertised, published on social media, or by
leaflets or by other means where such promotion reasonably indicates to the
mayor and council that there is an immediate risk to the public safety, welfare,
citizens and property of those participating in the event and residents of the
city. Upon the passage of any such resolution pursuant to the provisions of this
subsection, the resolution shall be posted on the city's website and publication
and dissemination thereof shall be encouraged and notice thereof shall be
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disseminated to the fullest extent possible so as to alert the public, the event
producers or promoters and all persons whatsoever of the lack of permission
for the event and/or a prohibition on the public consumption of alcoholic
beverages during such dates, times and locations as set forth in the resolution.
(Ord. No. 2017-04-A , § 1, 3-23-2017)
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File Attachments for Item:
12. First Reading 2021-15, Environment
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Chapter 22 - ENVIRONMENT
ARTICLE I. - lN GENERAL
Sec. 22-1. -Landscape contracting permit.
(a) As used in this section, the term "landscape contractor" means any person engaged in the business
of contracting for yard maintenance, tree removal or trimming, landscaping activities, mowing or the
like.
(b) No person engaged in landscape contracting shall dispose of yard and/or tree trimmings at the city's
facility without a permit issued by the city. Permits shall be issued annually at the cost established by
the mayor and council. The cost shall be on file in the office of the city clerk
(Ord. of 12-8-2005)
Sec. 22-2. -Tobacco free environment.
(a) Definitions.
Tobacco product. Smokeless tobacco, cigars, and cigarettes.
Prohibited areas. Use of tobacco products shall be prohibited in the following areas:
(1) Within any city-owned facility at any time. This includes but is not limited to common work
areas, conference and meeting rooms, private offices, hallways, lobby areas, restrooms,
lunch/break rooms, and any enclosed areas. This applies to employees , visitors, and
customers.
(2) Tobacco use shall not be allowed within any city-owned vehicle.
Designated areas/designated times. Employees may only use tobacco products in designated areas
at designated times:
(1) Each city facility will have a designated area located outside of the building where tobacco
use will be allowed. [Is this requirement followed?]
(2) Employees may use tobacco products during their morning, lunch, and afternoon breaks. No
more than these three breaks may be taken per eight-hour shift.
(3) All materials used for smoking, including cigarette butts and matches, will be extinguished and
properly disposed of in appropriate containers. If the designated tobacco use area is not
property maintained, it may be eliminated.
(4) Employees may not use tobacco products while performing their job.
(b) Employee assistance program. The city will assist any employee interested in quitting the use of
tobacco through the employee assistance program.
(c) Violations. Any violation of this policy by an employee will be handled through standard disciplinary
actions.
(Ord. of 824-2006)
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Subdivision I. - In General
Sec. 22-166. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Ashes means and includes the waste products from coal, wood and other fuels used for
cooking and heating from all public and private residences and establishments.
Building rubbish means waste material resulting from construction, remodeling, repairs and
demolition operations on houses, commercial buildings and other structures, including driveways and
walks, and it comprises waste and rejected matter such as excavated earth, stones, bricks, plaster,
wallpaper, sheetrock and lathes, lumber, shingles, tile, concrete and waste parts occasioned by the
installation or replacement of plumbing, heating systems, electrical work and roofing.
Garbage means waste accumulation of animal or vegetable matter used for or Intended for
food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit
or vegetables.
Industrial waste means waste materials from factories, processing plants, wholesale establishments,
assembling plants or shops and garages, such as paper, cardboard, cartons, food processing wastes,
cinders and ashes, lumber scraps , sawdust excelsior, shavings, floor sweepings, metal scrap and
shavings, glass and other waste products.
Rubbish means a variety of combustible and noncombustible waste not subject to rapid
decomposition derived from places such as residences, commercial areas and institutions and
shall include paper, rags, plastics, cartons, boxes, cans, bottles, glass, crockery, excelsior,
rubber, discarded clothing and similar materials.
Scale means that certain measuring device maintained by the city at the department of public works
transfer station used to calculate the amount and/or quantity of solid waste for purposes of disposal
and/or recycling.
Scavenge means uncontrolled picking from discarded solid waste materials.
Solid waste means putrescible and non-putrescible waste, except human body waste, and includes
garbage, rubbish, paper cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances,
metals, tin cans, glass, crockery, ashes, street refuse, dead animals, waste materials generated in
industrial operations, residue incineration, food processing wastes, demolition wastes, construction
wastes and any other wastes in a solid or semi-solid state, not otherwise defined in this section.
Standard container means a standard, uniform rollout container with a capacity of between 90 and
105 gallons and attached lid, furnished by the contractor.
Waste means unwanted or discarded material, except human body waste.
Yard rubbish means tree branches, stumps, twigs, grass and shrub trimmings, bushes,
weeds, leaves and general yard and garden waste materials and Includes stone and dirt raking
and any waste materials resulting from landscaping.
(Code 1983, § 5-2-1; Ord. No. 25-2015,§ 1, 9-10-2015)
Sec. 22-167.·Littering.
It shall be unlawful for any person to throw or deposit any filth of any kind or slops, garbage, paper,
bottles, tin cans, broken glassware or crockery upon the strand, beach, or upon any street, lane,
thoroughfare or public place within the corporate limits. Every tenant or occupant of a house or other
premises opposite or nearest to which any filth, slops, garbage, paper, bottles, tin cans, broken glassware
or crockery may be found shall be presumed to be the offender.
(Code 1970, § 8-1; Code 1983, § 5-2-2)
- Page 67 -Item #12.
Sees. 22-178-22-190.- Reserved.
Subdivision II.- Refuse Collection
Sec. 22-191. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Apartments, rooming houses, hotels, tourist courts and motels mean and includes those facilities
licensed as such by the city in which two or more units are rented or offered to the public for rental.
Ashes means the residue resulting from the burning of wood, coal, coke or other combustible
material. (Conform all definitions to those in Section 22-166]
Building rubbish means waste material resulting from construction, remodeling, repairs and
demolition operations on houses, commercial buildings and other structures, including driveways and
walks, and it comprises waste and rejected matter such as excavated earth, stones, bricks, plaster,
wallpaper, sheetrock and lathes, lumber, shingles, tile, concrete and waste parts occasioned by the
installation or replacement of plumbing, heating systems, electrical work and roofing.
Commercial solid waste means all types of solid waste generated by stores, offices, restaurants,
warehouses and other nonmanufacturing activities, excluding residential and industrial wastes.
Composting means the controlled biological decomposition of organic matter into a stable, odor-free
humus.
Disposal means and includes the storage, collection, disposal or handling of refuse.
Family dwelling unit means a structure providing housing for a collective body of persons forming one
household under a common head.
Garbage means all animal and vegetable wastes resulting from the handling, preparation,
cooling and consumption of foods.
Industrial waste means waste materials from factories, processing plants, wholesale establishments.
assembling plants or shops and garages, such as paper, cardboard, cartons, food processing wastes,
cinders and ashes, lumber scraps, sawdust excelsior, shavings, floor sweepings, metal scrap and
shavings, glass and other waste products.
Leachate collection system means a system at a landfill for collection of the leachate which may
percolate through the waste and into the soils surrounding the landfill.
Municipal solid waste means any solid waste derived from households, including garbage, trash and
sanitary waste in septic tanks and includes solid waste from single-family and multifamily residences ,
hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term
includes yard trimmings and commercial solid waste but does not include solid waste from mining,
agricultural or Silva cultural operations or Industrial processes or operations.
- Page 68 -Item #12.
Municipal solid waste disposal facility means any facility or location where the final deposition of any
amount of municipal solid waste occurs, whether or not mixed with or including commercial or industrial
solid waste, including but not limited to municipal solid waste landfills.
Municipal solid waste landfill means a disposal facility where any amount of municipal solid waste,
whether or not mixed with or including commercial waste, industrial waste, nonhazardous sludge or small
quantity generator hazardous waste, is disposed of by means of placing an approved cover thereon.
Person means and includes any natural person, association, partnership, firm or corporation.
Privacy fence means a wood, metal or masonry structure not to exceed eight feet in height from
average adjacent grade.
Refuse means all solid wastes, except body wastes and shall include garbage, ashes and rubbish.
Rubbish means and Includes glass, metal, paper, or non-putrescible solid wastes.
Solid waste means putrescible and non-putrescible waste, except human body waste, and includes
garbage, rubbish, paper cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances,
metals, tin cans, glass, crockery, ashes, street refuse, dead animals, waste materials generated in
industrial operations. Residue incineration, food processing wastes, demolition wastes, construction
wastes and any other wastes in a solid or semi-solid state, not otherwise defined in this section.
Standard container means a standard, uniform roll out container with a capacity of between 90 and
105 gallons and attached lid, furnished by the contractor.
Waste means unwanted or discarded material, except human body waste.
Yard rubbish means tree branches, stumps, twigs, grass and shrub trimmings, bushes, weeds,
leaves and general yard and garden waste materials and includes stone and dirt raking and any waste
materials resulting from landscapin g.
Yard trimmings means leaves, brush, grass clippings, shrub and tree prunings, discarded
Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from
landscaping development and maintenance, other than mining, agricultural and Silva cultural operations.
(Code 1970, § 8-17; Code 1983, § 5-2-21)
- Page 69 -Item #12.
20210416Edit
0 ORDINANCE NO 2021-15
AN ORDINANCE TO AMEND SECTION OF CHAPTER 22 OF THE CODE OF
ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD
PROVISIONS IN CHAPTER 22 REGARDING ENVIRONMENT
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of
the State of Georgia to adopt reasonable ordinance to protect and improve the
public health, safety, and welfare of the citizens of Tybee Island, Georgia and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its
police and home rule powers; and
WHEREAS, members of the public and staff designated as the “Code Review
Group” worked diligently and in detail to review the entire City Code and to make
recommendations for clarifications and improvements therein; and
WHEREAS, the City Council desires to adopt changes to the Code as
recommended by the Code Review Group; and
WHEREAS, the efforts of the Code Review Group are recognized,
appreciated and intended to be implemented.
NOW, THEREFORE, it is hereby ordained by the governing authority of the
City of Tybee Island as follows:
- Page 70 -Item #12.
20210416Edit
SECTION I
Those sections listed below are to be amended so as to be worded as
stated on the attached revisions to sections:
Chapter 22 – Environment
o Sec. 22-2 – Definitions
o Sec 22-166 – Definitions
o Sec. 22-167 - Littering
o Sec 22-191 - Definitions
SECTION II
All ordinances and parts of ordinances in conflict herewith are
expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the
Code of Ordinances, City of Tybee Island, Georgia, and the sections of this
ordinance may be renumbered to accomplish such intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and
Council pursuant to The Code of the City of Tybee Island, Georgia.
The Ordinance shall become effective on _____ day of ______ 2021.
ADOPTED THIS _____ DAY OF _______, 2021.
- Page 71 -Item #12.
20210416Edit
________________________
MAYOR
ATTEST:
_________________________
CLERK OF COUNCIL
FIRST READING: ________________
SECOND READING:______________
- Page 72 -Item #12.
File Attachments for Item:
13. First Reading 2021-16 Municipal Court Sec 38
- Page 73 -Item #13.
Chapter 38
MUNICIPAL COURT
Sec. 38--‐1.
Absence of judge; replacement; powers.
(a) In the absence or disqualification of the elected appointed judge, judge pro tem or a qualified
substitute of the municipality may serve, the mayor, or any member of the city council designated by the
mayor, shall be the judge of the court of the municipality. A [recommend delete – would be better to get
another judge than turn it over to mayor or council member]
(b) The mayor, or any member of the city council designated by the mayor, as judge of the court
shall have the power to preserve order, compel the attendance of witnesses, punish for contempt, have full
power and authority to sentence upon conviction of a violation of a city ordinance, upon conviction of a state
law where jurisdiction is inherent, applicable or waived, shall have the right to issue criminal warrants, to
hold preliminary hearings and trials, to affix bonds, to commit those offenders to jail, to prescribe acceptable
cash bonds, and to do and perform any other act necessary to assure the continuing operation of the court
in the absence or disqualification of the elected judge.
(Code 1970, § 2-16.1; Code 1983, § 2-5-1) [Recommend delete given deletion of (a) above
Sec. 38--‐2.
Cost of court—Amount.
There shall be assessed and imposed an administrative cost of court charge of 100.00
[recommend establishing a fee schedule outside the Code and refer to such, updated annually and
approved by Council] against every person convicted of an offense as charged in a citation or warrant
issued by a duly authorized law enforcement officer of the city except offenses under O.C.G.A. §§ 40 -8-
76 and 40-8-76.1.
(Code 1970, § 2-17; Code 1983, § 2-5-2; Ord. No. 03-2011, 1-13-2011)
Sec. 38--‐3.
Same—Allocation of proceeds.
The administrative cost of court charge so collected shall be allocated and appropriated solely to
defray the expenses of administering and operating the court of the city, the police department and the city
jail, and all those costs so collected shall be used exclusively for those purposes. (Code 1970, § 2-18;
Code 1983, § 2-5-3)
Sec. 38--‐4.
Technology cost surcharge.
When authorized by the municipal court, Tthere shall be imposed by the municipal court of the city
a technology cost surcharge in the amount
of $20.00 per offense [same comment as above] for all offenses except violations of O.C.G.A. §§ 40-8-76
and 40-8-76.1.
Said technology cost surcharge shall be in addition to all other fines and fees imposed by the municipal
court. All revenue derived from the technology cost surcharge shall be utilized by the city to provide
technological support for the police department and municipal court functions. (Ord. No. 02-2011,
2-24-2011).
- Page 74 -Item #13.
Chapter 38
MUNICIPAL COURT
Sec. 38‐1.
Absence of judge; replacement; powers.
In the absence or disqualification of the appointed judge, a judge pro tem or a qualified substitute
of the municipality may serve.
Sec. 38--‐2.
Cost of court—Amount.
There shall be assessed and imposed an administrative cost of court charge of 100.00 against
every person convicted of an offense as charged in a citation or warrant issued by a duly authorized law
enforcement officer of the city except offenses under O.C.G.A. §§ 40-8-76 and 40-8-76.1.
(Code 1970, § 2-17; Code 1983, § 2-5-2; Ord. No. 03-2011, 1-13-2011)
Sec. 38‐3.
Allocation of proceeds.
The administrative cost of court charge so collected shall be allocated and appropriated solely to
defray the expenses of administering and operating the court of the city, the police department and the city
jail, and all those costs so collected shall be used exclusively for those purposes. (Code 1970, § 2 -18;
Code 1983, § 2-5-3)
Sec. 38‐4.
Technology cost surcharge.
When authorized by the municipal court, there shall be a technology cost surcharge in the amount
of $20.00 per offense for all offenses except violations of O.C.G.A. §§ 40-8-76 and 40-8-76.1. Said
technology cost surcharge shall be in addition to all other fines and fees imposed by the municipal court.
All revenue derived from the technology cost surcharge shall be utilized by the city to provide technological
support for the police department and municipal court functions. (Ord. No. 02-2011,
2-24-2011).
- Page 75 -Item #13.
20210416Edit
ORDINANCE NO 2021-16
AN ORDINANCE TO AMEND SECTION OF CHAPTER 38 OF THE CODE OF
ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD
PROVISIONS IN CHAPTER 38 REGARDING MUNICIPAL COURT
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of
the State of Georgia to adopt reasonable ordinance to protect and improve the
public health, safety, and welfare of the citizens of Tybee Island, Georgia and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its
police and home rule powers; and
WHEREAS, members of the public and staff designated as the “Code Review
Group” worked diligently and in detail to review the entire City Code and to make
recommendations for clarifications and improvements therein; and
WHEREAS, the City Council desires to adopt changes to the Code as
recommended by the Code Review Group; and
WHEREAS, the efforts of the Code Review Group are recognized,
appreciated and intended to be implemented.
NOW, THEREFORE, it is hereby ordained by the governing authority of the
City of Tybee Island as follows:
- Page 76 -Item #13.
20210416Edit
SECTION I
Those sections listed below are to be amended so as to be worded as
stated on the attached revisions to sections:
Chapter 38 – Municipal Court
o Sec. 38-1 – Absence of judge; replacement; powers
o Sec 38-2 – Cost of Court - Amount
o Sec 38-4 – Technology cost surcharge
SECTION II
All ordinances and parts of ordinances in conflict herewith are
expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the
Code of Ordinances, City of Tybee Island, Georgia, and the sections of this
ordinance may be renumbered to accomplish such intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and
Council pursuant to The Code of the City of Tybee Island, Georgia.
The Ordinance shall become effective on _____ day of ______ 2021.
ADOPTED THIS _____ DAY OF _______, 2021.
________________________
MAYOR
- Page 77 -Item #13.
20210416Edit
ATTEST:
_________________________
CLERK OF COUNCIL
FIRST READING: ________________
SECOND READING:______________
- Page 78 -Item #13.
File Attachments for Item:
14. Telecommunications, Chapter 62 Attorney recommends no change
- Page 79 -Item #14.
- Page 80 -Item #14.
- Page 81 -Item #14.
File Attachments for Item:
16. Nancy DeVetter: Update on Race Equity Resolution
- Page 82 -Item #16.
- Page 83 -Item #16.