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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 - Page 1 - 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.” - Page 2 - File Attachments for Item: 1. Minutes, April 8, 2021 - Page 3 -Item #1. - Page 4 -Item #1. - Page 5 -Item #1. - Page 6 -Item #1. File Attachments for Item: 2. Hannah Eckert: Sustainability Committee - Page 7 -Item #2. Tybee Island, Georgia A home for many, a destination for all! :) - Page 8 -Item #2. 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 - Page 9 -Item #2. - Page 10 -Item #2. Straws –harmful to sea turtles, degrade quickly into microplastic - Page 11 -Item #2. - Page 12 -Item #2. Possible solutions - Page 13 -Item #2. 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 - Page 14 -Item #2. File Attachments for Item: 5. Tybee Island Police Department Quarterly Report - Page 15 -Item #5. Tybee Island Police Department January –April 2021 - Page 16 -Item #5. 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. - Page 17 -Item #5. 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. - Page 18 -Item #5. 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) - Page 19 -Item #5. 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. - Page 20 -Item #5. 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 - Page 21 -Item #5. 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 - Page 22 -Item #5. QUESTIONS?? - Page 23 -Item #5. File Attachments for Item: 6. Tybee Island Fire Department Quarterly Report - Page 24 -Item #6. 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 - Page 26 -Item #6. 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) - Page 28 -Item #6. 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. - Page 29 -Item #6. File Attachments for Item: 7. Andy Davis, Elimination of Gas Powered Golf Carts - Page 30 -Item #7. - Page 31 -Item #7. File Attachments for Item: 8. Andy Davis, Move Redlight from 14th and Butler to 15th and Butler - Page 32 -Item #8. - Page 33 -Item #8. - Page 34 -Item #8. - Page 35 -Item #8. - Page 36 -Item #8. - Page 37 -Item #8. - Page 38 -Item #8. - Page 39 -Item #8. - Page 40 -Item #8. - Page 41 -Item #8. - Page 42 -Item #8. - Page 43 -Item #8. 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. - Page 44 -Item #9. - Page 45 -Item #9. File Attachments for Item: 10. Unerground Easement, 116 Lewis Avenue - Page 46 -Item #10. - Page 47 -Item #10. - Page 48 -Item #10. - Page 49 -Item #10. 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 - Page 50 -Item #11. 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: - Page 51 -Item #11. 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:______________ - Page 52 -Item #11. 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) - Page 55 -Item #11. 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 - Page 57 -Item #11. 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. - Page 58 -Item #11. (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 - Page 59 -Item #11. 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) - Page 60 -Item #11. File Attachments for Item: 12. First Reading 2021-15, Environment - Page 61 -Item #12. - Page 62 -Item #12. - Page 63 -Item #12. - Page 64 -Item #12. - Page 65 -Item #12. 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) - Page 66 -Item #12. 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.