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HomeMy Public PortalAbout120_040_Fires Made Within City Prohibited MAYOR c, •- Lc CITY MANAGER Jason Buelterman - % Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox net CITY ATTORNEY Bill Garbett Edward M. Hughes Tom Groover ‘°"' Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: June 13, 2013 Item: Public Hearing Explanation: Text Amendment—Ordinance 20-2013 —First Reading Municipal Code Section 26-71, Fires Made Within City Prohibited; Exceptions Budget Line Item Number(if applicable): N/A Paper Work: Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: June 7, 2013 * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 I. City of www.cityoftybee.org v� ;t�`�yvyv Municipal Code Sec. 26-71. - Fires made within city prohibited; exceptions. (a) It shall be unlawful for any person to build or make fires within the city except as follows: (1) Outdoor fires are to be used only for cooking and/or warmth; (2) Outdoor fires are only to be built with the permission and under the supervision of the property owner or occupant or, if on public property, must be approved in advance by the city manager; (3) There must be an adequate water supply immediately available; and (4) Picnic grilling in city parks is allowed ` - _e =_ _ . _ _ __ - _ __ •_ (b) This section is not to be construed to prohibit outdoor functions involving cooking such as oyster roasts, barbeques, etc. Further, outdoor fires in approved containment devices shall be permissible on the premises of commercial establishments subject, however, to all ordinances prohibiting the creation or maintenance of a nuisance and subject to the conditions stated herein. (Ord. No. 25-2012, 8-23-2012) ORDINANCE NO. 20-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA AMENDING SECTION 26-71,FIRES MADE WITHIN CITY PROHIBITED WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances 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, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances as to Section 26- 71,Fires made within city prohibited; exceptions; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 That Section 26-71 be amended so that it will read as follows: Sec. 26-71. Fires made within city prohibited; exceptions. (a) It shall be unlawful for any person to build or make fires within the city except as follows: (1) Outdoor fires are to be used only for cooking and/or warmth; (2) Outdoor fires are only to be built with the permission and under the supervision of the property owner or occupant or, if on public property, must be approved in advance by the city manager; (3) There must be an adequate water supply immediately available; and (4) Picnic grilling in city parks is allowed. (b) This section is not to be construed to prohibit outdoor functions involving cooking such as oyster roasts, barbeques, etc. Further, outdoor fires in approved containment devices shall be permissible on the premises of commercial establishments subject,however, to all ordinances prohibiting the creation or maintenance of a nuisance and subject to the conditions stated herein. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 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 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS_DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/20-2013 Sec 26-71 fires within city—05.29.13