Code Review Final Report

Municipal
Code Review
Submi4ed by the Code Review Group:

Alan Robertson
Shawn Gillen
George Shaw
Jan LeViner
John Major
December 14, 2017

Code Review Group Submittal Letter
Tybee Island City Council
Herein please find the final results of the Municipal Code Review you asked us to
undertake at your meeting of April 14, 2016. We have worked since that time to
review the entire Municipal Code of the City of Tybee Island.
In reviewing The Code, we identified three areas that merit Councils attention:
Type 1: Issues of language usage, grammatical errors, and typographical

errors. The Clerk of the Council, can, within the authority of her position,
submit these changes directly to MuniCode for correction.
Type 2: Issues that need to be reviewed by Council. Of these, we identified

two sub-types:
Type 2-a: Issues that must be changed to be consistent with changes

in State Law and changes in the Citys operating procedures (for
instance the change from two year terms to staggered four year
terms). We believe these issues could be approved on a consent
agenda, and
Type 2-b: Issues requiring a proposal be brought before Council for

deliberation, debate, and decision.
We make the following recommendations:
1. Direct outside legal counsel to review the respective recommendations:
a. Type 1 Clerk can make changes in MuniCode,

b. Type 2a City Manager can recommend changes for Council to
consider on their consent agenda,
c. Type 2b City Manager, with outside legal counsel assistance, can
bring recommendations before Council for their consideration.
2. Remove all fees and fines from the Code and establish a Schedule of Fees,
kept by the Clerk of Council, updated annually at budget review, and refer to
such in the respective Code Sections.
3. Remove all policies (i.e. Finance, HR, Taxation) from Code and refer to Policy
Statements, to be reviewed and approved by City Council as a resolution
rather than ordinance.
4. Review the process for changing and adopting ordinances to establish

standard procedure for drafting, reviewing, and sending to Council for
consideration.
5. Consider keeping a Code Review Group intact to assist outside legal counsel
with its review and to assist in assuring future ordinances and changes in
ordinances are consistent with existing Code.
Thank you for the opportunity to serve our community and for your continued
support of our efforts. We believe our recommendations will serve to strengthen
our City Code and make it more accessible to the community.
Submitted this 14th day of December 2017.
Alan W Robertson, Group Chair, on behalf of the Code Review Group:
John Major
Shawn Gillen
George Shaw
Jan LeViner
Alan Robertson
Table of Contents
Table of Contents
1. Project Plan
2. City Council Updates

a. June 9, 2016
b. August 11, 2016
c. February 23, 2017
3. Recommendations by Chapter
4. Recommendations by Type
a. Type 1 issues Clerk
b. Type 2-a issues Consent
c. Type 2-b issues Deliberate
5. Recommendations by Code - Redlined

Text
All suggestions, and recommendations contained in the Report are strictly the thoughts of the
Code Review Group for consideration of the Council in their review of the Code.
1. Project Plan
Code Project Plan Final
The Code of Tybee Island: Project Plan
Reviewed May 5
31 pages Part 1 Charter: Divided into 7 articles
Reviewed May 25
10 pages Chapter 1 General Provisions 14 sections
12 Chapter 2 Administration 7 articles
Reviewed June 8
6 pages Chapter 2 Administration
Reviewed September 9
Reviewed work to date with Bubba Hughes
Reviewed November 9
6 pages Chapter 14 Elections 18 sections
13 Chapter 23 Ethics 2 articles
6 Chapter 34 Licenses, Permits, Miscellaneous Business 7
articles (up to 34-36)
Reviewed December 12
22 pages Chapter 34 Licenses, Permits, Miscellaneous Business -
remainder
7 Chapter 42 Offenses and miscellaneous provisions
Reviewed January 4, 2017

13 pages Chapter 6 Alcoholic Beverages
Reviewed January 18, 2017

13 pages Chapter 18 Disaster Recovery
Reviewed February 1, 2017

7 pages Chapter 12 Beaches and Waterways
7 pages Chapter 26 Fire Prevention and Protection
Reviewed February 15, 2017

35 pages Chapter 46 Personnel
Reviewed March 1, 2017

After some deliberation it was decided to recommend we remove most of Chapter
46 from the Code and establish HR policies as stand alone city policies, to be
reviewed by Council annually during budget review.
1
Reviewed March 21, 2017

Matrix of Changes with outside counsel at their offices Alan Robertson
Reviewed April 19, 2017

Matrix of Changes with Ratings:
1 - typos and other grammatical or format issues that Jan can correct.
2- issues must go to Council:
2-a - "consent agenda" changes - ordinances that must be changed. These are
changes necessitated by the change from two year to four year staggered
terms which were not made in the process of making those revisions but
which must be made to remove inconsistencies. These would also include
changes necessitated by changes in state law, such as possibly the provisions
dealing with taxis and occupational taxes.
2-b - deliberative issues - issues requiring a proposal be brought before

Council for deliberation, debate, and decision.
Reviewed May 17, 2017

3 pages Chapter 30 Law Enforcement
3 pages Chapter 38 Municipal Court
13 pages Chapter 54 Streets, Sidewalks and Other Public Places
28 pages Chapter 66 Traffic
Reviewed June 29, 2017

This meeting was to brief Shawn on the Code Review project. We reviewed
background and project to date, including the last City Council presentation, the
Project Plan, the Matrix of suggested changes, and examples of Minutes.
Reviewed July 19, 2017

11 pages Remainder of Chapter 2
Reviewed August 16, 2017

29 pages Chapter 58 Taxation (17 pages remaining)
Reviewed October 25, 2017

16 pages Chapter 12 Animals
20 pages Chapter 22 Environment
Reviewed November 13, 2017

3 pages Chapter 62 Telecommunications
36 pages Chapter 70 Utilities
2
Chapters regarding general powers, elections, ethics, licenses, personnel,

miscellaneous, taxation, disaster recovery:
10pg 1 General Powers
29 2 Administration
6 14 Elections - Jan Leviner
13 18 Disaster Recovery - Jimmy Brown, Ashley Fields
13 23 Ethics - Jan Leviner, Bubba Hughes
28 34 Licenses, Permits, Miscellaneous Regulations - Sharon Shaver, George
Shaw, Bob Bryson
7 42 Offenses & Miscellaneous Provisions - Bob Bryson, Bubba Hughes, George
Shaw
35 46 Personnel - Janice Elliott
29 58 Taxation - Angela Hudson, Bubba Hughes
170
Chapters regarding Infrastructure:

13 54 Streets, Sidewalk, Public Spaces - Joe Wilson, Bob Bryson
3 62 Telecommunications - Todd Smith, Angela Hudson
28 66 Traffic - Bob Bryson, Joe Wilson
36 70 Utilities - Joe Wilson, George Reese, Nalene Conway, Angela Hudson
80
Chapters regarding Regulation and Prohibition:

13 6 Alcohol - Sharon Shaver, Bob Bryson
16 10 Animals - Bob Bryson
7 26 Fire -Ashley Fields
3 30 Law Enforcement - Bob Bryson
3 38 Municipal Court - Bob Bryson, Steven Sheer
42
Chapters regarding Beaches and Environment:

7 12 Beaches and Waterways Ashley Fields, Bob Bryson, Joe Wilson
20 22 Environment - Joe Wilson, Joseph Toole
27
31 Charter
350 pages total
3
2. City Council Updates
a. June 9, 2016
b. August 11, 2016
c. February 23, 2017
d. December 14, 2017
Code Review Update
City Council
June 9, 2016
Overview
Council approved the formaCon of a review team Group members include Council, City Ocials,
to review The Code and make recommendaCons. and Public:
20160414 City Council Synopsis
Wanda Doyle John Major
Georgia Ci0es Week
Permi5ng process for lms Julie Livingston
Glass recycling Diane Schleicher
Plas0c bag/plas0c lm recycling
John Major George Shaw
Open Records/Open Mee0ng Training Jan LeViner
Review of Municipal Code
Diane Schleicher
Alan Robertson
C-2 Parking
!Though not a commiWee, each of us has a city email address and use them for the project. Each of us has
completed open records training. We keep minutes of each meeCng which are available upon request.
!The group meets 1 hour every two weeks. In our rst four meeCngs we have reviewed Part I: The City Charter
and Part II: The City Code, Chapters 1 General Provisions and Chapter 2 AdministraCon, covering approximately
20-30 pages per meeCng.
Preliminary Findings
We have iden0ed three areas we believe merit review:
Issues of language usage and typographical errors
Inconsistencies within and among secCons
Outdated provisions given societal change and technology advancements
We also verify that when ordinances specify ac0ons they are carried out.
Language
Disclaimer - Code of Ordinances This site contains provisions of the

Code of Ordinances, City of Tybee Island.
ORDINANCE NO. 2016-13

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND,
GEORGIA,
SO AS TO REPEAL SECTION 2-3-31 ESTABLISHING AN AUDIT COMMITTEE AND TO DISCONTINUE
SUCH A COMMITTEE
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island
that the Code of Ordinances, SecCon 2-264 is hereby amended so as to read as hereinaber
provided.
Inconsistencies
Outdated provisions
Outdated provisions
Next Steps
"ConCnue our scheduled review. We anCcipate compleCon on or

before December 31, 2017.
"Working with counsel, verify changes and determine appropriate

recommendaCons to be made to Council.
"Given the frequency of incidence, we recommend all typographical

correcCons be submiWed to MuniCode by the Clerk of the Council,
within her authority under Part II Chapter 1 SecCon 1 of the Code.
Code Review Update
City Council
August 11, 2016
Overview
At June 9th Council mee0ng we updated you on our ndings:

Issues of language usage and typographical errors
Inconsistencies within and among secAons
Outdated provisions given societal change and technology advancements
!Working with counsel, verify changes and make recommenda0ons
Review ndings regarding The Charter with aDorney

DraF text amendment for Councils approval
PART I - CHARTER
ARTICLE I. - INCORPORATION AND POWERS
Sec. 1.12. - Powers and ConstrucAon
ARTICLE I. Government Structure LegislaAve Branch
Sec. 2.26. Signing, AuthenAcaAng; Recording: CodicaAon; PrinAng
ARTICLE V. ElecAons and Removal
Sec. 5.11. Regular ElecAons; Time for Holding
Code Review Update
City Council
February 23, 2017
Overview
!Making good progress:

Council formed the Code Review Group April 14th
Weve met regularly since then with updates June 9th and August 11th
We are 53% complete, having reviewed 186 of the total 348 pages
!Working with counsel to review changes and make recommenda8ons
We met with counsel September 9th Charter and rst 2 Chapters

Taking a pause now to allow counsel to review our work to date
Progress to Date
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Chapters 12, 26, 46 49 pages and Council update

Chapters 6, 18 26 pages
ParVcipants to date:
Chapters 34, 42 27 pages
Diane Schleicher
Chapters 14, 23, 34 25 pages Jan LeViner
Reviewed work with Counsel George Shaw
John Major
Council update
Alan Robertson
Chapter 2 6 pages and Council update Bob Bryson
Charter and Chapters 1, 2 53 pages Ashley Fields
Jimmy Brown
Group formed Janice Ellio]
Bill Garbe]
Wanda Doyle
Bubba Hughes
Excerpt from Matrix of Changes
Sec8on ID Current Issue Recommenda8on A?orney comments
Terms not dened throughout this secVon.

Sec 6-1(a) "establishments and bars" Not dened
Recommend add deniVons.
deniVons and only for consumpVon on Not dened and should include provision for carry out
Sec 6-1(b) Add deniVons and clarify carry out provisions
premises in accordance with Sec 6-8
Sec 6-1(b)(5) "Intent of this secVon" Not needed given 50% rule in 6-1(b)(3) Delete
Sec 6-2 "B-girl drinking" Outdated Delete
Gambling, prosVtuVon, pimping

Sec 6-3 Covered by State Law Delete
prohibited
Sec 6-4 "ne not to exceed $100 Outdated and very low, not likely a deterent Recommend "not exceeding $1,000
Not enforced and common pracVce is employees at

Sec 6-7 NoVce of employee terminaVon Delete
mulVple employers
metal can or non-glass and 25.4 uid "from a non-glass container with capacity of 18
Sec 6-8(a) Simplify
ounces uid ounces or less
terms not dened and ID not consistently checked.

6-8(e) deniVons and checking ID for all sales why is this SecVon included? Does it reect a State Dene terms and clarify intent of provision.
statute?
Sec 6-11 Formaing Change in format within the SecVon Change numbers to le]ers
Sec 6-11(f) sanitary regquirements there are no sanitary requirements established Leave in case future use
Sec 6-11(g) musical instruments licensed and registered Delete

Excerpt from Minutes
Remaining Work
Overview
Making good progress:

!Weve completed 168 pages in 9 meeVngs, averaging just more than 18 pages
!At this pace, we expect to complete our review in about 9 more meeVngs
!MeeVng approximately every other week and having 2 more reviews with
counsel of 4 weeks apiece, we fully expect to make our Dec 31st goal.
Code Review
Delivery of Final Report
City Council
December 14, 2017
Overview
!Project complete
!Council formed the Code Review Group April 14th 20 months
!Weve met regularly since then with updates to Council June 9, 2016;
August 11, 2016; February 23, 2017; and today
!We have reviewed the enNre Code

Wide variety of sta and Council
Shawn Gillen Jimmy Brown

Jan LeViner Janice EllioH
George Shaw Angela Hudson
John Major Bill GarbeH
Alan Robertson Wanda Doyle
Bob Bryson Bubba Hughes
Ashley Fields
!Held 19 meeNngs
!Five members plus esNmated 2 hours preparaNon per meeNng
!AddiNonal sta and Council members as appropriate
!Approximately 450 total hours invested in the project.
Findings
!Issues of language usage and typographical errors

!Inconsistencies within and among secNons
!Outdated provisions
!We also veried that when ordinances specify acNons they are carried out.
Type 1 issues -
Issues of language usage, grammaMcal errors, and typographical errors. The Clerk of the Council can
submit these changes directly to MuniCode for correcMon.
Type 2a issues -
Issues that must be changed to be consistent with changes in State Law and changes in the Citys
operaMng procedures. We believe these issues could be approved on a consent agenda
Type 2b issues -
Issues requiring a proposal be brought before Council for deliberaMon, debate, and decision.
RecommendaNons
!Direct outside legal counsel to review the respecNve recommendaNons
!Remove all fees and nes from the Code and establish a Schedule of Fees
!Remove all policies from Code and refer to Policy Statements
!Review the process for changing and adopNng ordinances
!Consider keeping a Code Review Group intact

Code Review Book
CHARTER
A\orney
SecNon ID Current Issue RecommendaNon RaNngs
comments
Georgia variously
Charter 1.12 inconsistent Agree on a reference
referred to as state,
and reference to and apply throughout 1
State of Georgia,
throughout "State the Code
this state
Type 1 : Clerk
of Council
changes
A\orney
SecNon ID Current Issue RecommendaNon RaNngs
comments
Georgia variously
Charter 1.12 inconsistent Agree on a reference
referred to as state,
and reference to and apply 1
State of Georgia,
throughout "State throughout the Code
this state
clarify what is
Charter 1.13 "x and establish unsure what is meant meant, perhaps
1
(9) re limits" by re limits change "limits" to
"districts"
PART II - CODE OF ORDINANCES

Chapter 1 - GENERAL PROVISIONS
Sec. 1-1. - How Code designated and cited.
Code referred to in a variety of dierent terms: "the Code", "this Code", "Code of Ordinances"
The ordinances embraced in the following chapters and secNons and Appendix A shall consNtute and be
designated "The Code of Tybee Island, Georgia," and may be so cited, and may also be cited as "The
Code Review Update Code of the City of Tybee Island, Georgia."
(Code 1970, 1-1; Code 1983, 1-1-1)
terms are confusing "at meaning in but less deni<ve than in or on"; "past tense includes present and future"
City Council Sec. 1-2. - DeniMons and rules of construcMon.
In the construcMon of this Code, and of all ordinances, the following deniMons and rules shall be observed,
February 23, 2017 unless such construcMon would be inconsistent with the manifest intent of the governing body:
Generally. Ordinary meanings shall be applied to all words, except words of art, or words
Code Review
Thank you for the opportunity to serve our community.

Recommendations by Chapter
CHARTER
A7orney
Sec*on ID Current Issue Recommenda*on
comments Ra*ngs
Georgia variously referred to as
Charter 1.12 and inconsistent reference to Agree on a reference and
throughout "State
state, State of Georgia, this
apply throughout the Code 1
state
City has power to Power is granted

condemn property, How are we able to condemn through our
Charter 1.13 (5) inside or outside the property that is not within our Refer to council charter to the
corporate limits of the city limits city - do not
city want to remove
"x and establish re unsure what is meant by re clarify what is meant, perhaps
Charter 1.13 (9)
limits" limits change "limits" to "districts" 1
delete reference to separate
collecOon of glass, perhaps
"separate collecOon of Tybee no longer provides for
Charter 1.13 (34)
glass" recycling of glass
"provide for the separate 2-a
collecOon of recyclable
materials"
power to enact
Determine if this requirement
ordinances requiring
Charter 1.13 (41)
hotels, etc to hire
No such ordinances exist is valid or if it should be 2-a
removed
lifeguards
clarify if we want to reference
secOon regarding beach Does it make sense to conOnue
seawall and what is meant by
protecOon -- 18 feet to reference the seawall which
prevenOon of the seawall;
Charter 1.13 (42) from seawall - Also is no longer visible -- also
maintain the city's interest in 1
statement "prevenOon "prevenOon of seawall"
the 18 feet abuXng the
of seawall" meaning not clear
seawall.
sale, etc of city property
Charter 1.13 (44)
can only occur in C-1
Inconsistent with reality Remove reference to C-1 2-a
Code Review Matrix by Chapter

CHARTER
A7orney
comments Ra*ngs
Reference to how to No reference to emails, texts or RedraZ to include electronic
Charter 2.19 b
communicate other contemporary methods communicaOon methods 2-a
Unclear if this means the Clarify intent of this secOon,
States "all commi\ees
commi\ee members are insert "and members of the
Charter 2.20 are appointed by the
appointed or the commi\ees the commi\ees" in the rst 2-a
mayor
themselves are appointed sentence
Wording of enacOng Charter says "It is hereby
Choose one or the other and
Charter 2.22 clause per charter vs ordained", we someOmes say
apply accordingly
Process issue 2-a
how we do it "be it ordained"
Ordinances to be Delete reference to "printed"

Ordinances made available on
Charter 2.26 (b) printed. Copies to be
website through MuniCode
and change to "made 1
furnished to all ocers available"
Reference to how to No reference to emails, texts or RedraZ to include electronic

Charter 2.26 (c)
communicate other contemporary methods communicaOon methods 2-a
SecOon doesn't specify length
of absence before requiring a clarify that an email to council
Provision for city
Charter 2.29
manager's absence
le\er to be led with the clerk will suce for shorter periods 2-b
of council and species noOce of absence
"By le\ter..."
clarify exactly what is meant
States that city sta is Unsure if actual wage rates are
to be specied by ordinance;
Charter 3.10 c compensated by ordained or just the
comp plan part of annual 2-b
ordinance compensaOon plan
budget
Charter 3.13 typo - states by instead of be correct spelling 1

CHARTER
A7orney
comments Ra*ngs
says all elected and
unclear if this means all or not, clarify intent of this secOon
Charter 3.14 appointed ocials are
or not all are and modify language
counsel review 2-b
not employees
Determine if caps are to be
Charter 4.10-4.11 use of capital le\ers Municipal Court - caps or no used or not and be consistent 1
in usage
Georgia state bill HB 691
Municipal judges eecOve July 1,2016 municipal Change ordinance to reect
Charter 4.11(d)
appointed at will judges appointed for minimum new State bill
counsel review 2-a
1 year term
common usage of term forfeit -
states the judge will clarify meaning, perhaps add
Charter 4.13 e
forfeit bond
gives impression that the judge
"order the forfeiture of" 1
will lose the bond
Charter 4.13 e typo - states trail instead of trial correct spelling 1

states mayor is elected
Charter 5.11
biannually
mayor is four year term correct wording counsel review 2-a
language regarding specic oce language is clarify or eliminate specic
Charter 5.17 specic oce plus unclear as to meaning; only oce language and correct counsel review 2-a
number of candidates three, not six candidates are number of candidates
reference to an imparOal unclear as to how this imparOal
Charter 5-20
panel panel is selected
clarify intent and procedure counsel review 2-a
states that any
does this include change orders clarify level at which an
Charter 6.32 amendments to the
to capital projects ordinance is required
counsel review 2-a
capital budget require an

CHARTER
A7orney
comments Ra*ngs
requires entries into the Determine existence of
Charter 6.34 "city council journal of Not aware of such a journal journal: does this refer to the 2-a
proceedings" "minute book"?
requires for elected and
appointed ocials a determine need for bonds and
not aware of the requirement
Charter 7-10 surety bond and an
or the bonds
provide or eliminate counsel review 2-a
ordinance requiring requirement
them
As part of this review, prepare

numerous references to
Not aware of many of these a lisOng of all required
requirements for the city
Charter - general
to have specic
ordinances or unable to nd by ordinances and their status - counsel review 2-a
Municode search whether or not they exist and
ordinances
if not, if they are needed
Code referred to in a variety of

dierent terms: "the Code",
Sec. 1-1 How Code cited
"this Code", "Code of
Standardize terminology 1
Ordinances"
terms are confusing "at
DeniOons and rules of meaning in but less deniOve
Sec. 1-2
construcOon than in or on"; "past tense
Delete this secOon counsel review 2-a
includes present and future"
Code referred to in a variety of
dierent terms: "the Code",
Ordinances"

CODE CHAPTER 1 General Provisions
A7orney
comments Ra*ngs
DeniOons and rules of meaning in but less deniOve
Sec. 1-2
construcOon than in or on"; "past tense
Delete this secOon counsel review 2-a
CODE CHAPTER 2 Administra*on

Code of ethics for city
ocials seems to
Sec. 2-106(b)3
exclude campaign or
counsel review 2-a
conduct of candidates
"City ocial(s)" - remove the
Sec. 2-106(d) Typo
"s"
Correct 1
Sec. 2-106(e) Typo "commissionshall" Correct 1
Can be enacted by any
Sec. 2-106(h) PenalOes authority(Task Force, Only Council can levy nes counsel review 2-b
Commi\ee, etc)
Eliminate this SecOon and
Departments deniOons and replace with wording allowing recommendaOo
Sec. 2-164 Designates departments
names are not current City Manager to dene n 2-b
departments
Outdated gender
Sec. 2-214(a)
references
"he" Remove gender reference 1
Refers to all construcOon Seems to include projects done "projects managed by
Sec. 2-214(d)
projects by the City as well contractor"
counsel review 2-a

CODE CHAPTER 2 Administra*on
A7orney
comments Ra*ngs
Should be replaced by new
Sec 2-218 City credit card usage
ordinance
Conrm counsel review 2-a
Allow formaOon of
commi\ees by resoluOon, not
Boards, Commissions,
ArOcle VI
and AuthoriOes
All require an ordinance ordinance; add Finance, 2-b
Infrastructure, Public Safety
Commi\ees
New org structure using Not sure why new structure Conform structure to rest of
Division 1
Divisions required Code
counsel review 1
Sec.2-264 Audit Commi\ee has been eliminated Conrm counsel review 2-a
Division 2 Fine Arts Commission does not exist Remove counsel review 2-a
Division 3 RecreaOon Commission does not exist Remove counsel review 2-a
Division 4 Tybrisa Park Commission does not exist Remove counsel review 2-a
Sec 2-400 Applicability quesOon use of "foregoing" correct wording 1
"chapter" not dened; no
Sec 2-401 DeniOons "Commi\ee on Standards and Correct counsel review 2-b
SpecicaOons"
Commi\ee on Standards
Sec 2-404
and SpecicaOons
Does this exist? Conrm or remove counsel review 2-b
Sec 2-406 Applicability of standards Are these used in pracOce" Conrm or remove counsel review 2-b

CODE CHAPTER 6 Alcoholic Beverages
A7orney
comments Ra*ngs
SubsOtuOon for brand
Sec. 2-407
names
Are these used in pracOce" Conrm or remove counsel review 2-b
Uniform purchasing
Sec. 2-408
manual
Are these used in pracOce" Conrm or remove counsel review 2-b
Terms not defined
"establishments throughout this section.
Sec 6-1(a)
and bars"
Not defined
Recommend add 2-b
definitions.
Not defined and should

definitions and only Add definitions and
include provision for
Sec 6-1(b) for consumption on
carry out in accordance
clarify carry out 2-b
premises provisions
with Sec 6-8
"Intent of this Not needed given 50% counsel

Sec 6-1(b)(5)
section" rule in 6-1(b)(3)
Delete
review 2-a
Sec 6-2 "B-girl drinking" Outdated Delete 2-a

Gambling,
Sec 6-3 prostitution, Covered by State Law Delete 2-a
pimping prohibited
review all
"fine not to exceed Outdated and very low, Recommend "not
Sec 6-4
$100 not likely a deterent exceeding $1,000
fines and 2-b
fees

A7orney
comments Ra*ngs
Not enforced and
Notice of employee common practice is
Sec 6-7
termination employees at multiple
Delete 2-a
employers
"from a non-glass
metal can or non-
container with capacity
Sec 6-8(a) glass and 25.4 fluid Simplify
of 18 fluid ounces or 2-b
ounces
less
terms not defined and ID
definitions and not consistently checked.
Define terms and clarify
6-8(e) checking ID for all why is this Section
intent of provision. 2-b
sales included? Does it reflect
a State statute?
Change in format within Change numbers to

Sec 6-11 Formatting
the Section letters 1
sanitary there are no sanitary

Sec 6-11(f) Leave in case future use
regquirements requirements established
Sec 6-11(g) musical instruments licensed and registered Delete 2-a

A7orney
comments Ra*ngs
Refers to a "tab" or long-
"Credit counsel
Sec 6-11(h)
transactions"
term credit, illegal by Delete
review 2-a
State Law
Define terms
Sec 6-12 "no liquor" liquor not defined
consistently 2-a
Not needed given Sec 6- Delete and let 6-49
Sec 6-49(b) Issuance of license
49, Why the specificity? govern 2-a
delegate to city not best practice to
Sec 6-49(c )
manager delegate
Delete 2-b
Sec 6-51 Formatting
Change "first occur.
Sec 6-51(a) typo incomplete sentence Provided" to "first occur, 1
provided"
"do not result in
What is purpose of 10%
Sec 6-51(c ) ...stock holdings to
limit?
Delete 2-a
a total of ten
What is history of this
counsel
Sec 6-88 Beer License Act Act and does it pertain to Clarify or delete
review 2-a
wine and liquors?
Sec 6-91 Formatting

A7orney
comments Ra*ngs
Sec 6-91(d) musical instruments licensed and registered Delete 2-a

Refers to a "tab" or long-
"Credit
Sec 6-91(e)
transactions"
term credit, illegal by Delete 2-a
State Law
"malt beverage only apply to beer? not

Sec 6-92(a)
licenses wine and liquor?
Clarify 2-a
commissioner of health
Change to "Public
Sec 10-1 Definitions of Chatham County" not
Health Adminstrator" 1
a position
CODE CHAPTER 10 Animals
allows "firmly under the

Sec 10-2(a) dogs at large control" other than a delete phrase 2-a
leash
add language regarding

Sec 10-3(b) dogs on beach dogs prohibited on beach ADA service dogs and 2-b
comfort dogs
Migratory Bird Migratory Bird Treaty Act

Sec 10-8
Treaty or Act of 1918
Change 1

CODE CHAPTER 10 Animals
A7orney
comments Ra*ngs
dogfighting and
Sec 10-12
cockfighting
different wording conform wording 1
requires restraint, which
animals transported
Sec 10-15
by vehicle
is never enforced, in Delete section 2-b
cars, trucks, golf carts
conform to County regs

Chatham County
Sec 10-17 vicious animals
regulates animals
and delete reference to 2-a
animal control officers
Conform to County regs

City liability
Chatham County and review
Sec 10-17(o) regarding vicious
regulates animals enforceability of 2-a
animals
provision
Registration of dogs
Sec 10-18
and cats
Not enforced Delete 2-a
Unincorporated Why only

Sec 10-29
County unincorporated?
Review and advise 2-a
Sec 10-31 "not less than" why lower limit? delete "not less than" 2-a

CODE CHAPTER 12 Beaches and Waterways
A7orney
comments Ra*ngs
Refresh signs and
Use of municipal Too many signs posted at reduce number of signs,
Sec. 12-1
beaches.... crosswalks place full ordinance at a 2-b
few key locations (pier)
Certified guide dogs are Add specific language

allowed, but many specifying only certified
Sec 12-1(a)(4) Pets
people now brining trained guide dogs, not 2-b
"comfort" dogs comfort dogs.
Surfboarding and Designate specific areas

fishing permitted of the beach away from
Sec 12-1(a)(9)
only in designated
No areas are designated
those areas people 2-b
areas congregate
..disobey any
Sec 12- Delete reasonable and Change reasonable to
1(a)(10)
reasonable
add "lawful" lawful 2-b
command
Sec 12- Delete or rename with

1(a)(13)
Beer kegs Why is this section hre?
last sentence 2-b
Sec 12- Bathing in rest
1(a)(16) rooms
Redundancy Delete first sentence 2-b
Sec 12- Obstruction and
1(a)(19) equipment
Specify "overnight" Add "overnight" 2-b

CODE CHAPTER 12 Beaches and Waterways
A7orney
comments Ra*ngs
Why different penalties Consider revising
Sec 12-1(d-g) Penalties and how do they penalties and pulling out 2-b
compare? of Code
Revise and conform
Why this fine and fines and penalties,
Violations for shark
Sec 12-2(b)
fishing
imprisonment or stating minimums which 2-b
community service? the Judge must
maintain.
Sec 12- ...municipal boat There is no municipal

28(a)(1) ramp.. boat ramp
Delete or define Alley 3? 2-b
CODE CHAPTER 14 Elec*ons
Appoint a municipal
election
superintendent, All functions performed
election manager, by Clerk of the Council counsel
Sec 14-3
registrars, absentee and sub-contracted to review 2-a
ballot clerk and any Chatham County.
other officials
necessary
Resident registers Voters must register with counsel

Sec 14-7
with City to vote. the County
Delete first sentence
review 2-a

CODE CHAPTER 14 Elec*ons
A7orney
comments Ra*ngs
State requirements Change to "last Monday counsel
Sec 14-9(1) Notice of candidacy
override this section in August" review 1
All 6
councilmembers Reflect change to cuonsel
Sec 14-10
elected at same
Terms are now staggered
staggered terms review 2-a
time
Reflect change to counsel
Sec 14-18 Time of election Terms are now staggered
staggered terms review 2-a
CODE CHAPTER 18 Disaster Recovery
Rename "Emergency
Management" which
Chapter speaks more to
Heading
Disaster Recovery
emergency management
parallels the Emergency 2-b
Operating Plan and
functional titles
Emergency defined here and Sec 18- Why both definitions?
Sec 18-1
Management 2 Eliminate one of them 2-b
emergency EOP specifies emergency
Sec 18-1
response unit response function
conform to EOP 2-b
not approved but
emergency plans change to "reviewed" by
Sec 18-1
approved by GEMA
reviewed by GEMA.
GEMA 2-a
Approved by CEMA.

CODE CHAPTER 18 Disaster Recovery
A7orney
comments Ra*ngs
Emergency see above - delete one
Sec 18-2
management
also defined in Sec 18-1
of them 2-a
change to Emergency
director emergency Management
Sec 18-3(b)
management
name not used
Coordinator to align 2-b
with EOP
delete Homeland Change to reflect
Sec 18-9(c )
Security and GEMA
not submitted
current practice 2-a
"non-emergency Why included when
Sec 18-5
periods" spelled out in Charter?
Delete 2-b
Consider eliminating
Declaration of local and changing numbers
Sec 18-6(a)
emergency
Why (a) when no (b)?
to letters to conform 1
with style of Code.
No document was filed

Sec 18-
6(a)(2)a
Continuance for Hurricane Matthew - Clarify 2-b
not "local" emergency?
Outline succession plan

Sec 18-6(a)(3) Effect of declaration No succession plan and chain of command 2-b
in EOP
Sec 18-
6(a)(6)h
"Specialists" not defined Clarify or delete 2-b

CODE CHAPTER18 Disaster Recovery
A7orney
comments Ra*ngs
Sec 18-6(a)(7) "Formal" Typo Change 1
Sec 18-6(a)(7) section 4-310 no such ordinance clarify or delete 2-a
CODE CHAPTER 22 Environment
Sec 22-110 Definitions No noise control officer delete 1

Different than Sec 22-
Sec 22-166 Definitions
191
Conform definitions 1
Sec22-191 Definitions Different than Sec22-166 Conform definitions 1
CODE CHAPTER 23 Ethics
does not conform to

counsel
Sec 23-1 Term "City official" definition in Sec 1-2 and Conform definitions
review 1
Sec 3-106
State ethics law has counsel
Sec 23-2 Acceptance of gifts
max. $100 value
Conform to State Law
review 2-a
"conflict counsel
Sec 23-4
substantially"
Substantially not defined Define term
review 2-a

CODE CHAPTER 23 Ethics
A7orney
comments Ra*ngs
ethics commission if not
ethic commision violation, city council if counsel
Sec 23-14
and/or city council
confusing
commission review 2-b
recommends violation
two year staggered counsel

Sec 23-34(b)
terms
Not defined clarify the term
review 2-a
CODE CHAPTER 26 Fire Preven*on
conform fines for

counsel
residential properties to
Sec 26-5 False alarms no fine specified
those for commercial
review and 2-b
Fire Chief
properties
delete this section or

not currently done, reword to capture counsel
Identification of
Sec 26-6(a-c)
propane tanks
impossible to enforce intent. Chief Fields review and 2-b
against vendors would like a residential Fire Chief
inventory if possible.
Delete or at least counsel

Office of chief
Sec 26-36
created
Why this section? change "appointed" to review and 2-b
"hired" Fire Chief

CODE CHAPTER 26 Fire Preven*on
A7orney
comments Ra*ngs
Reverse these two
Sections look reordered,
Sec 26-41(a-c) Sections Recommend counsel
Fire subscription talking of fees before
and Sec 26-
rates talking about who pays
flat fee specified review and 2-b
42(a-c) annually, not tied to Fire Chief
them
CPI.
Does this refer to this

counsel
Adoption "Fire Chapter? There is no
Sec 26-69
Prevention Code" other Fire Prevention
Clarify review and 2-b
Fire Chief
Code.
counsel
Fire Prevention See above - what is the
Sec 26-70
Code Fire Prevention Code?
Clarify review and 2-b
Fire Chief
CODE CHAPTER 30 Law Enforcement
"clothed" and Clarify or change

Sec 30-25
"peace officer"
Definition not clear
wording 1

CODE CHAPTER 34 Licenses, Permits
A7orney
comments Ra*ngs
City requires decal
for vehicles in counsel
Sec 34-1
transportation
State took over licensing Delete section
review 2-a
business
Sale of items To what does this section

designed or pertain? Can we refer to counsel
Sec 34-2
marketed for use State Ordinance and
Delete section
review 2-a
with illegal drugs eliminate?
commercial/residen Should be just counsel

Sec 34-3(e)
tial premises commercial
Delete "residential"
review 2-a
Sec 34-28 Definitions Different than Chapter 1 Conform definitions Fire Chief 1
City requires
occupational license.
City requires License to conduct Change "business" to counsel
Sec 34-29
business license. business often comes "occupational" review 2-a
from some other
regulatory agency.
counsel
Sec 34-31 Same Same Same
review 2-a

A7orney
comments Ra*ngs
Add (4) "The business
transactions are the
Doesn't explicitly refer to short-term (less than 30
Exceptions to Short Term Rentals days) rental of the
Sec 34-36
business license managed by a property property which is 2-b
management company managed by a rental
property management
company.
counsel
Sec 34-37(a) city officer not defined term change to "city official"
review 1
Why is this here? No
Compliance with counsel
Sec 34-37(b)
building codes
code review is done in Delete
review 2-a
granting license
counsel
Sec 34-37(e) Interpretation Why is this section here?
review 2-a
Recommend omitting
maximum fee or specific
fee and provide ability
Why specific fee
Sec 34-44 License fee
specified?
to set fees on a regular 2-b
basis. Fees are outdated
in many instances
througout the Code

A7orney
comments Ra*ngs
Why specify and if so, Delete or change to counsel
Sec 34-45 May 1- April 30
make fiscal year "July 1-June 30" review 2-a
Insurance Why refer to insurance

Sec 34-48
companies companies?
Delete 2-a
Sec 34-39 Same Same Same 2-a
intent of Council is that

Article III Sec
Beach equipment there will be no
34-82through
rental expansion of beach
Delete all 2-b
Sec 34-89
rental licenses.
Article IV Sec
34-122 There are no bondsmen
through Sec 34-
Bondsmen
on the Island
Delete all 2-b
130
Article V - Sec
Peddling and Not allowed so why the
34-164
Solicitation provisions?
Delete all 2-b
through 167

A7orney
comments Ra*ngs
State regulates taxis.
Doubtful any of this is
currently done by City
and there is confusion
Article VI - Sec about when and where Delete all or re-word to
Taxis and Vehicles
34-191
for Hire
private vehicles licensed address City issues 2-b
through 212 as taxi can park in the given State regulations.
City. Also, what about
private drivers providing
taxi service under UBER
or LYFT?
CODE CHAPTER 38 Municipal Court
Three judges are sworn

Mayor or member in at any time.
Not appropriate given
Sec 38-1(a) of Council replaces
role of the judge
Recommend "borrow" a 2-a
judge judge from another
jurisdicition, perhaps.
Sec 38-1(b) Same as above Same as above Delete 2-a

CODE CHAPTER 38 Municipal Court
A7orney
comments Ra*ngs
Recommend
establishing fee
schedule updated
Sec 38-2 Admin court costs Seems low at $100
annually and approved 2-b
by Council at budget
review
Sec 38-4 Technology fee Seems low at $20 Same as above 2-b
Oenses and
CODE CHAPTER 42 Miscellaneous
Provisions
No Comments on Chapter 42
CODE CHAPTER 46 Personnel
Recommend rempove Chapter 46 and establish HR policies as stand alone city policies, to be reviewed by Council annually

CODE CHAPTER 54 Streets, Sidewalks
A7orney
comments Ra*ngs
Cannot impact Delete "without first

Absolute right to
Sec 54-4 lateral support
maintain lateral support
obtaining a written 2-a
"without permit" permit from the city"
Recommend
establishing fee
Sec 54-5(b)(1) Fine not less $100 Seems low schedule outside Code 2-b
and allow Section 1-8 to
govern all violations.
Specifies permit to Recommend requiring

Sec 54-35 make opening in Does not specify time permit to include time 2-a
street hole expected to remain
Superintendent of
Replace with Director,
Sec 54-39 pubic works- Position does not exist
Public Works 2-a
Sanitation
Delete or change
Sec 54-41 Refers to "harrow" Seems outdated
wording 1

CODE CHAPTER 54 Streets, Sidewalks
A7orney
comments Ra*ngs
Trees pruned to
Sec 54-42 minimum 10 feet Not enforced Change or enforce 2-a
height
"persons is" and Change "is" to "are" and

Sec 54-73(1)
"his"
Typo
"his" to "his/her" 1
Sec 54- "configuration the
73(2)(a)(5) assembly"
Typo insert "of" 1
Sec 54-
73(2)(a)(6)
"his" Typo Change to "him/her" 1
CODE CHAPTER 58 Taxa*on
Establish policy
Need to clarify
Sec 58-1 Deliquent taxes
procedures for collecting.
regarding placing and 2-a
lifting liens
Need to check with

Sec 58-4( c ) 1-Jan-16
counsel on this date 2-a
Tax digest and City budget has since Consider revising to

Sec 58-32( c ) rendition of been changed for Fiscal reflect change in budget 2-a
statements Year July 1-Jun30 year

CODE CHAPTER 58 Taxa*on
A7orney
comments Ra*ngs
Homestead Seems high given goal of

Consider lowering the
Sec 58-33(b) exemption of Master Plan for more
assessed value 2-b
$80,000 affordable housing
Removing all fee, tax, Remove and update fee

Sec 58-71 Tax schedule and penalty schedules schedule annually 2-b
from Code during budget hearings.
Payment dates and

Consider auditing
Sec 58-72 wholesale Process not audited
process 2-b
regulations
Does "credit or deferred If so, need to delete.

Sec 58-81(b) Definition issue
payment mean "tab"? Otherwise, clarify 1
City Clerk doesn't

Sec 58-81(e) City Clerk duties
perform these functions
Change to "Finance" 1
Sec 58-107 Angela and counsel
thru 125
Room Excise Tax Need to confirm process
need to review process 2-a

CODE CHAPTER 62 Telecommunica*ons
A7orney
comments Ra*ngs
Add to Fee & Fine
Sec 62-2(a) Fees Remove fees from Code
Schedule 2-b
CODE CHAPTER 66 Trac
Several, including Recommend Council

Skateboards
Sec 66-2
regulated
undefined terms and lack review this ordinance in 2-b
of clarity its entirety
School days only; speed

Speed limits on
Sec 66-3
Butler
limit on Butler always Delete 2-a
30mph
Yield sign Campbell

Sec 66-5
at Van Horne
Stop sign, not Yield sign Confirm and change 2-a
Recommend Council
Sec 66-8 Motorized carts Not at all enforced
review of ordinance 2-b
Bicycles not
Does this infer that
operated on Recommend Council
Sec 66-9(b)
sidewalks of Tybrisa
bicycles can ride on
review and clarify 2-a
sidewalks elsewhere?
Street or Strand

CODE CHAPTER 66 Trac
A7orney
comments Ra*ngs
Why begin having Review with Counsel
Sec 66-11 Division 1
Division headings? and clarify 2-a
Change to Vehicle and
"Vehicle shall
Sec 66-69(d)
include but are"...
Typo "is" or "Vehicles" and 1
are
Inconsistent
Sec 66-101(b)
& Sec 66-135
definitions of Need to make consistent Recommend conform 1
"Parking"
Requires 3 persons
Sec 66- Current practice is two Recommend change to
148(b)(1)
to collect money
persons reflect current practice 2-a
from meters
"through Labor Day

Could be confusing:
Sec 66-185 weekend ending at
Noon or Midnight?
Clarify 2-a
12:00pm"
Removal by "peace Define or change

Sec 66-208
officer"
Peace officer not defined
wording to clarify 1
"Any person which" Change to "any person
Sec 66-210
& "its"
Typo
who" & "their" 1

CODE CHAPTER 70 U*li*es
A7orney
comments Ra*ngs
Current practice is they
Parade permit
go to Chantel Morton, Change to current
Sec 66-229 applications go to
Main Street practice 2-a
Clerk of Council
Administrator
Ordinance of 2005
seems out of date given Review ordinance for
Article VI Pedicabs
there are no Pedicabs in relevance 2-b
operation
Sec 70-24 "a director" Should be The Director change to "Director" 2-a
does not specifically

refer to "Person" as add definition for
Sec 70-25( c ) Customer defined
defined elsewhere in the "Person" from 70-72 2-a
Code
add "compliance
Water shortage Does not include
Sec 70-25(c)
defined compliance violation
violation with State 2-b
withdrawal limits"
Seem to be in reverse re-order priorities least

Sec 70-25(d) Priority levels
order of importance important first 2-a

A7orney
comments Ra*ngs
Sec 70-25(f) "should" infers judgement change to "shall" 1

Sec 70-
25(f)(3)
refers to Priority 4 There are not priority 4 reorder section 1
Sec 70-25(g) typos fix fix typo errors 1
Sec 70-
25(h)(1)
speaks to "warning" omits "citation" add "citation" 1
Sec 70-26(b) "insure" should be "ensure" change 1
"except that the
minimum
There are no residential
Sec 70- residential lot
26(d)(1) size...within
lots within wellhead of 1 Delete 2-a
acre or more
wellhead...not be
less than 1 acre
"sanitary sewer
Sec 70- currently are sewer lines
26(e)(8)
lines within 150
within this restriction
delete 2-a
feet of a wellhead"
Sec 70-28 printed form only need electronic add "or electronically" 1

A7orney
comments Ra*ngs
change to "Director of
"department of
Sec 70-28
water and sewer
doesn't specify who water and sewer 2-a
department"
change to "thereon" and

Sec70-31 "thereof" should be "thereon"
add "to assure" 1
remove and add to Fee
Sec70-33 Fee schedule remove
Schedule 2-b
define property line as
Sec 70-34(a) "the property line" vague
nearest City water line? 2-a
vague and not change to "the City
Sec 70-35(a) "of governing body" appropriate to go to City Manager or his 2-a
Council designee"
Sec 70-36 SAME SAME SAME 2-a

Sec 70-37(a) fee remove
Schedule 2-b
Sec 70-37(b) "should" infers judgement change to "shall" 2-a
confusing language - change to "made to
Sec 70-37( c ) "made to pump"
needs clarification place the pump" 2-a

A7orney
comments Ra*ngs
place on Schedule of
Sec 70-37(g) fee remove
Fees 2-b
Sec 70-38(b) fee remove
Fees 2-b
refers to "section 1-
Sec 70-41
8"
confusing add "of the Code" 1
Sec 70-44 fee remove
Fees 2-b
capital cost Is this process being review policy and
Sec 70-45
recovery fees/water implemented? process 2-a
change to Director
Sec 70-72 "superintendent" no title
througout 1
Sec 70-74( c ) SAME SAME SAME 1
refers to "section 1-
Sec 70-76
8"
confusing add "of the Code" 1
Sec 70-80(b) SAME SAME SAME 1
confusing and should be clarify or remove. If

formulas for
Sec 70-81
penalties
removed and placed on retain, correct formulas 2-a
Fee Schedule and add to Fee Schedule

A7orney
comments Ra*ngs
Clarify and either
Article V Sec70- Is it appropriate to place confirm Section70 is
Identity Theft
131 through70-
Prevention Program
in Utilities or should it be appropriate or move to 2-b
166 in another Section? more appropriate
Section.

4. Recommendations by Type
a. Type 1 - Clerk
b. Type 2-a - Consent
c. Type 2-b - Deliberate
Type 1 : Clerk
of Council
changes
A?orney
Sec7on ID Current Issue Recommenda7on Ra7ngs
comments
Georgia variously referred to Agree on a reference and
Charter 1.12 and inconsistent reference to
throughout "State
as state, State of Georgia, apply throughout the
this state Code
1
clarify what is meant,
"fix and establish fire unsure what is meant by fire
Charter 1.13 (9)
limits" limits
perhaps change "limits" 1
to "districts"
clarify if we want to
section regarding beach Does it make sense to reference seawall and
protection -- 18 feet continue to reference the what is meant by
Charter 1.13 (42) from seawall - Also
statement "prevention of
seawall which is no longer
visible -- also "prevention of
prevention of the seawall;
maintain the city's
1
seawall" seawall" meaning not clear interest in the 18 feet
abutting the seawall.
Ordinances to be Delete reference to

Ordinances made available on
Charter 2.26 (b) printed. Copies to be
furnished to all officers
website through MuniCode
"printed" and change to
"made available"
1
Charter 3.13 typo - states by instead of be correct spelling 1
Determine if caps are to
Charter 4.10-4.11 use of capital letters Municipal Court - caps or no be used or not and be
consistent in usage
1
common usage of term forfeit - clarify meaning, perhaps
states the judge will
Charter 4.13 e
forfeit bond
gives impression that the
judge will lose the bond
add "order the forfeiture
of"
1
Charter 4.13 e typo - states trail instead of trial correct spelling 1
Code Review Matrix by Type

10-25-17
A?orney
comments
Code referred to in a variety
of different terms: "the Code",
Ordinances"
"City official(s)" - remove the
Sec. 2-106(d) Typo
"s"
Correct 1
Sec. 2-106(e) Typo "commissionshall" Correct 1
Outdated gender
Sec. 2-214(a)
references
"he" Remove gender reference 1
New org structure using Not sure why new structure Conform structure to rest
Division 1
Divisions required of Code
counsel review 1
Sec 2-400 Applicability question use of "foregoing" correct wording 1
State requirements override Change to "last Monday in
Sec 14-9(1) Notice of candidacy
this section August"
counsel review 1
does not conform to definition
Sec 23-1 Term "City official"
in Sec 1-2 and Sec 3-106
Conform definitions counsel review 1
Sec 34-28 Definitions Different than Chapter 1 Conform definitions Fire Chief 1
Sec 34-37(a) city officer not defined term change to "city official" counsel review 1
Change in format within the Change numbers to
Sec 6-11 Formatting
Section letters 1
Sec 6-51 Formatting
Section letters 1
Change "first occur.
Sec 6-51(a) typo incomplete sentence Provided" to "first occur,
provided"
1

10-25-17
A?orney
comments
Sec 6-91 Formatting
Section letters 1
Consider eliminating and
Declaration of local changing numbers to
Sec 18-6(a)
emergency
Why (a) when no (b)?
letters to conform with 1
style of Code.
Sec 18-6(a)(7) "Formal" Typo Change 1
"clothed" and "peace
Sec 30-25
officer"
Definition not clear Clarify or change wording 1
Sec 54-41 Refers to "harrow" Seems outdated Delete or change wording 1
Change "is" to "are" and
Sec 54-73(1) "persons is" and "his" Typo
"his" to "his/her" 1
Sec 54- "configuration the
73(2)(a)(5) assembly"
Typo insert "of" 1
Sec 54-
73(2)(a)(6)
"his" Typo Change to "him/her" 1
Sec 58-81(b) Deni0on issue
City Clerk doesn't perform
Sec 58-81(e) City Clerk du0es
these func0ons
"Vehicle shall include but Change to Vehicle and
Sec 66-69(d)
are"...
Typo
"is" or "Vehicles" and are 1
Sec 66-101(b) & Inconsistent definitions
Sec 66-135 of "Parking"
Need to make consistent Recommend conform 1
Removal by "peace Define or change wording
Sec 66-208
officer"
Peace officer not defined
to clarify 1

10-25-17
A?orney
comments
"Any person which" & Change to "any person
Sec 66-210
"its"
Typo
who" & "their" 1
Sec 58-81(b) Deni0on issue
City Clerk doesn't perform
Sec 58-81(e) City Clerk du0es
these func0ons
commissioner of health of Change to "Public Health
Sec 10-1 Deni0ons
Chatham County" not a posi0on Adminstrator" 1
Migratory Bird Treaty or Migratory Bird Treaty Act of

Sec 10-8
Act 1918
Change 1
doggh0ng and
Sec 10-12
cockgh0ng
dierent wording conform wording 1
Sec 22-110 Deni0ons No noise control ocer delete 1
Sec 22-166 Deni0ons Dierent than Sec 22-191 Conform deni0ons 1
Sec22-191 Deni0ons Dierent than Sec22-166 Conform deni0ons 1

10-25-17
A?orney
comments
Sec 70-25(f) "should" infers judgement change to "shall" 1
Sec 70-25(f)(3) refers to Priority 4 There are not priority 4 reorder section 1
Sec 70-25(g) typos fix fix typo errors 1
Sec 70-25(h)(1) speaks to "warning" omits "citation" add "citation" 1
Sec 70-26(b) "insure" should be "ensure" change 1
Sec 70-28 printed form only need electronic add "or electronically" 1
change to "thereon" and
Sec70-31 "thereof" should be "thereon"
add "to assure" 1
Sec 70-41 refers to "section 1-8" confusing add "of the Code" 1
change to Director
Sec 70-72 "superintendent" no title
througout 1
Sec 70-76 refers to "section 1-8" confusing add "of the Code" 1
Sec 70-80(b) SAME SAME SAME 1

10-25-17
Type 2-a :
Consent
Agenda Issues
A?orney
comments
delete reference to
separate collection of
"separate collection of Tybee no longer provides for
Charter 1.13 (34)
glass" recycling of glass
glass, perhaps "provide
for the separate collection
2-a
of recyclable materials"
power to enact
Determine if this
ordinances requiring
Charter 1.13 (41)
hotels, etc to hire
No such ordinances exist requirement is valid or if
it should be removed
2-a
lifeguards
sale, etc of city property

Charter 1.13 (44)
can only occur in C-1
Inconsistent with reality Remove reference to C-1 2-a
No reference to emails, texts Redraft to include
Reference to how to
Charter 2.19 b
communicate
or other contemporary
methods
electronic communication
methods
2-a
Clarify intent of this
Unclear if this means the
States "all committees section, insert "and
committee members are
Charter 2.20 are appointed by the
mayor
appointed or the committees
members of the the
committees" in the first
2-a
themselves are appointed
sentence
Wording of enacting Charter says "It is hereby

Choose one or the other
Charter 2.22 clause per charter vs ordained", we sometimes say
and apply accordingly
Process issue 2-a
how we do it "be it ordained"

10-25-17
A?orney
comments
No reference to emails, texts Redraft to include
Reference to how to
Charter 2.26 (c)
communicate
or other contemporary
methods
electronic communication
methods
2-a
Georgia state bill HB 691
Municipal judges eec0ve July 1,2016 municipal Change ordinance to
Charter 4.11(d)
appointed at will judges appointed for minimum reect new State bill
counsel review 2-a
1 year term
states mayor is elected
Charter 5.11
biannually
mayor is four year term correct wording counsel review 2-a
language regarding specific office language is clarify or eliminate
specific office plus unclear as to meaning; only specific office language
Charter 5.17
number of candidates three, not six candidates are and correct number of
counsel review 2-a
elected elected at a time candidates
reference to an impartial unclear as to how this clarify intent and

Charter 5-20
panel impartial panel is selected procedure
counsel review 2-a
states that any
amendments to the does this include change clarify level at which an
Charter 6.32
capital budget require an orders to capital projects ordinance is required
counsel review 2-a
ordinance
requires entries into the Determine existence of

Charter 6.34 "city council journal of Not aware of such a journal journal: does this refer to 2-a
proceedings" the "minute book"?
requires for elected and

appointed officials a determine need for bonds
not aware of the requirement
Charter 7-10 surety bond and an
ordinance requiring
or the bonds
and provide or eliminate
requirement
counsel review 2-a
them

10-25-17
A?orney
comments
As part of this review,
numerous references to prepare a listing of all
Not aware of many of these
requirements for the city required ordinances and
Charter - general
to have specific
ordinances or unable to find
their status - whether or
counsel review 2-a
by Municode search
ordinances not they exist and if not,
if they are needed

Definitions and rules of meaning in but less definitive
Sec. 1-2
construction than in or on"; "past tense
Delete this section counsel review 2-a
Code of ethics for city

officials seems to
Sec. 2-106(b)3
exclude campaign or
counsel review 2-a
conduct of candidates
Refers to all construction Seems to include projects "projects managed by

Sec. 2-214(d)
projects done by the City as well contractor"
counsel review 2-a
Should be replaced by new
Sec 2-218 City credit card usage
ordinance
Confirm counsel review 2-a
Sec.2-264 Audit Committee has been eliminated Confirm counsel review 2-a
Division 2 Fine Arts Commission does not exist Remove counsel review 2-a
Division 3 Recreation Commission does not exist Remove counsel review 2-a
Division 4 Tybrisa Park Commission does not exist Remove counsel review 2-a
10-25-17
A?orney
comments
Appoint a municipal
election superintendent, All functions performed by
election manager, Clerk of the Council and sub-
Sec 14-3
registrars, absentee contracted to Chatham
counsel review 2-a
ballot clerk and any County.
other officials necessary
Resident registers with Voters must register with the
Sec 14-7
City to vote. County
Delete first sentence counsel review 2-a
All 6 councilmembers Reflect change to
Sec 14-10
elected at same time
Terms are now staggered
staggered terms
cuonsel review 2-a
Reflect change to
Sec 14-18 Time of election Terms are now staggered
staggered terms
counsel review 2-a
State ethics law has max.
Sec 23-2 Acceptance of gifts
$100 value
Conform to State Law counsel review 2-a
Sec 23-4 "conflict substantially" Substantially not defined Define term counsel review 2-a
two year staggered
Sec 23-34(b)
terms
Not defined clarify the term counsel review 2-a
City requires decal for
Sec 34-1 vehicles in State took over licensing Delete section counsel review 2-a
transportation business
Sale of items designed To what does this section

Sec 34-2 or marketed for use with pertain? Can we refer to State Delete section
illegal drugs Ordinance and eliminate?
counsel review 2-a
commercial/residential
Sec 34-3(e)
premises
Should be just commercial Delete "residential" counsel review 2-a

10-25-17
A?orney
comments
City requires occupational
City requires business license. License to conduct Change "business" to
Sec 34-29
license. business often comes from "occupational"
counsel review 2-a
some other regulatory agency.
Sec 34-31 Same Same Same counsel review 2-a

Why is this here? No code
Compliance with building
Sec 34-37(b)
codes
review is done in granting
license
Delete counsel review 2-a
Sec 34-37(e) Interpretation Why is this section here? counsel review 2-a
Why specify and if so, make Delete or change to "July
Sec 34-45 May 1- April 30
fiscal year 1-June 30"
counsel review 2-a
Why refer to insurance
Sec 34-48 Insurance companies
companies?
Delete 2-a
Sec 34-39 Same Same Same 2-a
Not needed given 50% rule in
Sec 6-1(b)(5) "Intent of this section"
6-1(b)(3)
Sec 6-2 "B-girl drinking" Outdated Delete 2-a
Gambling, prostitution,
Sec 6-3
pimping prohibited
Covered by State Law Delete 2-a
Not enforced and common
Notice of employee
Sec 6-7
termination
practice is employees at Delete 2-a
multiple employers
Sec 6-11(g) musical instruments licensed and registered Delete 2-a

10-25-17
A?orney
comments
Refers to a "tab" or long-term
Sec 6-11(h) "Credit transactions"
credit, illegal by State Law
Sec 6-12 "no liquor" liquor not defined Define terms consistently 2-a
Not needed given Sec 6-49, Delete and let 6-49
Sec 6-49(b) Issuance of license
Why the specificity? govern 2-a
"do not result in ...stock
Sec 6-51(c ) holdings to a total of ten What is purpose of 10% limit? Delete
percent..."
2-a
What is history of this Act and
Sec 6-88 Beer License Act does it pertain to wine and Clarify or delete counsel review 2-a
liquors?
Sec 6-91(d) musical instruments licensed and registered Delete 2-a

Refers to a "tab" or long-term
Sec 6-91(e) "Credit transactions"
credit, illegal by State Law
Delete 2-a
only apply to beer? not wine
Sec 6-92(a) "malt beverage licenses
and liquor?
Clarify 2-a
emergency plans not approved but reviewed by change to "reviewed" by
Sec 18-1
approved by GEMA GEMA. Approved by CEMA. GEMA 2-a
see above - delete one of
Sec 18-2 Emergency management also defined in Sec 18-1
them 2-a
delete Homeland Change to reflect current
Sec 18-9(c )
Security and GEMA
not submitted
practice 2-a
Sec 18-6(a)(7) section 4-310 no such ordinance clarify or delete 2-a

10-25-17
A?orney
comments
Three judges are sworn in
at any time. Recommend
Mayor or member of Not appropriate given role of
Sec 38-1(a)
Council replaces judge the judge
"borrow" a judge from
another jurisdicition,
2-a
perhaps.
2
Sec 38-1(b) Same as above Same as above Delete - 2-a
a
Delete "without first

Cannot impact lateral Absolute right to maintain
Sec 54-4
support "without permit" lateral support
obtaining a written permit
from the city"
2-a
Recommend requiring
Specifies permit to make
Sec 54-35
opening in street
Does not specify time permit to include time 2-a
hole expected to remain
2
Superintendent of pubic Replace with Director,
Sec 54-39
works-Sanitation
Position does not exist
Public Works
-
a
2-a
Trees pruned to
Sec 54-42
minimum 10 feet height
Not enforced Change or enforce 2-a
School days only; speed limit
Sec 66-3 Speed limits on Butler
on Butler always 30mph
Delete 2-a
Yield sign Campbell at
Sec 66-5
Van Horne
Stop sign, not Yield sign Confirm and change 2-a
Bicycles not operated on Does this infer that bicycles 2
Recommend Council
Sec 66-9(b) sidewalks of Tybrisa can ride on sidewalks
review and clarify
- 2-a
Street or Strand elsewhere? a
Why begin having Division Review with Counsel and
Sec 66-11 Division 1
headings? clarify 2-a

10-25-17
A?orney
comments
Requires 3 persons to 2
Current practice is two Recommend change to
Sec 66-148(b)(1) collect money from
persons reflect current practice
- 2-a
meters a
"through Labor Day

Could be confusing: Noon or
Sec 66-185 weekend ending at
Midnight?
Clarify 2-a
12:00pm"
Parade permit Current practice is they go to

Change to current
Sec 66-229 applications go to Clerk
of Council
Chantel Morton, Main Street
Administrator
practice 2-a
Need to clarify procedures for Establish policy regarding 2
collec0ng. placing and li`ing liens 2-a
-
Need to check with counsel on 2
Sec 58-4( c ) 1-Jan-16
this date 2-a
-
Tax digest and rendi0on
City budget has since been
Consider revising to reect 2
Sec 58-32( c )
of statements
changed for Fiscal Year July 1-
change in budget year 2-a
Jun30 -
Sec 58-107 thru Angela and counsel need 2
125
Room Excise Tax Need to conrm process
to review process 2-a
-
allows "rmly under the 2
Sec 10-2(a) dogs at large
control" other than a leash
delete phrase 2-a
-
Chatham County regulates
conform to County regs 2
animals
animal control ocers -

10-25-17
A?orney
comments
City liability regarding Chatham County regulates

Conform to County regs 2
Sec 10-17(o)
vicious animals animals
and review enforceability 2-a
of provision -
Registra0on of dogs and 2
Sec 10-18
cats
-
2
Sec 10-29 Unincorporated County Why only unincorporated? Review and advise 2-a
-
2
-
Need to clarify procedures for Establish policy regarding 2
collec0ng. placing and li`ing liens 2-a
-
Need to check with counsel on 2
Sec 58-4( c ) 1-Jan-16
this date 2-a
-
Tax digest and rendi0on
City budget has since been
Consider revising to reect 2
Sec 58-32( c )
of statements
changed for Fiscal Year July 1-
change in budget year 2-a
Jun30 -
Sec 58-107 thru Angela and counsel need 2
125
Room Excise Tax Need to conrm process
to review process 2-a
-

10-25-17
A?orney
comments
allows "rmly under the 2

Sec 10-2(a) dogs at large
control" other than a leash
delete phrase 2-a
-
Chatham County regulates
conform to County regs 2
animals
animal control ocers -
City liability regarding Chatham County regulates
Conform to County regs 2
Sec 10-17(o)
vicious animals animals
and review enforceability 2-a
of provision -
Registra0on of dogs and 2
Sec 10-18
cats
-
2
Sec 10-29 Unincorporated County Why only unincorporated? Review and advise 2-a
-
2
-
Sec 70-24 "a director" Should be The Director change to "Director" 2-a
does not specifically refer to
add definition for "Person"
Sec 70-25( c ) Customer defined "Person" as defined elsewhere
from 70-72 2-a
in the Code
Seem to be in reverse order of re-order priorities least

Sec 70-25(d) Priority levels
importance important first 2-a

10-25-17
A?orney
comments
"except that the

minimum residential lot There are no residential lots
Sec 70-26(d)(1) size...within
wellhead...not be less
within wellhead of 1 acre or
more
Delete 2-a
than 1 acre
"sanitary sewer lines

currently are sewer lines
Sec 70-26(e)(8) within 150 feet of a
wellhead"
within this restriction
delete 2-a
change to "Director of
"department of water
Sec 70-28
and sewer
doesn't specify who water and sewer
department"
2-a
define property line as
Sec 70-34(a) "the property line" vague
nearest City water line? 2-a
vague and not appropriate to change to "the City
Sec 70-35(a) "of governing body"
go to City Council Manager or his designee" 2-a
Sec 70-36 SAME SAME SAME 2-a
Sec 70-37(b) "should" infers judgement change to "shall" 2-a
confusing language - needs change to "made to place
Sec 70-37( c ) "made to pump"
clarification the pump" 2-a
capital cost recovery Is this process being
Sec 70-45
fees/water implemented?
review policy and process 2-a
confusing and should be clarify or remove. If
Sec 70-81 formulas for penalties removed and placed on Fee retain, correct formulas 2-a
Schedule and add to Fee Schedule

10-25-17
Type 2-b :
Delibera7ve
Issues
A?orney
comments
Section doesn't specify length

clarify that an email to
of absence before requiring a
Provision for city council will suffice for
Charter 2.29
manager's absence
letter to be filed with the clerk
of council and specifies notice
shorter periods of 2-b
absence
"By lettter..."
clarify exactly what is

States that city staff is Unsure if actual wage rates
meant to be specified by
Charter 3.10 c compensated by are ordained or just the
ordinance; comp plan 2-b
ordinance compensation plan
part of annual budget
says all elected and clarify intent of this

unclear if this means all or
Charter 3.14 appointed officials are
not, or not all are
section and modify counsel review 2-b
not employees language
Can be enacted by any

Only Council can levy
Sec. 2-106(h) Penalties authority(Task Force,
Committee, etc)
fines
counsel review 2-b
Eliminate this Section and
Departments definitions and replace with wording
Sec. 2-164 Designates departments
names are not current allowing City Manager to
recommendation 2-b
define departments

10-25-17
A?orney
comments
Allow formation of
committees by resolution,
Boards, Commissions,
Article VI
and Authorities
All require an ordinance not ordinance; add
Finance, Infrastructure,
2-b
Public Safety Committees
"chapter" not defined; no
Sec 2-401 Definitions "Committee on Standards and Correct counsel review 2-b
Specifications"
Committee on Standards
Sec 2-404
and Specifications
Does this exist? Confirm or remove counsel review 2-b
Sec 2-406 Applicability of standards Are these used in practice" Confirm or remove counsel review 2-b
Substitution for brand
Sec. 2-407
names
Are these used in practice" Confirm or remove counsel review 2-b
Uniform purchasing
Sec. 2-408
manual
Are these used in practice" Confirm or remove counsel review 2-b
ethics commission if not
ethic commision and/or violation, city council if
Sec 23-14
city council
confusing
commission recommends
counsel review 2-b
violation
Add (4) "The business
transactions are the short-
Doesn't explicitly refer to
term (less than 30 days)
Exceptions to business Short Term Rentals managed
Sec 34-36
license by a property management
rental of the property 2-b
which is managed by a
company
rental property
management company.

10-25-17
A?orney
comments
Recommend omitting
maximum fee or specific
fee and provide ability to
Sec 34-44 License fee Why specific fee specified? set fees on a regular
basis. Fees are outdated
2-b
in many instances
througout the Code
Article III Sec 34- intent of Council is that there

82through Sec 34-Beach equipment rental
89
will be no expansion of beach
rental licenses.
Delete all 2-b
Article IV Sec 34-
There are no bondsmen on
122 through Sec Bondsmen
the Island
Delete all 2-b
34-130
Article V - Sec 34- Not allowed so why the
164 through 167
Peddling and Solicitation
provisions?
Delete all 2-b
State regulates taxis. Doubtful
any of this is currently done
by City and there is confusion
Article VI - Sec about when and where private Delete all or re-word to
Taxis and Vehicles for
34-191 through
Hire
vehicles licensed as taxi can address City issues given 2-b
212 park in the City. Also, what State regulations.
about private drivers providing
taxi service under UBER or
LYFT?
Terms not defined

"establishments and throughout this section.
Sec 6-1(a)
bars"
Not defined
Recommend add 2-b
definitions.

10-25-17
A?orney
comments
definitions and only for Not defined and should
Add definitions and clarify
Sec 6-1(b) consumption on
premises
include provision for carry out
in accordance with Sec 6-8
carry out provisions 2-b
Outdated and very low, not Recommend "not review all fines
Sec 6-4 "fine not to exceed $100
likely a deterent exceeding $1,000 and fees 2-b
"from a non-glass
metal can or non-glass
Sec 6-8(a)
and 25.4 fluid ounces
Simplify container with capacity of
18 fluid ounces or less
2-b
terms not defined and ID not
definitions and checking consistently checked. why is Define terms and clarify
6-8(e)
ID for all sales this Section included? Does it intent of provision. 2-b
reflect a State statute?
Sec 6-49(c ) delegate to city manager not best practice to delegate Delete 2-b
Rename "Emergency
Management" which
speaks more to emergency
Chapter Heading Disaster Recovery
management
parallels the Emergency
Operating Plan and
2-b
functional titles
Why both definitions?

Sec 18-1 Emergency Management defined here and Sec 18-2
Eliminate one of them 2-b
emergency response EOP specifies emergency
Sec 18-1
unit response function
conform to EOP 2-b
change to Emergency
director emergency
Sec 18-3(b)
management
name not used Management Coordinator 2-b
to align with EOP

10-25-17
A?orney
comments
"non-emergency Why included when spelled
Sec 18-5
periods" out in Charter?
Delete 2-b
No document was filed for
Sec 18-6(a)(2)a Continuance Hurricane Matthew - not
"local" emergency?
Clarify 2-b
Outline succession plan
Sec 18-6(a)(3) Effect of declaration No succession plan and chain of command in 2-b
EOP
Sec 18-6(a)(6)h "Specialists" not defined Clarify or delete 2-b
Refresh signs and reduce
Use of municipal Too many signs posted at number of signs, place
Sec. 12-1
beaches.... crosswalks full ordinance at a few 2-b
key locations (pier)
Add specific language

Certified guide dogs are
specifying only certified
Sec 12-1(a)(4) Pets allowed, but many people now
trained guide dogs, not 2-b
brining "comfort" dogs
comfort dogs.
Designate specific areas

Surfboarding and fishing
of the beach away from
Sec 12-1(a)(9) permitted only in
designated areas
No areas are designated
those areas people 2-b
congregate
..disoobey any Delete reasonable and add Change reasonable to
Sec 12-1(a)(10)
reasonable command "lawful" lawful 2-b
Delete or rename with
Sec 12-1(a)(13) Beer kegs Why is this section hre?
last sentence 2-b
Sec 12-1(a)(16) Bathing in rest rooms Redundancy Delete first sentence 2-b
10-25-17
A?orney
comments
Obstruction and
Sec 12-1(a)(19)
equipment
Specify "overnight" Add "overnight" 2-b
Consider revising
Why different penalties and
Sec 12-1(d-g) Penalties
how do they compare?
penalties and pulling out
of Code
2-b
Revise and conform fines
Why this fine and
Violations for shark and penalties, stating
Sec 12-2(b)
fishing
imprisonment or community
service?
minimums which the 2-b
Judge must maintain.
There is no municipal boat
Sec 12-28(a)(1) ...municipal boat ramp..
ramp
Delete or define Alley 3? 2-b
conform fines for
residential properties to counsel review
Sec 26-5 False alarms no fine specified
those for commercial and Fire Chief 2-b
properties
delete this section or
reword to capture intent.
Identification of propane not currently done, impossible counsel review
Sec 26-6(a-c)
tanks to enforce against vendors
Chief Fields would like a
and Fire Chief 2-b
residential inventory if
possible.
Delete or at least change counsel review
Sec 26-36 Office of chief created Why this section?
"appointed" to "hired" and Fire Chief 2-b
Reverse these two
Sec 26-41(a-c) Sections look reordered,
Sections Recommend flat counsel review
and Sec 26-42(a- Fire subscription rates
c)
talking of fees before talking
about who pays them
fee specified annually, not and Fire Chief 2-b
tied to CPI.
Does this refer to this

Adoption "Fire counsel review
Sec 26-69
Prevention Code"
Chapter? There is no other Clarify
and Fire Chief 2-b
Fire Prevention Code.

10-25-17
A?orney
comments
See above - what is the Fire counsel review
Sec 26-70 Fire Prevention Code
Prevention Code?
Clarify
and Fire Chief 2-b
Recommend establishing
fee schedule updated
Sec 32-2 Admin court costs Seems low at $100
annually and approved by 2-b
Council at budget review
2
Sec 38-4 Technology fee Seems low at $20 Same as above -
b
2-b
Recommend establishing
fee schedule outside Code
Sec 54-5(b)(1) Fine not less $100 Seems low
and allow Section 1-8 to 2-b
govern all violations.
Recommend Council 2
Several, including undefined
Sec 66-2 Skateboards regulated
terms and lack of clarity
review this ordinance in - 2-b
its entirety b
2
Recommend Council
Sec 66-8 Motorized carts Not at all enforced
review of ordinance
-
b
2-b
Ordinance of 2005 seems out
Review ordinance for
Article VI Pedicabs of date given there are no
Pedicabs in operation
relevance 2-b
Homestead exemp0on of
Seems high given goal of
Consider lowering the 2
Sec 58-33(b)
$80,000
Master Plan for more aordable
assessed value 2-b
housing -
Removing all fee, tax, and
Remove and update fee 2
Sec 58-71 Tax schedule
penalty schedules from Code
schedule annually during 2-b
budget hearings. -

10-25-17
A?orney
comments
Payment dates and 2

Sec 58-72
wholesale regula0ons
Process not audited Consider audi0ng process 2-b
-
add language regarding 2
Sec 10-3(b) dogs on beach dogs prohibited on beach ADA service dogs and 2-b
comfort dogs -
animals transported by
requires restraint, which is 2
Sec 10-15
vehicle
never enforced, in cars, trucks, Delete sec0on 2-b
golf carts -
City has power to Power is granted
condemn property, How are we able to condemn through our
Charter 1.13 (5) inside or outside the property that is not within our Refer to council charter to the
corporate limits of the city limits city - do not want
city to remove
there are no sanitary
Sec 6-11(f) sanitary regquirements Leave in case future use
requirements established
Add to Fee & Fine
Sec 62-2(a) Fees Remove fees from Code
Schedule 2-b
add "compliance violation
Does not include compliance
Sec 70-25(c) Water shortage defined
violation
with State withdrawal 2-b
limits"
Sec70-33 Fee schedule remove
Schedule 2-b
Sec 70-37(a) fee remove
Schedule 2-b
Sec 70-37(g) fee remove place on Schedule of Fees 2-b
Sec 70-38(b) fee remove place on Schedule of Fees 2-b

10-25-17
A?orney
comments
Sec 70-44 fee remove place on Schedule of Fees 2-b

Clarify and either confirm
Article V Sec70- Is it appropriate to place in
Identity Theft Prevention Section70 is appropriate
131 through70-
Program
Utilities or should it be in
or move to more 2-b
166 another Section?
appropriate Section.

10-25-17
5. Recommendations by Code - Redlined Text
Version 9-14-16 reviewed with Bubba Hughes
PART I - CHARTER

Footnotes:
--- (1) ---
Editor's notePrinted herein is the city's Charter, being 1995 Ga. Laws (Act No. 436), page 4462.
Amendments to the Charter are indicated by parenthetical history notes following amended provisions.
The absence of a history note indicates that the provision remains unchanged from the original. Obvious
misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings
and catchlines has been used. Additions made for clarity are indicated by brackets.

ARTICLE I. - INCORPORATION AND POWERS
Sec. 1.10. - Name.
This city and the inhabitants thereof are reincorporated by the enactment of this Charter and are
hereby constituted and declared a body politic and corporate under the name and style City of Tybee
Island, Georgia, and by that name shall have perpetual succession.
Sec. 1.11. - Corporate Boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter
with such alterations as may be made from time to time in the manner provided by law. The
boundaries of this city at all times shall be shown on a map, a written description, or any combination
thereof, to be retained permanently in the office of the clerk of council and to be designated, as the
case may be: "Official Map (or Description) of the corporate limits of the City of Tybee Island,
Georgia." Photographic, typed, or other copies of such maps or descriptions certified by the clerk of
council shall be admitted as evidence in all courts and shall have the same force and effect as with
the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful
changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map
or maps which it is designated to replace.
Sec. 1.12. - Powers and Construction.
Georgia variously referred to as state, State of Georgia, this state
(a) This city shall have all powers possible for a city to have under the present or future constitution and
laws of this state as fully and completely as though they were specifically enumerated in this
charter. This city shall have all the powers of self-government not otherwise prohibited by this charter
or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure
to mention particular powers shall not be construed as limiting in any way the powers of this city.
Sec. 1.13. - Examples of Powers.
Page 1
The city is authorized:

(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of
animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or
lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and
fowl when not redeemed as provided by ordinance; and to provide punishment for violation of
ordinances enacted pursuant to this paragraph;
(2) Appropriations and expenditures. To make appropriations for the support of the government of
the city; to authorize the expenditure of money for any purposes authorized by this charter and
for any purpose for which a municipality is authorized by the laws of the State of Georgia; and
to provide for the payment of expenses of the city;
(3) Building regulation. To regulate and to license the erection and construction of buildings and all
other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air
conditioning codes; and to regulate all housing and building trades;
(4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and
taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official
Code of Georgia Annotated [O.C.G.A. 48-1-1 et seq.], or other such applicable laws as are or
may hereafter be enacted; to permit and regulate the same; to provide for the manner and
method of payment of such regulatory fees and taxes; and to revoke such permits after due
process for failure to pay any city taxes or fees;
(5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for
present or future use and for any corporate purpose deemed necessary by the governing
authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated
[O.C.G.A. 22-1-1 et seq.], or such other applicable laws as are or may hereafter be enacted;
(6) Contracts. To enter into contracts and agreements with other governmental entities and with
private persons, firms, and corporations;
(7) Emergencies. To establish procedures for determining and proclaiming that an emergency
situation exists within or outside the city, and to make and carry out all reasonable provisions
deemed necessary to deal with or meet such an emergency for the protection, safety, health, or
well-being of the citizens of the city;
(8) Environmental protection. To protect and preserve the natural resources, environment, and vital
areas of the state through the preservation and improvement of air quality, the restoration and
maintenance of water resources, the control of erosion and sedimentation, the management of
solid and hazardous waste, and other necessary actions for the protection of the environment;
unsure what is meant by fire limits, perhaps change to districts
(9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or
restrict the same; to prescribe fire safety regulations, not inconsistent with general law, relating
to both fire prevention and detection and to fire fighting; and to prescribe penalties and
punishment for violations thereof;
(10) Garbage fee. To levy, fix, assess, and collect a garbage, refuse, trash collection and disposal,
and other sanitary service charge, tax, or fee for such services as may be necessary in the
operation of the city from all individuals, firms, and corporations residing in or doing business
therein benefiting from such services; to enforce the payment of such charges, taxes, or fees;
and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct,
or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of
the inhabitants of the city, and to provide for the enforcement of such standards;
Page 2
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose
related to powers and duties of the city and the general welfare of its citizens, on such terms
and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the
enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out
such sentences in any public works or on the streets, roads, drains, and other public property in
the city; to provide for commitment of such persons to any jail; or to provide for commitment of
such persons to any county work camp or county jail by agreement with the appropriate county
officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic,
including parking upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards,
offices, commissions, and agencies of the city; and to confer upon such agencies the necessary
and appropriate authority for carrying out all the powers conferred upon or delegated to the
same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to
issue bonds for the purpose of raising revenue to carry out any project, program, or venture
authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any
real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate
limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and
equipment of the city and the administration and use of same by the public; and to prescribe
penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public
utilities, including but not limited to a system of waterworks, sewers and drains, sewage
disposal, gas works, electric light plants, cable television and other telecommunications,
transportation facilities, public airports, and any other public utility; and to fix the taxes, charges,
rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of
service for refusal to pay the same;
(21) Nuisance. To define a nuisance and provide for its abatement whether on public or private
property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority
of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning; and
to provide subdivision regulation and the like as the city council deems necessary and
reasonable to insure a safe, healthy, and aesthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed policemen,
and to establish, operate, or contract for a police and fire fighting agency;
(25) Public hazards: removal. To provide for the destruction and removal of any building or other
structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and
maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets
and market houses, public buildings, libraries, public housing, airports, hospitals, terminals,
docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport,
curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to
provide any other public improvements, inside or outside the corporate limits of the city; to
Page 3
regulate the use of public improvements; and for such purposes, property may be acquired by
condemnation under Title 22 of the Official Code of Georgia Annotated [O.C.G.A. 22-1-1 et
seq.], or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public
disturbances;
(28) Public transportation. To organize and operate such public transportation systems as are
deemed beneficial;
(29) Public utilities and services. To grant franchises, make contracts for, or impose taxes on public
utilities and public service companies; and to prescribe the rates, fares, regulations, and
standards and conditions of service applicable to the service to be provided by the franchise
grantee or contractor, insofar as not in conflict with valid regulations of the Public Service
Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and
maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other
structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within
view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and
punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement or pension plan for officers and employees of
the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon
or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain,
repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate
limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and
over the bridges and viaducts for the use of public utilities; and to require real estate owners to
repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose
penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,
constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and
sewerage system, and to levy on those to whom sewers and sewerage systems are made
available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to
provide for the manner and method of collecting such service charges and for enforcing
payment of the same; and to charge, impose, and collect a sewer connection fee or fees to
those connected with the system;
Tybee no longer provides for recycling of glass; change to provide for the separate collection
of recyclable materials
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse
by others; and to provide for the separate collection of glass, tin, aluminum, cardboard,
paper, and other recyclable materials; and to provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the
manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to
regulate the transportation, storage, and use of combustible, explosive, and inflammable
materials, the use of lighting and heating equipment, and any other business or situation which
may be dangerous to persons or property; to regulate and control the conduct of peddlers and
itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or
otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult
bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the
costs for any public improvements;
Page 4
(37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and
collection of taxes on all property subject to taxation;
(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by
law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of
such vehicles; to require the operators thereof to be licensed; to require public liability insurance
on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of
such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program;
No such ordinances exist; determine if requirement is valid or should be removed
(41) Lifeguards. To enact appropriate ordinances to require hotels, motels, bathhouse

proprietors, rooming houses, and other like or similar commercial establishments within
the city which cater to the public to furnish lifeguards for the bathing beaches or
swimming pools, or both, so as to provide safety and protection to bathers;
Does it make sense to continue to reference the seawall which is no longer visible -- also
"prevention, and control should read erosion prevention and for control; maintain citys
interest in 18 feet abutting
(42) Beach protection. To provide for the maintenance and repair of the seawall and groins, as
well as the prevention and control of beach and sand dune erosion through the utilization of
either city, county, state, or federal funds; and the council shall continue to have the authority to
deed, transfer, and quitclaim by resolution all of the right, title, and interest of the city in and to
that portion of the beach formerly known as the "strand" which abuts the property of
such property owner eastwardly to within 18 feet of the seawall, provided that the city and
the said property owner shall not utilize the 18 foot area abutting on the seawall and the land so
deeded except for the purposes of repair, maintenance, prevention, and control of the
seawall, groins, beaches, and sand dunes;
(43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and
immunities necessary or desirable to promote or protect the safety, health, peace, security,
good order, comfort, convenience, or general welfare of the city and its inhabitants; and to
exercise all implied powers necessary or desirable to carry into execution all powers granted in
this charter as fully and completely as if such powers were fully stated in this charter; and to
exercise all powers now or in the future authorized to be exercised by other municipal
governments under other laws of the State of Georgia; and no listing of particular powers in this
charter shall be held to be exclusive of others, nor restrictive of general words and phrases
granting powers, but shall be held to be in addition to such powers unless expressly prohibited
to municipalities under the constitution or applicable laws of the State of Georgia; and
Inconsistent with reality remove reference to C-1?
(44) Property rights. To grant easements and rights-of-way, sell, transfer, lease, and otherwise
dispose of property rights over public streets, lanes, alleys, sidewalks, and other properties of
the city on such terms and conditions and for such lengths of time as the council of the city may
deem proper, provided that such transfers may not be granted without the written consent of the
owners on either side of the streets, lanes, alleys, and sidewalks; provided, further, that such
transfers may not be granted without clear and adequate compensation being paid to the city for
the transfer and further provided such transfers may only be made in areas of the city
zoned C-1.
Sec. 1.14. - Exercise of Powers.
Page 5
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or
employees shall be carried into execution by this charter. If this charter makes no provision, such shall be
carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II. - GOVERNMENT STRUCTURE LEGISLATIVE BRANCH
Sec. 2.10. - Council Creation; Numbers; Election.
The legislative authority of the government of this city, except as otherwise specifically provided in
this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The city
council established shall in all respects be a successor to and continuation of the governing authority
under prior law. The mayor and councilmembers shall be elected in the manner provided by general law
and this charter.
Sec. 2.11. - Council Terms and Qualifications for Office.
The members of the city council shall serve for terms of four years and until their respective
successors are elected and qualified, except as otherwise provided by Section 5.12 of this charter. No
person shall be eligible to serve as mayor or councilmember unless that person shall have been a
resident of the city for 12 months prior to the date of election of the mayor and members of the council
and each shall continue to reside therein during that period of service and to be registered and qualified
to vote in municipal elections of this city.
(H.B. 629 of 2009, 1)
Editor's note The amendment of 2.11 was approved by the voters at a referendum held on
Nov. 2, 2010)
Sec. 2.12. - Vacancies; Filling of Vacancies.
(a) Vacancies. The office of mayor or councilmember shall be come vacant upon the occurrence of any
event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia
Annotated [O.C.G.A. 45-1-1 et seq.], or such other applicable laws as are or may hereafter be
enacted.
(b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the
remainder of the unexpired term, if any, by appointment as provided in Section 5.18 of this charter.
Sec. 2.13. - Compensation and Expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as
provided by ordinance.
Sec. 2.14. - Holding Other Office; Voting When Financially Interested.
(a) Elected and appointed officials of the city are trustees and servants of the residents of the city and
shall act in a fiduciary capacity for the benefit of such residents.
(b) Except as authorized by law, the mayor or any council member shall not hold any other city office or
city employment during the term for which that person was elected.
(c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance,
resolution, contract, or other matter in which that person is financially interested.
Sec. 2.15. - Inquiries and Investigations.
Page 6
Following the adoption of an authorizing resolution, the city council may make inquiries and
investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and
for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of
evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers
by the city council shall be punished as provided by ordinance.
Sec. 2.16. - General Power and Authority of the Council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the
powers of government of this city.
Sec. 2.17. - Eminent Domain.
The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public
grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage
treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational,
recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and
facilities, and any other public improvements inside or outside the city, and to regulate the use thereof,
and for such purposes, property may be condemned under procedures established under general law
applicable now or as provided in the future.
Sec. 2.18. - Organizational Meetings.
The city council shall hold an organizational meeting on the first business day in January following
their election. The meeting shall be called to order by the clerk of council and the oath of office shall be
administered to the newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember)
of the City of Tybee Island and that I will support and defined [defend] the charter thereof as well as
the Constitution and laws of the State of Georgia and of the United States of America."
Sec. 2.19. - Regular and Special Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by
ordinance.
No reference to emails, texts or other contemporary methods; redraft to include electronic

communications
(b) Special meetings of the city council may be held on call of the mayor or four members of the city
council. Notice of such special meetings shall be served on all other members personally, or by
telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers
shall not be required if the mayor and all councilmembers are present when the special meeting is
called. Such notice of any special meeting may be waived by a councilmember in writing before or
after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any
business transacted in such councilmember's presence. Only the business stated in the call may be
transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of
special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1
of the Official Code of Georgia Annotated [O.C.G.A. 50-14-1], or other such applicable laws as are
or may hereafter be enacted.
Sec. 2.20. - Rules of Procedure.
(a) The city shall adopt its rules of procedure and order of business consistent with the provisions of this
charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
Page 7
Unclear if this means the committee members are appointed or the committees themselves
are appointed; clarify intent and perhaps insert and members of the committees in first
sentence
(b) All committees of the city council shall be appointed by the mayor and shall serve at the
pleasure of the mayor and council. The mayor shall have the power to appoint new members to any
committee at any time with the approval of the council.
Sec. 2.21. - Quorum; Voting.
Three councilmembers shall constitute a quorum and shall be authorized to transact business of the
city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in
the journal, but any member of the city council shall have the right to request a roll-call vote and such vote
shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a
majority of councilmembers present, provided a quorum exists, shall be required for the adoption of any
ordinance, resolution, or motion or for any action by council. An abstention shall be counted as an
affirmative vote. The mayor may not vote on any matter before the council for determination except, in the
event of a tie vote of council, the mayor will be required to vote on the matter then under consideration in
order to break the tie vote of the council, and in such event of a tie, the mayor may not abstain or refrain
from voting unless legally disqualified.
Sec. 2.22. - Ordinance Form; Procedures.
Charter says "It is hereby ordained", we sometimes say "be it ordained". Choose one or the
other and conform ordinances.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption.
No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be
"It is hereby ordained by the governing authority of the City of Tybee Island" and every
ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting
of the city council. Ordinances shall be considered and adopted or rejected by the city council in
accordance with the rules which it shall establish; provided, however, an ordinance shall not be
adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of
this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy
to the mayor and to each councilmember and shall file a reasonable number of copies in the office of
the clerk and at such other public places as the city council may designate.
Sec. 2.23. - Action Requiring An Ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Sec. 2.24. - Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may
convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance,
but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate
charged by any public utility for its services; or authorize the borrowing of money except for loans to
be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for
ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall
contain, after the enacting clause, a declaration stating that an emergency exists, and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted, with or without
amendment, or rejected at a meeting at which it is introduced, but the affirmative vote of at least
three councilmembers shall be required for adoption. It shall become effective upon adoption or at
Page 8
such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent reenactment of the
ordinance in the manner specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified
in this section for adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of
emergency meetings shall be made as fully as is reasonably possible in accordance with Code
Section 51-14-1 of the Official Code of Georgia Annotated [O.C.G.A. 51-14-1], or such other
applicable laws as are or may hereafter be [enacted.]
Sec. 2.25. - Codes of Technical Regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an
adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as
prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section
2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include
copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of
each adopted code of technical regulations, as well as the adopting ordinance, shall be
authenticated and recorded by the clerk pursuant to Section 2.26 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for
inspection by the public.
Sec. 2.26. - Signing, Authenticating; Recording; Codification; Printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept
for that purpose all ordinances adopted by the council.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the
city having the force and effect of law. The general codification shall be adopted by the city council
by ordinance and shall be published promptly, together with all amendments thereto and such codes
of technical regulations and other rules and regulations as the city council may specify. This
compilation shall be known and cited officially as "The Code of the City of Tybee Island, Georgia."
Copies of the code shall be furnished to all officers, departments, and agencies of the city and made
available for purchase by the public at a reasonable price as fixed by the city council.
No reference to emails, texts or other contemporary methods
(c) The city council shall cause each ordinance and each amendment to this charter to be printed
promptly following its adoption, and the printed ordinances and charter amendments shall be made
available for purchase by the public at reasonable prices to be fixed by the city council. Following
publication of the first code under this charter and at all times thereafter, the ordinances and charter
amendments shall be printed in substantially the same style as the code currently in effect and shall
be suitable in form for incorporation therein. The city council shall make such further arrangements
as deemed desirable with reproduction and distribution of any current changes in or additions to
codes of technical regulations and other rules and regulations include[d] in the code.
Sec. 2.27. - Manager; Appointment; Qualifications; Compensation.
The city council shall appoint a city manager for an indefinite term and shall fix the manager's
compensation. The manager shall be appointed solely on the basis of executive and administrative
qualifications.
Sec. 2.28. - Removal of Manager.
The city manager is employed at will and may be summarily removed from office at any time by the
city council.
Page 9
Sec. 2.29. - Acting Manager.
Section doesn't specify length of absence before requiring a letter to be filed with the clerk of
council. Clarify that an email to council will suffice for shorter periods of absence
By letter filed with the clerk of council, the manager shall designate, subject to approval by the city
council, a qualified city administrative officer to exercise the powers and perform the duties of manager
during the manager's temporary absence or physical or mental disability. During such absence or
disability, the city council may revoke such designation at any time and appoint another officer of the city
to serve until the manager shall return or the manager's disability shall cease.
Sec. 2.30. - Powers and Duties of the Manager.
The city manager shall be the chief executive and administrative officer of the city. The manager
shall be responsible to the city council for the administration of all city affairs placed in the manager's
charge by or under this charter. As the chief executive and administrative officer, the manager shall:
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove
all city employees and administrative officers the manager appoints, except as otherwise
provided by law or personnel ordinances adopted pursuant to this charter. The manager may
authorize any administrative officer who is subject to the manager's direction and supervision to
exercise these powers with respect to subordinates in that officer's department, office, or
agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the city,
except as otherwise provided by this charter or by law;
(3) Attend all city council meetings except for closed meetings held for the purposes of deliberating
on the appointment, discipline, or removal of the city manager and have the right to take part in
discussion but not vote;
(4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement
by the manager or by officers subject to the manager's direction and supervision, are faithfully
executed;
(5) Prepare and submit the annual operating budget and capital budget to the city council;
(6) Submit to the city council and make available to the public a complete report on the finances
and administrative activities of the city as of the end of each fiscal year;
(7) Make such other reports as the city council may require concerning the operations of city
departments, offices, and agencies subject to the manager's direction and supervision;
(8) Keep the city council fully advised as to the financial condition and future needs of the city and
make such recommendations to the city council concerning the affairs of the city as the
manager deems desirable; and
(9) Perform other such duties as are specified in this charter or as may be required by the city
council.
Sec. 2.31. - Council Interference with Administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city
council or its members shall deal with city officers and employees who are subject to the direction and
supervision of the manager solely through the manager, and neither the city council nor its members shall
give orders to any such officer or employee, either publicly or privately.
Sec. 2.32. - Powers and Duties of Mayor.
The mayor shall:
Page 10
(1) Preside at all meetings of the city council;

(2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and
be the official spokesperson for the city and the chief advocate of policy;
(3) Have the power to administer oaths and to take affidavits; and
(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances,
and other instruments executed by the city which by law are required to be in writing.
Sec. 2.33. - Selection and Powers and Duties of Mayor Pro Tem.
At the first regular meeting of the city council following the regular election of a mayor and council,
the council shall select one of its members as mayor pro tem. During the absence or physical or mental
disability of the mayor for any cause, the mayor pro tem, or in the mayor pro tem's absence or disability
for any reason, anyone of the councilmembers chosen by a majority vote of the city council, shall be
clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the
mayor so long as such absence or disability shall continue. Any such absence or disability shall be
declared by a majority vote of all councilmembers. The mayor pro tem or selected council member shall
sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in
Section 2.14 of this charter.
ARTICLE III. - ADMINISTRATIVE AFFAIRS
Clarify what is meant to be specified by ordinance. Comp plan is part of annual budget
Sec. 3.10. - Administrative and Service Departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the
functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices,
positions of employment, departments, and agencies of the city, as necessary for the proper
administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other
appointed officers of the city shall be appointed solely on the basis of their respective administrative
and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as
prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each
director shall, subject to the direction and supervision of the city manager, be responsible for the
administration and direction of the affairs and operations of that director's department or agency.
(e) All appointive officers and directors under the supervision of the city manager shall be nominated by
the city manager with confirmation of appointment by the city council. All appointive officers and
directors shall be employees at will and subject to removal or suspension at any time by the city
manager unless otherwise provided by law or ordinance.
Sec. 3.11. - Boards, Commissions, and Authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any
investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall
by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council
for such terms of office and in such manner as shall be provided by ordinance, except where other
appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
Page 11
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and
necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or
authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in
the manner prescribed in this section for original appointment, except as otherwise provided by this
charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed
and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially
perform the duties of that member's office, such oath to be prescribed by ordinance and
administered by the mayor.
(g) All board members serve at will and may be removed at any time by a vote of a simple majority of
the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the
city shall elect one of its members as chair and one member as vice chair and may elect as its
secretary one of its own members or may appoint as secretary an employee of the city. Each board,
commission, or authority of the city government may establish such bylaws, rules, and regulations,
not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and
necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules,
and regulations shall be filed with the clerk of the city.
Sec. 3.12. - Attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be
authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the
city. The city attorney shall be responsible for providing for the representation and defense of the city in
all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend
the meetings of the council as directed; shall advise the city council, mayor, and other officers and
employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as
may be required by virtue of the person's position as city attorney.
Sec. 3.13. - Clerk/Clerk of Council.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be
custodian of the official city seal and city records, maintain city council records required by this charter,
and perform such other duties as may be required by the city council. The terms "city clerk" and "clerk of
council" shall by synonymous.
Sec. 3.14. - Position Classification and Pay Plans.
unclear if this means all or not, or not all are
The city manager shall be responsible for the preparation of a position classification and pay plan
which shall be submitted to the city council for approval. Such plan may apply to all employees of the city
and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been
adopted, the city council shall not increase or decrease the salary range applicable to any position except
by amendment of such pay plan. For purposes of this section, all elected and appointed city officials
are not city employees.
Sec. 3.15. - Personnel Policies.
All employees serve at will and may be removed from office at any time unless otherwise provided
by ordinance.
Page 12
ARTICLE IV. - JUDICIAL BRANCH
Sec. 4.10. - Creation; Name.
Determine if caps are to be used or not and be consistent in usage
There shall be a court to be known as the Municipal Court of the City of Tybee Island.
Sec. 4.11. - Chief Judge; Associate Judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or
standby judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that
person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and
shall possess all qualifications required by law. All judges shall be appointed by the city council and
shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
Georgia state bill HB 691 effective July 1,2016 municipal judges appointed for minimum 1
year term. Change ordinance to reflect new State bill
(d) Judges serve at will and may be removed from office at any time by the city council unless
otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, or his or her designee,
that the judge will honestly and faithfully discharge the duties of the office to the best of that person's
ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city
council journal required in Section 2.20 of this charter.
Sec. 4.12. - Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.

Sec. 4.13. - Jurisdiction; Powers.
(a) The municipal court shall try and punish violators of this charter, all city ordinances, and such other
violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that
such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of
$1,000.00 or imprisonment for 12 months or both such fine and imprisonment or may fix punishment
by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of
operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking
of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of
those charged with violations before said court and shall have discretionary authority to accept cash
or personal or real property as surety for the appearance of persons charged with violations.
Whenever any person shall give bail for that person's appearance and shall fail to appear at the time
fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued
Page 13
thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days
before a hearing on a rule nisi. In the event that cash or property is accepted in lieu of bond for
security for the appearance of a defendant at trial, and if such defendant fails to appear at the time
and place fixed for trail, the cash so deposited shall be on order of the judge declared forfeited to the
city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be
enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of
evidence in the possession of any party; to enforce obedience to its orders, judgments, and
sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each
case by the issuance of summonses, subpoenas, and warrants which may be served as executed by
any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons
charged with offenses against any ordinance of the city, and each judge of the municipal court shall
have the same authority as a magistrate of the state to issue warrants for offenses against state laws
committed within the city.
Sec. 4.14. - Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal
cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge
of the Superior Court of Chatham County under the laws of the State of Georgia regulating the granting
and issuance of writs of certiorari.
Sec. 4.15. - Rules of the Court.
The judge of the municipal court shall have the full power and authority to make reasonable rules
and regulations necessary and proper to secure the efficient and successful administration of the
municipal court. Any rules which may be adopted by the Court shall be available for public inspection and
upon request a copy shall be furnished to all defendants in municipal proceedings at least 48 hours prior
to said proceedings.
(Ord. of 12-11-2008(1))
ARTICLE V. - ELECTIONS AND REMOVAL
Sec. 5.10. - Applicability of General Law.
All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the Official
Code of Georgia Annotated [O.C.G.A. 21-2-1 et seq.], the "Georgia Municipal Election Code," as now or
hereafter amended.
Sec. 5.11. - Regular Elections; Time for Holding.
Mayor is four year term and council members elections are now staggered
In odd-numbered years, on the Tuesday next following the first Monday in November, and biennially
thereafter, a regular election shall be held in the City of Tybee Island at the city hall or at such other place
or places as the city council may designate for the election of a mayor and six councilmembers, who
shall have the qualifications specified in this charter to hold such office. An incumbent mayor or
incumbent councilmember who shall qualify as a candidate and meet the qualifications to hold such office
Page 14
may be a candidate to succeed himself or herself for such office or for office as a member of the city
council.
Sec. 5.12. - Continuation in Office of Mayor and Councilmembers; Commencing Terms.
The mayor and six councilmembers elected at the general municipal election in November, 2009,
shall serve for and during the two-year terms for which they were elected and until their successors are
elected and qualified. Of those six persons elected as councilmembers at the general municipal election
in 2011, the three elected councilmembers who received the least number of votes shall serve for terms
of two years each and until their successors are elected and qualified; and the three other
councilmembers and mayor elected at the general municipal election in 2011 shall serve for terms of four
years each and until their successors are elected and qualified; and all shall take office on the first day of
January following their elections. Thereafter, all successors to the mayor and six councilmembers shall
serve for terms of four years each and until their successors are elected and qualified, and all shall take
office on the first day of January following their elections.
(H.B. 629 of 2009, 2)
Editor's note The amendment of 2.11 was approved by the voters at a referendum held on
Nov. 2, 2010)
Sec. 5.13. - Nonpartisan Elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices
shall be listed without party designations and no political party shall conduct primaries for the purpose of
nominating candidates for such municipal elections.
Sec. 5.14. - Election of Mayor By Plurality.
The person receiving a plurality of the votes cast for the office of mayor shall be elected.
Sec. 5.15. - Run-off Election.
In the event of a tie vote in any election between two or more candidates for any office, whether
mayor or councilmember, a new election between only the candidates thus tied in number of votes for the
particular office shall be ordered held by the council in accordance with the provisions of Code Section
21-3-40 of the Official Code of Georgia Annotated [O.C.G.A. 21-2-1 et seq.] and the person who shall
receive the highest number of votes cast in the second or run-off election for each office shall be declared
to have been duly elected to the office.
Sec. 5.16. - Times of Qualifying of Candidates.
Qualification of candidates for municipal office shall begin no later than the forty-fifth day before the
general election and shall close no later than the thirtieth day before the general election, and shall begin
no later than the thirtieth day before a special election and shall close no later than the tenth day before
such special election. The times of beginning and ending qualification of candidates shall be consistent
with the normal operating hours of the city hall.
Sec. 5.17. - Nondesignation of Specific Office By Candidate; Highest Vote Elects.
specific office language is unclear as to meaning; only three, not six candidates are elected at
a time
A candidate seeking one of two or more public offices each having the same title and to be
filled at the same election by the vote of the same electors shall not designate the specific office
Page 15
he or she is seeking. The six candidates for city council receiving the highest number of lawful
votes cast shall be elected as the six councilmembers of the City of Tybee Island.
Sec. 5.18. - Filling Vacancy in Office of Mayor or Councilmembers.
Should, during the term of office to which elected, the mayor or any councilmember die, resign,
remove or change residence beyond the city limits of the municipality, or otherwise fail to meet all of the
qualifications prescribed in this charter for the particular office held at the time, the office of such person
shall thereby become, and thereupon be declared, vacant; and in case of vacancy in the office of mayor
or of any councilmember from any cause whatsoever other than expiration of the term of office, the mayor
and remaining members of the council, or the remaining members of the council, as the case may be,
shall elect within 30 days after the vacancy occurs a qualified person to fill the vacant office; provided,
however, the person so elected to fill the vacancy shall be possessed of each and every of the
qualifications required and prescribed by this charter for a candidate seeking election to the office to be
filled; provided, further, such person so elected to fill a vacancy shall serve only for the remainder of the
unexpired term of the vacant office which he or she is elected to fill.
Sec. 5.19. - Other Provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such
rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21
of the Official Code of Georgia Annotated, the "Georgia Municipal Election Code" [O.C.G.A. 21-2-1 et
seq.].
Sec. 5.20. - Removal of Officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed
from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia
Annotated [O.C.G.A. 45-2-1 et seq.] or such other applicable laws as are or may hereafter be
enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished in one of the
following methods:
unclear as to how this impartial panel is selected
(1) Following a hearing at which an impartial panel shall render a decision. In the event an
elected officer is sought to be removed by action of the city council, such officer shall be entitled
to a written notice specifying the ground or grounds for removal and to a public hearing which
shall be held not less than ten days after the service of such written notice. The city council shall
provide by ordinance for the manner in which such hearings shall be held. Any elected officer
sought to be removed from office as provided in this paragraph shall have the right of appeal
from the decision of the city council to the Superior Court of Chatham County. Such appeal shall
be governed by the same rules as govern appeals to the superior court from the probate court;
or
(2) By an order of the Superior Court of Chatham County following a hearing on a complaint
seeking such removal brought by any resident of the City of Tybee Island.
ARTICLE VI. - FINANCE
Sec. 6.10. - Property Tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property
within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for
Page 16
the purpose of raising revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general obligations, and for any
other public purpose as determined by the city council in its discretion.
Sec. 6.11. - Millage Rate; Due Dates; Payment Methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and
the time period within which these taxes must be paid. The city council, by ordinance, may provide for the
payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of
taxes prior to the time when due.
Sec. 6.12. - Property Tax; Special.
The city council shall have the power to levy, impose, and collect in addition to the mills otherwise
provided by law, a special tax on the total value of the assessment of all real and personal property within
the city for purposes of construction, maintenance, and repair of the following:
(1) Seawalls and groins;
(2) Beach erosion;
(3) Street paving;
(4) Collection and disposal of garbage; and
(5) Sewage and pollution.
Such special tax shall not be imposed for longer than one fiscal year at a time, but may be renewed
annually if so required, and shall not exceed a collective total of a maximum of ten mills whether imposed
for one, for more than one, or for all five of the specific purposes stated. In all cases where it shall be
necessary to levy a special additional tax for any one or more of the purposes stated in this section, the
levy and assessment of the same for each such purpose shall be separately made and collected and all
amounts so collected shall be applied exclusively to said maintenance and expense for which the said tax
is levied and collected.
Sec. 6.13. - Taxes and Licenses for Use of Streets.
initial reference is to streets, sidewalks and lanes, later refers only to streets
The city council shall have full power and authority and is empowered to assess and levy taxes and
licenses for the use of the streets, lanes, and sidewalks of the City of Tybee Island for business
purposes; and no person, firm, or corporation shall have the right to use the streets of the City of Tybee
Island for business purposes without first having obtained the consent and license of the city council of
the City of Tybee Island.
Sec. 6.14. - Parking, Street, and Beach Use Fee.
(a) The city council may provide by ordinance for the imposition and collection of a parking, street, and
beach use fee upon motor vehicles entering the City of Tybee Island. Such ordinance shall not apply
to motor vehicles owned by residents of the city or to motor vehicles owned by persons who own
property within the city. The city council may classify persons, firms, or corporations for the purpose
of the ordinance authorized by this section and may provide for such other exceptions to the
application of such ordinance as may be reasonable or necessary.
(b) The city council may prescribe penalties and punishment for the violation of any ordinance adopted
by the city council pursuant to the authority of this section.
Sec. 6.15. - Occupation and Business Taxes.
Page 17
The city council by ordinance shall have the power to levy such occupation or business taxes as are
not denied by law. The city council may classify businesses, occupations, or professions for purposes of
such taxation in any way which may be lawful and may compel the payment of such taxes as provided in
Section 6.21 of this charter.
Sec. 6.16. - Regulatory Fees; Permits.
The city council, by ordinance, shall have the power to require businesses or practitioners doing
business within the city to obtain a permit for such activity from the city and pay a reasonable regulatory
fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of
regulating the activity and, if unpaid, shall be collected as provided in Section 6.21 of this charter.
Sec. 6.17. - Franchises.
(a) The city council shall have the power to grant franchises for the use of the city's streets and alleys for
the purposes of railroads, street railways, telephone companies, electric companies, electric
membership corporations, cable television and other telecommunications companies, gas
companies, transportation companies, and other similar organizations. The city council shall
determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the
consideration for such franchises; provided, however, no franchise shall be granted for a period in
excess of 35 years and no franchise shall be granted unless the city receives just and adequate
compensation therefor. The city council shall provide for the registration of all franchises with the city
clerk in a registration book kept by the clerk. The city council may provide by ordinance for the
registration within a reasonable time of all franchises previously granted.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross
receipts for the use of the city's streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, electric membership corporations, cable television and
other telecommunications companies, gas companies, transportation companies, and other similar
organizations.
Sec. 6.18. - Service Charges.
The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for
sewers, sanitary and health services, or any other services provided or made available within and outside
the corporate limits of the city for the total cost to the city of providing or making available such services. If
unpaid, such charges shall be collected as provided in Section 6.21 of this charter.
Sec. 6.19. - Special Assessments.
The city council, by ordinance, shall have the power to assess and collect the cost[s] of constructing,
reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other
utility mains and appurtenances from the abutting property owners under such terms and conditions as
are reasonable. If unpaid, such charges shall be collected as provided in Section 6.21 of this charter.
Sec. 6.20. - Construction; Other Taxes and Fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the
specific mention of any right, power, or authority in this article shall not be construed as limiting in any
way the general powers of the city to govern its local affairs.
Sec. 6.21. - Collection of Delinquent Taxes and Fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or
other revenue due the city under Sections 6.10 through 6.20 of this charter by whatever reasonable
means as are not precluded by law. This shall include providing for the dates when the taxes or fees are
due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making
delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed;
Page 18
revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer
of tax executions.
Sec. 6.22. - General Obligation Bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out
any project, program, or venture authorized under this charter or the laws of the state. Such bonding
authority shall be exercised in accordance with the laws governing bond issuance by municipalities in
effect at the time said issue is undertaken.
Sec. 6.23. - Revenue Bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such
bonds are to be paid out of any revenue produced by the project, program, or venture for which they were
issued.
Sec. 6.24. - Short-Term Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each
year, unless otherwise provided by law.
Sec. 6.25. - Lease-Purchase Contracts.
The city may enter into multiyear lease, purchase, or lease purchase contracts for the acquisition of
goods, materials, real and personal property, services, and supplies provided the contract terminates
without further obligation on the part of the municipality at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must
be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of
Georgia Annotated [O.C.G.A. 36-60-13], or other such applicable laws as are or may hereafter be
enacted.
Sec. 6.26. - Fiscal Year.
The city council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year
and the year for financial accounting and reporting of each and every office, department, agency, and
activity of the city government.
Sec. 6.27. - Preparation of Budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation
and execution of an annual operating budget, a capital improvement plan, and a capital budget, including
requirements as to the scope, content, and form of such budgets and plans.
Sec. 6.28. - Submission of Operating Budget to Council.
On or before a date fixed by the city council but not later than 30 days prior to the beginning of each
fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing
fiscal year. The budget shall be accompanied by a message from the city manager containing a
statement of the general fiscal policies of the city, the important features of the budget, explanations of
major changes recommended for the next fiscal year, a general summary of the budget, and other
pertinent comments and information. The operating budget and the capital budget hereinafter provided
for, the budget message, and all supporting documents shall be filed in the office of the city clerk and
shall be open to public inspection.
Sec. 6.29. - Action by Council on Budget.
(a) The city council may amend the operating budget proposed by the city manager; except that the
budget as finally amended and adopted must provide for all expenditures required by state law or by
Page 19
other provisions of this charter and for all debt service requirements for the ensuing fiscal year and
the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and
revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not
later than the 30th day of June of each year. If the city council fails to adopt the budget by this date,
the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the
ensuing year on a month-to-month basis, with all items prorated accordingly until such time as the
city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of
an appropriations ordinance setting out the estimated revenues in detail by sources and making
appropriations according to fund and by organizational unit, purpose, or activity, as set out in the
budget preparation ordinance adopted pursuant to Section 6.27 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the
annual appropriation for such, and no expenditure shall be made or encumbrance created in excess
of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is
chargeable.
(Ord. of 12-11-2008(2))
Sec. 6.30. - Tax Levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by
such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be
sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the
total amount appropriated for each of the several funds set forth in the annual operating budget for
defraying the expenses of the general government of the city.
Sec. 6.31. - Changes in Appropriations.
The city council may make changes in the appropriations contained in the current operating budget
at any regular meeting or any special or emergency meeting called for such purpose, but any additional
appropriations may be made only from an existing unexpended surplus.
Sec. 6.32. - Capital Budget.
(a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each
fiscal year, the city manager shall submit to the city council a proposed capital improvements plan
with a recommended capital budget containing the means of financing the improvements proposed
for the ensuing fiscal year. The city council shall have the power to accept, with or without
amendments, or reject the proposed plan and proposed budget. The city council shall not authorize
an expenditure for the construction of any building, structure, work, or improvement unless the
appropriations for such project are included in the capital budget, except to meet a public emergency
as provided in Section 2.24 of this charter.
does this include change orders to capital projects
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later
than the 30th day of June of each year. No appropriation provided for in a capital budget shall lapse
until the purpose for which the appropriation was made shall have been accomplished or
abandoned; provided, however, the city manager may submit amendments to the capital budget
at any time during the fiscal year, accompanied by recommendations. Any such amendments
to the capital budget shall become effective only upon adoption by ordinance.
(Ord. of 12-11-2008(3))
Page 20
Sec. 6.33. - Independent Audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by
a certified public accountant selected by the city council. The audit shall be conducted according to
generally accepted auditing principles. Any audit of any funds by the state or federal governments may be
accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available
at printing costs to the public.
Sec. 6.34. - Contracting Procedures.
No contract with the city shall be binding on the city unless:

(1) It is in writing;
(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is
signed by the city attorney to indicate such drafting or review; and
Determine existence of journal
(3) It is made or authorized by the city council and such approval is entered in the city council
journal of proceedings.
Sec. 6. - 35. Sale and Lease of Property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city
for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes
upon report by the city manager and adoption of a resolution, both finding that the property is not
needed for public or other purposes and that the interest of the city has no readily ascertainable
monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a
small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of
land owned by the city, the city council may authorize the city manager to sell and convey said cut off
or separated parcel or tract of land to an abutting or adjoining property owner or owners where such
sale and conveyance facilities the enjoyment of the highest and best use of the abutting owner's
property. Included in the sales contract shall be a provision for the rights-of-way of said street,
avenue, alley, or public place. Each abutting property owner shall be notified under such terms and
conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed
and delivered shall convey all title and interest the city has in such property, notwithstanding the fact
that no public sale after advertisement was or is hereafter made.
ARTICLE VII. - GENERAL PROVISIONS
Sec. 7.10. - Bonds for Officials.
not aware of the requirement or the bonds. determine need for bonds and provide or
eliminate requirement
The officers and employees of the city, both elective and appointive, shall execute such
surety or fidelity bonds in such amounts and upon such terms and conditions as the city council
shall from time to time require by ordinance or as may be provided by law.
Sec. 7.11. - Prior Ordinances.
Page 21
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this
charter are declared valid and of full effect and force until amended or repealed by the city council.
Sec. 7.12. - Existing Personnel and Officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and
their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of
90 days before or during which the existing city council shall pass a transition ordinance detailing the
changes in personnel and appointive officers required or desired and arranging such titles, rights,
privileges, and powers as may be required or desired to allow a reasonable transition.
Sec. 7.13. - Pending Matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts,
and legal or administrative proceedings shall continue and any such ongoing work or cases shall be
completed by such city agencies, personnel, or offices as may be provided by the city council.
Sec. 7.14. - Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Sec. 7.15. - Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to
be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of
this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the
part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each
article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent
of each other.
Sec. 7.16. - Referendum.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent
of the City of Tybee Island shall call and conduct an election as provided in this section for the purpose of
submitting this Act to the electors of the City of Tybee Island for approval or rejection. The election
superintendent shall conduct that election on the date of the November, 1995, municipal general election
and shall issue the call and conduct that election as provided by general law. The superintendent shall
cause the date and purpose of the election to be published once a week for two weeks immediately
preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed
thereon the words:
"() YES
() NO
Shall the Act be approved which provides a new charter for the City of Tybee Island and which,
among other things, provides for the appointment of a city manager and the adoption of a city
manager form of government?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to
vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are
for approval of the Act, Sections 1.10 through 7.15 and Sections 7.18 and 7.19 shall become of full force
and effect on January 1, 1996. If the Act is not so approved or if the election is not conducted as provided
in this section, the remaining sections of this Act shall not become effective and this Act shall be
automatically repealed on the first day of January immediately following that election date. The expense
Page 22
of such election shall be borne by the City of Tybee Island. It shall be the election superintendent's duty to
certify the result thereof to the Secretary of State.
Sec. 7.17. - Effective Dates.
This section and Section 7.16 of this Act shall become effective immediately upon approval of this
Act by the Governor or upon its becoming law without such approval for the purpose of conducting the
referendum provided for in Section 7.16. The remaining provisions of this Act shall become effective as
provided in Section 7.16.
Sec. 7.18. - Specific Repealer.
An Act incorporating the City of Tybee Island in the County of Chatham, approved February 20, 1970
(Ga. L. 1970, p. 2080), as amended, is repealed in its entirety.
Sec. 7.19. - Repealer.
All other laws and parts of laws in conflict with this Act are hereby repealed.
Page 23
Chapter 1

PART II - CODE OF ORDINANCES
Chapter 1 - GENERAL PROVISIONS

Sec. 1-1. - How Code designated and cited.
Code referred to in a variety of different terms: "the Code", "this Code", "Code of Ordinances"
The ordinances embraced in the following chapters and sections and Appendix A shall
constitute and be designated "The Code of Tybee Island, Georgia," and may be so cited, and may
also be cited as "The Code of the City of Tybee Island, Georgia."
(Code 1970, 1-1; Code 1983, 1-1-1)
terms are confusing "at meaning in but less definitive than in or on"; "past tense includes
present and future"
Sec. 1-2. - Definitions and rules of construction.
In the construction of this Code, and of all ordinances, the following definitions and rules shall be
observed, unless such construction would be inconsistent with the manifest intent of the governing body:
Generally. Ordinary meanings shall be applied to all words, except words of art, or words connected
with a particular trade or subject matter, in which case words shall have the significance attached to them
by experts in such trade or with reference to such subject matter. The definitions of terms found in
generally accepted dictionaries are prima facie evidence of meaning. In making interpretations of
ordinances, the courts shall look diligently for the intent of the city council, as gleaned from the minutes of
meetings reflecting the approval of motions by the city council, recitals found in ordinances and
statements of policy and intent adopted by the council. Grammatical errors shall not vitiate, and
transposition of words and clauses may be resorted to when the sentence or clause is without meaning
as it stands.
Adequate. The term "adequate" means equal to what is required, suitable to the case or occasion,
fully sufficient, proportionate, satisfactory.
All. The term "all" means everyone, or the whole number of particulars.
Also. The term "also" means "in like manner," "likewise," "in addition," "besides," "as well," "further,"
"too."
As soon as possible. The term "as soon as possible" means within a reasonable time, having due
regard to all the circumstances.
At. The term "at" means "in," "near," "within," or "about." Its primary idea is nearness, and it is less
definite than "in" or "on."
Captions, maps, etc. In case of any difference of meaning or implication between the text of this
Code and any caption, illustration, map, chart, summary table, or illustrative table, the text shall control.
City. The term "city" means the City of Tybee Island, Georgia.
Code. The term "Code" means "The Code of Tybee Island, Georgia," as designated in section
1-1.
Page 1

Computation of time. When a period of time measured in days, weeks, months, years, or other
measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any
duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on
Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to
exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a
public and legal holiday as set forth in O.C.G.A. 1-4-1, the party having the privilege or duty shall have
through the next business day to exercise the privilege or to discharge the duty. When the period of time
prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be
excluded in the computation.
Conjunctions. Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either . . . or,"
the conjunction shall be interpreted as follows:
(1) The term "and" indicates that all the connected items, conditions, provisions or events shall
apply.
(2) The term "or" indicates that the connected items, conditions, provisions or events may apply
singularly or in any combination.
(3) The term "either . . . or" indicates that the connected items, conditions, provisions or events
shall apply singularly but not in combination.
Council, city council, governing body, governing authority. The terms "council, " "city council,"
"governing body" and "governing authority" mean the city council of the City of Tybee Island, Georgia.
County. The term "county" means the County of Chatham, Georgia.
Delegation of authority. Unless restricted by state law, whenever a provision appears requiring a city
officer or city employee to do some act, it is to be construed to authorize the officer or employee to
designate, delegate and authorize subordinates to perform the required act.
Department. The term "department" means an administrative department of city government. When
appropriate, the term "department" means the director of the department or the director's designee. A
department is not a legal entity capable of suit.
Educational facility means a structure providing schooling, instruction and training such as a charter
or other school which issues degrees or completion certificates. The facility must be solely used for
educational or related purposes on a permanent basis.
Following. The term "following" means next after.
Gender. A word importing the masculine gender only shall extend and be applied to females
and to firms, partnerships and corporations as well as to males.
Includes and including. The terms "includes" and "including" shall not be construed to limit a term to
the specified examples, but is intended to extend the meaning of a term to all instances or circumstances
of like kind or character.
Joint authority. A joint authority given to any number of persons, or officers, may be executed by a
majority of them.
Keeper and proprietor. The terms "keeper" and "proprietor" mean and include persons, whether
acting by themselves or as a servant, agent, or employee.
Liberal construction; minimum requirements; overlapping provisions. All general provisions, terms,
phrases and expressions contained in this Code shall be liberally construed in order that the true intent
and meaning of the city council may be fully carried out. In the interpretation and application of any
provision of this Code, such provisions shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of
this Code imposes greater restrictions upon the subject matter than the other provisions of this Code, the
provision imposing the greater restriction or regulation shall be deemed to be controlling.
Page 2

Manager. The term "manager" means the city manager of an administrative department of city
government or designee. The term is synonymous with department head and appointing authority.
May. The term "may" is to be construed as being permissive.
Month. The term "month" means a calendar month.
Must. The term "must" is to be construed as being mandatory.
Number. Words used in the singular include the plural, and the plural includes the singular number.
Oath. The term "oath" means and includes an affirmation in all cases in which, by law, an affirmation
may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to
the terms "affirm" and "affirmed."
O.C.G.A. The abbreviation "O.C.G.A." means the Official Code of Georgia Annotated, as amended.
Or, and. The term "or" may be read as the term "and," and the term "and" may be read as the
term "or," if the sense requires it.
Ordinance. The term "ordinance" means any legislation enacted by the city council that is capable of
enforcement through the imposition of fines or penalties.
Other officials, officers, etc. Whenever reference is made to officials, boards, commissions,
departments, etc., by title only, i.e., clerk of council, chief of police, etc., they shall be deemed to refer to
the officials, boards, commissions and departments of the City of Tybee Island, Georgia.
Owner. The term "owner," as applied to a building or land, means and includes any part owner, joint
owner, tenant in common, tenant in partnership, or joint tenant of the whole or of a part of the building or
land.
Person. The term "person" means and applies to firms, partnerships, associations, organizations and
bodies politic and corporate, or any combination thereof, as well as to individuals.
Personal property. The term "personal property" means and includes every species of property
except real property, as defined in this section.
Preceding. The term "preceding" means next before.
Property. The term "property" means and includes real and personal property.
Public place. The term "public place" means and includes any place that the public is invited or
permitted to go or congregate.
Real property. The term "real property" means and includes lands, tenements, marital interests and
hereditaments.
Resolution. The term "resolution" means a policy statement or directive or course of action adopted
by the city council at a regularly called meeting.
Shall. The term "shall" is to be construed as being mandatory.
Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent
property line, intended for the use of pedestrians, excluding parkways.
Signature and subscription. The terms "signature" and "subscription" mean and include a mark when
the person cannot write.
State. The term "state" means the State of Georgia.
Street. The term "street" means and includes streets, avenues, boulevards, roads, alleys, lanes,
viaducts and all other public streets and ways in the city and shall embrace all parts thereof constituting
the designated right-of-way, unless otherwise stated.
Page 3

Tenant and occupant. The terms "tenant" and "occupant," as applied to a building or land, mean and
include any person holding a written or oral lease of, or who occupies, the whole or a part of a building or
land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and
present.
Until a certain day. The term "until a certain day" means and includes all of such day.
Week. The term "week" means seven days.
Will. The term "will" is to be construed as being mandatory.
Writing. The term "writing" means and includes printing and all numerals.
Year. The term "year" means a calendar year.
(Code 1970, 1-2; Code 1983, 1-1-2; Ord. No. 23-A-2015, 1, 9-10-2015)
State Law reference Statutory definitions and rules of construction generally, O.C.G.A. 1-
3-1 et seq.
Sec. 1-3. - Catchlines of sections, effect of history notes, and references in Code.
(a) The catchlines of sections of this Code printed in boldface type, italics or otherwise, are intended as
mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles
of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines, are amended or reenacted.
(b) The history or source notes appearing in parentheses after sections in this Code are not intended to
have any legal effect but are merely intended to indicate the source of matter contained in the
section. State law references which appear after sections or subsections of this Code or which
otherwise appear in footnote form are provided for the convenience of the user of this Code and
have no legal effect.
(c) All references to chapters, articles, or sections are to the chapters, articles, and sections of this Code
unless otherwise specified.
(Code 1983, 1-1-3)
Sec. 1-4. - Effect of repeal of ordinances.
(a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the
ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense
committed under the ordinance repealed.
(Code 1983, 1-1-4)
Sec. 1-5. - Severability of parts of Code.
It is declared to be the intention of the governing body that the sections, paragraphs, sentences,
clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or
section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of
Page 4

competent jurisdiction, that unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Code.
(Code 1983, 1-1-5)
Sec. 1-6. - Ordinances and amendments to Code.
All ordinances and amendments to the Code shall be introduced as provided in the Charter (section
2.22).
(Code 1983, 1-1-6)
Sec. 1-7. - Altering Code.
It shall be unlawful for any person in the city to change or amend by additions or deletions, any part
or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such
Code in any manner whatsoever which will cause the law of the city, to be misrepresented thereby. Any
person violating this section shall be punished as provided in section 1-8 hereof.
(Code 1983, 1-1-7)
Sec. 1-8. - General penalty.
Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to
be unlawful or an offense, or whenever in this Code or any ordinance the doing of any act is required or
the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, such
violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding
$1,000.00, by sentence of imprisonment not exceeding six months and to work on the streets or public
works for a period not exceeding 60 days, any or all such penalties in the discretion of the judge.
(Code 1983, 1-1-8)
Sec. 1-9. - Exceptions.
In the event of exceptional circumstances or unusual occurrences, monetary penalties less than
$15.00 and/or other enforcement provisions may be waived or delayed, in whole or in part, by the city
manager; such as in cases when residents are delinquent in meeting a deadline as a result of personal or
family illness or death, minor arithmetic errors, unusual postal delays, or unexpected documented
hardship.
(Code 1983, 1-1-9)
Sec. 1-10. - Territorial applicability.
Except as specifically provided otherwise, this Code only applies in the city limits.
Sec. 1-11. - Supplementation of Code.
(a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the
mayor and council. A supplement to the Code shall include all substantive permanent and general
parts of ordinances adopted during the period covered by the supplement and all changes made
Page 5
thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into
the Code and will, where necessary, replace pages which have become obsolete or partially
obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will
be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be
excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the person authorized to prepare the supplement may
make formal, nonsubstantive changes in ordinances and parts of ordinances included in the
supplemental, insofar as it is necessary to do so to embody them into a unified code. For example,
the person may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the
Code printed in the supplement, and make changes in such catchlines, headings, and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and,
where necessary to accommodate new material, change existing section or other subdivision
numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article,"
"this division," etc., as the case may be, or to "sections ____________ to ____________"
(inserting section numbers to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code); and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance
sections inserted into the Code.
(d) In no case shall the person make any change in the meaning or effect of ordinance material included
in the supplement or already embodied in the Code.
Sec. 1-12. - Provisions considered as continuations of existing legislation.
The provisions appearing in this Code, so far as they are the same as those of legislation existing as
of the effective date of this Code, shall be considered as continuations thereof and not as new
enactments.
Sec. 1-13. - Matters not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect:
(1) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the
issuance of any bonds for the city, or any evidence of the city's indebtedness, or any contract or
obligation assumed by the city.
(2) Any existing right or franchise granted by the county or city to any person.
(3) Any ordinance dedicating, naming, defining, establishing, locating, relocating, opening, paving,
widening, vacating, etc., any street or public way in the city.
(4) Any appropriation or ordinance authorizing appropriations.
(5) Any ordinance providing for local improvements or assessing taxes therefor.
(6) Any ordinance dedicating or accepting a plat or subdivision or regulating plats or subdivisions.
(7) Any rezoning ordinance.
(8) Any ordinance establishing salaries or compensation of city officers or employees not in this
Code.
(9) Any ordinance approving the budget.
Page 6
(10) Any ordinance adopted for purposes that have been consummated.
(11) Any ordinance that is temporary, although general in nature.
(12) Any ordinance that is special, although permanent in nature.
(13) Any ordinance levying or otherwise relating to taxes.
(14) Any act or ordinance amending any act enacted by the general assembly of the state.
Sec. 1-14. - Code does not affect prior offenses, rights, etc.
(a) Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or
done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the
effective date of this Code.
(b) The adoption of this Code shall not be interpreted as authorizing or permitting any use or the
continuance of any use of a structure or premises in violation of any ordinance in effect on the date
of adoption of this Code.
Page 7
Chapter 2

Chapter 2 - ADMINISTRATION
ARTICLE I. - IN GENERAL
Sec. 2-1. - Conveyance of property to abutting owners.
(a) Purpose. The purpose of this section is to provide a procedure for the conveyance by quitclaim deed
of city property to abutting owners who wish to apply for such a conveyance when the conveyance is
deemed to be appropriate in all respects, is for adequate consideration, and which will permit the
highest and best use of the property.
(b) Procedure.
(1) Anyone owning real property in the city which abuts real property of the city who wishes to apply
for a conveyance of a portion or all of the abutting city property shall first make application to the
city by directing a written request to the clerk of council. The request shall be accompanied by a
map, diagram or sketch of the property sought to be conveyed and the abutting properties and
the writing shall state the reason the applicant believes that the conveyance is appropriate.
(2) When the clerk of council receives an appropriate application, the clerk shall distribute copies
thereof to the city manager and/or to all department heads of the city as directed by the city
manager as well as to the mayor and council. Department heads should comment to the city
manager on whether or not, in their opinion, the proposed conveyance is in the best interest of
the city. The city manager shall report to the department heads all findings to the mayor and
council within 45 days of receipt by the clerk of council of the applicant's written request.
(3) At the following meeting of the mayor and council, the matter should be considered and the
mayor and council should determine whether the city is or is not preliminarily interested in
pursuing the matter further. In the event the mayor and council are receptive to the applicant's
proposal, the expression of such interest shall not be binding on the city and the city shall not be
committed at any point in the process until after it has expressly agreed to be bound to make
the conveyance for a specified consideration.
(c) Survey and appraisal; conveyance request submission; decision by mayor and council.
"effected area" should read "affected area"
(1) Once the city, through the mayor and council, has expressed an interest in the applicant's
proposal, the applicant shall, within 60 days of the vote by the mayor and council, expressing
such interest, obtain a survey of the effected area as well as an appraisal by a qualified real
estate appraiser from a list of acceptable appraisers designated by the city manager to establish
the value of the property involved in the conveyance.
(2) The applicant shall then submit the request along with the appraisal, survey and related material
to the clerk of council who shall refer the matter to the planning commission, which shall review
the matter and make a recommendation to the mayor and council.
(3) The mayor and council may either approve the conveyance, approve with contingencies, to
consider alternatives, or to deny the request.
(d) Public hearing. A public hearing shall be conducted by the mayor and council in an open council
meeting concerning the applicant's request prior to any conveyance being consummated. The public
hearing shall be advertised and conducted by following the procedures used by the city for
conducting public hearings on zoning matters.
(e) City negotiations; approval. The city is not required to accept the amount of the appraisal and may
negotiate for a higher price or reject the proposal entirely or in parts. Once the agreed upon
Page 1

consideration has been paid to the city in connection with an approved conveyance and an
appropriate resolution with a plat or survey attached has been adopted, the city may convey by
quitclaim deed whatever interest the city might possess in the effected property.
(Code 1983, 7-6-1)
Secs. 2-22-35. - Reserved.
ARTICLE II. - MAYOR AND COUNCIL[1]
Footnotes:
--- (1) ---
State Law reference Municipal corporations generally, O.C.G.A. 36-3-1 et seq.; home rule, O.C.G.A.
36-35-1 et seq., Ga. Const. art. IX, II, II.

DIVISION 1. - GENERALLY
Sec. 2-36. - Compensation of mayor and councilmembers.
The mayor shall receive as compensation $700.00 per month. Councilmembers shall receive as
compensation $400.00 per month. This compensation is intended to defray expenses incurred. This
provision shall have application to the mayor and councilmembers assuming office in January 2016 and
thereafter, subject to future amendments.
(Code 1983, 2-1-1; Ord. No. 11-2015, 1, 3-26-2015)
Sec. 2-37. - Signing of checks.
The mayor, mayor pro tem, and any other city councilmember; the city manager, the finance director,
and the clerk of council are authorized to sign checks on behalf of the city. At least one of the two
signatures must be that of an elected official.
(Code 1983, 2-1-3)
DIVISION 2. - MEETINGS
Sec. 2-78. - Regular and special meetings.
Regular meetings of the mayor and council will be held on the second and fourth Thursday of each
month at 7:00 p.m. except for the months of November and December when there will only be one
meeting on the second Thursday of such months. The mayor and council may hold consent agenda
meeting at 6:30 p.m. in advance of regular meetings. The meeting shall be held in city hall or the
Page 2

municipal courtroom or such other location as might be designated by the mayor and council, from time to
time. Public hearings under appendix A of this Code shall ordinarily be scheduled for the first meeting of
each month; however, special meetings, including any public hearings under appendix A of this Code,
may be held as provided by section 2.19 of the city Charter.
(Code 1983, 2-1-11; Ord. of 2-9-2006; Ord. No. 05-2015, 1, 1-15-2015)
Sec. 2-79. - Adjourned meetings.
If a quorum shall fail to attend any regular or special meeting of the mayor and council or if for any
reason such meeting shall fail to complete transaction of the business before the meeting, the meeting
may be adjourned to any date prior to the next regular meeting agreed upon by a majority of the members
present.
(Code 1983, 2-1-12)
Sec. 2-80. - Special business; requirements for proposition review by mayor.
(a) If the council directs any matter to be the special business of a future meeting, such matter shall
have precedence over all other business at such future meeting.
(b) No proposition shall be entertained by the mayor until it has been seconded, and every proposition
shall, when required by the mayor or any member, be reduced to writing.
(Code 1983, 2-1-13)
Sec. 2-81. - Rules of procedure.
The mayor and council may, from time to time, adopt rules of procedure which shall govern the
conduct of meetings and procedures of the city council. A copy of all such rules shall be maintained by
the clerk of council at all times.
(Code 1983, 2-1-14; Ord. No. 10-2010, 6-20-2010)
ARTICLE III. - OFFICERS AND EMPLOYEES
Sec. 2-106. - Code of ethics for city officials.
(a) Generally.
(1) The public judges its government by the way public officials and employees conduct themselves
in the posts to which they are elected or appointed.
(2) All government, of right, originates with the people, is founded upon their will only, and is
instituted solely for the good of the whole. Public officers are the trustees and servants of the
people and are at all times amenable to them. Ga. Const. art. I, 2, 1.
(3) The people of this state have the inherent right of regulating their internal government.
Government is instituted for the protection, security, and benefit of the people; and at all times
Page 3

they have the right to alter or reform the same whenever the public good may require it. Ga.
Const. art. I, 2, 2.
(4) The people have a right to expect that every public official will conduct himself in a manner that
will tend to preserve public confidence in and respect for the government he represents.
(5) Such confidence and respect can best be promoted if every public official, whether paid or
unpaid, and whether elected or appointed, will uniformly:
a. Treat all citizens with courtesy, impartiality, and equality under the law; and
b. Avoid conflicts between their private self-interest and the public interest.
(b) Purpose.
(1) It is the policy of the city that the proper operation of democratic government requires that public
officials be independent, impartial and responsible to the people; that governmental decisions
and policy be made in proper channels of the governmental structure; that public office not be
used for personal gain; and that the public have confidence in the integrity of its government. In
recognition of these goals, a code of ethics for all city officials and employees is adopted.
(2) This code has the following purposes:
a. To encourage high ethical standards in official conduct by city officials;
b. To establish guidelines for ethical standards of conduct for all such officials and employees
by setting forth those acts or actions that are incompatible with the best interest of the city;
c. To require disclosure by such officials of private financial or other interest in matters that
affect the city; and
d. To serve as a basis for disciplining those who refuse to abide by its terms.
Code of ethics for city officials seems to exclude campaign or conduct of candidates
(3) The provisions of this section shall not apply to political contributions, loans,
expenditures, reports or regulations of political campaigns or the conduct of candidates
in such campaigns.
(c) Scope of persons covered. The provisions of this code of ethics shall be applicable to all members of
the city council, planning and zoning commission, board of zoning appeals, all advisory
commissions, and committee members and all employees of the city.
(d) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
confusing
City official and official, unless otherwise expressly defined, mean the mayor, members of the city
council, city attorney, municipal court judges (including substitute judges), city manager, assistant city
managers, city clerk or clerk of council, deputy city clerks, whether such person is salaried, hired or
elected, and all other persons holding positions designated by the city Charter, as it may be amended
from time to time. City officials, unless otherwise expressly defined, includes individuals appointed by
the mayor and city council to all city commissions, committees, boards, task force, or other city bodies
unless specifically exempted from this section by the city council.
Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on
by the city council or other city board or commission, as well as the discussions or deliberations of the
council, board, or commission which can or may lead to a vote or formal action by that body.
Discretionary authority means the power to exercise any judgment in a decision or action.
Page 4

Entity means a sole proprietorship, partnership, limited partnership, firm, corporation, professional
corporation, holding company, joint stock company, receivership, trust or any other entity recognized by
law through which business may be conducted.
Immediate family means spouse, mother, father, brother, sister, son, or daughter of any city official
or employee.
Incidental interest means an interest in a person, entity or property which is not a substantial interest
and which has insignificant value.
Remote interest means an interest of a person or entity, including a city official, who would be
affected in the same way as the general public. The interest of a councilmember in the property tax rate,
general city fees, city utility charges, or a comprehensive zoning ordinance or similar decision incidental
to the extent that the councilmember would be affected in common with the general public.
Substantial interest means a known interest, either directly or through a member of the immediate
family, in another person or entity:
(1) The interest is ownership of five percent or more of the voting stock, shares or equity of the
entity or ownership of $5,000.00 or more of the equity or market value of the entity;
(2) Funds received by the person from the other person or entity either during the previous 12
months or the previous calendar year equaled or exceeded $5,000.00 in salary, bonuses,
commissions or professional fees of $5,000.00 in payment for goods, products or
nonprofessional services, or ten percent of the recipient's gross income during that period,
whichever is less;
(3) The person serves as a corporate officer or member of the board of directors or other governing
board of the for-profit entity other than a corporate entity owned or created by the city council; or
(4) The person is a creditor, debtor, or guarantor of the other person or entity in an amount of
$5,000.00 or more.
Substantial interest in real property means an interest in real property which is an equitable or legal
ownership with a market value of $5,000.00 or more.
(e) Standards of conduct.
(1) Not the mayor, councilmember, city employee, nor member of any board or commission shall
use such position to secure special privileges or exemptions for such person or others, or to
secure confidential information for any purpose other than official responsibilities.
(2) Not the mayor, councilmember, city employee, nor member of a board or commission, in any
matter before the council, board or commission in which he has a substantial interest, shall fail
to disclose for the common good for the record such interest prior to any discussion or vote.
(3) Not the mayor, councilmember, city employee, nor member of a board or commissionshall act
as an agent or attorney for another in any matter before the city council or any board or
commission.
(4) Not the mayor, councilmember, city employee, nor commissioner shall directly or indirectly
receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or
proceeding connected with, or related to, the duties of his office except as may be provided by
law.
(5) Not the mayor, councilmember, city employee, nor member of any board or commission shall
enter into any contract with the city except as specifically authorized by statute. Any
councilmember or member of a board or commission who has a proprietary interest in an
agency doing business with the city shall make known that interest in writing to the city council
and the city clerk.
(6) All public funds shall be used for the general welfare of the people and not for personal
economic gain.
Page 5

(7) Public property shall be disposed of in accordance with state law.

(8) No city official shall solicit or accept other employment to be performed or compensation to be
received while still a city official or employee, if the employment or compensation could
reasonably be expected to impair judgment or performance of city duties.
(9) If a city official accepts or is soliciting a promise of future employment from any person or entity
who has a substantial interest in a person, entity or property which would be affected by any
decision upon which the official might reasonably be expected to act, investigate, advise, or
make a recommendation, the official shall disclose the fact to the board or commission on which
he serves or his supervisor and shall take no further action on matters regarding the potential
future employer.
(10) No city official shall use city facilities, personnel, equipment or supplies for private purposes
except to the extent such are lawfully available to the public.
(11) No city official or employee shall grant or make available to any person any consideration,
treatment, advantage or favor beyond that which it is the general practice to grant or make
available to the public at large.
(f) Prohibition of conflict of interest. A city official may not participate in a vote or decision on a matter
affecting a person, entity, or property in which the official or employee has a substantial interest.
(g) Exemptions. This code shall not be construed to require the filing of any information relating to any
person's connection with, or interest in, any professional society or any charitable, religious, social,
fraternal, educational, recreational, public service, civil or political organization, or any similar
organization not conducted as a business enterprise or governmental agency, and which is not
engaged in the ownership or conduct of a business enterprise or governmental agency.
Suggest only Council can levy fines
(h) Penalty.
(1) Any persons violating any provisions of this policy are subject to:
a. Written and oral reprimand by the council, board, commission or committee of

which said violator is a member.
b. A fine greater than $100.00 but less than $500.00 to be imposed by the council,
commission, board or committee of which the violator is a member.
c. Request for resignation by the council, board, committee or commission of which
the violator is a member.
(2) Each council, board, commission or committee shall have authority to establish rules
and regulations to impose said penalties.
(Code 1983, 2-1-18)
Editor's note An Ord. of Sept. 27, 2007, 1.01, states that "the Code of Ethics for City
Officials" (Code Title 2 (Government and Administration), Chapter 2 (Mayor and City Council)
Section 18) is hereby repealed except that it will continue to be in effect for the purpose of
governing the conduct of city officials and employees whose official duties terminated before the
enactment of this ordinance." See Ch. 23 for the Code of Ethics and Compliance.
Sec. 2-107. - City manager; powers and duties; separation of powers.
(a) Powers. The city manager shall be the chief executive and administrative officer of the city. The
manager shall be responsible to the city council for the administration of all city affairs placed in the
Page 6

manager's charge by the city Charter. As the chief executive and administrative officer, the manager
shall:
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove
all city employees and administrative officers the manager appoints, except as otherwise
provided by law or personnel ordinances adopted pursuant to the Charter. The manager may
authorize any administrative officer who is subject to the manager's direction and supervision to
exercise these powers with respect to subordinates in that officer's department, office or
agency.
(2) Direct and supervise the administration of all departments, offices, and agencies of the city,
except as otherwise provided by the Charter or by law.
(b) Duties. The city manager shall:
(1) Attend all city council meetings except for closed meetings held for the purposes of deliberating
on the appointment, discipline, or removal of the city manager and have the right to take part in
discussion but not vote;
(2) See that all laws, provisions of the Charter, and acts of the city council, subject to enforcement
by the city manager or by officers subject to the manager's direction and supervision, are
faithfully executed;
(3) Prepare and submit the annual operating budget and capital budget to the city council;
(4) Submit to the city council and make available to the public a complete report on the finances
and administrative activities of the city as of the end of each fiscal year;
(5) Make such other reports as the city council may require concerning the operations of the city
departments, offices, and agencies subject to the manager's direction and supervision;
(6) Keep the city council fully advised as to the financial condition and future needs of the city and
make such recommendations to the city council concerning the affairs of the city as the
manager deems desirable; and
(7) Perform other such duties as are specified by the Charter or as may be required by the city
council.
(c) Separation of powers.
(1) Except for the purpose of inquiries and investigations under section 2.15 of the city Charter, the
city council or its members shall deal with city officers and employees who are subject to the
direction and supervision of the manager solely through the manager, and neither the city
council nor its members shall give orders to any such officer or employee, publicly or privately.
(2) The city council shall have the power of inquiries and investigations into the affairs of the city
and the conduct of any department, office or agency thereof, and for this purpose may
subpoena witnesses, administer oaths, take testimony, and require the production of evidence
without the consent of the city manager.
(Code 1983, 2-3-1)
Sec. 2-108. - Clerk of council; duties.
The clerk of council shall:

(1) Exercise any powers and perform any duties charged to the clerk of council by the city Charter
or this Code;
(2) Be the custodian of the city seal and affix its impression on documents whenever required;
Page 7

(3) Carefully preserve the codes, records and documents belonging to the city which are not
assigned to the custody of some other office, and maintain a proper index to all records and
documents so that ready access thereto and use thereof may be had;
(4) Take and maintain the minutes of the city council;
(5) Attest to the mayor's signature on all contracts; and
(6) Perform any other duties as may, from time to time, be assigned to the clerk of council by the
city council.
(Code 1983, 2-3-2)
Sec. 2-109. - City attorney; duties.
The city attorney or assistants under his direction shall be the legal advisor and representative of the
city and, in that capacity, shall:
(1) Exercise any powers and perform any duties charged to the city attorney by the city Charter or
this Code;
(2) Advise the city council, the mayor, the city manager, and other officers and employees of the
city concerning the legal aspects of the city's affairs;
(3) Prepare or revise ordinances when so requested by the city council, the city manager, or any
board, commission, committee, or task force appointed by the city council;
(4) Give official opinions upon any legal matter or question submitted by a majority vote of the city
council;
(5) Attend all council meetings for the purpose of giving city council any legal advice requested by
its members;
(6) Prepare for execution all contracts and instruments to which the city is a party when so
requested and approve, as to form, all bonds and city contracts;
(7) Defend any and all suits and actions at law or equity brought against the city, unless otherwise
directed by the city council;
(8) Prepare and file any civil suit or action at law or equity to secure or protect the city's best
interest when so ordered by a resolution of the city council;
(9) Make immediate report to the city council of the outcome of any litigation in which the city has a
direct interest; and
(10) Perform any other duties as may be required by the mayor, the city council and the city
manager.
(Code 1983, 2-3-5)
Sec. 2-110. - Appointment, term and removal of administrative officers.
All administrative officers established by this article shall be appointed by the city council. They shall
serve for an indefinite term and may be summarily removed from office at any time by the city council.
(Code 1983, 2-3-6)
Page 8

ARTICLE IV. - DEPARTMENTS
Eliminate this section and replace with wording allowing City Manager to define such
departments as required
Sec. 2-164. - Designation of departments.
The departments of the city shall include the following:
(1) General government;

(2) Finance;
(3) Inspections;
(4) Police;
(5) Fire;
(6) Public works and sanitation;
(7) Water and wastewater;
(8) Community and cultural affairs; and
(9) Parking.
(Code 1983, 2-3-21)
ARTICLE V. - FINANCE
Sec. 2-212. - Fiscal year.
The fiscal year of the city shall begin on July 1 and shall end on June 30 of each year.
(Code 1983, 3-1-1; Ord. of 4-10-2008(1))
Sec. 2-213. - Annual budget; appropriations ordinance.
(a) An annual budget and appropriations ordinance shall be adopted by the mayor and council prior to
the first day of the fiscal year, provided if such budget and appropriations ordinance is not adopted,
the previous year's budget and appropriations ordinance shall continue as the budget for the ensuing
fiscal year and until the new budget and appropriations ordinance is adopted.
(b) The budget as adopted shall be a balanced budget with anticipated revenues equal to appropriated
expenditures.
(c) Nothing in this Code or the ordinance adopting this Code shall affect any ordinance adopting or
amending annual budgets or appropriations, and all such ordinances are hereby recognized as
continuing in full force and effect to the same extent as if set out at length in this Code.
(Code 1983, 3-1-2)
Page 9

Sec. 2-214. - Appropriations policy.
(a) Budgeted expenditures. Budgeted expenditures shall be approved in advance by requisition signed
by the appropriate department head, and city manager when he so requires.
(b) Unbudgeted expenditures. Unbudgeted expenditures exceeding available departmental funds shall
be approved by the city manager and city council prior to expenditure by the department head.
(c) Emergency expenditures. Emergency expenditures shall be approved by the department head and
shall be reported to the city manager and the city council at the next regular meeting.
Seems to include projects done by the City as well. Suggest including "projects managed by
contractor"
(d) Construction projects. Construction projects must be publicly advertised for bid prior to
acceptance of contracts by the mayor and council.
(Code 1983, 3-1-3)
Sec. 2-215. - Appropriations not expended.
All appropriations which are not obligated, encumbered or expended at the end of the fiscal year
shall lapse and become a part of the unencumbered surplus of the city which may be appropriated for the
next fiscal year.
(Code 1983, 3-1-4)
Sec. 2-216. - Method of accounting.
To the extent possible, the modified accrual basis of accounting shall be used so that expenditures,
other than accrued interest on long term debt, are recorded at the time liabilities are incurred and
revenues are recorded when cash is received, except for material or available revenues which shall be
accrued to reflect properly the taxes levied and the revenues earned. All receipts and disbursements shall
be posted promptly and at least on a monthly basis. To the extent possible, all interfund transfers shall be
cleared by the end of the fiscal year.
(Code 1983, 3-1-5)
Sec. 2-217. - Responsibility for financial administration.
The responsibility for administering the city's financial and fiscal affairs is vested in the city manager.
(Code 1983, 3-1-6)
Should be replaced by new ordinance
Sec. 2-218. - City credit card usage; restrictions.
(a) Any elected official, employee, or agent of the city using a city credit card or otherwise making
charges on the city's account shall only be entitled to use such credit card or charge to the account
of the city goods or services directly involving the city's affairs or business. No official, employee, or
Page 10

agent using a credit card or the city's credit card shall charge personal items or services thereto
notwithstanding an intention to reimburse the city or to make payment direct to the provider.
(b) Except as otherwise authorized or expressly permitted, city credit cards or accounts shall not be
used for the purchase of beverages containing alcohol.
(Code 1983, 3-1-7)
Sec. 2-219. - Acceptance of credit cards.
(a) The city manager is authorized to determine which charges, expenses and taxes, with the exception
of ad valorem taxes shall be payable by citizens by way of credit cards; however, no credit card
payment shall be accepted for local ad valorem taxes without the agreement of the mayor and
council, and further, no credit card payment shall be accepted for any state taxes or fees without
formal approval by the state depository board. The city manager is authorized to approve appropriate
agreements with credit card issuers or other parties as needed to facilitate the acceptance of credit
card payments; however, each such agreement shall be executed by the mayor in accordance with
the city's Charter. Any such agreement shall provide that it may be cancelled at anytime by the city
manager or the mayor and council as appropriate but such agreement may provide for a reasonable
brief period of notice for cancellation.
(b) The city manager shall be authorized but not required to impose a surcharge upon the person
making payment by credit card to wholly or partially off-set the amount of any discount or
administrative fees charged to the city. When a party elects to make a payment to the city by credit
card and a surcharge is imposed, payment of such surcharge shall be deemed voluntary by such
party and shall be in no case refundable.
(c) No person making a payment by credit card to the city shall be relieved from liability for the
underlying obligation except to the extent that the city realizes final payment of the underlying
obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other
guarantor of payment in the credit card transaction, then the underlying obligation shall survive and
the city shall retain all remedies for enforcement which would have applied if the credit card
transaction had not occurred. No contract may modify the provisions of this subsection. This
subsection, however, shall not make the underlying obligor liable for any discount or administrative
fee paid to a credit card issuer or other party by the city.
(d) Any city employee or officer who accepts a credit card payment in accordance with the provisions
hereof and any applicable policies, rules or regulations of the city shall not thereby incur any
personal liability for the final collection of such payments.
(Code 1983, 3-1-8)
ARTICLE VI. - BOARDS, COMMISSIONS, AND AUTHORITIES
Not sure why new structure required
Allow formation of committees by resolution of the Council, not ordinance
Sec. 2-263. - Beach task force.
Page 11

(a) Creation and purpose. There is created a commission to be known as the Tybee Island Beach Task
Force for the purpose of promoting the health, safety, morals, convenience, order, prosperity and
general welfare of the city and to provide recommendations to the mayor and council of the city
regarding issues affecting the beach including but not limited to beach erosion and renourishment,
and to perform the functions and duties stated herein.
(b) Name. The name of the committee shall be the Tybee Island Beach Task Force and is hereinafter
referred to as "the task force."
(c) Membership. The beach task force shall consist of not less than ten nor more than 20 members
appointed by the mayor and council, such appointees being selected on the basis of their knowledge
and interest in protecting and promoting the natural characteristic of the city, especially its beaches
and shorelines, to serve three-year terms.
(d) Functions and duties. The task force shall:
(1) Promote beach preservation and maintenance.
(2) Promote beach renourishment.
(3) Promote prevention of shoreline erosion.
(4) Serve as a consultant body on beach and shoreline issues.
(5) Assist other entities in promoting the preservation of the ecology and natural beauty of the city.
(6) Report on task recommendations to the mayor and council.
(7) Perform other duties related to the above functions as may be directed by the mayor and
council or by the city manager.
(8) Lobby state and federal entities on behalf of the city's beaches.
(e) Administration. The task force shall elect one of its members as chair and one member as vice-chair
and may elect as its secretary one of its own members or, with the approval of the mayor and
council, may appoint as secretary an employee of the city.
(f) Rules of procedure. The task force may establish such rules, bylaws and regulations not inconsistent
with the city Charter, ordinances or law, as it deems appropriate and necessary for the fulfillment of
its duties or the conduct of its affairs. Copies of such rules, bylaws, and/or regulations shall be filed
with the clerk of council.
(g) Meetings. Meetings of the task force shall be scheduled as directed by the chair or the membership.
All meetings shall comply with the Georgia Open Meetings Act (O.C.G.A. 50-14-1 et seq.).
(Code 1983, 2-3-30)
has been eliminated
Sec. 2-264. - Audit committee.
(a) Creation. Pursuant to section 3.11 of the city Charter there is created an audit committee.
(b) Purpose. The audit committee shall have the purpose of enhancing the financial statement auditor's
real and perceived independence and to provide a direct link between the auditor and governing
body and to facilitate communication between the governing body, the auditors and management.
Further, the audit committee should play an advisory role to the governing body; however, it should
not interfere with performance of the auditor's duties.
Page 12

(c) Membership. The audit committee shall consist of no less than five nor more than seven members
appointed by the mayor and council, such appointees being selected on the basis of their knowledge
and interest in the financial planning and accounting principles.
(d) Functions and duties. The audit committee shall:
(1) Oversee the independent audit of the city's financial statements from making recommendations
on the selection of independent auditors to the resolution of findings or issues;
(2) Review the reports of any internal auditors (as opposed to independent) as well as any internal
audit work plans;
(3) Annually present a report to the mayor and council and city manager of its activities and its
recommendations and/or findings;
(4) Serve as a consultant body on city financial issues as requested by city council;
(5) Perform other duties related to the above functions as may be directed by the mayor and
council or the city manager.
(e) Administration. The audit committee shall elect one of its members as chair and one member as
vice-chair and may elect as its secretary one of its own members.
(f) Rules of procedure. To the extent the audit committee deems it appropriate, it may adopt bylaws,
rules and regulations not inconsistent with any provisions of the city Charter, ordinances or other law.
Copies of any such rules, bylaws, etc., shall be filed with the clerk of council.
(g) Meetings. Meetings of the audit committee shall be scheduled as directed by the chair or the
membership and all meetings shall comply with the Georgia Open Meetings Act.
(Code 1983, 2-3-31; Ord. of 9-14-2006)
does not exist
DIVISION 2. - FINE ART COMMISSION
Sec. 2-292. - Created.
A fine arts commission for the city is created which shall be known as the Tybee Island Fine Arts
Commission.
(Code 1983, 7-4-1; Ord. of 4-29-2005, 7-4-1)
Sec. 2-293. - Membership; term of office, qualifications, compensation.
(a) Membership and appointment. The fine arts commission shall consist of nine members who shall be
appointed by the mayor and council.
(b) Term of office. The term of office for each member shall be three years, except that of those first
appointed; three shall be appointed for one year, three for two years, and three for three years.
When the terms of the first appointed shall expire, all successors shall be appointed for three-year
terms which shall begin April 1 and expire March 31 of the appropriate year. No member may serve
more than two consecutive three-year terms.
(c) Qualifications of members. In selecting persons for appointment to the commission, the mayor and
council shall endeavor to provide representation from public and private educational institutions, from
Page 13

business and industry, and from such other groups and citizens as will provide a commission
representative of the entire community. Persons selected for appointment shall not be a paid staff
member of the city or of an art agency, but shall have an interest in the arts and in programs to use
the arts to enhance the quality of life in the community.
(d) Compensation. Members of the commission shall not receive compensation for service.
(Code 1983, 7-4-2; Ord. of 4-29-2005, 7-4-2)
Sec. 2-294. - Officers; meetings; minutes.
(a) The fine arts commission shall elect one of its members as chairperson for a one-year term. The
commission may elect other officers as it deems appropriate.
(b) Meetings shall be held as often as the commission shall decide but not less frequently than once
each quarter.
(c) The commission shall keep minutes of its proceedings showing the matters discussed and the action
taken on each matter.
(Code 1983, 7-4-3; Ord. of 4-29-2005, 7-4-3)
Sec. 2-295. - Powers and duties.
(a) The fine arts commission shall be an advisory council and shall submit its findings to the mayor and
council.
(b) The commission shall direct its attention to the following matters:
(1) It shall assist the city in developing a comprehensive plan for the arts in the community;
(2) It shall help encourage and promote joint community events by the various arts groups in the
community;
(3) It shall identify community arts needs and suggest programs to meet these needs;
(4) It shall encourage the use of the arts in various public service activities and to encourage the
use of the arts to improve the aesthetic quality of public buildings and public places;
(5) It shall help organize and promote arts programs that will be directed toward improving the
quality of life in the community;
(6) It shall study and recommend programs through which the arts can be made accessible to the
elderly, the handicapped and others with special needs;
(7) It shall help to develop information and materials about the arts in the community that can be
included with other promotional materials distributed by those agencies in the community
involved with economic development.
(Code 1983, 7-4-4; Ord. of 4-29-2005, 7-4-4)
Sec. 2-296. - City manager to work with commission.
The city manager shall assist the fine arts commission through consultation and the providing of data
pertaining to city operations and facilities.
(Code 1983, 7-4-5; Ord. of 4-29-2005, 7-4-5)
Page 14

does not exist
DIVISION 3. - RECREATION COMMISSION
Sec. 2-336. - Created.
The recreation commission for the city shall be known as the Tybee Island Recreation Commission.
(Code 1983, 7-4-6; Ord. of 4-29-2005, 7-4-6)
Sec. 2-337. - Membership, term of office, qualifications, compensation.
(a) Membership and appointment. The recreation commission shall consist of members who shall be
appointed by the mayor and council with a member of council and a representative of the YMCA
serving as ex officio members.
(b) Term of office. The term of office for each member shall be three years, except that of those first
appointed; three shall be appointed for one year, for two years and for three years. When the terms
of the first appointed shall expire, all successors shall be appointed for three-year terms which shall
begin February 1 and expire January 31 of the appropriate year.
(c) Qualifications of members. In selecting persons for appointment to the commission, the mayor and
council shall endeavor to provide representation from public and private educational institutions, from
business and industry, and from such other groups and citizens as will provide a commission
representative of the entire community. Persons selected for appointment shall not be a paid staff
member of the city but shall have an interest in recreational commission programs to enhance the
quality of life in the community.
(d) Compensation. Members of the commission shall not receive compensation for service.
(Code 1983, 7-4-7; Ord. of 4-29-2005, 7-4-7)
Sec. 2-338. - Officers; meetings; minutes.
(a) The recreation commission shall elect one of its members as chairperson for a one-year term. The
commission may elect other officers as it deems appropriate.
(b) Meetings shall be held as often as the commission shall decide but not less frequently than once
each quarter.
(c) The commission shall keep minutes of its proceedings showing the matters discussed and the action
taken on each matter, and shall provide to the mayor and council copies of such minutes within 30
days following each proceeding.
(Code 1983, 7-4-8; Ord. of 4-29-2005, 7-4-8)
Sec. 2-339. - Powers and duties.
(a) The recreation commission shall be an advisory commission and shall submit its findings to the
mayor and council.
Page 15

(b) The commission shall direct its attention to the following matters:
(1) It shall assist the city in developing a comprehensive plan for recreational programs in the
community;
(2) It shall help encourage and promote joint community events by the various recreational groups
in the community;
(3) It shall identify community recreational needs and suggest programs to meet these needs;
(4) It shall encourage the use of recreational concepts in various public service activities and to
encourage the use of recreational concepts to improve the aesthetic quality of public buildings
and public places;
(5) It shall help organize and promote recreational programs that will be directed toward improving
the quality of life in the community;
(6) It shall study and recommend programs through which recreational programs can be made
accessible to the elderly, the handicapped and others with special needs;
(7) It shall help to develop information and materials about the recreational programs in the
community that can be included with other promotional materials distributed by those agencies
in the community involved with economic development.
(Code 1983, 7-4-9; Ord. of 4-29-2005, 7-4-9)
Sec. 2-340. - City manager to work with commission.
The city manager shall provide staff to meet with the recreation commission, shall assist in obtaining
such information as it needs in its deliberations, and shall perform such other duties for the commission
as the mayor and council shall approve.
(Code 1983, 7-4-10; Ord. of 4-29-2005, 7-4-10)
does not exist
DIVISION 4. - TYBRISA PARK COMMISSION
Sec. 2-364. - Creation; purpose; members.
(a) Creation. There is created a Tybrisa Park Commission to consist of six members and two to four ex
officio members.
(b) Purpose. The commission shall study and develop proposals for the highest and best use taking into
account economic, esthetics, planning and other considerations for property located at Highway 80
and Inlet Avenue at its convergence near Tybrisa Street, Tybrisa Street and ocean front parking lots,
and the strand from 14th to 18th Streets.
(c) Duty. The commission shall develop recommendations to be submitted to the city council for
approval.
Page 16

(d) Term of office. Members of the commission shall serve for a period of two years unless such other
time is prescribed by the city council.
(e) Compensation. Members of the commission shall serve without compensation; however, they may
be reimbursed for actual and necessary expenses in connection with performing their
responsibilities.
(f) Vacancies. Any vacancy on the commission shall be filled for the expired term by appointment by the
city council.
(g) Oath. Each member of the commission shall file with the clerk of council an oath obligating himself to
faithfully and impartially perform the duties of a member of the commission and such oath is to be
administered by the mayor.
(h) Removal. All members of the commission serve at will and may be removed at any time by a
majority vote of the city council.
(i) Officers. The members of the commission by majority vote shall elect one of its members as chair
and one member as vice-chair and may elect as its secretary one of its own members or may
appoint an employee of the city to act as secretary.
(j) Adoption of bylaws, regulations, etc. In the event the commission elects to adopt bylaws, rules or
regulations, copies of such shall be filed with the clerk of council.
(Code 1983, 7-5-1)
DIVISION 5. - ETHICS ADVISORY BOARD (RESERVED)[2]
Footnotes:
--- (2) ---
Editor's noteOrd. of Sept. 27, 2007, repealed Div. 5, 2-3912-398, which pertained to the Ethics
Advisory Board and derived from Ord. of Apr. 13, 2006.

Chapter 2 Administration ARTICLE VII. - PROCUREMENT
Sec. 2-400. - Applicability.
This article applies to contracts for the procurement of supplies, services and construction, entered
into by the city after the effective date of the ordinance from which this article is derived. It shall apply to
every foregoing expenditure of public funds for public purchasing irrespective of the source of the funds.
When the procurement involves the expenditure of federal assistance or contract funds, the procurement
shall be conducted in accordance with any mandatory applicable federal law and regulations. Nothing in
this article shall prevent the city from complying with the terms and conditions of any grant, gift or bequest
that is otherwise consistent with law.
( Ord. No. 15-2015, 1, 5-28-2015 )
Page 17

Sec. 2-401. - Definitions.
The following definitions shall apply to this chapter:

Committee means the committee on standards and specifications. [there is no such committee, nor
need for one]
Finance department means the department in which the purchasing division is assigned.
Goods and services means the tangible items and/or labor and materials provided by outside
contractors and professionals necessary to provide an effective and economically responsible delivery of
services by the city and for which financial appropriations have been made by the governing authority.
(1) Supplies, materials or contractual services means all tangible equipment, commodities, repairs
or nonprofessional services necessary to operate the government.
(2) Professional services means services provided by the following licensed professionals need not
be subject to competitive bidding: practitioners of law, medicine, podiatry, dentistry, optometry,
psychology, veterinary medicine, physiotherapy, public accounting and civil, mechanical,
hydraulic or electrical engineering, architecture or professional consultations.
Finance Director/purchasing administrator means the individual who is assigned the general duties
and responsibilities of supervising and administering the provisions of this chapter. The responsibility of
purchasing administrator is designated to the finance director. [These functions are under the purview of
the Finance Director]
Using department means any department, division, bureau, council, board, authority, task force or
other unit of the city government that uses goods and services to carry out the duties and responsibilities
of such functions and for which financial appropriations have been made by the governing authority.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-402. - Purchasing functions and purchasing administrator.
The Finance Director as the purchasing administrator shall administer the policies, regulations, and
procedures governing the purchase of all goods and services for the city. The Finance Director
purchasing administrator shall exercise general supervision of all functions pertaining to purchasing,
subject to the review of the finance committee and mayor and council of the city.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-403. - Duties of finance director as purchasing administrator.
The purchasing administrator shall have the following authority, responsibility and duties:
(1) To carry out the policies, regulations and procedures for purchasing all goods and services
required by the using agencies of the city pursuant to the provisions of this chapter, and other
directives of the governing authority or the city manager not in conflict with this chapter.
(2) To obtain the highest quality of goods and services for the most economical costs which will
provide the most effective operations of the city.
(3) To discourage restrictive bidding and specifications and to promote open competition.
(4) To maintain up-to-date files of all vendors known to the governing authority who are reputable
and responsible vendors of goods and services, prices and discounts as may be available.
(5) To establish a standard uniform list of nomenclature of all goods and services regularly used by
the city, to be distributed to all using agencies and suppliers, in order to achieve uniformity of
common purchases among the various using agencies.
Page 18

(6) To take advantage of all exemptions, discounts and special offers to which the city may be
entitled, to ensure the most economical purchase without sacrificing quality, including the
availability of "bulk" purchases.
(7) To ensure that all purchases are in compliance with the city's budgeting and accounting policies
and procedures.
(8) To develop and prescribe such forms as may be necessary to effectively and efficiently carry
out the purchasing procedures of the city and to require that such forms be utilized by all using
agencies.
(9) To ensure that all goods and services purchased by the city are properly received and are
representative of and in accordance with the prescribed terms and specifications of the
purchase agreement.
(10) With the approval of the city manager, to declare ineligible any vendor that misrepresents or
defaults on any quotation, bid or purchase agreement with the city and to disqualify such vendor
from doing further business with the city for a specified period of time.
(11) To promulgate policies and procedures, with the advice and approval of the city manager, to
administer and carry out the provisions of this chapter or other policies established by the city
pertaining to governmental purchases, and to develop and maintain a uniform purchasing
manual which shall include all such policies and procedures to be followed by all using
agencies.
(12) To prepare and submit reports on the purchasing activities of the city in a manner to be
prescribed by the city manager, finance committee and/or mayor and council.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-404. - Committee on standards and specificationsEstablished; members; meetings;

authority.
There is hereby established a committee on standards and specifications which shall include the city
manager, or designee, as chairman and other such government officers and department directors as
determined and appointed by the city manager. The purchasing administrator shall serve as an ex officio
member and secretary to the committee. The committee shall hold such meetings from time to time as
deemed necessary by the city manager and shall be authorized to enlist the advice and assistance of any
other government officer, employee, specialist or technician as may be deemed appropriate to carry out
the duties and responsibilities of the committee. [Recommend delete this section]
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-405. - SameDuties.
The duties and responsibilities of the committee on standards and specifications shall be as follows:
(1) To review purchasing policies and procedures to ensure that the process of acquisition of goods
and services is carried out effectively.
(2) To review the classification of all goods and services commonly used by each using
department.
(3) To review and approve standard minimum specifications for all like goods and services
commonly used by all using agencies striving to meet the common needs of the majority of such
agencies.
Page 19

(4) To review and approve standard minimum qualities, quantities, sizes and varieties of goods and
services to be purchased by the city consistent with the desired efficiency of governmental
operations, the particular needs of a using department and the provisions of this chapter.
(5) To ensure that all standards and specifications are reasonable, nonrestrictive and certain to
promote open competition among vendors.
(6) To review special needs of any using department to identify noncompetitive types and kinds of
goods and services and to exempt such items from the list of standard purchases. Any such
exemption shall include documentation of the reasons for the exemption.
(7) To periodically review the standards and specifications, or exemptions, established by the
committee and to promptly provide any additions, deletions or other changes and to avoid
unnecessary delays in the purchasing process. [Delete pull much of this from the Code and
place in Purchase Manual, subject to annual review by Council]
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-406. - Applicability of standards.
Each standard specification, until revised or rescinded, shall apply alike in terms and effect to the
purchase or contract for the item or service described in such specifications. However, if any item
requested by a using department is not on the standard list or listed as an exemption, the purchasing
division administrator shall be authorized to exempt the item based on sufficient justification being
provided by the requesting using department.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-407. - Substitution for brand names.
If a requisition is submitted for a "brand name" item or service, the purchasing administrator shall
notify the requesting department of acceptable and approved comparable goods or services which meet
the requirements of the specifications. The department director and the purchasing administrator shall
jointly decide on the items to be purchased.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-408. - Uniform purchasing manual.
The uniform purchasing manual shall include a step-by-step description of the proper policies and
procedures for purchasing goods and services, samples of all forms used in the purchasing process, and
a clearly defined explanation of the proper use of such forms and procedures.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-409. - Purchase orders.
Except as otherwise provided herein, all purchases for goods and services for the city shall be on an
official city purchase order.
( Ord. No. 15-2015, 1, 5-28-2015 )
Page 20

Sec. 2-410. - Budget review prior to issuing purchase orders.
Except as otherwise provided for in emergencies, no purchase order shall be issued unless there is
a sufficient unencumbered appropriation, in excess of all unpaid obligations, of the using department to
cover the amount of such purchase.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-411. - Sole-source purchases.
The city manager shall be authorized to designate a sole source for any item or service, the
purchase of which, due to special scientific, technology or extraordinary specifications and circumstances,
is available from only one vendor. Any such purchase shall be documented as to the reasons for the sole
source and shall be maintained in the office of the purchasing division.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-412. - Award of contracts.
The city manager shall be authorized to award a contract for purchase of goods and services to the
lowest, best and most responsible bidder or vendor when approved in the budget or approved project
resolution up to $19,999.99. The city manager shall be authorized to delegate authority to award
contracts more than $1,000.00 and less than $3,000.00 to the purchasing administrator. The approval of
the mayor and council shall be required before the award of a contract over $10,000.00 that is in excess
of the budget or approved project resolution. The mayor and council shall approve all contracts
$20,000.00 or above. The city manager shall report all contracts awarded above $10,000.00 to the mayor
and council for information. Should any question or discrepancy arise in any bid or contract, the
disposition of such purchase shall be determined by the city manager.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-413. - Competitive quotations for bids over $20,000.00.
Competitive quotations for bids over $20,000.00 shall [be] awarded by competitive sealed bidding
except as provided in sections regarding competitive sealed proposals, small purchases, sole source
procurement, and emergency procurement.
(1) Invitation for bid. An invitation for bid shall be issued and shall include specifications and all
contractual terms and conditions applicable to the procurement.
(2) Public notice. Public notice of the invitation for bid shall be given not less than 15 calendar days
prior to the date set forth therein for the opening for bids. Such notice shall state the place, date,
and time of bid opening. Such notice shall be published in the legal organ of the county, or on
the city's website, and be posted conspicuously at city hall.
(3) Bid tendering. All bids shall be tendered to the city official stated in the bid documents. If no
person is identified, then the bids shall be tendered to the clerk of council.
(4) Bid opening. Bids shall be opened publicly in the presence of two or more witnesses at the time
and place designated in the invitation for bid. There shall be no discussion during the bid
opening.
(5) Bid tabulation. The bids shall be tabulated and ranked on a bid tabulation sheet and
immediately posted at city hall or on the city's website.
(6) Award. The award shall be made to the lowest responsible and responsive bidder.
Page 21

When it is determined that the use of competitive sealed bidding is either not practicable or not
advantageous to the city, a contract may be entered into by use of the competitive sealed proposals
method.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-414. - Competitive quotations for proposals over $20,000.00.
Unless otherwise required by other applicable law, and when it is determined that the use of
competitive sealed bidding is either not practicable or not advantageous to the city, any supply, material
or contractual service to be purchased by the city which has an estimated cost of $20,000.00 or more
may be entered into by use of the competitive sealed proposals method.
(1) Request for proposals. Proposals shall be solicited through a request for proposals.
(2) Public notice. Public notice of not less than 15 calendar days shall be given for request for
proposals in the same manner as provided for competitive sealed bidding.
(3) Evaluation factors. The request for proposals shall state the relative importance of price and
other evaluation factors.
(4) Receipt of proposals. All proposals shall be delivered and maintained by the city official named
in the request, otherwise to the clerk of council, until the advertised opening date and time. No
proposals shall be handled so as to permit disclosure of the contents of any proposal to
competing offerors during the process of negotiation. A register of proposals shall be prepared
containing the name of each offeror, the number of modifications received, if any, and a
description sufficient to identify the item offered. The register of proposals shall be open for
public inspection only after contract award.
(5) Discussion with responsible offerors and revisions to proposals. As provided in the request for
proposals, no discussions may be conducted with responsible offerors who submit proposals.
Offerors shall be accorded fair and equal treatment with respect to any opportunity for
discussion and revision of proposals, and such revisions may be permitted after submissions
and prior to award for the purpose of obtaining best and final offers. In conducting discussions,
there shall be no disclosure of any information derived from proposals submitted by competing
offerors. Offerors who speak to city officials other than those specified in the request will have
their quotations disqualified. [To strengthen the prohibition on speaking to city officials about
proposals and quotes]
(6) Tabulation of proposals. The proposals shall be tabulated and ranked on a proposal tabulation
sheet. After an award has been made and a contract entered, the proposal tabulation sheet
shall be immediately posted at city hall or on the city's website. [Question for Bubba: we do not
do this immediately. Do we change procedure or change wording here?]
(7) Award. An award will be made to the responsible offeror whose proposal is determined to be
the most advantageous to the city, taking into consideration price and the evaluation factors set
forth in the request for proposals. No other factors or criteria will be used in the evaluation. The
contract file shall contain the basis on which the award is made.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-415. - Competitive quotations under $19,999.99.
Unless otherwise required by law, or by the mayor and council or city manager, any supply, material
or contractual service to be purchased by the city which has an estimated cost of not less than $1,000.00
and not more than $19,999.99 shall be purchased on the open market without regard for advertising.
Page 22

Unless impossible to secure enough quotes, upon the receipt of documented written price quotations
from at least three reputable vendors, the purchasing administrator shall award the contract.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-416. - Small purchases; purchases of less than $1,000.00.
Any supply, materials or contractual service which has an estimated cost of less than $1,000.00 may
be purchased from any approved vendor recommended by the using department or, in the absence of
such recommendation, from any approved vendor selected by the purchasing administrator. Each such
purchase shall be authorized by the head of the using department.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-417. - Rejection of bids, proposals or quotations.
The city manager shall be authorized to reject any or all bids, in whole or in part, when in his or her
judgment the terms, conditions or specifications received are not in compliance with those in the city
bid/proposal solicitation. In such event, the city manager shall document the circumstances of such
rejection and reissue the solicitation as he or she deems appropriate.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-418. - Emergency purchases.
The city manager shall be authorized to waive any or all bidding requirements for the purchase of
necessary goods or services whenever an emergency condition exists which presents a threat to the
safety, health and welfare of the citizens of the city and whenever such requirements would cause undue
delay in the delivery of essential services under such conditions.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-419. - Deposits; bid bonds; security.
Bid security, performance and/or payment bonds, or other security may be required for contracts and
bids as the purchasing administrator or city manager deems advisable. Any such bonding requirements
shall be set forth in the solicitation. Bid security, performance and/or payment bonds, or other security
shall not be used as a substitute for a determination of a bidder's or offeror's responsibility. No bid shall
be read aloud or considered when a bid security specified in the solicitation has not been provided. Notice
of a bond or deposit shall be included in the public notice and bidding specifications. Contracts over
$100,000.00 shall require a bid bond or deposit. Such bond or deposit shall not exceed 100 percent of the
bid amount.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-420. - Vendors in default.
The purchasing administrator shall not accept any bid or quotation from nor issue any purchase
order to any vendor or contractor that is in default on the payment of any taxes, license fees or other
monies due the city.
Page 23

( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-421. - Records to be maintained.
A record and description of all requisitions, competitive bids and quotations, purchase orders,
receiving reports and other pertinent documentation of purchasing shall be maintained by the purchasing
administrator in accordance with regulations and procedures prescribed in the purchasing manual and
shall be public record.
( Ord. No. 15-2015, 1, 5-28-2015 )
Sec. 2-422. - Vendors' appeals.
Any person who is aggrieved by the recommendation of the city manager or other agent of the city to
award a contract may appeal to the city manager, then to the mayor and city council.
Following receipt of a protest, within seven business days the city manager shall issue an opinion,
either upholding the recommendation, rescinding the recommendation, or such other action as authorized
by law. In the event the protestor is still in disagreement with the city manager, the protestor may file an
appeal directly to the mayor and city council by filing a written notice of appeal of protest decision with the
clerk of council. The hearing before the mayor and city council shall be a de novo appeal.
( Ord. No. 15-2015, 1, 5-28-2015 )
Page 24
Chapter 6
Chapter 6 - ALCOHOLIC BEVERAGES
Sec. 6-1. - Business hours specified; responsibility for compliance.
(a) The mayor and council of the city, in adopting this section decree that the provisions, rules and
regulations herein shall be applicable to all establishments and bars [terms not defined
throughout this Chapter] within the limits of the municipality; shall control and govern the operation
of those establishments, shall be reduced to written form, distributed and served on all licensees of
such establishments within the city, and the violation of any such provisions, rules and regulations
shall be subject to the penalty herein prescribed.
(b) The following rules and regulations shall apply for the retail sale of alcoholic beverages, fortified
wine, malt beverages, distilled spirits or spirituous liquors [not defined and not consistently
applied throughout the Chapter] for beverage purposes by the drink. These sales are for
consumption on the premises only [should include reference to carry out in accordance with
6-8?]:
(1) It shall be unlawful for any person or business [definition, and why person?] to sell, offer
to sell, give away or otherwise dispense any for beverage purposes by the drink for
consumption on the premises (as those terms are defined by O.C.G.A. 3-1-2) during the
following times, except as provided in subsection (b)(3) of this section:
a. Sunday: 2:56 a.m. to 12:01 a.m. Monday;
b. Monday: 3:01 a.m. to 9:00 a.m. Monday;
c. Tuesday: 3:01 a.m. to 9:00 a.m. Tuesday;
d. Wednesday: 3:01 a.m. to 9:00 a.m. Wednesday;
e. Thursday: 3:01 a.m. to 9:00 a.m. Thursday;
f. Friday: 3:01 a.m. to 9:00 a.m. Friday;
g. Saturday: 3:01 a.m. to 9:00 a.m. Saturday.
Within 15 minutes following the closing times described above, said business will be vacated by
all persons not currently employed by that business, and those employees who remain shall be
engaged in the activities necessary for closing, such as cleaning and closing of the cash
register, and shall have on them suitable picture identification, such as a city-issued bar card,
attesting to that fact.
(2) Said business will close and shall not open and operate between the hours of 2:56 a.m. on
Sunday and 9:00 a.m. on Monday of each week.
(3) Any licensed eating establishment which derives at least 50 percent of its total annual gross
food and beverage sales from the sale of prepared meals or food is allowed to open for the sale
of distilled spirits, malt beverages or wine [definitional consistency] for consumption only
on the premises on Sunday between the hours of 12:30 p.m. and 12:00 midnight.
(4) Any licensed eating establishment referred to herein shall have an area specifically designed,
set aside, set up and operating to serve meals and foods on the premises and shall have a fully
equipped commercial kitchen, to include an appropriate stove, refrigerator, food preparation
area, sink, and other items required by the county health department for the preparation of
foods, and such commercial kitchen shall meet all of the requirements set forth by the county
health department. Further, any licensed eating establishment referred to herein shall have a
printed or posted menu from which selection of prepared meals can be made.
(5) The intent of this section is to allow those full-service restaurants that serve the public
as part of this city's tourism business and as part of this community's local citizens'
service to serve alcoholic beverages with the meals on Sunday. It is not the intent of this
section to encourage or to permit neighborhood taverns and bars to serve alcoholic
beverages on Sunday via the mechanism of serving incidental meals on Sunday.
[Recommend delete since covered by 6-1(b)(3) above the 50% rule.]
(6) Any licensed eating establishment as described herein, shall only sell or serve distilled spirits,
malt beverages or wine during those hours on Sunday in which such sales are otherwise
permissible and during which such licensed eating establishment has its food service operation
open, operating and serving meals or available for serving meals with a full selection of menu
items and prepared meals.
(Code 1983, 9-2-1)
Sec. 6-2. - B-girl drinking or B-drinking.

It shall be unlawful for any person who is an employee of any licensee within the municipality
or any other person to engage in any activity generally known as "B-girl drinking" or "B-drinking,"
that is the solicitation of alcoholic beverages or distilled spirits for public consumption by the
employee or any other person and it shall be further unlawful to dispense or consume any
beverage under the pretense that it is alcoholic beverages or distilled spirits for public
consumption by an employee on the premises, or any other person within licensee's
establishment. [Recommend delete as outdated]
(Code 1983, 9-2-3)
Sec. 6-3. - Gambling, prostitution, pimping, etc., prohibited.

It shall be unlawful for any owner, operator, employee or any other person to engage in
gambling, keeping a gambling place or possession of a gambling device or equipment,
prostitution, pimping or keeping a place of prostitution within licensee's establishment, and it
shall also be unlawful for an owner, operator, employee or any other person within the
establishment of licensee. The terms "gambling," "prostitution," "pimping," or "keeping a place of
prostitution" shall be defined as set forth by law. Any person, owner, operator or employee so
convicted of any illegal activity shall be subject to the penalties herein provided in addition to any
other penalty provided by law, code or ordinance. [Recommend delete as is covered by State Law]
(Code 1983, 9-2-4)
Sec. 6-4. - Responsibility and penalty for violations.

The mayor and council adopt all laws, rules and regulations as set forth in state laws. Any person
convicted of violating any of the provisions of this article shall be fined in a sum not exceeding $100.00
[$1,000.00]or to be imprisoned not exceeding 30 days, either or both, or any portion of either or both in
the discretion of the judge, and further, upon the conviction of any holder of any alcoholic beverage
license for violation of this article, the mayor and council in their discretion, if they see fit and proper, shall
be authorized to revoke the license of said person.
(Code 1983, 9-2-5)
Sec. 6-5. - Reporting to police departmentLicensee.

(a) Prior to or at the time of submitting an application, the applicant for a license or permit issued under
the terms of this article and the owner of the proposed business shall submit themselves to the
police department for fingerprinting.
(b) It shall be unlawful for any person or the holder of any wholesale liquor, beer or wine licenses or the
holder of any retail liquor, beer or wine licenses to operate there-under [typo] any place of business
without having a registration card signed by the chief of police.
(Code 1983, 9-2-6)
Sec. 6-6. - SameEmployees.

(a) All employees shall within 72 hours after the date of their first work in an establishment covered
under the terms of this article report to the police department for the purpose of being fingerprinted.
(b) The chief of police shall furnish to each qualified employee an identification card with pertinent
information thereon relating to the height, weight, hair color, eye color, date of birth, social security
number, photograph of the holder of such identification card. A fee in the amount of $10.00 shall be
charged for the preparation of such identification card. It shall be the responsibility of the employer to
see that the employees are carrying with them an identification card at all times they are working.
Said identification card will expire on December 31 of each year, and the employee must renew said
identification card, and said card must, at all times, be in the possession of such person affected
hereunder for him to be eligible to engage in such business.
(Code 1983, 9-2-7)
Sec. 6-7. - SameNotice of employee terminations.

It shall be unlawful for the holder of any bar identification card set forth in section 6-6 to fail
to notify the chief of police or his representative when transferring from the place of employment
shown on the bar registration card to another place of employment requiring a bar identification
card under this article. [Recommend delete to reflect common practice and many employees work
at multiple locations]
(Code 1983, 9-2-8)
Sec. 6-8. - Consumption of alcoholic beverages in public areas.

(a) Except as specifically authorized herein, the consumption of alcoholic beverages in public areas
including in parking lots, sidewalks, walkways, or public beaches of the city shall be prohibited.
Alcoholic beverages may be consumed from a metal can or a non-glass [non-glass] cup with a
capacity of 25.4 [18] fluid ounces or less, in public areas; however, the mayor and council may
designate areas of public property where all consumption of alcohol is prohibited and/or may limit the
type of containers that are prohibited or permissible in any particular areas of the city by amendment
hereto or in connection with the approval of any special event or application for a special event.
(b) Any person violating any provisions, rules or regulations of this article, upon conviction, shall be
subject to punishment as provided in Section 1-8 and as provided by law.
(Code 1983, 9-2-9; Ord. No. 12-2013-D, 1, 4-11-2013)
Sec. 6-9. - Prohibitions applicable to minors.

(a) It shall be unlawful for any person under the age of 21 to buy from any person spirituous, malt or
vinous liquors or any intoxicants.
(b) It shall be unlawful for any person under the age of 21 to drink or possess any alcoholic beverages
or any other intoxicants except as expressly authorized by state law.
(c) No person under 21 shall misrepresent such person's age in any manner whatsoever for the purpose
of obtaining illegally any spirituous, malt or vinous liquors or any intoxicants.
(d) It shall be unlawful for any person to assist any person under the age of 21 in any way in buying from
any person any spirituous, malt, or vinous liquors or any intoxicants.
(e) No person knowingly, directly or through another person, shall furnish, cause to be
furnished, or permit any person in such person's employ to furnish any spirituous, malt or
vinous liquors or any intoxicants [definitional consistency] unless prior to such furnishings,
such person has demanded and been presented with proper identification verifying that the
person to whom the spirituous, malt or vinous liquors or intoxicants are sold or otherwise
furnished, is 21 years of age. Proper identification means any document issued by a
governmental agency containing a description of the person, a person's photograph, or both
and giving such person's date of birth, and to include, without being limited to, a passport,
military ID, driver's license, or an identification card authorized under O.C.G.A. 40-5-104. It
shall not include a birth certificate. [Why is this this here? Is it a reflection of County or State
ordinance? Not consistently applied]
(Code 1983, 9-2-10; Ord. of 4-9-2009)
Sec. 6-10. - Minors on premises where alcohol is sold/consumed.

It shall be unlawful for any person who has not reached the age of 18 years to be permitted to
remain in a bar or cocktail lounge [definition?] while selling and consumption of alcoholic
beverages is permitted. [Needs better specificity. Does this relate to establishments with 50% or
more revenue from food? Not consistently applied]
(Code 1983, 9-2-10D)
Sec. 6-11. - Regulation of sales by the drink.

Any person issued a permit under the provisions of this article for the sale of alcoholic beverages by
the drink shall be subject to the following regulations, to wit:
(1) (a)All of the laws of the state pertaining to the sale of alcoholic beverages by retail liquor dealers.
(2) (b)Shall not serve or sell to any intoxicated person.
(3) (c)Shall not serve or sell to any minor.
(4)(d) Shall keep their place of business or establishment sufficiently lighted [definition?]to
discourage any disorderly conduct on the premises.
(5) (e)The mayor and council reserve the right to promulgate additional regulations or ordinances
pertaining to the conduct of the business of selling distilled spirits or alcoholic beverages for
beverage purposes by the drink and any person licensed hereunder shall be subject to such
additional regulations that may be promulgated from time to time by the mayor and council.
(6) (f)All establishments duly licensed hereunder must fully comply with all sanitary requirements
[there currently arent any but could be in the future] promulgated by the city.
(7) (g)All musical units or amusement machines installed in any establishments licensed
hereunder must be properly registered with the clerk of council. [Delete ]
(8) (h)All transactions conducted on the premises of any establishment licensed hereunder involving
the sale or transfer of alcoholic beverages must be for cash or its equivalent. Credit
transactions are declared to be illegal. [Assume this refers to a tab or credit extending
over a period of time, which is illegal by state law, and not a credit card charge. Delete]
(Code 1983, 9-2-24)
Sec. 6-12. - Liquor prohibited at special events.

Except as expressly permitted by the mayor and council for special events on private property, no
liquor [definition] may be sold, poured, or distributed at special events as provided in sections 54-70 et
seq. of this Code. [54-70 refers to Special Events Ordinance as part of Chapter 54 - Streets,
Sidewalks and Other Public Places]
(Ord. of 4-10-2008(2); Ord. of 9-25-2008(1))

ARTICLE II. - LIQUOR PERMITS

Sec. 6-48. - Application for license for liquor sales.
Every person engaged within the city limits or that is engaged hereafter, intending to carry on any
one or more such business shall, before engaging or continuing in said business, file with the city an
application for permit or license to conduct and carry on such business; said application shall set forth the
location of the building where such business is to be conducted.
(Code 1983, 9-2-21)
Sec. 6-49. - Issuance of license.

(a) The city shall grant a license or permit hereunder when the same is found to be in the public interest
and general welfare of the citizens of the city. All persons to whom such permit or license shall be
issued shall take such permit or license subject to the same being revoked at any time as herein
provided; such permit shall not be transferred. Permits or licenses so granted shall expire at the end
of each calendar year, and may be renewed only in the manner and form as provided for originally
granting permits and licenses.
(b) The city, in determining whether or not any license or permit applied for hereunder shall be
granted, shall consider the following standards as indicative of whether or not the granting of
said license or permit is in the public interest and general welfare:
(1) The applicant's reputation, character and mental and physical capacity to conduct a
business engaged in the sale of alcoholic beverages;
(2) The location for which the license is sought as to traffic congestion, general character of
neighborhood, and the effect such an establishment would have on the adjacent and
surrounding property values;
(3) The number of licenses previously granted for similar businesses in the trading area of
the place for which the license is sought; [Note if not deleted, define trading area]
(4) The proximity of the location of said establishment to schools, churches, libraries and
other public buildings in the surrounding area;
(5) If applicant is a previous holder of a license to sell alcoholic liquors, whether or not the
applicant or his establishment has violated any law, regulation or ordinance relating to
such business; and [Note if not deleted, add conviction in place of violation]
(6) If applicant was a previous holder of a license to sell alcoholic liquors, the manner in
which business was conducted thereunder requiring unusual police observation and
inspection including the number and frequency of complaints filed by citizens objecting
to the manner of conducting business at said location. [Recommend delete and allow 6-
49 (a) to govern.]
(c) The mayor and council may delegate, by resolution, to the city manager, the authority to
issue temporary alcoholic beverage permits for special events. [Recommend delete not an
accepted practice to delegate this authority]
(Code 1983, 9-2-22)
Sec. 6-50. - License fees.

Every person engaged in, or who shall offer to engage in, or transact, or offering to transact, any of
the kinds of business provided for in this chapter, shall pay the license fees provided for in chapter 58.
(Code 1983, 9-2-23)
Sec. 6-51. - Transferability of license.

No license for the sale of alcoholic beverages shall be transferable, except as otherwise provided
herein.
(1) (a)In the case of the death of a licensee, the establishment shall be allowed to continue to sell
alcoholic beverages for a period of 45 days from the date of death or until expiration of the
license, or until approval of new licensee, whichever shall first occur. Provided [occur,
provided]that no sale of alcoholic beverages shall be allowed until such time as a personal
representative of the estate, appointed by a probate court of competent jurisdiction, shall make
application for authorization with the city.
(2) (b)In the event that a license is surrendered, or a licensee severs his association with a licensed
establishment, the establishment may continue to sell alcoholic beverages for a period of 45
days from the date of surrender, or from the date determined by the city to be the date of
severance. Provided, no such sale shall be authorized until such time as a new application for a
license is made, said application indicating that no change in ownership has occurred, except
as provided herein. Upon approval by the mayor and council, a new license shall be issued. A
regulatory transfer fee of $500.00 shall be paid. No additional regulatory fee shall be required
during the period for which the original license was issued.
(3) (c)Nothing in this section shall prohibit one or more of the partnership holding a license to
withdraw from the partnership in favor of one or more of the partners who were partners at the
time of the issuance of the license. This section shall not prohibit the transfer of stock between
persons who held stock in the corporation at the time of issuance of the license, nor shall it
prohibit transfers of stock which do not result in any person increasing his stock holdings
to a total of ten percent or more of any class of stock. [purpose of 10% limit?
Recommend delete]
(4) (d)Except as provided above, any change in the ownership of the entity owning a licensed
establishment shall cancel and revoke any license hereunder automatically, without the
necessity of any hearing.
(5) (e)Violation of this section shall result in revocation of the license being used, and a fine on the
new ownership and the old ownership of not less than $300.00 and/or 30 days in jail. No license
will be issued to the old or new owner within the city limits for a period of one year from the date
of violation.
(Code 1983, 9-2-23.1)
Sec. 6-52. - Revocation of license or permit.

(a) Grounds. The following shall be grounds for revocation of all alcoholic beverage licenses:
(1) Failure of wholesaler or retailer to pay license or excise taxes.
(2) Commission of any act in violation of the federal, state or local law or ordinances which would
disqualify a person from obtaining a license.
(3) Selling, distributing or buying alcoholic beverages on which no local or state tax has been paid.
(4) Commission of any acts in violation of federal, state or local laws or ordinances or running of a
licensed business where such violations frequently or regularly occur so as to cause the chief of
police to recommend a revocation of the license.
(5) The change in any circumstances of any licensee in such way that had such circumstance
existed when the application was filed, a license would not have been granted.
(6) Any recurrent breaches of the peace, disturbances or altercations occurring on licensed
premises or the failure of the licensee or his employees promptly to report to the chief of police
any violation of the laws or ordinances governing the licensing and sale of beer, wine or
alcoholic beverages of which he has knowledge.
(7) Any conduct on the part of the license holder or his employees contrary to the public health,
safety, health or morals of the city's citizens.
(8) Failure to abide by any of the provisions of this chapter.
(b) Procedures. The following procedures shall be followed in revoking all permits granted hereunder:
(1) Notice shall be given to the holder of a permit at least five days in advance that the mayor and
council will hear a recommendation that the license be revoked, and this notice shall include the
specific grounds on which this recommendation to the mayor and council will be made.
(2) The clerk of council shall notify the permit holder and the chief of police as to the time that a
recommendation for revocation will be heard.
(3) The mayor and council shall hear a recommendation for revocation at one of its regular
meetings or at a special meeting where notice has been given as required herein at which time
the holder of said permit and any other interested parties will be heard.
(4) No permit shall be revoked until a majority of the mayor and council so decide at the time of or
subsequent to the hearing on the recommendation for revocation.
(Code 1983, 9-2-25)

ARTICLE III. - MALT BEVERAGE LICENSES AND PERMITS

Sec. 6-88. - Application required.
Every person engaged within the city limits in carrying on the business of handling or selling malt
beverages, as allowed by the act of the state legislature approved March 23, 1985 (known as the
Beer License Act) [What is the history of the Beer Licensing Act and does it pertain as well to wine
and liquors?], at wholesale, or retail, and every person hereafter intending to carry on such business in
said city, as aforesaid, shall before continuing said business, or engaging therein, file with the clerk of the
city an application for a permit to conduct and carry on such business; said application shall set forth the
location and building where such business is being conducted or is to be conducted.
(Code 1983, 9-2-31)
Sec. 6-89. - Issuance.

(a) The city shall grant a license or permit hereunder when the same is found to be in the public interest
and general welfare of the citizens of the city. All persons to whom such permit or license shall be
issued shall take such permit or license subject to the same being revoked at any time as herein
provided; such permit shall not be transferable. Permits or licenses so granted shall expire at the end
of each calendar year, and may be renewed only in the manner and form as provided in this article
for the ordinal granting of permits and licenses.
(b) The city, in determining whether or not any license or permit applied for hereunder shall be granted,
shall consider the following standards as indicative or whether or not the granting of said license or
permit is in the public interest and general welfare:
(1) The applicant's reputation, character and mental and physical capacity to conduct a business
engaged in the sale of malt beverages;
(2) The location for which the license is sought relative to traffic congestion, general character of
the neighborhood and the effect such as establishment would have on the adjacent and
surrounding property value;
(3) The number of licenses previously granted for similar businesses in the trading area of the
place for which the license is sought;
(4) The proximity of the location of said establishment to schools, churches, libraries and other
public buildings in the surrounding area;
(5) If applicant is a previous holder of a license to sell malt beverages, whether or not the applicant
or his establishment has violated any law, regulation or ordinance relating to such business; and
(6) If applicant is a previous holder of a license to sell malt beverages, the manner in which
business was conducted thereunder requiring unusual police observation and inspection
including the number and frequency of complaints filed by citizens objecting to the manner of
conducting business at said location.
(Code 1983, 9-2-32)
Sec. 6-90. - License fees.

Every person engaged in, or who shall offer to engage in, or transact, or offering to transact, any of
the kinds of business provided for in this chapter shall pay the license fees provided for and previously
adopted by ordinance or license fee schedule.
(Code 1983, 9-2-33)
Sec. 6-91. - Rules and regulations.

The following rules and regulations are established and shall govern the conduct and operation of
every such place of business and of every person owning and operating such place of business:
(1) (a)No malt beverages provided for in the article shall be kept for sale, or given away, in any
building, storehouse, place of business, or vehicle located within 100 yards of any school
ground or college campus.
(2) (b)All boisterous, noisy and disorderly conduct in any place of business, or other place where the
beverages provided for in this article are permitted to be sold, is expressly forbidden by this
article, and every person conducting any place of business for which a permit or license has
been granted and for which the license fee has been paid shall be subject to have the permit or
license revoked, in the manner provided for in this article, for permitting any such boisterous,
noisy, or disorderly conduct in such place of business.
(3) (c)All health ordinances and regulations of the city relative to the dispensing, sale, and handling
of foods, as well as to the place of business where the foods are dispensed, and to the persons
in attendance who handle, sell or dispense such beverages, especially any and all state laws
pertaining to cleanliness and sanitary conditions including odors, and storing of garbage in
closed containers for the protection of the health of said community; all establishments duly
licensed hereunder must fully comply with all sanitary requirements promulgated by the county
health department.
(4)(d)All musical units or amusement machines installed in any establishment licensed
hereunder must be properly registered with the office of the clerk of the city.
[Recommend delete, consistent with Section 6-11(g)]
(5) (e)All transactions conducted on the premises of any establishment licensed hereunder involving
the sale or transfer of malt beverages must be for cash or its equivalent. Credit transactions
are declared to be illegal. [See comment 6-11(h)]
(Code 1983, 9-2-34)
Sec. 6-92. - Revocation of permit.

(a) Grounds. The following shall be grounds for revocation of all malt beverage licenses [just beer?
not wine and liquor?]:
(1) Failure of wholesaler or retailer to pay license or excise taxes.
(2) Commission of any act in violation of the federal, state or local laws or ordinances which would
disqualify a person from obtaining a license.
(3) Selling, distributing or buying malt beverages on which no local or state tax has been paid.
(4) Commission of any acts in violation of federal, state or local laws or ordinances or running of a
licensed business where such violations frequently or regularly occur so as to cause the chief of
police to recommend a revocation of the license.
(5) The change in any circumstances of any licensee in such way that had such circumstances
existed when the application was filed, a license would not have been granted.
(6) Any recurrent breaches of the peace, disturbances or altercations occurring on licensed
premises or the failure of the licensee or his employees promptly to report to the chief of police
any violation of the laws or ordinances governing the licensing and sale of beer, wine or
alcoholic beverages of which he has knowledge.
(7) Any conduct on the part of the license holder or his employees contrary to the public health,
safety, health or morals of the city's citizens.
(8) Failure to abide by any of the provisions of this article.
(b) Procedures. The following procedures shall be followed in revoking all permits granted hereunder:
(1) Notice shall be given to the holder of a permit at least five days in advance that the mayor and
council will hear a recommendation that the license be revoked, and this notice shall include the
specific grounds on which this recommendation to the mayor and council will be made.
(2) The clerk of council shall notify the permit holder, and the chief of police of the time that a
recommendation for revocation will be heard.
(3) The mayor and council shall hear a recommendation for revocation at one of its regular
meetings or at a special meeting where notice has been given as required herein at which time
the holder of said permit and any other interested parties will be heard.
(4) No permit shall be revoked until a majority of the mayor and council so decide at the time of or
subsequent to the hearing on the recommendation for revocation.
(Code 1983, 9-2-35)
Sec. 6-93. - Prosecution of violators.

For the purposes of prosecution of violators of this article, each and every violation of every separate
section hereof shall be considered a separate offense.
(Code 1983, 9-2-36)
ARTICLE IV. - SUNDAY RETAIL SALES

Sec. 6-111. - Hours allowed for Sunday sales.
Properly licensed retailers of malt beverages, wine and distilled spirits are authorized to engage in
and conduct sales of malt beverages, wine and distilled spirits on Sundays between the hours of 12:30
p.m. and 11:30 p.m.
(Ord. No. 50-2011, 12-

Chapter 10
Chapter 10 - ANIMALS[1]

Footnotes:
--- (1) ---
Editor's note Ord. of July 12, 2007, amended Ch. 10 in its entirety to read as herein set out. Former
Ch. 10, 10-110-58, pertained to similar subject matter and derived from Code 1970, 4-14-7;
Code 1983, 4-4-14-4-7, 4-4-9, 4-4-114-4-14, 4-4-214-4-28b, 4-4-32, 4-4-33; Ord. No. 2005-
11C, adopted June 21, 2005; and Ord. of Oct. 12, 2006.

The following definitions shall apply in the interpretations and enforcement of this chapter:
Animals shall mean horses, ponies, mules, cattle, sheep, goats, swine, dogs, cats, domestic rabbits,
guinea pigs, hamsters and similar animals.
Dog park is an authorized public fenced facility where dogs are allowed to be unleashed.
Enclosures shall mean any uncovered enclosed parcel of land where animals or fowl are kept.
Fowl shall mean chickens, turkeys, geese, ducks, pigeons and similar fowl.
Health officer shall mean the commissioner of health of Chatham County Public Health
Administrator or his authorized representative.
Housing shall mean any building, shed, cage, pen or similar structure used for the housing of
animals and fowl.
Nuisance shall mean whatever is dangerous or detrimental to human life, welfare or health and
whatever renders or tends to render soil, air, water or food impure or unwholesome.
Person means any person, firm, partnership, corporation, association or agency.
Pet means a domesticated animal kept for pleasure rather than utility.
Poison is a substance that through its chemical action usually kills, injures, or impairs an organism.
(Ord. of 7-12-2007)
Sec. 10-2. - Restriction on dogs running at large.

(a) It shall be unlawful for any dog to be on public streets, lanes, highways, roads, parks, beaches, or
other public property of the city or loose on vacant lots or unenclosed lots so that the dog may freely
have access to such property, unless that dog is held firmly on a leash held by a person or is firmly
under the control of the person or is confined within an authorized dog park of the city. It shall
be the duty of any owner or possessor or any person who harbors or keeps any dog to confine
securely the same within the limits of the owner's premises and not to permit that dog to run or have
access to run the public streets, lanes, highways, roads, parks, beaches, or other public property or
other peoples property except as set forth above.
(b) All pets, whether or not on a leash shall be prohibited on the beach under subsection 12-1(a)(4).
[Recommend inserting language regarding ADA Service Animals following is excerpted from the
US Dept of Justice, Civil Rights Division, Disability Rights Section 2010 Revised
Requirements regarding Service Animals:

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with dis-
abilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf,
pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental
illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an
anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a
dog has been trained to provide must be directly related to the persons disability. Dogs whose sole function is
to provide comfort or emotional support do not qualify as service animals under the ADA.

(c) The owner or person in charge of any such dog shall be fined or imprisoned or both as otherwise
provided in this chapter or as provided in subsection 12-1(a)(4) as appropriate.
(Ord. of 7-12-2007)
Sec. 10-3. - Keeping of animals; sanitation.

(a) Any housing or enclosure used for the keeping of animals shall be well drained, free from
accumulations of animal excrement and objectionable odors, and otherwise clean and sanitary.
(b) Animal excrement shall be disposed of in an appropriate manner and in an appropriate container so
as not to be detrimental to health or comfort. All animals which are housed or enclosed shall be
provided with a source of potable water.
(Ord. of 7-12-2007)
Sec. 10-4. - Distance of animal enclosures from buildings.

Any housing or enclosure used for the keeping of animals and fowl shall be kept at least 25 feet from
any occupied building, except the dwelling unit of the owner, unless the permission of the occupant of the
adjacent building and the health officer is given for a lesser distance.
(1) [Other animals.] Other animals not specifically mentioned in this section shall be kept at
minimum distances deemed reasonable and necessary by the health officer.
(2) Commercial establishments. In case of bona fide licensed pet shops, veterinary hospitals, and
similar commercial establishments, city staff may modify these requirements where undue
hardship would result from their strict enforcement.
(Ord. of 7-12-2007)
Sec. 10-5. - Nuisances.

(a) The owner or person that is the custodian of animals shall be responsible for correcting and abating
any nuisance that may arise from the keeping of said animals.
(b) No person shall allow any animal which howls, barks or emits audible sounds that are unreasonably
loud or disturbing and which are of such character, intensity and duration to disturb the peace and
quiet of the neighborhood. For the purposes of this chapter, "barking dog" shall mean a dog that
barks, bays, cries, howls continuously for one-half hour or more at any time of day or night
regardless of whether the dog is physically situated on or upon private property; provided, however,
that a dog shall not be deemed a "barking dog" for purposes of this regulation, if, at the time the dog
is barking or making any other noise, a person is trespassing or threatening to trespass upon private
property in or upon which the dog is situated or for any other illegitimate cause which teased or
provoked the dog. A dog will not be deemed a barking dog if the barking is in response to unusual
circumstances in the vicinity.
(c) The owner or custodian of a barking dog as defined herein shall be subject to fine or fines as
otherwise provided herein.
(Ord. of 7-12-2007)
Sec. 10-6. - Horses.

It shall be unlawful for any person to have or keep any horse or pony or to ride or drive any horse or
pony at any place within the city except in connection in with a special event approved by the mayor and
council; however, amusement ponies used in connection with birthday parties and similar events for
periods not exceeding four hours shall be allowable so long as not conducted on a regular basis.
(Ord. of 7-12-2007; Ord. of 8-9-2007(1))
Sec. 10-7. - Special events.

Animals of any type that are not under any quarantine status may be temporarily permitted within the
city limits in connection with a special event or activity such as demonstrations, petting zoos, and the like,
following appropriate application and approval.
(Ord. of 10-9-2008(1))
Sec. 10-8. - Wildlife.

All complaints and matters concerning animals not of a domestic nature and complaints involving
game animals or protected species and/or hunting shall be forwarded to appropriate state and federal
authorities for the proper disposition, compliance, apprehension, and controlling enforcement as may be
necessary and provided by state law or federal regulations, including but not limited to the Migratory Bird
Treaty or Act. [Migratory Bird Treaty Act of 1918]
(Ord. of 7-12-2007)
Sec. 10-9. - Birds and wildlife protected; abatement of condition creating nuisance.
(a) It shall be unlawful to trap, hunt, or shoot, or attempt to trap, or shoot, or molest in any manner any
bird or wildlife that would result in injury or destruction of said bird or wildlife, or to rob birds' nests or
wildlife habitats; provided, however, if birds or wildlife are found to be congregating in such numbers
in a particular locality that they constitute a nuisance or menace to health or property in the opinion
of the proper authorities of the city, such authorities shall meet with representatives of the federal or
state government, if appropriate, the Audubon Society, bird club, or such similar club, or humane
society, or as many of such clubs as are found to exist in the city and/or county, after having given at
least two weeks actual notice of the time and place of said meeting to the representatives of said
clubs and to the public.
(b) If, as a result of said meeting, no satisfactory alternative is found to abate such nuisance, said birds
or wildlife may be relocated in such numbers and in such manner as is deemed advisable by the
authorities under the supervision of the city manager.
(Ord. of 7-12-2007)
Sec. 10-10. - Cruelty to animals.

(a) A person commits an act of animal cruelty when such person causes the death or unjustified
physical pain and suffering of an animal or maliciously causes the death, physical harm to the animal
rendering parts of the animal useless or seriously disfigured or with knowledge or intent commits any
of the acts set forth in section 10-13. This provision shall not apply to any authorized person
euthanizing an animal due to a disease or action taken to avoid pain and suffering. Any person
convicted of a violation of this subsection shall be fined or imprisoned or both not less than
$1,000.00 and/or six months or as provided by state law.
(b) Subsection (a) above does not apply to the killing of animals raised for the purpose of providing
food, nor does it apply to any person who hunts wild animals in compliance with the fish and game
laws of this state.
(Ord. of 7-12-2007)
Sec. 10-11. - Poisoning animals.

It shall be unlawful for any person to put out or cause to be put out any poison within the city for the
killing of any bird, wildlife, or animal, whether domesticated or wild with the exception of rodent poison
placed in dwellings.
(Ord. of 7-12-2007)
Sec. 10-12. - Dogfighting.

Dogfighting is unlawful and shall be enforced as provided by state law.
Cockfighting is deemed unlawful and any violation shall be subject to penalty under this chapter.
unlawful and shall be enforced as provided by state law
(Ord. of 7-12-2007)
Sec. 10-13. - Animal neglect.

A person that is the owner or custodian of any animal may be found to be guilty of animal neglect by
a finding that any one or more of the following conditions were allowed to exist:
(1) Lack of immediately available proper drinking water or inadequate supply of drinkable water.
(2) Lack of wholesome, palatable, free from contamination food or sustenance to be provided in
sufficient quantity.
(3) Failure to provide an animal sufficient space to stand to full height, turn around, lie down and
make normal postural adjustments for comfort.
(4) The lack of providing a stationary shelter from weather such as sun, rain, wind or inclement
weather or to maintain said shelter in a clean, sanitary condition free of excrement and
unreasonable objectionable odors.
(5) To have an animal in possession that is known to or suspected to have an injury, accidental or
deliberate, or to exhibit any signs of disease, shock, temperature fluctuations, tremors, swelling,
open wounds, inability to eat, blistering or abnormal bleeding, partial paralysis, discharging
blood or mucus without the animal being under the care of a licensed veterinarian.
(Ord. of 7-12-2007)
Sec. 10-14. - Tethering.

It shall be prohibited in the city limits to restrain or confine to property dogs or cats in a manner
achieved by stationary or non-stationary dog houses, barrels or other stationary object as such means of
confinement within the property unless the owner is outside with the animal.
(Ord. of 7-12-2007)
Sec. 10-15. - Animal transported by vehicle.

No animals shall be transported on a public road in an open vehicle including an open-top
vehicle or open truck bed unless secured with a seatbelt harness or housed in a secured
container designed for that purpose and having a provision for adequate ventilation, food and
water. Said container shall have an open grille on one end, a solid top and bottom and a minimum
of 15 percent total accumulated side areas incorporated into an open grille for air circulation
provisions. The animal control officers shall be entitled to impound and cite the owner or
custodian of any animal being transported in violation of the terms of this chapter.
[Recommend deleting provision since no enforcement, including autos, trucks, golf carts].
(Ord. of 7-12-2007)
Sec. 10-16. - Animal confinement and left unattended in parked car.

To prevent animals from suffering physical distress from dangerous temperatures, it shall be
unlawful to leave an animal unattended in a parked vehicle under such conditions as to reasonably
demonstrate a risk of harm to the animal. Tybee Island Animal Control, city law enforcement officers, or
any other law enforcement shall take such action as is necessary including entry of the vehicle by any
means to remove an animal from such jeopardy and may impound said animal and secure medical
treatment for said animal as needed at the owner's expense. Tybee Island Animal Control officers may
take possession of any deceased animal found in any parked vehicle for purposes of determining the
cause of death in question pursuant to animal neglect or cruelty of this Code.
(Ord. of 7-12-2007)
Sec. 10-17. - Vicious animals.

(a) Dangerous/potentially dangerous dogs. The following definitions shall apply in the interpretation and
enforcement of this section, and the following words shall have the following meanings:
Dangerous dog means any dog that, according to the records of an appropriate authority:
(1) Inflicts a severe injury on a human being without provocation on public or private property; or
(2) Aggressively bites, attacks, or endangers the safety of humans or animals without provocation
after the dog has been classified as a potentially dangerous dog and after the owner has been
notified of such classification.
Owner means any person or any legal entity, including, but not limited to, a corporation, partnership,
firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or
potentially dangerous dog within this state.
Potentially dangerous dog means any dog, according to the records of an appropriate authority, that:
(1) Without provocation, bites a human being on public or private property; or
(2) Without provocation, repeatedly chases any human being upon the street, sidewalk or any
public or private property.
Proper enclosure means an enclosure for keeping a dangerous dog or potentially dangerous dog
while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence,
or structure suitable to prevent the entry of young children and designed to prevent the dog from
escaping. Any such structure shall have secure sides and a secure top, and, if the dog is enclosed within
a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed
or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any
such enclosure shall also provide protection from the elements for the dog.
Records of an appropriate authority means records of any state, county, or municipal law
enforcement agency; records of any county or municipal animal control agency; records of any county
board of health; records of any federal, state, or local court; or records of a dog control officer provided for
in this chapter.
Severe injury means any physical injury that results in broken bones or disfiguring lacerations
requiring multiple sutures or cosmetic surgery or a physical injury that results in death.
Substantial chain or leash means a device used to restrain a dog that cannot be broken by the dog
under its own power.
(b) Exemptions; investigation of reports.
(1) A dog that inflicts an injury upon a person when the dog is being used by a law enforcement
officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or
potentially dangerous dog within the meaning of this chapter. A dog shall not be a dangerous
dog or a potentially dangerous dog within the meaning of this chapter if the injury inflicted by the
dog was sustained by a person who, at the time, was committing a willful trespass or other tort,
or was tormenting, abusing, or assaulting the dog, or had in the past been observed or reported
to have tormented, abused, or assaulted the dog or was committing or attempting to commit a
crime.
(2) Upon receiving a report of a dangerous dog or potentially dangerous dog within the city limits
from a law enforcement agency, animal control agency, rabies control officer, or county board of
health, an animal control officer shall make such investigations and inquiries with regard to such
report as may be necessary to carry out the provisions of this chapter.
(c) Notice generally. When an animal control officer classifies a dog as a dangerous dog or reclassifies
a potentially dangerous dog as a dangerous dog, the animal control officer shall notify the dog's
owner in writing by certified mail to the owner's last known address of such classification or
reclassification. Such notice shall be complete upon its mailing. In the alternative, at the sole
discretion of the animal control officer, a personal service may be made.
(d) Scope of procedures. As applied to the owners of potentially dangerous dogs, the procedures
provided for in this chapter shall be carried out as a necessary condition for the enforcement of the
provisions of this chapter against such owners. As applied to the owners of dangerous dogs, the
procedures provided for in this chapter shall not be an essential element of any crime provided for in
this chapter.
(e) Notice to owner of classification. When a dangerous dog or potentially dangerous dog is classified
as such, the animal control officer the appropriate city official shall notify the dog's owner of such
classification. [Question: does Chatham County control this, in which case refer to County
official throughout this section].
(f) Requirements of notice to owner. The notice to the owner shall meet the following requirements:
(1) The notice shall be in writing and mailed by certified mail to the owner's last known address or
hand delivered;
(2) The notice shall include a summary of the animal control officer's findings that formed the
basis for the dog's classification as a dangerous or potentially dangerous dog;
(3) The notice shall be dated and shall state that the owner, within 15 days after the date shown on
the notice, has a right to request a hearing on the animal control officer's determination that
the dog is a dangerous dog or potentially dangerous dog;
(4) The notice shall state that the hearing, if requested, shall be before the health department;
(5) The notice shall state that if a hearing is not requested, the animal control officer's
determination that the dog is a dangerous dog or a potentially dangerous dog shall become
effective for all purposes under this chapter on a date specified in the notice, which shall be
after the last day on which the owner has a right to request a hearing; and
(6) The notice shall include a form to request a hearing before the health department and shall
provide specific instructions on mailing or delivering such request to the agency.
(g) Hearing. When the health department receives a request for a hearing as provided in this chapter, it
shall schedule such hearing within 30 days after receiving the request. The health department
[refer to appropriate department or specify county health department]. shall notify the dog
owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be
sent by certified mail or personal service to the dog owner at least ten days prior to the date of the
hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present
evidence, and in addition thereto the health department shall receive such other evidence and hear
such other testimony as the health department may find reasonably necessary to make a
determination either to sustain, modify, or overrule the animal control officer's classification of the
dog.
(h) Notice of determination after hearing. Within ten days after the date of the hearing, the health
department shall notify the dog owner in writing by certified mail of its determination on the matter. If
such determination is that the dog is a dangerous dog or a potentially dangerous dog, the effective
date will be 15 days from the date of the hearing.
(i) Certificate of registration. It is unlawful for an owner to have or possess within this state a dangerous
dog or potentially dangerous dog without a certificate of registration issued in accordance with the
following provisions:
(1) The owner shall provide a proper enclosure to confine the dangerous or potentially dangerous
dog.
(2) Any dog classified as dangerous or potentially dangerous shall be required to be microchipped
for permanent identification by a licensed veterinarian at the owner's expense.
(3) Any animal found to be a potentially dangerous dog or dangerous dog shall be spayed or
neutered within 15 days of the health department's determination that said dog is a dangerous
dog or a potentially dangerous dog.
(4) The owner shall be required to post the premises where the animal is located with a clearly
visible sign, issued by the animal control agency, containing a symbol designed to warn all
citizens, including children, that there is a dangerous or potentially dangerous dog on the
property; the number of signs will be determined by the animal control officer.
(5) It shall be unlawful to display the above dangerous dog sign at locations or on premises where
no such dangerous or potentially dangerous dog exists or is located.
(6) The registration fee shall be $150.00 for a potentially dangerous dog annually and $250.00 for
a dangerous dog annually. It shall be a requirement that one warning sign shall be included in
this fee and additional signs as may be required shall cost an extra $35.00 per sign.
(7) In addition to the requirements above, the owner of a dangerous dog shall present to the
animal control officer evidence that the dog has been spayed or neutered, and evidence of:
a. A policy of insurance in the amount of at least $25,000.00 or more issued by a surety
company authorized to transact business in this state insuring the owner of the dangerous
dog against liability for any personal injuries inflicted by the dangerous dog; or
b. A surety bond in the amount of $25,000.00 or more issued by a surety company authorized
to transact business in this state payable to any person or persons injured by the
dangerous dog.
(8) The owner of a dangerous or potentially dangerous dog shall notify the animal control officer as
soon as possible, but in any case less than 24 hours if the dog is on the loose, is unconfined,
has attacked a human, has died, or has been sold or donated. If the dog has been sold or
donated, the owner shall also provide the animal control officer with the name, address, and
telephone number of the new owner of the dog.
(9) The owner of a dangerous dog or potentially dangerous dog shall notify the animal control
officer if the owner is moving from the dog control officer's jurisdiction. The owner of a
dangerous dog or potentially dangerous dog who is a new resident of the State of Georgia shall
register the dog as required in this Code section within 30 days after becoming a resident. The
owner of a dangerous dog or potentially dangerous dog who moves from one jurisdiction to
another within the State of Georgia shall register the dangerous dog or potentially dangerous
dog in the new jurisdiction within ten days after becoming a resident.
(10) Issuance of a certificate of registration or the renewal of certificate of registration by
Savannah-Chatham Metropolitan Police Department Animal Control Unit shall not warrant or
guarantee that the requirements specified are maintained by the owner of a dangerous dog or
potentially dangerous dog on a continuous basis following the date of the issuance of the initial
certificate of registration or following the date of any annual renewal of such certificate.
(11) An animal control officer shall be authorized to make whatever inquiry is deemed necessary
to ensure compliance with the provisions of this section. Law enforcement agencies of local
governments and the sheriffs of counties shall cooperate with animal control officers in
enforcing the provisions of this section.
(j) Restraint of dangerous dog. It shall be unlawful for an owner of a dangerous dog to permit the dog to
be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or
leash and is under the physical restraint of a responsible person. The muzzle shall be made in a
manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent
it from biting any person.
(k) Restraint of potentially dangerous dog. It shall be unlawful for the owner of a potentially dangerous
dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial
chain or leash and is under the restraint of a responsible person.
(l) Confiscation of dangerous dog. A dangerous dog shall be immediately confiscated by the animal
control officer or by a law enforcement officer or by another person authorized by the animal control
officer if the:
(1) Owner of the dog does not secure the liability insurance or bond required in this chapter;
(2) Dog is not validly registered as required;
(3) Dog is not maintained in a proper enclosure; or
(4) Dog is outside a proper enclosure without specified restraints.
(5) Should the owner fail to provide the documents outlined in subsection (i) or the provisions of
this subsection, the dangerous dog shall be impounded. The dangerous dog shall be held for
ten days during which time the owner may demonstrate compliance with subsection (j) and
subsections (1) through (4) above. Should the owner fail to comply with any provision of the
aforementioned section and subsections, then the dog shall be subject to euthanasia.
(m) Confiscation of potentially dangerous dog. A potentially dangerous dog shall be confiscated in the
same manner as a dangerous dog if the dog is:
(1) Not validly registered as required;
(2) Not maintained in a proper enclosure; or
(3) Outside a proper enclosure without specified restraints.
(n) Return after confiscation. Any dog that has been confiscated under the provisions of this chapter
shall be returned to its owner upon the owner's compliance with the provisions of this chapter and
upon the payment of reasonable confiscation costs. In the event the owner has not complied with the
provisions of this chapter within ten days of the date the dog was confiscated, said dog shall be put
to death in accordance with an approved AVMA method of euthanasia administered by a certified
technician.
(o) Liability. The owner of a dangerous dog or potentially dangerous dog shall be solely liable for any
injury to or death of a person caused by such dog. Under no circumstances shall a local
government or any employee or official of a local government which enforces or fails to
enforce the provisions of this chapter be held liable for any damages to any person who
suffers an injury inflicted by a dog that has been identified as being a dangerous dog or
potentially dangerous dog or by a dog that has been reported to the proper authorities as
being a dangerous or potentially dangerous dog or by a dog that a local government has
failed to identify as a dangerous dog or potentially dangerous dog or by a dog which has
been identified as being a dangerous dog or potentially dangerous dog but has not been kept
or restrained in the prescribed manner or by a dangerous dog or potentially dangerous dog
whose owner has not maintained insurance coverage or surety bond as required.
[Section needs to conform to County and State requirements. In any event, this last sentence
regarding city liability needs to be reviewed is it enforceable?]
(Ord. of 7-12-2007)
Sec. 10-18. - Registration of dogs and cats.

Each owner or possessor and any person who harbors or keeps any dog or cat four months
or older within the limits of the city shall cause that dog or cat to be registered with the Savannah-
Chatham Metropolitan Police Department Animal Control Unit.
[Recommend delete this provision not enforced]
(Ord. of 7-12-2007)
Sec. 10-19. - Rabies inoculations; required for dogs and cats.

All dogs and cats four months or older within the city shall be required to be adequately inoculated
against rabies in accordance with the laws of the state applicable thereto.
(Ord. of 7-12-2007)
Sec. 10-20. - Notification regarding tag requirement.

Where any dog or cat four months or older is found within the city without wearing a license tag, as
hereby required, it shall be the duty of the animal control officer to verbally notify the person in charge of
the premises whereon the dog or cat is found to come forward and produce a tag. Microchips embedded
with license information will satisfy this requirement.
(Ord. of 7-12-2007)
Sec. 10-21. - Same; duty animal control officer.

Upon the failure of a person to comply with the notice given him as provided under this chapter,
within 24 hours after receiving same, or should the person in charge of the premises upon which an
unlicensed dog or cat is found disclaim ownership of that dog or cat by himself or any member of his
household when notified, it shall thereupon become the duty of the animal control officer to go upon the
premises and take charge of and impound the dog or cat.
(Ord. of 7-12-2007)
Sec. 10-22. - Impoundment of dogs.

Any dog found upon the right-of-way of public streets, lanes, highways, roads, parks, beaches or
other public property within the city in violation of this chapter, shall be caught by a police officer, or the
animal control officer, or their assistants, and impounded. A police officer, animal control officer, or their
assistants, shall have the specific right to enter upon any unenclosed private property when in hot pursuit
of any dog in violation of this chapter to secure, capture and impound that dog.
(Ord. of 7-12-2007)
Sec. 10-23. - Pets kept five days.

Any pet impounded under the provisions of this chapter shall be kept for five days in some
convenient place, to be known as the animal shelter at the city police station, or animal pound, located in
Chatham County. All impounded animals will be scanned for microchip I.D.
Within five days after a pet is impounded, the owner or possessor shall come forward and pay the
annual license fee, if he has not paid the same, and an impoundment fee. Impoundment shall be paid
before an impounded animal shall be released to the owner or possessor.
(1) The impoundment fee shall be $35.00.
(2) The boarding fee shall be $10.00 per day.
In the event the judge of the municipal court shall find in his discretion that the city has incurred
expenses for temporarily sheltering any abused animal, said fine may be increased up to $20.00 each
day per animal for temporarily sheltering the animal with said funds to be used for reimbursement of said
expenses incurred.
(Ord. of 7-12-2007)
Sec. 10-24. - Disposition.

If a pet is not claimed by its owner within five days, then the city through the county or as otherwise
authorized shall be authorized to dispose of the pet in as humane and painless a manner as possible. All
animals will be scanned for microchips prior to being euthanized.
(Ord. of 7-12-2007)
Sec. 10-25. - Delegation of shelter for impounded pets.

The shelter and impounding of any pet found within the city in violation of this chapter, may be
delegated to and performed by any organization selected by a police officer or the animal control officer
known to be an official humane shelter.
(Ord. of 7-12-2007)
Sec. 10-26. - Reserved.

Sec. 10-27. - Sanitary requirements for a dog's waste; owner's responsibility; disposition.
It shall be unlawful for a dog owner to walk a dog, in accordance with applicable sections of this
chapter, without a device with which to remove the dog's waste and a container within which to place the
dog's waste. It shall be the responsibility of the dog's owner to ensure that the waste is properly and
sanitarily disposed of either in a city receptacle or the dog's owner's trash can.
(Ord. of 7-12-2007)
Sec. 10-28. - Dead animals.

(a) No person shall intentionally abandon a dead animal on any private property belonging to another
unless the person so doing shall have first obtained permission from the owner of the property on
which the animal is left.
(b) No person shall abandon a dead animal on any public property or rights-of-way unless the place in
which the animal is left is a public dump or other facility designed for receiving such and designated
by Tybee Island as public facility for receiving trash or refuse.
(c) Tybee Island Public Works Department is authorized to remove dead animals from public property
including public schools, parks and roadways.
(d) It shall be unlawful for any person to throw or put onto the streets, lanes, squares or other common
public property of Tybee Island, any dead animal.
(Ord. of 7-12-2007)
Sec. 10-29. - Rabies cases to be reported.
(a) All animals, such as dogs, cats, horses, cattle, mules, goats, foxes, swine, raccoons, and other
animals of like species, showing symptoms of or having rabies within unincorporated Chatham
County [why only unincorporated Chatham County?] shall be immediately reported to the
Chatham County Health Department, the animal control center, or Chatham County Humane Shelter
by the owner or the person having custody or any citizen having knowledge of these facts. It shall be
the duty of every person having this knowledge to make immediately his/her report.
(2) Dogs, cats or any animal being held under quarantine by the owner or by a veterinary hospital,
boarding or breeding kennel, or any other person at any other place shall immediately upon
discovery of the existence of rabies or its symptoms be reported to the Chatham County Health
Department, animal control or Chatham County Humane Shelter with a history of the case and
information regarding the name and address of the owner. It shall be the duty of every person having
knowledge of the facts to see that the report required by this subsection is made.
(Ord. of 7-12-2007)
Sec. 10-30. - Quarantine.

(a) For any dog, cat or animal that bites or inflicts injury upon a human, said dog, cat or animal shall be
quarantined for ten days at such place as designated by the Chatham County Health Department or
Savannah-Chatham Metropolitan Police Department Animal Control Unit for purposes of observing
the health condition and temperament of said dog, cat or animal. The health department may
increase or diminish the period as, in its sole discretion, the public safety and health may require.
(b) Where rabies has been found to exist in any warm-blooded animal or where its existence is
suspected, the health department may designate an area within which quarantine shall be
maintained as provided by the terms of this chapter. Every such animal shall thereupon be
immediately confined to the premises designated by the health department, whether or not the
animal has been vaccinated against rabies.
(c) No animal shall be removed from a quarantined area and no animal shall be brought into a
quarantined area without written permission of the health department. The application for such
permission shall be in writing, filed with the health department detailing the reason for movement and
the location at which the animal will be confined after movement.
(d) When an animal has been suspected of having rabies or has rabies symptoms, the area or
premises where such animals are kept shall be posted by the health department with signs to read
as follows: "rabies suspected" or "rabies, keep away from animals." Such signs shall be
conspicuously displayed on the premises, printed with type that is easily legible, and shall remain on
the premises for the duration of the quarantine.
(e) Persons living within a quarantine area having in their possession an animal subject to rabies or to
the terms of this chapter shall be given written notice of the quarantine, the animals subject thereto
and an order to confine their animals so subject to the premises of the owner, together with any other
information the health department deems advisable. Such notice shall be signed by a duly
authorized agent of the health department.
(f) The violation by any person of any quarantine order issued by the health officer shall be a violation
of this chapter, and the person so violating shall be subject to all the penalties prescribed by law for a
violation.
(g) The heads of all domestic animals and of all wild animals suspected of having rabies before their
death or having rabies at time of death shall be submitted to the state laboratory for examination.
Either human or animal exposure to these animals shall constitute sufficient reason for laboratory
examination.
(Ord. of 7-12-2007)
Sec. 10-31. - Penalties for violations of chapter.
Any person violating any of the provisions of this chapter upon a first conviction in a municipal court
[shall] be fined not less than $20.00 nor not more than $1,000.00 and/or imprisoned for a term not
exceeding 90 days, either or both, plus court costs, and for a second offense within five years of a
previous conviction, such person shall be fined not less than $100.00 nor not more than $1,000.00,
and/or imprisoned for a term not exceeding 120 days, plus court costs, either or both, in the discretion of
the judge of the municipal court.
In the event the judge of the municipal court shall find in his discretion that the city has incurred
expenses for temporarily sheltering any abused animal, said fine may be increased up to $20.00 each
day per animal for temporarily sheltering the animal with said funds to be used for reimbursement of said
expenses incurred.
(Ord. of 7-12-2007)

Chapter 12
Chapter 12 - BEACHES AND WATERWAYS


Sec. 12-1. - Use of municipal beaches and facilities. [Recommend refresh all signs at all access
points and post full ordinance at a few places]
(a) Rules and regulations. All persons entering upon the public beaches, or structures erected thereon,
shall comply with the following rules and regulations, and failure to do so shall constitute a violation
of this article:
(1) Swimming area. It shall be unlawful for any person to swim outside of the area extending 50
yards from the water's edge.
(2) Placement of litter. It shall be unlawful to throw, place, deposit, sweep or scatter, or cause to be
thrown, placed, deposited, swept, or scattered, any paper, food, cigarette butts, bottles, cans,
trash, fruit peelings or other refuse upon the beaches or structures erected thereon. Beach
goers must have their trash in a container at all times.
(3) Glass or breakable containers. It shall be unlawful for any person to take or carry upon the
beaches or structures erected thereon any glass or breakable containers.
(4) Pets. It shall be unlawful for any person who owns, is in control of, or is in charge of, any dog or
other pet, to allow or take that dog or other pet upon the beaches or structures erected thereon.
This does not include properly certified guide dogs, or similar animals assisting the
blind, deaf, or other physically handicapped persons. [comfort dogs?]
(5) Motorized vehicles. It shall be unlawful for any person to take any motorized vehicle on to the
beaches or structures erected thereon. This includes automobiles, trucks, motorcycles, all-
terrain-vehicles and similar motor driven vehicles and craft. This does not include properly
marked emergency vehicles while in the course of an emergency operation, or
maintenance/utility vehicles in the employ of the city or similar governmental entity and engaged
in a legitimate operation.
(6) Motorized watercraft. It shall be unlawful for any person to operate any motorized watercraft,
such as a jet ski, motorboat, and similar craft, within 1,000 feet of the waterline on any part of
the beach between the north and south rock jetties.
(7) Fires. It shall be unlawful for any person to build or maintain any type of open fire on the beach,
including any type of charcoal fire, whether or not in a grill or similar container.
(8) Disturbing dune vegetation. It shall be unlawful for any person to pick, gather, remove, walk in
the dunes, or otherwise disturb the vegetation present on sand dunes, including sea oats.
(9) Surfboarding and fishing. Surfboarding and fishing shall be permitted only in designated areas
[no designated areas]. No person shall operate a surfboard/paddle board unless it is equipped
with an appropriate leash which is used at all times. No person shall fish except in areas
designated for such purposes. Fishing is prohibited within the 60-foot right-of-way on Alley #3
Back River boat ramp.
(10) Commands of lifeguards. It shall be unlawful for any person to deliberately disobey any
reasonable lawful command of a duly appointed and identified lifeguard while in the legitimate
performance of his duty, such commands being intended to ensure the safety of persons using
the beach and any structures erected thereon.
(11) Disorderly conduct; endangerment of self or others. It shall be unlawful for any person to come
upon the beaches or structures erected thereon, and individually or in concert with others, do
any act or create any condition which does or is calculated to encourage, aid, abet, or start a
riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that that
person was solely responsible for that riot, public disorder or disturbance of the peace, but only
that his appearance, manner, conduct, attire, condition, status or general demeanor was a
motivating factor that resulted in the riot, public disorder or disturbance of the peace. Any
person who refuses when commanded by a police officer or other enforcement official of the city
to leave the beach or structures erected thereon immediately, shall be guilty of an offense for
refusal to obey the order or command of a police officer or other enforcement official of the city,
and deemed to be a rioter or disturber of the peace. It shall also be unlawful for any person to
come upon the beaches or structures erected thereon and act in any way which is likely to
cause endangerment to himself or others.
(12) Nudity. No nudity on beaches.
(13) Beer kegs. The presence of beer kegs on the beach is often associated with underage
drinking, littering, public intoxication and disorderly conduct and because such activities
are in direct conflict with family recreation, such Containers and similar devices for
dispensing of large quantities of alcoholic beverages are expressly prohibited. [why this
section? Delete or rename with last sentence.]
(14) Jumping or diving from pier or public structure. It shall be unlawful for any person to jump or
dive from any pier or public structure except those that might be specifically built for that
purpose and as may be specifically authorized in connection with a properly authorized special
event.
(15) Walking or climbing on public structures. It shall be unlawful to walk or climb upon the rocks,
jetties, or other manmade structures which are marked with appropriate signage.
(16) Bathing in restroom facilities prohibited. It shall be unlawful for anyone to use public
restrooms on the pier [pier owned by Chatham County], the beach, strand, or adjacent
areas, [delete this section] except where a shower facility exists and is operational, to bathe
or attempt to bathe, shower or wash by use of the sinks in bathroom facilities or other fixtures
therein, except for showers, and further sink facilities shall not be used for rinsing, washing off
except for a person's face and hands. No such fixtures or facilities shall be used for the washing
off of property including, but not limited to, clothing, toys, coolers, recreational equipment,
chairs, floats, and any similar items, nor for cleaning of fish, shells, sand dollars, or other sea
animals or items, living or dead.
(17) Removal of live animals. It shall be unlawful to remove any non-regulated live animals including
shells, sand dollars and hermit crabs and other invertebrates from the beach. Nothing herein
shall be construed as prohibiting recreational fishing or crabbing for blue crab as permitted by
the Department of Natural Resources fishing regulations.
(l8) Sales or soliciting sales on the beach. It shall be unlawful for any person to sell or offer for sale
any goods, wares, merchandise, or food on the beach, or to solicit from any person for the
purchase of any goods, wares, merchandise, or food on the beach.
(19) Obstructions and equipment on the beach prohibited overnight. It shall be unlawful for any
person to leave an item of personal property unattended on any portion of the sand beach from
9:00 p.m. until 7:00 a.m. except as otherwise permitted by law or by permit granted by the city
manager on application. City personnel are authorized to remove any unattended personal
property, including any type of personal property including, as way of example and not
limitation, tents (including frames), canopies, cabanas, umbrellas and other shading devices,
picnic tables, volleyball nets, beach chairs, coolers, kayaks, canoes, catamarans, floats, sail
boards, surf boards, kits, jet skis, sail boats and other water craft.
(b) Exception to rules. Exceptions to any of the above rules and regulations may be allowed by way of a
special permit grant by the mayor and council. In the case of the overnight storage of unattended
personal property, a permit to do so may be granted when special circumstances exist as
determined by the city manager who shall be authorized to issue such permits.
(c) Enforcement of rules and regulations. Enforcement of these rules and regulations shall be by
employees of the city police department or the city marshal and/or the designees of either the police
department or the city marshal. The police department employees and the city marshal and the
designees of either are authorized to require persons using the beach or structures erected thereon
to obey reasonable commands designed to protect the public and public property, and the failure to
obey any lawful command of those individuals shall be a violation of this section.
(d) Penalty for violation. Any person convicted of violating any of the provisions of this section shall be
punished by a fine not to exceed $1,000.00 or imprisonment for a term not exceeding six months
and to perform community service for a period not exceeding 60 days, any or all such penalties in
the discretion of the judge. When found by an employee as described above, the person responsible
for the violation will be issued a citation and subpoena which names the violation and establishes a
date for the violator to appear in court to answer the charge. Violators may elect to pay the fine
without appearing in court; such action shall constitute a plea of guilty to the charge. When
confronted with a violation, enforcing officers may exercise discretion to the point of transporting
violators without delay to the police station for the purpose of posting bond in order to ensure their
appearance in court.
(e) Penalty for pet prohibition. The fine for the offense of violating subsection (a)(4) of this section
prohibiting pets on the beach, shall not be less than $200.00 for the first offense plus applicable
court fees, and not less than $400.00 for subsequent offenses, plus applicable court fees for any
subsequent offense occurring within a 12-month period of a preceding offense.
(f) Penalty for litter. The fine for the offense of violating subsection (a)(2) of this section prohibiting litter
on the beach, shall be not less than $100.00 plus applicable court fees and not less than $200.00 for
subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-
month period of a preceding offense.
(g) Penalty for abuse of restroom facilities. The fine for the offense for violation of subsection (a)(16) of
this section prohibiting bathing in inappropriate restroom facilities, shall be $100.00 plus applicable
court costs.
[Why different penalties, how they compare to each other, and why escalating for some
violations ie. Litter.]
(Code 1983, 9-5-1; Ord. No. 2005-11B, 6-21-2005; Ord. of 6-8-2006; Ord. of 4-26-2007(1);
Ord. of 6-11-2009(1); Ord. No. 29-2011A, 7-28-2011; Ord. No. 33-2011, 8-11-2011; Ord. No.
36-2011, 9-8-2011; Ord. No. 41-2014, 1, 8-14-2014; Ord. No. 12-2015, 1, 4-9-2015; Ord.
No. 26-2015, 1, 9-10-2015)
Sec. 12-2. - Shark fishing prohibited.

(a) It shall be unlawful for anyone to fish for sharks of any species on or from any of the public beaches,
docks or piers of the city.
(b) Violations shall be punishable by fines not to exceed $300.00 and/or imprisonment not to exceed
six months and/or to perform community service for a period not exceeding 60 days, any or
all such penalties in the discretion of the municipal judge. [See above comment and why
expressly and/or imprisonment and/or community service? Municipal judge always has
discretion.]
(Code 1983, 9-6-1)

ARTICLE II. - WATERCRAFT

Sec. 12-28. - Powered (motorized) watercraftsRestrictions; penalty.
(a) It shall be unlawful for any person owning, borrowing, leasing, or renting a powered (motorized)
watercraft to:
(1) Ingress or egress the waters surrounding the city other than at the municipal boat ramp [dont
have a municipal boat ramp] on the Back River at Chatham Avenue, a private residential
dock, or a commercial marina; or
(2) Approach closer than 1,000 feet from the mean high water mark of the municipal beach
extending from the rock jetty at Nineteenth Street north to the rock jetty at the confluence of the
Atlantic Ocean and the Savannah River at Fort Screven.
(b) It shall be the duty of the lifeguards and/or other city officials to notify the coast guard or the
department of natural resources concerning violations of this section, and where possible, within the
city limits, the chief of police or any law officer shall have the arresting authority for violators of this
section. The provisions of this section shall not apply to the use of a powered (motorized) watercraft
engaged in an activity authorized under state law.
(c) Any person violating any of the provisions of this section shall, upon conviction before the court of
the city, be fined not less than $100.00, nor more than $300.00.
(Code 1983, 7-3-6, 7-3-7)

Chapter 14
Chapter 14 - ELECTIONS
Sec. 14-1. - Qualification for officeMayor.

Sec. 14-2. - SameCouncilmembers.
Sec. 14-3. - Election officials.

The mayor and council shall by resolution annually appoint a municipal election superintendent,
election manager, registrars, absentee ballot clerk and any other officials as are necessary, all of whom
shall exercise those powers and duties set forth in O.C.G.A. 21-2-1 et seq. and other applicable
provisions of the Georgia Municipal Election Code.
All functions performed by Clerk of the Council.
Sec. 14-4. - Superintendent to incur expenses.
Sec. 14-5. - District; polling places.
Sec. 14-6. - Voter qualifications.
Sec. 14-7. - Application for registration; time limit.

A resident of the city who desires to vote in a municipal election must apply to be registered
as an elector with the board of registrars of the city at least 30 days prior to that election. The
applicant must appear in person before the registrar and must possess those qualifications herein
prescribed in order to qualify as an elector of the municipality. The procedure and form of the registration
card shall conform to the provisions prescribed by the O.C.G.A. 21-2-219 et seq. (Code 1983, 2-2-7)
Voters (Electors) must register with the County recommend deleting first sentence.
Sec. 14-8. - Procedure for challenging registration of a voter.
Sec. 14-9. - Notice of candidacy; time periods.

Each candidate or a designee shall file a notice of candidacy in the office of the municipal clerk of
such candidate's candidacy.
(1) In the case of a general election held in an odd-numbered year, no earlier than 8:30 a.m. on the
second Monday in September last Monday in August immediately preceding the general
election and no later than 4:30 p.m. on the following Friday.
(2) In the case of a special election, not earlier than the date of the call and at least 25 days prior to
the election.
The State requirements override this section
Sec. 14-10. - Designation of office sought; election of councilmembers.
A candidate seeking one of two or more public offices each having the same title and to be filled at
the same election by the vote of the same electors shall not designate the specific office he is seeking.
The six candidates for city council receiving the highest number of lawful votes cast shall be
elected as the six councilmembers of the city. need to reflect change to staggered terms of
Council. No longer six.
Sec. 14-11. - Election to be nonpartisan.
Sec. 14-12. - Plurality required to elect; election of mayor.
Sec. 14-13. - Tie votes; runoff election.
Sec. 14-14. - Secret ballots; use of voting machines.
Sec. 14-15. - Absentee ballots.
Sec. 14-16. - Contested elections.
Sec. 14-17. - Qualifying fee.
Sec. 14-18. - Time of regular election; succession by incumbent.

On the first Tuesday in November of each odd-numbered year, beginning in 1983, a regular election
shall be held in the city at the city hall or at such other place as the city council may designate for the
election of a mayor and six councilmembers, - need to reflect change to staggered terms of
Countil. No longer six. who shall have the qualifications specified in this chapter to hold such office. Any
incumbent mayor or incumbent councilmember who shall qualify as a candidate and meet the
qualifications to hold such office may be a candidate to succeed himself for office or for office as a
member of the city council.
Chapter 18
Chapter 18 - DISASTER RECOVERY [consider renaming to Emergency Management]
Editor's noteOrd. No. 58-A-2014, 1, adopted December 12, 2014, repealed ch. 18, arts. IIII, 18-
1, 18-2618-28, 18-6018-66, 18-8118-88, in its entirety; and enacted a new ch. 18 to read as set out
herein. Former ch. 18 pertained to emergency management and emergency services and was derived
from Code 1983, 4-1-6, 4-3-14-3-3, 4-3-104-3-15; Ord. of 7-13-2006(1) and Ord. No. 34-2010,
adopted January 23, 2011. [Jan to follow up on purpose for revision in 2014]

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to
give them the meaning they have in common usage and to give this chapter its most reasonable
application. Words used in the singular shall include the plural, and the plural the singular; words used in
the present tense shall include the future tense. The words "shall," "will," and "must" are mandatory and
not discretionary. The word "may" is permissive. As used in this chapter, the term:
Declaration of local emergency means the condition declared by the mayor when, in his his/her
judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency in any part of
the city is of sufficient severity and magnitude to warrant extraordinary assistance by the city to
supplement the efforts and available resources of the several localities and relief organizations in
preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.
Disaster means any happening that causes great harm or damage.
Emergency [cross reference to Charter 2-24] means any extraordinary condition in which there
exists the threat or actual occurrence of a disaster or event, including an energy emergency as defined in
the Georgia Emergency Management Act and any amendments thereto, which may result in the large
scale loss of life, injury, property damage or destruction, or in the major disruption of routine community
affairs or business and government operations, and is of sufficient severity and magnitude to warrant
extraordinary assistance by the city and other agencies to supplement the efforts of available public and
private resources.
Emergency interim successor means a person designated pursuant to this chapter, in the event an
officer [not defined here cross reference to Chapter 1 definition] is unavailable to exercise the
powers and discharge the duties of an office, until a successor is appointed or elected and qualified as
may be prescribed by the Constitution, statutes, laws, charters, and ordinances of the state and its
political subdivisions, or until the lawful incumbent or the successor is able to resume the exercise of the
powers and the discharge of the duties of the office.
Emergency management means the preparation for, and the carrying out of, all emergency
and disaster functions, as more fully defined by this chapter. [See Sec.18-2 why both
definitions?]
Emergency standing operating procedures (SOP) means the standing operating procedures
developed by each emergency response unit emergency response function [to reflect usage in City
of Tybee Island Emergency Operations Plan 2015 revised 1/20/15. Each function should have an
SOP that addressed its responsibilities under the EOP.] for the purpose of preplanning the unit's
response to a request for emergency assistance.
Energy emergency means a condition of danger to the health, safety, welfare, or economic well-
being of the citizens of this city arising out of a present or threatened shortage of usable energy
resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this
city resulting from the operation of any electrical power-generating facility, the transport of any energy
resource by any means whatsoever, or the production, use, or disposal of any source material, special
nuclear material, or by-product, as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C.
2011 et seq.; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or
outside this state, substantially affecting the health, safety, or welfare of the citizens of this city.
Energy resources means all forms of energy or power including, without limitation to, oil, gasoline,
and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and
other fuels of any description, except wood.
Natural disaster means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other
catastrophe which causes, or which may cause, substantial damage or injury to civilian property or
persons.
Political subdivision means cities, counties, towns, villages, authorities, and any other bodies created
by the state and exercising any of the governmental powers of the state.
State of emergency means the condition declared by the governor when, in his judgment, the threat
or actual occurrence of a disaster, emergency, or energy emergency in any part of the state is of
sufficient severity and magnitude to warrant extraordinary assistance by the state to supplement the
efforts and available resources of the several localities and relief organizations in preventing or alleviating
the damage, loss, hardship, or suffering threatened or caused thereby.
Technological or human-caused disaster means the application of one or more modes of harmful
force to the environment. These include but are not limited to contamination (as in the case of chemical,
biological, radiological, or nuclear hazards), energy (explosives, arson, and even electromagnetic waves),
or failure or denial of service (sabotage, infrastructure breakdown, and service disruption) including theft
or disruption of cyber networks and transportation media.
Tybee Island emergency operations plan means the officially adopted, and Georgia Emergency
Management Agency approved reviewed [plan not formally approved by GEMA], emergency
operations plan for Tybee Island, Georgia.
Unavailable means either that a vacancy in an office exists as the result of any emergency as
defined in this section and there is no deputy or other successor authorized to exercise all of the powers
and discharge all of the duties of the office, or that the lawful incumbent of the office, including any deputy
exercising the powers and discharging the duties of an office because of a vacancy, and his duly
authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-2. - Emergency management function defined.

Emergency management [compare to definition prior in 18-1 why both definitions?] means the
preparation for, and the carrying out of, all emergency and disaster functions other than those functions
for which military forces or other state and federal agencies are primarily responsible to prevent,
minimize, and repair damage resulting from emergencies or disasters, or the imminent threat thereof, of
technological or natural origin. These functions include, without limitation to, fire-fighting services, police
services, medical and health services, rescue, engineering, warning services, communications, defense
from radiological, chemical and other special weapons, evacuation of persons from stricken areas,
emergency welfare services, emergency transportation, plant protection, restoration of public utility
services, and other functions related to civilian population, together with all other activities necessary or
incidental to total emergency and disaster preparedness for carrying out the foregoing functions.
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-3. - The emergency operations plan.

(a) The city shall develop and periodically update the city emergency operations plan (EOP) for the
purpose of establishing policies, procedures, programs, and projects to implement this chapter and
enable the city to respond to natural and technological emergency situations.
(b) The director emergency management Emergency Management Coordinator [reflects actual
usage]is responsible for the development, execution, and coordination of the city EOP. This plan
shall be developed in close coordination with the State Office of Homeland Security/Georgia
Emergency Management Agency CEMA. It shall also be based on recommended principles and
practices promulgated by the Federal Department of Homeland Security and other recognized
emergency and disaster preparedness agencies and organizations.
(c) The plan shall be submitted to the city manager, the county emergency management agency
director, and Georgia Office of Homeland Security/Georgia Emergency Management Agency
for review, comment, and recommendation to the city council. The plan shall be adopted by the city
council by resolution and may be changed and updated periodically by resolution.
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-4. - Activation of the EOP.

The EOP shall become operative as follows:
(1) Automatically by the declaration of a "state of emergency" by the governor of the state as either
a state-wide, regional, or local area emergency or emergency alert; or
(2) Automatically by the declaration of local emergency by the mayor.
(3) On order of the mayor, provided that the existence or threatened existence of a local
emergency has been declared by the governor of Georgia; or that the mayor is acting as the
designee of the governor.
a. The mayor is hereby authorized to order the mobilization of any appropriate emergency
response organization, or any portion thereof, as required to provide for increased
readiness in the event of the threatened existence of an emergency prior to the activation
of the EOP.
b. The city emergency management director Emergency Management Coordinator is
authorized to order the activation of the full EOP and all emergency response
organizations in the event that an emergency has already occurred but neither the mayor
nor his successor are available, nor can they be communicated with in a timely fashion; or,
upon the request of the mayor, legally appointed successor, or the governing body of the
city.
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-5. - Role of the county and municipal governments during non-emergency periods.
[Why have this section that speaks to non-emergency periods? Alread covered in the
Charter. Recommend delete this section.]
(a) General powers and duties of local governments.
(1) It is the duty of government to provide for the public health, safety, and welfare of its citizens by
making provisions for emergencies and disasters that may occur at some future date. The
county and the city are authorized and empowered by the Georgia Emergency Management Act
of 1981, as amended, to make, amend, and rescind such orders, rules, and regulations as may
be necessary for emergency management purposes. All such orders, rules, and regulations
must be consistent with any orders, rules, or regulations promulgated by the governor or by any
state agency exercising a power delegated to it by the governor.
(2) All orders, rules, and regulations so promulgated shall have the full force and effect of law when
a copy thereof is filed in the office of the city clerk. Laws, ordinances, rules, and regulations
inconsistent with the Georgia Emergency Management Act of 1981 or with any order, rule, or
regulation issued under the authority of the Georgia Emergency Management Act of 1981 or
this chapter shall be suspended during a declaration of local emergency to the extent that the
conflict exists.
(3) In order to attain uniformity so far as practicable throughout the United States in measures
taken to aid emergency management, all actions taken under the authority of the Georgia
Emergency Management Act of 1981 and this chapter and all orders, rules, and regulations
made pursuant thereto shall be taken or made with due consideration to the orders, rules,
regulations, actions, recommendations, and requests of federal authorities relevant thereto and,
to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions,
recommendations, and requests.
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-6. - Emergency management and response powers.

(a) Declaration of local emergency. [Consider removing since there is no letter (b) and changing
numbers below to letters.]
(1) Grant of authority. In the event of an actual or threatened occurrence of a disaster or
emergency, which may result in the large-scale loss of life, injury, property damage or
destruction, or in the major disruption of routine community affairs, business or governmental
operations in the city and which is of sufficient severity and magnitude to warrant extraordinary
assistance by federal, state and local departments and agencies to supplement the efforts of
available public and private resources, the mayor may declare a local emergency for the city.
The form of the declaration shall be similar to that provided by this code section.[See
section 18-6(a)(7) below.]
(2) Request for state assistance. Consistent with a declaration of local emergency, the mayor may
request the governor to provide assistance, provided that the disaster or emergency is beyond
the capacity of the city to meet adequately and state assistance is necessary to supplement
local efforts to save lives and protect property, public health and safety, or to avert or lessen the
threat of a disaster.
a. Continuance. The declaration of local emergency shall continue until the mayor finds that
emergency conditions no longer exist, at which time, the mayor shall execute and file
with the city clerk a document marking the end of the declaration of local
emergency[No form filed end of Hurricane Matthew]. No state of local emergency shall
continue for longer than 30 days, unless renewed by the mayor. The city council may, by
resolution, end a declaration of local emergency at any time.
(3) Effect of declaration of local emergency. [Recommend outlining chain of command and
succession plan in the EOP in the event city official vacant.]
a. Activation of the EOP. A declaration of emergency by the governor or a declaration of local
emergency by the mayor shall automatically activate the city EOP and shall be the
authority for deployment of personnel and use of any forces to which the plan applies and
for use or distribution of any supplies, equipment, materials, and facilities assembled,
stockpiled or arranged to be made available pursuant to the Georgia Emergency
Management Act or any other laws applicable to emergencies or disasters.
b. The mayor shall have the legal authority to exercise the powers and discharge the duties
conferred upon the emergency management agency, including the implementation of the
EOP, coordination of the emergency responses of public and private agencies and
organizations, coordination of recovery efforts with state and federal officials, and
inspection of emergency or disaster sites.
c. In responding and conducting necessary and appropriate investigations, the mayor or
his/her designee is authorized to enter at a reasonable time upon any property, public or
private, for the purpose of investigating and inspecting sites involved with emergency
management functions. The mayor is authorized to execute a right of entry and/or
agreement to use property for these purposes on behalf of the city; however, any such
document shall be later presented for ratification at a meeting of the city council.
d. No person shall refuse entry or access to any authorized representative or agent of the
City who requests entry for purposes of inspection, and who presents appropriate
credentials. Nor shall any person obstruct, hamper or interfere with any such
representative while that individual is in the process of carrying out his or her official duties.
(4) Emergency powers. Following a declaration of local emergency and during the continuance of
such declaration, the mayor is authorized to implement local emergency measures to protect life
and property or to bring the emergency situation under control. In exercising this authority, the
mayor may cause to become effective any of the following sections of this chapter as
appropriate as well as any other emergency powers conferred upon the mayor by law. If any of
these sections are included in a declaration of local emergency, the same shall be filed in the
office of the city clerk and shall be in effect until the declaration of local emergency has
terminated.
(5) Authority to waive procedures and fees. Pursuant to a declaration of local emergency, the city
council is authorized to cause to be effective any of the subsections of this chapter as
appropriate. The implementation of such subsections shall be filed in the office of the city clerk.
(6) Additional emergency powers. The mayor shall have, and may exercise for such period as the
declared emergency exists or continues, the following additional emergency powers:
a. To enforce all laws, rules, and regulations relating to emergency management and to
assume direct operational control of all civil forces and helpers in the city;
b. To direct and compel the evacuation of all or part of the population from any stricken or
threatened area, for the preservation of life or other disaster mitigation, response or
recovery;
c. To control ingress and egress to and from a disaster area, the movement of persons within
the area, and the occupancy of premises therein;
d. To prescribe routes, modes of transportation and destinations in connection with
evacuation;
e. To make provision for the availability and use of temporary emergency housing,
emergency shelters and/or emergency medical shelters;
f. To transfer the direction, of personnel or functions of any county city departments and
agencies or units thereof for the purpose of performing or facilitating emergency services;
g. To utilize all available resources of the city and subordinate agencies over which the city
has budgetary control as reasonably necessary to cope with the emergency or disaster; to
include but not be limited to the city's state of local emergency compensation policy;
h. To suspend any law, code provision or regulation prescribing the procedures for conduct of
city business, or the orders, rules or regulations of any city agency, if strict compliance with
any ordinance, resolution, order, rule or regulation would in any way prevent, hinder or
delay necessary action in coping with the emergency or disaster, provided that such
suspension shall provide for the minimum deviation from the requirements under the
circumstances and further provided that, when practicable, specialists[not defined.
Purpose of this section?] shall be assigned to avoid adverse effects resulting from such
suspension;
i. To provide benefits to citizens upon execution of an intergovernmental agreement for
grants to meet disaster-related necessary expenses or serious needs of individuals or
families adversely affected by an emergency or disaster in cases where the individuals or
families are unable to meet the expenses or needs from other means, provided that such
grants are authorized only when matching state or federal funds are available for such
purposes;
j. To perform and exercise such other functions, powers and duties as may be deemed
necessary to promote and secure the safety and protection of the civilian population,
including individuals with household pets and service animals prior to, during and following
a major disaster or emergency;
k. To conduct the affairs and business of the city at places other than the regular or usual
location, within or outside of the city, when it is not prudent, expedient or possible to
conduct business at the regular location. When such meetings occur outside of the city, all
actions taken by the mayor and council shall be as valid and binding as if performed within
the city. Such meetings may be called by the presiding officer or any two members of the
governing body without regard to or compliance with time-consuming procedures and
formalities otherwise required by law.
l. To contract for public works without letting such contract out to the lowest, responsible
bidder and without advertising and posting notification of such contract for four weeks;
provided, however, that the emergency must be of such nature that immediate action is
required and that the action is necessary for the protection of the public health, safety and
welfare. Any public works contract entered into pursuant to this subsection shall be entered
on the minutes of the city as soon as practical and the nature of the emergency described
therein in accordance with O.C.G.A. 36-91-22(e).
m. To suspend the purchasing ordinances, regulations or policies. City officials shall continue
to seek to obtain the best prices during the state of local emergency.
n. To temporarily suspend the enforcement of the ordinances of the city, or any portion
thereof, where the emergency is of such nature that immediate action outside the code is
required, such suspension is consistent with the protection of the public health, safety and
welfare, and such suspension is not inconsistent with any federal or state statutes or
regulations.
o. To coordinate the exercise of the above emergency powers within the city.
(7) Formal Form of declaration of local emergency. Upon the declaration of local emergency, an
official "declaration of local emergency" shall be signed and filed in the office of the city clerk
and shall be communicated to the citizens of the affected area using the most effective and
efficient means available. The declaration shall state the nature of the emergency or disaster,
the conditions that require the declaration and any sections of this chapter which shall be in
effect. All emergency powers permitted under the state statutes contained in O.C.G.A. 38-3-
27 et seq., and as set forth in section 4-310(d) of the city's ordinance [there is no section
4-310] regarding emergency management, shall be in full force and effect during the declaration
of local emergency and shall be implemented as needed to address any emergency or disaster.
(8) Overcharging prohibited. In order to preserve, protect or sustain the life, health or safety of
persons, or their property, within the city limits designated in a declaration of emergency, it shall
be unlawful, during the duration of the emergency or subsequent recovery period, for any
person, firm or corporation located or doing business within the city limits to overcharge for any
goods, materials, foods, equipment, supplies, services, labor, motel rooms, temporary lodging
or houses, sold or rented, within the city.
a. Definitions.
1. Overcharging means charging prices for goods, materials, foods, equipment, supplies,
services, labor, motel rooms, temporary lodging or houses, which are in excess of the
customary charges by 25 percent or, inapplicable cases, in excess of the suppliers' or
providers' costs for such goods, materials, foods, equipment, supplies, services, labor,
motel rooms, temporary lodging or houses, by 25 percent. The existence of overcharging
shall be presumed from a 25 percent increase in the price at which the merchandise or
rate, fee, cost/rental of housing was offered in the usual course of business immediately
prior to the onset of the emergency, but shall not include increases in cost to the supplier
directly attributable to the higher cost of material, supplies and labor costs resulting from
the emergency.
2. Subsequent recovery period means that period during which the emergency continues to
cause disruptions in the area designated in the declaration of local emergency, but shall
not exceed six months after the declaration of local emergency has been terminated.
This section shall become effective only upon the signing of a declaration of local
emergency and the signing of a declaration stating that it is in effect.
(9) Zoning regulations suspended.

a. In order to preserve, protect or sustain the life, health, welfare or safety of persons, or their Purpose?
property, within the city limits designated in a declaration of local emergency, temporary
mobile/ manufactured/ industrialized homes, travel trailers, recreational vehicles, campers
or mobile/manufactured/industrialized home parks, campgrounds or other living areas may
be located on property approved by the city council in any zoning district. The parks,
campgrounds or other living areas shall be designed by an engineer and plans shall be
approved by the city planning and zoning department. Permits may be issued by the
planning and zoning department to establish temporary mobile/manufactured/industrialized
homes or mobile/manufactured/industrialized home parks for a period not to exceed 18
months. Such approval may only be extended by the city council beyond 18 months after a
public hearing and a demonstrated finding of necessity on behalf of the city council. Except
as provided herein, the city's land development code shall remain in full force and effect.
b. This section shall become effective only upon the signing of a declaration of local
(10) Emergency business license.
a. Before conducting any business within an area within the city limits designated in a
declaration of local emergency, a business license shall be obtained and posted at the
work site. Said business license shall expire at the end of 12 months. The cost of the
emergency business license shall be equal to the cost for a license issued under current
regulations for the business conducted.
b. Applicants shall provide the following information when applying for a temporary business
license:
1. Name of applicant;
2. Permanent address and telephone number of applicant;
3. Local address and telephone number of applicant;
4. Applicant's date of birth and age, if an individual;
5. Applicant's social security number or federal employer identification number;
6. If applicant is a corporation, the state and date of incorporation;
7. Tag registration for each vehicle to be used in the business;
8. List of cities where business has been conducted by the applicant within the past 12
months;
9. Georgia sales tax number or authorization;
10. Georgia state business license number, if required;
c. The temporary business license application shall be signed under oath by the applicant.
d. This section shall become effective only upon the signing of a declaration of local
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-7. - Closed or restricted areas and curfews during emergency.

To preserve, protect or sustain the life, health, welfare or safety of persons, or their property, within a
designated area under a declaration of local emergency, it shall be unlawful for any person to travel,
loiter, wander or stroll in or upon the public streets, highways, roads, lanes, parks or other public grounds,
public places, public buildings, places of amusement, eating places, vacant lots or any other place during
a declared emergency between hours specified by the mayor until the curfew is lifted.
(1) To promote order, protect lives, minimize the potential for looting and other crimes, and facilitate
recovery operations during an emergency, the mayor shall have discretion to impose reentry
restrictions on certain areas. The mayor shall exercise such discretion in accordance with the
city emergency operations plan, which shall be followed during emergencies.
(2) The provisions of this section shall not apply to persons acting in the following capacities:
a. Authorized and essential law enforcement personnel;
b. Authorized and essential health care providers;
c. Authorized and essential personnel of the city;
d. Authorized national guard or federal military personnel;
e. Authorized and essential firefighters;
f. Authorized and essential emergency response personnel;
g. Authorized and essential personnel or volunteers working with or through the county
emergency management agency (CEMA);
h. Authorized and essential utility repair crews;
i. Citizens seeking to restore order to their homes or businesses while on their own property
or place of business;
j. Other authorized and essential persons as designated on a list compiled by EMA, the city
manager, and/or chief of police.
(3) Enforceability. This section shall be enforced by officers of the law enforcement personnel
approved to provide aid and assistance during the emergency. Nothing contained in this section
shall prohibit a law enforcement officer from bringing other charges under state law.
(4) Effective date. This section shall become effective only upon the signing of a declaration
of local emergency, stating this section is in effect. [Refers just to Sec 18-7 correct?]
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-8. - Enforcement and remedies.

(a) Law enforcement. The city police department, and the officers of any other law enforcement agency
authorized by the police chief and approved by the mayor to provide aid and assistance shall be
authorized to enforce the orders, rules and regulations contained in this chapter and/or implemented
by the mayor or local governing authority during an emergency.
(1) Nothing in this section shall prohibit a law enforcement officer from bringing additional charges
under state law.
(b) Penalties. Failure to comply with any of the requirements or provisions of the regulations contained
in this chapter, or with any code section, order, rule or regulation made effective by the mayor or
local governing authority upon or after the declaration of an emergency shall constitute a violation of
the provisions of this chapter. Any person who violates any provision in this chapter shall, upon
conviction thereof, be guilty of a misdemeanor punishable by a fine not exceeding $1,000.00,
imprisonment for a term not exceeding 60 days, or both such fine and imprisonment, for each
violation. Each person assisting in the commission of a violation shall be guilty of separate offenses.
Each day during which a violation or failure to comply continues shall constitute a separate violation.
(c) Injunctive relief. In accordance with O.C.G.A. 38-3-5, in addition to the remedies prescribed in this
section, the mayor is authorized to obtain an injunction to restrain violation of laws, code sections,
orders, rules and regulations which are contained in the Georgia Emergency Management Act
and/or this code, and/or which are implemented by the local governing authority during a declared
emergency.
(d) Liberality of construction. This chapter shall be liberally construed in favor of the governing body of
the city and deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-9. - Regulations continued in effect.

All ordinances, resolutions, motions and orders pertaining to civil defense, emergency management
and disaster relief, which are not in conflict with this article, are continued in full force and effect. Such
ordinances, etc., are on file in the office of the city clerk.
(Ord. No. 58-A-2014, 1, 12-12-2014)
Sec. 18-10. - County ordinance controls.

It is the intention of this chapter to be consistent in all respects with the county emergency
management ordinance and the disaster recovery provisions thereof. Any inconsistency between this
chapter and the county ordinance on the same subject matter is unintentional. The interpretation of this
chapter is to be consistent with the ordinance of the county and the state laws pertaining to this subject
matter. Each section of this chapter will defer, in the event of any conflict with the ordinance of the county,
to the county ordinance.
(Ord. No. 58-A-2014, 1, 12-12-2014)

Chapter 22
Chapter 22 - ENVIRONMENT

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
properly 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 8-24-2006)
Editor's note Ord. of Aug. 24, 2006, 13, set out provisions intended for use as 23-1.
For purposes of classification, and at the editor's discretion with the concurrence of the city,
these provisions have been included as 22-2.

ARTICLE II. - NUISANCES

Sec. 22-29. - Nuisances declared.
The following conditions may be declared to be nuisances:
(1) Stagnant water on premises;
(2) Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon
premises which is odorous or capable of causing disease or annoyance to the inhabitants of the
city;
(3) The generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the
inhabitants of the city;
(4) The pollution of public water or the injection of matter into the sewerage system which would
be damaging thereto;
(5) Maintaining a dangerous or diseased animal or fowl;
(6) Obstruction of a public street, highway or sidewalk without a permit;
(7) Loud or unusual noises which are detrimental or annoying to the public, including without
limitation, unusual or loud disturbances in or around churches or multiple-family complexes
such as loud music and other activities in swimming pool and clubhouse areas;
(8) All walls, trees and buildings that may endanger persons or property;
(9) Any business or building where illegal activities are habitually and commonly conducted in such
a manner as to reasonably suggest that the owner or operator of the business or building was
aware of the illegal activities and failed to reasonably attempt to prevent such activities;
(10) Refrigerators, stoves and other household appliances placed outside of structures controlled
by the owner or tenant thereof;
(11) Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on
roadways and intersections of the city; and
(12) Any other condition constituting a nuisance under state law.
(Code 1983, 11-2-1; Ord. No. 08-2017 , 1, 4-13-2017)
State Law reference Nuisances generally, O.C.G.A. 41-1-1 et seq.
Sec. 22-30. - Complaint of nuisance; hearing.

Any official or inhabitant of the city may direct a complaint of nuisance to the city marshal-health
officer, who shall investigate and give notice to the violator to abate the nuisance within five calendar
days, if a notice is so provided. If the person to whom said notice is provided wishes to appeal the notice
of abatement, said person shall appeal to the city manager within the five-calendar-day abatement period.
The city manager shall conduct a hearing within five calendar days of being so notified, and issue a final
decision within five calendar days of the hearing. If abatement is decided, such shall be accomplished
within five calendar days of the city manager's decision.
(Code 1983, 11-2-2)
Sec. 22-31. - Abatement by city.

(a) In any case where the owner, agent or tenant fails to abate the nuisance in the time specified, or
where the owner, agent or tenant cannot be served with notice, or where the nature of the nuisance
is such, in the opinion of the city manager, that it must be immediately abated, the city manager may
issue an order to the chief of police directing the nuisance to be abated. The chief of police, in such
case, shall keep a record of the expenses and cost of abating same, and the costs shall be billed
against the owner, agent or tenant for collection as for city revenues.
(b) Other city departments shall assist the chief of police as is necessary in abating nuisances
hereunder.
(Code 1983, 11-2-3)
Sec. 22-32. - Offense; penalty.

It is declared to be an offense for any owner, agent or tenant to maintain or allow a nuisance to exist.
Each day a nuisance is continued shall constitute a separate offense, subject to the general penalty set
forth in section 1-8.
(Code 1983, 11-2-4)

ARTICLE III. - PROPERTY MAINTENANCE

Sec. 22-68. - Purpose.
The purpose of this article shall be to require the maintenance of premises to retain property values
and to protect the general environment and appearance of neighborhoods within the community.
(Code 1983, 5-3-1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Accessory building means a carport, garage, storage building or other such not-for-habitation
building on the premises.
Boats, derelict, means a craft intended for water transportation which:
(1) Is unusable or unsafe for operation due to damage or disrepair or because one or more of its
major parts has been removed or destroyed; or
(2) Constitutes a nuisance or health or safety hazard.
Established driveway means an area that is paved, graveled, bare of vegetation, or otherwise clearly
indicative of the area that is normally used for vehicles to enter onto or exit from real property onto a
public or private street.
Front yard means any portion of the property between the right-of-way line of an abutting street and
the building line for the principal building on the lot and extending from property line to property line along
such building line. If there is no building on the property, the entire property shall be deemed the front
yard.
Object means any item of personal property, other than a vehicle, boat or trailer-type vehicle, which
is not related to the use and purpose for which the real property is occupied or owned or permitted by the
applicable zoning classification. Examples for the purpose of this article shall include: junk materials,
appliances or other household items, machinery and equipment, fallen trees or tree limbs, or other
materials not forming part of a structure or landscaping.
Person means any natural person, corporation, partnership, authority created by statute, association
or other entity or combination thereof.
To place means to establish the presence on property of an object which:
(1) Is not affixed to the real property and thus is capable of being moved or removed;
(2) Is present for a period of 30 consecutive days whether or not the location on the property is
changed.
Vehicle, automotive, means an automobile, truck, van or other motorized vehicle designed and
intended to be used for transporting people or goods.
Vehicle, derelict automotive, means a vehicle which:
(1) Is unusable or unsafe for operation due to damage or disrepair or because one or more of its
major parts has been removed or destroyed; or
Vehicle, derelict, trailer-type, means a trailer-type vehicle which:
(1) Is dismantled or partially dismantled, deteriorated or not safe for use due to disrepair or
damage; or
(Code 1983, 5-3-2)
Sec. 22-70. - Occupants or owners to keep premises free of litter, debris and junk materials.
It shall be unlawful for the occupant or owner of premises to have or to place any of the following on
the premises to the extent and in a manner that could threaten or endanger the public health, safety or
welfare or could adversely affect and impair the economic value of adjacent property:
(1) Any accumulation of litter, debris, refuse, garbage or animal excrement on any front side or
rear yard or on any porch, or underneath any building or in any accessory building.
(2) Any object, as defined by this article, on the front yard or on a front porch.
(3) Any object, as defined by this article, on the side or rear yards, or on side or rear porches or
underneath any building or in any accessory building unless covered or enclosed so as not to
be visible from a street or lane.
(4) Any derelict automotive vehicle, boat or trailer-type vehicle.
(Code 1983, 5-3-3)
Sec. 22-71. - Occupant or owners to keep premises free of derelict vehicles and boats.
It shall be unlawful to place, keep, store or allow to remain any derelict automotive vehicle, or derelict
boat or trailer-type vehicle or parts thereof on a front yard or on an established driveway of a front yard
and it shall be unlawful to place, keep, store or allow to remain any derelict automotive vehicle or derelict
boat or trailer-type vehicle, or parts thereof, on the side or rear yards if visible from a street, lane or
adjoining property unless enclosed in an accessory building so as not to be visible from the street, lane or
adjoining property.
(Code 1983, 5-3-4)
Sec. 22-72. - Construction activity exempt.

The provisions of this article shall not apply to material which is being used in construction activity
taking place on the premises provided the construction activity complies with applicable ordinances and is
being diligently pursued.
(Code 1983, 5-3-5)
Sec. 22-73. - Enforcement.

Owners or occupants of premises on which there is a violation of this article will be given written
notice to abate the violation within 30 days. Failure to abate the violation within the 30-day period will
result in a subpoena being issued for an appearance in court on a misdemeanor charge. In cases
involving immediate health, safety and welfare violations the immediate issuance of a summons is
permitted.
(Code 1983, 5-3-6)

ARTICLE IV. - NOISES

Definitions of technical terms used which are not herein defined shall be obtained from publications
of acoustical terminology issued by the American National Standards Institute (ANSI) as its successor
body. The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Ambient sound level means the noise associated with a given environment, exclusive of a particular
noise being tested, being usually a composite of sounds from many sources near and far, exclusive of
intruding noises from isolated identifiable sources.
A-weighted sound level means the sound pressure level in decibels as measured on a sound level
meter using the A-weighting network. The level is designated dB(A) or dBA.
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Decibel (dB) means a logarithmic and dimensionless unit of measure used in describing the relative
loudness of level of sound.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an
emergency.
Impulsive sound means a sound of short duration, usually less than one second, with an abrupt
onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts,
and the discharge of firearms.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not
including a motorcycle.
Motorboat means any vessel which operates on water and which is propelled by a motor, including,
but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to
travel on not more than three wheels in contact with the ground. The term shall include, but not be limited
to, motorized bicycles and motor scooters.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise control officer means the person designated by the city having responsibility for the
enforcement of any provision of this article. [Recommend delete no city official with this title]
Noise disturbance means any sound which endangers or injures the welfare, safety or health of
human beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or
real property, or is hereinafter defined.
Noise sensitive activities means activities which should be conducted under conditions of exceptional
quiet including, but not limited to, operation of schools, libraries open to the public, churches, hospitals,
and nursing homes.
Noise sensitive area means any area designated for the purpose of ensuring exceptional quiet and
clearly posted with "noise sensitive area" signs, because of the noise sensitive activities conducted
therein.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state agency,
municipality or other political subdivisions of this state, any interstate body, or any other legal entity.
Powered model vehicle means any self-propelled airborne, waterborne, or land borne model plane,
vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model airplane,
boat, car or rocket.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches.
Real property boundary means an imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from that owned by another person,
but not including intra-building real property divisions.
Receiving land use means the use or occupancy of the property from which a complaint is made
concerning noise which received the transmission of sound as hereinafter defined, however, the
allowable decibel levels are based on the zoning district as opposed to the use of the receiving land.
Recreational vehicle means any race car, motorcycle, or any other motorized vehicle equipped for
use in racing or other recreational events or uses off of public rights-of-way on public or private property.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The
description of sound may include any characteristic of such sound, including duration, intensity and
frequency.
Sound level means the weighted sound pressure level obtained by the use of a sound level
meter and frequency weighting network, such as A, B, or C as specified in American National
Standards Institute Specifications for Sound Level Meters (ANSI S1.41971, or the latest approved
revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter means an instrument which includes a microphone, amplifier, RMS detector,
integrator or time average, output or display meter, and weighting networks used to measure sound
pressure levels, which complies with American National Standards Institute Standard 1.4-1971 as
revised.
Sound pressure means the instantaneous difference between the actual pressure and the
average or barometric pressure at a given point in space, as produced by sound energy.
Used and occupied mean and include the words "intended," "designed," or "arranged to be used or
occupied."
(Code 1983, 11-3-2)

The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2) The emission of sound in the performance of emergency work.
(3) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds.
(4) Public mass transportation vehicles.
(5) Church or clock carillons, bells, or chimes.
(6) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued.
(7) Public works projects specifically approved by the mayor and council.
(Code 1983, 11-3-3)
Sec. 22-112. - Noise disturbance prohibited.

(a) Prohibited. No person shall make, continue, or cause to be made or continued, except as permitted,
any noise disturbance, or any noise in excess of the limits for such noise established in this section.
(b) Maximum permissible sound levels . With the exception of sound levels elsewhere specifically
authorized by this article, table 1 sets forth the maximum permissible sound levels allowed at or
within the real property boundary of a receiving land use. Any activity or use that produces a sound
in excess of such noise levels for a receiving land use shall be deemed a noise disturbance and is in
violation of this article.
(c) Measurement of sound . The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National Standards Institute or its
successor body. The instrument shall be maintained in calibration and good working order. Octave
band corrections may be employed in meeting the response specification. A calibration check shall
be made of the system at the time of any noise measurement. Measurements recorded shall be
taken so as to provide a proper representation of the noise source. The microphone used during
measurement shall be positioned so as not to create any unnatural enhancement or diminution of
the measured noise. A windscreen for the microphone shall be used when required. Traffic, other
transportation noise sources and other background noises shall not be considered in taking
measurements except where such background noise interferes with the primary noise being
measured. It is the intention that this sound to be measured is what is being created by the sound
complained of excluding intruding noises from isolated identifiable sources, but including ambient
sound level. The measure of all sound levels shall be made as close to the property line of the
receiving land use as is practical.
TABLE 1
Sound Levels by Receiving Land Use
Zoning Category of
Time (3) Use (1) Sound Level Limit, dBA (4)
Receiving Land
Residential (2) At all times 60
Commercial At all times 75
Noise Sensitive Area At all times 55
(1)
As set forth in the Land Development Code.
(2)
Any zoning district containing the letter "R."
(3)
Unless otherwise stated in this article.
(4)
For any source of sound which emits a pure tone, the maximum sound level limits set shall be reduced
by five dBA.
(d) Equipment use restrictions. Regardless of decibel levels, the following equipment may not be
operated between the hours of 8:00 p.m. and 7:00 a.m.: MondayFriday and on Saturday and
Sunday 8:00 p.m. to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment. .
(Code 1983, 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
Secs. 22-11322-147. - Reserved.

ARTICLE V. - SOLID WASTE

Secs. 22-14822-165. - Reserved.
DIVISION 2. - COLLECTION AND DISPOSAL[1]
Footnotes:
--- (1) ---
State Law reference Georgia Comprehensive Solid Waste Management Act, O.C.G.A. 12-8-20 et
seq.; scrap tire disposal restrictions, O.C.G.A. 12-8-40.1; litter control generally, O.C.G.A. 16-7-40 et
seq.

Subdivision I. - In General

The following words, terms and phrases, when used in this division, shall have the meanings
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.
[conform all definitions to the definitions in 22-191]
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 nonputrescible 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)
Sec. 22-168. - Signs, notices and handouts.

(a) It is unlawful to attach signs, placards or banners on trees or poles on rights-of-way or on any public
property within the city without a permit from city hall.
(b) It is unlawful to place leaflets, advertisements, circular or similar matter on vehicles. All such
handouts must be delivered to individuals in person.
(Code 1983, 5-2-3)
Sec. 22-169. - Building wasteAccumulations prohibited.

(a) Any person who has contracted with any other person within the city, either on an hourly basis or a
job contract price, whose work produces an accumulation or volume of building rubbish shall be
required to remove and dispose of any such accumulation resulting therefrom. All construction and
demolition contractors must have on-site receptacles or containers. The site must be kept in a
reasonably clean and litter-free condition. Yard rubbish and yard trimmings shall be disposed of per
subsection 22-192(d), by placing same adjacent to refuse carts.
(b) On any construction site at which a container is used to store debris and trash during the project,
whether such container be a dumpster or other container of any sort, when active work ceases on
the project for every day, or any given day, a secure cover shall be placed over the dumpster or
container so as to prevent trash or construction debris to be subject to being blown out of the
dumpster or container.
(c) On construction sites where no container or dumpster is used, a confined storage area must be
established and appropriate measures shall be taken to prevent trash and debris from being subject
to being blown out of a confined area.
(Code 1970, 8-2; Code 1983, 5-2-4; Ord. of 5-10-2007)
Sec. 22-170. - Authority to order removal.

The city marshal or the public works superintendent of the city shall have the authority to direct the
removal, placing, disposition and disposal of any accumulation or volume of brush, bric-a-brac, scrap
lumber, trash or rubbish resulting from any job or contract mentioned in section 22-191.
(Code 1970, 8-3; Code 1983, 5-2-5)
Sec. 22-171. - Penalty for violation.

In the event any accumulation or volume of brush, bric-a-brac, scrap lumber, trash or rubbish
mentioned in section 22-191 is not removed within ten days after completion of that job or contract, or
within ten days after a work stoppage occurs on an incomplete job or contract, a person having
contracted, as well as the person within the city contracted with, either or both, jointly or severally
committing a violation, shall be cited to appear in court for that violation and upon conviction thereof shall
be subject to punishment as provided in section 1-8.
(Code 1970, 8-4; Code 1983, 5-2-6)
Sec. 22-172. - Weeds and other growthsNotices to cut or remove.

(a) Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in
excess of ten inches (254mm). All noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs; provided however, this term shall
not include cultivated flowers and gardens.
(b) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and
infestation. Where rodents are found, they shall be promptly exterminated by approved processes
which will not be injurious to human health. After extermination, proper precautions shall be taken to
eliminate rodent harborage and prevent reinfestation. Rodents as used herein, shall only include
house rats of the following species: Black rats, Rattus rattus, and Norway rats, Rattus norwegicus.
(c) Exemptions from weed restrictions. The following situations are exempt from any provisions of the
weed ordinance:
(1) Xerophytic plantings established to conserve water resources.
(2) Lawns or gardens planted or established to preserve wild flowers or other native vegetation or
gardens established to attract birds or butterflies.
(3) Natural ecosystems such as maritime forests (trees plus understory shrubs and vines) and
marsh edge areas including wax myrtle (Myrica cerifera), Redcedar (Juniperus silicola),
Toothache tree (Xanoxylum clava-hercules), and Bumelia trees plus the natural vines.
(4) Any land protected by conservation easements.
(5) Marshes and dunes and interdune meadows protected by state and local ordinances.
(d) Buffer requirement. Notwithstanding the exemptions in subsection (c)(1)(5), any such land,
planting, or ecosystem that directly abuts developed property is required to have a five-foot buffer
zone that complies with the provisions of this section.
(e) Trimming of certain trees conditional. Trimming of wax myrtles (Myrica cerifera) or other trees or
shrubs in interdune areas is allowed only under the following conditions:
(1) That permits to trim are obtained from the zoning department of the city and the state
department of natural resources.
(2) That no wax myrtle or any other shrub or tree in this area is trimmed lower than five feet.
(3) That such trimming is only allowed in the fall or winter. (Many birds including the at-risk Painted
Bunting use the natural shrubs for nesting and breeding during spring and summer.)
(Code 1970, 8-6; Code 1983, 5-2-8; Ord. of 11-9-2005; Ord. of 8-10-2006)
Sec. 22-173. - Failure to remove weeds; removal and assessment by city.

If the property owner, his duly authorized agent or occupant, after receiving notice of a violation of
section 22-172 fails to have the weeds or rank vegetation cut or removed from his property within the time
period provided within the notice, the governing body may order the cutting and removal or shall cause it
to be cut and the same removed and charge the expenses thereof, including inspection, advertising, labor
and equipment costs, to the owner, his duly authorized agent or occupant.
(Code 1970, 8-7; Code 1983, 5-2-9)
Sec. 22-174. - Issuance of execution; lien on property.

If charges prescribed in section 22-173 are due and remain unpaid for a period of 30 days after any
work is completed, the treasurer shall issue an execution against the owner, his duly authorized agent or
occupant of any property from which any growth has been cut and removed, or any other persons as may
be liable therefor, which execution shall be a lien upon the premises and, when recorded in the general
execution docket of the county, shall be a lien on all of the property of the defendant in execution from the
date of that record.
(Code 1970, 8-8; Code 1983, 5-2-10)
Sec. 22-175. - Levy of execution.

Execution provided in section 22-174 shall be levied and the property sold in the manner now
provided for the levy and collection of executions issued by the treasurer for taxes, and the proceedings
and provisions for the filing of an affidavit of illegality by the defendant in execution, as well as the
proceedings for the filing of a claim to the property levied upon by a third person, shall in all respects be
similar to the proceedings and provisions of the law applicable to the levy of executions for taxes.
(Code 1970, 8-9; Code 1983, 5-2-11)
Sec. 22-176. - Penalty.

Violators of sections 22-16722-175 are subject to fines under the general penalty of this Code.
(Code 1983, 5-2-12)

Sec. 22-177. - Use of DPW transfer station.
(a) City residents may use the department of public works transfer station for dry trash and recycling
material at a rate to be set by the mayor and council and on file with the clerk of council and the
department of public works.
(b) Residents may bring dry trash and recycling, and contractors and residents involved in small
renovation projects, such as door replacements, deck repairs, or plumbing, may also use the transfer
station at the fee set by the mayor and council. However, contractors and residents involved in new
construction and renovation of rooms, homes, buildings, or other structures creating construction
debris may not use the transfer station but are to comply with section 22-169.
(Ord. No. 27-2015 , 1, 9-10-2015)
Secs. 22-17822-190. - Reserved.

Subdivision II. - Refuse Collection

Apartments, roominghouses, 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 silvacultural operations or industrial processes or operations.
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 nonputrescible solid wastes.
Solid waste means putrescible and nonputresible 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 landscaping.
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 silvacultural
operations.
(Code 1970, 8-17; Code 1983, 5-2-21)
Sec. 22-192. - Storage practices.

(a) Preparation of refuse. Residential refuse shall be placed in uniform roll out carts/standard
containers as provided.
(b) Refuse containers.
(1) Commercial refuse and commercial solid waste shall be placed in a commercial dumpster of
sufficient size to handle the amount of refuse generated by said commercial establishment. In
the event that a commercial establishment cannot have a dumpster placed on-site, sufficient
uniform roll out carts shall be used.
(2) Commercial dumpsters shall be enclosed by a privacy fence not less than six feet or more than
eight feet in height. Flooring shall be a concrete masonry pad sufficient to place the required
size of the dumpster on. Enclosures shall be constructed to include cement filled steel posts
with a minimum height of five feet to be placed three feet from the sides of enclosure.
Enclosures shall be a minimum of 11 feet wide and 11 feet in depth with a front clearance for
gating to be 180 degrees, with an access lane of no less than 100 feet of unobscured finished
surface. Dumpster flooring shall be placed at the same elevation as finished grade of lot
surface.
(c) Storage of refuse.
(1) Each householder, commercial establishment or person having refuse shall provide himself
with approved refuse containers.
(2) It shall be unlawful to place refuse in any street, alley or any other public place, or upon private
property, whether owned or not, unless that refuse is placed in an approved container, as
provided in this division.
(3) It shall be unlawful to place refuse in any stream or body of water, or in any place inconsistent
with the provisions of this article.
(4) Solid waste or recycling carts shall not be placed in the city right-of-way before 12:00 p.m. the
day before the scheduled pickup day and shall be removed from the city right-of-way no later
than 12:00 p.m. the day after the scheduled pickup day. Each resident, property owner, agent,
manager and/or occupant of a property is responsible for compliance with this provision. The
penalty for a violation of this subsection shall be $50.00 per citation.
(d) Storage of yard trimmings and yard rubbish.
(1) It shall be unlawful to place or mix yard trimmings and yard rubbish with municipal solid waste
within the city.
(2) Yard trimmings and yard rubbish shall not be disposed at any municipal solid waste disposal
facility having a liner and leachate collection system or requiring vertical expansion located
within the city.
(3) Yard trimmings and yard rubbish shall be sorted and stored in the following manner: yard
trimmings and yard rubbish which have not been utilized for composting mulch, or otherwise
revised/recycled shall be placed adjacent to refuse containers to be readily accessible to the
collector, as follows:
a. Leaves, yard clippings, paper, straw shall be placed in watertight bags or other suitable
containers which, when full, do not exceed 35 pounds in weight.
b. Palm fronds shall be stacked and placed adjacent to 90-gallon roll out containers so that
three palm fronds may be picked up conveniently.
c. Heavy brush and tree branches no longer than four feet in length and six inches in
diameter shall be placed in a pile no larger that 4' x 4' x 4'. Brush will be placed adjacent to
the cart.
(Code 1970, 8-18; Code 1983, 5-2-22; Ord. of 4-10-2005(01), 1; Ord. No. 04-2005, 5-26-
2005; Ord. No. 18-2012, 5-24-2012)
Sec. 22-193. - Containers; collection practices.

It is the city's intention to provide each residential and commercial unit within the city one uniform
rollout container for which a monthly fee shall be set by the mayor and council. Customers requiring
additional containers will arrange through the city for such additional containers and pay a monthly fee set
therefor by the mayor and council.
(Code 1983, 5-2-23; Ord. of 11-27-2006)
Sec. 22-194. - Disposal of refuse.

It shall be unlawful to dump, burn, bury, destroy, or otherwise dispose of refuse within the
jurisdictional limits of the city except at the city approved refuse disposal site or, in the case of vegetable
waste, in a home, business, or community composting system.
(Code 1970, 8-20; Code 1983, 5-2-24; Ord. No. 02-2015, 1, 1-15-2015)
Any person who violates provisions contained in sections 22-19222-194 of this article shall, upon
conviction, be subject to a fine not to exceed $300.00 and a jail term not to exceed 20 days, either or
both, all at the discretion of the court.
(Code 1970, 8-23; Code 1983, 5-2-25)
Sec. 22-196. - Recycling.

Each residence and commercial unit that utilizes the city waste removal contracted services is to be
provided with a recycle bin at such cost as may be determined by the mayor and council on file in the
office of the clerk of council. The charge shall be added to the billing for the water/sewer services.
Notwithstanding anything to the contrary, a recycling cart is to be provided to each residence qualifying
for the city's senior homestead exemption pursuant to section 58-30 at no cost.
(Code 1983, 5-2-26; Ord. of 10-9-2008(2); Ord. No. 04-2015, 1, 1-15-2015; Ord. No. 10-
2016 , 1, 8-11-2016)

Chapter 23
[1]
Chapter 23 - ETHICS
ARTICLE I. - GENERAL

The following words, terms and phrases, when used in this chapter, shall have the meanings
City official shall be any person who is an elected official of the City of Tybee Island
and any one appointed by the mayor and council of the city to any board, commission,
authority, or position of the city.
This definition is different than that cited in Chapter 1, Section 1-2 and Chapter 2, Section
2-106. Why difference? Can we conform all usage of terms?
Government or city shall be construed to mean the City of Tybee Island, Georgia
government.
Immediate family shall apply to blood or marital relationships of the city official, including a
city official's spouse, children, parents and siblings and shall further include any member of an
official's household.
Sec. 23-2. - Acceptance of gifts.
With exception of campaign contributions which shall be reported in accordance with
Georgia Laws, no city official shall solicit or accept directly or indirectly anything of value from any
person, corporation, or group which has, or is seeking:
(1) To obtain, contractual or other business or financial relationships with the City of Tybee
Island;
(2) Where in exchange for the thing of value one seeks to have a city official exercise a
matter of discretion in his or her favor; or
(3) Where in exchange for the thing of value one seeks to have or has interests
which may be affected by the performance or nonperformance of the official duty
of the city official, accomplished, defeated, deferred or otherwise acted upon.
State ethics law has maximum of $100.
Sec. 23-3. - Intent.
It is the intent of this section that city officials avoid any action whether or not specifically
prohibited by section 23-2 which might result in, or create the appearance of, the following:
(1) Using public office for private gain;
(2) Impeding government efficiency or economy; or
(3) Affecting adversely the confidence of the public in the integrity of the government; or
(4) Purposefully or intentionally violating laws involving moral turpitude as defined by
Georgia law.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-4. - Financial interests of members.

City officials may not:
(1) Have direct or indirect financial interests that conflict substantially what defines
substantially? with their responsibilities and duties as government servants; or
(2) Engage in, directly or indirectly, financial transactions as a result of, or primarily relying
upon, information obtained from their office. Aside from these restrictions, city officials
are free to engage in lawful financial transactions to the same extent as private citizens.
Sec. 23-5. - Use of public property.
Sec. 23-6. - Use of confidential information.
Sec. 23-7. - Coercion by city official.
Sec. 23-8. - Voting in matters of personal interest.
Sec. 23-9. - Unauthorized purchases.
Sec. 23-10. - Meetings of the council.
Sec. 23-11. - City attorneys used for private business.
Sec. 23-12. - Unauthorized use of public employees.
Sec. 23-13. - Travel expenses.
Sec. 23-14. - Presumption.

In reference to acts or omissions on which the city attorney has given an opinion, an official
acting consistently with the opinion shall be presumed to be acting in accordance with the
obligations imposed under the ethics ordinance and not in violation thereof, however the final
determination as to whether or not a violation has occurred is to be determined by the ethics
commission and/or city council as otherwise provided. ethics commission if not violation,
city council if commission recommends violation.
Sec. 23-15. - Penalties.
ARTICLE II. - ETHICS COMMISSION
Sec. 23-31. - Creation and composition.

Sec. 23-32. - Duties and powers.
Sec. 23-33. - Member qualifications.
Sec. 23-34. - Terms of service.

(a) Those members of the commission currently serving as of the adoption of this chapter shall
continue to serve under their original appointment and for the full term thereof.
(b) Council intends for commission members to serve two year "staggered" terms.
recommend adding to clarify the term.
(c) Members having odd position numbers are to serve terms expiring on the day before the
annual meeting in odd-numbered years. Members having even numbers are to serve two-
year terms expiring on the day before the annual meeting in even-numbered years.
(d) Removal of members of the ethics commission other than by resignation or expiration of
term shall be for cause as determined by the mayor and council following a public hearing.
As used herein, "cause" shall include but not be limited to, failure to attend meetings of the
ethics commission on a regular basis; when there is a recommendation from the ethics
commission for conduct allegedly reasonably calculated to result in the ethics commission,
the city or the city council being held up to ridicule; while a member, conviction of a crime
which is a felony or misdemeanor involving moral turpitude or dishonesty, or of an ordinance
violation involving moral turpitude or dishonesty; a lack of qualification as determined by the
ethics commission and/or the mayor and council; and conduct or circumstances determined
by the mayor and council to justify removal in the best interest of the city. There is no
property right in an appointment and the existence of cause as grounds for removal is not to
be considered as creating any property right in the appointed position, nor is the existence of
any hearings or procedures to be deemed or considered as creating any property right.
Sec. 23-35. - Voting.
Sec. 23-36. - Meetings.
Sec. 23-37. - Appointments and nominations.
Sec. 23-38. - Officers.
Sec. 23-39. - Compensation, expenses and staffing.
Sec. 23-40. - Counsel.
Sec. 23-41. - Limitation of liability.
Sec. 23-42. - Advisory opinions.
Sec. 23-43. - Complaints.
Sec. 23-44. - Final and concluding action on complaint cases.
Sec. 23-45. - Right to appeal.

Chapter 26
Chapter 26 - FIRE PREVENTION AND PROTECTION


Sec. 26-1. - Tampering with a fire hydrant prohibited.
It shall be unlawful for any person to tamper with, damage or cause to be damaged any fire hydrant
within the corporate limits of the city. For purposes of this section, the term "tampering" shall mean any
act directed toward the opening, the defacing or the removing of any part of a fire hydrant that interrupts
or interferes with the general and specific function of that hydrant as furnishing a source of water for
firefighting purposes. Nothing contained within this section shall prohibit those members of the fire
department from acting in their official capacity, nor shall it prohibit other persons specifically authorized
by the city manager to use the fire hydrants.
(Code 1970, 7-8; Code 1983, 4-2-5)
Sec. 26-2. - Tampering with alarm system.

It shall be unlawful for any person to willfully, maliciously or mischievously interfere or tamper with
any fire alarm box or any of the appliances or apparatus connected therewith, located within the corporate
limits.
(Code 1983, 4-2-6)
Sec. 26-3. - Driving over fire hose.

No person shall drive or operate any vehicle at any time over or across any fire hose in or upon the
streets, alleys, sidewalks or public ways of the city at any place where this hose is being used by the fire
department.
(Code 1983, 4-2-7)
Sec. 26-4. - Interfering with equipment.

No person other than a duly enrolled member of the fire department shall ride upon the fire trucks of
the city at any time, nor use, borrow or interfere with any fire department equipment, or attempt to use the
equipment at the scene of a fire unless authorized to do so by the fire chief.
(Code 1983, 4-2-8)
Sec. 26-5. - False fire alarms.

It shall be unlawful for any person to willfully, maliciously or mischievously turn or give or cause to be
turned in or given a false fire alarm within the corporate limits. [recommend adding a specific fine,
similar to commercial alarms and other violations throughout this Chapter.]
(Code 1983, 4-2-9)
Sec. 26-6. - Propane gas tanks; identified; inventoried; updated.

(a) Each aboveground propane gas tank that is owned by a propane gas firm shall be identified
with the name of the firm, and firm's telephone number. It shall be the responsibility of the
propane gas firm to inventory each tank that the distributor services; letter each with the
name of the distributor's firm and 24 hour emergency telephone number; record it; and
provide the city marshal with the original copy of the inventory with updates as they occur.
Distributors shall include the location of underground propane gas tanks on their lists, but do
not have to mark the tanks.
(b) Each propane gas tank serviced by a distributor but owned by the resident shall be so
identified on the distributor's inventory. Neither the distributors nor the owners need letter
these propane gas tanks, unless the owners and distributors so agree.
[Not currently done. How to enforce such a regulation against the propane vendors? Ferrell,
Strickland, Claxton. Are there any underground tanks? Doubtful. Recommend delete section
or reword to capture intent. Chief fields would like the inventory if possible.]
(Code 1983, 4-2-10)

ARTICLE II. - FIRE DEPARTMENT

Sec. 26-36. - Office of chief created.
The office of chief of the fire department is created [why? Recommend delete]. The chief shall
be appointed hired by the city manager.
(Code 1983, 4-2-1)
Sec. 26-37. - Department controlled by chief.

The fire chief shall direct all employees and activities of the city fire department involving the
effective operations of the fire and first responder functions, under the general direction of the city
manager.
(Code 1983, 4-2-2)
Sec. 26-38. - VolunteersCompensation.

All work or services done by volunteers shall be without compensation unless otherwise authorized
by the city manager or his designee.
(Code 1983, 4-2-3)
Sec. 26-39. - SameEmployee status for purposes of workers' compensation.

All persons designated as firefighters and who are engaged in any capacity in firefighting activities
on behalf of the city are designated and classified as municipal employees to the extent that any accident
in which they may be involved while engaged in firefighting activities on behalf of this municipality shall be
covered by all provisions of the workers' compensation acts and state statutes.
(Code 1983, 4-2-3.1)
Sec. 26-40. - SameUnder direction of chief; consent to engage in work.

All persons volunteering for service in the fire department or engaged in the work of the department
shall be under the sole direction and control of the fire chief during the period of that work or service,
except that the absence of a member at two consecutive meetings of the department may be grounds for
his removal by the governing body. No person is to engage or do any work of the department without the
consent of the chief, and no person is to become a member of the department without having been
approved by the city manager.
(Code 1983, 4-2-4)
Sec. 26-41. - Fire subscription rates.

(a) Schedule of fees. Fees for subscribers and fees for nonsubscribers shall be according to the
schedule on file with the clerk of council. For the years 2014 and beyond, each January, the
subscription rate and fees for nonsubscribers shall be adjusted by the change in the
consumer price index for the immediate 12-month period. As used herein, "consumer price
index" shall mean and refer to that table in the consumer price index published by the United
States Department of Labor, Bureau of Labor Statistics, known as the "consumer price index"
for all urban consumers. If such index referred to shall be discontinued, then any successor
consumer price index of the United States Bureau of Labor Statistics, or successor agency
thereto, shall be utilized. [Recommend move to annual fee on file with clerk.]
(b) Exemption from subscription fee. Active members of the city fire department and retired
members of the city fire department or their widows.
(c) Time period. The subscription rate shall be for the calendar year from January 1 to December
31. This fee is nontransferable and is not pro-ratable.
(Code 1983, 4-2-11; Ord. No. 37-2013, 1, 12-12-2013)
Sec. 26-42. - Fire subscription available outside city limits; agreement and payment.
(a) Property owners living outside the city limits in unincorporated areas of the City may
subscribe for fire services. Service is to be provided when available under normal operating
conditions.
(b) Subscribers must sign an annual subscription agreement and prepay the annual subscription
fee.
(c) In the event a non-subscriber is provided services by the city fire department, the
owner/occupant of the property shall be responsible for reimbursing the city for the cost
involved in providing fire fighting or other emergency services on an hourly basis at the then
current rate of service provided by the department.
[Recommend reverse these two sections, stating who is eligible, then fees. Recommend flat fee
specified annually, not tied to CPI. Recommend language change shown to define who
eligible.]
(Code 1983, 4-2-2012; Ord. No. 36-2013, 1, 12-12-2013)

ARTICLE III. - FIRE PREVENTION CODE[1]

Footnotes:
--- (1) ---
Editor's noteOrd. No. 25-2012, adopted August 23, 2012, amended art. III in its entirety to read as
herein set out. Former art. III, 26-6926-71, pertained to similar subject matter, and derived from
Code 1970, 7-4; Code 1983, 4-2-21, 4-2-24, 4-2-25.

Sec. 26-69. - Adoption.
There is adopted by the city for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention
Code [this Chapter? There is no other], as may be amended, or by specific modifications as per
section 26-70 which code and amendments not less than three copies have been and now are on file in
the office of the clerk of council, and this code is adopted and incorporated fully as if set out at length
herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling
within the limits of the city.
(Ord. No. 25-2012, 8-23-2012)
Sec. 26-70. - Amendments and modifications to Fire Prevention Code.

The following provisions shall amend and modify the provisions of the Fire Prevention Code [this
Chapter? There is no other] and, if in conflict with the provisions of the Fire Prevention Code, shall
control and prevail:
(1) No building or structure shall be erected hereafter closer than ten feet (measured from the
closest point of the structure footprint to the property line) to the adjacent property line except
the following:
a. An accessory building not more than one story in height, located on the same lot with a
dwelling, provided that building shall be placed at least five feet from any lot line.
b. A building so constructed that the exterior walls that adjoin adjacent property be built to
form a firewall and/or have a sprinkler system installed.
(2) The walls that separate units in any building constructed with two or more units that may be sold
as individual units, such as in condominiums, shall be firewalls.
(3) Where more than one building or structure is built on a single lot, there shall be a minimum
distance of ten feet between structures unless separated by firewalls.
(4) Any building erected with the purpose of accommodating more than one commercial
establishment shall have firewalls to separate each establishment unit.
(5) Wood shingles, treated or untreated, shall not be accepted as an approved material for a roof
covering. All roofing shall be classified a class A, class B or class C under the test specifications
of Underwriter's Laboratories, Inc.
(6) Any person or entity owning or operating business or commercial buildings shall be governed by
the standards provided by the International Fire Code, Life Safety Code, and other standards as
adopted.
(7) Common walls, that separate two or more units or two or more stories in a multi-unit structure,
shall be firewalls.
(8) In all multi-family structures of two or more units, each dwelling unit shall be separated as
required by the following:
a. Two family structures shall be separated as required by the latest edition of the
International Residential Code as adopted.
b. Multi-family structures shall be separated as required by the latest edition of the
International Building Code and the International Fire Code as adopted.
(Ord. No. 25-2012, 8-23-2012)
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.
(Ord. No. 25-2012

Chapter 30
Chapter 30 - LAW ENFORCEMENT
ARTICLE II. - POLICE DEPARTMENT
Sec. 30-24. - Chief of police; powers and duties.
The chief of police plans, directs, organizes and coordinates the activities of the city police
department in accordance with city ordinances and state law under the general supervision of the city
manager. (Code 1983, 4-1-1)
Sec. 30-25. - Patrol and arrest powers.

The police officers of the city shall be clothed[meaning?], in addition to such authority as shall be
given by the mayor and council, with all the authority as to the enforcement of the law, the preservation of
the peace and the upholding of the dignity of the state and the city as municipal police officers and other
law enforcement and peace officers are now clothed by law[meaning? Which law County, State,
Fed?], and it shall be the duty of such city police officers to patrol the city as they shall be directed; to
enforce all rules and ordinances as shall be made and promulgated by the mayor and council; to arrest
persons for violations of state laws, city or county ordinances, or who are charged with violations of state
laws, city or county ordinances; to execute criminal warrants; to preserve order; to discharge in the city
such duties as are usually performed by police in cities and other peace officers[?], and generally to obey
all lawful orders of the city. (Code 1983, 4-1-2)
________________________________________________
Chapter 34
Chapter 34 - LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
Sec. 34-1. - Decal required for vehicles involved in transportation business. State took
over licensing of transportation. Still need this Section?
Every person transacting or offering to transact the business of transporting or carrying
goods, etc., passengers or baggage for hire by vehicles and the means of transportation herein
specified on the streets shall, upon paying the tax prescribed in this article, be furnished with a
street decal by the city clerk for each vehicle to be so used and employed, which number of
vehicles shall be stated on oath by such person or representative of the person so engaged in
such business. Such decal shall be placed on the lower right side of the front windshield of such
vehicle, or if not equipped with a front windshield, then in a conspicuous place on such vehicle.
Sec. 34-2. - Sale of items designed or marketed for use with illegal drugs; regulations;
violation and penalty.
(a) License required. It shall be unlawful for any person as principal, clerk, agent or servant to
sell any items, effect, paraphernalia, accessory or thing which is designed or marketed for
use with illegal cannabis or drugs, as defined by state law, without obtaining a license
therefor. Such license shall be in addition to any or all other licenses held by applicant.
(b) Applications. Application to sell any item, effect, paraphernalia, accessory or thing which is
designed or marketed for use with illegal cannabis or drugs shall, in addition to already
existing requirements, be accompanied by affidavits by applicant and each and every
employee authorized to sell such items that such person has never been convicted of a
drug-related offense.
(c) Minors. It shall be unlawful to sell or give items as described above in any form to any male
or female child under 18 years of age.
(d) Records. Every licensee must keep a record of every item, effect, paraphernalia, accessory
or thing which is designed or marketed for use with illegal cannabis or drugs which is sold,
and this record shall be open to the inspection of any police officer at anytime during the
hours of business. Such record shall contain the name and address of the purchaser, the
name and quantity of the product, the date and time of the sale, and the licensee or agent of
the licensee's signature; such records shall be retained for not less than two years.
(e) Regulations. The applicant shall comply with all applicable local and state laws.
(f) Fees. The license fee required herein shall be $150.00.
(g) Penalty. Any person violating any provisions of this section shall be fined not less than
$10.00 nor more than $500.00 for the first offense and succeeding offenses during the same
calendar year and each day that such violation shall continue shall be deemed a separate
and distinct offense.
What does this Section pertain to? Can we eliminate it and refer to State Ordinance?
Sec. 34-3. - Police/fire alarm security service fee.

(a) Fee established. To discourage excessive false alarms at any single commercial/residential
location, enhance the safety of officers of the Tybee Island Police Department and Tybee
Island Fire Department, protect the lives and property of the citizens of Tybee Island, reduce
unnecessary use of police/fire resources, and produce revenues to defray the costs of
police/fire responses to false alarms, a false alarm security service fee is hereby established.
(b) Definitions.
(1) Alarm system means an assembly of equipment and devices arranged to signal the
presence of a hazard requiring urgent attention by the Tybee Island Police/Tybee Island
Fire Departments.
(2) False alarm means a bell, mechanical, electrical, or telephone apparatus, or
combination thereof which is activated for the purpose of summoning the Tybee Island
Police Department/Tybee Island Fire Department to respond to a hold-up, break-in,
burglary, fire, unauthorized entry, destruction of property, or other event requiring
police/fire response when, in fact, the service called for is not needed.
(3) Rate and base. The owner or lessee of any property with an alarm system shall pay to
the city a false alarm security service fee, based upon the total number of false alarms
at such location during the preceding calendar year. The false alarm security service
fee shall be charged as shown in the following schedule:
Number of False Alarms Fee

1 through 5 $0.00
6 through 10 $25.00
11 and up $50.00
(c) Exceptions. Each of the following circumstances shall not constitute a false alarm and no fee
shall be assessed:
(1) Alarm system malfunctions, if corrective measures have been instituted within a 72 hour
period with notification to the Tybee Island Police Department documenting repair
service to remedy the malfunction.
(2) Alarm conditions activated by a person working on the alarm system with prior
notification to the Tybee Island Police Department.
(3) Alarms which can be substantiated as being activated by disruption or disturbance of
utility company facilities by accident or storm conditions.
(d) Appeal. Any owner or lessee of an alarmed premises may appeal the assessment of a false
alarm security service fee to the Chief of the Tybee Island Police Department. Such appeal
shall be in writing and filed with the police chief within ten days of notification of the
assessment.
(e) Shut off requirement. Alarm systems on commercial/residential premises employing audible
signals shall be equipped with shut-off devices that automatically silence the audible signal
20 minutes after the alarm is initially activated.
This pertains only to commercial premises.
(f) Maintenance and operation. The owner or lessee of any commercial property with an alarm
system shall (1) maintain the premises and alarm system in a manner that will minimize false
alarms, (2) respond or cause their representative to appear at the system location within a
reasonable period of time when notified by the Tybee Island Police Department or
monitoring company to provide access to the premises, deactivate the alarm system, or
provide security at the alarm location.
(g) Administration. The police department is responsible for monitoring and documenting false
alarm incidents. The police department is responsible for collecting false alarm security
service fees.
(h) Due date; late payment; penalties. False alarm security service fees shall be due and
payable within 30 days after billing. Fees not paid by the due date shall be subject to
execution fees and interest charges.
(i) Payment of fee condition for doing business. Payment of false alarm fees, as documented
by the Tybee Island Police Department and billed to a business, is a condition of that
business operating within the city. The city is authorized to withhold issuing or renewing a
license to a business which has failed to pay a false alarm security service fee. Any business
which operates or continues to operate within the city when its license has been withheld
under the provision shall be deemed to be operating without a license and shall be subject to
the penalties resulting therefrom.
(Ord. No. 2016-04, 1, 3-10-2016)
Editor's note Ord. No. 2016-04, 1, adopted March 10, 2016, set out provisions intended for
use as Art. VI, 34-90. In order to maintain subject consistency in this Code, and at the discretion
of the editor, said ordinance has been codified herein as 34-3.
ARTICLE II. - BUSINESS LICENSES

The following words, terms and phrases, when used in this article, shall have the meanings
Administrator means the city manager or his designee shall be the administrator for
the licensing and regulation of businesses under this article.
Business means any business, trade, occupation, profession, avocation or calling of
any kind for gain or profit, directly or indirectly; provided that this shall not include any
business, trade, profession and the like licensed by the state unless city licensing is
allowed by state law, nor shall it include any business operating solely under a franchise
granted by the city.
Engaged in business means any person subject to the requirements of this article when he
performs any act of selling any goods or services or solicits business or offers goods or services
for sale for payment in an attempt to make a profit, including the sales or services of the character
as made by a wholesaler or retailer or involved in any of the functions performed as a
manufacturer, either as an owner, operator or agent in any business within this city.
Person means any person, firm, partnership, corporation, association or group of
individuals, or their representatives, acting as a unit.
Why different from definitions in Chapter 1? Can we conform definitions throughout
the Code?
State Law reference State business licenses, local taxes and fees, Ga. Const. art. IX, IV, I.
Sec. 34-29. - License required.
Every business in this city or doing business or engaged in business within the city is required to
have a business license occupational license acceptable to from the city for the privilege of
engaging in a business, profession or occupation within the corporate limits, unless city licensing
is prohibited under state law or the activity is exempted by this Code.
The city requires occupational license. License to conduct business often comes from
somewhere else.
Sec. 34-30. - Separate businesses.
Sec. 34-31. - Application; required information.

Every person required to procure a license an occupational licenses under the provisions
of this Code shall submit an application for the license to the administrator, which application shall
conform to the requirements of this section in addition to any other provisions of this Code.
See comment 34-29.
(1) Unless otherwise provided in this Code, each application shall be a written statement
upon forms provided by the city and submitted ten days prior to opening a new
business.
(2) Each application shall contain the following information:
a. Name and home address of the applicant if an individual or home office address if
a corporation or partnership;
b. Place where the proposed business is to be located;
c. Kind and class of business to be carried on;
d. Name and home addresses of the partners, if a partnership;
e. Names and home addresses of the officers and directors, if a corporation;
f. Any information as may be required by the administrator for the purpose of
determining the amount of any business taxes to be collected under this Code; and
g. Any additional information which the administrator may find reasonably necessary
to the fair administration of this part of the Code which may include a complete
record of all arrests and convictions against the applicant and every partner, officer
or director of the applicant for violations of any and all laws and ordinances of the
city, state or federal government other than minor traffic violations.
(3) Each application shall be signed and sworn to by the applicant if an individual, or by a
partner if a partnership, or by an officer if a corporation.
(4) All information furnished or secured under the authority of this chapter shall be kept in
strict confidence by the city, shall not be subject to public inspection, and shall be
utilized solely by the officers of the city responsible for administering the provisions of
this chapter and the city's business taxes.
(5) False statements on any application for a license shall be grounds for immediate
revocation of the license or denial of the application.
Sec. 34-32. - Administration and violation of article.
Sec. 34-33. - Authority to make rules and regulations.
Sec. 34-34. - Duties of administrator.
Sec. 34-35. - Duration of license; renewal; delinquent fees.
Sec. 34-36. - Exceptions to business licenses and tax.

Nothing herein contained shall be interpreted to require any person to obtain a business
license and pay an occupation tax when all the following conditions are met:
(1) The business transactions are the result of casual or isolated activities, defined as
being without regularity, unusual, occurring at irregular intervals, occasional, being
detached or set apart, or uncombined; more specifically being defined as business
activities which occur two or fewer times in any one month, and also do not exceed 12
times in any one year; however, making products, services or properties available by
advertising or the posting of signs or otherwise on a regular basis, whether or not such
products, services or properties are purchased, rented, or obtained, shall not be
considered casual or isolated activity;
(2) The business transactions involve only personal assets being either sold or rented; and
(3) The business transactions are not the principal occupation of the individual.
(4) The business transactions are the short-term (less than 30 days) rental of the
property which is managed by a rental property management company.
Add #4 to clarify that short-term rentals managed by a property management
company do not require an occupational license since the property is already covered
by the license of the management company.
Sec. 34-37. - Application review procedure.

(a) Review and recommendation by city officer city official [city official is a defined term,
city officer is not defined]. If any provision of this Code provides for the review of an
application for a license by a city officer designated therein, the administrator shall forward a
copy of the application to that officer. The officer charged with the duty of reviewing the
application shall make a recommendation thereon, favorable or otherwise, and shall return
the recommendation to the administrator after receiving a copy of the application.
(b) Compliance with building codes. No license shall be issued to any applicant whose
place of business is not in full compliance with all minimum standard building codes
adopted by the city. [why is this here? No code review is done in granting license.
Recommend omit]
(c) Approval of application; issuance of license. Upon the express approval of the mayor and
council when so required or otherwise upon a determination by the administrator that the
application is in order and all requirements have been met, the administrator shall issue a
business license to the applicant therefor, which license shall state the nature of the
business authorized and bear the date of issuance and the signature of the administrator.
(d) Denial of license. If the administrator finds that the application is not in order or that other
preconditions to the issuance of the license have not been met then the administrator shall
deny a license to the applicant.
(e) Interpretation. Nothing herein contained shall be construed as granting any person
whose business is subject to municipal regulation any legal right to engage in that
business. Why is this here? [recommend omit]
(Code 1983, 9-1-10)
Sec. 34-38. - Display of license and registration.

All persons shall exhibit and display all licenses and registrations issued to them under this
Code in some conspicuous place in their business establishment at which address the license or
registration was issued. Any transient or nonresident person doing business within the city shall
carry the license or registration either upon his person or in any vehicle or other conveyance
which is used in the business and the person shall exhibit the same to any authorized
enforcement officer of the city when so requested.
(Code 1983, 9-1-11)
Sec. 34-39. - Revocation or suspension for violation.

The municipal court, after affording the licensee notice of the charges and opportunity to be
heard with respect to any revocation proceedings, may if it finds this Code to have been violated
by the licensee, his agent, or employee in the operation of the business, revoke the license in its
entirety, suspend the same for a specified period of time, place the licensee on probation, or
place other conditions thereon as the court may deem necessary in addition to any other lawful
punishment for violation of this Code.
(Code 1983, 9-1-12)

Sec. 34-40. - Change of location.
Any person licensed hereunder moving from one location to another shall notify the
administrator of the move and the new address in writing on a form provided by the administrator
no later than the day of moving. The same business license will be valid at the new location if the
new location conforms to the zoning regulations of the city and any other location transfer
requirements of this Code.
(Code 1983, 9-1-13)
Sec. 34-41. - Licenses not transferable.

Business licenses shall not be transferable.
(Code 1983, 9-1-14)
Sec. 34-42. - Amendment, repeal of article.

This article shall be subject to alteration or repeal in whole or in part at any time during the
fiscal year should it be deemed advisable, and no such amendment or repeal shall be construed
to impair the right of the mayor and council to assess or levy a tax for the whole of any year
whenever made.
(Code 1970, 11-2; Code 1983, 9-1-15)
Sec. 34-43. - Right to refuse license issuance.

The mayor and council reserve the right to refuse to issue to anyone any licenses for any
purpose for reasons sufficient to the mayor and council.
(Code 1970, 11-3; Code 1983, 9-1-16)
Sec. 34-44. - License fee for unspecified businesses.

In the event any business or calling [?] not specifically mentioned in the city's schedule of
license taxes shall be established in the city, the mayor and council reserve the right to establish
a license fee for same by majority vote, which fee is to be of equal dignity [?] as the license fees
specifically mentioned in the city's schedule of license taxes; provided, however, that any license
shall not be more than the sum of $1,500.00. [Recommend we do not specify a particular fee
holds throughout the Code. Why state maximum or specific fee? Why not provide ability
to set on a regular basis? Some fees look outdated, in that they seem low for today.]
(Code 1970, 11-4; Code 1983, 9-1-17)

Sec. 34-45. - Carnival operations; special insurance provisions.
The following insurance provisions of coverage shall be the minimum requirements
applicable to carnival operations, consisting of riding devices of every kind and description,
shows, concessions and appurtenant grounds and that the period to be covered by these
insurance limits shall be the applicable fiscal year of the municipality, i.e., May 1 to April 30.
[Why specify? And if specify, current fiscal year is July 1 June 30.]
(1) Public liability ..... $50,000.00100,000.00

(2) Property damage ..... $50,000.00
(3) Excess public liability ..... $50,000.00200,000.00
(4) Total limits:
a. Bodily injury ..... $100,000.00300,000.00
b. Property damage ..... $50,000.00
(Code 1970, 11-5; Code 1983, 9-1-18; Ord. No. 47-B-2014, 1, 8-28-2014)
Editor's note Ord. No. 47-B-2014, 1, adopted August 28, 2014, amended the title of
34-45 to read as set out herein. Previously 34-45 was titled riding devices, passenger
vehicles for hire; special insurance and bonding provisions.
Sec. 34-46. - Reports for purchasing junk or salvage.

Any person engaged in doing business under any license shall also be required to report to
the clerk of council the name and address of each and every person from whom salvage or junk
is purchased, and this report shall further identify the article purchased as junk or salvage. The
said report to the clerk of council shall be made within 24 hours after the completion of the trade,
purchase or acquisition of the junk or salvage.
(Code 1970, 11-6; Code 1983, 9-1-19)
Sec. 34-47. - Designation and purpose of public areas; sales in public

prohibited/limited.
(a) The city council has made the following findings:
(1) That the beach, streets, strand and parks are public areas which are open and
accessible to all persons;
(2) That the public beach, streets, strand and parks of this city are maintained and
subjected to reasonable regulation by this council in order to promote the health, safety,
welfare and morals of all persons;
(3) That said areas provide a unique area for all persons to pursue peaceful relaxation and
quiet enjoyment in a reasonable manner;
(4) That it is desirable and necessary to preserve the unique nature of the areas referred to
above and to protect all persons who utilize those areas from undue annoyance,
disturbance and inconvenience, and for those reasons, the city council states:
It shall be unlawful for any person to sell or offer for sale any goods, wares,
merchandise, or food on any of the public streets, or on the strand, or in any park, or to
solicit from any person for the purchase of any goods, wares, merchandise, or food in
such areas. This prohibition shall not be construed to prohibit the display, offering for
sale or sale of any goods, wares, merchandise, or food immediately in front of the place
of business of the seller, or designee of the seller, provided the seller has a building
from which his business is being operated.
(b) This prohibition shall not be construed to prohibit the city manager from the issuance of a
temporary permit for special events to allow any such sales at designated times and places
where, in the discretion of such city manager, those sales will not annoy, bother or harass
the citizens and visitors of the city.
(Code 1983, 9-1-20; Ord. No. 31-2011, 9-8-2011)
Sec. 34-48. - License fees levied for certain insurance companies.

(a) Life insurer's license fees. There is levied for the year 1998 and for each year
thereafter an annual license fee upon each life insurer doing business within the city
in the amount of $40.00 for each separate business location in excess of one, not
covered by subsection (b) of this section, which is operating on behalf of such
insurers within the city. For the purposes of this section, the term "insurer" means a
company which is authorized to transact business in the class of insurance
designated in O.C.G.A. 33-3-5(1).
(b) License fee for life insurers insuring certain risks at additional business locations. For
each separate business location, not otherwise subject to a license fee hereunder,
operated and maintained by a business organization which is engaged in the
business of lending money or transacting sales involving term financing, and in
connection with such loans or sales, offers, solicits or takes applications for
insurance through a licensed agent of a life insurer for life insurance, said insurer
shall pay an additional license fee of $14.00 per location for the year 1998 and for
each year thereafter.
(c) Independent life insurance agencies, brokers, etc., not otherwise licensed. There is
levied for the year 1998 and for each year thereafter an annual license fee upon
independent agencies and brokers for each separate business location from which a
life insurance business is conducted and which is not subject to the company license
fee imposed by subsection (a) of this section, in the amount of $40.00 for each such
location within the city.
(d) Due date for license fees. License fees imposed in subsections (a), (b) and (c) of this
section shall be due and payable on January 1, 1998 and on January 1 of each
subsequent year.
(e) Other insurance companies. There is levied for the year 1998 and for each year
thereafter an annual license fee upon each insurance company which is not
designated as a life insurance company doing business within the city in the amount
of $40.00. For the purposes of this section, the term "insurance company" means a
company which is authorized to transact business in any of the classes of insurance
designated in O.C.G.A. 33-3-5(26).
(Code 1970, 11-10; Code 1983, 9-1-21)

Any person violating any provision of this article shall, upon conviction, be subject to
a fine not to exceed $500.00 which may be enforceable by the contempt power of the
municipal court and subject to all other penalties authorized by law.
[Why refer to insurance companies? Insurance companies regulated by the State.
Recommend delete.]
(Code 1970, 11-9; Code 1983, 9-1-22; Ord. No. 33-2010, 12-9-2010)

ARTICLE III. - BEACH EQUIPMENT RENTAL[1]

Footnotes:
--- (1) ---
Editor's noteOrd. No. 30-2011, adopted Sept. 8, 2011, amended former Art. III, 34-82
34-89, in its entirety. Former Art. III pertained to similar subject matter and derived from
the Code of 1983.

Sec. 34-82. - LicenseIssued subject to regulations.
All licenses issued authorizing the holder to engage in the business of umbrellas and
chairs shall be considered issued subject to the provisions of this article.
(Code 1970, 11-19; Code 1983, 9-3-31; Ord. No. 30-2011, 9-8-2011)
Sec. 34-83. - SameFiling and approval of application; renewals; request for

proposals; and lines of business.
All persons applying for a license provided for in section 34-82 shall first file an
application with the city requesting a license and the application shall be investigated by
the city manager. A license may only be issued as to locations specified in section 34-85
and such license shall only be authority for operation of the specific business activity to
be conducted and listed on the license or an attachment thereto. Existing prior license
holders at locations specified herein shall be entitled to annual renewal licenses at the
same locations as long as the application is renewed and paid for timely. In the event an
existing or prior license holder shall fail to renew at a location, the license shall not be
renewed or issued except upon a new application.
(Code 1970, 11-20; Code 1983, 9-3-32; Ord. No. 30-2011, 9-8-2011)
Sec. 34-84. - SamePayment fee.

The license/regulatory fee for the renting of umbrellas and chairs for use by the
public, for each fiscal year shall be payable on or before commencing of any business;
however, in order to properly renew a license for an existing location, the fee must be paid
prior to April 1 of the renewal year.
(Code 1970, 11-21; Code 1983, 9-3-33; Ord. No. 30-2011, 9-8-2011)
Sec. 34-85. - Business site locations; parking area.

(a) Each approved business site which shall be located on the sand shall consist of no
more than 30 linear feet (900 square feet) in which merchandise for use on the beach
for rent will be displayed. (No such business operation will be allowed to be located at
the end of any alleys, lanes, or unopened streets or rights-of-way.) The following
locations for any such business are approved by the mayor and council and will be
located at the end of the following streets or lots only and no other locations shall be
permissible without the approval of the mayor and council:
(1) North Beach parking lot, at the middle dune crossover.
(2) Third Street.
(3) Center Street.
(4) Fourteenth Street.
(5) Fifteenth Street.
(6) Tybrisa Street.
(7) Seventeenth Street.
(8) Eighteenth Street.
(9) Nineteenth Street.
(b) Any license so issued shall allow the holder thereof the right to operate its business
from the end of the above streets or crossovers extending in generally north and
south directions half the distance along the beach toward the next street, it being the
intent hereof that a license issued will allow the holder thereof to display merchandise
within the 900 square feet area, but to allow such license holder to rent from said
location northwardly and southwardly from said location in the direction of the street
adjacent to the licensed location and running halfway toward the next northern and
southern streets.
(c) In addition to the beach site location, each business shall include one parking place
for a mobile storage unit displaying a current state license tag and a city parking
decal and legally parked in a designated parking space.
(d) Licenses hereunder shall not be transferable nor may a location or license be sublet.
(e) All authorized operations must comply with all regulations required by the
Department of Natural Resources and secure any and all necessary permits or letters
of permission, if any, required by the Department of Natural Resources.
(Code 1983, 9-3-34; Ord. of 8-9-2007(2); Ord. No. 08-2011, 4-14-11; Ord. No. 30-
2011, 9-8-2011)
Sec. 34-86. - LifeguardRequired; qualifications; duties.

(a) Any person engaged in the business of renting floats, rubber boats, rafts, watercraft
or similar beach equipment for use by the public, shall, before engaging in that
business' employ and maintain at all times within the vicinity of the business site, the
services of a swimmer as a lifeguard who is American Red Cross, Starfish Aquatic, or
United States Coast Guard (Aviation Survival Technician) certified as follows:
(1) Emergency water safety;
(2) CPR;
(3) Basic first aid.
(b) The lifeguard must be approved by the director of the lifeguards. The particular duty
of the business' lifeguard shall be to observe all persons renting any equipment, and
to see that those persons use that equipment in a safe manner, and to go to the aid of
any person in distress in the water.
(Code 1983, 9-3-35)
Sec. 34-87. - SameSalary payment; duties subject to city official.

The lifeguard shall be employed by persons engaged in this business collectively,
and the employer shall be solely responsible to the lifeguard for the payment of his salary
and other expenses; provided, however, the lifeguard shall be subject to the orders of the
chief of police or any other properly designated official of the city with regard to any of his
duties. The lifeguard shall be on duty during all of the time at which the equipment shall be
in use by the public.
(Code 1970, 11-24; Code 1983, 9-3-36)
Sec. 34-88. - SameNonliability of city.

The lifeguard shall not be deemed to be an agent or employee of the city. The city
shall not be liable for any negligence or act of misfeasance or malfeasance on the part of
the lifeguard.
(Code 1970, 11-25; Code 1983, 9-3-37)
Sec. 34-89. - SameContributions to salary.

It shall be unlawful for any person to rent or offer for rent any of the equipment
described in section 34-86 without contributing his proportionate share of the expense of
employing the lifeguard.
(Code 1970, 11-26; Code 1983, 9-3-38)
[Recommend delete since intent of Council is that there will be no expansion of

beach rental licenses. Specifying particular locations and requirements may
inadvertently encourage more license applications.]

ARTICLE IV. - BONDSMEN

Sec. 34-122. - Defined.
Any person who shall for compensation sign any bond for the appearance of any
accused person in any court or who shall procure bond for any person, or who shall
deposit collateral for any person in lieu of bond, or who shall for compensation do the
same to secure the peaceful conduct or good behavior of any person requiring any
security in any court shall be deemed a professional bondsman and shall be deemed as
engaging in business as such.
(Code 1970, 11-51; Code 1983, 9-3-51)
Sec. 34-123. - Permit required; prerequisite to issuance of business license.

No person shall carry on or be engaged in any business as defined in section 34-122
until authorized to do so by a permit granted by the mayor and council. No business
license shall be issued to a professional bondsman until a permit shall have been granted.
(Code 1970, 11-52; Code 1983, 9-3-52)
Sec. 34-124. - Permit application.

(a) All persons engaged or seeking to engage in business as a professional bondsman
shall, on or before January 1 in each year, file with the clerk of council a petition for a
permit to engage in that business, which application shall contain:
(1) A description of all real property in the county, owned in fee simple by any
applicant, showing the fair market value of each parcel. Whenever these
statements of fair market value indicate that the county tax assessments on that
property are disproportionately low, it shall be the duty of the city tax assessor to
increase any assessment proportionately.
(2) A description of mortgages, liens or other encumbrances affecting that real
property, showing the maturity date and amount thereof. No property may be
used as security for a professional bondsman that is encumbered.
(3) A statement of the total amount of all bonds upon which the petitioner may, at
that time, appear as surety. The police commissioner shall have the right to
require the applicant to list any bonds so as to show the date and penal sum of
each.
(4) A list of all bonds upon which the petitioner may, at that time, appear as surety
which have been forfeited and not paid.
(b) The information given in any application shall be given under oath by the applicant;
or, if the applicant is a firm, under oath by each member of the firm; or, if the applicant
is a corporation, under oath by two principal officers of the corporation who are
authorized by the bylaws of that corporation to make an application under oath and to
give any information under oath and to affix the corporate seal thereto.
(Code 1970, 11-53; Code 1983, 9-3-53)
Sec. 34-125. - Investigation of permit applications prerequisite to issuance.

It shall be the duty of the police chief to investigate thoroughly all petitions and to
verify all statements and information required by section 34-124. The police chief shall not
recommend the issuance of a permit to a professional bondsman unless the petition and
accompanying information shall show clearly that the petitioner is the owner of real
property in the county of a fair market value in excess of encumbrances, equal to the total
of twice the value of all bonds upon which the petitioner may at any time appear as surety,
plus the amount allowed as exemption under the homestead laws of this state; provided
that a surety company complying with the laws of this state and having made deposit as
required by law to secure its obligations in this state may act as bondsman under this
article through an agent, acting under a power of attorney, if such power is properly
executed by the surety and all other provisions of this article have been complied with.
(Code 1970, 11-54; Code 1983, 9-3-54)
Sec. 34-126. - Submission of list of property and bonds as surety; revocation of

license.
The police chief shall have the right and authority at all times to require professional
bondsmen to submit a complete list of their property and of bonds upon which they
appear as surety. In the event these lists disclose encumbrances, insolvency or the
inability of a bondsman to sign bonds because of an excess of liability over the required
assets of twice the value of outstanding bonds, or in the event any bondsman shall fail to
furnish any lists or shall contain false information, then the police chief shall have the
power to recommend the revocation of, and the mayor and council shall have the power to
revoke, the professional bondsman's license of any licensee.
(Code 1970, 11-55; Code 1983, 9-3-55)
Sec. 34-127. - Permit required prior to visiting prisoners.

No professional bondsman or agent of any bondsman shall be permitted to visit any
prisoner in this city on business under any license or to sign bonds for any person
imprisoned in this city unless that bondsman or agent shall have previously procured a
permit from the chief of police. As a condition to granting such a permit, the chief of police
shall cause the applicant therefor to be fingerprinted and shall require the applicant to
show a complete record of any conviction in any court for any offense or crime of which
that person may have been convicted and show any other information as will enable him
to ascertain the character of that applicant.
(Code 1970, 11-56; Code 1983, 9-3-56)
Sec. 34-128. - Loitering on police premises prohibited.

No such licensee or agent thereof shall loiter in the police department or on the
grounds thereof or enter the same except when attending court or on business in
connection with that license.
(Code 1970, 11-57; Code 1983, 9-3-57)
Sec. 34-129. - Procedure for failure to pay full amount of bond upon forfeiture.
If any such licensee shall fail to pay the full amount of any bond within one month
after forfeiture thereof, the police commissioner shall have the authority to recommend the
revocation of, and the mayor and council shall have the power to revoke, the professional
bondsman's license of that licensee, and no such license shall be issued of that
bondsman thereafter so long as any part of that bond remains unpaid.
(Code 1970, 11-58; Code 1983, 9-3-58)
Sec. 34-130. - Effect on rights of individuals and companies.

Nothing contained in this article shall be construed as affecting the right of a citizen
to sign a bond not for compensation, or right of surety companies who have complied with
the laws of the state regulating those companies to carry on their regular business.
[No bondsmen on Island. Why this provision? Recommend delete.]
(Code 1970, 11-59; Code 1983, 9-3-59)
Secs. 34-13134-163. - Reserved.

ARTICLE V. - PEDDLERS, SOLICITORS, CANVASSERS

Sec. 34-164. - Registration required.
Any person peddling, soliciting or canvassing within the city shall be required to
register and obtain an identification card as provided by this article.
(Code 1983, 9-3-11)
Sec. 34-165. - Registration fee; application for identification card.

Any person desiring to peddle, solicit or canvass within the city shall pay to the city a
registration fee as fixed from time to time by the mayor and council and shall make
application with the chief of police for an identification card which shall show payment of
the registration fee and the days that the registrant has registered to peddle, solicit or
canvass within the city.
(Code 1983, 9-3-12)
Sec. 34-166. - Exhibition of identification card.

Each registrant shall at all times while in the city have upon his person the
identification card and shall exhibit the same when requested to do so by any law
enforcement officer or by any municipal authority and by any person being solicited.
Possession of this identification card shall not in any way represent an endorsement or
approval of any products or project by the city.
(Code 1983, 9-3-13)
Sec. 34-167. - Unlawful acts.

(a) It shall be unlawful for any person to peddle, canvass or solicit after sundown.
(b) It shall be unlawful for any person to peddle, canvass or solicit within the fire zone of
the city.
(c) It shall be unlawful for any person to peddle, canvass or solicit without having
registered with the city in accordance with this article, or to peddle, solicit or canvass
without having on his person and in his possession an identification card issued in
accordance with this article.
(Code 1983, 9-3-14)
[Recommend delete since no peddling, solicitation, nor canvassing is allowed.]
Secs. 34-16834-190. - Reserved.

ARTICLE VI. - TAXIS AND VEHICLES FOR HIRE[2]

Footnotes:
--- (2) ---
Editor's noteOrd. No. 48-B-2014, 1, adopted August 28, 2014, repealed art. VI, 34-
19134-194 in its entirety and enacted a new art. VI, 34-19134-212 to read as set out
herein. Former art. VI pertained to shuttle/transportation services and was derived from
Ord. of 6-14-2007, 34-16834-170.

Sec. 34-191. - Title.
This article shall be known as the "Taxicab/Vehicle for Hire License and Regulatory
Ordinance."
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-192. - Applicability of chapter.

On January 1, 2015 and thereafter, the operating of taxicabs or vehicles for the
transportation of passengers for hire within the city shall be subject to the conditions,
regulations and restrictions contained in this chapter.
When the term "vehicle", "operator", or other terms and definitions with common
meaning are used in this section, it is to be limited to the conditions, regulations and
restrictions in this article and shall not have any application outside this article.
(Ord. No. 48-B-2014, 1, 8-28-2014)

For the purposes of this chapter only, the following definitions apply:
License and license for operation means an occupation tax certificate. In this article,
license does not mean "operator's license."
Operate, to operate, operating in the city, or any similar term shall be defined as
picking up or dropping off a passenger or any person within the city for a fee or fare,
regardless of the originating point or eventual destination of the person. Notwithstanding
the foregoing, this shall not include any taxicab licensed in another jurisdiction, located
outside of a 50-mile radius from the city, as a taxicab or vehicle for hire, or similarly
licensed, who solely delivers or drops off passengers within the city.
Owner means the one who holds the license to operate a taxicab or vehicle for hire.
Taxicab or vehicle for hire shall be defined as any vehicle for transportation for hire
for passengers and which is operated in the corporate limits of the city. The term includes,
but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle, vehicle offering
shuttle and/or transportation services, motorized cart, personal transportation vehicle,
pedicab or low speed vehicle that offer shuttle and/or transportation services. The terms
"taxicab" and "vehicle for hire" shall be used interchangeably in this article.
Taxi stand means a reserved area where taxis and vehicles for hire may be parked
upon the streets and parking areas of the city while awaiting hire.
Tour service vehicle means a vehicle engaged in the business of carrying passengers
for hire or offering to carry passengers for hire, through any part of the city where the
primary purpose is touring and sight-seeing; including motor coaches which are operated
as a part of special tours and are not operated as a part of a tour service licensed by the
city; excluding limousines (as they are defined by the laws of the state) which are operated
primarily as a transportation service vehicle and which conduct tours on a reservation
basis only; provided, however, that nothing contained herein shall exempt the conduct of
the tours by limousine from the provisions of this article as it pertains to the conduct of
tours by tour guides.
Transportation for hire means to transport at least one person in a vehicle in
exchange for money.
Vehicle means both motorized and non-motorized vehicles.
Vehicle for hire/taxicab regulatory decal means the decal granted by the city for the
privilege of operating a vehicle for hire or taxicab within the corporate limits of the city,
issued upon the receipt of a regulatory fee, if any, and compliance with the requirements
of this article.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-194. - License.

(a) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the
streets of the city unless a license for operation (also known as an occupation tax
certificate or business license) has first been obtained from the designated city
official.
(b) In order to obtain a license, application must be made to the designated city official,
containing the following information:
(1) Name, address and place of business of the applicant. If the applicant is a
partnership, the name, address and place of business of each partner or limited
partner. If the applicant is a corporation, the name and address of each of the
officers of such corporation and those shareholders holding 50 percent or more
of the stock in the corporation, and the principal place of business of the
corporation.
(2) The trade name under which the applicant proposes to operate.
(3) The maximum number and type of vehicles to be operated.
(4) The name of any insurance or surety providing coverage to the applicant for
operation of taxicabs or vehicles for hire.
(Ord. No. 48-B-2014, 1, 8-28-2014)

Sec. 34-195. - Issuance of license.
(a) The designated city official shall determine whether issuance of a license is
appropriate and shall be approved or denied.
(b) Each taxicab or vehicle for hire company, as a condition precedent to receiving a
license to operate a vehicle, must have a physical fixed place of business located
within the county and comply with the provisions of this article. If approved, and upon
payment of the license fee or occupation tax, the license shall be issued. Any license
issued is not transferable by the applicant.
(1) If the license holder relocates or plans to move from the physical fixed address
enumerated in this subsection, then the license holder shall notify the designated
city official in writing within 14 days prior to relocation.
(c) The applicant shall pay all annual regulatory fee(s) at a rate set by the mayor and city
council, if the mayor and council shall so prescribe.
(d) If the application for a license is denied by the designated city official, within 30 days
following the receipt of written notice of the denial from the designated city official,
the applicant may appeal the decision to the mayor and council. Mayor and council
shall consider whether the designated city official abused his or her discretion in
denying the applicant a permit.
(e) Any license shall be valid for one year, and thereafter any license holder will be
subject to renewals, and upon renewal, the applicant shall comply with the terms of
this article as it exists upon the date of the renewal.
(f) For every vehicle the applicant intends to operate as a vehicle for hire or tour service
vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city
official for inspection and for compliance with section 34-211. No vehicle shall be
issued a decal until the vehicle has been registered and passed inspection.
(g) If a license holder has any information concerning any traffic citations, including but
not limited to the operating a motor vehicle while under the influence of intoxicating
beverages or drugs, or any information concerning a change in the qualifying status
by any operator hired or otherwise employed or contracted by the licensee under this
article, then the licensee shall immediately notify the designated city official.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-196. - Suspension or revocation of license.

Following notice to the applicant and hearing before the designated city official, a
license may be suspended or revoked if it is determined that the application or other
documents provided to the city are inaccurate or falsified or if a taxicab is found to be
operating in violation of any provision of this chapter, the laws of the state or the United
States or other law or ordinance of this city. The designated city official may further
suspend or revoke a license or operator license issued hereinunder if it is determined that
an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been
operated in an unsafe manner. Within 30 days of receipt by the licensee of a written
determination by the designated city official revoking the license, the licensee whose
license has been revoked may appeal to mayor and council of the city.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-197. - Vehicle operators.

No person shall operate a taxicab, tour service vehicle or other vehicle for hire within
the city without having first registered with the designated city official, and securing an
operator's license.
(1) A vehicle operator must:
a. Be at least 21 years of age;
b. Hold a valid driver's license;
c. Submit to a criminal background check;
d. Submit a seven-year motor vehicle record issued by the state;
e. Submit a form signed by a physician certifying physical fitness; and,
f. Any other requirement placed upon the operator of a motor vehicle by state
law.
g. Submit any forms required by the city by state and federal laws pertaining to
immigration status.
(2) An applicant for an operator's license under this article must:
a. Not have physical infirmities which make said applicant unsafe or
unsatisfactory as an operator of a vehicle for hire;
b. Not have been convicted of operating a motor vehicle while under the
influence of intoxicating beverages or drugs within two years prior to the
date of the application for such permit, or have been convicted of reckless
driving within one year prior to the date of the application for such permit, or
have been convicted of any of these offenses three or more times within
three years prior to the date of the application for such permit. Nor shall a
permit be issued to any person who has within three years prior to the date
of the application for such permit been convicted of any crime relating to
transporting persons for immoral purposes (prostitution, solicitation for
prostitution, or any sex-related offense), or who has within three years prior
to the date of the application for such permit been convicted of, been on
probation, parole, or served time on a sentence for a felony. A plea of nolo
contendre to any of the offenses set out in this section shall be deemed a
conviction; and
c. Be a citizen of the United States or an alien admitted for permanent
[residence] who has otherwise been granted employment authorization by
the United States Immigration and Naturalization Services.
(3) Fees. Before any license is granted under this article, the following fee(s) shall be
paid by the applicant:
a. Background investigation fee. A background investigation fee in the amount
of $10.00 shall be paid by the applicant upon application being made and
prior to issuance of license;
b. A current seven-year M.V.R. is required at the time of the application and
renewal. This is the responsibility of the license holder; and
c. A regulatory fee as defined in section 58-179, regulatory fee schedule.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-198. - Issuance of operator's license.

(a) The designated city official, shall determine whether issuance of an operator's license
is warranted.
(b) The operator must maintain a valid driver's license to continue operating a vehicle for
hire. In the event the operator's license is suspended or expires, any license issued
pursuant to this chapter shall immediately expire and be revoked.
(c) Operator licenses are non-transferable. Any operator license issued under this article
is not transferable from one driver to another, and is to be used solely by the person
to whom it is issued. Any licensed driver shall notify the designated city official prior
to beginning employment with another company. An operator may not utilize his or
her operator's license with more than one person or entity licensed to operate
pursuant to section 34-194, unless the operator has separate operator licenses for
each person or entity licensed to operate pursuant to section 34-194.
(d) Duration of license. The driver's license shall be in effect for 12 months from the date
of issue. Licenses may be renewed upon application and payment of the required fee,
for each 12-month period thereafter, unless the license for the preceding period has
been revoked or is suspended.
(e) Photograph and display of license. Before any operator's license is issued, the
operator shall submit two passport style photographs to the designated city official.
One photograph shall be attached permanently to the operator's permit for display in
the vehicle at all times in which the applicant is the operator. The second photograph
shall be filed for record by the designated city official. It shall be unlawful for any
person willfully to alter, deface, obliterate, or destroy an operator's license or any
notice displayed to passengers, or cause the same to be.
(f) If the licensed operator receives any legal citation for a moving violation or other
traffic violation, including operating a motor vehicle while under the influence of
intoxicating beverages or drugs, the licensed operator shall immediately notify the
designated city official of such citation.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-199. - Penalty for operating without licensure.

No vehicle shall be operated as a vehicle for hire upon the streets of the city unless
such vehicle has been licensed under the provisions of this article for use as a vehicle for
hire. The operator of any vehicle operating as a vehicle for hire without having a current
valid operator's license for that vehicle shall be subject to a fine pursuant to section 34-49.
This section shall not apply to a taxicab or vehicle for hire licensed in another jurisdiction,
located outside of a 50-mile radius from the city, as a taxicab or vehicle for hire, or
similarly licensed, who solely delivers or drops off passengers within the city, and does
not pick up and drop off passengers within the jurisdictional limits of the city.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-200. - Operator identification.

Each operator of a vehicle for hire in the city shall be issued an identification badge,
with a photo I.D. which shall either be worn around the neck of the operator while working
as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the
vehicle that the operator is operating.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-201. - Vehicle registration.

(a) If required by state law, prior to the use and operation of any vehicle as a taxicab
under the provisions of this article, the owner of said vehicle shall secure and display
on the vehicle a current state license registration tag.
(b) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers
unless the vehicle has been registered with the designated city official as available for
use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on
the lower left portion of the front windshield, a sticker or other signifying marker, as
so determined by the designated city official. If placement of the regulatory decal in
this location is not feasible, the designated city official shall exercise discretion in
determining placement of the decal. Violation of this section shall result in revocation
of the applicant's license.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-202. - Vehicle parking location and taxi stands.

Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire
may not be parked on city property, including the roadways, parking lots and curbs for
more than one hour continuously, unless the driver is in the vehicle. At the discretion of
the designated city official, vehicles for hire may be parked on city property for more than
one hour continuously during special events or when otherwise authorized by the
designated city official.
The designated city official shall have the authority to designate areas within the city
as taxi stands, subject to the limitation that one stand always be located within 100 feet of
the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change,
following ten days written notice to all vehicle for hire companies that are then currently
licensed under this article. In addition, during the hours of 7:00 p.m. until 5:00 a.m.,
vehicles for hire may use areas within the city designated as "loading zones" as a place to
load and unload passengers, subject to the same rules and time constraints that are in
effect for each loading zone.
Vehicles for hire may not be parked in areas designated by signage as "Vehicle for
Hire: No Parking Zone" or similar language.
(Ord. No. 48-B-2014, 1, 8-28-2014)

Sec. 34-203. - Indemnification.
Any taxicab, tour service vehicle or vehicle for hire operating under this article shall
hold the city harmless against any and all liability, loss, costs, damages, or expense which
may accrue to the city by reason of the negligence, default, or misconduct of the company
or operator in connection with the rights granted to such company hereunder. Nothing in
this article shall be considered to make the city liable for damages because of any
negligent act or omission or commission by any taxicab, tour service vehicle or vehicle for
hire operating under this article, its servants, agents, drivers, or other employees, during
the operation by the company of a taxicab, tour service vehicle or vehicle for hire business
or service, either in respect to injuries to persons or with respect to damage to property
which may be sustained.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-204. - Liability insurance.

(a) It shall be unlawful for any person to operate any taxicab, tour service vehicle or
vehicle for hire upon the streets of the city unless the license holder shall, before the
vehicle is placed in operation, file with the designated city official for each such
vehicle a liability insurance policy for the injury of persons or property, a policy of
indemnity insurance with an indemnity insurance company authorized to do business
in the state for each vehicle in use as a taxicab, or a self insurance certificate issued
under state guidelines and regulated by the insurance commissioner of the state.
Proof of insurance shall be kept in the vehicle and on file at city hall. The minimum
insurance coverage for any vehicle for hire covered under this article shall be in
accordance with state law applicable to all automobiles and/or motor vehicles. Such
indemnity insurance shall inure to the benefit of any person who is injured or who
sustains damage to property caused by the negligence of a taxicab, tour service
vehicle or vehicle for hire company or the operator, whether servant, agent, or
independent contractor.
(b) Blanket policy. Any company or person operating a vehicle for hire in the city shall
give a separate policy of indemnity insurance or certificate of self insurance for each
separate vehicle, except where such company or person actually owns or holds legal
title to more than one vehicle, in which event, such company or person may give one
policy of indemnity insurance or certificate or self insurance covering all the vehicles
actually owned. This latter provision, however, shall not apply to any group of
persons separately owning vehicles who may be jointly operating or doing business
under a licensed taxicab, tour service vehicle or vehicle for hire company name. The
vehicle for hire company is responsible for ensuring that individual persons operating
vehicles under said license shall comply with all state laws and local ordinances
governing insurance coverage.
(c) Proof of the original indemnity policy required shall be on file with the designated city
official.
(d) Each certificate of insurance submitted to the designated city official prior to the
issuance of a license shall include, by endorsement to the policy, a statement that
written notice shall be given to the city by certified mail 30 days prior to cancellation
or upon any material change in coverage.
(e) Violation of this section shall result in revocation of the applicant's license.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-205. - Signs and identifying markings.

(a) It shall be unlawful to operate in the city a taxicab or vehicle for hire unless the
vehicle contains at least two signs measuring at least 12 inches in height by 18 inches
in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of
the operator or company and a telephone number where the vehicle's services may be
procured. The signs may be painted on the vehicle or attachable, but must be in place
at all times the vehicle is operated as or available for hire. The operation of a taxicab
or vehicle for hire for transporting passengers which does not bear the signage
required by this chapter shall result in revocation of the operator's license.
(b) The requirements in subsection (a) shall not apply to motorized carts, personal
transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful
to operate in the city as a taxicab or other vehicle for hire for transporting passengers
unless the vehicle contains the words taxi [word "taxi"] located on two opposing
sides of the vehicle. The sign shall be in accordance with the sign regulations
specifically enumerated in section (a), except where dimensions of the vehicle require
a smaller sign. In addition, all of these vehicles must be in compliance with the
requirements placed on motorized carts under this Code (section 66-8).
(c) A license to operate pursuant to section 34-194 is non-transferable, and every sign on
a taxicab or vehicle for hire must reflect the name of the entity or person licensed
pursuant to section 34-194.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-206. - Citations for violations of taxicab and vehicle for hire article.
In addition to law enforcement, the designated city official, or other agents authorized
by the city council and mayor, shall have the authority to cite or suspend vehicle
operators and/or taxicab, tour service vehicles or vehicles for hire companies for
violations of this article.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-207. - Authority for removal from streets.

The designated city official shall have the authority to remove from operation on the
streets of the city any vehicle or operator which is in violation of this article and to prohibit
operation of such vehicle until all deficiencies have been corrected. An order of the
designated city official to remove a vehicle from the city streets may be appealed to the
city council. Until the appeal has been heard and ruled upon, the vehicle or operator
ordered to be removed from service shall not be used for operations.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-208. - Speakers and recorded messages.

(a) It shall be unlawful to operate speakers outside any vehicle for hire within the city;
speakers may be operated within the confines of vehicles for the sole benefit of the
passengers within the confines.
(b) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the
vehicle for hire, which is not constitutionally protected in form and scope of audibility
and which, under the circumstances, of time, place and manner in which it is
produced and audible or perceptible, annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of normal sensitivities
within the area of the audibility or perceptibility of the noise or vibration without the
consent of such person.
(c) All activity associated with a tour, including but not limited to interaction with people,
actors, other tours and props must be contained within the vehicle or method of
conveyance (motor coach, bus, trolley, automobile, van, segways, bicycle, carriage,
walking tours, etc.).
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-209. - Soliciting passengers prohibited.

It shall be unlawful for any person to solicit passengers verbally or by gesture,
directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly
owned facility.
(1) Unlawful solicitation occurs when a driver solicits passengers:
a. From a location other than the driver's compartment or the immediate
vicinity of the driver's vehicle for hire; or
b. In a way that obstructs the movement of a person, or follows any person for
the purpose of unlawful soliciting.
(2) Anyone guilty of the offense of soliciting passengers is subject to a fine or fines
as specified in chapter 42 fees for violations of vehicle for hire ordinance.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-210. - Requirements on motor common or contract carriers.

Any requirements specifically enumerated in this section shall be cumulative, or in
addition to any requirements placed on motor common or contract carriers by state or
federal law.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-211. - Safe and mechanical operation.

All taxicabs or vehicles for hire shall be maintained in a safe and mechanical
condition, with all safety and pollution equipment required by law remaining intact through
service and operation. This inspection shall be performed annually by the designated city
official, and shall be an additional condition precedent to the issuance of a decal
establishing registration under this article pursuant to section 34-202.
(Ord. No. 48-B-2014, 1, 8-28-2014)
Sec. 34-212. - Motorized cart use.

In order to utilize a motorized cart, or personal transportation vehicle as a vehicle for
hire, the motorized cart of personal transportation vehicle must be equipped to seat at
least four people, the driver included.
(Ord. No. 48-B-2014, 1, 8-28-2014)
[Recommend delete since the State regulates taxis. If purpose is to register and
regulate State approved taxis in the City, then re-word to address. Doubtful any of
this is currently done by the City and there is confusion about when and where
private vehicles licensed as taxi can park in the City. Also, what about private
drivers providing taxi service under UBER or LYFT?]
Secs. 34-21334-230. - Reserved.

ARTICLE VII. - ENTERTAINMENT LICENSES[3]

Footnotes:
--- (3) ---
Editor's noteOrd. No. 48-B-2014, 1, adopted August 28, 2014, repealed art. VI, 34-191
34-194 and enacted a new art. VI, 34-19134-212. At the editor's discretion, to prevent
duplication of section numbering, 34-201, 34-202, were renumbered as 34-231, 34-232.

Any business establishment desiring to provide live or recorded amplified music or radio for
the entertainment of its customers shall obtain an entertainment license from the city and pay all
applicable regulatory fees and occupation taxes.
(Ord. No. 16A-2012, 1, 7-12-2012)
Sec. 34-232. - Application.

(a) The application for an entertainment license shall be made to the city manager or manager's
designee in the name of the business establishment but licenses shall be subject to approval
of the mayor and council.
(b) The application shall contain:
(1) The name of the business;
(2) The name of the owner or owners of the business or owners of any corporate or other
entity which conducts the business;
(3) The name, address and 24-hour phone or contact information for a designated
manager or designated contact person for any operational issues (any license holder
must notify the city of any change in the contact representative and provide the same
information on the replacement); and
(4) The address where the entertainment is to be conducted and the nature of any and all
commercial activities conducted at the location to be the proposed hours of operation.
(Ord. No. 16A-2012, 2, 7-12-2012)
Secs. 34-23334-259. - Reserved.

ARTICLE VIII. - SHORT-TERM RENTAL PROPERTIES[4]

Footnotes:
--- (4) ---
Editor's noteOrd. No. 2016-07B, adopted May 26, 2016, set out provisions intended for use as
Art. VII, 34-19534-201. Inasmuch as there were already provisions so designated, these
provisions have been included as Art. VIII, 34-26034-266.
Charter reference Effective date of Ord. No. 2016-07B is May 26, 2016.

Sec. 34-260. - Purpose and intent.
(a) The purpose of this article is to establish regulations for the use of residential dwelling units
as short-term vacation rentals and to ensure the collection and payment of hotel/motel fees
and occupation tax certificate fees.
(b) "Short-term vacation rental" means an accommodation for transient guests where, in
exchange for compensation, a residential dwelling unit is provided for lodging for a period of
time less than 30 consecutive days. Such use may or may not include an on-site manager.
For the purposes of this definition, a residential dwelling shall include all housing types and
shall exclude bed and breakfast accommodations as they are defined by the City of Tybee's
Land Development Code. This is also identified as "STVR".
(c) An owner shall be required to designate an agent for any short-term vacation rental unit,
whose responsibility it will be to comply with the requirements of this section on behalf of the
owner. The owner may be the agent.
(d) "Short-term vacation rental agent" is a local contact person designated by the owner who
shall be available at all times to respond to complaints regarding the condition, operation, or
conduct of occupants of the STVR. Such person is customarily present at a location within
the city for purposes of transacting business, and is responsible for taking remedial action to
promptly resolve issues.
(e) The owner or agent shall not be relieved of any personal responsibility or personal liability for
noncompliance with any applicable law, rule or regulation pertaining to the use and
occupancy of the residential dwellings unit as a short-term vacation rental unit.
(Ord. No. 2016-07B, 5-26-2016)

(a) Within 90 days of the effective date of the ordinance from which this article is derived, no
person shall rent, lease or otherwise exchange for compensation all or any portion of a
dwelling unit as a short-term vacation rental, as defined in section 34-260, without the owner
or rental agent first obtaining an occupation tax certificate and registering each STVR with
the city.
(b) The city must be notified in writing within seven days when there is a change in property
ownership, management, agent, or emergency contact. Failure to do so will void any
registration.
(c) Registrant for a short-term vacation rental shall submit, on an annual basis a registration for
a short-term vacation rental to the City of Tybee Island. The registration shall be furnished
on a form specified by the city manager, accompanied by a non-refundable registration fee
as established by city council and on file with the clerk. Such application should include:
(1) The complete street address of the STVR;
(2) Ownership, including the name, address, e-mail and telephone number of each person
or entity with an ownership interest in the property;
(3) The number of bedrooms, the maximum occupancy and the number and location of off-
street parking spaces on the premises and any off-premises parking applicable;
(4) The name, address and telephone number of a short-term vacation rental agent or local
emergency contact if applicable; and,
(5) Any other information that this chapter requires the owner to provide to the city as part
of the registration for a short-term vacation rental. The city manager or his or her
designee shall have the authority to obtain additional information from the applicant as
necessary to achieve the objectives of this chapter.
(6) The emergency contact number required by section 34-265.
(d) The registration form pursuant to this section shall be processed, and added to a database
to be kept by staff listing STVR unit information and any citations that occur. The city shall
notify the owner and agent of any instances that result in a citation for a code violation or
other legal infraction.
(Ord. No. 2016-07B, 5-26-2016)
Sec. 34-262. - Registration fee/renewal.

(a) The short-term vacation rental application shall be accompanied by an initial registration fee
and subject to an annual registration fee every January 1 thereafter, as established by the
mayor and city council.
(1) The 2016 rental registration fee shall be $0.00 per rental unit.
(2) The annual registration fee thereafter shall be $25.00 per rental unit. A registration fee
is valid from the date the completed registration is filed with the city and payment of the
registration fee has been made. Renewals are due not later than January 1 of the
upcoming year.
(b) Each property shall be issued a registration number.
(c) Failure to register as prescribed by this law will result in a fine of $100.00 for each month
that the unit continues to operate without registration.
(Ord. No. 2016-07B, 5-26-2016)
Sec. 34-263. - Good neighbor policy.

The city shall make available on its website a list of STVR good neighbor policies which
STVR agents are encouraged to share with their clients.
(Ord. No. 2016-07B, 5-26-2016)
Sec. 34-264. - Signs.

All one- and two-family STVR units shall post a sign visible from the street listing emergency
contact name and phone number. Such sign shall not exceed 24 inches 24 inches. Multi-family
units shall post a sign visible from outside the unit listing emergency contact name and phone
number. Such signs shall not exceed 8 inches 11 inches. Variances to this sign rule may be
administered by staff.
(Ord. No. 2016-07B, 5-26-2016)
Sec. 34-265. - Emergency contact.

Not later than January 01, 2017, all STVR units shall be furnished with a telephone that is
connected to a landline or similar type connection, including a voice over internet protocol, in
order that 911 dispatch will be able to readily identify the address and location from where the call
is made when dialed.
(Ord. No. 2016-07B, 5-26-2016)
Sec. 34-266. - Compliance.

(a) It shall be the responsibility of the owner or agent to pay all required taxes required by
Chapter 58, Article IV, Room Excise Tax.
Chapter 38
Chapter 38 - MUNICIPAL COURT

Sec. 38-1. - Absence of judge; replacement; powers.
(a) In the absence or disqualification of the elected judge of the municipality, the mayor, or any member
of the city council designated by the mayor, shall be the judge of the court of the municipality.
[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 courtAmount.
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. - SameAllocation 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.

There 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)

Chapter 42
Chapter 42 - OFFENSES AND MISCELLANEOUS PROVISIONS
[No comments on Chapter 42.]

Chapter 46
Municipal Code Review
Minutes of March 1, 2017 Meeting
1:00pm City Hall
Attending: Jan LeViner, John Major, Alan Robertson.

Guests: Janice Elliott
No meeting is currently scheduled. Alan will meet with outside counsel to review Matrix of
Changes to date.
After some deliberation it was decided to recommend we remove most of Chapter 46 from the
Code and establish HR policies as stand alone city policies, to be reviewed by Council annually
during budget review.

Chapter 54
[1]
Chapter 54 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
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, without first obtaining a written permit from the city.[absolute right not to impact lateral
support]
(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 fine of not less the [than] $100.00 nor more than $300.00[why limit? If so, why not $1,000
everywhere there is a fine? Simply refer to Code Section 1-8 which is a General Penalty
applying to any violation of Code equal to any or all of the following: equal to or less than
$1,000, 6 months imprisonment, 60 days of public work];
(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 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)

ARTICLE II. - EXCAVATIONS AND REPAIRS

Sec. 54-34. - Permit to dig in public places; exception.
No person shall make any excavations or openings or dig any ditch, trench, tunnel or hole in, along,
across or under any street, sidewalk or other public place for the purpose of laying or placing therein any
pipes, wires, or poles for any purpose, unless a written permit therefor has been issued by the city. A
permit shall not be required where that work is performed under a contract with the city but in the event
that work requires a sidewalk or street to be wholly or partially obstructed, the person shall notify the city
and the police department at least two hours before obstructing the sidewalk or street, unless prevented
by sudden emergency.
(Code 1983, 5-1-11)

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?].
(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 superintendent of public works-sanitation[we dont have this position
should be 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.
It shall be unlawful for any person to drag, or run, or cause to be dragged or run any harrow[? dont
see many harrows these days] or other implements, engine, machine tool upon any asphalt, batholithic,
warrenite 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)
Sec. 54-42. - Sidewalks, parking areas, not to be obstructed or damaged.

It shall be unlawful for any person to obstruct or damage in any manner any sidewalk, parking lane
or parking area in the city by allowing landscaping, trees, shrubbery, hedges, branches, roots or other
debris to interfere therewith. Uncontained yard trash or other debris placed in city rights-of-way, including
parking lanes or spaces, is specifically prohibited. Trees shall be pruned to a minimum height of ten feet
above the sidewalk.[recommend review not regularly or ever enforced]
(Code 1983, 5-1-19)
ARTICLE III. - SPECIAL EVENTS[2]

Footnotes:
--- (2) ---
Editor's note Ord. No. 2016-06 , 1, adopted March 10, 2016, 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 7-1-17-1-4 of the 1983 Code; an ordinance adopted April 10, 2008;
an ordinance adopted Sept. 25, 2008; and Ord. No. 21-2015, 1, adopted Sept. 10, 2015.

For the purposes of this article, "Special Event" shall mean any assembly of persons upon the public
beaches, public streets or rights-of-way, or within the city parks or parking lots, where it is either
reasonably anticipated that municipal services will be required, or where additional municipal services are
actually required. There are two general types of special events that require a permit under this article,
those that are planned and permitted and unplanned/pop up special events.
(a) Municipal resources anticipated to be required (planned event). The gathering is reasonably
anticipated to require for its safe and successful execution the provision or coordination of
municipal services by the city or by the event producer to a material degree above that which
the city routinely provides under ordinary, everyday circumstances. Municipal services include,
but are not limited to fire and police protection, crowd control, traffic control, parking control,
street closure, emergency medical services, garbage or trash facilities or clean-up and
sanitation facilities (herein "municipal services").
(b) Municipal resources actually required (pop-up event). The municipal services required for an
unpermitted assembly exceed at any point in time the level of municipal services typically
available from the city for that time and season after taking into consideration the similar,
municipal-type services provided by the person or persons, if any, encouraging the assembly.
Notwithstanding the foregoing, any planned special event to be held in any part of the beach is
presumed to be a special event, except for specifically enumerated exceptions that are a part of this
article. This presumption can be rebutted only by the event producer providing clear and convincing
evidence that, based upon the nature, location, time and season of the event there is a high degree of
probability that the event will not draw a crowd in excess of one person for every seven square feet of
beach controlled by the producer, or where people are gathered for purposes of the event.
(Ord. No. 2016-06 , 1, 3-10-2016)
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.
(9) Whether there is a request for the city to activate the Festival Zone.
(b) Each application for a special event permit required by this article shall contain the information
described in section 54-71(a) and must be filed, and the permit fee paid, no less than 60 days before
the opening of the event to the public. Notwithstanding the foregoing, 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. 2016-06 , 1, 3-10-2016)
Sec. 54-72. - Application and plan.

(a) Each plan included in the special event application, and any conditions imposed by the city manager
pursuant to section 54-75(e), shall be continuously implemented during the special event, and any
failure to do so shall result in the automatic suspension of the permit and suspension of the event
until full implementation is made.
(1) Should the actual attendance at any special event, including persons attempting to enter the
event, or the municipal services actually required at a permitted event exceed for a period of
one hour the number or level anticipated by the application and permit, it shall become the duty
of all persons owning or able to control the event or the event venue to take reasonable,
diligent, and constant measures to reduce the excess until achieved. The failure of any such
person to immediately, after notice from the city, make a reasonable, diligent and constant effort
to reduce the excess 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 excess as compliance if he or she finds (i) that such person is acting in good faith
after notice of the excess, (ii) that full and immediate elimination of the excess 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.
(2) Conversely, should actual attendance fall below the permit estimates for a sustained period and
appear likely to continue at reduced levels, the city manager or his designee shall be
authorized, but not required, to allow the applicant to reduce staffing to the minimums
reasonably required.
(Ord. No. 2016-06 , 1, 3-10-2016)
Sec. 54-73. - 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.
(1) 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 is [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 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/her 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.
(2) 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:
a. With respect to attendance and attempted attendance:
1. Whether the attendance is ticketed.
2. Actual attendance at prior, similar events.
3. The extent of commercial promotion and advertisement of the event, especially promotion
outside of the City of Tybee, 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").
4. The extent of spontaneous social media encouraging attendance at the assembly.
5. Whether the location and configuration [of] 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.
6. The number in attendance and attempting to attend shall be determined by the chief of
police or his/her designee using recognized or previously established law enforcement
estimating techniques.
b. With respect to municipal services actually required:
1. Repeated pedestrian trespass.
2. Repeated vehicular trespass.
3. Illegal parking.
4. Traffic congestion.
5. Apparent need for sanitation facilities as evidenced by public urination or other bodily
functions.
6. Repeated and flagrant instances of illegal activity.
7. Repeated noise ordinance violations after notice, including differing offenders.
8. Unusual amount of trash being abandoned with no apparent resources available to clean
up after event.
9. Unusual or repeated need for medical assistance.
(3) 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.
(Ord. No. 2016-06 , 1, 3-10-2016)
____________________________________________________

Chapter 58
Chapter 58 - TAXATION
Sec. 58-1. - Delinquent taxes.

All taxes due the city when delinquent shall be collected by every means allowed by law.
[Shawn with Angela - Need to clarify procedure for collecting delinquent taxes. Need to
establish policy regarding placing and lifting liens.]
(Code 1983, 3-2-1)
Sec. 58-2. - Interest on tax executions.

All tax executions shall earn the maximum rate of interest allowed by law.
(Code 1983, 3-2-2)
Sec. 58-3. - Taxation and revenue.

(a) Taxes on real and personal property and any and all assessments due to the city may be collected
and executions therefor may issue as provided in section 1.13(37) and section 6.10 of the Charter.
The city clerk shall be authorized to designate an agent, including the county tax commissioner, to
bear tester in the name of the mayor or the mayor pro tem. All executions may be directed to the
county tax commissioner, or other levying officer. All sales shall be conducted on the steps of the
Chatham County Courthouse, Savannah, Georgia.
(b) Forms for execution procedures shall be substantially as follows:
(1) Consolidated fi fa.
(2) Levy notice.
(3) Notice to owner, security deed holder or mortgagee.
(4) No particular forms or language shall be required for publication notice, written evidence of sale
and/or any other documents which might be necessary or appropriate in dealing with the
collection of delinquent taxes, executions and conveyances in connection therewith.
(c) Included within the costs collectible as a result of an execution shall be all costs for advertising the
sale of the property levied upon, all postage and other costs of notices provided to the defendant in
execution or to the indebted party, and all recording costs and fees.
(Code 1983, 3-2-3)
Sec. 58-4. - 9-1-1 charge on prepaid wireless service at retail point of sale.
(a) 9-1-1 Charge on prepaid wireless transactions. In accordance with O.C.G.A. 46-5-134.2, there is
hereby imposed a prepaid wireless 9-1-1 charge as defined by O.C.G.A. 46-5-134.2(a)(4) upon
every prepaid wireless retail transaction occurring within the jurisdiction of the public service
answering point in the amount of $0.75.
(b) Collection of 9-1-1 charge on prepaid wireless transactions. Prepaid wireless 9-1-1 charges collected
by sellers shall be remitted to the Commissioner of the Department of Revenue at the times and in
the manner provided by Chapter 8 of Title 48 of the Official Code of Georgia Annotated with respect
to the sales and use tax imposed on prepaid wireless calling service.
(c) Administrative provisions. The clerk of the City of Tybee Island, Georgia, is hereby directed to file
with the State Revenue Commissioner a certified copy of this article and amendments thereto in
accordance with O.C.G.A. 46-5-134.2(j)(l) by December 31, 2011.
[Need to check with Bubba on this date]
(d) Depositing of funds; use of funds. In accordance with O.C.G.A. 46-5-134.2G)(5), funds received by
the City from charges imposed by this article shall be deposited in the emergency telephone system
fund maintained by the City pursuant to O.C.G.A. 46-5-134(d)(2) and kept separate from general
revenue of the jurisdiction. All such funds shall be exclusively for the purposes authorized by
O.C.G.A. 46-5-134(f).
(Ord. No. 34-2011, 10-13-11)
[Angela to research certifying that the City can collect this tax.]

ARTICLE II. - PROPERTY TAXES

Sec. 58-30. - Tax levied; homestead exemption.
(a) An annual ad valorem tax upon all real and personal property within the city is levied. The millage
rate therefor shall be established each year by resolution of the mayor and council. The rate shall be
a total of the rates authorized by law for general, recreation, education and debt retirement needs of
the city.
(b) Individuals qualifying for the city homestead exemption shall be granted such exemption as follows:
each resident of the city who is a senior citizen is granted an exemption on that person's homestead
from all ad valorem taxes for city purposes in an amount equal to the amount of assessed value of
that homestead which exceeds the assessed value of that homestead for the taxable year
immediately preceding the taxable year in which this exemption is first granted to such resident if that
person's income, together with the income of the spouse of such person and any other person who
resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable
year. This exemption shall not apply to taxes assessed on improvements to the homestead or
additional land that is added to the homestead after January 1 of the base year. If any real property
is removed from the homestead, the assessment in the base year shall be recalculated accordingly.
(1) The term "income" means federal adjusted gross income, as defined in the Internal Revenue
Code of 1986, as amended, from all sources.
(2) The term "senior citizen" means a person who is 62 years of age or over on or before January 1
of the year in which application for the exemption under this section is made.
(3) The term "base year" means the taxable year immediately preceding the taxable year in which
the exemption under this act is granted.
(c) All new and renewal applications for homestead exemption shall be due by April 1 of each year.
(Code 1983, 3-2-11)
Sec. 58-31. - Assessment.

All property subject to the ad valorem tax shall be assessed at 40 percent of its full fair market value
as established by the county for county ad valorem tax purposes.
(Code 1983, 3-2-12)

Sec. 58-32. - Tax due and payable.
(a) Purpose. The purpose of this section is to require the payment of taxes in the calendar year 1997
and subsequent years in two regular installments.
(b) Tax installments due. City ad valorem taxes shall be due and payable in two installments. The first
installment shall be due and payable on June 1 of each year, and the second installment shall be
due and payable on November 15 of each year.
(c) Tax digest and rendition of statements. The first installment of taxes for the year shall be paid
on statements prepared and rendered on the basis of one-half of the total tax levied on said
property in the prior year by the taxpayer of said property for the calendar year; with the
updating of ownership and other necessary corrective changes in order to issue said tax bills
and corrections. The second installment shall be due and payable on November 15, and the
tax statements for this payment shall be made on the basis of the current Tax Digest
approved by the state revenue commissioner with the billing taking into consideration the
adjustments as approved on the current Tax Digest giving due and proper credit for the
payment made on June 1. [Consider changing to reflect change of budget to Fiscal Year July
1 June 30.]
(d) Penalties and interest. Any final installment not paid on the due date shall bear penalties and interest
as authorized under the general laws of the state, O.C.G.A. 48-2-44(b)(1).
(e) Executions. Executions will be issued as provided by the general laws of the state on all properties
for which taxes are not paid at the final installment date. Execution expenses shall also be applicable
as provided by the general laws of the state, O.C.G.A. 48-5-161(b).
(f) Exception. Executions may be delayed by the city and added to future year's billings whenever the
amount due is not significant in relation to the city's needs. Further, when the amount due the city is
less than $1.00, the city manager may excuse the amount due.
(Code 1983, 3-2-13)
Sec. 58-33. - Homestead exemption.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meaning:
Ad valorem taxes for municipal purposes means all ad valorem taxes for municipal purposes, levied
by, for, or on behalf of the city except for taxes to pay interest on and to retire bonded indebtedness.
Homestead means homestead as defined and qualified in O.C.G.A. 48-5-40.
(b) Exemption granted. Each resident of the city is granted an exemption on that person's homestead
from all city ad valorem taxes for municipal purposes, as follows: for all taxable years beginning on or
after January 1, 2004, in the amount of $80,000.00 of the assessed value of that homestead. The
value of that property in excess of such exempted amount under this subsection shall remain subject
to taxation. [Recommend revising this amount. See Master Plan regarding affordable housing.]
(c) Qualifications. In order to qualify for the exemption granted herein, an individual must have filed for
homestead exemption on the property in question with the county. The city designates the
appropriate county official as its designee for purposes of receiving the applications to qualify for the
homestead exemption granted herein, it being the express intention hereof that city residents who
qualify for the homestead exemption for county purposes shall also automatically qualify for the
exemption for municipal ad valorem taxes, including all of those qualified as the first taxable year of
the special homestead exemption.
(d) Renewal; ineligibility. The special homestead exemption shall be claimed and returned as provided
under state law for other exemptions and shall be automatically renewed from year to year as long
as the owner occupies the residence as a homestead. After a person has properly qualified for the
exemption, it shall not be necessary to make application thereafter for any year as the exemption
shall continue to be allowed for such person. In the event an individual becomes ineligible for the
special homestead exemption it is the duty of such person to notify the governing authority of the city
or the designee thereof, including the appropriate official of the county.
(e) Ad valorem taxes. The exemption granted by this section shall not apply to or affect state ad valorem
taxes, county ad valorem taxes for county purposes or county school district ad valorem taxes for
educational purposes. The homestead exemption granted by this section shall be in addition to and
not in lieu of any other homestead exemption applicable to ad valorem taxes for municipal purposes.
(f) Applicability. The exemption granted by this section shall be applicable to all taxable years beginning
January 1, 2003.
(Code 1983, 3-2-14)

ARTICLE III. - ALCOHOLIC BEVERAGE EXCISE TAXES

Sec. 58-70. - Imposed and levied.
In addition to all other tax or license fees heretofore or hereafter imposed upon retail dealers
engaged in the city in the business of selling malt beverages, wine or spirituous liquors as defined under
state law, there is imposed and levied upon all such retail dealers within the city for each fiscal year
beginning January 1 a license tax for the privilege of doing such business in the city, to be computed and
collected as hereinafter set forth. The term "retail dealers" shall include clubs and similar organizations.
(Code 1970, 3-17; Code 1983, 3-2-21)
Sec. 58-71. - Amount of tax per beverage.

The amount of the license tax imposed by this article on such dealers shall be computed on
the following basis:
(1) Malt beverages.
a. Cases of 24 bottles or cans when each bottle or can contains 12 ounces or less at
$1.20 per case.
b. Cases of 24 bottles or cans when each bottle or can contains more than 12 ounces
up to and including 14 ounces at $1.40 per case.
[Note 15oz omitted between b. and c.]
c. Cases of 24 bottles or cans when each bottle or can contains more than 16 ounces
d. Cases of 12 bottles or cans when each bottle or can contains more than 14 ounces
e. Barrels, kegs or drums with a capacity of 7.75 gallons or less at $4.13 each.
f. Barrels, kegs or drums with a capacity of more than 7.75 gallons up to and including
9.3 gallons at $4.96 each.
g. Barrels, kegs or drums with a capacity of more than 9.3 gallons up to and including
15.5 gallons at $8.27 each.
h. Barrels, kegs or drums with a capacity of more than 15.5 gallons up to and including
31 gallons at $16.53 each.
(2) Wine. Twenty-two cents per liter on wine.
The term "case" as applied to wine shall mean a carton or other container containing 24
bottles of pint size or smaller, or 12 bottles of either quart size or fifth size.
(3) Liquor. Eighty cents per gallon. Fractional parts of gallons, cases or barrels, kegs or
drums, or any other size or type of containers shall be computed proportionately.
[Consider removing fee schedule from Code to update annually. Refer to fee schedule in
Code.]
(Code 1970, 3-18; Code 1983, 3-2-22)
Sec. 58-72. - Payment date; wholesale regulations.

(a) The license tax imposed herein on malt beverages and wines shall be computable and payable
monthly.
(b) Each wholesale dealer or distributor selling, shipping or delivering malt beverages or wines to any
retail dealers in the city, whether delivered to the retail dealer's place of business or elsewhere for
resale in the city, shall as a condition to the privilege of carrying on that business in the city:
(1) Keep true and correct records of all sales, shipments or deliveries of any malt beverages or
wines to each retail dealer in the city; these records to be preserved for a period of one year
and to be made available on request for the inspection of any duly authorized representative of
the city;
(2) Collect from each such retail dealer in the city and add on each invoice at the time of delivery of
the malt beverages and wines the amount of license tax due under the terms of this article, and
hold the same in trust for the city until that amount is remitted to the municipality as next
provided; and
(3) On or before the tenth day of each calendar month, make a verified return to the city for the
monies collected from retail dealers for the month immediately preceding said report,
accompanying that return with a remittance to the city for all license taxes collected.
[58-72: Consider auditing this process.]
(Code 1970, 3-19; Code 1983, 3-2-23)
Sec. 58-73. - Failure to pay tax; revocation of license.

If any wholesale dealer or distributor fails or refuses to make the returns herein provided for, the city
shall notify that party in writing, and, if the returns are not made and the license taxes are remitted within
five days from date of that notice, the municipality may withdraw from the wholesale dealer or distributor
the privilege of doing business in the city by revoking his license. On any failure to make returns and pay
the license taxes accrued, the city shall proceed to assess the amount of taxes due under this article from
retail dealers who have purchased from such wholesale dealer or distributor, from the best information
available, and proceed to collect those license taxes as provided by ordinance for the collection of
delinquent license taxes.
(Code 1970, 3-20; Code 1983, 3-2-24)
Sec. 58-74. - Records to be kept; availability to city officials.

Each wholesale dealer in spirituous liquors (which shall include all alcoholic beverages excepting
beer and wine) shall keep 51-A and 51-B records available for inspection at all times by duly authorized
agents and/or representatives of the city. These records shall show the amount and quantity of each item
sold by each wholesaler to each retailer and that wholesaler shall collect at the time of the delivery to the
retailer the license tax due under this article.
(Code 1970, 3-21; Code 1983, 3-2-25)
Sec. 58-75. - Retail sale without tax payment prohibited.

It shall be a violation of this article for any person to sell at retail within the city any malt beverages,
wines or spirituous liquors on which the license taxes herein provided for have not been paid to the
wholesale dealer or distributor for the municipality.
(Code 1970, 3-22; Code 1983, 3-2-26)
Sec. 58-76. - Collection on delivery required.

It shall be unlawful and a violation of this article for any wholesale dealer or distributor or person to
deliver any malt beverages, wines or spirituous liquors to any retail dealer in the city without first
collecting the license taxes.
(Code 1970, 3-23; Code 1983, 3-2-27)
Sec. 58-77. - Possession without tax payment prohibited.

It shall be unlawful for any person engaged in the sale as a retail dealer of alcoholic, vinous or malt
beverages to have in his possession any of those beverages unless the tax required by the city shall first
have been paid to the wholesaler, distributor or other source delivering or causing the beverages to be
delivered to the retail dealer, and, whenever any such beverages are found in possession of a retail
dealer where records of the payment of the city tax shall not appear upon the records of the wholesale
liquor dealer to the city, it will be presumed that the tax has not been paid and the burden shall be upon
the retailer to provide that fact.
(Code 1970, 3-24; Code 1983, 3-2-28)
Sec. 58-78. - Violation; revocation of wholesaler's license, confiscation of liquor.

Any person engaged in the distribution by wholesale of any of the beverages mentioned in this
article willfully violating the same shall be subject to revocation of their license to do business within the
corporate limits of the city, and all liquor found in the possession of any retail establishment in the city
which has not paid the tax or reported same under this article shall be subject to confiscation by the
municipal authorities of the city, in addition to the other penalties set forth in this article, and sold by the
city.
(Code 1970, 3-25; Code 1983, 3-2-29)
Sec. 58-79. - Revocation of retailer's license.

Any retailers violating the provisions of this article shall, in addition to the penalties hereinabove set
forth, be subject to revocation of their license to do business in the city as provided in other ordinances of
the city.
(Code 1970, 3-26; Code 1983, 3-2-30)
Sec. 58-80. - Distilled spirits by the drinkTax levied.

There is levied an excise tax on the sale of distilled spirits by the drink in the amount of three percent
of the charge to the public for the beverage. This tax does not apply to the sale of fermented beverages.
(Ord. of 6-9-2005, 1)
Sec. 58-81. - SamePayment; collection; receipts.
(a) The tax imposed on resale consumption dealers by section 58-80 shall be payable as provided in
this section.
(b) Every licensee shall, at the time of collecting for food and drinks served, give to the purchaser a
receipt on which the price of alcoholic beverages served shall be itemized separately. Where the
charges for food and drink are satisfied by credit or deferred payment [is this considered a
tab? If so, need to delete not enforceable.], the payment of the tax to the licensee may be
deferred in a like manner; however, the licensee shall be liable therefor at the time and to the extent
that such credits are incurred.
(c) Every licensee or its agent is authorized and directed to collect the tax imposed in this article from
purchasers of alcoholic beverages by the drink sold within its licensed premises. Such licensee or
agent shall furnish such information as may be requested by the city manager to facilitate the
collection of this tax.
(d) All taxes collected by any licensee or agent under this article shall be due and payable to the city on
or before the 20th day of every month next succeeding each respective calendar month, as set forth
in this division.
(e) On or before the 20th day of the month, a return for the preceding calendar month shall be
filed with the city clerk in such form as the city clerk may prescribe by every licensee liable
for the payment of tax under this division. [Recommend changing to Finance. Clerk doesnt
do this.]
(f) All returns shall show the gross receipts from the sale of alcoholic beverages by the drink, amount of
tax collected or authorized due for the related period, and such other information as may be required
by the city clerk.
(Ord. of 6-9-2005, 2)

ARTICLE IV. - ROOM EXCISE TAX

City means the City of Tybee Island and, variously, the incorporated territory of the city, wherein the
city is empowered to impose this tax by O.C.G.A. 48-13-50 et seq.
Innkeeper means any person who is subject to taxation under O.C.G.A. 48-13-50 et seq., for
furnishing for value to the public any rooms, lodgings, or accommodations.
(Code 1983, 3-2-41A)
Sec. 58-107. - Imposition of tax.

Pursuant to O.C.G.A. 48-13-50 et seq. authorizing each municipality in the state to impose,
levy, and collect an excise tax upon the furnishing for value to the public of any rooms, lodgings,
or accommodations furnished by any person or legal entity licensed by or required to pay
business or occupation taxes to the municipality for operating a hotel, motel, inn, lodge, tourist
camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are
regularly furnished for value, there is levied an excise tax on the charges to the public for such
furnishing of any rooms, lodgings, or accommodations within the city. The tax shall not apply to
charges for rooms, lodgings, or accommodations which are provided:
(1) For continuance occupancy of more than 30 consecutive days, the tax shall apply to the
charges for accommodations during the first 30 days of continuous occupancy.
(2) To any persons who certify that they are staying in such room, lodging or
accommodation as a result of the destruction of their home or residence by fire or other
casualty;
(3) For meeting rooms and other such nonlodging facilities;
(4) Without charge in money or other form of direct or indirect compensation;
(5) To officials or employees of the state government or any of its instrumentalities, and to
officials or employees of local governments of the state (municipalities, counties and
school districts), when such official or employee is traveling on official, public business
and provides documentation thereof issued by the governmental unit. Occupancy may
be for any period and charges may be paid by any means. Member institutions of the
state university systems are instrumentalities of the state. Notwithstanding the
availability of any other means of identifying the person as a state or local government
official or employee, whenever a person pays for any rooms, lodgings, or
accommodations with a state or local credit or debit card, such rooms, lodgings or
accommodations shall be deemed to have been furnished for use by a state or local
government official or employee traveling on official business for purposes of the
exemption provided by this subsection;
(6) To foreign nationals who are members of their legation (diplomatic mission) in this
country and who provide documentation thereof issued by the United States Department
of State. Occupancy may be for any period;
(7) To employees of the United States government and its instrumentalities for
accommodations furnished for any period when charges are paid exclusively by check
or other negotiable instrument issued by the United States of America or any of its
instrumentalities. Unless the charges are paid directly by the U.S. government or any of
its instrumentalities, such employees (including military personnel) are not exempt from
this tax.
(Code 1983, 3-2-42A; Ord. of 3-12-2009)
Sec. 58-108. - Rate.

The rate of taxation shall be six percent of taxable charges to the public for lodging
accommodations. The tax shall be levied at this rate and the resulting revenue shall be used
pursuant to O.C.G.A. 48-13-51(a)(3.2).
(Code 1983, 3-2-43A)
Sec. 58-109. - Collection of tax by innkeeper.

Every innkeeper providing accommodations in this city shall collect the hotel-motel tax on
the taxable charge to the occupant and shall provide a receipt to each occupant which receipt
shall reflect both the amount of charge for the accommodations and the amount of this and other
taxes applicable. This tax shall be due from the occupant and shall be collected by the innkeeper
at the time payment for the accommodations is made. The innkeeper shall be liable for any
amount of tax that he fails to collect appropriately and must remit to the city any amount of tax
collected in excess of that which should have been collected.
(Code 1983, 3-2-44A)
Sec. 58-110. - Registration of innkeeper.

(a) Required. Every person engaging or about to engage in business as an innkeeper in this city
shall immediately register with the city on a form provided by the city. Persons engaged in
such business must so register, if not already registered.
(b) Name of business; other information. Each registration shall set forth the name under which
such person transacts business or intends to transact business, the location of his place of
business and such other information which would facilitate the administration of the tax as
prescribed by the city.
(c) Signature requirement. The registration shall be signed by the owner if a natural person; in
case of ownership by an association or partnership, by a member or partner; in case of
ownership by a corporation, by an officer.
(d) Certificate of authority. The city shall, after such registration, issue without charge a
certificate of authority to each innkeeper to collect the tax from the occupant.
(e) Separate business locations. A separate registration shall be required for each place of
business of an innkeeper. Each certificate shall state the name and location of the business
to which it is applicable.
(Code 1983, 3-2-45A)
Sec. 58-111. - Returns; payment of tax.

(a) Payment due date. Each innkeeper on or before the 20th day of each month, shall transmit
returns and remit taxes due showing the total charges taxable under this article during the
preceding calendar month. The return shall be made upon forms prescribed, prepared and
furnished by the city.
(b) Estimated tax liability.
(1) Definition. As used in this subsection, the term "estimated tax liability" means an
innkeeper's tax liability under this article, adjusted to account for any subsequent
change in the rate of tax imposed under this article or any substantial change in
circumstances due to damage to the premises, based on his average monthly payments
for the last fiscal year.
(2) Amount owed to city. If the estimated tax liability of an innkeeper for any taxable period
exceeds $2,500.00, the innkeeper shall file a return and remit to the city not less than 50
percent of the estimated tax liability for the taxable period on or before the 20th day of
the period. The amount of the payment of the estimated tax liability shall be credited
against the amount to be due on the return required under subsection (a) of this section.
This subsection shall not apply to any innkeeper unless during the previous fiscal year
the innkeeper's monthly payments exceeded $2,500.00 per month for three consecutive
months or more.
(Code 1983, 3-2-46A)
Sec. 58-112. - Collection fee.

Each innkeeper collecting the tax required by this article shall be allowed a collection fee of
three percent of the tax due as a deduction from the amount due, provided that the amount due is
not delinquent at the time of payment, and provided further that no other city taxes, fees or
assessments are delinquent.
(Code 1983, 3-2-47A)
Sec. 58-113. - InnkeeperSelling or quitting of business.

If any innkeeper liable for any tax, interest or penalty imposed by this article sells his
business or quits the business, he shall make a final return and payment within 15 days after the
date of selling or quitting the business. The innkeeper's successor or assigns, if any, shall
withhold a sufficient amount of the purchase money to cover the amount of the taxes, interest,
and penalties due under this article and unpaid until the former owner produces either a receipt
from the city showing that the taxes, interest, and penalties due under this article have been paid
or a certificate from the city stating that no tax, interest, or penalty is due under this article. If the
purchaser of a business fails to withhold the purchase money as required by this section, he shall
be personally liable for the payment of any taxes, interest and penalties accruing under this article
and unpaid by any former owner or assignor. The personal liability of the purchaser in such a
case shall not exceed the amount of the total purchase money, but the property being transferred
shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the
former owner. Paid executions may be transferred and enforced as otherwise provided by law.
(Code 1983, 3-2-48A)
Sec. 58-114. - Extensions and returns, failure of innkeeper to make return and pay required
taxes.
(a) Extensions for returns.
(1) The governing authority of the city may, for good cause, extend the time for making any
returns required under this article for not more than 30 days.
(2) No extension granted pursuant to this subsection shall be valid unless granted in writing
upon written application, and then the extension shall only be valid for a period, as
appropriate, of not more than 12 consecutive months or four consecutive calendar
quarters.
(3) Upon the granting of any extension authorized by this subsection, the innkeeper shall
remit to the city on or before the date the tax would otherwise become due without the
grant of an extension an amount which equals not less than 100 percent of the
innkeeper's payment for the corresponding period of the preceding tax year.
(4) No interest or penalty shall be charged by reason of granting an extension pursuant to
this subsection during the first ten days of each extension period. Thereafter, interest
shall be collected upon the unpaid balance of the innkeeper's liability of the rate
specified by law.
(b) Failure to make return; payment of required taxes. In the event any innkeeper fails to make a
return and pay the tax as provided in this article or makes a grossly incorrect return or a
return that is false or fraudulent, the city, through the finance director, shall make an estimate
for the taxable period of taxable charges of the innkeeper. Based upon its estimate, the city
shall assess and collect the taxes, interest and penalties as accrued on the basis of the
assessments.
(Code 1983, 3-2-49A)
Sec. 58-115. - Records and books.

(a) Each innkeeper required to make a return and pay any tax under this article shall keep and
preserve:
(1) Suitable records of the charges taxable under this article; and
(2) Other books of account which are necessary to determine the amount of tax due.
(b) All books, invoices and other records required by this section to be kept shall be open to
examination at all reasonable hours by the city.
(Code 1983, 3-2-49B)
Sec. 58-116. - Assessments.

Any assessment of an innkeeper by the city under this article shall be deemed prima facie
correct.
(Code 1983, 3-2-49C)
Sec. 58-117. - Taxes delinquent.

The tax imposed by this article shall become delinquent for each month after the 20th day of
each succeeding month during which it remains unpaid.
(Code 1983, 3-2-49D)
Sec. 58-118. - Provisions applying to taxes.

The provisions of O.C.G.A. 48-2-41 relating to authority to waive interest on unpaid taxes;
O.C.G.A. 48-2-43, relating to authority to waive penalties; O.C.G.A. 48-2-49 relating to periods
of limitation for assessment of taxes shall apply to taxes imposed by the city pursuant to this
article provided that the governing authority shall stand in lieu of the commissioner and the city
shall stand in lieu of the state.
(Code 1983, 3-2-49E)
Sec. 58-119. - Penalties added to tax for failure to pay.

(a) When any innkeeper fails to make any return or to pay the full amount of tax required by this
article, there shall be imposed, in addition to other penalties provided by law, a penalty to be
added to the tax in the amount of five percent or $5.00, whichever is greater, if the failure is
for not more than 30 days, and an additional five percent or $5.00, whichever is greater, for
each additional 30 days or fraction of 30 days during which the failure continues. The penalty
for any single violation shall not exceed 25 percent or $25.00 in the aggregate, whichever is
greater. If the failure is due to providential cause shown to the satisfaction of the finance
director in an affidavit form attached to the return and remittance is made within ten days of
the due date, the return may be accepted exclusive of penalties and interest. In the case of a
false or fraudulent or failure to file a return where willful intent exists to defraud the city of
any tax due under this article, a penalty of 50 percent of the tax due shall be assessed.
(b) All civil penalties and interest added to any tax imposed under this article and collected by
the city shall be included as revenue derived from such tax for purposes of the expenditure
requirements imposed on the city by state law.
(Code 1983, 3-2-49F)
Sec. 58-120. - Failure to collect taxes; punishment.

(a) It shall be unlawful for any innkeeper to fail, neglect, or refuse to collect the tax provided in
this article, either by himself or through his agents or employees.
(b) In addition to the penalty of being liable for and paying the tax himself, any person who
violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than $100.00 or imprisonment for not more
than three months or both.
(Code 1983, 3-2-49G)

Sec. 58-121. - Fraudulent returns; punishment.
(a) It shall be unlawful for any innkeeper required by this article to make, render, sign, or verify
any return to make a false or fraudulent return with intent to evade the tax levied by this
article.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and,
upon a conviction thereof, shall be punished by a fine of not less than $100.00, nor more than
$300.00, or confinement for not less than 30 days nor more than three months, or both fine
and confinement.
(Code 1983, 3-2-49H)
Sec. 58-122. - Failure to furnish return.

(a) It shall be unlawful for any innkeeper subject to this article to fail or refuse to furnish any
return required to be made by this article or to fail or refuse to furnish a supplemental return
or other data required by the city imposing a tax under this article.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor.
(Code 1983, 3-2-49I)
Sec. 58-123. - Failure to keep and open records.

(a) It shall be unlawful for any innkeeper subject to this article to fail to keep records or fail to
open the records to inspection as required by law.
(Code 1983, 3-2-49J)
Sec. 58-124. - Other violations.

(a) It shall be unlawful for any innkeeper to violate any other provisions of this article for which
punishment is not otherwise provided.
(Code 1983, 3-2-49K)
Secs. 58-12558-151. - Reserved.

[Angela with Bubba need to review this process]

NOTE: Given our review of Section 58 to this point, it was decided that Shawn will work with
Angela to review the rest of this section at a point in the future.

Sec. 58-152. - Occupation tax required for business dealings in the city.
For the year 1997 and succeeding years thereafter, each person engaged in any business, trade,
profession, or occupation in the city, whether with a location in the city or in the case of an out-of-state
business with no location in the state, exerting substantial efforts within the state pursuant to O.C.G.A.
48-13-7, shall pay an occupation tax for said business, trade, profession, or occupation; which tax and
any applicable registration shall be displayed in a conspicuous place in the place of business, if the
taxpayer has a permanent business location in the city. If the taxpayer has no permanent business
location in the city, such business tax registration shall be shown to the city marshal or his officer's
deputies or to any police officer of the city upon request.
(Code 1983, 3-2-51)

Administrative fee means a component of an occupation tax which approximates the reasonable
cost of handling and processing the occupation tax.
City means the City of Tybee Island, Georgia.
Dominant line means the type of business, within a multiple-line business, that the greatest amount
of income is derived from.
Location and office mean and include a temporary work site which serves a single customer or
project.
Occupation tax means a tax levied on persons, partnerships, corporations, or other entities for
engaging in an occupation, profession, or business for revenue raising purposes.
Person means and includes sole proprietors, corporations, partnerships, nonprofits, or any other
form of business organization, but specifically excludes charitable nonprofit organizations which utilize 50
percent of their proceeds for charitable purposes.
Practitioner of profession or occupation means one who by state law requires state licensure
regulating such profession or occupation. Practitioners of professions and occupations shall not include a
practitioner who is an employee of a business, if the business pays an occupation tax.
Regulatory fees means payments, whether designated as license fees, permit fees, or by another
name, which are required by a local government as an exercise of its police power and as a part of or an
aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall
approximate the reasonable cost of the actual regulatory activity performed by the city. A regulatory fee
may not include an administrative fee. Development impact fees as defined by O.C.G.A. 36-71-2(8) or
other costs or conditions of zoning or land development are not regulatory fees.
(Code 1983, 3-2-52)
Sec. 58-154. - Administrative and regulatory fees.

(a) A nonprorated, nonrefundable administrative fee of $10.00 shall be required on all business and
occupation tax accounts for the initial start-up and thereafter for each renewal or reopening of those
accounts.
(b) A regulatory fee will be imposed as provided under O.C.G.A. 48-13-9 on applicable businesses. A
regulatory fee may not include an administrative fee; however, investigative fees not to exceed the
actual costs involved in the background investigation may be charged.
(c) The regulatory fee schedule for persons in occupations and professions regulated by this Code is set
forth in section 58-179.
(Code 1983, 3-2-53)
Sec. 58-155. - Occupation tax levied; flat fee; exceptions.

(a) Occupation tax on certain businesses. An occupation tax shall be levied upon those businesses and
practitioners of professions and occupations with one or more locations or offices in the corporate
limits of the city and upon the applicable out-of-state businesses with no location or office in the state
pursuant to O.C.G.A. 48-13-7 based upon the flat rate as established by mayor and council.
(b) Flat fee. The amount of such fee which shall be applied uniformly to each business, trade,
profession, or occupation shall be $125.00.
(c) Exceptions.
(1) No business or practitioner shall be required to pay more than one occupation tax for each of its
locations.
(2) No occupation tax shall be required from those real estate brokers, real estate agents, or real
estate companies whose offices are located outside the jurisdiction and who sell property inside
the jurisdiction.
(3) An occupation tax shall not be levied in any other manner except as described in this article.
(Code 1983, 3-2-54)
Sec. 58-156. - Tax imposed on businesses with no location in state.

Registration and assessment of an occupation tax is imposed on those businesses and practitioners
of professions with no location or office in the state if the business's largest dollar volume of business in-
state is in the city and the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the jurisdiction of the
city for the purpose of soliciting business or serving customers or clients; or
(2) Owns personal or real property which generates income and which is located within the
jurisdiction of the city.
(Code 1983, 3-2-55)
Sec. 58-157. - Dominant line of business to be identified on registration.

The business registration of each business operated in the city shall identify the dominant line of
business that the business conducts.
(Code 1983, 3-2-56)
Sec. 58-158. - Separate business locations.

Where a person conducts business at more than one fixed location, each location or place shall be
considered a separate business for the purpose of occupation tax.
(Code 1983, 3-2-56.2)
Sec. 58-159. - Certain practitioners to elect tax rate.

(a) Practitioners of professions as described in O.C.G.A. 48-13-9(c)(1)(18) shall elect as their entire
occupation tax one of the following:
(1) The occupation tax based on flat rate as set forth in section 58-155.
(2) A fee of $200.00 per practitioner who is licensed to provide the service, such tax to be paid at
the practitioner's office or location; provided, however, that a practitioner paying according to
this subsection shall not be required to provide information to the local government relating to
the gross receipts of the business or practitioner. The per-practitioner fee applies to each
person in the business who qualifies as a practitioner under the state's regulatory guidelines
and framework.
(b) This election is to be made on an annual basis and must be done by January 31 of each year.
(Code 1983, 3-2-57)
Sec. 58-160. - Practitioners exclusively practicing for a government.

Any practitioner whose office is maintained by and who is employed in practice exclusively by the
United States, the state, a municipality or county of the state, instrumentalities of the United States, the
state, or a municipality or county of the state shall not be required to obtain a license or pay an
occupation tax for that practice.
(Code 1983, 3-2-57.2)
Sec. 58-161. - Exemption on grounds that business is operated for charitable purpose.
No business on which a business registration or occupation tax is levied by this article shall be
exempt from said registration or tax on the ground that such business is operated for a charitable
purpose, unless 75 percent or more of the entire proceeds from said business are devoted to such
purpose.
(Code 1983, 3-2-57.4)
Sec. 58-162. - Purpose and scope of tax.

The occupation tax levied herein is for revenue purposes only and is not for regulatory purposes, nor
is the payment of the tax made a condition precedent to the practice of any such profession, trade, or
calling. The occupation tax only applies to those businesses and occupations which are covered by the
provisions of O.C.G.A. 48-13-548-13-26. All other applicable businesses and occupations are taxed
by the local government pursuant to the pertinent general and/or local law and ordinance.
(Code 1983, 3-2-58)
Sec. 58-163. - Business license expiration/registration dates; tax payment/due dates;

delinquency; penalty.
A business license shall be required, and an occupation tax must be paid during any year in which
any person engages in any business, trade, profession, or occupation for revenue-raising purposes,
unless specifically exempted herein, in accordance with the following:
(1) Any business license shall be for a calendar year, and expire on December 31 of each year.
(2) Registration for a business license shall be made with the city prior to January 1 of each year,
except for new registrations when there was no business, trade, profession, or occupation in the
prior year, in which case registration for a business license shall be made prior to commencing
business activities in the city.
(3) Payment of the occupation tax, and acquisition of a business license, shall be accomplished
prior to January 1 of each calendar year, and if such occupation tax is not paid, and such
business license is not obtained, within 90 days from January 1 of each calendar year, a penalty
of ten percent of the occupational tax is applicable; except for new registrations when there was
no business, trade, profession, or occupation in the prior year, in which case the acquisition of
the business license and payment of the occupation tax shall be due at the time of registration
and prior to commencement of business activity. If payment of the occupation tax for a new
business, trade, profession, or occupation is not accomplished prior to the commencement of
business activity, the occupational tax shall be delinquent, and a ten percent penalty is
applicable.
(4) Any new business, trade, profession, or occupation which did not operate within the city during
the prior year nor during the first half of a current calendar year, and begins a new business,
trade, profession, or occupation in the city after July 1 of a current calendar year, shall be
charged a one half year rate for the occupational tax for that portion of the first calendar year
only.
(5) Each person who shall transact or offer to transact, any business, trade, profession, or
occupation, who has not registered same with the city, or who has not acquired a business
license from the city, or who has not paid an occupational tax to the city, as required herein, and
is delinquent, shall, upon conviction by the judge, be punished by a fine or imprisonment not to
exceed that of the general penalty section 1-8, either or both in the discretion of the judge. In
addition to the above remedies, the city marshal may proceed to have the business cease
operations and to collect the unpaid occupational tax as provided by law.
(Code 1983, 3-2-59)
Sec. 58-164. - Evidence of state registration required if applicable; state license to be displayed.
(a) Each person who is licensed by the secretary of state pursuant to O.C.G.A. tit. 43 shall provide
evidence of proper and current state licensure before the city registration may be issued.
(b) Each person who is licensed by the state shall post the state license in a conspicuous place in the
licensee's place of business and shall keep the license there at all times while the license remains
valid.
(Code 1983, 3-2-60)
Sec. 58-165. - Evidence of requirements, if applicable.

Any business required to obtain health permits, bonds, certificates of qualification, certificates of
competency, or any other regulatory matter shall first, before the issuance of a city business registration,
show evidence that such requirements have been met.
(Code 1983, 3-2-61)
Sec. 58-166. - Liability of officers and agents; registration required; failure to obtain.
All persons subject to the occupation tax levied pursuant to this article shall be required to obtain the
necessary registration for said business as described in this article, and in default thereof the officer or
agent soliciting for or representing such persons shall be subject to the same penalty as other persons
who fail to obtain a registration. Every person commencing business in the city after January 1 of each
year shall likewise obtain the registration herein provided for before commencing the same; and any
person transacting, or offering to transact in the city, any of the kinds of business, trade, profession, or
occupation without first having so obtained said registration, shall be subject to penalties provided
thereof.
(Code 1983, 3-2-62)

Any person violating any provision of this article shall, upon conviction, be subject to a fine not to
exceed $500.00 which may be enforceable by the contempt power of the municipal court and subject to
all other penalties authorized by law.
(Code 1983, 3-2-62.2; Ord. No. 32-2010, 12-9-2010; Ord. No. 32-2010, 12-9-2010)
Sec. 58-168. - Deputy marshal-business inspectors; subpoena powers.
The city police department, its chief and its duly designated officers and inspectors shall be classified
as deputy marshal-business inspectors with full subpoena powers in conjunction with any violation
pertaining to this article.
(Code 1983, 3-2-63)
Sec. 58-169. - Businesses not covered by this article.

The following businesses are not covered by the provisions of this article but may be assessed an
occupation tax or other type of tax pursuant to the provisions of other general laws of the state or by local
law:
(1) Those businesses regulated by the state public service commission.
(2) Those electrical service businesses organized under O.C.G.A. 46-3-1 et seq.
(3) Any farm operation for the production from or on the land of agricultural products, but not
including agribusiness.
(4) Cooperative marketing associations governed by O.C.G.A. 2-10-105.
(5) Insurance companies governed by O.C.G.A. 33-8-8 et seq.
(6) Motor common carriers governed by O.C.G.A. 46-7-15.
(7) Those businesses governed by O.C.G.A. 48-5-355. (Businesses that purchase carload lots of
guano, meats, meal, flour, bran, cottonseed, or cottonseed meal and hulls.)
(8) Agricultural products and livestock raised in the state governed by O.C.G.A. 48-5-356.
(9) Depository financial institutions governed by O.C.G.A. 48-6-93.
(10) Facilities operated by a charitable trust governed by O.C.G.A. 48-13-55.
(Code 1983, 3-2-64)
Sec. 58-170. - Tax inapplicable where prohibited or exempted by law.

An occupation tax shall not apply to any part of a business where such levy is prohibited or
exempted by law.
(Code 1983, 3-2-64.2)
Sec. 58-171. - More than one place or line of business.

Where a business is operated at more than one place or where the business includes more than one
line, said business will pay an occupation tax in accordance with the prevailing taxing method and tax rate
for the dominant line at each location.
(Code 1983, 3-2-65)
Sec. 58-172. - Tax registration to be revoked for failure to pay tax, file returns, etc.
Upon the failure of any business to pay said occupation tax or any part thereof before it becomes
delinquent, or upon failure to make a true return, or upon failure to amend a return to set forth the truth, or
upon failure to permit inspection of its books upon request, any business tax registration granted by the
city under this article permitting the owner of said business to do business for the current year shall be,
ipso facto, revoked. No new business tax registration shall be granted by the city for the operation of a
business for which any part of the occupation tax herein provided for is at that time unpaid, or to a person
who has failed to submit adequate records as requested by the city in accordance with provisions found
in this article. In the case of those practitioners where the local government cannot suspend the right of
the practitioner to conduct business, the imposition of civil penalties shall be permitted and pursued by
the local government in the case of delinquent occupation tax.
(Code 1983, 3-2-66)
Sec. 58-173. - Amendment, repeal of provision.

This article shall be subject to amendment or repeal, in whole or in part, at any time, and no such
amendment or repeal shall be construed to deny the right of the city to assess and collect any of the
taxes or other charges prescribed. Said amendment may increase or lower the amounts and tax rates of
any occupation and may change the classification thereof. The payment of any occupation tax provided
for shall not be construed as prohibiting the levy or collection by the jurisdiction of additional occupation
taxes upon the same person, property, or business.
(Code 1983, 3-2-67)
Sec. 58-174. - Application of provisions to prior ordinance.

This article does not repeal or affect the force of any part of any ordinance heretofore passed where
taxes levied under such prior ordinance have not been paid in full. So much and such parts of ordinances
heretofore and hereinafter passed as provided for the issuing and enforcing of execution for any tax or
assessment required by such ordinances, or that imposed fines or penalties for the nonpayment of such
tax, or for failure to pay regulatory fees provided for in said ordinance, or failure to comply with any other
provisions hereof, shall continue and remain in force until such tax, regulatory fee, or assessment shall be
fully paid.
(Code 1983, 3-2-67.2)
Sec. 58-175. - Enforcement of provisions; inspection of registrations.

It is the duty of the city manager and his designees to see that the provisions of this article relating to
occupation taxes are observed; and to summon all violators of the same to appear before the court. It is
made the further duty of the city manager and his designees to inspect all registrations issued by the city
as often as in their judgment it may seem necessary to determine whether the registration held is the
proper one for the business sought to be transacted thereunder.
(Code 1983, 3-2-68)
Sec. 58-176. - Requirement of public hearing before tax increase.

After January 1, 1997, the city council shall conduct at least one public hearing before adopting any
ordinance or resolution which will increase the rate of occupation tax as set forth in this article.
(Code 1983, 3-2-69)
Sec. 58-177. - Option for exemption or reduction in tax for certain occupations.
The mayor and council may by subsequent ordinance or resolution provide for an exemption or
reduction in occupation tax to one or more types of businesses or practitioners of occupations or
professions as part of a plan for economic development or attracting or encouraging selected types of
businesses or practitioners of selected occupations or professions. Such exemptions or reductions in
occupation tax shall not be arbitrary or capricious, and the reasons shall be set forth in the minutes of the
meeting of the mayor and council, or in a plan duly adopted at an open meeting.
(Code 1983, 3-2-70)

Sec. 58-178. - Conflicts between specific and general provisions.
Where there is an apparent conflict in this article between specific and general provisions, it is the
intention hereof that the specific shall control.
(Code 1983, 3-2-71)
Sec. 58-179. - Regulatory fees; schedule.

Any business of the type listed below operating within the city shall pay a regulatory fee, even if such
business has paid a business tax in Savannah, Tybee Island or another jurisdiction, and regulatory fees
as defined in section 58-154(b) are established for those businesses operating within the corporate limits
of the city, according to the following schedules:
Alcoholic Beverages
SIC License Classification Fee

Retail beer/wine - sale by package only; consumption on premises
5813 $350.00
prohibited
5839 Retail beer/wine - sale by drink for consumption on premises only $575.00
Retail liquor - sale by package only; consumption on premises
5815 $850.00
prohibited
5816 Retail liquor - sale by drink for consumption on premises only $1,250.00
Retail liquor - sale by package and drink both in one building under
5818 $2,000.00
one ownership
5881 Wholesale beer $765.00
5183 Wholesale liquor $1,500.00
5182 Wholesale wine $150.00
2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00
Special event - beer, wine, liquor; special event - beer, wine, liquor $50.00 per day;
(establishments not holding current license) $100.00, 3-day
Special event - beer, wine, liquor (establishments holding current
$10.00 per event
license)
Sunday sales for package only, in addition to all other regulatory
$50.00
fees and taxes
Miscellaneous
License Classification Fee

Advertising, off-premises (billboards) TIC Sec. 8-4-24:
32 square feet (4'8') $50.00
128 square feet (8'16') $75.00
192 square feet (12'16') $100.00
288 square feet (12'24') $125.00
$75.00 per
day;
Amusements, itinerant (circus, carnival) TIC 7-1-1/7-1-4
$600.00
maximum
Beach equipment, beach vehicle, and watercraft rental, per site TIC 9-3-30/9-3-
$300.00
36
Book and magazine canvasser; registration fee $45.00
Building and construction contractors, subcontractors and tradesmen, licensed
$20.00
in another jurisdiction; registration fee
Escort $500.00
Live entertainment $50.00
Masseuse $250.00
Private Parking Lots
Residentially Zoned 1.00
Commercial $200.00
Promoter special events, pageants, festivals, exhibitions, sporting events,

shows, etc.
Per single event TIC 7-1-1/-4 $50.00
Transient merchant TIC 9-1-20 $75.00 per day
Transient rentals; registration fee $45.00
Vendor, festival hawker $25.00 per day
$25.00 per
Vendor, arts and crafts
event
Notwithstanding any other provision of this section, a business that is already licensed and paying an
occupation tax to Tybee shall not have to pay a regulatory fee in connection with vending activities as
long as such activities are limited to the same line of product or service covered by the occupational tax
paid.
(Code 1983, 3-2-72; Ord. No. 12-2010, 7-22-2010; Ord. No. 51-2011, 12-8-2011; Ord. No. 08-
2012, 8-23-2012; Ord. No. 20-2014, 1, 3-13-2014)
Secs. 58-18058-201. - Reserved.
ARTICLE VI. - INSURANCE PREMIUM TAX

Sec. 58-202. - Levy of tax.
(a) Gross premiums tax imposed on life insurers. There is levied for the year 1984 and for each year
thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life,
accident and sickness insurance within the city in an amount equal to one percent of the gross direct
premiums received during the calendar year in accordance with O.C.G.A. 33-8-8.1. Gross direct
premiums as used in this section shall mean gross direct premiums as used on O.C.G.A. 33-8-4.
The premium tax levied by this section is in addition to the license fees imposed by section 34-48.
(b) Gross premiums tax on all other insurers. There is levied for the year 1991 and for each year
thereafter an annual tax upon each insurer, other than an insurer transacting business in the class of
insurance designated in O.C.G.A. 33-3-5(1), and specifically those classes designated in O.C.G.A.
33-3-5(2)(6), doing business within the city in an amount equal to 2 1/2 percent of the gross
direct premiums received during the calendar year, in accordance with O.C.G.A. 33-8-8.2. Gross
direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. 33-
8-8.2(a).
(Code 1970, 18-7; Code 1983, 3-2-75)
ARTICLE VII. - ENERGY EXCISE TAX

Sec. 58-203. - Short title.
This article shall be known as the "City of Tybee Island Energy Excise Tax Ordinance."
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-204. - Findings and intent.

This article is adopted to address the interest of public finance. Georgia law authorizes counties and
municipalities to impose an excise tax on the sale or use of energy but the imposition of the excise tax on
the sale or use of energy in the law is contingent upon the enactment of an ordinance of the municipality
in question. In order for the municipality to properly impose such excise tax the municipality must follow
all of the provisions of O.C.G.A. Title 48, Chapter 13, Article 6, one provision of which is the enactment of
this article.
(Ord. No. 29-2012, 11-8-2012)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:]
Dealer shall have the same meaning as provided for in the O.C.G.A. 48-13-110.
Energy shall have the same meaning as provided for in the O.C.G.A. 48-13-110.
Local sales and use tax shall have the same meaning as provided for in the O.C.G.A. 48-13-110.
Purchaser shall have the same meaning as provided for in the O.C.G.A. 48-13-110.
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-206. - Energy excise tax imposed.

(1) In accordance with the provisions of O.C.G.A. Title 48, Chapter 13, Article 6, there is imposed within
the territorial limits of the municipality, an excise tax on the sale or use of energy when such sale or
use would have constituted a taxable event for purposes of sales and use tax under O.C.G.A. Title
48, Chapter 8, Article 1 but for the exemption found in the O.C.G.A. 48-8-3.2.
(2) The sales or use of energy when such sale or use would have constituted a taxable event for
purposes of sales and use tax under O.C.G.A. Title 48, Chapter 8, Article 1 but for the exemption
found in the O.C.G.A. 48-8-3.2 includes, but is not limited to, the items listed in subsection (e) of
the same Code section.
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-207. - Energy excise tax rate and phase-in.

(1) The rate of the excise tax levied and collected pursuant to this article shall be phased in over a four-
year period as directed by the O.C.G.A. 48-13-112(a)(3) and 48-13-112(b) and as set forth below:
a. For the period commencing January 1, 2013, and concluding at the last moment of December
31, 2013, such excise tax shall be at a rate equivalent to 25 percent of the total amount of local
sales and use tax in effect in such special district that would be collected on the sale, use,
storage, or consumption of energy but for the exemption in the O.C.G.A. 48-8-3.2;
b. For the period commencing January 1, 2014, and concluding at the last moment of December
storage, or consumption of energy but for the exemption in the O.C.G.A. 48-8-3.2;
c. For the period commencing January 1, 2015, and concluding at the last moment of December
storage, or consumption of energy but for the exemption in the O.C.G.A. 48-8-3.2; and
d. On or after January 1, 2016, such excise tax shall be at a rate equivalent to 100 percent of the
total amount of local sales and use tax in effect in such special district that would be collected
on the sale, use, storage, or consumption of energy but for the exemption in the O.C.G.A. 48-
8-3.2.
(2) In accordance with O.C.G.A. 48-8-3.2 (c)(4), if a project of regional significance under O.C.G.A.
48-8-3(92) is started in the special district, it shall not be subject to the phase-in period contained in
paragraphs (a), (b), and (c) of subsection (1) of this section, and the sale, use, storage, or
consumption of energy in connection therewith shall be subject to the rate specified in paragraph (d)
of subsection (1) of this section notwithstanding the January 1, 2016 limitation in that paragraph (d).
(3) Following such initial imposition during the phase-in time period, on or after January 1, 2016, the rate
of the excise tax levied and collected by the governing authority of the city shall be directed by the
O.C.G.A. 48-13-112(d). Such rate shall be controlled by the maximum amount of local sales and
use tax in effect in the special district, but in no event more than two percent.
(4) In the event the total rate of local sales and use taxes in effect in the special district decreases from
two percent to one percent, the rate of the excise tax under this article shall likewise be reduced at
the same time such local sales and use tax rate reduction becomes effective.
(5) In the event the total rate of local sales and use taxes in effect in the special district increases from
one percent to two percent, the rate of the excise tax under this article shall likewise be increased at
the same time such local sales and use tax rate increase becomes effective.
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-208. - Energy excise tax imposition, remittance and recovery.

(1) The excise tax levied and collected pursuant to this article shall be imposed at the time and be
recoverable as governed by the O.C.G.A. 48-13-112(c).
(2) The excise tax shall be a debt of the purchaser of energy until it is paid and shall be recoverable at
law in the same manner as authorized for the recovery of other debts as governed by the O.C.G.A.
48-13-112(c).
(3) The dealer collecting the excise tax shall remit the excise tax to the county as governed by the
O.C.G.A. 48-13-112(c).
(4) Every dealer subject to an excise tax under this article shall be liable for the excise tax at an
applicable rate on the charges actually collected or the amount of the excise taxes collected from the
purchasers, whichever is greater as governed by the O.C.G.A. 48-13-112(c).
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-209. - Exemption certificates.

(1) The governing authority of the city, or the collecting officer appointed under this article, shall make
diligent efforts to identify all energy providers and purchasers in the city and to ascertain whether
such purchasers have completed a uniform exemption certificate provided by the Georgia
Department of Revenue seeking to qualify such purchaser under the exemption found in the
O.C.G.A. 48-8-32.2. Such certificate shall be utilized by such governing authority or collecting
officer for the purpose of determining the applicability of the excise tax under this article.
(2) An energy provider shall be authorized to rely upon such uniform exemption certificates provided by
the Georgia Department of Revenue. The energy provider shall not be liable for failing to collect and
remit the excise tax imposed under this article if a purchaser has failed to submit the uniform
exemption certificate provided by the Georgia Department of Revenue to such energy provider.
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-210. - Commencement of collections and due date.

(1) The excise tax imposed pursuant to this article shall become effective on January 1, 2013 or as soon
as soon as possible thereafter.
(2) The excise tax levied pursuant to this article shall be imposed only at the time that sales and use tax
on the sale and use of such energy would have been due and payable under the O.C.G.A. 48-8-30
but for the exemption in O.C.G.A. 48-8-3.2.
(3) The excise tax shall be due and payable in the same manner as would otherwise be required under
O.C.G.A. Title 48, Chapter 8, Article 1.
(4) All sales and purchases taxable under this article during the preceding calendar month shall be due
and payable to the county monthly on or before the 20th day of every month and each respective
month in which such taxes are collected, and payment shall be accompanied by a return for the
preceding monthly period showing the gross sales and purchases arising from all sales and
purchases taxable under this article during the preceding calendar month.
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-211. - Expenditure of proceeds.

The proceeds of the excise tax levied and collected pursuant to this article shall not be subject to any
use or expenditure requirements provided for under any of the local sales and use taxes but shall be
authorized to be expended in the same manner as otherwise would have been required under such local
sales and use taxes or may be expended for any lawful purpose as governed by the O.C.G.A. 48-13-
112(c). Any proceeds received by the city pursuant to this article shall be deposited in the general fund of
the city.
(Ord. No. 29-2012, 11-8-2012)
Sec. 58-212. - Administrative provisions and audit.

(1) Chatham County is tasked with designating a collecting officer for collection and administration of the
excise tax under this article.
(2) The collecting officer shall be authorized to provide for procedures necessary to the proper
implementation of this article, including, but not limited to, periodic auditing of dealers collecting and
remitting the excise tax.
(3) The collecting officer, or designee, may examine the books, papers, records, financial reports,
equipment and other facilities of and locations within the city of any purchaser which is required to
remit the excise tax to the energy dealer under this article.
(4) As part by the audit report required by the O.C.G.A. 36-81-7 the auditor shall include, in a separate
schedule, a report of the revenues pertaining to the excise tax under this article.
(Ord. No. 29-2012, 11-8-2012)

Chapter 62

Chapter 62 - TELECOMMUNICATIONS
Sec. 62-1. - Ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance pertaining to
telecommunications systems and/or franchises, cable or open video systems and franchises therefor or
cable television franchises or systems. All such ordinances are hereby recognized as continuing in full
force and effect to the same extent as if set out at length in this Code. Such ordinances shall be
maintained separately.
Sec. 62-2. - Franchise fee for state issued cable or video franchise.
(a) The city requires a franchise fee of five percent [recommend take out and place in Schedule of
Fees and Fines] of gross revenues generated within the city for any cable or video state franchise
issued in its corporate boundaries by the State of Georgia.
(b) The city hereby authorizes city manager, upon receipt of notice to the city of its right to designate a
franchise fee for an applicant for or holder of an existing state franchise, to provide written notice to
the secretary of state and each applicant for or holder of a state franchise within a service area that
is wholly or partially located within the city limits of the franchise fee applicable to such applicant or
holder of a state license.
(Ord. of 2-14-2008, 1)
Page 1
Chapter 66
Chapter 66 - TRAFFIC
ARTICLE I. - IN GENERAL[1]

Footnotes:
--- (1) ---
State Law reference Uniform Rules of the Road, O.C.G.A. 40-6-1 et seq.

Sec. 66-1. - Uniform rules of the road adopted; penalties.
(a) Pursuant to O.C.G.A. 40-6-37240-6-376, O.C.G.A. 40-6-1 et seq., and the definitions
contained in O.C.G.A. 40-1-1 are adopted as and for the traffic regulations of this municipality with
like effect as if recited herein.
(b) Unless another penalty is expressly provided by law, every person convicted of a violation of any
provision of this section shall be punishable by a fine of not more than $1,000.00 or by imprisonment
for not more than 12 months, or by both such fine and imprisonment.
(Code 1983, 10-1-1)
Sec. 66-2. - Skateboards regulated.

(a) No person shall ride a skateboard anywhere in the city without complying with the terms of this
section.
(b) Skateboards and portable ramps may be provided that skateboard ramps, defined as outdoor
structures designed and principally intended to permit persons on skateboards to move continuously
from one side to the other, shall not exceed six feet in height, shall be portable and shall be removed
when not in use in the parking lot by the recreational building at Jaycee Park during reasonable
hours[what are reasonable hours? conflicts with baseball at the Park field].
(c) Skateboards, without the use of portable ramps and to be used for travel from one end of the island
to the other, may be utilized between Highway 80 and 16th Street on Lovell Avenue[does this mean
this is the only street on which skateboards are allowed?].
(d) The use of skateboards and/or portable ramps used with them will not be allowed in any other public
areas of the city unless specifically designated as recreational facilities by the city.
(e) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be fined in an amount not exceeding $300.00 or by imprisonment
for a period not exceeding 30 days, or by both such fine and imprisonment.
[Recommend review by Council of this ordinance ]
(Code 1983, 10-1-3)
Sec. 66-3. - Speed zones.

(a) Pursuant to O.C.G.A. 40-6-183 concerning local authorities power to alter lawful speed limits, the
following is adopted.
(b) The following speed zones are established based on an engineering and traffic investigation as
prescribed by law.
On-System Highways
State Mile Mile Length in Speed

From To
Route Point Point Miles Limit
26/U.S. 0.26 mi. west of CR 32.66 0.33 mi. 33.13 0.47 55
80 761 Old U.S. 80 (w. mph
city limits)
26/U.S. 0.33 mi. west of CR 0.24 mi. west of CR 45
32.66 33.93 0.80
80 23 Cataline Road 853 Byers Street mph
26/U.S. 0.24 mi. west of CR 35
33.93 CR 835 2nd Avenue 35.34 1.41
80 853 Byers Street mph
26/U.S. 30
CS 835 2nd Avenue 35.34 CS 828 3rd Street 35.61 0.27
80 mph
26/U.S. 0.01 mi. west of CS 30
CS 828 3rd Street 35.61 36.61 1.00
80 809 14th Street mph
CS 804 16th Street
36.61 (Tybris A.) (end of SR 36.86 0.25
26. U.S. 80)
School Zone
State Mile Mile Length Speed

Time From To
Route/Road Point Point in Miles Limit
School days only: 0.02 mi
CS 831
26/US 80 - 7:30 a.m.8:30 east of CS 30
4th 35.65 36.86 0.43
Butler Avenue a.m.; 2:30 p.m. 822 8th mph
Street
3:30 p.m. Street
[Isnt this the speed limit on Butler all the time?]
Signs to be erected by the department of public transportation for all state routes.
Off-System Highways
Speed
Road Name From To Miles
Limit
14th St., Tybee Dr., 15th St. Atlantic Ave., 16th St.
East of
Izlar Ave., Silver Ave., 17th St., T.S. Chu Terr., 17th Beach 15 mph
Butler
Pl., and 18th St.
Lewis Ave. 6th St. SR 26 0.50 20 mph
SR 26/US
Jones Ave. 17th St. 1.60 25 mph
80
Chatham Ave. Inlet Ave. 14th St. 0.50 20 mph
Chatham
Venetian Ave. 12th St. 20 mph
Ave.
Horsepen
S. Campbell Ave. 26/US 80 15 mph
Pt.
N. Campbell Ave. 26/US 80 Van Horn 15 mph
Jones Avenue will be a no passing zone.

Speed limit changes pending DOT approval (2/23/2006).
(c) Persons convicted of violating this article shall be punished as provided for by law.
(Code 1983, 10-1-4; Ord; of 2-23-2006; Ord. of 10-11-2007; Ord. No. 19-2016 , 1, 8-11-
2016)
Sec. 66-4. - Through streets designated; restrictions.

(a) The following streets in the city are designated as through streets, and all vehicles are required to
stop before entering or crossing the same:
(1) Butler Avenue from First Street through Nineteenth Street.
(2) Venetian Drive from Twelfth Street through Fourteenth Street.
(3) Chatham Avenue from Fourteenth Street to Seventeenth Street.
(4) Chatham Avenue from Seventeenth Street through Nineteenth Street.
(5) First Street from Butler Avenue to the city limits on U. S. Highway 80.
(6) Lovell Avenue from Second Street to Fourth Street.
(7) Second Avenue from Second Street to Fourth Street.
(8) Lovell Avenue from Fifth Street to Inlet Avenue.
(9) Second Avenue from Fifth Street to Seventeenth Street.
(10) Sixteenth Street from Jones Avenue to Chatham Avenue.
(11) The strand from Sixteenth Street to Eighteenth Street.
(12) Twelfth Street from Venetian Drive to Jones Avenue.
(13) Thirteenth Street from Venetian Drive to Jones Avenue.
(14) Fourteenth Street from Chatham Avenue to Jones Avenue.
(15) Van Horn Street from First Street to its northernmost point past and including Pulaski Street.
(16) Campbell Avenue from First Street to Van Horn Street.
(17) Meddin Drive from Van Horn Street to Taylor Street.
(18) Taylor Street from Van Horn Street to Meddin Street.
(b) No person shall operate or drive any vehicle across or into any street designated as a through street
by this section or any other ordinance of the city from a street intersecting that through street without
first bringing the vehicle to a complete stop; provided, however, that this section shall not apply to
intersections where traffic is being directed by an officer of the police department or where traffic is
directed by a traffic control device or sign, in both of which cases the traffic officer or control device
shall be obeyed.
(Code 1970, 19-6; Code 1983, 10-1-5)
Sec. 66-5. - Yield right-of-way signs intersections.

The following intersections are designated as yield-right-of-way intersections, and vehicles facing a
yield-right-of-way sign are required to yield the right-of-way to other vehicles:
(1) Campbell Avenue traffic shall yield for Van Horn Street traffic. [There is a Stop sign on North
Campbell at Van Horne]
(2) Parking lot traffic within the municipal parking lot east of the strand between Sixteenth and
Eighteenth Streets shall yield for the strand traffic when exiting from that parking lot at the
Eighteenth Street exit.
(3) Eastbound traffic on Cedarwood Street shall yield for Van Horn Street traffic.
(Code 1970, 19-7; Code 1983, 10-1-6)
Sec. 66-7. - Go-carts prohibited; penalty.

(a) Findings. The mayor and council, after receiving evidence regarding the hazards associated with the
use of go-carts on public streets, and in order to reduce the risk of injuries to persons or damage to
property, finds that an ordinance prohibiting the use of go-carts on the city's streets is necessary and
appropriate.
(b) Prohibited conduct. Except in areas specifically permitted by mayor and council and except as mayor
and council might permit in connection with special events or parades, it shall be unlawful for anyone
to operate a go-cart on public streets within the city.
(c) Penalty. Any person violating any provision of this section shall be deemed guilty of a misdemeanor
for a period not exceeding 30 days, or both.
(Code 1983, 10-1-40; Ord. No. 05-2010, 5-27-2010)

(a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of
their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon
the city's streets, parks, parking lots, beaches, and other public properties in the city limits.
(b) Motorized carts. Motorized carts shall be as defined under state law.
(1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the
streets and those areas accessible by the public to register the cart with the city within ten
business days of the date of purchase or acquisition. Numerical decals shall be issued upon
registration; and a record of each motorized cart number, along with the name and address of
the owner, shall be maintained by the police department. The registration fee for motorized
carts used in the city shall be $15.00 and the registration shall be effective until such time as the
cart is sold or otherwise disposed of.
(2) Highway 80 Crossing. No motorized cart may be permitted to operate on Highway 80 and may
only cross Highway 80 at the following designated locations:
a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags;
b. At the traffic controlled intersection of 14th Street and Highway 80;
c. At the traffic controlled intersection of Campbell Avenue and Highway 80; and
d. At the traffic controlled intersection of Jones Avenue and Highway 80.
[recommend council review not currently enforced]
(3) City streets. All streets of the city shall be accessible for an appropriately registered and used
motorized cart thereon except as to Highway 80 as stated above.
(4) Operation regulations.
a. All motorized carts must be equipped with headlights, tail lights, brake lights, a flashing or
rotating yellow or amber light mounted on the top, seatbelts[not enforced], turn signal lights
and a horn, and the maximum speed capability of any motorized cart must not exceed 20
miles per hour.
b. All occupants of a motorized cart must wear seatbelts at all times.
c. Children car and booster seats[not enforced] used in a motorized cart must be approved by
the manufacturer for use with lap belts only, without the necessity of a shoulder strap.
Children's car and booster seats may only be used in the front seat or another forward
facing seat within a motorized cart.
d. Motorized carts shall not be operated on the sidewalks or bike trails within the city.
e. All operators shall abide by all traffic regulations applicable to motor vehicular traffic.
f. Only licensed drivers are permitted to operate motorized carts and each owner is required
to provide insurance for liability purposes in an amount not less than $25,000.00 per
person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance
shall be provided at the time of registration and be maintained in or on the vehicle.
g. Motorized carts will only be operated by individuals who are at least 16 years of age and
possess a valid driver's license.
h. It shall be unlawful for a motorized cart to be operated on the streets of the city except as
expressly authorized in this section and every person convicted of a violation shall be
punished by a fine of not more than $1,000.00 or imprisonment for not more than 12
months, or both.
i. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit,
bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park,
on the sidewalks, streets, beaches, lanes, highways or other public properties, or on
private property of another, except into trash receptacles. Included would be the removal
by wind or otherwise of such items from motorized carts due to having such items
unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does
not occur naturally in the area and specifically includes garbage, food items, peels, shells,
etc., whether or not biodegradable.
(5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other
commercial establishment, may rent motorized carts to the public for use on the streets and
those areas accessible by the public of the city. Renters shall be provided a copy of this article
and a map illustrating Highway 80's designated crossings. Renters shall provide a signature as
proof of their acknowledgment and understanding of this article's requirements. It shall be the
responsibility of each such establishment renting carts to maintain a written record of each
renter's signature of acknowledgement and understanding of this article's requirements.
(6) Signs. The city shall post signs giving notice of the existence of operating standards along
appropriate public streets.[dont believe these exist]
(7) Motorized carts must observe the parking regulations and ordinances applicable to motorized
vehicles and all parking therefor shall be by payment of the appropriate charge for parking in
authorized parking places and/or the display of a valid decal for parking.
(8) Penalty for littering. In addition to any other penalties provided by law, anyone convicted of
violating subsection (b)(4) shall be fined not less than $100.00 for the first offense plus
applicable court fees, and not less than $200.00 for subsequent offenses plus applicable court
fees for any subsequent offense occurring within a 12-month period of a preceding offense.
(Code 1983, 10-1-44; Ord. No. 04-2010, 5-13-2010; Ord. No. 24-2010, 9-24-2010; Ord. No.
46-2014, 1, 8-28-2014; Ord. No. 06-A-2015, 1, 3-12-2015)
Sec. 66-9. - Bicycle traffic.

(a) Except as provided herein and as otherwise provided, the uniform rules of the road shall be
applicable to bicycle traffic, however, on one-way streets within the city with or without a designated
bicycle lane, bicycles may properly be operated on such streets as close to the shoulder of the road
as possible.
(b) Bicycles may not be operated on sidewalks along Tybrisa Street or the Strand Avenue.[are bicycles
allowed on all other sidewalks?]
(Ord. of 6-12-2008)
Sec. 66-10. - Vehicular traffic on Jones Avenue.

Vehicles with over two axles are prohibited from traveling in a north-south direction on Jones Avenue
between its intersection with Second Street and its intersection with Chatham Avenue in either direction.
Such vehicles are not prohibited from crossing Jones Avenue at intersecting streets. Exceptions for
certain vehicles for limited purposes may be allowed by application through the city police department.
Two or more signs establishing the prohibition shall be placed in the right of way at such locations as
deemed most reasonably calculated to give notice of the restriction to the motoring public as determined
by the city police department with consultation with the city manager or the manager's designee.
(Ord. No. 08-2015, 1, 3-12-2015)

ARTICLE II. - ADMINISTRATION AND ENFORCEMENT
DIVISION 1. - GENERALLY [why now Divisions?]

DIVISION 2. - VEHICLE IMMOBILIZATION AND IMPOUNDMENT[2]

Footnotes:
--- (2) ---
Editor's note Ord. No. 26B-2012, adopted October 11, 2012, repealed the former div. 2, 66-67
66-71, and enacted a new div. 2 as set out herein. The former div. 2 pertained to vehicle impoundment
and derived from Code 1970, 19-8(c); Code 1983, 10-2-110-2-5.

Sec. 66-67. - [Title.]
For convenience in reference, this division shall be entitled "Vehicle Immobilization and
Impoundment Ordinance."
(Ord. No. 26B-2012, 10-11-2012)
Sec. 66-68. - [Purpose.]

The purpose of this division is to enhance the procedures of the city and the enforcement of its
ordinances pertaining to the stopping, standing and parking of vehicles; their abandonment; the creation
of obstructions to traffic; and the general health, safety and convenience of those who use and are upon
the streets and sidewalks within its jurisdiction.
(Ord. No. 26B-2012, 10-11-2012)

(a) Boot shall mean a device designated and manufactured to be attached to the wheel or tire of a
vehicle to restrict the normal movement of a vehicle, as authorized by the city manager or the police
authorities for the city. The device shall also be referred to as an "immobilization device" or the use
of this device as "immobilization" or "immobilized."
(b) Citation shall mean a citation, notice or other document on a form prepared and intended to put a
person on notice pursuant to the City Code or O.C.G.A. Title 40, which identifies a vehicle; sets forth
the ordinance(s) or statute(s) being violated; and such other information as relevant to making cases
for violation of such provisions.
(c) A day for the purposes of determining a period of time pursuant to this division shall be a 24-hour
period of time commencing at the date, hour and/or minute when such time is noted upon a citation,
notice or other document prepared with a copy maintained by an officer. When the date and hour is
not noted, a day shall commence at 12:01 a.m. on the calendar date noted and expire at 12:00
midnight on the succeeding date. Any deadline which falls on a Saturday, Sunday or legal holiday
recognized by the city shall be extended to the next day which is not a Saturday, Sunday or legal
holiday.
(d) Vehicle shall include but are[either Vehicle and is or Vehicles and are] not limited to those
described in O.C.G.A. 40-1-1(29), (24.2), (25.1), (32), (33), (43.1) and (68). The term as used
herein shall include motorized carts under section 66-7 of the Tybee Code of Ordinances.
(e) Owner shall mean the party in whom legal title to the vehicle is vested in accordance with the laws of
the state in which the vehicle is certificated or registered. If competing claims of ownership exist as a
vehicle is not titled, the owner shall be the party whose interest is most readily known to the city or as
determined upon the advice of the city attorney.
(f) Responsible party shall mean one or more of the following:
(1) The owner of a vehicle as determined in accordance with the records of the title certifying
authority of the state in which the vehicle is titled at the time of any violation at issue or such
other record of ownership as may be established by credible evidence; or
(2) The operator of a vehicle at the time of any violation at issue; or
(3) The lessee of a vehicle when the parking enforcement official[s] or police officials possesses
actual notice of a written lease agreement which identifies the owner and lessee, with the
address of the lessee and credible evidence that the lessee maintained possession, control or
responsibility for the vehicle during the time any violation at issue occurred.
If the titled owner is a corporation, the responsible party shall be an officer, director or employee who
operates the vehicle in the course of the corporation's business or to whom the vehicle is generally made
available by the corporation for use or the registered agent of the corporation as determined by the
records of the corporation commissioner of the State of Georgia, provided that the registered agent shall
not be personally subject to any violation or penalty pursuant to this division but may subject the
corporation to its provisions. For a partnership, the responsible party shall be the general partner or any
employee who operates the vehicle in the course of the partnership's business or to whom the vehicle is
generally made available. If a vehicle is titled in the name of another entity or organization, the
responsible party shall be the natural person(s) who by the principles of Georgia law would possess
ownership or control of the entity or who operates the vehicle in the course of the entity's business or to
whom the vehicle is generally made available.
(Ord. No. 26B-2012, 10-11-2012)
Sec. 66-70. - Subjects.

The following shall be subject to the provisions of this division:
(a) A vehicle which has issued against it and outstanding without disposition eight or more parking
citations or which has an amount issued against it and outstanding without disposition at least
$300.00 in parking citations.
(b) An owner or responsible person having outstanding without disposition eight or more parking
citations or who has an amount issued against him/her and outstanding without disposition at
least $300.00 in parking citations.
(Ord. No. 26B-2012, 10-11-2012)
State Law reference Abandoned motor vehicles generally, O.C.G.A. 36-60-4, 40-11-1
40-11-24.

ARTICLE III. - STOPPING, STANDING AND PARKING

Sec. 66-101. - Parking zones.
(a) The mayor and council shall have the authority to place parking meters and/or pay and display
meters or devices on public streets and operate parking lots within the city. It shall be unlawful to
park in no parking zones as designated by section 66-102.
(b) The terms "to park" and "parking" shall mean the bringing of a vehicle to a stationary position for any
period of time exceeding five minutes and shall include each vehicle whether occupied or
unoccupied. [see 66-135. Inconsistent]
(Code 1983, 10-1-2; Ord. No. 04-2012, 3-8-2012)
Sec. 66-102. - Parking restrictions.

It shall be unlawful to park any vehicle in a no parking zone designated by a no parking sign or a
yellow line, or within 25 feet of a fire hydrant. It shall be unlawful to park any vehicle in a parking lot or in a
metered parking space without paying the required fees for use of such spaces.
(Code 1983, 10-1-7)
Secs. 66-10566-134. - Reserved.

DIVISION 2. - METERED PARKING

Parking means the standing of a vehicle in a city-owned parking lot or upon a street whether that
vehicle is occupied or not and whether that vehicle be accompanied or not by an operator for a period of
time in excess of two minutes. [see Sec 66-101. Inconsistent]
Parking meter and mechanical parking time indicator mean a device which shall indicate thereon the
length of time during which a vehicle may be parked in a particular place which shall have as a part
thereof a receptacle or chamber for receiving and storing coins of United States money, a slot or place in
which the coin may be deposited; a timing mechanism to indicate the passage of the interval of time
during which parking is permissible and which shall also display an appropriate signal when the aforesaid
interval of time shall have elapsed; also brief instructions as to its operation.
Parking space, individual means a portion of the street or street right-of-way of sufficient length and
depth to accommodate a vehicle to be parked, as shall be specified by the city. Also, a space for parking
in a city parking lot or other area designated for vehicular parking. See, generally, LDC section 3-080(E).
Pay and Display Meter means a device which will provide parking authorization by means of a
receipt to be placed, in a fashion described in section 66-149, upon the dash of the vehicle for which
parking time is permissible and authorized.
Vehicle means any device in, upon or by which any person or property is or may be transported
upon a public highway, except those as are used exclusively by human power.
(Code 1970, 19-16; Code 1983, 10-1-21; Ord. No. 01-2012, 3-8-2012; Ord. No. 30-2014,
1, 5-8-2014)
Sec. 66-148. - Rules for collection of coins; responsibility of parking violations.

(a) The city manager or parking director shall designate employees to collect the coins deposited in
parking meters.
(b) In collecting coins, the persons so designated shall abide by the following rules:
(1) The person collecting, counting and transporting the money from the meters must be
accompanied by two other persons, one of which shall be a supervisor.[no longer done now it
is two persons]
(2) All collections from parking meters will be made during regular working hours (designated
hours).
(3) The police department will be notified when collections are being made for security.
(c) Any violations of these regulations will be cause for immediate dismissal.
(d) The control of parking violations will be the responsibility of the city manager or parking services
director.
Sec. 66-185. - Restrictions on decal usage.

Notwithstanding any other provision of this Code, decals applied to trailers, recreational vehicles,
and boat trailers may not be used to authorize parking for more than 24 hours in one parking space from
Memorial Day weekend beginning at 12:00 a.m. on Friday of the Memorial Day weekend through the
Labor Day weekend ending at 12:00 p.m. on Labor Day[Noon on Labor Day? Why not 11:59pm Labor
Day?]. Commercial trucks and commercial vans with parking decals may not occupy a parking space for
more than 24 hours on weekends and holidays from Memorial Day weekend beginning at 12:00 a.m. on
Friday of the Memorial Day weekend through the Labor Day weekend ending at 12:00 p.m. on Labor Day.
This provision, however, shall not be applicable to beach equipment rental businesses as long as
authorized vehicles of such business are in the designated space. Further, no automobile or any other
vehicle may be legally parked by use of a decal in the same parking spot continuously in excess of seven
consecutive days. The penalty provisions provided in section 66-184 for misuse of decals shall have
specific application to violations of the provisions hereof in addition to any other fines or penalties
authorized by this Code.
(Ord. No. 31-2014, 5-24-2014)
Secs. 66-18666-206. - Reserved.

Sec. 66-208. - Removal by peace officer[definition?].
(a) Cause for removal. Any peace officer who finds a motor vehicle which has been left unattended on a
public street, road or highway or other public property for a period of at least five days, or any peace
officer who finds a motor vehicle which has been left unattended or which is discarded, dismantled,
wrecked, scrapped, ruined or junked, or parts thereof, which have been held to be a nuisance as set
forth in this Code and which is unabated for a period of at least five days on private property shall be
authorized to cause such motor vehicle or dismantled parts thereof to be removed to a garage or
other place of safety, if such peace officer reasonably believes that the person who left such motor
vehicle unattended or such parts, or junked or dismantled, scrapped, ruined or junked motor vehicle
declared to be a nuisance unabated, or the owner does not intend to return and remove said motor
vehicle and/or parts.
(b) Authorization. Any peace officer shall be authorized immediately to cause such motor vehicle and/or
parts to be removed to a garage or other place of safety when such motor vehicle poses a threat to
public health or safety.
(c) Gross negligence. Any peace officer who under this section causes any motor vehicle to be removed
to a garage or other place of safety shall be liable for gross negligence only.
(d) Unknown owner. Any peace officer or the law enforcement agency of this city which causes a motor
vehicle and/or parts thereof to be removed to a garage, as authorized by this section, or other place
of safety or which is notified of the removal of a motor vehicle from private property shall within 72
hours from the time of removal or notice and if the owner is unknown:
(1) Notify the department of revenue and the state crime information center of the description of the
vehicle and the location to which such motor vehicle has been removed; and
(2) If available on the state crime information center network, determine the name and address of
the last known registered owner of such vehicle.
(e) Information for last known owner. If the name and address of the last known registered owner of the
motor vehicle is obtained from the state crime information center, the peace officer who causes the
motor vehicle and/or parts to be removed shall, within three calendar days, make available to the
person removing such motor vehicle the name and address of the last known registered owner of
such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all
security interest holders or lienholders. If such information is not available, the peace officer shall,
within three calendar days, notify the person removing or storing such vehicle of such fact.
(f) Disposal and sale of vehicle or parts. Disposal and sale of any such vehicle or parts removed shall
be in accordance with the provisions of O.C.G.A. 40-11-140-11-24 which is hereby adopted in
its entirety.
(g) Authority of city. The city shall have the power and authority to contract with private individuals and
firms for the removal of discarded, dismantled, wrecked, scrapped, ruined or junked motor vehicles
or parts thereof from public and private properties.
(Code 1983, 10-3-2)

This article shall not apply to farm vehicles or vehicles located in an enclosed building on private
property or to any motor vehicle which is located within the premises of any junkyard complying with the
laws of this state relating to the licensing and regulating of motor vehicle junkyards.
(Code 1983, 10-3-3)

Any person which[who] shall have been construed as conducting a nuisance on its [their] property
shall be subject to any or all of the penalties and punishment as prescribed in section 1-8.
(Code 1983, 10-3-4)
Secs. 66-21166-228. - Reserved.

ARTICLE V. - PARADES AND PROCESSIONS

Sec. 66-229. - Parades without permit prohibited.
It shall be unlawful for any person, singly or in concert and in conjunction with any other person in a
body, for any reason or object whatsoever, to form a parade, to operate a parade, or to parade over and
upon any street, highway or alley within the city unless and until, and as prerequisite thereto, that person
have made application therefor, setting out the object or purpose of the parade, to the clerk of council [no
goes to Chantal] and received from the clerk of council a permit in writing therefor to be issued without
charge.
(Code 1983, 10-4-1)
Sec. 66-230. - Compliance with permit and other regulations.

No funeral procession or parade except the forces of the United States army or navy, the military
forces of the state and the forces of the police and fire departments [they dont need permits?]shall
occupy, march or proceed along any street except in accordance with the terms of the permit issued by
the clerk of council and any other regulations as are set forth in this article which may apply.
(Code 1983, 10-4-2)
Sec. 66-231. - Funeral processions; identification required.

A funeral procession shall be identified as such by the display upon the outside of any vehicle of a
pennant or other identifying insignia or by lighted head lamps or by such other method as may be
determined and designated by the police department.
(Code 1983, 10-4-3)
Sec. 66-232. - Driving through a procession.

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized
procession while they are in motion and when those vehicles are conspicuously designated as required in
this article.
(Code 1983, 10-4-4)
Sec. 66-233. - Driving in a procession.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway
as practicable and shall follow the vehicle ahead as close as is practicable and safe.
(Code 1983, 10-4-5)
Secs. 66-23466-260. - Reserved.

ARTICLE VI. - PEDICABS [Seems excessive for pedicabs probably a story here]

This article shall be known and cited as "The Pedicab Ordinance of 2005."
(Ord. of 7-14-2005(2))

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:]
City. The word "city" shall mean the City of Tybee Island, Georgia, a municipal corporation, the
definition to include all area within the corporate limits of the City of Tybee Island.
Company. The holder of a license to operate a pedicab business under the provisions of this article
whether a person, firm, partnership or corporation.
Coordinator. The individual employee or organizational unit of the city charged with the responsibility
for administering and enforcing this article, except for specific responsibilities otherwise provided herein.
Driver. Any person who drives or operates a pedicab on the streets of Tybee Island for a licensed
company.
Driver's permit. The written authority granted by the city for a person to operate a pedicab within the
City of Tybee Island.
License. The right and privilege granted by the City of Tybee Island for the operation of a business
incorporating the use of one or more pedicabs within the corporate limits of the city.
Passenger loading zone. A public place alongside the curb of a street or elsewhere which has been
designated by the mayor and council as reserved for the loading and unloading of passengers.
Pedicab. A bicycle with three or more wheels operated by one person for the purpose of, or capable
of, transporting passengers in seats or a platform made a part of the pedicab. This definition shall not
include a bicycle built for two where the operators are seated one behind the other, nor shall it include a
bicycle with trainer or beginner wheels affixed thereto, nor shall it include a wheelchair or other vehicle for
the purpose of transporting a handicapped person, nor shall it include a tricycle built for a child or an adult
with a seat for only one operator and no passenger.
Street. The word "street" shall mean and include any street, alley, lane, avenue, court, or other public
vehicular right-of-way within the City of Tybee Island.
(Ord. of 7-14-2005(2))

(a) No person, firm or corporation shall operate a business involving the use of one or more pedicabs on
the streets of the city unless a license for such business has first been granted by the city in
accordance with the provisions of the applicable ordinance. The license shall be effective only for the
calendar year stated in the license, unless suspended or revoked sooner as provided by ordinance.
(b) Application for the license shall be made on forms provided by the city and shall provide such
information as is required for other business license applications, and such additional information as
may be necessary to define completely the business operation. Renewal of the license shall be as
required by the applicable ordinance.
(Ord. of 7-14-2005(2))
Sec. 66-264. - Fixed place of business required.

Each pedicab company shall maintain a designated address and shall coordinate off-street parking
for all pedicabs not in service on the streets.
(Ord. of 7-14-2005(2))
Sec. 66-265. - Indemnity for benefit of city.
Any pedicab company operating under this article shall hold the city harmless against any and all
liability, loss, costs, damages, or expense which may accrue to the city by reason of the negligence,
default, or misconduct of the company in connection with the rights granted to such company hereunder.
Nothing in this article shall be considered to make the city liable for damages because of any negligent
act or omission or commission by any pedicab company, its owner, operator, servants, agents, drivers, or
other employees, during the operation of a pedicab business or service, either with respect to injuries to
persons or damage to property which may be sustained.
(Ord. of 7-14-2005(2))
Sec. 66-266. - Insurance.

Any pedicab company desiring a license to do business shall give and maintain a policy of
comprehensive general liability insurance from an insurance company authorized to do business in the
State of Georgia for each pedicab in use as a transportation vehicle, with minimum general liability
coverage of $1,000,000.00. Such insurance shall inure to the benefit of any person who shall be injured
or shall sustain damage to property caused by the negligence or misconduct of a pedicab company, its
servants or agents. Copies of such insurance policies shall be filed with the city finance department and
shall specifically provide that such policy shall not be cancelled without notice to the city.
(Ord. of 7-14-2005(2))
Sec. 66-267. - Blanket policy.

Any pedicab company operating in the city shall give and maintain a separate policy of
comprehensive general liability insurance for each separate pedicab for hire, except where such company
or person actually owns or holds legal title to more than one pedicab, in which event, such company or
person may give one policy of comprehensive general liability insurance covering all the pedicabs actually
owned. This latter provision, however, shall not apply to any group or persons separately owning
pedicabs who may be jointly operating or doing business under a licensed pedicab company name.
(Ord. of 7-14-2005(2))
Sec. 66-268. - Notice when canceled.

Before any policy of insurance required by this article is canceled for any cause, nonpayment of
premium or otherwise, notice thereof shall be given, in writing, to the finance department at least ten days
before the same shall take effect.
(Ord. of 7-14-2005(2))
Sec. 66-269. - Pedicab driver's permit.

No person shall operate a pedicab for hire upon the streets of the city, and no person who owns or
operates a pedicab company shall permit a pedicab to be driven, or operated under a pedicab company
licensed by the city at any time for hire, unless the driver of the pedicab shall first have obtained and shall
have then in force a pedicab driver's permit issued under the provisions of this article.
(Ord. of 7-14-2005(2))

Any person desiring a permit required by this article shall submit an application in writing to the city
designee, on a form to be furnished by the city. The application shall be made under oath and shall state
the age of the applicant, his or her address, and whether he or she has been convicted of a violation of
any of the laws of the state or of this Code or other ordinances of the city, and if so, when and of what
offense, and the sentence of the court.
(Ord. of 7-14-2005(2))
Sec. 66-271. - Physician's certificate required.

Each application for a pedicab driver's permit shall be accompanied by a certification from a
reputable physician certifying that, in his or her opinion, the applicant is not afflicted with any disease or
infirmity which might make him or her an unsafe or unsatisfactory pedicab operator. In the case of
renewal of a pedicab driver's permit, the certification shall be updated every two years.
(Ord. of 7-14-2005(2))
Sec. 66-272. - Qualifications of applicant.

An applicant for a pedicab driver's permit under this article may not be less than 16 years of age,
with no physical infirmities which might make the applicant an unsafe or unsatisfactory pedicab driver. No
permit shall be issued to any person who has been convicted of operating a motor vehicle while under the
influence of intoxicating beverages or drugs two or more times within one year prior to the date of the
application for such permit, or who has been convicted of the offense three or more times within five
years prior to the date of the application for the permit. Nor shall a permit be issued to any person who
has within three years prior to the date of the application for such permit been convicted of any crime
related to transporting persons for immoral purposes or has within three years prior to the date of the
application for such permit been convicted of a felony.
(Ord. of 7-14-2005(2))
Sec. 66-273. - Pedicab driver's permit fee.

Before any permit is granted under this article, a pedicab driver's permit fee of $5.00 shall be paid by
the applicant.
(Ord. of 7-14-2005(2))
Sec. 66-274. - Current state driver's license required.

Any person applying for a pedicab driver's permit under this article must show that he has a current
motor vehicle operator's license issued or approved by the State of Georgia, and that the license is not
under suspension or revocation.
(Ord. of 7-14-2005(2))
Sec. 66-275. - Operating after suspension or revocation.

It shall be unlawful for any person to operate a pedicab for hire for the transportation of passengers
during any period in which his or her permit to do so is suspended or revoked in accordance with the
provisions of this article.
(Ord. of 7-14-2005(2))
Sec. 66-276. - Administrative hearing and appeal.

(a) Administration. This article shall be administered by the coordinator, who shall have authority to
recommend to the parking services administrator the suspension of a pedicab driver's permit for
violation of this article or state law. The parking services administrator shall have authority to
suspend a pedicab driver's permit for violation of this article or state law.
(b) Administrative hearing and appeal.
(1) Any decision of the parking services administrator to suspend a pedicab driver's permit may be
appealed within ten days. All appeals shall be made in writing to the parking services
administrator. Such appeal shall be heard by an administrative hearing panel made up of (a) the
finance director, (b) a designee of the finance director, and (c) the Tybee Island police chief or
his designee.
(2) The administrative hearing shall be informal and shall be presided over by the finance director
or his or her designee. The majority decision of the administrative hearing panel shall be
provided to the pedicab company or driver in writing within two days of the hearing. Decisions of
the administrative hearing panel may, within twn days of notification, be appealed in writing to
the city manager, whose ruling shall be final.
(Ord. of 7-14-2005(2))
Sec. 66-277. - Identification and marking generally.

Every pedicab shall have a sign plainly painted on each side of the vehicle, in letters not less than
three inches high, containing the full name of the company operating the pedicab.
(Ord. of 7-14-2005(2))
Sec. 66-278. - Numbers generally.

There shall be painted on each side and on the rear of each pedicab a number at least four inches
high, the number to be a separate and distinct number from that on any other public vehicle or taxicab in
the city. The number shall be assigned to such pedicab and the owner thereof by the coordinator and
shall not be altered or changed without the consent of the coordinator.
(Ord. of 7-14-2005(2))
Sec. 66-279. - Registration of number and names of owner and operator.

The number assigned a pedicab in accordance with this article together with the names of the owner
and operator of the pedicab shall be registered with the coordinator in a file to be kept for that purpose.
(Ord. of 7-14-2005(2))
Sec. 66-280. - Safe mechanical condition of pedicab required.

Every pedicab operated on the streets of the city shall be maintained in a safe mechanical condition,
with all safety equipment remaining intact and operative at all times when the pedicab is in service.
(Ord. of 7-14-2005(2))
Sec. 66-281. - Cleanliness of pedicab required.

Each vehicle operating under this article shall be kept painted and in a clean and sanitary condition,
free of litter and debris, and at all times suitable for public transportation of passengers.
(Ord. of 7-14-2005(2))
Sec. 66-282. - Pedicab inspections required.

Each pedicab shall be inspected by the coordinator for compliance with the provisions of this article
and shall pass the inspection before the vehicle may be used as as pedicab in the city. Each pedicab
involved in an accident shall be inspected by the coordinator before it may be returned to service
transporting passengers for hire. Each pedicab shall be inspected by the Coordinator at least once in
each six months period to insure continued compliance with the provisions of this article.
(Ord. of 7-14-2005(2))
Sec. 66-283. - Authority for removal of pedicabs from the streets.

The coordinator shall have the authority to remove from operation on the streets of the city any
pedicab which is in violation of this article, and to prohibit operation of the pedicab until all deficiencies
have been corrected. An order of the coordinator to remove a pedicab from the streets may be appealed
as provided in section 66-276.
(Ord. of 7-14-2005(2))
Sec. 66-284. - Rate of fare.

(a) Rate card required. No owner or driver of a pedicab shall charge a greater amount for the use of the
pedicab than in accordance with the published and advertised rates which shall be displayed on
each pedicab. Rates shall be displayed in such place as to be conspicuous and to be in clear view of
all passengers.
(b) Published literature. Any published literature provided by pedicab companies shall describe
specifically all services offered and the rate to be charged.
(Ord. of 7-14-2005(2))
Sec. 66-285. - Soliciting passengers prohibited.

It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly,
upon the streets or other areas of the city.
(Ord. of 7-14-2005(2))
Sec. 66-286. - Use of designated stops or stands prohibited.

It shall be unlawful for any driver of a pedicab to park or stand at any bus stop, tour bus stop, tour
bus zone, or taxicab stand. Pedicabs may stop for the purpose of leading and unloading passengers at
any designated passenger loading zone within the permitted area of operation.
(Ord. of 7-14-2005(2))
Sec. 66-287. - Restriction on number of passengers.

No driver shall permit more persons to be carried in a pedicab as passengers than the rated seating
capacity of the pedicab as determined by the tour services coordinator. A child in arms shall not be
counted as a passenger.
(Ord. of 7-14-2005(2))
Sec. 66-288. - Refusal to carry orderly passengers prohibited.

No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless
previously engaged or unable to forbidden by the provisions of this article to do so.
(Ord. of 7-14-2005(2))
Sec. 66-289. - Prohibitions of pedicab drivers.
It shall be unlawful for any driver of a pedicab to solicit business for any hotel or other business, or to
attempt to divert patronage from one hotel or business to another, or to use a pedicab for any purpose
other than transportation of passengers.
(Ord. of 7-14-2005(2))
Sec. 66-290. - Pedicab movement prohibited under certain circumstances.

No driver shall collect fare, make change, or take on or discharge passengers while his or her
pedicab is in motion.
(Ord. of 7-14-2005(2))
Sec. 66-291. - Property left in a pedicab by passenger.

Any pedicab driver discovering in any pedicab under his or her control, personal property which was
lost or left therein by a passenger of such pedicab, shall report the loss, and deliver all the property to the
office of the pedicab company within 12 hours after the discovery of the property. The driver's report shall
include brief particulars to enable the company to identify the owner of the property. The company shall
retain the property on behalf of the owner for at least 60 days.
(Ord. of 7-14-2005(2))
Sec. 66-292. - Safety equipment required.

Each pedicab shall be equipped with electrically powered lights or lanterns and with reflectors, which
lights shall be in use when operating during the hours of darkness and when raining. The lights and
reflectors shall be mounted so that they are visible from a distance of 500 feet in any direction.
(Ord. of 7-14-2005(2))
Sec. 66-293. - Area of operation.

(a) Pedicabs carrying passengers for hire shall be primarily operated on the streets designated for bike
paths and shall be used on Bulter Avenue (Highway 80) for pick up only.
(b) Pedicabs are prohibited on the following streets and street segments within the area defined above,
except to cross from one side to the other: Jones Avenue.
(Ord. of 7-14-2005(2))
Sec. 66-294. - Traffic regulations.

(a) Pedicabs shall be prohibited from stopping in traffic or delaying any on-street traffic for the purpose
of loading or unloading passengers or for any other purposes.
(b) Every person driving a pedicab within the city limits shall be subject to the provisions of this article
and shall operate pedicabs in accordance with the traffic laws of the State of Georgia and the City of
Tybee Island.
(c) Considering the nature of operating pedicabs in areas of congestion and heavy traffic, pedicabs shall
be operated with extra caution and due care for safety.
(Ord. of 7-14-2005(2))
Sec. 66-295. - Impediment of traffic flow.

It shall be unlawful for the operator of any pedicab to willfully impede the normal flow of traffic on any
street at any time. Pedicabs shall be required to pull immediately to the nearest curb area when one or
more vehicles are unable to safely pass or continue in normal traffic flow.
The willful failure of any person to comply with this section shall constitute an offense which shall be
punishable by a fine and/or suspension of the pedicab driver's permit pursuant to section 66-296 for a
period not to exceed 30 days for the first violation of this section. Second and subsequent violations shall
be punishable by a fine and/or suspension of the pedicab driver's permit for not more than 60 days
pursuant to section 66-296.
Sec. 66-296. - Compliance required.
Failure to comply with this article or any of the laws, ordinances, and regulations of the city can result
in suspension or revocation of a pedicab driver's permit and shall be punishable as an offense as
provided in this Code.
(Ord. of 7-14-2005(2))
Sec. 66-1. - Uniform rules of the road adopted; penalties.

(a) Pursuant to O.C.G.A. 40-6-37240-6-376, O.C.G.A. 40-6-1 et seq., and the definitions
contained in O.C.G.A. 40-1-1 are adopted as and for the traffic regulations of this municipality with
like effect as if recited herein.
(b) Unless another penalty is expressly provided by law, every person convicted of a violation of any
provision of this section shall be punishable by a fine of not more than $1,000.00 or by imprisonment
for not more than 12 months, or by both such fine and imprisonment. [Here is the standard penalty
clause again recommend we use this in all Sections of the Code with separate Schedule of Fees
and Penalties reviewed annually and approved by Council as part of the Budget Review]
(Code 1983, 10-1-1)
Sec. 66-2. - Skateboards regulated.

(a) No person shall ride a skateboard anywhere in the city without complying with the terms of this
section.
(b) Skateboards and portable ramps may be provided that skateboard ramps, defined as outdoor
structures designed and principally intended to permit persons on skateboards to move continuously
from one side to the other, shall not exceed six feet in height, shall be portable and shall be removed
when not in use in the parking lot by the recreational building at Jaycee Park during reasonable
hours. [What are reasonable hours? Will interfere with baseball field at Jaycee Park].
(c) Skateboards, without the use of portable ramps and to be used for travel from one end of the island
to the other, may be utilized between Highway 80 and 16th Street on Lovell Avenue. [Are they not
allowed anywhere else?]
(d) The use of skateboards and/or portable ramps used with them will not be allowed in any other public
areas of the city unless specifically designated as recreational facilities by the city.
(e) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor
for a period not exceeding 30 days, or by both such fine and imprisonment.
[Recommend Council reconsider Skateboard regulations]
(Code 1983, 10-1-3)
Sec. 66-3. - Speed zones.

(a) Pursuant to O.C.G.A. 40-6-183 concerning local authorities power to alter lawful speed limits, the
following is adopted.
(b) The following speed zones are established based on an engineering and traffic investigation as
prescribed by law.
On-System Highways
State Mile Mile Length in Speed

From To
Route Point Point Miles Limit
0.26 mi. west of CR
26/U.S. 55
761 Old U.S. 80 (w. 32.66 0.33 mi. 33.13 0.47
80 mph
city limits)
26/U.S. 0.33 mi. west of CR 0.24 mi. west of CR 45
32.66 33.93 0.80
80 23 Cataline Road 853 Byers Street mph
26/U.S. 0.24 mi. west of CR 35
33.93 CR 835 2nd Avenue 35.34 1.41
80 853 Byers Street mph
26/U.S. 30
CS 835 2nd Avenue 35.34 CS 828 3rd Street 35.61 0.27
80 mph
CS 828 3rd Street 35.61 36.61 1.00
CS 804 16th Street
36.61 (Tybris A.) (end of SR 36.86 0.25
26. U.S. 80)
School Zone
State Mile Mile Length Speed

Time From To
Route/Road Point Point in Miles Limit
School days only: 0.02 mi
CS 831
26/US 80 - 7:30 a.m.8:30 east of CS 30
4th 35.65 36.86 0.43
Butler Avenue a.m.; 2:30 p.m. 822 8th mph
Street
3:30 p.m. Street
[Butler is 30 mph at all times]
Signs to be erected by the department of public transportation for all state routes.
Off-System Highways
Road Name From To Miles Speed

Limit
14th St., Tybee Dr., 15th St. Atlantic Ave., 16th St.
East of
Izlar Ave., Silver Ave., 17th St., T.S. Chu Terr., 17th Beach 15 mph
Butler
Pl., and 18th St.
Lewis Ave. 6th St. SR 26 0.50 20 mph
SR 26/US
Jones Ave. 17th St. 1.60 25 mph
80
Chatham Ave. Inlet Ave. 14th St. 0.50 20 mph
Chatham
Venetian Ave. 12th St. 20 mph
Ave.
Horsepen
S. Campbell Ave. 26/US 80 15 mph
Pt.
N. Campbell Ave. 26/US 80 Van Horn 15 mph
Jones Avenue will be a no passing zone.

Speed limit changes pending DOT approval (2/23/2006).
(c) Persons convicted of violating this article shall be punished as provided for by law.
(Code 1983, 10-1-4; Ord; of 2-23-2006; Ord. of 10-11-2007; Ord. No. 19-2016 , 1, 8-11-
2016)
Sec. 66-4. - Through streets designated; restrictions.

(a) The following streets in the city are designated as through streets, and all vehicles are required to
stop before entering or crossing the same:
(1) Butler Avenue from First Street through Nineteenth Street.
(2) Venetian Drive from Twelfth Street through Fourteenth Street.
(3) Chatham Avenue from Fourteenth Street to Seventeenth Street.
(4) Chatham Avenue from Seventeenth Street through Nineteenth Street.
(5) First Street from Butler Avenue to the city limits on U. S. Highway 80.
(6) Lovell Avenue from Second Street to Fourth Street.
(7) Second Avenue from Second Street to Fourth Street.
(8) Lovell Avenue from Fifth Street to Inlet Avenue.
(9) Second Avenue from Fifth Street to Seventeenth Street.
(10) Sixteenth Street from Jones Avenue to Chatham Avenue.
(11) The strand from Sixteenth Street to Eighteenth Street.
(12) Twelfth Street from Venetian Drive to Jones Avenue.
(13) Thirteenth Street from Venetian Drive to Jones Avenue.
(14) Fourteenth Street from Chatham Avenue to Jones Avenue.
(15) Van Horn Street from First Street to its northernmost point past and including Pulaski Street.
(16) Campbell Avenue from First Street to Van Horn Street.
(17) Meddin Drive from Van Horn Street to Taylor Street.
(18) Taylor Street from Van Horn Street to Meddin Street.
(b) No person shall operate or drive any vehicle across or into any street designated as a through street
by this section or any other ordinance of the city from a street intersecting that through street without
first bringing the vehicle to a complete stop; provided, however, that this section shall not apply to
intersections where traffic is being directed by an officer of the police department or where traffic is
directed by a traffic control device or sign, in both of which cases the traffic officer or control device
shall be obeyed.
(Code 1970, 19-6; Code 1983, 10-1-5)
Sec. 66-5. - Yield right-of-way signs intersections.

The following intersections are designated as yield-right-of-way intersections, and vehicles facing a
yield-right-of-way sign are required to yield the right-of-way to other vehicles:
(1) Campbell Avenue traffic shall yield for Van Horn Street traffic.[There is a Stop sign on North
Camp at Van Horne.]
(2) Parking lot traffic within the municipal parking lot east of the strand between Sixteenth and
Eighteenth Streets shall yield for the strand traffic when exiting from that parking lot at the
Eighteenth Street exit.
(3) Eastbound traffic on Cedarwood Street shall yield for Van Horn Street traffic.
(Code 1970, 19-7; Code 1983, 10-1-6)
Sec. 66-6. - Reckless driving.

The term "reckless" shall be defined to include the following:
(1) The operation of an automobile at a speed in excess of that fixed by the mayor and council
members of the city.
(2) The failure to bring a motor vehicle to a full stop before crossing any boulevard or designated
through street where there is a stop sign.
(3) The failure to observe traffic signals and to cross or attempt to cross where the red stop light is
on at the time or to cross on any street in face of a stop sign before having brought that
automobile to a full and complete stop.
(4) The weaving and driving of an automobile from one traffic lane into another, except where it is
necessary to pass an automobile in the same direction and where the same can be done
without endangering the safety of other vehicles or pedestrians in that street at that time.
(5) The failure to observe the rules of the road.
(6) The unnecessary and loud blowing of horns and sirens, except where it is necessary for the
safety and security of the persons driving that automobile.
(7) Driving on a wrong side of the street.
(8) Backing into a parking space or driving out of a parking space in a negligent manner where
under the circumstances the lives and property of other persons or vehicles in that street are
endangered.
(9) Crossing a yellow line in the center of the street where the same is prohibited by traffic
regulations or ordinances of the municipal authorities of the city.
(10) Racing or driving fast in a negligent manner on any street in the city, even within the speed
limits where traffic conditions at that time require a lower rate of speed.
(11) Driving an automobile in a grossly negligent manner, or at a speed greater than fixed by
municipal ordinances when passing in a school or hospital zone, and where those acts tend to
endanger the lives of persons or the security of property at that time and place.
(12) Any driving of any automobile on any of the streets of the city in a wanton, willful or negligent
manner without having that car under control at a time when traffic conditions warrant and
require a lower rate of speed and greater precaution to insure the safety of others lawfully in
that street.
(13) Taking away the right-of-way of an approaching vehicle.
(14) Driving on a street in a direction other than that fixed by ordinance.
(15) Driving or operating an automobile upon the sidewalks of the city, or through a park or square
except that the same shall not apply to fire engines, police vehicles or ambulances in the
performance of their duty.
(16) Driving or operating a motor vehicle upon the streets of the city without proper lights or brakes.
(17) Driving or operating a motor vehicle upon any of the beaches of the municipality.
(18) The failure to yield to a motor vehicle when required to do so by a yield-right-of-way sign.
(Code 1970, 19-9; Code 1983, 10-1-8)
Sec. 66-7. - Go-carts prohibited; penalty.

(a) Findings. The mayor and council, after receiving evidence regarding the hazards associated with the
use of go-carts on public streets, and in order to reduce the risk of injuries to persons or damage to
property, finds that an ordinance prohibiting the use of go-carts on the city's streets is necessary and
appropriate.
(b) Prohibited conduct. Except in areas specifically permitted by mayor and council and except as mayor
and council might permit in connection with special events or parades, it shall be unlawful for anyone
to operate a go-cart on public streets within the city.
(c) Penalty. Any person violating any provision of this section shall be deemed guilty of a misdemeanor
for a period not exceeding 30 days, or both.
(Code 1983, 10-1-40; Ord. No. 05-2010, 5-27-2010)

(a) Permitted/city employees. A city employee on city business, in a city vehicle, and in the exercise of
their duties, may operate gasoline, diesel fuel, or battery-operated powered vehicles or carts upon
the city's streets, parks, parking lots, beaches, and other public properties in the city limits.
(b) Motorized carts. Motorized carts shall be as defined under state law.
(1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the
streets and those areas accessible by the public to register the cart with the city within ten
business days of the date of purchase or acquisition. Numerical decals shall be issued upon
registration; and a record of each motorized cart number, along with the name and address of
the owner, shall be maintained by the police department. The registration fee for motorized
carts used in the city shall be $15.00 and the registration shall be effective until such time as the
cart is sold or otherwise disposed of.
(2) Highway 80 Crossing. No motorized cart may be permitted to operate on Highway 80 and may
only cross Highway 80 at the following designated locations:
a. Highway 80/Butler Avenue at locations south of the Park of Seven Flags;
b. At the traffic controlled intersection of 14th Street and Highway 80;
c. At the traffic controlled intersection of Campbell Avenue and Highway 80; and
d. At the traffic controlled intersection of Jones Avenue and Highway 80.
[Not currently enforced recommend Council reconsiders Ordinance]
(3) City streets. All streets of the city shall be accessible for an appropriately registered and used
motorized cart thereon except as to Highway 80 as stated above.
(4) Operation regulations.
a. All motorized carts must be equipped with headlights, tail lights, brake lights, a flashing or
rotating yellow or amber light mounted on the top, seatbelts[not enforced], turn signal lights
and a horn, and the maximum speed capability of any motorized cart must not exceed 20
miles per hour.
b. All occupants of a motorized cart must wear seatbelts at all times. [Not enforced]
c. Children car and booster seats used in a motorized cart must be approved by the
manufacturer for use with lap belts only, without the necessity of a shoulder strap.
Children's car and booster seats may only be used in the front seat or another forward
facing seat within a motorized cart.
d. Motorized carts shall not be operated on the sidewalks or bike trails within the city.
e. All operators shall abide by all traffic regulations applicable to motor vehicular traffic.
f. Only licensed drivers are permitted to operate motorized carts and each owner is required
to provide insurance for liability purposes in an amount not less than $25,000.00 per
person, $50,000.00 per accident, and $15,000.00 in liability insurance. Proof of insurance
shall be provided at the time of registration and be maintained in or on the vehicle.
g. Motorized carts will only be operated by individuals who are at least 16 years of age and
possess a valid driver's license. [Not enforced]
h. It shall be unlawful for a motorized cart to be operated on the streets of the city except as
expressly authorized in this section and every person convicted of a violation shall be
punished by a fine of not more than $1,000.00 or imprisonment for not more than 12
months, or both.
i. It shall be unlawful for any occupant of a motorized cart to throw or otherwise permit,
bottles, cans, paper or rubbish, including cigarette butts, to be deposited in any public park,
on the sidewalks, streets, beaches, lanes, highways or other public properties, or on
private property of another, except into trash receptacles. Included would be the removal
by wind or otherwise of such items from motorized carts due to having such items
unsecured on such vehicles. "Rubbish" as used herein shall include any matter that does
not occur naturally in the area and specifically includes garbage, food items, peels, shells,
etc., whether or not biodegradable.
(5) Motorized cart rental regulations. Motorized cart dealers and distributors, as well as any other
commercial establishment, may rent motorized carts to the public for use on the streets and
those areas accessible by the public of the city. Renters shall be provided a copy of this article
and a map illustrating Highway 80's designated crossings. Renters shall provide a signature as
proof of their acknowledgment and understanding of this article's requirements. It shall be the
responsibility of each such establishment renting carts to maintain a written record of each
renter's signature of acknowledgement and understanding of this article's requirements.
(6) Signs. The city shall post signs giving notice of the existence of operating standards along
appropriate public streets. [These signs do not exist]
(7) Motorized carts must observe the parking regulations and ordinances applicable to motorized
vehicles and all parking therefor shall be by payment of the appropriate charge for parking in
authorized parking places and/or the display of a valid decal for parking.
(8) Penalty for littering. In addition to any other penalties provided by law, anyone convicted of
violating subsection (b)(4) shall be fined not less than $100.00 for the first offense plus
applicable court fees, and not less than $200.00 for subsequent offenses plus applicable court
fees for any subsequent offense occurring within a 12-month period of a preceding
offense.[Why this here when littering is defined and penalties levied in previous
Section?]
(Code 1983, 10-1-44; Ord. No. 04-2010, 5-13-2010; Ord. No. 24-2010, 9-24-2010; Ord. No.
46-2014, 1, 8-28-2014; Ord. No. 06-A-2015, 1, 3-12-2015)

Chapter 70

Chapter 70 - UTILITIES
ARTICLE II. - WATER SYSTEM
Sec. 70-24. - Water-sewer department director.
The city manager shall appoint, and provide general supervision of, a director Director of the water-
sewer department, and said director shall administer and coordinate the activities of the water-sewer
department.
(Code 1983, 6-1-1)
Sec. 70-25. - Water conservation.
(a) Purpose. The purpose of this article is to ensure the protection of the public health, welfare and
safety of the city in the event of environmental or mechanical problems that may cause a water
shortage which will prevent adequate flow and pressure for both domestic and fire protection.
(b) Coverage. This article shall apply within the territorial limits of the city.
(c) Definitions. The following words, terms and phrases, when used in this article, shall have the
meaning:
Commercial and industrial water means water that is used as an integral part to produce goods and
services by any establishment having financial profit as their primary aim. It does not include reclaimed or
treated wastewater used for irrigation purposes.
Conservation means the reduction in water use to prevent depletion or waste of the resource.
Customer means all persons [recommend defining Persons as in Sec 70-72 so corp,
partnership, and other org are included] in whose name the city water department maintains an
account for water use, or who are responsible for payment of water passing through a particular meter. All
customers are responsible for any use of water that passes through the meter for which they are
responsible.
Domestic water means water that is used for personal needs or for household purposes such as
drinking, bathing, heating, cooking, sanitation, or for cleaning a residence.
Emergency means any one or all the following are present: water supplies are below the level
necessary to meet normal needs of the city causing a shortage; there is inadequate water treatment
capabilities; mechanical difficulty that exists to the level that water supplies are below the level that
normal needs cannot be met; or any other unforeseen circumstances which results in or may result in
water supplies being at a level that normal needs cannot be met.
Essential water means water specifically for firefighting, and necessary to meet the public health and
safety requirements.
Page 1

Nonessential water means water not specifically for firefighting and does not promote public health
and safety requirements.
Water means all water available to the city for treatment by virtue of the city's water rights or
withdrawal permits and any treated water introduced by the city into its potable water distribution system,
including water purchased or offered for sale. Water does not include treated wastewater effluent
reclaimed for reuse in irrigation and/or other approved uses.
Water shortage means the lack of adequate available water to meet the normal demands due to
lower than normal precipitation, reduced flows or soil moisture, and/or lowering of potentiometric surface
in wells which causes water supplies to be less than usual, and contamination or possible contamination
of a well. [Consider adding compliance violation with state withdrawal limitations as a condition
of Water shortage]
[Recommend re-ordering priority levels from least important (first to go) to most important
(last to go)]
(d) Priority levels. The following priority levels of users of the city water system are established:
(1) Priority level 1. Hospitals, health care facilities, police and fire department. Essential
priority level 1 water use:
a. Use by hospital and health care facilities of such amount of water that is necessary
for patient care and rehabilitation, including swimming pools necessary for patient
care and rehabilitation.
b. Use by police and fire department of such amount of water that is necessary to
protect the welfare and safety of the city.
(2) Priority level 2. Domestic use.
a. Essential priority level 2 water use:
1. Use by residential users of such amount of water that is necessary to sustain
human life and the lives of domestic pets, and to maintain hygiene and
sanitation.
2. Use by nonresidential users of such amount of water that is necessary to
sustain human life and comfort in the workplace and maintain hygiene and
sanitation.
b. Nonessential priority level 2 water use:
1. Use by residential users of such amount of water to water lawns, wash any
vehicles, washing down sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard surfaced areas.
2. Maintaining fountains, reflection ponds, and decorative water bodies for
aesthetic or scenic purposes, except where necessary to support aquatic life.
3. Maintaining swimming pools. [does this include private and commercial?]
(3) Priority level 3. Commercial use.
a. Essential priority level 3 water use: use by commercial users i.e., car washes, water
parks.
1. Serving water routinely in restaurants.
2. Increasing water levels in scenic and recreational ponds and lakes, except for
the minimum amount required to support fish and wildlife. [if fish and wildlife
exempt where does this fall in order of priority?]
Page 2

3. Irrigating golf courses and any portion of its grounds, except reclaimed or
treated wastewater.
4. Obtaining water from hydrants for construction purposes, fire drills, or for any
purpose other than firefighting.
(4) Priority level 4. Industrial use.

a. Essential priority level 4 water use:
[recommend remove no Priority level 4 listed]
(e) Authority. For the protection of the public health, welfare and safety of the city, the city manager has
the authority to determine when certain conditions exists in the city requiring water conservation
measures to be imposed.
(f) Responses to water shortages. Should the city manager impose water conservation measures, the
following steps should shall be followed:
(1) Declaration of voluntary conservation measures. Whenever the city manager finds that a
potential shortage of water supply is indicated, the city manager is empowered to declare a
state of voluntary conservation, and to call upon all water customers to employ voluntary water
conservation measures.
(2) Declaration of mandatory conservation measures. When it is found that there is a potential
water emergency situation to occur or exist, the city manager can declare a state of mandatory
conservation measures which will limit all water users to essential water use only.
(3) Declaration of water shortage. At this time the city manager can declare that a water shortage
does exist and the rationing of water will proceed. Rationing is based on the priority level,
Sstarting with those users that are categorized as priority level 4 will be the first to lose
water. Priority level 3 will lose water next. Priority level 2 will lose water next. Priority level 1 will
be the last to lose water. [Reorder since no priority 4 items.]
(g) Warnings; disconnections; fines; penalty. Violators of any provisions in this article will be issued one
warning by certified mail and/or citation. After issuing one warning, the city water-sewer department
may disconnect the water service of any customer whenever it is determined that such person has
failed to comply with the provisions of this article. Service disconnected under such circumstances
shall only be restored upon payment of a reconnection charge to the city water-sewer department.
(h) Enforcement.
(1) Written warning. Any water customer violating a water use restriction will receive one written
warning or citation.
(2) Notice and enforcement fee. Any water customer violating a water use restriction after receipt
of a warning will receive a water use violation notice and a $50.00 enforcement fee (added to
their water bill).
(3) Disconnection of water service. Any water customer violating a water use restriction after
receipt of a citation (and $50.00 enforcement fee) will have their water service disconnected
(meter removed). A $150.00 reconnection fee will apply to all re-installations/reconnections.
(4) Use violation fee. Subsequent violations will result in a $1,000.00 water use violation fee for
each occurrence.
(i) Water use restrictions.
(1) Step 1. Voluntary reduction of outside water usage.
Page 3

(2) Step 2. Mandatory restriction of all outside water usage between the hours of 12:01 a.m. and
12:00 noon with odd/even restrictions. Odd number addresses utilize water outside on odd-
numbered days only. Even numbered addresses utilize water outside on even-numbered days
only.
(3) Step 3. Mandatory restriction of all outside water usage at all times.
(4) Step 4. Mandatory restriction of all water usage, except for essential purposes.
(Code 1983, 6-1-2)
Sec. 70-26. - Wellhead protection.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meaning:
Hazardous waste or material means any waste or material which because of its quantity,
concentration or physical, chemical or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious
incapacitation or reversible illness; or
(2) Pose substantial present or potential hazard to human health or to the environment when
improperly treated, stored, transported, disposed of or otherwise managed.
Sanitary landfill means a disposal site where solid wastes, including putrescible wastes, or
hazardous wastes, are disposed of on land by placing earth cover thereon.
Wellhead means the upper terminal of a well, including adapters, ports, seals, valves and other
attachments.
(b) Purpose. The purpose of this section is to insure [ensure] the provision of a safe and sanitary
drinking water supply for the city by the establishment of wellhead protection zones surrounding the
wellheads for all wells which are the supply sources for the city water system and by the designation
and regulation of property uses and conditions which may be maintained within such zones.
(c) Establishment of wellhead protecting zones. There is established a use district to be known as a
wellhead protection zone, identified and described as all the area within a circle the center of which
is the center of any city water supply wellhead and the radius of which is 100 feet.
(d) Permitted uses. The following uses shall be permitted within wellhead protection zones:
(1) Any use permitted within existing agricultural or single family residential districts, except that
the minimum residential lot size for a lot any portion of which lies within wellhead
protection zone shall not be less than one acre; [recommend delete no lot size of 1 acre
or more on the island] and
(2) Any other open land use where any building located on the property is incidental and
accessory to the primary open land use.
(e) Prohibited uses. The following uses or conditions shall be and are prohibited within the wellhead
protection zones, whether or not such use or condition may otherwise be ordinarily included as a part
of a use permitted under subsection (d) of this section;
(1) Surface use or storage of hazardous material, expressly including commercial use of
pesticides;
(2) Septic tanks or drain fields appurtenant thereto;
(3) Impervious other than roofs of buildings, and streets, driveways and walks serving buildings
permitted under subsection (d) of this section;
Page 4

(4) Sanitary landfills;

(5) Hazardous waste disposal sites;
(6) Stormwater infiltration basins;
(7) Underground storage tanks;
(8) Sanitary sewer lines within 150 feet of a wellhead. [recommend delete]
(f) Administration. The policies and procedures for administration of any wellhead protection zone
established under this section, including without limitation, those applicable to nonconforming uses,
exceptions, enforcement and penalties, shall be the same as provided in the Land Development
Code, as the same is presently enacted or may from time to time be amended.
(Code 1983, 6-1-3)
Sec. 70-27. - Water service application; information; fee payment.
Applications for water shall be made to the water department on the printed form provided by that
department [or electronically]. Applicant must state specifically for what purposes the water is to be
used and before water service is rendered the full amount of any required deposit, the extension of water
lines and the tapping fee, as per application and agreement, must be paid.
(Code 1970, 20-14; Code 1983, 6-1-4)
Sec. 70-28. - Service pipe, curb stop and tap specifications.
Service pipes from mains for private dwelling houses shall be one inch with three-fourths-inch
branches; all pipes shall be made of polypropylene, PVC, or copper; only brass fittings are allowed; no
tap or no curb stop shall be smaller than one inch and larger size taps and curb stops must be approved
by the department dDirector of the water and sewer department.
(Code 1970, 20-15; Code 1983, 6-1-5; Ord. No. 45-2011, 10-27-2011)
Sec. 70-29. - Cost of laying service pipes borne by applicant.
The cost of laying water pipes from the mains to the property line will be borne by the applicant, as
herein provided.
(Code 1970, 20-16; Code 1983, 6-1-6)
Sec. 70-30. - Shut off for violation of regulations.
The city reserves the right to shut off the water at any time the provisions governing water service
are violated.
(Code 1970, 20-18; Code 1983, 6-1-7)
Sec. 70-31. - Responsibility for compliance with regulations.
Owners of real estate and the premises thereof [thereon] are responsible [to assure] that the water
service furnished to them or to said property is used according to the provisions herein established; and
are responsible for any tenant and other person occupying or using that property.
Page 5

(Code 1970, 20-19; Code 1983, 6-1-8)
Sec. 70-32. - Connection to water system required.
All owners of real property or water consumers within the city shall connect or cause to be connected
all plumbing and water fixtures on the real estate owned by them, or on the premises occupied or using
water, with the city water system.
(Code 1983, 6-1-9)
[recommend removing all fees and placing on Schedule of Fees and Fines]
Sec. 70-33. - Tapping/stubbing, meter, and aid to construction fees.
(a) Water and sewer tap and stub fees.
Water Tap Fees
Dollar Amount Water Meter Size
$550.00 inch
$818.40 1 inch
$1,573.00 1 inches
$1,887.60 2 inches
* Above 2 inches
*As determined by the city manager
Sewer Tap/Stubbing Fee
$550.00 inch
$818.40 1 inch
Page 6

$1,573.00 1 inches
$1,887.60 2 inches
* Above 2 inches
*As determined by the city manager
Water tapping and sewer stubbing fees for a water consumer will be based on the
following formula. The fee shall cover the cost of the meter and inspection of installation
of same. Actual installation of both lines and meter shall be the responsibility of the
applicant. This tapping stubbing fee is payable in advance.
(b) Meter costs. The cost for a water meter for sprinkler systems, swimming pools, etc., shall be
based on the size of the meter deemed necessary by the water and sewer department
supervisor and/or his designee. The following rates cover the cost of the meter only. The
property owner is responsible for both installation of meter and running of necessary lines.
$350.00 inch and 5/8
$520.00 1 inch
$1,000.00 1 inches
$1,200.00 2 inches
Cost plus 25% Above 2 inches
(c) Aid to construction fees. In addition to the above tap and stub fees, the following aid to
construction fees will apply:
(1) The mayor and council seek to expand the city's existing wastewater treatment facilities,
and
(2) The mayor and council desire to ease the burden of such expansion of its facilities on
the current users. The city council enacts the following aid to construction to be applied
to customers that wish to connect to the city's wastewater utility system:
a. In order to connect to the city's wastewater utility system all users shall pay an aid
to construction fee in addition to any tap or other fee required. The aid to
construction fee shall be paid prior to connecting to the city's wastewater system. A
Page 7

written agreement between the city and each user will be executed upon payment of
fees and prior to construction of facilities.
b. The aid to construction fee shall be set by the city council as an aid to the cost of
expanding or upgrading the city's wastewater treatment facilities and/or collection
system, including future expansion of the plant or upgrading the facilities (including
legal, engineering, construction, and administrative costs) at $4.00 per gallon per
day of anticipated use. In addition, such fees may also be used as an aid to
financing the improvements to the potable water system of the city, including, legal,
engineering, construction, and administrative costs.
c. The aid to construction fee shall be calculated by the city and shall be based on the
average daily consumption of each type of establishment as outlined in subsection
(c)(2)d. of this section.
d. The following water use standards shall be used by the city in establishing the
average daily consumption of users for the purpose of calculating the aid to
construction fee. Where categories are not listed, the city through its consulting
engineer will calculate the project's contributory load factor (wastewater usage) and
present the calculated load factor to the city council for approval.
e. In connection with additions of heating and/or cooled space to existing structures,
the aid to construction fee shall apply upon application for a building permit to such
structures and shall be calculated at the rate of $0.50 per square foot of the
additional heated and/or cooled space.
_____
Water Usage
Aid to Construction
Type of Structure in Gallons Per
at $4.00 Per Unit
Day
Apartment, and other dwelling units *
Assembly hall 3 per seat $12.00
Barbershop/beauty parlor 125 per chair $500.00
Boardinghouse** 100 per room $400.00
Bowling alley 50 per lane $200.00
Church without day care or kindergarten 5 per seat $20.00
150 per exam

Clinic $600.00
room
Correction institution 125 per bed $500.00
Page 8

Country club, recreation 25 per member $100.00
Facilities only:
Day care center, no meals 15 per person $60.00
Dental office 200 per chair $800.00
Department store 10 per 100 sq. ft. $40.00
Drug store: 500 per store $2,000.00
Fountain service - add 1500 per store $6,000.00
Meals - add 50 per seat $200.00
Food service establishments
with restrooms and

kitchen:**
Restaurant, less than 24 hours per day

32 per seat $128.00
operation
Cafeteria, less than 24 hours per day

63 per seat $252.00
operation
Restaurant, 24 hours per day operation 100 per seat $400.00
Drive-in restaurant 50 per car space $200.00
Carry-out only 75 per 100 sq. ft. $300.00
Hospital 250 per bed $1,000.00
Hotel, no kitchen 100 per room $400.00
Kindergarten, no meals 15 per person $60.00
Page 9

Kitchen for day care, kindergarten 20 per person $80.00
Laundry, self service 200 per machine $800.00
1,000 per
Laundry, commercial $4,000.00
machine
Mobile home park 300 per site $1,200.00
Motel, no kitchen 100 per room $400.00
Nursing/personal care home 150 per bed $600.00
Office 30 per 200 sq. ft. $120.00
200 per exam

Physician's office $800.00
room
Prison 60 per person $240.00
Schools:
Boarding 100 per person $400.00
Day, restrooms only 15 per person $60.00
Day, restrooms and cafeteria 20 per person $80.00
Day, restrooms, gym, cafeteria 25 per person $100.00
Service stations:
Car wash only 1,000 per stall $4,000.00
Fuel and oil only 300 per pump $1,200.00
850 plus 300 per

Full service $3,400.00 and $1,200.00
pump
Page 10

Shopping center 10 per 100 sq. ft. $40.00
Stadium 2 per seat $8.00
Tavern, bar, cocktail lounge - no meals 30 per seat $120.00
Theater 5 per seat $20.00
Travel trailer park:
With independent water and sewer

175 per site $700.00
connection
Without independent water and sewer

35 per site $140.00
connection
$1.00 per square foot of heated and/or

Residential construction
cooled space*
*$1,200.00/unit minimum; $1.00 per foot above 1,200 square feet.

**Add 500 gallons per machine to amount indicated if laundry or dishwashing machines are to be
installed.
_____
(d) Shallow water wells[recommend defining Shallow water well] for irrigation. Consistent with the
city's policy promoting the use of shallow water wells for irrigation and other appropriate purposes,
where appropriate and consistent with all regulations pertaining to the same, any individual who has
previously purchased a water meter for the operation of an irrigation system which is being rendered
unnecessary by the implementation of a shallow water well shall be entitled to a refund on the
charge for the water meter imposed pursuant to subsection (b) of this section upon returning the
meter to the city. Thereafter, such system may not be reconnected to the city's water system without
resecuring and repaying for the meter.
(Code 1970, 20-20; Code 1983, 6-1-10; Ord. of 4-27-2006(2), 2)
Sec. 70-34. - Meters.
(a) Location of installation. Meters shall be installed as close to the property line [define which
property line closest to nearest City water line?] of the customer as possible. All connections
shall be inspected by a designated city employee from the water department. Only those properties
where meters have been installed will be furnished water from the city water system.
Page 11

(b) Access to premises [define access to premises yard/ inside house?]. The duly authorized
employee of the city shall have at all times free access to the premises for the purpose of readying
[not sure if readying meaning installing or reading] the meter or removing the same for the
purpose of testing its accuracy.
(c) Permanent fixture upon property. Each meter shall become a permanent fixture upon the property
or premises where installed and may be transferred upon the transfer of ownership of the property or
premises to provide for continued water service to that property.
(d) Meter size. The size of the water meter shall be in accordance with the decision of the department
director. Department Director
(e) Responsibility of property owner. Water laterals are to be maintained by the property owner. The
owner of the property serviced by city water service shall be responsible for maintaining the water
pipes between the plumbing fixtures on the property to the property line or the water meter keeping
them in good operating condition and free from all internal obstructions.
(f) Separate meters for multiple units. Duplexes, multiple-family dwellings and structures divided into
several apartments, offices, or separate businesses, excluding hotels and motels, shall be so
equipped that each unit can be supplied with a separate meter. The rate for each meter shall be
based on the service rate schedule; provided, however, that in the case of existing buildings the city
may allow one meter of the proper size to continue to be utilized. The rates for that meter shall be
based on a standby minimum base charge for each dwelling unit or business unit. The actual water
usage shall be computed on the primary unit, according to the meter reading, and so billed. In all
such instances of multiple units, the property owner shall be billed for all service charges for all units.
(g) Circumstances for water service. Water meters shall be installed upon issuance of a building permit
so that water may be available during the construction process. After a certificate of occupancy is
issued by the city, normal occupancy-billing occurs. In the event a structure is unfit for habitation or
use, due either to the absence of a certificate of occupancy or by condemnation, and the owner
thereof nevertheless effects occupancy of the premises, the city shall not provide water and sewer
services to the premises.
(h) Meters for shopping centers, stores and commercial establishments. In all shopping centers, stores,
and commercial establishments occupied by more than one tenant, there shall be a separate meter
installed to furnish service to each tenant. See also, subsection (f) hereof.
(i) Expense of maintaining and repairing meters. The cost of maintenance of water meters will be born
by the city, except that repairs will be made at the expense of the person who receives the supply
through the meter and the damages due to hot water backing into the meter or carelessness or
accident on the part of consumers, tenants, or employees of consumers. The cost of such repairs will
be billed to the consumer and must be paid for within 30 days after the bill is presented or the city
may cut off the supply of water and water will not be turned on again until the charges are paid to the
city.
(j) Charges when meter fails to register. If a water meter should become out of order or fail to register,
the consumer shall be charged at the average daily consumption as shown by the meter when in
order.
(k) Procedure when meter is inaccessible. If a meter reader is unable to procure a reading of a meter
after two calls, due to the building being locked or vacant or the occupant not permitting entrance or
entrance to the premises is made precarious by a vicious dog or otherwise or ingress to the meter is
obstructed in any manner whatsoever, whether in the building or a vault, the water may be shut off
by the city and an estimated charge made for the amount of water consumed. In the event water is
shut off for any such reason, it will not be turned on again until free access to the meter is provided
and payment of any arrearage is made.
(Code 1970, 20-21; Code 1983, 6-1-11; Ord. No. 46-2011, 12-8-2011)
Page 12

Sec. 70-35. - Gravel wall wells and limerock wells.
(a) It shall be unlawful for any person to dig a gravel wall well as hereinafter defined; provided,
however, it shall be within the discretion of the governing body[City Manager], upon petition, to
permit any digging, installation and use of any well, provided an application is made and a permit is
granted prior to the digging of that well. That well shall in no way be connected into the city water
system. The maximum depth permitted for any gravel wall well shall be 100 feet, and this depth shall
not be exceeded in any instance.
(b) It shall be unlawful for any person, within the corporate limits of the municipality to dig or install a
limerock well, as hereinafter defined. However where it is not possible for the city to provide water, it
shall be within the discretion of the governing body upon petition to permit the drilling of a limerock
well.
(c) At such time municipal or public water service is extended to the property line of the owner of a
private well, the city shall either incorporate the well into its water supply system, or plug, cap, and
abandon the well according to state health requirements. There shall be no charges or fees attached
to this exchange between the city and the well owner.
(d) The term "gravel wall wells" are defined as wells that obtain their water from the saturated sands
between the ground surface and the top of the limerock aquifer. These wells shall consist of a well
screen surrounded by a seven-inch thick wall of gravel.
(e) "Limerock wells" are defined as those wells which are drilled into the limerock aquifer, containing a
steel casing through the overlying sands so as to seal off the water above the aquifer.
(Code 1970, 2023; Code 1983, 6-1-12)
Sec. 70-36. - Purposes and restrictions.
The governing body [The City Manager or his designee] shall provide proper application forms
for the making of application for the digging of a gravel wall well. There shall be no human consumption of
water obtained from the gravel wall well, and any gravel wall well shall be used only for purposes of
watering lawns, flowers, shrubbery, etc. Neither shall the water from that well be used for the bathing of
individuals or for swimming pools, nor for the washing and cleaning of clothing.
(Code 1970, 2024; Code 1983, 6-1-13)
Sec. 70-37. - Well permit; fee; restrictions; inspections.
(a) The permit fee for sinking a well is $25.00 for inspection to ascertain that well is not
connected to the city water system. [recommend delete and place on Schedule of Fees and
Fines]
(b) Applicant should shall contact city hall for a permit and show the proposed location of the well on a
scale drawing of the property verifying that the well is on the applicant's property and not the city
right-of-way.
(c) Every effort shall be made to [place the] pump above the flood stage, however, if the applicant's
property is extremely low lying, a two-foot platform will be sufficient. [needs clarification
confusing]
(d) The shallow well system shall, in no way, be connected to the water supply running to a residence,
as shallow well water is for outdoor use only.
(e) Signs shall be posted at each tap served by the well, stating that the water is not potable and this
includes outdoor showers.
Page 13

(f) The applicant shall notify the city inspections department for an inspection after installation to ensure
compliance with the necessary requirements.
(g) If there is a separate meter for irrigation, the city will repurchase the meter for $350.00 for a
three-fourths inch meter or $520.00 for a one inch meter. [recommend remove and place on
Schedule of Fees and Fines. These prices still valid?]
(Code 1970, 2025; Code 1983, 6-1-14)
Sec. 70-38. - Billing; delinquency; fees; etc.
(a) Billing; payment. Bills for water service shall be rendered promptly following the determination of
usage and shall be due and payable at the city cashier's office at city hall no later than 20 days from
the date of billing. Billing on each account shall occur monthly. Bills shall state the separate charge
for water service, the charge for sewer service and the total thereof. Bills shall be declared
delinquent if not paid within 25 days following the date of billing.
(b) Delinquency; notification. Water service may be discontinued whenever the total billing for water
service, sewer service, and sanitation service (if included in the utility billing) is not paid in full and
received at the city cashier's office on the due date. An exception to this provision is when the
amount is equal to or less than one delinquency fee. If a customer disputes a bill, the customer shall
give notice in writing and request a hearing before the due date of the bill. In such cases where
notice by the customer is received, the designated representative of the city shall notify the customer
of the date and time of the hearing during normal working hours. If a customer who has disputed a
bill does not appear for the hearing, termination of service shall be authorized. The procedure
pursuant to this subsection shall not be required when there is unauthorized use of water services.
For purposes of this subsection, it shall be the duty of any user who is other than a customer, or any
customer whose address shall be other than that shown on the application for water service to amend or
file a new application for water service to reflect the name and/or address to which notice pursuant notice
to this subsection should be transmitted.
When any service is discontinued due to delinquency, it shall not be restored until the
delinquent bill is paid in full, including a service charge. A delinquency fee of $15.00 shall be
charged if the bill is not paid within 25 days of the date of billing. A flat fee of $35.00 shall be
charged when service is resumed after normal working hours. The delinquency fee may be waived
by the city manager only in cases when a sworn affidavit is provided by the utility customer that
no billing was received due to circumstances beyond their control. [remove and place on
Schedule of Fees and Fines. Refer to such in this section].
(c) Customer request for termination of service; deposit refunds. The city shall be authorized to require
a deposit following a credit check of an applicant for service. In the event service is terminated at a
customer's request, any balance remaining on a deposit may be refunded to the customer provided
the customer has provided notice to discontinue service and a forwarding address. In the event
services are not paid when due, services will be applied against the deposit and, in the event a
balance remains due thereafter, such balance shall be billed to the customer.
(d) Tiered rate structure. The city is authorized to impose a tiered rate structure based on usage. A
specific tiered structure shall be approved by the mayor and council by resolution and a copy of such
resolution shall be maintained on file in the office of the clerk and in the office of the finance officer of
the city.
(e) Deposit for new accounts. The city will require a deposit on new accounts for water and sewer
services. The deposit amount on new accounts will be $200.00 for residential service and $500.00
for commercial service. For commercial service, the customer may request review after a period of
12 months of billings and, if appropriate, the rate will be reduced to the average billing.
Page 14

(f) Notice of rate adjustments. The city shall provide for notice to affected customers of rate increases
30 days prior to the effective date of any rate change. However, a customer's failure to receive such
notice shall not impair nor delay an increase. The city may choose to give notice in the same manner
in which billing occurs, on the billing itself, or in any other manner determined by the city to be
reasonably effective in notifying customers.
(Code 1983, 6-1-15; Ord. of 1-12-2006(1); Ord. of 7-13-2006(3); Ord. No. 11-2007, 12-20-
2007; Ord. of 4-10-2008(5); Ord. of 10-23-2008(1))
Sec. 70-39. - Payment responsibility of owner/lessor.
Any person owning property either within or without the city which is supplied water by the city shall
be personally and individually responsible for the costs and charges of that water so furnished,
notwithstanding that the property may be leased by the person owning the property to a tenant.
(Code 1970, 2027; Code 1983, 6-1-16)
Sec. 70-40. - Lien against property.
In final resort, the property owners shall be liable for all unpaid bills, charges and penalties due the
city for water service and the amount of money involved shall be a lien against the property.
(Code 1970, 20-28; Code 1983, 6-1-17)
Sec. 70-41. - Damaging, tampering with water fixtures, meter, etc.
It shall be unlawful for any person to injure or to knowingly suffer to be injured, any meter, pipe or
fittings connected with or belonging to the city water plant, or to tamper or meddle with any meter, or
other device or any part of the plant in any manner as to cause loss or to prevent any meter installed from
registering the quantity which otherwise would pass through the same, or to alter the register, or break
the seal of any meter, or in any way to hinder or interfere with the proper action or correct registration of
any meter. The existence of any connection, meter alteration or any device whatsoever, which affects the
diversion of water, without the same being measured or registered by or on a meter installed for that
person, by the city, shall be prima facie evidence of intent to violate and of the violation of this section by
the person using or receiving the direct benefits from the water passing through that connection,
conductor, device or altered meter. Any person violating the provisions of this section shall be subject to
the penalties provided in section 1-8 [of the Code make same change throughout when referring to
section 1-8]
(Code 1983, 6-1-18)
Sec. 70-42. - Shutoff for repairs.
The city shall have the right to shut off the water supply for the purpose of making any additions and
repairs as may be desired or necessary to the water system, and the city shall not be liable to any
customer for any damage resulting from that shutoff.
(Code 1970, 2030; Code 1983, 6-1-19)
Sec. 70-43. - Bill adjustment for water leakage and special circumstances.
Page 15

The city shall have the right to adjust water and sewer bills in the case of water leakage and other
special circumstances such as breaks in the water line. Because of treatment requirements, the
circumstances under which bills might be adjusted are limited. A loss of water must be through or as a
result of an "excusable defect" in the customer's water line or system. An "excusable defect" is one due to
a rupture or leakage caused by weather, settlement, corrosion, wear, or accident. Visible leaks, such as
faucet leaks, leaking toilet, above ground irrigation system components or hose leaks are ineligible. No
credit will be granted for sewer charges on swimming pools, spas, or the like. Credit may also be
determined by using the data from Mosaic leak detection system when available. The adjustment is
limited to a maximum of three consecutive months and must be requested within 90 days of the repair. A
plumbing repair bill or other evidence of repair must accompany a request for billing adjustment. The
amount of adjustment to a water and/or sewer bill will be determined by crediting one-half of the rate
charged to usage in excess of the average bill, and shall be approved by the city manager.
(Code 1983, 6-1-20; Ord. No. 13-2010, 8-26-2010; Ord. No. 23-2010, 1-13-2011)
Sec. 70-44. - Leak inspection charge.
There shall be a $25.00 charge for special inspection requested by customers. [recommend
remove and place on Schedule of Fees and Fines] If the re-read is a result of an error of the initial
meter reading, this charge will not be assessed to the customer. The leak inspection charge will be
assessed except where the leak occurred in city-owned facilities.
(Code 1983, 6-1-21)
Sec. 70-45. - Capital cost recovery fees/water.
(a) There is hereby imposed upon any new applications for subdivisions, commercial or
industrial developments and/or building permits a "Capital Cost Recovery Fee/Water" which
shall be subject to the terms of this section.
(b) A capital cost recovery fee shall be paid to the city at the time of an application for the
granting of a building permit and/or the connection to water facilities of the city, whichever
first occurs.
(c) In addition to the capital cost recovery fee/water established herein, the connection or tap
fee established by other ordinances will be paid and each property owner or developer is
responsible for all cost of installing and maintaining the service connection from a building to
a tap.
(d) The payment of the fee provided for herein shall not be a condition for any developmental
approval by the city and shall solely constitute a condition for access to the public water
supply.
(e) The capital cost recovery fee shall be $2,000.00 for each tap.
(f) The funds generated by the capital cost recovery fee/water shall be deposited into a capital
cost recovery fee/water interest-bearing account to be maintained by the city to offset the
anticipated future cost of alternative water sources and capital conservation improvements.
The city will be exploring the methods of securing additional water sources conserving
existing sources and the sole purpose for the use of these funds and interest generated
thereon shall be the exploration for such sources, the securing and development of such
sources, and the capital cost associated therewith.
(g) On at least an annual basis, the city, through staff and the mayor and council shall re-
evaluate the progress on generating additional sources or alternate sources of potable water
and shall consider adjustments necessary in the capital cost recovery fee/water after taking
into account the then-existing capacity remaining within the city's current permitting capacity
Page 16

and the projected cost of alternative sources and other related factors, including, but not
limited to, permitting capacity and impact of new technologies. [Recommend review policy
and process]
(Ord. of 1-26-2006(1), 17)
Sec. 70-46. - Restrictions on outdoor landscape watering.
(a) Restriction on outdoor water of landscape. Outdoor watering for purposes of planting, growing,
managing, or maintaining ground cover, trees, shrubs, or other plants in the incorporated area may
occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation
shall not create any limitation upon the following outdoor water uses:
(1) Commercial agricultural operation as defined in O.C.G.A. 1-3-3;
(2) Capture and reuse of cooling system condensate or storm water in compliance with applicable
ordinances and state guidelines;
(3) Reuse of gray water in compliance with O.C.G.A. 31-3-5.2 and applicable local board of
health regulations;
(4) Use of reclaimed waste water by a designated user from a system permitted by the
Environmental Protection Division of the Georgia Department of Natural Resources to provide
reclaimed waste water;
(5) Watering personal food gardens;
(6) Watering new and replanted plant, seed, or turf in landscapes, or sports turf fields during
installation and for a period of 30 days immediately following the date of installation;
(7) Drip irrigation or irrigation using soaker hoses;
(8) Hand watering with a hose with automatic cutoff or handheld container;
(9) Use of water withdrawn from private water wells or surface water by an owner or operator of
property if such well or surface water is on said property;
(10) Watering horticultural crops held for sale, resale, or installation;
(11) Watering athletic fields or public turf grass recreational areas;
(12) Installation, maintenance, or calibration of irrigation systems; or
(13) Hydroseeding.
(b) Enforcement.
(1) No person shall use or allow the use of water in violation of the restrictions on outdoor water
use contained in this section.
(2) The city building official shall be the enforcement authority for this ordinance. The city manager
may also authorize other departments as may be deemed necessary to support enforcement.
(3) Criminal and alternative penalties. Any violation of this section may also be enforced by a
citation or accusation returnable to the municipal court or by any other legal means as set forth
in this Code.
(Ord. No. 31-2010, 12-9-2010)
ARTICLE III. - SEWER COLLECTION AND DISPOSAL
Page 17

BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius
expressed in milligrams per liter.
Building drain means that part of the lowest horizontal piping of a drainage system which receives
the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to
the building five feet outside the inner face of the building wall.
Building sewer means the extension from the building drain to the public sewer or other place of
disposal.
Garbage means solid wastes from the preparation, cooking and disposing of food and from the
handling, storage and sale of produce.
Industrial wastes means the liquid wastes from industrial processes as distinct from sanitary sewage.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or body of surface water or
groundwater.
Person means any individual, firm, company, association, society, corporation or group.
pH means the logarithm of the reciprocal of the hydrogen concentration in moles per liter.
Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food
that have been shredded to such degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Public sewer means a sewer in which all owners of abutting properties have equal rights and which
is controlled by public authority.
Sanitary sewer means a sewer which carries sewage to which stormwaters, surface waters and
groundwaters are not intentionally admitted.
Sewage means a combination of the water-carried wastes from residences, business buildings,
institutions and industrial establishments, together with any groundwaters, surface waters and
stormwaters as may be present.
Sewage treatment plant means any arrangement of devices and structures or lagoons used for
treating sewage presently owned or afterward acquired by the city.
Sewer means a pipe or conduit for carrying sewage.
Sewerage works means all facilities for collecting, pumping, treating and disposing of sewage.
Storm sewer and storm drain mean a sewer which carries stormwaters and surface waters and
drainage, but excludes sewage and polluted industrial wastes.
Superintendent [recommend changing to Director throughout this Section] means the director
or manager of the sewerage works of the city or its authorized deputy, agent or representative.
Suspended solids means solids that either float on the surface of, or are in suspension in, water,
sewerage or other liquids; and which are removable by laboratory filtering.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Code 1970, 2041; Code 1983, 6-2-1)
Page 18

Sec. 70-73. - Use of public sewers required.
(a) It shall be a violation of this article for any person to place, deposit or permit to be deposited in an
unsanitary manner upon public or private property within the city in any area under the jurisdiction of
the city, any human or animal excrement, garbage and other objectionable wastes.
(b) It shall be a violation of this article to discharge to any natural outlet within the city, or in any area
under the jurisdiction of the city, any sanitary sewage, industrial wastes or other polluted waters,
except where suitable treatment has been provided in accordance with subsequent provisions of this
article.
(c) Except as hereinafter provided, it shall be a violation of this article to construct or maintain any privy,
privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(d) The owner of all houses, buildings or properties used for human occupancy, employment,
recreation or other purposes within the corporate limits of the city and located within 250 feet of a line
of public sanitary sewer, now in existence or hereafter constructed, to which that house, building or
property may be connected so that sewage will flow therefrom and into the sewer line by gravity, is
required, at his own expense, to install suitable toilet facilities therein and to connect those facilities
directly with the line of public sanitary sewer in accordance with the provisions of this article within 60
days after the date of official notice so to do.
(Code 1970, 2042; Code 1983, 6-2-2)
Sec. 70-74. - Private sewage disposal system.
(a) Where permitted. Where a public sanitary sewer is not available under the provisions of section 70-
73(d), the building sewer shall be connected to a private sewage disposal system complying with the
provisions of this article.
(b) Permit required; application; fee. Before commencement of construction of a private sewage
disposal system, the owner shall first obtain a written permit signed by the superintendent. The
application for this permit shall be made on a form furnished by the city, which the applicant shall
supplement by any plans, specifications and other information as are deemed necessary by the
superintendent. A permit and inspection fee of $50.00 shall be paid to the city at the time application
is filed.
(c) Inspections; approval by superintendent.[Director] A permit for a private sewage disposal system
shall not become effective until the installation is completed to the satisfaction of the
superintendent.[Director] He shall be allowed to inspect the work at any stage of construction, and,
in any event, the applicant for the permit shall notify the superintendent when the work is ready for
final inspection and before any underground portions are covered. The inspection shall be made
within 48 hours of the receipt of notice by the superintendent. [Director]
(d) Specifications. The type, capacities, location and layout of a private sewage disposal system shall
comply with all recommendations of the department of natural resources, environmental protection
division of the state. No permit shall be issued for any sewage disposal system employing
subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No
septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
(e) Connection with public sewer. At any time as a public sewer becomes available to a property served
by a private sewage disposal system, as provided in subsection 70-73(d), a direct connection shall
be made to the public sewer in compliance with this article, and any septic tanks, cesspools and
similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(f) Operation/maintenance at owner's expense. The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all times at no expense to the city.
Page 19

(g) Requirements imposed by health officer. No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed by the health officer. Building
official
(Code 1970, 2043; Code 1983, 6-2-3)
Sec. 70-75. - Building sewers and connections.
(a) Permit required prior to use. No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a
written permit from the superintendent.
(b) Costs. All cost and expense incident to the connection of the building sewer from the owner's
building to the public sewer shall be borne by the owner. Any connection from the owner's property
into the public sewer shall be made by the owner, and inspected by a designated employee of the
sewer department, and no connection into the public sewer shall be covered until approval of the
superintendent of the department is granted. The owner shall pay the city a standard sewer tap fee
for each tap into the public sewer.
(c) Separate sewers required; exception. A separate and independent building sewer shall be provided
for every building, except where one building stands at the rear of another on an interior lot and no
private sewer is available or can be constructed to the rear building through an adjoining alley, court,
yard or driveway, then the building sewer from the front building may be extended to the rear
building and the whole considered as one building sewer. In multi-unit developments exceeding one
unit, which are to be sold as individual dwelling units, a separate and independent building sewer
shall be provided for each unit.
(d) Old sewers. Old building sewers may be used in connection with new buildings when they are
found, on examination and test by the superintendent to meet all requirements of this article.
(e) General specifications. The building sewer shall be cast-iron pipe, ASTM Specification A-74; ASTM
Specification C-13; or polyvinyl chloride with integral wall bell and spigot joints with a rubber ring
gasket. Pipe and fittings shall conform to ASTM D-3034. Joints shall be tight and waterproof. Any
part of the building sewer that is located within ten feet of a water service shall be constructed of
cast-iron soil pipe with leaded joints. Cast-iron pipe may be required by the superintendent where the
building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the
building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid
on suitable concrete bed or cradle as approved by the superintendent.
(f) Size, slope of sewer. The size and slope of the building sewer shall be subject to the approval of the
superintendent, but in no event shall the diameter be less than four inches. The slope of that four-
inch pipe shall not be less than one-eighths-inch per foot.
(g) Elevation; location, etc. Whenever possible the building sewer shall be brought to the building at an
elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of
any bearing wall which might thereby be weakened. The building sewer shall be laid at uniform
grade and in straight alignment insofar as possible. Changes in direction shall be made only with
properly curved pipes and fittings.
(h) Lift stations. In all buildings in which any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by that drain shall be lifted by approved artificial means, which shall
be maintained by the owner of the building, and discharged to the sewer.
(i) Excavations. All excavations required for the installation of a building sewer shall be open trench
work unless otherwise approved by the superintendent. Pipe laying and backfill shall be performed in
accordance with ASTM Specification C-12, except that no backfill shall be placed until the work has
been inspected.
(j) Joints, connections.
Page 20

(1) All joints and connections shall be made gastight and watertight.
(2) Rubber joint cast-iron pipe may be used as an alternate.
(3) Other jointing materials and methods may be used only by approval of the superintendent.
(k) Connection with public sewer. The connection of the building sewer into the public sewer shall be
made at the Y branch, if that branch is available at a suitable location. If the public sewer is 12
inches in diameter or less and no properly located Y branch is available, a Y branch shall be installed
by the owner in the public sewer at the location specified by the superintendent. Where the public
sewer is greater than 12 inches in diameter, and no properly located Y is available, a neat hole may
be cut into the public sewer to receive the building sewer when used with a flexible saddle and
stainless steel bands to fasten to the main sewer, and concrete shall not be used. Special fittings
may be used for the connection only when approved by the superintendent.
(l) Inspector to be notified. The applicant for the building sewer permit shall notify the superintendent
when the building sewer is ready for inspection and connection to the public sewer.
(m) Excavation to be guarded; public property to be restored. All excavations for building sewer
installation shall be adequately guarded with barricades and lights to protect the public from hazard.
Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the city.
(Code 1970, 20-44; Code 1983, 6-2-4)
Sec. 70-76. - Use of the public sewer.
(a) Generally. No person shall cause harm to any part of the city's water or sewer system, nor
discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff,
subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer nor
shall any person discharge or cause to be discharged to any sanitary sewer any other prohibited
discharges. When such discharges do occur, the person responsible shall be charged for the
expenditures made by the city as a result thereof, plus shall be subject to section 1-8 [of the Code.]
(b) Unpolluted drainage. Stormwater and all other unpolluted drainage shall be discharged to those
sewers as are specifically designated as storm sewers or to a natural outlet approved by the
superintendent. Industrial cooling water or unpolluted process waters may be discharged, upon
approval of the superintendent, to a storm sewer or natural outlet.
(c) Prohibited discharges. Except as hereinafter provided, no person shall discharge or cause to be
discharged any of the following described waters or wastes to any public sewer:
(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
(2) Any waters or wastes which may contain more than 100 milligrams per liter of fat, oil or
greases.
(3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(4) Any garbage that has not been properly shredded.
(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure or any other solid or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operation of the sewerage works. This
provision also includes ground or shredded paper products.
(6) Any waters or wastes having a pH lower than 5.5 or higher than nine, or having any other
corrosive property capable of causing damage or hazard to structures, equipment and
personnel of the sewerage works.
Page 21

(7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure
or interfere with any sewage treatment process, constitute a hazard to humans or animals or
create any hazard in the receiving waters of the sewage treatment plant.
(8) Any waters or wastes containing suspended solids of any characters and quantity that unusual
attention or expense is required to handle those materials at the sewage treatment plant.
(9) Any noxious or malodorous gas or substance capable of creating a public nuisance, including
hydrogen sulfide, nitrous oxide and sulfur dioxide which should be limited to one mg/l or high
concentrations of chlorine.
(d) Interceptors.
(1) Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent,
they are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand and other harmful ingredients; except that those
interceptors shall not be required for private living quarters or dwelling units. All interceptors
shall be of a type and capacity approved by the superintendent and shall be located to be
readily and easily accessible for cleaning and inspection.
(2) Grease and oil interceptors shall be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight and equipped with easily removable covers which, when bolted in place,
shall be gastight and watertight.
(e) Maintenance of interceptors. When installed, all grease, oil and sand interceptors shall be
maintained by the owner, at his expense, in continuously efficient operation at all times.
(f) Review; approval of certain discharges by superintendent.
(1) The superintendent must grant prior approval before the admission into the public sewers of
any waters or wastes having the following characteristics:
a. A five-day biochemical oxygen demand greater than 300 milligrams per liter;
b. Containing more than 350 milligrams per liter of suspended solids;
c. Containing any quantity or substance having the characteristics described in subsection
(f)(1)a. or b. of this section; or
d. Having an average daily flow greater than two percent of the average daily sewage flow of
the city, shall be subject to the review and approval of the superintendent.
(2) Where necessary, in the opinion of the superintendent, the owner shall provide, at his expense,
any preliminary treatment as may be necessary to:
a. Reduce the biochemical oxygen demand to 300 milligrams per liter and the suspended
solids to 350 milligrams per liter;
b. Reduce objectionable characteristics or constituents to within the maximum limits provided
for in subsection (c) of this section; or
c. Control the quantities and rates of discharge of any waters or wastes.
(3) Plans, specifications and any other pertinent information relating to proposed preliminary
treatment facilities shall be submitted for the approval of the superintendent and no construction
of any facilities shall be commenced until this approval is obtained in writing.
(g) Maintenance of preliminary treatment facilities. Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in satisfactory and effective
operation by the owner at his expense.
(h) Manholes. When required by the superintendent, the owner of any property served by a building
sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. This manhole, when required, shall
Page 22

be accessibly and safely located and shall be constructed in accordance with plans approved by the
superintendent.
(i) Tests, analyses, etc.; where samples are taken. All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in subsections (c) and (f) of this
section shall be determined in accordance with Standard Methods for the Examination of Water and
Sewerage, and shall be determined at the control manhole provided in subsection (h) of this section
or upon suitable samples taken at the control manhole. In the event that no special manhole has
been required, the control manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
(j) Special agreements. No statement contained in this section shall be construed as preventing any
special agreement or arrangement between the city and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by the city for treatment, subject to payment
therefor by the industrial concern.
(Code 1970, 20-45; Code 1983, 6-2-5)
Sec. 70-77. - Protection of sewerage system from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is a part of the municipal
sewerage works.
(Code 1970, 20-46; Code 1983, 6-2-6)
Sec. 70-78. - Power and authority of inspectors.
The superintendent and other duly authorized employees of the city bearing proper credentials and
identification shall be permitted to enter upon all properties for the purpose of inspection, observation,
measurement, sampling and testing, in accordance with the provisions of this article.
(Code 1970, 20-47; Code 1983, 6-2-7)
Sec. 70-79. - Sewer service bills.
Bills for sewer service shall be administered as per section 70-38 and section 70-106.
(Code 1983, 6-2-8)
Sec. 70-80. - Penalties.
(a) Any person found to be violating any provision of this article, except section 70-77, shall be served
by the city with written notice stating the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within the period of time stated in this
notice, permanently cease all violations.
(b) Any person who shall violate the provisions of section 70-77 or who shall continue any violation
hereof beyond the time limit provided for in section 70-73 or who shall continue any other violation
beyond the time limit provided for in this section shall be subject to the penalties provided in section
1-8 [of the Code].
(c) Any person who shall violate the provisions of section 70-76 shall be charged for the expenditures
made by the city as a result thereof, plus be subject to section 1-8 [of the Code].
Page 23

(Code 1970, 20-50; Code 1983, 6-2-9)
[Recommend removing and placing on Schedule of Fees and Fines]
Sec. 70-81. - Industrial waste; treatment charges; payment. [Formula should be reviewed doesnt
make sense as written]
(a) For industries desiring to use the wastewater treatment plant, an agreement shall be
executed for payment on behalf of the participating industry for its pro rata share of the cost.
These costs shall include the cost of building the plant, including debt service, as well as the
operational and maintenance cost on a regular basis. The general formula for establishing
charges for treating of industrial wastes is computed as follows:
Ci = v Vi + b Bi + s Si
o o o
Where:
Ci = Charge to industrial users, dollars per year.
v = Average unit cost of transport and treatment.
o = chargeable to volume, dollars per gallon.
b = Average unit cost of treatment, chargeable to BOD.
o = dollars per pound.
s = Average unit cost of treatment, (including sludge o treatment) chargeable to SS

(suspended solids), dollars per pound.
Vi = volume of wastewater from industrial users, gallons per year.
Bi = Weight of BOD from industrial users, pounds per year.
Si = Weight of SS from industrial users, gallons per year.
(b) The formula as set forth deals with annual amounts based on information as supplied from
bid data, industrial estimates, etc., for the purpose of maintaining a cash flow to cover cost of
operation. The estimate is to be made in 12 equal installments, based on the figures of the
preceding year as adjusted. This is to allow for increases in operational and maintenance
cost.
(c) In the event future industries are allowed, all rules and regulations of 40 CFR 128 must be
complied with.
(Code 1970, 20-54; Code 1983, 6-2-10)
Page 24

ARTICLE IV. - WATER AND SEWER RATES
Sec. 70-106. - Water and sewerage charges; irrigation systems.
(a) From and after the effective date of the ordinance from which this article is derived there shall be
established a water-sewer service charge for each connection to the water-sewerage system of the
city both inside and outside the city limits, and each water-sewer service customer shall pay the
appropriate water-sewer charge established by the city council and on file with the city clerk.
(b) The rates for all water-sewer service customers shall have a minimum base charge and said
minimum base charge shall be considered a set standard or readiness to serve charge and will be
charged whether the premises are occupied or not. In cases of abandoned or unoccupied houses,
the readiness to serve charge will continue until the meter is removed by the city, at which time the
charge will be discontinued.
(c) The rate charges for water-sewer service shall be determined by the amount of water used and
these charges shall be on file with the city clerk.
(d) The standby minimum base charge and the usage rate charges shall be increased annually
commencing with calendar year 2005 in accordance with any increase of the Consumer Price Index
For All Urban Consumers published by the Bureau of Labor Statistics of the United States
Department of Labor from the base year of 2004 to the then current year.
(e) Irrigation systems water rates on irrigation meters (those not connected to the city wastewater
treatment plant system) shall be on file with the city clerk.
(f) This section has application to water used by irrigation systems which are on an independent meter
not connected to water entering the city's wastewater treatment plant system.
(g) In the event the owner or occupier of a property establishes that the property is not suitable for a
shallow well, the city will repurchase any previously installed irrigation meter.
(h) All irrigation systems shall be equipped with rain sensors.
(Code 1983, 6-3-1)
Sec. 70-107. - Water-sewer billing, collection and penalties.
The procedures and methods for billing, collection of the water-sewer charges established in section
70-106, and the penalties for delinquent and nonpayment of these charges shall be in accordance with
and as set out in sections 70-3870-40 and sections 70-79 and 70-80.
(Code 1983, 6-3-2)
Sec. 70-108. - Transfer/administrative fee.
There is imposed a transfer/administrative fee of $35.00 for water and sewer accounts when service
is transferred from one account into the account of another or into a new account name.
(Code 1983, 6-3-3)
Sec. 70-109. - Senior citizen base charge.
Page 25

Notwithstanding any other provisions hereof, the stand-by minimum base charge for any citizen of
the city that qualifies for the ad valorem homestead exemption provided by section 58-30 shall be entitled
to a 50 percent reduction in the minimum base charge.
(Code 1983, 6-3-4)
Secs. 70-11070-130. - Reserved.
ARTICLE V. - IDENTITY THEFT PREVENTION PROGRAM
[Review this Article for appropriate placement within the Code. Is it here because all residents have
an account with the City for water & sewer? Should it be placed elsewhere to cover other types of
accounts residents may have with the City? Also recommend review of policy and procedures to make
sure adherence and current.]
This article shall be known as the Identity Theft Prevention Program.
(Ord. of 10-23-2008(2), I)
The purpose of this article is to comply with 16 CFR 681.2 in order to detect, prevent and
mitigate identity theft by identifying and detecting identity theft red flags and by responding to
such red flags in a manner that will prevent identity theft.
(Ord. of 10-23-2008(2), I)
For purposes of this article, the following definitions apply:

City means the City of Tybee Island.
Covered account means (i) an account that a financial institution or creditor offers or
maintains, primarily for personal, family, or household purposes, that involves or is designed to
permit multiple payments or transactions, such as a credit card account, mortgage loan,
automobile loan, margin account, cell phone account, utility account, checking account, or
savings account; and (ii) any other account that the financial institution or creditor offers or
maintains for which there is a reasonably foreseeable risk to customers or to the safety and
soundness of the financial institution or creditor from identity theft, including financial,
operational, compliance, reputation, or litigation risks.
Credit means the right granted by a creditor to a debtor to defer payment of debt or to incur
debts and defer its payment or to purchase property or services and defer payment therefore.
Creditor means any person who regularly extends, renews, or continues credit; any person
who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an
original creditor who participates in the decision to extend, renew, or continue credit and includes
utility companies and telecommunications companies.
Customer means a person that has a covered account with a creditor.
Page 26

Identity theft means a fraud committed or attempted using identifying information of another
person without authority.
Person means a natural person, a corporation, government or governmental subdivision or
agency, trust, estate, partnership, cooperative, or association.
Personal identifying information means a person's credit card account information, debit card
information bank account information and drivers' license information and for a natural person
includes their social security number, mother's birth name, and date of birth.
Red flag means a pattern, practice, or specific activity that indicates the possible existence of
identity theft.
Service provider means a person that provides a service directly to the city.
(Ord. of 10-23-2008(2), I)
Sec. 70-134. - Findings.
(a) The city is a creditor pursuant to 16 CFR 681.2 due to its provision or maintenance of
covered accounts for which payment is made in arrears.
(b) Covered accounts offered to customers for the provision of city services include water,
sewer, and waste management.
(c) The city's previous experience with identity theft related to covered accounts is as follows:
None known.
(d) The processes of opening a new covered account, restoring an existing covered account,
making payments on such accounts, have been identified as potential processes in which
identity theft could occur.
(e) The city limits access to personal identifying information to those employees responsible for
or otherwise involved in opening or restoring covered accounts or accepting payment for use
of covered accounts. Information provided to such employees is entered directly into the
city's computer system and is not otherwise recorded.
(f) The city determines that there is a moderate risk of identity theft occurring in the following
ways, if any:
(1) Use by an applicant of another person's personal identifying information to establish a
new covered account;
(2) Use of a previous customer's personal identifying information by another person in an
effort to have service restored in the previous customer's name;
(3) Use of another person's credit card, bank account, or other method of payment by a
customer to pay such customer's covered account or accounts; and
(4) Use by a customer desiring to restore such customer's covered account of another
person's credit card, bank account, or other method of payment.
(Ord. of 10-23-2008(2), I)
Sec. 70-135. - Process of establishing a covered account.
(a) As a precondition to opening a covered account in the city, each applicant shall provide the
city with personal identifying information of the customer consisting of a valid government
issued identification card containing a photograph of the customer, or for commercial
accounts or non-natural persons, a photograph of the customer's agent opening the account.
Page 27

Such applicant shall also provide any information necessary for the department providing the
service for which the covered account is created to access the applicant's consumer credit
report. Such information shall be entered directly into the city's computer system and shall
not otherwise be recorded.
(b) Each account shall be assigned an account number and personal identification number (PIN)
which shall be unique to that account. The city may utilize computer software to randomly
generate assigned PINs and to encrypt account numbers and PINs.
(Ord. of 10-23-2008(2), I)
Sec. 70-136. - Access to covered account information.
(a) Access to customer accounts shall be password protected and shall be limited to authorized
city personnel.
(b) Such password(s) shall be changed by the director of the department providing the service
or the finance department, as appropriate, or his/her designee on a regular basis, shall be at
least eight characters in length and shall contain letters, numbers and symbols.
(c) Any unauthorized access to or other breach of customer accounts is to be reported
immediately to the city manager and the password changed immediately.
(d) Personal identifying information included in customer accounts is considered confidential
and any request or demand for such information shall be immediately forwarded to the city
manager and the city attorney.
(Ord. of 10-23-2008(2), I)
Sec. 70-137. - Credit card payments.
(a) In the event that credit card payments that are made over the Internet are processed through
a third party service provider, such third party service provider shall certify that it has an
adequate identity theft prevention program in place that is applicable to such payments.
(b) All credit card payments made over the telephone or the city's website shall be entered
directly into the customer's account information in the computer data base.
(c) Account statements and receipts for covered accounts shall include only the last four digits
of the credit or debit card or the bank account used for payment of the covered account.
(Ord. of 10-23-2008(2), I)
Sec. 70-138. - Sources and types of red flags.
All employees responsible for or involved in the process of opening a covered account,
restoring a covered account or accepting payment for a covered account shall check for red flags
as indicators of possible identity theft and such red flags may include:
(1) Alerts from consumer reporting agencies, fraud detection agencies or service providers.
Examples of alerts include but are not limited to:
a. A fraud or active duty alert that is included with a consumer report;
b. A notice of credit freeze in response to a request for a consumer report;
c. A notice of address discrepancy provided by a consumer reporting agency;
Page 28

d. Indications of a pattern of activity in a consumer report that is inconsistent with the

history and usual pattern of activity of an applicant or customer, such as:
1. A recent and significant increase in the volume of inquiries;
2. An unusual number of recently established credit relationships;
3. A material change in the use of credit, especially with respect to recently
established credit relationships; or
4. An account that was closed for cause or identified for abuse of account
privileges by a financial institution or creditor.
(2) Suspicious documents. Examples of suspicious documents include:
a. Documents provided for identification that appear to be altered or forged;
b. Identification on which the photograph or physical description is inconsistent with
the appearance of the applicant or customer;
c. Identification on which the information is inconsistent with information provided by
the applicant or customer;
d. Identification on which the information is inconsistent with readily accessible
information that is on file with the financial institution or creditor, such as a
signature card or a recent check; or
e. An application that appears to have been altered or forged, or appears to have been
destroyed and reassembled.
(3) Suspicious personal identification, such as suspicious address change. Examples of
suspicious identifying information include:
a. Personal identifying information that is inconsistent with external information
sources used by the financial institution or creditor. For example:
1. The address does not match any address in the consumer report; or
2. The Social Security Number (SSN) has not been issued, or is listed on the
Social Security Administration's Death Master File.
b. Personal identifying information provided by the customer is not consistent with
other personal identifying information provided by the customer, such as a lack of
correlation between the SSN range and date of birth.
c. Personal identifying information or a phone number or address, is associated with
known fraudulent applications or activities as indicated by internal or third-party
sources used by the financial institution or creditor.
d. Other information provided, such as fictitious mailing address, mail drop addresses,
jail addresses, invalid phone numbers, pager numbers or answering services, is
associated with fraudulent activity.
e. The SSN provided is the same as that submitted by other applicants or customers.
f. The address or telephone number provided is the same as or similar to the account
number or telephone number submitted by an unusually large number of applicants
or customers.
g. The applicant or customer fails to provide all required personal identifying
information on an application or in response to notification that the application is
incomplete.
h. Personal identifying information is not consistent with personal identifying
information that is on file with the financial institution or creditor.
Page 29

i. The applicant or customer cannot provide authenticating information beyond that

which generally would be available from a wallet or consumer report.
(4) Unusual use of or suspicious activity relating to a covered account. Examples of
suspicious activity include:
a. Shortly following the notice of a change of address for an account, city receives a
request for the addition of authorized users on the account.
b. A new revolving credit account is used in a manner commonly associated with
known patterns of fraud patterns. For example:
1. The customer fails to make the first payment or makes an initial payment but no
subsequent payments.
c. An account is used in a manner that is not consistent with established patterns of
activity on the account. There is, for example:
1. Nonpayment when there is no history of late or missed payments;
2. A material change in purchasing or spending patterns.
d. An account that has been inactive for a long period of time is used (taking into
consideration the type of account, the expected pattern of usage and other relevant
factors).
e. Mail sent to the customer is returned repeatedly as undeliverable although
transactions continue to be conducted in connection with the customer's account.
f. The city is notified that the customer is not receiving paper account statements.
g. The city is notified of unauthorized charges or transactions in connection with a
customer's account.
h. The city is notified by a customer, law enforcement or another person that it has
opened a fraudulent account for a person engaged in identity theft.
(5) Notice from customers, law enforcement, victims or other reliable sources regarding
possible identity theft or phishing relating to covered accounts.
(Ord. of 10-23-2008(2), I)
Sec. 70-139. - Prevention and mitigation of identity theft.
(a) In the event that any city employee responsible for or involved in restoring an existing
covered account or accepting payment for a covered account becomes aware of red flags
indicating possible identity theft with respect to existing covered accounts, such employee
shall use his or her discretion to determine whether such red flag or combination of red flags
suggests a threat of identity theft. If, in his or her discretion, such employee determines that
identity theft or attempted identity theft is likely or probable, such employee shall
immediately report such red flags to his/her superior. If, in his or her discretion, such
employee deems that identity theft is unlikely or that reliable information is available to
reconcile red flags, the employee shall convey this information to his/her superior, who may
in his or her discretion determine that no further action is necessary. If the superior in his or
her discretion determines that further action is necessary, a city employee shall perform one
or more of the following responses, as determined to be appropriate by him/her:
(1) Contact the customer;
(2) Make the following changes to the account if, after contacting the customer, it is
apparent that someone other than the customer has accessed the customer's covered
account:
Page 30

a. Change any account numbers, passwords, security codes, or other security devices
that permit access to an account; or
b. Close the account;
(3) Cease attempts to collect additional charges from the customer and decline to sell the
customer's account to a debt collector in the event that the customer's account has been
accessed without authorization and such access has caused additional charges to
accrue;
(4) Notify a debt collector within 24 hours of the discovery of likely or probable identity theft
relating to a customer account that has been sold to such debt collector in the event that
a customer's account has been sold to a debt collector prior to the discovery of the
likelihood or probability of identity theft relating to such account;
(5) Notify law enforcement, in the event that someone other than the customer has
accessed the customer's account causing additional charges to accrue or accessing
personal identifying information; or
(6) Take other appropriate action to prevent or mitigate identity theft.
(b) In the event that any city employee responsible for or involved in opening a new covered
account becomes aware of red flags indicating possible identity theft with respect an
application for a new account, such employee shall use his or her discretion to determine
whether such red flag or combination of red flags suggests a threat of identity theft. If, in his
or her discretion, such employee determines that identity theft or attempted identity theft is
likely or probable, such employee shall immediately report such red flags to his/her superior.
If, in his or her discretion, such employee deems that identity theft is unlikely or that reliable
information is available to reconcile red flags, the employee shall convey this information to
his/her superior, who may in his or her discretion determine that no further action is
necessary. If the superior determines that further action is necessary, a city employee shall
perform one or more of the following responses, as determined to be appropriate by the
superior:
(1) Request additional identifying information from the applicant;
(2) Deny the application for the new account;
(3) Notify law enforcement of possible identity theft; or
(4) Take other appropriate action to prevent or mitigate identity theft.
(Ord. of 10-23-2008(2), I)
Sec. 70-140. - Updating the program.
The city council shall annually review and, as deemed necessary by the council, update the
Identity Theft Prevention Program along with any relevant red flags in order to reflect changes in
risks to customers or to the safety and soundness of the city and its covered accounts from
identity theft. In so doing, the city council shall consider the following factors and exercise its
discretion in amending the program:
(1) The city's experiences with identity theft;
(2) Updates in methods of identity theft;
(3) Updates in customary methods used to detect, prevent, and mitigate identity theft;
(4) Updates in the types of accounts that the city offers or maintains; and
(5) Updates in service provider arrangements.
Page 31

(Ord. of 10-23-2008(2), I)
Sec. 70-141. - Program administration.
The city manager is responsible for oversight of the program and for program
implementation. The city manager is responsible for reviewing reports prepared by staff regarding
compliance with red flag requirements and with recommending material changes to the program,
as necessary in the opinion of the city manager, to address changing identity theft risks and to
identify new or discontinued types of covered accounts. Any recommended material changes to
the program shall be submitted to the city council for consideration by the council.
(1) The head finance officer will report to the city manager at least annually, on compliance
with the red flag requirements. The report will address material matters related to the
program and evaluate issues such as:
a. The effectiveness of the policies and procedures of city in addressing the risk of
identity theft in connection with the opening of covered accounts and with respect
to existing covered accounts;
b. Service provider arrangements;
c. Significant incidents involving identity theft and management's response; and
d. Recommendations for material changes to the program.
(2) The city manager is responsible for providing training to all employees responsible for
or involved in opening a new covered account, restoring an existing covered account or
accepting payment for a covered account with respect to the implementation and
requirements of the Identity Theft Prevention Program. The city manager shall exercise
his or her discretion in determining the amount and substance of training necessary.
(Ord. of 10-23-2008(2), I)
Sec. 70-142. - Outside service providers.
In the event that the city engages a service provider to perform an activity in connection with
one or more covered accounts the city manager shall exercise his or her discretion in reviewing
such arrangements in order to ensure, to the best of his or her ability, that the service provider's
activities are conducted in accordance with policies and procedures, agreed upon by contract,
that are designed to detect any red flags that may arise in the performance of the service
provider's activities and take appropriate steps to prevent or mitigate identity theft.
(Ord. of 10-23-2008(2), I)
Secs. 70-14370-160. - Reserved.
ARTICLE VI. - TREATMENT OF ADDRESS DISCREPANCIES
Treatment of address discrepancies.
(Ord. of 10-23-2008(2), II)
Page 32

Pursuant to 16 CFR 681.1, the purpose of this article is to establish a process by which the
city will be able to form a reasonable belief that a consumer report relates to the consumer about
whom it has requested a consumer credit report when the city has received a notice of address
discrepancy.
(Ord. of 10-23-2008(2), II)
For purposes of this article, the following definitions apply:

Notice of address discrepancy means a notice sent to a user by a consumer reporting agency
pursuant to 15 U.S.C. 1681(c)(h)(1), that informs the user of a substantial difference between the
address for the consumer that the user provided to request the consumer report and the
address(es) in the agency's file for the consumer.
City means City of Tybee Island.
(Ord. of 10-23-2008(2), II)
Sec. 70-164. - Policy.
In the event that the city receives a notice of address discrepancy, the city employee
responsible for verifying consumer addresses for the purpose of providing the municipal service
or account sought by the consumer shall perform one or more of the following activities, as
determined to be appropriate by such employee:
(1) Compare the information in the consumer report with:
a. Information the city obtains and uses to verify a consumer's identity in accordance
with the requirements of the Customer Information Program rules implementing 31
U.S.C. 5318(l);
b. Information the city maintains in its own records, such as applications for service,
change of address notices, other customer account records or tax records; or
c. Information the city obtains from third-party sources that are deemed reliable by the
relevant city employee; or
(2) Verify the information in the consumer report with the consumer.
(Ord. of 10-23-2008(2), II)
Sec. 70-165. - Furnishing consumer's address to consumer reporting agency.
(a) In the event that the city reasonably confirms that an address provided by a consumer to the
city is accurate, the city is required to provide such address to the consumer reporting
agency from which the city received a notice of address discrepancy with respect to such
consumer. This information is required to be provided to the consumer reporting agency
when:
(1) The city is able to form a reasonable belief that the consumer report relates to the
consumer about whom the city requested the report;
(2) The city establishes a continuing relation with the consumer; and
Page 33

(3) The city regularly and in the ordinary course of business provides information to the
consumer reporting agency from which it received the notice of address discrepancy.
(b) Such information shall be provided to the consumer reporting agency as part of the
information regularly provided by the city to such agency for the reporting period in which
the city establishes a relationship with the customer.
(Ord. of 10-23-2008(2), II)
Sec. 70-166. - Methods of confirming consumer addresses.
The city employee charged with confirming consumer addresses may, in his or her
discretion, confirm the accuracy of an address through one or more of the following methods:
(1) Verifying the address with the consumer;
(2) Reviewing the city's records to verify the consumer's address;
(3) Verifying the address through third party sources; or
(4) Using other reasonable processes.
(Ord. of 10-23-2008(2), II)
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Municipal

Submi4ed by the Code Review Group:

December 14, 2017

Type 1: Issues of language usage, grammatical errors, and typographical

Type 2: Issues that need to be reviewed by Council. Of these, we identified

Type 2-a: Issues that must be changed to be consistent with changes

Type 2-b: Issues requiring a proposal be brought before Council for

We make the following recommendations:

1. Direct outside legal counsel to review the respective recommendations:

a. Type 1 Clerk can make changes in MuniCode,

4. Review the process for changing and adopting ordinances to establish

Submitted this 14th day of December 2017.

Alan W Robertson, Group Chair, on behalf of the Code Review Group:

2. City Council Updates

5. Recommendations by Code - Redlined

The Code of Tybee Island: Project Plan

Reviewed January 4, 2017

Reviewed January 18, 2017

Reviewed February 1, 2017

Reviewed February 15, 2017

Reviewed March 1, 2017

Reviewed March 21, 2017

Reviewed April 19, 2017

2-b - deliberative issues - issues requiring a proposal be brought before

Reviewed May 17, 2017

Reviewed June 29, 2017

Reviewed July 19, 2017

Reviewed August 16, 2017

Reviewed October 25, 2017

Reviewed November 13, 2017

Chapters regarding general powers, elections, ethics, licenses, personnel,

Chapters regarding Infrastructure:

Chapters regarding Regulation and Prohibition:

Chapters regarding Beaches and Environment:

We have iden0ed three areas we believe merit review:

Issues of language usage and typographical errors

Inconsistencies within and among secCons

Outdated provisions given societal change and technology advancements

Disclaimer - Code of Ordinances This site contains provisions of the

ORDINANCE NO. 2016-13

"ConCnue our scheduled review. We anCcipate compleCon on or

"Working with counsel, verify changes and determine appropriate

"Given the frequency of incidence, we recommend all typographical

At June 9th Council mee0ng we updated you on our ndings:

!Working with counsel, verify changes and make recommenda0ons

Review ndings regarding The Charter with aDorney

!Making good progress:

!Working with counsel to review changes and make recommenda8ons

We met with counsel September 9th Charter and rst 2 Chapters

Chapters 12, 26, 46 49 pages and Council update

Terms not dened throughout this secVon.

Sec 6-2 "B-girl drinking" Outdated Delete

Gambling, prosVtuVon, pimping

Not enforced and common pracVce is employees at

terms not dened and ID not consistently checked.

Sec 6-11(g) musical instruments licensed and registered Delete

Making good progress:

!Council formed the Code Review Group April 14th 20 months

!We have reviewed the enNre Code

Shawn Gillen Jimmy Brown

!Issues of language usage and typographical errors

!Direct outside legal counsel to review the respecNve recommendaNons

!Remove all policies from Code and refer to Policy Statements

!Review the process for changing and adopNng ordinances