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WHEREAS, the City of Tybee Island, Georgia (hereinafter the “City”) has recently adopted a revised special events ordinance, No. 2017-04-A; and
WHEREAS, as amended, the ordinance authorizes the City, through the Mayor and Council, to impose restrictions and to take appropriate action when an unpermitted event is being promoted and where it appears that those involved in generating the media promotion and entertainment ads for these unpermitted events are disregarding the City requirements for securing permits and are failing to take appropriate measures to lessen the impact on public safety concern and/or to reduce the burden on municipal services including, but not limited to, police, parking control, traffic considerations and debris or litter removal and/or to plan therefor; and
WHEREAS, the ordinance authorizes the Mayor and Council, upon a report to it that an unpermitted event is being promoted, advertised and published on social media and which indicates to the Mayor and Council that there is an immediate risk to the public safety, welfare, citizens and property of those participating in the event, visitors, and the residents of the City; and
WHEREAS, the promotions on social media relating to the weekends of April 14-16 and April 21-23, 2017 include efforts to generate large crowds to participate in entertainment based activities including, but not limited to, the public consumption of alcohol and the providing of amplified music and other related forms of entertainment including, but not limited to, contests amongst attendees and participants; and
WHEREAS, the website https://orangecrush2k17.com in order to encourage persons to come to the Tybee Island beach has stated that “We have tens of thousands of brands, labels, artist, host dancers, models and professionals from all over the country to network and brand” and has invited people to “just bring your own DJ equipment along with a Tent and a Generator and set up shop.” (A copy of this website is attached hereto as Exhibit “A”); and
WHEREAS, orangecrush2k17 has not sought any special event permit for its advertised event; and
WHERAS, Eventbrite has advertised and promoted the events of April 20 – 23, 2017 as “80,000+ people on Beach, Pier & Gazebo, and Strip” (https://www.eventbrite.com/e/orange-crush-2k17-orange-crush-2017-tickets-29125325633826533, attached as Exhibit “B”); and
WHEREAS, Eventbrite has not sought any special event permit for this advertised event; and
WHEREAS, Eventbrite is further advertising on its website, that on Tybee Island “it is legal to openly drink on the beach” and to “BYOB –BYOW” (Bring Your Own Beer – Bring Your Own Whiskey”) (Exhibit “C” hereto); and
WHEREAS, “tens of thousands” or “80,000+ people on Beach, Pier & Gazebo” with the potential of many being under the influence of alcoholic beverages presents an imminent threat to the public safety and welfare of the City of Tybee Island; and
WHEREAS, it is in the best interests of the City of Tybee Island, its residents, citizens and visitors and to the participants in the unpermitted event promoted on the orangecrush2k17 and Eventbrite websites to limit and control the consumption of alcoholic beverages during this
unpermitted event; and
WHEREAS, the City has made efforts to communicate with certain of the promoters of the events to make them aware of the City needs and requirements; and
WHEREAS, the social media descriptions of the anticipated events describe the possible number of participants to attend the events as in excess of the number of individuals the City resources could conceivably provide services for, thus posing a significant risk to participants; and
WHEREAS, the unpermitted events have, on occasion in the past, included unlawful and sometimes violent behavior; and
WHEREAS, in some instances, it appears that tickets are being sold or are represented to be available for participants to the unpermitted event or associated activities; and
WHEREAS, the Mayor and Council of the City of Tybee Island, desiring to protect the public safety and welfare, as well as public and private property within the City, deem and find that appropriate action restricting activities is appropriate during the time period during which the events are being promoted; and
WHEREAS, the Mayor and Council find that immediate action is necessary in order to protect the public welfare and direct that this Resolution be distributed to news media, social media available to the City, and by posting on the City website, and any other means reasonably calculated to provide notice to all the world that this Resolution has been adopted and that the restrictions will be in place;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in open meeting, duly assembled, that beginning at 12:01 a.m. on April 14, 2017 through 2:56 a.m. on April 16, 2017 and beginning at 12:01 a.m. on April 21, 2017 through 2:56 a.m. on April 23, 2017 inclusive, the following restrictions are imposed:
1. Any unpermitted use of live or recorded musical entertainment involving amplified music on the beaches or in the parking lots adjacent to the beaches of the City is prohibited; and.
2. The public consumption of alcoholic beverages or the possession of open containers of alcoholic beverages in all public areas or on all public property in the City, excluding permitted sidewalk cafes on the permitted premises for consumption thereon; including parks, streets, sidewalks, parking lots, beaches, boardwalks, municipal buildings, ocean waters or river waters adjacent to the beaches or marshes of the City.
SO RESOLVED, this the 30th day of March, 2017.
CITY OF TYBEE ISLAND, GEORGIA
Jason Buelterman, Mayor
Clerk of Council
Rev 03.27.17 DFB