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The original item was published from 4/13/2018 2:05:53 PM to 4/23/2018 12:00:00 AM.

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Posted on: April 13, 2018

[ARCHIVED] Ban on Amplified Music and Public Alcohol Consumption

1D - RESOLUTION 


WHEREAS, the City of Tybee Island, Georgia (hereinafter the "City") has adopted a
revised special events ordinance, No. 2017-04-A; and 


WHEREAS, the City possesses police powers under the laws of the State of Georgia and
the City Charter and ordinances; and 


WHEREAS, as amended, Ordinance 2017-04-A, now codified at Tybee Island Code 54-
70, et seq., authorizes the City, through the Mayor and Council, to impose restrictions and to take
appropriate action where an unpermitted special event or assembly is being promoted and where
it appears that those involved in generating the media promotion and entertainment ads for the
unpermitted event are disregarding the City requirements for securing permits and are not taking
appropriate measures to lessen the impact on public safety concerns and the burden on municipal
services, including but not limited to police, parking control, traffic considerations and debris
removal; and 


WHEREAS, the ordinance authorizes the Mayor and Council, to take action 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, Council has previously passed a resolution prohibiting the use of outdoor
amplified music for certain periods of time; however, recent social media promotion has
indicated that an unpermitted event is being promoted for the weekends of April 13-15, 2018 and
April 20-22, 2018 and that such promotions are including references to the outdoor consumption
of and the public consumption of alcoholic beverages being expressly authorized during such
periods raising threats or risks to the public safety, welfare, citizens and property of those
participating in the unpermitted event, visitors and residents of the City; and 


WHEREAS, in addition to the amplified music as prohibited in the Resolution of Council
passed on the 11h day of January, 2018, Council finds that it has now been determined that the
weekends of April 13, 2018 beginning at 12:01 a.m. and continuing until 12:01 am on April 16,
2018 and beginning at 12:01 a.m. on April 20, 2018 and continuing through 12:01 a.m. on April
23, 2018 are being actively promoted for an unpermitted event or events and that, therefore,
immediate action is necessary in order to protect the public safety and welfare of those
participating in the events during such timeframe as well as visitors and residents of the City; and 


WHEREAS, the timing of the event commonly referred to as "Orange Crush" is often
uncertain in that it is frequently promoted at different dates, including promotion by professional
agents or promotors in connection with other events located outside the City and, therefore, there
is a need for authority to be granted to the City Manager to impose the prohibitions described
herein upon written determination of the Manager that the event has been scheduled and is being
promoted which is presently understood to be at times between April 13, 2018 beginning at
12:01 a.m. and continuing until 12:01 am on April 16, 2018 and beginning at 12:01 a.m. on April
20, 2018 and continuing through 12:01 a.m. on April 23, 2018 and, upon such determination by
the Manager with respect to that event or those events, the restrictions stated below may be
implemented by notice by the Manager. 


In this instance and due to the social media promotions and related risk to public safety,
Council directs in this Resolution the restrictions stated hereafter are implemented and adopted
as of the dates and times stated above: 


1. Any unpermitted use of live or recorded musical entertainment involving
amplified music on the beaches, parking lots, streets adjacent to beaches and/or parks
within the City and any public property whatsoever; and 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 sidewalk cafes on the permitted
premises for consumption thereon; including parks, streets, sidewalks, parking lots,
beaches, boardwalks, municipal buildings, ocean waters or rivers adjacent to the beaches
or marshes of the City are prohibited. 


2. The consumption or possession of open containers of alcoholic beverages as
specified above is also prohibited in vehicles of any type including motorized or self-
propelled vehicles, during the times or in the locations specified above. 


IT IS HEREBY RESOLVED that from 12:01 a.m. on April 13, 2018 through 12:01 a.m.
on April 15, 2018, and from 12:01 a.m. on April 20, 2018 and 12:01 a.m. on April 22, 2018, the
public consumption of alcoholic beverages or the possession of open containers of alcoholic
beverages is prohibited in all public areas or on public property in the City excluding permitted
sidewalk cafes on the permitted premises for consumption thereon and is prohibited in all parks,
streets, other sidewalks, parking lots, beaches, boardwalks, municipal buildings and ocean waters
or river waters adjacent to the beaches or marshes of the City. The consumption or possession of
open containers of alcoholic beverages as specified above is also prohibited in vehicles of any
type including motorized or self-propelled vehicles during the times or in the locations specified
above. 


Amplified music is also prohibited as previously resolved and as stated above. 


SO RESOLVED, this the 22nd day of February, 2018.
CITY OF TYBEE ISLAND, GEORGIA
By:
Jason Buelterman, Mayor
ATTEST:
By:
Clerk of Council
Tybee/Resolutions12018/unpermitted event

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