ORDINANCE NO.

09-2016
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
RELATING TO SECTION 6-8, CONSUMPTION OF ALCOHOLIC BEVERAGES
IN PUBLIC AREAS
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt
reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of
Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the
Mayor and Council thereof, and
WHEREAS, the consumption of alcoholic beverages is permitted in public areas of the City;
WHEREAS, beach communities are attractive to young people as spring break destinations;
WHEREAS, the City of Tybee, other communities, and the general public recognize that the
consumption of alcohol by spring breakers or other young people and young adults is a factor
contributing to behavior and conduct which causes the City expenses and exposes such persons and others
to health and safety risks;
WHEREAS, other communities throughout the United States have either banned alcohol in
public or limited its consumption in public to certain time periods;
WHEREAS, other communities have prohibited alcohol in public areas during spring break to
curb or eliminate behavior which is potentially harmful to the community and others;
WHEREAS, the City of Tybee empaneled a committee to review options to curb unwanted and
illegal behavior on the beach and in the public areas of the City;
WHEREAS, the committee found that banning of alcohol was an appropriate action to assist in
protecting the public safety and welfare;
WHEREAS, the City of Tybee wishes to balance the needs of the community, and encourage
tourists to enjoy all that the City of Tybee has to offer, while protecting the public from the negative
effects of public consumption by large groups of young people and young adults;

WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and
home rule powers, and
WHEREAS, the City of Tybee Island desires to amend Section 6-8, Consumption of alcoholic
beverages in public areas; and
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island
that Section 6-8 shall be amended so that hereafter it will read as follows:

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, parks, or public beaches of the
city shall be prohibited. Alcoholic beverages may be consumed from a metal can or non-glass
cup with a capacity of 22 fluid ounces or less, in such 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)
Notwithstanding the provisions of this Section, except where alcohol is consumed
on a public sidewalk in the South End Business Overlay District, purchased at the business
adjacent to the public sidewalk in conjunction with a sidewalk caf permit issued by the City,
and said consumption is otherwise within the parameters of said permit, the consumption of
alcoholic beverages in public areas, including in parking lots, sidewalks, walkways, parks, or
public beaches of the city shall be prohibited during the month of April each year.
(c)
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.
SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.

SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed
including specifically the present version of Section 6-8.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.

ADOPTED THIS

DAY OF

, 2016.

______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:

______

SECOND READING:

______

ENACTED:

Tybee/Ordinances/2016/09-2012 consumption of alcohol 03.28.16