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Home My WebLink About2008-11-24-Meeting Agendawww.augustaga.gov Public Service Committee Meeting Committee Room- 11/24/2008- 12:30 PM PUBLIC SERVICES 1. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Article One Section 3-7-29 relating to lewdness and indecent exposure so as to prohibit indecent exposure caused by saggy pants; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. Attachments 2. Motion to approve the lowest bid meeting specifications on Bid Item #08- 134A to Cybex International, Inc. in the amount of $46,624.70. Attachments 3. Consider a request from the Student Government Association at Georgia Military College regarding free bus transportation for students with student identification. Attachments 4. Approve Revised Job Descriptions in the Tax Assessor's Office, Recreation and Utilities Departments. (Referred from November 18 Commission meeting) Attachments Public Service Committee Meeting 11/24/2008 12:30 PM AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE RELATING TO INDECENT EXPOSURE SO AS TO PROHIBIT INDECENT EXPOSURE CAUSED BY SAGGY PANTS Department:Commissioner Corey Johnson Caption:Motion to approve an Ordinance to amend the Augusta-Richmond County Code Article One Section 3-7-29 relating to lewdness and indecent exposure so as to prohibit indecent exposure caused by saggy pants; to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. Background:Augusta-Richmond County desires to protect the morals of the community from lewd behavior in public and gross public indecency which is sufficiently open and notorious as to tend to corrupt the morals of the community. The Honorable Corey Johnson, Commissioner, recommends expanding the protections of the Augusta-Richmond County Code to prohibit indecent exposure caused by excessively saggy or baggy pants. Analysis:This Ordinance would amend Augusta-Richmond-County Code §3-7-29 by striking this section in its entirety and inserting in lieu thereof a new Code §3-7-29 restated as set forth in “Exhibit A” of the ordinance attached hereto. This ordinance more clearly defines prohibited indecent exposure and lewd behavior and provides for appropriate penalties including fines and community service. Financial Impact:No immediate finaicial impact is anticipated. Alternatives:Alternatives include making no changes to the Code at this time or implementing only some of the changes suggested by this ordinance. Recommendation:Approve this ordinance. Funds are Available in the Following Accounts: Not applicable. REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 1 Administrator. Clerk of Commission Cover Memo Item # 1 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE ARTICLE ONE SECTION 3-7-29 RELATING TO LEWDNESS AND INDECENT EXPOSURE SO AS TO PROHIBIT INDECENT EXPOSURE CAUSED BY SAGGY PANTS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County desires to protect the morals of the community from lewd behavior in public and gross public indecency which is sufficiently open and notorious as to tend to corrupt the morals of the community. WHEREAS, based on the foregoing, the Honorable Corey Johnson, Commissioner, recommends expanding the protections of the Augusta-Richmond County Code to prohibit indecent exposure caused by excessively saggy pants. THE AUGUSTA-RICHMOND COUNTY COMMISSION, through the honorable Corey Johnson ordains as follows: SECTION 3-7-29. Augusta-Richmond-County Code §3-7-29 as set forth in the Augusta- Richmond County Code, re adopted July 10, 2007, is hereby amended by striking this section in its entirety and inserting in lieu thereof a new Code §3-7-29 restated as VHWIRUWKLQ³([KLELW$´ hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of November, 2008. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 Page 1 of 4 Item # 1 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2008 and that such Ordinance have not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ Attachment number 1 Page 2 of 4 Item # 1 Exhibit A Section 3-7-29 It shall be unlawful for any person within Augusta-Richmond County, on any street or public place, including hotels, apartment houses and boardinghouses, to engage in any indecent, lewd or immoral act or behavior, or make any indecent exposure of his person, or who shall use obscene, vulgar or profane language. Section 3-7-29 a) It shall be unlawful for any person within Augusta-Richmond County to engage in any indecent exposure in a public place. A person commits the offense of public indecency when he or she performs any of the following acts in a public place: (1) An act of sexual intercourse; (2) Exposure of the sexual organs; (3) An appearance in a state of partial or complete nudity; or (4) A lewd caress or indecent fondling of the body of another person or oneself. b) A person also commits the offense of public indecency by exposure of the buttocks resulting from wearing saggy or baggy pants, shorts or other clothing. c) It shall be unlawful for any person within Augusta-Richmond County, on any street or public place, including hotels, apartment houses and boardinghouses, to use obscene, vulgar or profane language. d) For the purposes of this Code SHFWLRQRQO\³SXEOLFSODFH´VKDOOLQFOXGHMDLOVDQGSHQDO and correctional institutions of the state and its political subdivisions. e) Any violation of sub-sections (b) and (c) hereof shall be cited by the law enforcement officer by the issuance of a citation and summons to appear before a court of proper jurisdiction, and shall not, in and of itself, be grounds for an arrest or for a search of the person cited. f) Every person convicted of having violated sub-section (a) of this Section shall be fined not less Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) for each violation and may be required to complete up to sixteen (16) hours of court approved Community Service for each violation. g) Every person convicted of having violated sub-section (b) or (c) of this Section, except as provided in sub-section (h), shall be fined not less Twenty-Five Dollars ($25.00) and not more than One Hundred Fifty Dollars ($150.00) for each violation and may be required to complete up to eight (8) hours of court approved Community Service for each violation. Attachment number 1 Page 3 of 4 Item # 1 h) Any person, upon their first offense of being found guilty of §3-7-29 (b) or (c), may avoid paying a fine as provided in sub-section (f) by completing two (2) hours of court approved Community Service. i) Any person, upon having been found guilty of violating sub-section (a) of this Section three (3) or more times, shall be fined Five Hundred Dollars ($500.00) for each violation and shall also be required to complete eighteen (18) hours of court approved Community Service for each violation. j) Any person, upon having been found guilty of violating sub-section (b) or (c) of this Section three (3) or more times, shall be fined One Hundred Fifty Dollars ($150.00) for each violation and shall also be required to complete eight (8) hours of approved Community Service for each violation. k) Each instance of having violated any part of this Section shall be deemed a separate punishable offense. l) Any minor under age seventeen (17) who violates the provisions of this Section shall be subject to the jurisdiction of the Juvenile Court of Richmond County. Attachment number 1 Page 4 of 4 Item # 1 Public Service Committee Meeting 11/24/2008 12:30 PM Bid award for fitness equipment Department:Recreation and Parks Caption:Motion to approve the lowest bid meeting specifications on Bid Item #08- 134A to Cybex International, Inc. in the amount of $46,624.70. Background:This equipment is scheduled to be installed at May Park Community Center and Bernie Ward Community Center for the purpose of creating fitness centers at both facilities. This equipment will enable the department to offer fitness memberships, classes and other fee based strength and training programs to enhance revenues at each center. Analysis:Bids were received by Procurement for this equipment, with three vendors submitting quotes. The low bid from ProMaximus, Inc. did not meet specifications on three key components of the bid(see attached), leaving Cybex as the lowest bid meeting specifications. Financial Impact:See attached bid recap sheet. Alternatives:1. To approve 2. To deny, which would prohibit fitness rooms to be offered at May Park and Bernie Ward. Recommendation:#1 - to approve Funds are Available in the Following Accounts: 325061110 208065029: $23,312.35 325061110 206065015: $23,312.35 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 2 Item # 2 Attachment number 1 Page 2 of 2 Item # 2 Attachment number 2 Page 1 of 1 Item # 2 Attachment number 3 Page 1 of 1 Item # 2 Attachment number 4 Page 1 of 3 Item # 2 Attachment number 4 Page 2 of 3 Item # 2 Attachment number 4 Page 3 of 3 Item # 2 Public Service Committee Meeting 11/24/2008 12:30 PM Georgia Military College Department:Clerk of Commission Caption:Consider a request from the Student Government Association at Georgia Military College regarding free bus transportation for students with student identification. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Attachment number 1 Page 1 of 1 Item # 3 Public Service Committee Meeting 11/24/2008 12:30 PM Multi-Department Salary Inequity Corrections Department:Human Resources Caption:Approve Revised Job Descriptions in the Tax Assessor's Office, Recreation and Utilities Departments. (Referred from November 18 Commission meeting) Background:See attached agenda item details. Analysis:See attached agenda item details. Financial Impact:See attached agenda item details. Alternatives:See attached agenda item details. Recommendation:See attached agenda item details. Funds are Available in the Following Accounts: See attached agenda item details. 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