HomeMy WebLinkAbout2021-06-08 Meeting AgendaPublic Service Committee Meeting Commission Chamber- 6/8/2021- 1:00 PM
PUBLIC SERVICES
1.New Location A. N. 21-16: A request by Florence P. Henley for
an on premise consumption Liquor, Beer & Wine License to be
used in connection with Tiffany's Eatery located at 828 Broad
Street. District 1. Super District 9.
Attachments
2.Discussion: A request by Tina Houston for a Massage Operator
License to be used in connection with Tina Therapeutic located
at 1913 Olive Road. District 2. Super District 9.
Attachments
3.Discuss R&B Hall of Fame Induction ceremony. (Requested by
Commissioner Sean Frantom - deferred from May 25,
2021 Public Services Committee)
Attachments
4.Motion to approve awarding East Coast Pyrotechnics, Inc. bid
item #21-194 for Fireworks for Independence Day Celebration in
the amount of $30,000.
Attachments
5.Motion to approve applying to Georgia Association of
Metropolitan Planning Organizations (GAMPO) for the FY 2022
Bike and Pedestrian Plan Update funds.
Attachments
6.Motion to approve the minutes of the Public Services Committee
held on May 25, 2021.Attachments
7.Request Commission approval to amend Augusta, Georgia Code,
Title 3, Article 18, Chapter 6: Noise Ordinance, Section 3-6-1
through Section 3-6-3 so as to provide clarity with regards to
enforcement.
Attachments
www.augustaga.gov
Public Service Committee Meeting
6/8/2021 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Location A. N. 21-16: A request by Florence P. Henley for
an on premise consumption Liquor, Beer & Wine License to be
used in connection with Tiffany's Eatery located at 828 Broad
Street. District 1. Super District 9.
Background:This is a New Location.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4,365.00.
Alternatives:
Recommendation:The Planning & Development approved the application subject
to additional information not contradicting the applicant’s
statements. The Sheriff’s Office approved the application subject
to additional information not contradicting applicant’s
statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Law
Administrator
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1 \nPage 1 of 4
Item # 1
Attachment number 1 \nPage 2 of 4
Item # 1
Attachment number 1 \nPage 3 of 4
Item # 1
Attachment number 1 \nPage 4 of 4
Item # 1
Public Service Committee Meeting
6/8/2021 1:00 PM
Massage Operator License
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:Discussion: A request by Tina Houston for a Massage Operator
License to be used in connection with Tina Therapeutic located
at 1913 Olive Road. District 2. Super District 9.
Background:This is a New Location.
Analysis:The applicant meets the requirements of the City of Augusta's
Ordinance that regulates Massage Therapy.
Financial Impact:The applicant will pay a one-time administrative fee of $120.00.
Alternatives:
Recommendation:The Planning & Development approved the application subject
to additional information not contradicting the applicant’s
statements. The Sheriff’s Office approved the application subject
to additional information not contradicting applicant’s
statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.Cover Memo
Item # 2
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 4
Item # 2
Attachment number 1 \nPage 2 of 4
Item # 2
Attachment number 1 \nPage 3 of 4
Item # 2
Attachment number 1 \nPage 4 of 4
Item # 2
Public Service Committee Meeting
6/8/2021 1:00 PM
Discuss R&B Hall of Fame Induction ceremony
Department:Augusta Commission
Presenter:Commissioner Sean Frantom
Caption:Discuss R&B Hall of Fame Induction ceremony. (Requested by
Commissioner Sean Frantom - deferred from May 25,
2021 Public Services Committee)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Public Service Committee Meeting
6/8/2021 1:00 PM
Fireworks for Independence Day Celebration - Bid Item #21-194
Department:Parks and Recreation Department
Presenter:Maurice McDowell
Caption:Motion to approve awarding East Coast Pyrotechnics, Inc. bid
item #21-194 for Fireworks for Independence Day Celebration
in the amount of $30,000.
Background:The Augusta Parks and Recreation Department contracts each
year with a fireworks company to provide a fireworks show
during the Independence Day Celebration in Downtown Augusta
on July 4th. Vendors are given a $30,000 budget and are
required to build a show around that dollar amount.
Analysis:Selection of East Coast Pyrotechnics, Inc. was based on total
product provided, special effects, total amount of shells included
in the show, and estimated market value provided. There were
four (4) vendors mailed bid packages and one response received.
Financial Impact:The costs are $30,000.00.
Alternatives:1. To approve awarding East Coast Pyrotechnics, Inc. Bid #21-
194 for Fireworks for the Independence Day Celebration at a
cost of $30,000. 2. To deny, this would result in no fireworks
show during the Independence Day Celebration.
Recommendation:1. To Approve
Funds are
Available in the
Following
Accounts:
Funds are available in line item 101-06-1495-5311810.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
Invitation To Bid
Sealed bids will be received at this office until Wednesday, May 19, 2021 @ 11:00 a.m. for furnishing – Via ZOOM. Meeting ID: 939
2360 7176 Passcode: 576175
Bid Item #21-194 Fireworks for Independence Day Celebration for Augusta, GA – Recreation and Parks Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be
obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents
may be examined during regular business hours at the offices of Augusta, GA Procurement Department.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office
of the Procurement Department by Friday, May 14, 2021 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail
or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible
bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are
received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30)
days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local
bidder, will not be qualified for a bid preference on such eligible local project.
No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the
successful bidder.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared
in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific
requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission,
the required financial data, and any other requirements designated by the Procurement Department are considered material conditions
of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition
shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the
Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts
with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees.
They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of
the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of
the requirement for their bid to be considered.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is
not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle May 6, 11, 13 , 2021
Metro Courier May 6, 2021
Attachment number 1 \nPage 1 of 1
Item # 4
OFFICIAL
Bid Item #21-194
Fireworks for Independence Day Celebration
for Augusta, Georgia - Recreation, Parks Department
Bid Due: Wednesday, May 19, 2021 @ 3:00 p.m.
Vendors
East Coast Pyrotechics,
4652 Catawba River Rd
Catawba, SC 29704
Attachment B Yes
E-Verify #291945
SAVE Form Yes
Bid Price $30,000.00
Total Number Specifications Mailed Out: 5
Total Number Specifications Download (Demandstar): 1
Total Electronic Notifications (Demandstar): 3
Total Number Specificaitons Mailed Out to Local Vendors: 0
Mandatory Pre-Bid Conference/Telephone Conference Attendees: NA
Total packages submitted: 1
Total Noncompliant: 0
Page 1 of 1
Attachment number 2 \nPage 1 of 1
Item # 4
Attachment number 3 \nPage 1 of 1
Item # 4
Attachment number 4 \nPage 1 of 3
Item # 4
Attachment number 4 \nPage 2 of 3
Item # 4
Attachment number 4 \nPage 3 of 3
Item # 4
Public Service Committee Meeting
6/8/2021 1:00 PM
GAMPO Grant Application : Augusta Regional Transportation Study (ARTS) Metropolitan Planning
Organization (MPO) FY 2022 Bike and Pedestrian Plan
Department:Planning & Development
Presenter:Robert Sherman
Caption:Motion to approve applying to Georgia Association of
Metropolitan Planning Organizations (GAMPO) for the FY
2022 Bike and Pedestrian Plan Update funds.
Background:MPOs are tasked with addressing bicycle and pedestrian needs
during their transportation planning process. The ARTS MPO
update of the Bi-State Bike and Pedestrian Plan will review the
current conditions of the bike and pedestrian infrastructure, bike
and pedestrian count volumes, bike and pedestrian needs
assessment, and a safety risk analysis. Moreover, the Bike and
Pedestrian Plan Update will also reassess the feasibility of
previously identified projects from the 2012 Bike and Pedestrian
Plan, while focusing on identifying new projects to increase and
improve bike and pedestrian mobility within Richmond
Columbia Counties in GA, and Aiken and Edgefield Counties in
SC. Despite the pandemic, the four counties within the ARTS
boundary have seen an increase in residential development and
the use of public open space. The demand is growing for
sustainable walking trails, the inclusion of cyclist needs during
infrastructure planning, and the MPO plans to be the starting
point for incorporation with the assistance of the GAMPO PL
Funds.
Analysis:
Financial Impact:GAMPO Application: $240,000 Augusta/Local: $60,000 Aiken
County/Local: $200,000 Total Project Costs: $500,000
Alternatives:Forfeiture of the funds and the Bike and Pedestrian Plan will
remain outdated.Cover Memo
Item # 5
Recommendation:Approval of the FY 2022 Application to Bike and Pedestrian
Plan GAMPO Grant Application
Funds are
Available in the
Following
Accounts:
ARTS completed the Augusta Finance Grant Proposal
Application on May 17, 2021 confirming that the Augusta/Local
funds are available via the Planning & Development 2021
budget.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Federal Metropolitan Planning (PL) Fund Application Form
NAME OF STUDY: 2022 Bike and Pedestrian Plan ____________ PHASE: __1 of 1_______________
MPO: _Augusta Regional Transportation Study (ARTS) ________________________________________
CONTACT (Name, Phone, Email): _Mariah Harris, 706.821.1810, Mharris2@augustaga.gov___________
PROJECT START DATE: _July 31, 2021 PROJECT END DATE: February 28, 2023
IS PROJECT UPWP/TIP APPROVED: YES IF NO, AMENDMENT NEEDED? _____________
PREVIOUS WORK ON PROJECT: __2012 Bike and Pedestrian Plan Update________________________
DESCRIPTION OF PROJECT BACKGROUND, NEED & GOALS: MPOs are tasked with addressing bicycle and
pedestrian needs during their transportation planning process. The ARTS MPO update of the Bi-State Bike
and Pedestrian Plan will review the current conditions of the bike and pedestrian infrastructure, bike and
pedestrian count volumes, bike and pedestrian needs assessment, and a safety risk analysis. Moreover,
the Bike and Pedestrian Plan Update will also reassess the feasibility of previously identified projects from
the 2012 Bike and Pedestrian Plan, while focusing on identifying new projects to increase and improve
bike and pedestrian mobility within Richmond Columbia Counties in GA, and Aiken and Edgefield Counties
in SC. Despite the pandemic, the four counties within the ARTS boundary have seen an increase in
residential development and use of public open space. The demand is growing for sustainable walking
trails, the inclusion of cyclist needs during infrastructure planning, and the MPO plans to be the starting
point for incorporation with the assistance of the GAMPO PL Funds.
COST DESCRIPTION (contract, staff, purchase data costs, etc.): MPO/ARTS will contract the completion
of this plan to a private consultant. The scope of services will be reviewed by the Citizen’s Advisory
Committee, Technical Coordinating Committee and the Policy Committee for approval.
PL FUNDS: $240,000______ (80 %)
LOCAL MATCH (CASH): $60,000_______ (20 %)
LOCAL MATCH (IN-KIND): _____________ ( %)
TOTAL COST: $300,000______
MAPS/IMAGES OF PROJECT: N/A
Attach, RFP/scope of work, MPO Policy Board matching resolution, and other supporting
documentation 1
Attachment number 1 \nPage 1 of 7
Item # 5
Augusta Regional Transportation Study
Bi-State Bicycle and Pedestrian Plan
Scope of Services
Task 1 – Project Initiation (July 31, 2021 - January 31, 2022)
1.1 – Kick-Off Meeting
1.2 – Review Background Documents and Plans for Georgia and South Carolina
1.3 – Municipal Code Review
1.4 – Review Existing Legislation, Policy, and Documentation
1.5 – Stakeholder Introductions (ARTS Committee Meeting Presentation)
Task 1 Products
• Attendance at the project kick-off meeting
• Kick-off meeting agenda and summary
• Final detailed scope, schedule, and public outreach plan
• Technical Memorandum summarizing background documents, plans, and interviews
Task 2 – Existing Conditions Inventory and Mapping (August 31, 2021 - January 28, 2022)
2.1 – Collect Base Mapping Data and Information for all counties
2.2 – Field Investigation
2.3 – Existing Conditions Base Maps
2.4 – Existing Conditions and Opportunities/Constraints Technical Memo
Task 2 Products
• Field Investigation of existing and potential bicycle/pedestrian corridors for all counties.
• Base maps of existing and planned bicycle/pedestrian facilities
• Technical Memorandum describing existing conditions, opportunities, and challenges
• Comparative analysis of bike and pedestrian plans in other cities
Task 3 – Steering Committee Meetings (Dates TBD Officially)
3.1 – Steering Committee Meetings
3.2 – Steering Committee Walking and Bicycling Tour
Task 3 Products
• Attendance and facilitation of (up to 5) Steering Committee meetings
• Meeting agendas and summaries (ARTS staff will assist with meeting summaries)
• Attendance and facilitation of Steering Committee bicycling/walking/transit tour
Task 4 – Public Involvement (July 31, 2021 – February 16, 2023)
-Projected Committee Meeting Schedule Attached
4.1 – Project Website
4.2 – Media Releases/ E-Communications
4.3 – On-line Survey
4.4 – Targeted Focus Groups
4.5 – 8 Public Meeting / (4 in SC, 4 in GA)
4.6 – ARTS Committee Meeting Presentations in Georgia and South Carolina
1
Attachment number 1 \nPage 2 of 7
Item # 5
Task 4 Products
• Project website creation and support
• Media release for community workshops and news articles
• Survey summaries
• Community workshop agendas, sign-in sheets, handouts, presentations, maps, display boards,
comment cards
• Focus Group facilitation and summaries
• Preparation for, attendance, and facilitation of Community Workshops
• Technical Memorandum of Community workshop summaries and public outreach efforts
Task 5 – User Needs Assessment (January 31, 2022– July 31, 2022)
5.1 – Bicycle/Pedestrian Demand and Benefits Analysis
5.2 – Safety Needs Analysis
5.3 – Bicyclist and Pedestrian Counts
Task 5 Products
Technical Memorandum summarizing User Needs Assessment:
• Existing and estimated future bicycle/pedestrian demand; estimated air quality, economic, and
health benefits of an expanded walking and bicycling network; and bicycle/pedestrian safety
evaluation
• Safety analysis process and findings
• Bicycle and pedestrian data collection process and findings
• Map illustrating reported bicycle/pedestrian crash locations and bicycle and pedestrian counts
Task 6 – Recommended Bikeway, Walkway, and Trail Network (April 29, 2022 – January 27, 2023)
6.1 – Bikeway/Walkway and Trail System Development
6.2 – Bikeway/Walkway and Trail System Maps
6.3 – Project List and Cost Opinions
6.4 – Project Evaluation/Prioritization Criteria
6.5 – Design Guidelines
Task 6 Products
• Recommended bikeway and walkway system maps
• Project list with planning-level cost opinions
• Project evaluation criteria and a decision matrix
• Design Guidelines
Task 7 – Education, Encouragement, Enforcement, and Evaluation (February 28, 2022 – January 27,
2023)
7.1 – “Best Practices – 4 E’s” Report - Education, Encouragement, Enforcement and Evaluation efforts.
7.2 – “Bicycle and Walk Friendly Community” Designation Action Plan
Task 7 Products
• Technical Memorandum on “Best Practices – 4 E’s” Report
• Bicycle and Walk Friendly Community Designation Action Plan
1
Attachment number 1 \nPage 3 of 7
Item # 5
Task 8 – Plan Implementation (August 31, 2022 – January 27, 2023)
8.1 – Top Priority Project Description Sheets
8.2 – Potential Funding Sources and Opportunities
8.3 – Implementation Plan
Task 7 Products
• Up to 16 Project Description Sheets (4 per county if needed)
• Memorandum describing potential funding opportunities and Implementation Plan
Task 9 – Draft and Final Bicycle and Pedestrian Plan (August 31, 2022 – February 28, 2023)
9.1 – Draft Bicycle and Pedestrian Plan Update
9.2 – Public Comment Period for Draft Plan Update
9.3 – Final Bicycle and Pedestrian Plan Update
9.4 – ARTS/Aiken County Committee Meeting Presentation
Task 9 Products
• Draft Bicycle and Pedestrian Plan Update
• Final Bicycle and Pedestrian Plan Update (up to 30 hard copies)
• Presentation of Final Bicycle and Pedestrian Plan Update at ARTS/Aiken County Committee
meetings
1
Attachment number 1 \nPage 4 of 7
Item # 5
2023
July Oct. Nov. Dec. March Apr. May June July Oct. Nov. Dec. Jan. Feb.
Project Management ▲▲▲▲▲▲▲▲▲▲▲▲▲
Task 1 – Project Initiation •••
Task 2 – Existing Conditions Inventory and Mapping
Task 3 – Steering Committee Meetings •••
Task 4 – Public Involvement *
Task 5 – User Needs Assessment
Task 6 – Recommended Bikeway, Walkway, and Trail Network
Task 7 – Education, Encouragement, Enforcement, and Evaluation
Task 8 – Plan Implementation
Task 9 – Draft and Final Bicycle and Pedestrian Plan
Bike and Pedestrian Plan Study Schedule
LEGEND: • = Committee Meeting/Steering Committee ; ▲ = Consultant & MPO Staff Meeting; * = 1st & 2nd Round of Public Meetings (2 in SC / 2 in SC) 8 Meetings Total
Task Name 2021
Aug.
▲
Sept.
•
▲
2022
Aug. Sept.
▲▲
•
•
Jan. Feb.
▲▲
•
*
•
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AUGUSTA REGIONAL TRANSPORTATION STUDY
PROJECTED COMMITTEE MEETINGS
AUGUST 26, 2021 – FEBRUARY 16, 2023
SUBCOMMITTEE Thursday, August 26, 2021
CAC/TCC Wednesday, September 01, 2021
PC Thursday, September 16, 2021
CAC/TCC Wednesday, January 05, 2022
PC Thursday, January 20, 2022
SUBCOMMITTEE Thursday, February 03, 2022
CAC/TCC Wednesday, May 04, 2022
SUBCOMMITTEE Thursday, May 05, 2022
PC Thursday, May 19, 2022
SUBCOMMITTEE Thursday, August 04, 2022
CAC/TCC Wednesday, September 07, 2022
PC Thursday, September 22, 2022
CAC/TCC Wednesday, November 02, 2022
SUBCOMMITTEE Thursday, November 03, 2022
PC Thursday, November 17, 2022
CAC/TCC Wednesday, January 04, 2023
SUBCOMMITTEE Thursday, January 05, 2023
PC Thursday, January 19, 2023
CAC/TCC Wednesday, February 01, 2023
SUBCOMMITTEE Thursday, February 02, 2023
PC Thursday, February 16, 2023
Special Called Meeting
CAC – Citizens Advisory Committee
TCC – Technical Coordinating Committee
PC – Policy Committee
SUBCOMMITTEE – South Carolina Policy Subcommittee
1
Attachment number 1 \nPage 7 of 7
Item # 5
Attachment number 2 \nPage 1 of 2
Item # 5
Attachment number 2 \nPage 2 of 2
Item # 5
Public Service Committee Meeting
6/8/2021 1:00 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Public Services Committee
held on May 25, 2021.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
-z---t-2-11-4*-
ROI.t
Public Service Committee Meeting Virtual/Teleconference - 512512021
ATTENDANCE:
Present: Hons. Johnson, Vice Chairman; Clarke and Sias, members.
Absent: Hons. Hardie Davis, Jr., Mayor; Frantom, Chairman.
PUBLIC SERVICES
1. Discuss R&B Hall of Fame Induction ceremony. (Requested by Item
Commissioner Sean Frantom) Action:
Rescheduled
2. Motion to approve the minutes of the Public Services Committee held on May Item11,2021. Action:
Approved
Motions
Motion
Type
Approve
3-0.
3. Motion to adopt Title VI: FTA Compliance and Implementation for the Item
Metropolitan Transportation Planning Program. Action:
Approved
Motions
Motion Motion Textt ype
Motion to refer this
item to the nextDefer Public Services
Committee meeting.
Motion Passes 3-0.
Made By
Motion Text Made By
Motion to
approve. Commissioner
Motion Passes Sammie Sias
Commissioner Commissioner
Sammie Sias John Clarke Passes
MotionSeconded BY Resurt
Seconded By ffitjil
Commissioner
Jordan Johnson Passes
Attachment number 1 \nPage 1 of 2
Item # 6
Motions
X::*1" Motion Text Made By seconded By MotionIype ---'----" --------"-r Result
Motion to
^ approve. Commissioner CommissionerApprove Motion passes John clarke s;ili; a;r Passes
3-0.
4. Discuss the City's Panhandling Ordinance. (Requested by Commissioner Ben ItemHasan) Action:
Approved
Motions
Motion rr-1:^-- m-__1 Made Seconded Motion:-""-' Motion Text'l'vne By By ResultJI
It was the consensus of the
committee that this item be added to
the agenda without objection.
Motions
X:ll" Motion Text Made By seconded By Motion
lype - ------ -J --------- -'t Result
Motion to approve
expanding the footprint
of the current
Approve panhandling ordinance S^"::':tl?:^tt commissioner
Dammre )ras Jordan Johnson Passes
to lnclude tne entlre
county.
Motion Passes 3-0.
www.auguqtaqa.gov
Attachment number 1 \nPage 2 of 2
Item # 6
Public Service Committee Meeting
6/8/2021 1:00 PM
Noise Ordinance
Department:Planning & Development
Presenter:Rob Sherman
Caption:Request Commission approval to amend Augusta, Georgia
Code, Title 3, Article 18, Chapter 6: Noise Ordinance, Section
3-6-1 through Section 3-6-3 so as to provide clarity with regards
to enforcement.
Background:On August 5, 2019, Augusta was sued based on the plaintiff’s
belief that the enforcement of the noise ordinance violated his
First Amendment Rights. The Court issued a preliminary
injunction restraining Augusta from enforcing the noise
ordinance as it relates to the use of sound amplification devices.
Since the injunction, Augusta has been limited in its ability to
enforce the noise ordinance.
Analysis:The newly drafted ordinance will provide clarity with regards to
enforcement without running afoul of First Amendment issues.
The First Amendment protects free speech rights of citizens,
nevertheless the City may impose reasonable restrictions on the
time, place and manner in which persons exercise this right,
subject to certain provisos.
Financial Impact:N/A
Alternatives:Do not approve.
Recommendation:Approve
Funds are
Available in the
Following
Accounts:
N/A
Cover Memo
Item # 7
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 3, CHAPTER 6,
NOISE, SECTION 3-6-1 THROUGH SECTION 3-6-3, SO AS TO ADOPT THE PROPOSED
NEW NOISE ORDINANCE THAT WILL PROVIDE CLARITY WITH REGARDS TO
ENFORCEMENT; 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.
NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME, THE NOISE ORDINANCE IS
AMENDED AS FOLLOWS:
SECTION 1. Title 3, Chapter 6, NOISE, Section 3-6-1 through Section 3-6-3, are hereby
amended by deleting these sections in their entirety, AND new Section 3-6-1 through Section 3-
6-3, are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2021.
__________________________ Attest:______________________________
Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission
As its Mayor Seal:
Attachment number 1 \nPage 1 of 8
Item # 7
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2021
and that such Ordinance has 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 \nPage 2 of 8
Item # 7
“EXHIBIT A”
Chapter 6
NOISE
Sec. 3-6-1. Regulated.
(a) Purpose: It shall be unlawful for any person to make, continue or cause to be made
or continued or permit to be made, continued or caused any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others in Augusta-Richmond County.
(b) Plainly audible as used in this Chapter means any noise or sound which can be
heard by the auditory senses of a person standing at a distance no less than the
distances set forth below from the sound. Words or phrases need not be
discernable for music and other noises to be prohibited. Bass reverberations are
included in the prohibited noises.
Sec. 3-6-2. Prohibited loud noises enumerated.
(a) Restrictions of 300 feet for 7:00 a.m. through 11:00 p.m. Sunday through Thursday
and 7:00 a.m. through 12:00 midnight on Friday and Saturday.
(1) Mechanical sound-making devices. It is unlawful for any person or persons to
play, use, operate, or permit to be played, used, or operated any radio receiving
device, television, stereo, musical instrument, phonograph, sound amplifier or
other machines or devices for the producing, reproducing or amplifying of sound
and/or noise at such a volume and in such a manner so as to create, or cause to
be created, any noises or sounds which are plainly audible at a distance of 300
feet or more from the place, building, structure or vehicle, or in the case of real
property, beyond the property limits, in which it is located, whichever is farthest,
between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and
between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday.
(2) Yelling, shouting, other human-produced sounds. It is unlawful for any person
or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks
or on private property so as to create, or cause to be created, any noises or sounds
which are plainly audible at a distance of 300 feet or more from the place,
building, structure, or in the case of real property, beyond the property limits, in
which the person is located, whichever is farthest, between the hours of 7:00 a.m.
and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and
12:00 midnight on Friday and Saturday.
(3) Commercial advertising. It is unlawful for any person or persons to use, operate,
or permit to be used or operated any radio receiving device, musical instrument,
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phonograph, loud speaker, sound amplifier or other machine or device for the
production or reproduction of sound which is cast upon the public streets or other
public property for the purpose of commercial advertising or which serves to
attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are
plainly audible at a distance of 300 feet or more from the source of the sound cast
upon the public streets or other public property or from the place, building,
structure, or in the case of real property, beyond the property limits, in which it
is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m.
Sunday through Thursday and between the hours of 7:00 a.m. and 12 midnight
on Friday and Saturday.
(4) Party noise. It is unlawful for any person or persons in charge of a party or other
social event that occurs on any private property to allow that party or social event
to produce noise in such a manner that such noise is plainly audible at a distance
of 300 feet or more from the building or structure from which the noise is
emanating or in the case of real property, beyond the property limits, on which
the party or social event is located, whichever is farthest, between the hours of
7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of
7:00 a.m. and 12 midnight on Friday and Saturday. For the purposes of this
subsection, a "person in charge of a party or other social event" shall mean any
adult person who resides in or on the premises involved in such party or social
event and is present at such party or social event. For the purposes of this
subsection, "noise" shall mean the same sounds, or any combination thereof, as
described in paragraph a of this section.
(b) Restrictions of 100 feet for 11:00 p.m. through 7 a.m. Sunday through Thursday and
12:00 midnight through 7:00 a.m. on Saturday and Sunday.
(1) Mechanical sound-making devices. It is unlawful for any person or persons to
play, use, operate, or permit to be played, used, or operated any radio receiving
device, television, stereo, musical instrument, phonograph, sound amplifier or
other machines or devices for the producing, reproducing or amplifying of sound
and/or noise at such a volume and in such a manner so as to create, or cause to
be created, any noises or sounds which are plainly audible at a distance of 100
feet or more from the building, structure, or motor vehicle or in the case of real
property, beyond the property limits, in which it is located, whichever is farthest,
between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and
between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday.
(2) Yelling, shouting, other human-produced sounds. It is unlawful for any person
or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks
or on private property so as to create, or cause to be created, any noises or sounds
which are plainly audible at a distance of 100 feet or more from the place on
public streets and sidewalks, or in the case of private real property, beyond the
property limits, on which the person is located, whichever is farthest, between the
hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the
hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday.
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Item # 7
(3) Commercial advertising. It is unlawful for any person or persons to use, operate,
or permit to be used or operated any radio receiving device, musical instrument,
phonograph, loud speaker, sound amplifier or other machine or device for the
production or reproduction of sound which is cast upon the public streets or other
public property for the purpose of commercial advertising or which serves to
attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are
plainly audible at a distance of 100 feet or more from the source of the sound cast
upon the public streets or other public property or from the building, structure,
or in the case of real property, beyond the property limits, in which it is located,
whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday
through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on
Saturday and Sunday.
(4) Party noise. It is unlawful for any person or persons in charge of a party or other
social event that occurs on any private property to allow that party or event to
produce noise in such a manner so as to such noise is plainly audible at a distance
of 100 feet or more from the building or structure from which the party noise is
emanating or in the case of real property, beyond the property limits, on which
the party or social event is located, whichever is farthest, between the hours of
11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of
12:00 midnight and 7:00 a.m. on Saturday and Sunday. For the purposes of this
subsection, a "person in charge of a party or other social event" shall mean any
adult person who resides in or on the premises involved in such party or social
event and is present at such party or social event. For the purposes of this
subsection, "noise" shall mean the same sounds, or any combination thereof, as
described in paragraph b of this section.
(c) Other restrictions.
(1) Animals, birds. The keeping of any animal or bird which, by causing frequent or
long-continued noise, shall disturb the comfort or repose of any persons in the
vicinity.
(2) Steam whistles. The blowing of any steam whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or as a warning of
fire or danger or upon request of proper county authorities.
(3) Exhausts. The discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine or motorboat except through a muffler or
other device which will effectively prevent loud or explosive noises therefrom.
(4) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out
of repair, so loaded or in a manner as to create loud and unnecessary grating,
grinding, rattling or other noise within a residential area.
(5) Loading, unloading, opening boxes. The creation of a loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
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Item # 7
(6) Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation of any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or
any other similar equipment attended by loud or unusual noise, other than
between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; however, the
inspections and permits department shall have the authority, upon determining
that the loss or inconvenience which would result to any party in interest would
be extraordinary and of such nature as to warrant special consideration, to grant
a permit for a period not to exceed ten (10) days within which time such work and
operation may take place within the hours of 10:00 p.m. to 7:00 a.m.
(7) Schools, courts, places of worship. The creation of any excessive noise on any
street adjacent to any school, institution of learning, place of worship or court
while in use, which unreasonably interferes with the normal operation of that
institution, provided that conspicuous signs are displayed in those streets
indicating a school, court, or place of worship.
(8) Transportation of metal rails or similar materials. The transportation of rails,
pillars or columns of iron, steel or other material over and along streets and other
public places so as to cause loud noises or as to disturb the peace and quiet of
those streets or other public places.
(9) Blowers. The operation of any noise-creating blower or power fan or any internal-
combustion engine, the operation of which causes noise due to the explosion of
operating gases or fluids, unless the noise from the blower or fan is muffled and
the engine is equipped with a muffler device sufficient to deaden the noise.
(10) Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or
other moving or standing vehicles for advertising or other commercial purposes.
The use of sound trucks for noncommercial purposes during hours and in places
and with volume as would constitute this use as a public nuisance.
(11) Horns, signaling devices. The sounding of any horn or signaling device on any
automobile, motorcycle or other vehicle on any street or public place in Augusta-
Richmond County except as a danger warning; the creation of any unreasonable
loud or harsh sound by means of any signaling device and the sounding of any
device for any unnecessary and unreasonable period of time; the use of any
signaling device except one operated by hand or electricity; the use of any horn,
whistle or other device operated by engine exhaust and the use of any signaling
device when traffic is for any reason held up.
(d) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or
other such residential dwelling units. Except for persons within commercial
enterprises that have an adjoining property line or boundary with a residential
dwelling unit, it is unlawful for any person to make, continue, or cause to be made or
continued any noise in such a manner as to be plainly audible to any other person a
distance of five feet beyond the adjoining property line wall or boundary of any
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Item # 7
apartment, condominium, townhouse, duplex, or other such residential dwelling
units with adjoining points of contact. For the purposes of this subsection, "noise"
shall mean human-produced sounds of yelling, shouting, hooting, whistling, singing,
or mechanically-produced sounds made by radio-receiving device, television, stereo,
musical instrument, phonograph sound amplifier or other machines or devices for
the producing, reproducing, or amplifying of sound, or any combination thereof. For
the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums,
townhouses, duplexes or other such residential dwelling units with adjoining points
owned, rented, or leased by different persons; or (2) adjoining common areas or
adjoining exterior walls. Said property line or boundary includes all points of a plane
formed by projecting the property line or boundary including the ceiling, the floor,
and the walls.
(e) The prohibitions of this section shall not apply to the following:
1. Any vehicle of Augusta-Richmond County while engaged in necessary public
business.
2. Noise from an exterior burglar alarm of any building, or from any automobile
alarm, provided such alarm shall terminate its operation within 15 minutes of its
activation.
3. The generation of noise in the performance of any work or action necessary to
deliver essential services including, but not limited to, water or sewer projects,
and other related public works projects; repairing gas, electric, telephone, and/or
public transportation facilities; removing fallen trees on public rights-of-way; or
abating emergency conditions threating the public health, safety or general
welfare.
4. Noise from snow blowers, snow throwers, and snowplows.
5. Noise generated from celebrations, outdoor festivals, and/or municipally
sponsored or approved events which were approved by contract, permit or
otherwise.
6. Noises resulting from the operation of the Augusta Regional Airport and the
Daniel Field Airport.
8. Noises resulting from any event sponsored by, associated with, or approved by a
recognized institution of learning.
9. Noises that result from or arise out of or stem from the occurrence of a
professional sporting event or organized sports league.
10. Noises and/or sounds caused to be made by manufacturing, governmental, or
commercial entities in the normal course of their business.
Sec. 3-6-3. Health Care Facility Zones.
(a) Purpose. There shall be within Augusta-Richmond County what shall be known as
health care facility zones around such hospitals, sanitoriums, physicians’ offices,
walk-in medical centers, medical diagnostic centers, surgical centers, and facilities
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Item # 7
which are licensed, certified or otherwise authorized to perform medical
procedures in this state and to provide health services that are free from shouting
and other amplified sounds. "Health care facility" shall not include residential
homes, convalescent homes or other facilities that provide long term residency.
(b) Limitations. No person shall shout or cause to be produced, or allow to be
produced, by any means, any amplified sound, including the playing, using,
operating, or permitting to be played, used, or operated any radio receiving device,
television, stereo, musical instrument, phonograph, tape or CD player, sound
amplifier, or other machine or device that produces or reproduces amplified sound
on any public street or sidewalk or from private property that is plainly audible at
a distance of 100 feet of the property line of a property housing a health care facility
or any other institution reserved for individuals seeking health care treatment, the
sick, or infirmed, provided that the public streets or sidewalks adjacent to such
facilities shall be clearly marked by conspicuous signs identifying those areas.
(c) Signage required. It shall be the duty of each health care facility or owner of such
establishment to erect and maintain lampposts or signs in some conspicuous place
on every street, avenue or alley in the vicinity of every health care facility, public or
private. The signs which must meet and conform to the city's sign code shall be
placed on such streets, avenues or alleys upon which a health care facility is
situated and shall read in a manner similar to, but not restricted to, the following:
"Hospital" or "Health Care Facility."
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Item # 7