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October 8, 2020 City Council Regular Meeting
Title
23. Approval to Amend Article B, Noise Control, of Chapter 2, Nuisances, of Part 9, Offenses of the Code of the City of Savannah to Identify Additional Restricted Uses, including but not limited to Fireworks
Strategic Priority
Good Government
Description

OVERVIEW

The proposed amendment to the City of Savannah's Noise Ordinance will prohibit fireworks that emit sounds in violation of the ‘Sound Limit by Receiving Use’ table outlined in Section 9-2034 of the City of Savannah's Noise Ordinance while complying with the requirements of Georgia State Code, Chapter 10: Regulation of Fireworks.

The City’s Noise Ordinance Task Force has been working to make recommendations to City Council to improve our current noise ordinance, which is no longer accomplishing its purpose of ensuring livable commercial and residential spaces with appropriate noise quality levels. The Task Force’s goal is to present City Council with a complete Noise Ordinance revision for consideration within the 4th quarter of 2020.

This amendment to the current noise ordinance is in response to many complaints from City residents regarding the increasing use of fireworks throughout Savannah neighborhoods. The amendment will allow City Enforcement Officer's the ability to appropriately prohibit the use of fireworks that violate the City’s noise ordinance outside of holiday’s and other state law restrictions discussed below.

HISTORY AND RESTRICTIONS

Fireworks sales were completely prohibited in Georgia until 2005. In 2015, firework uses were expanded to allow for the sales of all consumer fireworks. In 2018, Georgia State Code, "Chapter 10. Regulation of Fireworks" was amended to allow counties or municipalities to restrict firework usage as long as the following items are met:

  1. Regulation must be enacted on or after July 18, 2018 through a municipal noise ordinance that does not exclusively target consumer fireworks,
  2. Fireworks may not be permitted in the following locations.
    • Within right of way of public road, street, highway or railroad,
    • Indoors
    • Any place where person is deemed a trespasser
    • Within 100 yards of an electric plant, water treatment plant, retail gasoline sales or flammable liquids where volume is in excess of 500 gallons, facilities engaged in processing flammable liquids, electric substations, a jail or prison, public use air facility, public use helicopter landings, hospital, nursing home, or health care facility absent of owners written permission.
    • Any park, historic site, recreational site, or other property owned by the State or City unless permitted by controlling agency,
    • Anywhere which is under a declaration of drought by the Governor
  3. Regulation cannot prohibit the use of fireworks within permitted areas between the hours of 10:00 am and 11:59 pm on the following holidays,
    • The last Saturday in May
    • The last Sunday in May
    • July 3rd and July 4th
    • The first Monday in September
    • December 31 and January 1st (expanded hours of 12:00 am to 1:00 am)

Any person in violation of the proposed amendment, upon conviction, shall be guilty of a misdemeanor and shall be subject to such penalties as are provided by law for other misdemeanors. Every violation shall be deemed a separate offense.

Recommendation

Approval

Contact
Joe Shearouse Jr., Acting Assistant to the City Manager
Financial Impact
N/A
Review Comments
Attachments
Exhibit 1: Ordinance - Noise Control Article B.pdf
Exhbit 1. Ordinance Amendment - Noise Control.pdf
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