Old South Duck Tours v. Mayor & Aldermen of the City of Savannah

City ordinances prohibiting the use of amphibious tour vehicles in the city's historic district fall within the constitutional exception authorizing local governments to exercise their police powers.

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Appellants Old South Duck Tours and Amphibious Adventures1 sought to use amphibious vehicles2 approved by the appropriate state and federal agencies to operate an amphibious tour service in the City of Savannah “The City”. The City has ordinances for the regulation and operation of guided tours within the Landmark Historic District of the City, and city officials maintained that Savannah City Code § 6-1548 prohibited the use of amphibious vehicles as tour service vehicles except on specific roads that are not located within the Historic District.3 After the City expressed its intent to enforce the ordinance against appellants, appellants filed a declaratory judgment action in which they also sought injunctive relief. In their lawsuit, appellants contended that the local ordinance relied on by the City to prohibit appellants’ amphibious vehicles was preempted by authority granted the Georgia Public Service Commission “PSC”, and that the ordinance violated the Equal Protection Clauses of the U.S. and Georgia constitutions. The trial court conducted a one-day bench trial after which appellants were permitted to amend their complaint to also allege the unconstitutionality of Section 6-1502 of Savannah’s city ordinances.4

In its final order and judgment, the trial court rejected appellants’ preemption argument and the constitutional attacks on the ordinances, and ruled that the City had jurisdiction to enact the challenged ordinances as “the legitimate exercise by a municipality of its police powers.” In light of the amphibious vehicles’ innovative qualities, the trial court found that the classification created by the ordinance was not arbitrary. In accordance with its findings, the trial court entered judgment in favor of the City and its officials, and appellants brought this appeal.

Old South Duck Tours v. Mayor & Aldermen of the City of Savannah

City ordinances prohibiting the use of amphibious tour vehicles in the city's historic district fall within the constitutional exception authorizing local governments to exercise their police powers.

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