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AB Code Supplement 10SUPPLEMENT NO. 10 November, 1990 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 90-90-151, enacted June 25, 1990. See the Code Comparative Table for further information. Remove old pages Insert new pages xi, xii xi, xii Checklist of up-to-date pages Checklist of up-to-date pages 163, 164 163, 164 735-737 735-737 1055-1057 1055-1057 1161-1174 1161-1183 1223-1224.1 1223-1224.2 1351-1353 1351-1358 1417-1420 1417-1420 1431, 1432 1431, 1432 1995, 1996 1995, 1996 2053-2055 2053-2055 Index pages 2113-2116.1 2126.1-2128 2139, 2140 2151-2152.1 2155, 2156 Index pages 2113-2116.1 2127-2128.1 2139, 2140 2151-2152.1 2155-2156.1 Insert this instruction sheet in front of volume. File removed pages for ref- erence. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1 -800 -262 -CODE (National) 1 -800 -342 -CODE (Florida) Note—An updated checklist of pages in Code is included, following Table of Contents. TABLE OF CONTENTS—Cont'd. Chapter Page 13. Offenses 787 Art. I. In General 787 Art. II. Minors on Streets and in Public Places 791 14. Planning/Zoning/Appeals 839 Art. I. In General 839 Art. II. Community Development Board 839 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property 891 16. Refuse and Garbage 943 17. Signs and Advertising Structures 995 Art. I. In General 995 Art. II. Permit 1003 18. Solicitors 1055 Art. I. In General 1055 Art. II. Permit 1056 19. Streets, Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. I. In General 1157 Art. II. Public Service Tax 1157 Div. 1. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Occupational License Tax 1160 Art. IV. Insurance Premium Taxes 1174 21. Traffic and Motor Vehicles 1221 Art. I. In General 1221 Art. II. Stopping, Standing and Parking 1222 Div. 1. Generally 1222 Div. 2. Enforcement 1225 22. Utilities 1277 Art. I. In General 1277 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1287 Div. 4. Building Sewers and Connections 1288 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1294.1 Div. 8. Sewer System Extensions 1299 23. Vegetation 1351 Art. I. In General 1351 Art. II. Tree Protection 1351 Art. III. Accumulation of Weeds 1357 Supp. No. 10 ATLANTIC BEACH CODE Chapter Page 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. II. Language and•Definitions 1404 Art. III. Zoning Regulations 1420 Div. 1. Generally 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 Div. 4. General Provisions and Exceptions 1429 Div. 5. Establishment of Districts 1433 Div. 6. Planned Unit Development (PUD) 1446.1 Div. 7. Supplementary Regulations 1452 Art. IV. Subdivision Regulations 1464 Div. 1. Generally 1464 Div. 2. Application Procedure 1466 Div. 3. Required Improvements 1473 Div. 4. Assurance for Completion and Maintenance of Improvements 1474 Div. 5. Design and Construction Standards 1477 Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2103 Supp. No. 10 xii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for - page substitution basis, it has become evident that through usage and supple- mentation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "00" indicate the pages have not been re- printed in the Supplement Service In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 163, 164 10 iii 9 165, 166 4 v, vi OC 166.1 5 vii, viii 1 167, 168 1 ix, x 9 169, 170 1 xi, xii 10 171, 172 9 1, 2 5, Add. 172.1, 172.2 9 3, 4 5, Add. 173, 174 8 4.1 5, Add. 174.1, 174.2 8 5, 6 OC 175, 176 .6 7, 8 OC 177, 178 6 9, 10 OC 179, 180 8 11, 12 OC 181, 182 8 13, 14 5 183, 184 8 14.1 5 184.1, 184.2 8 15, 16 OC 185, 186 2 17, 18 5 186.1, 186.2 8 19 5 187, 188 OC 23, 24 OC 189, 190 5 25, 26 OC 190.1 5 27, 28 OC 191, 192 OC 79 5, Add. 193, 194 OC 91 5 195, 196 6 103, 104 OC 245, 246 OC 105, 106 OC 247, 248 3 107, 108 OC 299, 300 6 157, 158 9 301, 302 6 159, 160 8 303, 304 6 161, 162 8 353, 354 7 Supp. No. 10 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 355 7 1107 OC 405, 406 9 1157, 1158 OC 407, 408 OC 1159, 1160 2 409, 410 5 1161, 1162 10 410.1, 410.2 5 1163, 1164 10 410.3, 410.4 5 1165, 1166 10 410.5, 410.6 5 1167, 1168 10 410.7, 410.8 5 1169, 1170 10 411, 412 6 1171, 1172 10 413, 414 OC 1173, 1174 10 415, 416 OC 1175, 1176 10 417, 418 9 1177, 1178 10 469, 470 8 1179, 1180 10 521, 522 6 1181, 1182 10 523, 524 6 1183 10 525, 526 6 1221, 1222 OC 527, 528 6 1223, 1224 10 529, 530 6 1224.1, 1224.2 10 531, 532 6 1225, 1226 5 533, 534 6 1227 5 535 6 1277, 1278 6 577, 578 OC 1279, 1280 5 579, 580 OC 1280.1 5 581 OC 1281, 1282 OC 631, 632 OC 1283, 1284 3 683, 684 OC 1284.1 3 685 OC 1285, 1286 OC 735, 736 10 1287, 1288 OC 737 10 1239, 1290 OC 787, 788 8 1291, 1292 OC 789, 790 8 1293, 1294 OC 791, 792 9 1294.1, 1294.2 6 793 9 1295, 1296 9 839, 840 5 1297 9 841, 842 5 1298.1, 1298.2 3 843 5 1299, 1300 OC 891, 892 OC 1301 OC 943, 944 3 1351, 1352 10 945, 946 8 1353, 1354 10 947 3 1355, 1356 10 995, 996 8 1357, 1358 10 997 8 1403, 1404 5 999, 1000 OC 1405, 1406 3 1001, 1002 OC 1407, 1408 OC 1003, 1004 OC 1409, 1410 5 1005 OC 1411, 1412 OC 1055, 1056 10 1413, 1414 5 1057 10 1415, 1416 5 Supp. No. 10 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1417, 1418 10 2043 OC 1419, 1420 10 2053, 2054 10 1421, 1422 5 2055 10 1423, 1424 5 2081, 2082 6 1425, 1426 5 2083, 2084 5 1427, 1428 5 2085, 2086 OC 1428.1 5 2087, 2088 5 1429, 1430 OC 2089, 2090 5 1431, 1432 10 2091, 2092 5 1433, 1434 6 2093, 2094 5 1435, 1436 5 2095, 2096 5 1437, 1438 6 2097, 2098 5 1438.1 6 2099, 2100 5 1439, 1440 5 2103, 2104 5 1441, 1442 7 2105, 2106 5 1443, 1444 7 2107, 2108 9 1444.1 7 2109, 2110 9 1445, 1446 5 2110.1 9 1446.1, 1446.2 5 2111, 2112 5 1447, 1448 OC 2113, 2114 10 1449, 1450 5 2115, 2116 10 1451, 1452 OC 2116.1 10 1453, 1454 4 2117, 2118 1 1455, 1456 8 2119, 2120 3 1457, 1458 9 2121, 2122 8 1458.1 9 2123, 2124 9 1459, 1460 6 2125, 2126 9 1461, 1462 6 2127, 2128 10 1462.1 6 2128.1 10 1463, 1464 OC 2129, 2130 8 1465, 1466 7 2131, 2132 9 1466.1 7 2132.1 9 1467, 1468 OC 2133, 2134 6 1469, 1470 OC 2135, 2136 7 1471, 1472 OC 2137, 2138 6 1473, 1474 OC 2139, 2140 10 1475, 1476 3 2140.1 9 1477, 1478 OC 2141, 2142 OC 1479, 1480 OC 2143, 2144 5 1481, 1482 OC 2145, 2146 6 1483 OC 2147, 2148 8 1983, 1984 OC 2148.1 8 1985 OC 2149, 2150 OC 1987, 1988 OC 2151, 2152 10 1989, 1990 OC 2152.1 10 1991, 1992 2 2153, 2154 OC 1993, 1994 6 2155, 2156 10 1995, 1996 10 2156.1 10 Supp. No. 10 [31 ATLANTIC BEACH CODE Page No. Supp. No. 2157, 2158 1 2159, 2160 6 2160.1 6 2161, 2162 3 2162.1 3 2163, 2164 6 2165, 2166 5 2166.1 5 2167, 2168 OC 2169, 2170 5 2171, 2172 5 Supp. No. 10 [4] ADMINISTRATION § 2-61 (Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-42-2-50. Reserved. DIVISION 2. POLICE DEPARTMENT* Sec. 2-51. Chief of police—Appointment, compensation, removal. The chief of police shall be the head of the police department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 57-90-16, § 1, 5-29-90) Sec. 2-52. Same—Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. (Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-53. Powers and authority of deputies and chief. The chief of police and his deputies shall have the power and authority to immediately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten, or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the city, of the state, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law. (Laws of Fla., Ch. 57-1126, § 38; Ord. No. 57-78-7, § E, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-54-2-60. Reserved. DIVISION 3. FIRE DEPARTMENT* Sec. 2-61. Fire chief—Appointment; compensation. The fire chief shall be the head of the fire department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 39; Ord. No. 57-78-7, § F, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) *Cross reference—Police generally, Ch. 15. tCross reference—Fire prevention and protection, Ch. 7. Supp. No. 10 163 § 2-62 ATLANTIC BEACH CODE Sec. 2-62. Same—Duties and authority. It shall be the duty of the fire chief to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of all city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the Supp. No. 10 164 Chapter 12 NUISANCES* Sec. 12-1. Enumeration. (a) It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a danger- ous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indica- tions of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (1) For any person to cause or allow any animal carcus or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health; (2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain in any street, alley or other public place, or in any house, building, premises, sewer, or gutter, any filth, garbage, noxious substance, or any waste paper, rags, or any rubbish of any kind; (3) For any person to allow, suffer or permit any lot or premises, common or place of any kind whatsoever to become neglected so as to become a detriment to public health by weeds growing thereon, or by depositing of rubbish of any kind which may be injurious to the health and well-being of the community; (4) To allow, suffer or permit any stagnant water to accumulate or stand upon the surface of the ground or upon or within any receptacle or structure deposited or erected, either above or below the ground, without exercising necessary precautions to prevent the propogation of mosquitoes therein; (5) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens, rabbits and guinea pigs in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) Any attraction which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures, or any lumber, debris or vegetation, which may prove a hazard for inquisitive minors. (7) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned motor *Cross references—Nuisance control board, § 2-161 et seq.; nuisance animals, § 4-6; noise, Ch. 11; abandoned, wrecked, junked, inoperable, etc., vehicles, § 21-24. State law references—Abatement of nuisances by injunction, F.S. § 60.05; nuisances injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823. Supp. No. 10 735 § 12-1 ATLANTIC BEACH CODE vehicle, icebox, refrigerator, stove, glass, building material, building rubbish, or similar items. (8) To allow, suffer or permit any building or structure which, by act of God, fire, decay or other cause which may become structurally dangerous, unsafe, dilapidated, unsan- itary, or vermin infested to create a hazard to the health or safety of the occupants or the public. (9) For any person owning shopping carts to allow such carts to be removed from the owner's premises unless such person has a written policy in place for the effective retrieval of such carts. The written policy must include provisions for retrieval of shopping carts from public rights-of-way, apartment complexes, undeveloped lots, or other areas within the city, and for retrieval of shopping carts when brought to the attention of the owner by way of complaints from the public or the city. (c) For any person to discharge water from a water -source heat pump onto a public street or storm drainage system unless such discharge is approved by the city. (Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90) Sec. 12-2. Notices, hearings, abatement of conditions. (a) Whenever it is made to appear to the city manager after investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the city manager may, by order in writing, direct any nuisance affecting the sanitary condi- tion of the city or the public health of the city to be abated. The order shall be served upon the owner or occupant or person having the care or custody of the particular property involved, if he is found upon the premises or within the city, or shall be delivered by mail, return receipt requested. In any case where the owner, occupant or custodian cannot be found within the city, after reasonable and diligent inquiry, and whereby the mail is unable to be delivered, the order shall be posted in a conspicuous place upon the premises. The order shall be worded in the manner similar to the following: "Our records indicate that you are the owner(s) and/or occupant(s) of the following property in the City of Atlantic Beach, Florida: (Description of property). Investigation of this property discloses and I have found and determined that a public nuisance exists thereon so as to constitute a violation of Section 12-1 of the Code of the City of Atlantic Beach, and that (description of the conditions which place the property in violation). "You are hereby notified that unless the condition above described is remedied within fifteen (15) days from the date hereof, the city will remedy this condition at a cost of the work plus a charge equal to 100% of the cost of the work to cover City administrative expenses, which will be assessed the property owner or occupant. If not paid within thirty (30) days after receipt of billing, the invoice amount plus advertising costs, will be posted as a lien on the property. Supp. No. 10 736 NUISANCES § 12-3 "Within fifteen (15) days from the date hereof, you may make written request to the city commission of the City of Atlantic Beach for a hearing before that body, for the purpose of showing that the above listed condition does not constitute a public nuisance. City of Atlantic Beach City Manager" (b) Within fifteen (15) days after the mailing, serving or posting of notice to him, the owner and/or occupant of the property may make written request to the city commission for a hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the city and the property owner and/or occupant may introduce such evidence as deemed necessary. (c) If within fifteen (15) days after mailing, serving or posting of the notice, no hearing has been requested, and the condition described in the notice has not been remedied, the city manager shall cause the condition to be remedied by the city at the expense of the property owner and/or occupant. If a hearing has been held and has concluded adversely to the property owner and/or occupant, the city manager or his designee may cause the condition to be remedied by the city at the expense of the property owner and/or occupant unless the city commission otherwise directs. (d) After causing the condition to be remedied, the city manager or his designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the expense plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses, plus advertising cost, shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property which shall be payable with interest at the rate of ten (10) percent per annum from the date of the certification until paid. The lien shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time by payment thereof including accrued interest. Notice of the lien may be filed in the office of the city clerk. (Ord. No. 55-82-20, § 2, 3-22-82) Sec. 12-3. Penalty for violation of chapter. Any person who violates any provision of this chapter shall, on conviction, be fined not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000.00). If any such person shall continue a nuisance after being fined for the same, a new cause of action shall immediately accrue against the person, subjecting the offender to a like penalty as aforesaid. After the rendition of each fine, the continuance of the nuisance shall be deemed a new cause of action. (Ord. No. 55-82-20, § 3, 3-22-82) Supp. No. 10 737 [The next page is 787] Chapter 18 SOLICITORS* Art. I. In General, §§ 18-1-18-15 Art. II. Permit, §§ 18-16-18-21 ARTICLE I. IN GENERAL Sec. 18-1. Defined. The term "solicitor," for the purpose of this chapter, means a person who goes from door to door visiting multifamily or single-family dwellings for the following purposes: (1) To sell any goods, wares or merchandise or accept subscriptions or orders therefor; (2) To accept or request donations for any charitable purpose. The term "hawker," shall mean any person who shall rent or sell or offer to sell at wholesale or retail any commodity, product, goods, wares, or merchandise of any kind from a stand, wagon, parked vehicle, container, push cart or tent upon any street or public property or any vacant private property. (Code 1970, § 21-1; Ord. No. 95-90-46, § 1, 5-29-90) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 18-2. Prohibited acts. No person shall: (1) Enter into or upon residential premises in the city under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares or merchandise; (2) Remain in or on any residential premises after the owner or occupant has requested any such person to leave; (3) Enter upon any residential premises for soliciting, when the owner or occupant has displayed a "no soliciting" or "no peddlers" sign on the premises. (4) Be engaged as a hawker within the corporate limits of the city or on the city beach. (Ord. No. 95-90-46, § 1, 5-29-90) Secs. 18-3-18-15. Reserved. *State law reference—Solicitation of Charitable Funds Act, F.S. § 496.01 et seq. Supp. No. 10 1055 § 18-16 ATLANTIC BEACH CODE ARTICLE II. PERMIT Sec. 18-16. Required. No person shall engage in the practice of soliciting in the city without a permit as provided for in this article. (Code 1970, § 21-6(d)) Sec. 18-17. Registration and fingerprinting required. All persons, before entering into or upon a residential premises within the city for the purpose of soliciting, shall register with the city clerk and furnish him with the following: (1) The name, local and permanent addresses, age, race, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant; (2) The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale; (3) The name and address of the employer or organization represented; (4) A si,ai,emeui, as i.0 wiiei,uer iiie appiieaiii, has ween eunvieLed of any ieiuny 01 uiisue- meanor, and if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor; (5) A complete set of fingerprints taken by the chief of police. (Code 1970, § 21-2) Sec. 18-18. Fees. A fee of five dollars ($5.00) to cover the cost of investigation of the applicant and process- ing of the application shall be paid to the city clerk when the application is filed, and shall not be returnable under any circumstances. (Code 1970, § 21-3) Sec. 18-19. Issuance. Upon furnishing the information and fingerprints required under section 18-17, the applicant shall be issued a permit, unless the information furnished in compliance with this chapter shows that the applicant has been convicted of a crime involving moral turpitude. A permit issued under this article shall be good for one (1) year from the date of issuance, unless earlier revoked as provided in this article. Every solicitor shall carry his permit with him at all times while engaged in soliciting, and shall display the same to any person who shall demand to see the same while he is so engaged. (Code 1970, § 21-4) Sec. 18-20. Revocation. The city clerk or his designated agent shall revoke any permit issued under this article if he finds that the permittee has given false information or has knowingly withheld informa- tion in obtaining the same or upon violation of any portion of this chapter. (Code 1970, § 21-5) Supp. No. 10 1056 SOLICITORS § 18-21 Sec. 18-21. Exceptions. The provisions of this article shall not apply to: (1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; (2) Unpaid members of any civic or charitable organization who are registered as such with the city clerk and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented; (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the city; (4) Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries; (5) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state. (6) Any person exempted by Florida Statutes 205.192. (Code 1970, § 21-7; Ord. No. 95-90-46, § 2, 5-29-90) Supp. No. 10 1057 [The next page is 1107] TAXATION § 20-51 Charitable institutions shall mean only nonprofit corporations operating physical facili- ties in this state at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay; Child care center includes any establishment which provides care for more than five (5) children unrelated to the operator and which received a payment, fee or grant for any of the children receiving care wherever operated and whether operated for profit. The term "child care center" shall include day nurseries, day care services and day care agencies, but not community-based residential facilities; Classification shall mean the method by which a business or group of businesses is identified by size or type, or both; Commission action means that the city commission shall approve the application in a regular meeting before issuance of such license; Department stores shall be construed to mean those stores which carry or sell three (3) or more lines of goods, wares or merchandise subject to license under the provisions of ordinan- ces of the city. Each department shall be licensed separately; Classification shall mean the method by which a business or group of businesses is identified by size or type, or both; Educational institutions shall mean state tax -supported or parochial, church and non- profit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, the department of education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption; Local occupational license shall mean the method by which a local governing authority grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It shall not mean any fees or licenses paid to any board, commission or officer for permits, registration, examination or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, and not in lieu of, any local occupational license imposed under the provisions of this chapter; Person shall mean any individual, firm, partnership, joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary, and shall include the plural as well as the singular; Religious institutions shall mean churches and ecclesiastical or denominational organiza- tions or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church cemeteries; Taxpayer shall mean any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed under the provisions of this article; and the heirs, successors, assignees and transferees of any such person or agent. Supp. No. 10 1161 § 20-52 ATLANTIC BEACH CODE (Ord. No. 45-84-6, § 1, 9-24-84) Cross reference—Definitions and rules of construction generally, § 1-2. State law reference—Similar definitions, F.S. § 205.022. Sec. 20-52. Levy. An occupational license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section, and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the United States 2,onstituticn. (4) Any person who reports himself to be engaged in any profession, occupation or in- dustry for the transaction of which a license is required under this chapter either by exhibiting a sign or advertisement or by advertising in any newspaper or any other publication or by the distribution of any advertising material or in any other way indicating engagement in such business, profession or occupation, regardless of whether any business has actually been transacted or not. (Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-52.1. Inspections. Prior to the issuance of an occupational license, the structure or site designated as the location of the business to be licensed shall receive the inspection and approval of the city fire inspector and building official to verify compliance with city building and fire codes. The fee for such inspection shall be included in the licensing fee hereunder specified. (Ord. No. 45-90-8, § 1, 6-25-90) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-53. Half-year licenses. The city clerk, upon proper showing that the issuance of a license for a full year would work a hardship in any instance during the period from April first to October first, may issue a half -year's license. Persons applying for a license after October first may be issued a half -year's license. (Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Authority for a partial license, F.S. § 205.053(1). Supp. No. 10 1162 TAXATION § 20-57 Sec. 20-54. Due dates and delinquencies; penalties. (a) All licenses shall be sold by the city clerk beginning September first of each year and shall be due and payable on or before October first of each year and shall expire on September thirtieth of the succeeding year. If October first falls on a weekend or holiday, the tax shall be due and payable on or before the first working day following October first. Those licenses not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty of ten (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five (25) percent of the occupational license fee for the delinquent establishment. If license is not paid by January thirty-first, the city clerk shall have city water service disconnected until license fee plus delinquent charges are paid in full. (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required in this article, shall be subject to a penalty of twenty-five (25) percent of the license determined to be due, in addition to the penalty provided by section 1-11. (Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90) State law reference—Similar provisions, F.S. § 205.053. Sec. 20-55. Businesses falling under more than one classification; operating at more than one location. Each license classification and the amount of the license tax, as set forth in this chapter, shall be deemed to be cumulative to any license taxes otherwise imposed, and when any occupation, business, profession or commercial activity shall fall into more than one (1) of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the license requirements of each such classification or provision. Whenever any person operates any of the businesses provided for in this article at more than one location, each location shall be considered a separate business. (Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84) Sec. 20-56. Compliance by licensees. Issuance of a license by the city clerk shall in no wise relieve the holder thereof of responsibility for compliance with all provisions of this Code or other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of the business. (Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84) Sec. 20-57. Transfer. (a) All business licenses may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of the original license and evidence of the sale. Supp. No. 10 1163 § 20-57 ATLANTIC BEACH CODE (b) Upon written request and presentation of the original license, any license may be transferred from one location to another location in the city upon payment of a transfer fee of three dollars ($3.00). (Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Similar provisions, F.S. § 205.043(2), (3). Sec. 20-58. Exemptions. Except from the provisions of this article are those persons exempt under F.S. § 205.063 et seq. Sec. 20-59. Schedule of fees. The amount of license tax which shall be paid by persons engaging in or managing businesses, trades, professions or occupations in the city are as follows: 002 ACCOUNTANT or AUDITOR, each (Certified Public Accountant 2.yLar.s ., nsing by Dcpt,art_me_n_t of Professional Regulation) $ 45.00 004 ADULT DAY CARE (Requires licensing by Department of Health and Rehabilita- tive Services) ADVERTISING: 006A Agency, firm, or corporation, engaged in creation, production or sale of media intended to promote or advertise 006B Outdoor (general license covering all phases of advertisement, as defined in F.S. Ch. 479, relating to outdoor advertisers and including erecting, servicing and maintaining of electrical and neon signs) 006C Billboard, highway and wall signs (covering fabrication, erec- tion and/or maintenance of any type sign which is located on private property, exclusive of neon, which is covered under gen- eral license) Cross reference—Signs and advertising structures, Ch. 17. (See also Contractors.) AIR CONDITIONING: See Contractor. 45.00 140.00 93.50 62.50 008 AIR CONDITIONING/HEATING MAINTENANCE AND REPAIR (Not including sales) 45.00 Supp. No. 10 ALARM SYSTEM: See Contractor. 1164 TAXATION § 20-59 ALTERATIONS: See Tailor. ANIMAL GROOMINGBOARDING: See Pet Grooming/Kennels. 010 ANIMAL CLINIC or HOSPITAL 45.00 (Veterinarian also requires license: See Veterinarian.) ANIMAL DEALER: See Pet Shop. 012A ANTIQUES, furniture, bric-a-brac, paintings, buy and sell 18.50 012B Plus repair, refinishing or upholstering 18.50 014A APARTMENT BUILDING or complex containing 2-6 units 30.00 014B Each additional unit in excess of 6 3.00 APPAREL: See Clothing. APPLIANCE RENTAL: See Furniture Rental. 016 APPLIANCE SALES (with or without service) 18.50 018 APPLIANCE SERVICE and Repair (without retail sales) 30.00 020 APPRAISER of real or personal property 45.00 ARCADE/AMUSEMENT CENTER: See Coin -Operated Machines. 022A ARCHITECTURAL FIRM 022B Architect; each (Requires licensing by Department of Professional Regulation.) 90.00 45.00 024C ART GALLERY or DEALER IN FINE ART, with or without sale of artist supplies 45.00 024D Plus custom or self-service framing 15.00 026 ARTS AND CRAFTS SUPPLIES 45.00 028A ATTORNEY, PROFESSIONAL CORPORATION 93.50 028B ATTORNEY; each 37.50 (Requires licensing by Supreme Court of Florida.) 030 AUCTIONEER with place of business located within municipal limits; (requires licensing by Department of Professional Reg- ulation ) Supp. No. 10 1165 93.50 § 20-59 ATLANTIC BEACH CODE AUTOMOBILE or OTHER VEHICLE sales or leasing agency: 032A Sales, new 45.00 032B Sales, used 18.50 032C Leasing 45.00 032D Paint and body shop 65.00 032E Service or repair garage 65.00 (Maximum license fee for combination of categories not to ex- ceed $200.00.) (Classification includes sale or leasing of automobiles, trucks, vans and other like vehicles but does not include the sale of motorcycles, recreational vehicles or mobile homes.) (Requires licensing by Department of Highway Safety and Motor Vehicles.) AUTOMOBILE or OTHER VEHICLE service, maintenance or re- pair: 034A Car or vehicle wash (requires commission approval) 37.50 034B Customizing/detailing 45.00 034C Gas and oil sales, no service or repair 28.00 034D Machine shop 45.00 034E Paint and body shop 65.00 034F Road service or towing 37.50 034G Service or repair without gas and oil sales 45.00 034H Service or repair with gas and oil sales and with or without incidental sale of tires, batteries or accessories 65.00 034J Service station snack or lunch counter 18.50 034K Stereo installation with or without sale of incidental accesso- ries 45.00 034L Vehicle storage 45.00 Vending machine, each (see coin-operated machines). 034M Other than listed 45.00 (Maximum license fee for combination of categories not to ex- ceed $200.00.) (See also: Convenience store with gas and oil sales.) 036 AUTOMOBILE or OTHER VEHICLE PARTS AND SUPPLIES ... 45.00 038 AUTOMOBILE or OTHER VEHICLE RENTALS or U -DRIVE COM- PANIES 200.00 040 AWNING or TARPAULIN manufacture, sales or installation 45.00 042 BAKERIES (requires food permit from Dept. of Agriculture) 18.50 Supp. No. 10 1166 TAXATION § 20-59 044 BANKS, state or national 250.00 046 BAR, LOUNGE, or TAVERN selling alcoholic beverages intended for consumption on the premises, with sale of food items or nonalcoholic beverages 45.00 048A BARBERSHOP (includes one operator) 45.00 048B Each additional chair 9.00 050A BEAUTY SHOP (includes one operator) 45.00 050B Each additional operator 9.00 050C Manicurist, each 9.00 050D Cosmetologist, each 9.00 050E Tanning facilities 20.00 (Requires licensing by Dept. of Professional Regulation.) 050F Beauty supply shop 45.00 BICYCLES: 052A Rentals only 18.50 052B Repair shop and rentals 28.00 052C Sales and service 45.00 054A BILLIARDS (3 tables) 37.50 054B Each additional table 37.50 056 BOAT SALES, new or used, with or without service 45.00 058 BOOKKEEPING or TAX SERVICE 28.00 060 BOOK STORES or STATIONERS 45.00 BROKERS: 062A Mortgage/moneylenders 300.00 062B Stocks and bonds 45.00 064 BUILDING AND LOAN ASSOCIATION 45.00 066 BUILDING SUPPLIES 18.50 068 BUTCHER or MEAT DEALER, selling fresh meats at retail and paying no other license 45.00 070 CABINET or CARPENTER SHOPS, sales and installations 18.50 Supp. No. 10 1167 § 20-59 ATLANTIC BEACH CODE 072 CANDY or POP CORN SHOPS 45.00 CARPET CLEANERS, see Cleaning or Janitorial Service. 074 CATERING 45.00 076 CEMENT or ARTIFICIAL STONE, manufacture or installation45.00 078 CEMETERY 187.50 080 CERAMICS, SCHOOLS or SALES 45.00 CHILD CARE: See Day Nursery. 082 CLEANING, JANITORIAL or MAID SERVICE, this classification includes carpet cleaning, window -washing and pressure -washing services 45.00 084 CLOTHING STORE, men, women or children 45.00 CLUBS: 086A Nightclub 750.00 086B Private club 93.00 086C Country club 93.00 COIN-OPERATED VENDING MACHINES, AMUSEMENT MA- CHINES or ARCADE: (Definition: Pinball, marble, electronic, music, etc. are classified as amusement machines.) 088A Arcade 250.00 088B Amusement, each machine 28.00 088C Vending: each machine 9.00 090 COMPUTER HARDWARE or SOFTWARE, sales and service 45.00 091 COMPUTER/WORD PROCESSING SERVICE 45.00 CONSIGNMENT or THRIFT SHOP, see Secondhand Merchandise 092 CONSULTANT, not otherwise classified 45.00 CONTRACTORS: 094A General: 1— 10 employees 9.00 094B 11— 20 16.00 094C 21— 30 25.00 Supp. No. 10 1168 TAXATION § 20-59 094D 31- 40 33.00 094E 41- 50 42.50 094F 51-100 137.50 094G 101-150 212.50 094H 151-200 281.00 094J over 201 350.00 094K Air conditioning/heating 45.00 094L Alarm systems 45.00 094M Building 37.50 094N Carpentry 45.00 094P Cement, concrete, stone or brick 93.00 094Q Drywall 45.00 094R Doors, installation and sales 45.00 0945 Dredging 45.00 094T Electrical 93.50 094U Excavation 45.00 094V Fences, metal or wood 37.50 094W Foundation only 45.00 094X Glazing or glass installation 45.00 094Y Insulation 45.00 094Z Irrigation 45.00 095A Landscaping and lot clearing 45.00 095B Marine construction (docks, etc.) 45.00 095C Masonry and ceramic tiles 45.00 095D Mechanical 45.00 095E Minor -Floor coverings, sanding, waxing 37.50 095F Painting or paper hanging 37.50 095G Plumbing, including heat and water pumps 93.50 095H Residential, including home improvements and remodeling 37.50 095J Roofing and siding 37.50 095K Septic tanks 45.00 095L Signs: Fabrication and painting of signs only. (Not to include outdoor erection or maintenance; see also adver- tising.) 28.00 095M Signs, electric, and neon; see also Advertising 45.00 095N Sprinkler system, fire 45.00 095P Steel erection or crane service 45.00 095Q Street paving 45.00 095R Swimming pools 45.00 0955 Tile setting 45.00 095T Tree service or tree surgeon 45.00 095U Waterproofing and weather stripping 45.00 095V Well diggers 37.50 Supp. No. 10 1169 § 20-59 ATLANTIC BEACH CODE 095W Window, sales, installation and service 45.00 095X Other than listed 45.00 096A CONVENIENCE STORE 45.00 096B Plus sale of hot food 20.00 096C Plus sale of gasoline 28.00 098 COSMETICS, retail 18.50 100 COUNSELING, practitioner or therapist 37.50 102 CURIOS, novelties, gift shop 18.50 104 DANCE HALLS or any place of amusement where dancing is per- mitted, including establishments licensed under beverage laws of this state, except ballrooms at motels or hotels 137.50 DANCING SCHOOLS: See Schools. 106 DATA PROCESSING SERVICE, including storage and retrieval service 18.50 108 DAY NURSERY, KINDERGARTEN or CHILD CARE SERVICE (Requires licensing by Department of Health and Rehabilita- tive Services.) 18.50 110 DECORATOR or INTERIOR DESIGN SERVICE 45.00 110 Plus retail sale of home furnishings 45.00 112 DET,TCATFSSEN (Requires food permit issued by Department of Health.) 18.50 114 DELIVERY or MESSENGER SERVICE 18.50 DENTIST: See Physician. 116 DEPARTMENT or VARIETY STORE 18.50 118 DETECTIVE or INVESTIGATIVE AGENCY 45.00 (Requires licensing by Department of State except as exempted by Florida Statutes.) Supp. No. 10 1170 TAXATION § 20-59 120 DETECTIVE or INVESTIGATOR guaranteeing protection for com- pensation or making personal or commercial investigations or acting as process server, each (Requires licensing by Department of State except as exempted by Florida Statutes.) DEVELOPMENT COMPANY: See Land Development Company. 45.00 122A DIET CENTER or WEIGHT -REDUCTION COUNSELING 45.00 122B Plus exercise equipment or facilities 20.00 DRESSMAKER: See Tailor. 124 DRUGSTORE or PHARMACY, with or without sundries (Pharmacist requires licensing by Dept. of Professional Regula- tion ) DRY CLEANER or PRESSING SERVICE: See Laundry. DRYWALL: See Contractor. EATING PLACES: Restaurant, cafe, snack bar, dining room, or other public eating place, whether operated in conjunction with some other line of business or not, except dining rooms in li- censed public lodging establishments. 18.50 126A 1— 30 seats 18.75 126B 31— 74 seats 28.00 126C 75-149 seats 42.50 126D 150 or more seats 56.00 126E Snack counters 18.75 126F Take-out service only 18.75 126G Drive-in service only 28.00 EDUCATIONAL or INSTRUCTIONAL ESTABLISHMENT: 128A Arts and crafts 30.00 128B Business or secretarial 30.00 128C Dance, music or fine arts 18.75 128D Trade or technical 30.00 128E Other than listed 45.00 (Not to include accredited educational institutions exempted by Florida Statutes from licensing tax.) (Business, technical and trade schools require licensing by De- partment of Education.) (See also Karate.) Supp. No. 10 1171 § 20-59 ATLANTIC BEACH CODE ELECTRICAL APPLIANCES: See Appliances. ELECTRICIAN: See Contractor. 130 ELECTRONIC EQUIPMENT or SUPPLIES sales and service 45.00 132 EMPLOYMENT AGENCY 45.00 134 EMPLOYMENT CONTRACTOR or TEMPORARY HELP SERVICE 45.00 136A ENGINEERING or SURVEYING FIRM 90.00 136B Engineer or surveyor, each (Requires licensing by Dept. of Professional Regulation.) 37.50 138 ENGINE or MOTOR sales or repair 45.00 140 EQUIPMENT RENTAL not listed elsewhere in this schedule 45.00 EXPRESS or PARCEL DELIVERY COMPANY: See Delivery Com- pany. 142 EXTERMINATOR or PEST CONTROL SERVICE (Requires licensing by Dept. of Health and Rehabilitative Ser- vices.) 45.00 144 FABRIC SHOP, yard goods and supplies 45.00 FENCE COMPANY: See Contractor. 146 FINANCIAL CONSULTANTS 45.00 148 FISH or SEAFOOD MARKET, retail or wholesale sales 18.50 150 FISHING BAIT, TACKLE AND SUPPLIES 45.00 151 FISH: TROPICAL/AQUARIUM 45.00 152 FLOOR COVERINGS, sales of carpet, tile, vinyl, etc. (See also Contractor.) 45.00 154 FLORIST, cut flowers, plants and gifts, not including landscaping18.50 156 FUEL OIL SERVICE 62.50 Supp. No. 10 1172 TAXATION § 20-59 158 FUNERAL HOME (Requires licensing by the Dept. of Professional Regulation.) 250.00 160 FURNITURE, sales 18.50 162 FURNITURE, rental, including appliances 45.00 164 FURNITURE, repair, refinishing, upholstering 45.00 166 GAS DEALERS, bottled, tank or otherwise ......................... 45..00` 168GIFT' or GREETING CARD SHOP 18.50 170 GLASS, AUTO, PLATE, WINDOW or MIRROR 45.00 172 GLASS COATING or TINTING 45.00 174 GROCERIES, MEAT AND FISH MARKETS 18.50 176 GROCERY STORE 45.00 178 GUNS or FIREARMS DEALER (Federal firearms license required for sale of all firearms.) 45.00 180 HARDWARE STORE 18.50 182 HEALTH FOOD STORE 45.00 184 HEARING AID CENTER 45.00 HEATING AND AIR CONDITIONING: See Contractors. 186 HOTEL, MOTEL AND ROOMING HOUSES, per room 7.00 (State License required.) HOME IMPROVEMENT: See Contractors. HOUSE CLEANING: See Cleaning or Janitorial Service. 188 HOUSE MOVERS 187.50 190 ICE CREAM or frozen desserts vendor selling from cart, wagon or other vehicle (Requires licensing by Division of Hotels and Res- taurants.) (Must comply with Ordinance No. 95-90-46) Supp. No. 10 1173 18.50 § 20-59 ATLANTIC BEACH CODE 192 ICE CREAM PARLOR (Requires licensing by Dept. of Agriculture and Consumer Ser- vice INCOME TAX SERVICE: See Bookkeeper. INSULATION: See Contractor. 45.00 194A INSURANCE AGENCY including one agent or solicitor 18.50 194B Agent, each additional 18.50 (Requires licensing by Dept. of Insurance.) 194C INSURANCE COMPANY transacting any class of insurance upon any person or property within the municipal limits of the City of Atlantic Beach, whether or not maintaining a place of busi- ness within the municipal boundaries (T3Prn,irPs lirancinct by Tlent. of Tnsnranra.l 140.00 INTERIOR DESIGN: See Decorator. IRRIGATION: See Contractor, Irrigation. INVESTIGATOR: See Detective. INVESTMENT COMPANY: See Broker. 196 JEWELERS, retail, repair and service 18.50 JUKE BOX: See Coin -Operated Machines. 198 JUNKYARDS/AUTO SALVAGE YARD 250.00 200 KARATE or MARTIAL ARTS INSTRUCTION 45.00 KENNELS: See Pet Grooming/Boarding. KINDERGARTEN: See Day Nursery. 202 LAND DEVELOPMENT COMPANY 45.00 LANDSCAPING: See Contractors. Supp. No. 10 1174 TAXATION § 20-59 LAUNDRY: 204A Laundromat, self-service 45.00 204B Laundry, including dry cleaning 37.50 204C Laundry only 37.50 208 LAWN or YARD SERVICE 30.00 LAWYER: See Attorney. 210 LINEN SUPPLY, RENTAL OF LINENS, ETC 37.50 212 LIQUOR STORE, retail sale not for consumption on premises 45.00 214 LOAN COMPANY 250.00 216 LOCKSMITH 45.00 218 LUMBER DEALERS/YARD 45.00 220 MACHINE, REPAIR, FABRICATION or WELDING SHOP (See also Automotive Service, Maintenance or Repair.) 45.00 222 MAIL ORDER or CATALOG SALES BUSINESS 45.00 MAIL SERVICE: See Packing and Shipping. 224 MANAGEMENT COMPANY engaged in operations, administra- tion or provision of support services for the purpose of managing the property or business of another person, firm or corporation. 45.00 226 MANUFACTURER, not listed elsewhere in this schedule 45.00 228 MANUFACTURER'S AGENT or REPRESENTATIVE 45.00 MARINE CONSTRUCTION: See Contractor. 230 MARINE EQUIPMENT AND SUPPLIES, sales and service 45.00 232 MARINE EQUIPMENT service or repair without retail sales 45.00 MASONRY: See Contractor. MARTIAL ARTS: See Karate. MEATS: See Butcher. Supp. No. 10 1175 § 20-59 ATLANTIC BEACH CODE 234 MEDICAL OFFICE or CLINIC (Physician's assistant requires certification by Department of Professional Regulation.) (See also Physician.) 90.00 236 MERCHANT not listed elsewhere in this schedule 45.00 MESSENGER: See Delivery Service. 238 MISCELLANEOUS: Any business, profession or occupation not clas- sified herein 45.00 240 MOBILE HOME or RECREATIONAL VEHICLE DEALER (Includes setup operations.) (Requires licensing by Dept. of Highway Safety and Motor Ve- hicles.) MOBILE TELEPHONE EQUIPMENT: See Communications Equip- ment. 45.00 MORTGAGE BROKER: See Broker. MOTEL: See Hotel. 242 MOTION PICTURE ESTABLISHMENT, per theatre 30.00 MOTOR: See Engine or Machine. 244 MOTORCYCLE REPAIR SHOP without retail sales 45.00 245 MOTORCYCLE SALES, new or used, with or without service 45.00 MOTOR VEHICLES FOR HIRE: See Auto Rentals or Taxi. 246 MUSIC SHOP including sales, rental or repair of instruments 18.50 NEWSPAPERS: 248A Branch office 93.50 248B Publishing 150.00 248C Newspapers, magazines, periodicals stand 18.50 Supp. No. 10 NURSERY, DAY: See Day Nursery. 1176 TAXATION § 20-59 250 NURSERY or GARDEN CENTER, wholesale or retail sale of plants, trees, shrubs or other such stock. (Requires Certificate of Registration with Department of Agri- culture and Consumer Services.) 45.00 254 NURSING HOME 45.00 256 OFFICE EQUIPMENT or SUPPLIES, sales or service 45.00 OFFICE FURNITURE: See Furniture. OIL CHANGE, AUTOMOBILE: See Automobile. 258 OPTICAL DEVICES, EQUIPMENT AND SUPPLIES 45.00 260 OPTICIAN, OPTOMETRIST or OPHTHALMOLOGIST, each 37.50 (Requires licensing by Dept. of Professional Regulation.) (See also Medical Office.) 262 PACKING AND SHIPPING or MAIL SERVICE 45.00 PAINT, RETAIL: See Building Supplies or Arts and Crafts Sup- plies. PAINTER or PAPERHANGER: See Contractor. 264 PAWNBROKER or PAWNSHOP 45.00 PETROLEUM PRODUCTS AND FUEL OIL: See Fuel Oil Service 266 PET GROOMING 45.00 268 PET SHOPS or KENNELS 45.00 270 PHOTOGRAPHER with or without established place of business. 45.00 272 PHOTOGRAPHIC EQUIPMENT or SUPPLIES, sales 45.00 274 PHOTO PROCESSING SERVICE 45.00 276 PHYSICIAN, each (Classification includes anesthesiologists, dentist, dental hy- gienist, radiologists, psychiatrists, and all others licensed to practice medicine in this state.) Supp. No. 10 1177 § 20-59 ATLANTIC BEACH CODE (Requires licensing by Dept. of Professional Regulation.) (See also: Medical Office or Veterinarian) 37.50 278 PIANO TUNER 25.00 PLUMBER: See Contractor. 280 PLUMBING FIXTURES AND SUPPLIES, sales 18.50 POOL SERVICE: See also Swimming Pool Maintenance. 282 PRINT SHOP or PRINTER engaged in job printing 45.00 PRO SHOP: See Sporting Goods. 284 PROCESS SERVER not included in licensed business 45.00 286 RADIO STATION or BROADCASTING COMPANY 45.00 288 RADIO, TELEVISION AND ELECTRONIC SHOP, including sales45.00 290A REAL ESTATE AGENCY 45.00 290B Real estate broker 28.00 290C Sales agent 18.50 (Requires licensing by Dept. of Professional Regulation.) REAL ESTATE DEVELOPER: See Land Developer. 292 RECORDS, TAPES AND COMPACT DISCS, sales 18.50 REFRIGERATORS AND FREEZERS, Service and Repair: See Ap- pliances. 294 REPAIRMEN AND REPAIR SHOPS (Repairing household furni- ture and appliances.) (See also Appliance Repair.) 45.00 296 RECYCLING COMPANY 45.00 RESTAURANT: See Eating Places. ROOFING: See Contractor. 298 SAVINGS AND LOAN ASSOCIATION or INSTITUTION 250.00 Supp. No. 10 1178 TAXATION § 20-59 SCHOOLS: See Day Nursery or Educational or Instructional Estab- lishment. SEAMSTRESS: See Tailor. - 300 SECONDHAND MERCHANDISE, store or dealer 18.50 302 SECURITY SYSTEM sales, installation and service including safes, vaults, burglar alarms and other security devices 45.00 304 SEPTIC TANK AND SYSTEM CLEANING 45.00 SEPTIC TANK INSTALLATION: See Contractor. SERVICE STATION: See Auto. 306 SEWING MACHINE sales and service, with or without sale of fab- rics, notions and sewing supplies 45.00 308 SHOE REPAIR SHOP 37.50 310 SHOE SALES 45.00 SIGN PAINTER or INSTALLER: See Contractor. 312 SOLICITATION, home solicitation or sales other than by telephone (Subject to provisions of Chapter 18 of the City Code.) (Plus $5.00 to cover the cost of investigation in accordance with Section 18-18 of the City Code.) 5.00 314 SPORTING GOODS 45.00 SPRINKLER SYSTEM, FIRE: See Contractor. SPRINKLER SYSTEM, LAWN: See Contractor, Irrigation. 316 STORAGE WAREHOUSE or MINI -WAREHOUSES 45.00 SURF SHOP: See Sporting Goods. SWIMMING POOL INSTALLATION: See Contractor, Swimming Pool. 318 SWIMMING POOL MAINTENANCE, service without retail sales. 45.00 Supp. No. 10 1179 § 20-59 ATLANTIC BEACH CODE 320 TAILOR 25.00 322.00 TANNING SALON 45.00 TAXICAB or VEHICLE FOR HIRE: 324A First taxicab 28.00 324B Each additional taxicab 9.00 326 TELEGRAPH SERVICE 45.00 328 TELEPHONE ANSWERING SERVICE 45.00 TELEPHONE COMPANY, subject to franchise: 330A First 1,000 phones for instruments or fraction thereof, per phone or instrument operated or installed .075 330B Second 1,000 phones or instruments or fraction thereof over 1 000. par phone or instrument, nnPraterl nr installed .06 330C All over 2,000 phones or instruments, per phone or instrument operated or installed .045 TEMPORARY EMPLOYMENT SERVICES: See Employment Con- tractor. 332 TELEVISION or RADIO sales and service 45.00 334 TELEVISION or RADIO service or repair without retail sales 45.00 TELEVISION or RADIO RENTAL: See Furniture Rental. THEATRE: See Motion Picture Establishment. THERAPIST: See Counseling. THRIFT SHOP: See Secondhand Merchandise. 336 TITLE COMPANY 45.00 TIRE DEALER: See Automobile or Other Vehicle Service. 338 TOBACCO PRODUCTS 45.00 TOWING or WRECKER SERVICE: See Automotive Service. 340 TOY SALES 45.00 Supp. No. 10 1180 TAXATION § 20-59 TRAILER PARK or TOURIST CAMP: 342A 1-10 trailer spaces . - 45.00 342B 11-20 trailer spaces 65.00 342C 21 or more trailer spaces 93.50 344 TRAVEL AGENCY 50.00 TREE SERVICE or TREE SURGEON: See Contractor. 346 TROPHY or AWARDS sales with or without engraving service 45.00 TRUCKS: See Automobiles or Other Vehicles. 348 TYPEWRITER or OTHER OFFICE MACHINE repairman not in- cluded in other licensed business 25.00 TYPEWRITERS: See Office Equipment. UNDERTAKER: See Funeral Home. 350 UPHOLSTERER 45.00 352 VACUUM CLEANER sales, service or repair 45.00 VARIETY STORE: See Department Store. VAULTS: See Security Systems. 354 VENDING MACHINE dispensing merchandise of any kind not in- cluding machines classified as Amusement Devices or Coin - Operated Devices 9.00 356 VETERINARIAN or VETERINARY SURGEON, each (Requires licensing by Dept. of Professional Regulation.) 37.50 VIDEO GAME CENTER: See Coin -Operated Machines. 358 VIDEO TAPE RENTALS AND CLUBS 45.00 VITAMINS: See Health Food Store or Drugstore. 360 WALL COVERING or WINDOW TREATMENT, sales or installa- tion 45.00 Supp. No. 10 1181 § 20-59 ATLANTIC BEACH CODE WAREHOUSE or STORAGE FACILITY LEASING: See Storage. WATCH or CLOCK SHOP: See Jewelry, Watch or Clock. 362 WATER COMPANIES, BOTTLED or BULK, sale or delivery 45.00 364 WATER SOFTENING AND CONDITIONING equipment sales, ser- vice or supplies 45.00 WELDING: See Machine Shop. WELL DRILLING: See Contractor. WINDOW WASHING: See Cleaning Service. YARD MAINTENANCE: See Lawn Service. (Code 1970, § 10.5; Orr]. Nn. A5_80_4 Q_R-R0; Orri No dF_Rd_F § 1 q_9d_Rd; Ord Nn AN -RR -7, S 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of one (1) percent of the gross amount of receipts of premiums from policyholders on all premiums collected on casu- alty insurance policies, covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—Authority for this section, F.S. § 185.08. Sec. 20-77. Property insurance. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of two (2) percent of the gross amount of receipts of Supp. No. 10 1182 TAXATION § 20-78 premiums from policyholders on all premiums collected on property insurance policies cover- ing property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—State law reference—Authority for this section, F.S. § 175.101. Sec. 20-78. Payment date. The license or excise taxes levied in section 20-76 or 20-77 shall be due and payable annually on the first day of March of each year. (Ord. No. 45-80-4, 9-8-80) Supp. No. 10 1183 [The next page is 1221] TRAFFIC AND MOTOR VEHICLES § 21-20 prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking permit as required by state law. a. A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disabled person, and no penalty shall be imposed upon the driver for this momentary parking. b. A person convicted of violating these provisions regarding parking spaces desig- nated for disabled persons shall be punished by a fine of two hundred and fifty dollars ($250.00). c. All fines collected for violations regarding parking spaces designatedfor disabled persons shall be distributed as follows: 1. Thirty-five (35) percent shall be placed in a separate account of the city to expended only to improve accessibility and equal opportunity to qualified physically disabled persons in the city and to provide funds to conduct public awareness programs in the city concerning physically disabled persons. These funds shall be appropriated by the city commission prior to expenditure, but shall not lapse at the end of any fiscal year and shall remain available for expenditure for the purposes stated herein. 2. . The remaining percentage of the fines collected shall be distributed as pro- vided by law. (Ord. No. 75-82-3, § 2, 4-12-82; Ord. No. 75-90-8, § 1, 2-26-90) State law reference—Similar provisions, F.S. § 316.1945. Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75-82-3, § 3, 4-12-82) Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected, no person shall park a vehicle in such a designated place. (Ord. No. 75-82-3, § 4, 4-12-82) Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (Ord. No. 75-82-3, § 5, 4-12-82) Supp. No. 10 1223 § 21-21 ATLANTIC BEACH CODE Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of: (1) Displaying it for sale; or (2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. No. 75-82-3, § 6, 4-12-82) Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements. (a) No person shall stop, stand, or park a bus or commercial vehicle in excess of eighteen thousand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or any component part thereof, except for the purpose of loading and unloading. Component part shall include the tractor unit or trailer unit of tractor -trailer type truck. (1) Upon any street or right-of-way; (2) Upon any private property in a residential zone. (b) No person shall stop, stand, or park a recreational vehicle, camper; travel trailer, equipment trailer, boat, or trailer, or commercial vehicle in excess of ten thousand (10,000) pounds gross vehicle weight upon any street or right-of-way. (Ord. No. 75-82-3, § 7, 4-12-82) Sec. 21-23. Parking more than seventy-two hours prohibited. No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of seventy-two (72) hours. (Ord. No. 75-82-3, § 8, 4-12-82) Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared un- lawful; exception; nuisance declared. (a) Abandoned property. Florida Statute Chapter 705 is hereby adopted by reference in its entirety as if fully set forth herein. (1) Abandoned property on private property; procedures for removal thereof. a. Whenever the enforcement officer, Atlantic Beach police officer or Atlantic Beach code enforcement officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Atlantic Beach in violation of any zoning ordinance or regulation, anti -litter ordinance or regula- tion, or other similar ordinance or regulation of Atlantic Beach, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: Supp. No. 10 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief 1224 TRAFFIC AND MOTOR VEHICLES § 21-25 description) located at (setting forth brief description of location) is improp- erly stored and is in violation of (set forth ordinance or regulation violated) and must be removed within ten (10) days or, if the property is a boat, thirty (30) days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Atlantic Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (Set forth date of posting of notice). Signed: (Set forth name, title, address and telephone number of enforcement officer). Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, and on or before the date of posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located as shown by the real estate tax record used by the City of Atlantic Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to as,:ertain the name and address of the owner and shall mail a copy of the notice to such owner. b. If at the end of ten (10) days (or if the property is a boat, thirty (30) days) after posting such notice, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the City of Atlantic Beach to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction is paid by the owner, in which case the salvage value may be deposited in the local government general fund. (b) Nuisance declared. To accumulate or store one (1) or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. (Ord. No. 75-82-3, § 9, 4-12-82; Ord. No. 75-85-4, § 1, 3-11-85; Ord. No. 75-88-7, § 1, 9-12-88) Cross reference—Nuisances, Ch. 12. Sec. 21-25. Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: Supp. No. 10 1224.1 § 21-25 ATLANTIC BEACH CODE (1) When a vehicle is left unattended: a. On a sidewalk; b. In front of a public or private driveway upon complaint; c. Within fifteen (15) feet of a fire hydrant; d. Within an intersection; e. On a crosswalk; or f. Alongside or opposite any street excavation or obstruction when stopping, stand- ing, or parking would obstruct traffic. Supp. No. 10 1224.2 Chapter 23 VEGETATION* Art. I. In General, §§ 23.1-2345 Art. II. Tree Protection, §§ 23-16-23-35 Art. III. Accumulation of Weeds, §§ 23-36-23-40 ARTICLE I. IN GENERAL Secs. 23.1-23-15. Reserved. ARTICLE IL TREE PROTECTIONt Sec. 23-16. Definitions. The following words and phrases, when used herein, sha lhavethe meanings respectively ascribed to them: Construction: Includes erecting structures and buildings, placement of utilities, paving, topographical changes and installation of drainage. DBH: The diameter breast height measured in inches at 4.5 feet above ground level. Designee: An appointed representative. Developerlbuilderlcontractor: Any person, firm or other legal entity that purchases, agrees to purchase or otherwise holds an interest in real property with the intent to, or, in fact does develop said property for any construction (by himself or others) thereon for which an appli- cation for a building permit will ultimately be required. Development, redevelopment, renovating: Any construction for which an application for a building permit must be made prior to initiation of any improvement. Also, in the case of vehicular -use paving, any preparation or pavement (concrete or asphalt) of a site intended for any type of vehicular use. Dominant species: The specie occurring most frequently. Dripline: An imaginary line extending perpendicularlydown from the outer-most branches of a tree. n the Excavation: The act of digging, cutting or scooping soil or in any way changing existing grade of the land. *Cross reference—Streets, sidewalks and other public places,Ch.Ch. 19. 1990, has been treated as 'Editor's note—Ord. No. 95-89-44, § 1, adopted January superseding the provisions of former hee Code of 23-16-23-19. 1970 §§ The of oTesa said were concerned with similar provisions, and derived from Supp. No. 10 1351 § 23-16 ATLANTIC BEACH CODE Hazardous.. A danger by virtue of location and/or presence of defects. Municipal: Of or belonging to the city. Park: All public parks owned by the city. Positional conflict: By virtue of its location, the tree's dripline is encroached upon by site alterations. Property owner: The person owning the property as shown in the county tax roles. Protective barrier: A man-made barricade to prevent disturbance of the tree's growing environment. Public place: All grounds owned by the city. Razing: To scrape, cut or otherwise remove existing trees. Site alterations: Any manmade change, disturbance or damage to the existing topography or trees. Street: The entire width of public right-of-way. Tree: Any self-supporting woody plant of a species which normally grows to an overall height of a minimum of fifteen (15) feet in this area,'and is six (6) inches or larger in diameter at four and one-half (41/2) feet from the ground. Tree removal: Any act causing the death and/or elimination of a tree. Unique or special characteristic. A tree of unusual species, configuration, size, age or historical background, including but not limited to a liveoak, cypress or magnolia tree of thirty (30) inches or more in DBH. (Ord. No. 95-89-44, § 1, 1-8-90) See, 23-17. Tree conservaliun board. (a) There is hereby created an administrative body to be known as the tree conservation board composed of five (5) citizens of the city. Each member shall be appointed and approved by the city commission. An ex officio member shall be an individual trained in arboriculture, landscape architecture, forestry or some other closely related field. (b) All members of the board will serve without pay. The members shall be appointed as follows: Two (2) for two (2) years and three (3) for three (3) years and serve until their successors are duly appointed and approved by the city commission. Successors to the original members shall thereafter be appointed for terms of three (3) years. Vacancies caused by death, resig- nation or otherwise, shall be filled immediately for the unexpired term in the same manner as the original appointments are made. Members of the board may seek reappointment but they shall not serve more than two (2) consecutive terms. Supp. No. 10 1352 VEGETATION § 23-19 (c) Upon appointment and approval to the board, the members shall meet and organize by the election of a chairman and secretary. Rules and procedures shall be adopted for the holding of regular and special meetings as the board shall deem advisable and necessary in order to carry out its responsibilities. (d) It is the intent that at least two (2) members of the board, if possible, be engaged in a business in the city. (e) The board or its designee, shall have the authority to issue permits and grant excep- tions in accordance with the provisions of this chapter. The board, or its designee, shall have the authority of regulating the protection, maintenance and removal of trees on all publicly and privately owned property as defined herein. The board or its designee, shall have the authority to supervise or inspect all work done under a permit issued in accordance with the provisions of this chapter in the event any false statement or misrepresentation lead to the issuance of the permit. s or at (f) The board shall hold bimonthly relevant to its responsibilities. bil thes. The board shall monitor er times established by the board, to discuss issues and projects the status of tree care in the city and submit an annual report to the city commission dis- cussing progress, problems and needs relevant to tree protection, maintenance, removal and planting. The board shall review tree inspection reports as called for section in 23-21. The board shall authorize or deny requests for tree removal as called for in section 23-23. The board shall authorize or deny requests for exception as called for in section 23-25. The board shall disseminate news and information to the public regarding the protection, maintenance, re- moval and planting of trees. The board shall prepare a list of trees suitable for planting street rights-of-way, parks, and other public places and certain private property as may be needed. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-18. Permit applications. Any person required to obtain a permit as specified by the provisions of this chapter shall make application for same by filing a written application at city hall. The application shall require a written statement indicating the reason the permit is being sought and justification for action requested, and any other data required by the tree board and reasonably necessary to carry out its duties herein. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-19. Jurisdictional zones. The following tree protection zones wherein permits are required are hereby established: (1) Primary zone: The right-of-way of all public streets (except for a ten (10) foot clearance zone allowed for existing electrical power lines), municipal parks, and all other mu- nicipally owned property. (2) Secondary zone: All property planned for, or under development, redevelopment, razing or renovating. A person who presently lives in his home on said lot shall be exempt. Supp. No. 10 1353 § 23-19 ATLANTIC BEACH CODE (3) Tertiary zone: Presently developed and occupied commercial or industrial property. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-20. Tree protection practices which shall be adhered to by applicants and persons subject to this chapter. (a) Prior to making site alterations within any tree protection jurisdiction zone the party proposing the site alterations, or his designee, shall conduct a thorough tree inspection and written report of the site under consideration. The purpose of the inspection is to evaluate the condition of the trees and identify those best suited for preservation. The person performing such task shall be an individual trained in arboriculture, landscape architecture, forestry or other closely related field. (b) Temporary protective barriers shall be erected around trees identified for preservation where positional conflicts with site alteration exists. The barrier shall not be less than ten (10) feet from the trunk, or a distance in feet from the trunk equal to the trunks DBH measured in inches, whichever is best for the tree, and may not be removed until all construction is complete. (c) Grade changes within the dripline of a tree shall be minimized or avoided. (d) No construction material, equipment, chemical, fill dirt or other material shall be stored, or temporarily placed within the dripline of a tree. (e) When excavation or paving occurs within a radius of ten (10) feet from a tree, said tree shall be identified in a special manner on the tree survey. (f) Vehicle movement shall be confined, as much as possible, to identified corridors of ingress and egress. (g) No wires, advertising posters, building permits or other contrivance shall be attached to trees. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-21. Tree inspection reports. Site alteration within tree protection jurisdiction zones shall be outlined in the tree inspection report. Compiling the information for the report is the responsibility of the person proposing the site alteration. The report shall be submitted to the tree conservation board for review and comment prior to making site changes. The report shall contain the following information: (a) A description of the general vegetative characteristics of the site including the fol- lowing: (1) Dominate species of trees; (2) Estimation of average number of trees per acre; and (3) Overall condition of the trees and their approximate age. Supp. No. 10 1354 VEGETATION § 23-23 (b) A description of the criteria used in selecting trees for preservation. (c) A description of tree preservation measures that will be implemented. Also included shall be a schedule of when tree preservation measures will be implemented. (d) Site plot plan with location of proposed structures and other planned features. (e) A description of grade changes and their location. (f) A description of alterations to the natural drainage pattern. (g) Location of vehicle ingress and egress corridors. (h) A description of temporary protective barriers that will be used to protect trees in positional conflict with site development. (i) Location of staging areas where equipment and material will be stored. (j) Location and manner in which advertising posters, building permits, bench marks and other such items will be displayed. occur in (k) At a minimum, a tree survey sowing alllhmbs within ten (0)ees rein construction feet of construction shall alsohbe the area of the dripline. Trees with indicated. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-22. Inspections. The city shall have the authority to perform at least two (2) inspections of the subject property during development for the purpose of ensuring compliance with this chapter. The applicant must pass inspections before further work is performed on the project. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-23. Tree removal. (a) No tree shall be removed from the primary jurisdiction zone without first obtaining a permit from the tree conservation board, or its appointed designee. (b) No tree with a DBH of six (6) inches or larger shall be removed from the secondary or tertiary jurisdiction zone without first obtaining a permit from the tree conservation board, or its appointed designee, except a person who presently lives in his home on a lot in a secondary zone shall be exempt. (c) No tree of unique or special characteristic as defined herein shall be removed from any jurisdiction zone without first obtaining a permit from the tree preservation board, or its appointed designee. (d) A dead or hazardous trees may be removed from either jurisdiction zone without a permit from the tree conservation board if a designee of the board has confirmed in writing the tree is indeed dead or hazardous prior to its removal, and the location of same is established. (Ord. No. 95-89-44, § 1, 1-8-90) Supp. No. 10 1355 § 23-24 ATLANTIC BEACH CODE Sec. 23-24. Tree maintenance. No person shall perform any tree surgery or maintenance work on any tree in the primary jurisdiction zone without first obtaining a permit from the tree conservation board, or its designee. Prior to completion of a development, proper pruning may be performed. However, public rights-of-way within ten (10) feet of existing electrical power lines shall be exempt from this requirement, but a permit shall be obtained for the construction of new power lines. If a permit is issued, the person receiving such permit shall abide by the specifications and stan- dards prescribed by the tree conservation board, or its designee, and shall as a condition of such permit agree to hold harmless the city and its officials from any and all liability which might result from the work or activity authorized. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-25. Exceptions. Requests for modification of the standards of this chapter shall be made to the tree conservation board. Upon receipt of such a request, the board shall thoroughly consider its merit and render a tlanicinn= ( a Ey _, The .r ay b. se request shall clearly and in detail state what modification or exception is being sought and the reasons such a request is war- ranted. The board may grant, modify or deny the request based on protection of the public's interest, preservation of the intent of this chapter or possible reasonable or unnecessary hardship involved in the case. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23.26. Appeals. A decision of the tree conservation board may be appealed to the city commission. An aggrieved party may appeal the board's decision provided they file a written request for an appeal containing the reasons therefor within ten (10) days after the board's decision. Such review shall be heard by the city commission within thirty (30) days thereafter and their decision shall be final. Further appeals shall be made to a court of competent jurisdiction. (Ord. No. 95-89-44, § 1, 1-8-90) Sec. 23-27. Violations. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished according to law. In addition, the person shall replace the tree with a size and species recommended by the tree conservation board. Each tree affected by noncompliance with this chapter shall constitute a separate violation. Violation of this chapter shall be the basis of withholding a final inspection permit and certificate of occupancy until such violation is corrected to the satisfactionof the tree conservation board, the city commission or the courts, whichever is applicable. (Ord. No. 95-89-44, § 1, 1-8-90) Secs. 23.28-23-35. Reserved. Supp. No. 10 1356 VEGETATION § 23-40 ARTICLE III. ACCUMULATION OF WEEDS* Sec. 23-36. Height of growth. No owner or person in control of any lot, place or area within the city, or the agent of the owner or person in control, shall permit on such lot, place or area, or upon any abutting area between the right-of-way line/property line, any weeds, grasses or other deleterious, un- healthful growth to exceed a height of twelve (12) inches. Exceptions to the provisions of this article shall apply to those properties located in undeveloped areas of the city which are at least twenty (20) feet from the nearest occupied residential or business property, and which are at least twenty (20) feet away from an adjoining right-of-way in which there is a paved street. (Ord. No. 55-82-19, § 1, 3-22-82) Sec. 23-37. Notice to cut, destroy, etc. The city manager or his designee annually or near the commencement of the growing season, shall notify by general publication in a newspaper published within the city, all such owners, persons in control, or agents to cut, destroy, or remove any such weeds, grass, growth or matter found growing, or located on such property. (Ord. No. 55-82-19, § 2, 3-22-82) Sec. 23-38. Action upon noncompliance. Upon the failure, neglect, or refusal of any such owner, person in control, or agent, so notified to cut, destroy or remove any such weeds, grass, growth, after publication of a notice provided in section 23-37 above, the city or its authorized agent shall cut, destroy or remove any weeds, grass, growth or matter, and any expense incurred by the city or its authorized agent in doing so shall be charged against the property owner, person in control, or agents so failing, which charge may be recovered; provided, that no land clearance made necessary by excessive growth shall be done unless the city or its authorized agent shall first post a notice on the property to clear the excessive growth and the owner, person in control, or agent shall have seven (7) days after such notice to so clear the land. (Ord. No. 55-82-19, § 3, 3-22-82) Sec. 23-39. Removal by city. If, within seven (7) days after posting of the notice and the condition described, the notice is not then remedied, the city manager shall cause the condition to be remedied by the city at the expense of the property owner. (Ord. No. 55-82-19, § 4, 3-22-82) Sec. 23-40. Payment of charges, special assessment liens. After causing the condition to be remedied, the city manager or his designee shall certify to the finance department the expense incurred in remedying the condition, whereupon such *Cross reference—Refuse and garbage, Ch. 16. Supp. No. 10 1357 § 23-40 ATLANTIC BEACH CODE expense, plus a charge equal to one hundred (100) percent of the expense to cover city admin- istrative expenses, plus advertising costs, shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at a rate of ten (10) percent per annum from the date of the certification until paid. (Ord. No. 55-82-19, § 5, 3-22-82) Supp. No. 10 1358 [The next page is 1403] ZONING AND SUBDIVISION REGULATIONS § 24-17 lot line, or any map or plan legally recorded prior to the adoption of any regulations control- ling the subdivision. Right-of-way shall mean the area of a highway, road, street, way, parkway or other such strip of land reserved for public use, whether established by prescription, easement, dedica- tion, gift, purchase, eminent domain or any other legal means. Rowhouse. See Townhouse. Screening shall mean either: (1) A strip of at least ten (10) feet wide, densely planted, or having equivalent natural. growth, with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six (6) feet high; or (2) An opaque wall or barrier or uniformly painted fence at least six (6) feet high. Either (1) or (2) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: for each en- trance, one (1) directional arrow with the name of the establishment with "For patrons only" or like limitation, not to exceed over two (2) square feet in area, which shall be nonilluminated. Where required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining nearby properties. Seat shall mean for purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs. Secondary dwellings shall mean a subordinate building the use of which is restricted to lots which extend from street to street having a width of fifty (50) feet or more, and which is to be erected in the rear of a principal dwelling. Service station, automotive shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed general automotive servicing, as distinguished from automotive repairs. Setback shall mean the distance between the lot line and the building setback line. Setback line. See Building setback. Shopping center shall mean a group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in location, size and type of shops to the trade area which the unit serves. SIC (Standard Industrial Classification) shall mean a system developed by the U. S. Office of Management and Budget for classifying business establishments by type of activity in which they are engaged. The classification system is reported in the "Standard Industrial Classification Manual 1972" by the executive office of the president, office of management and budget. Supp. No. 10 1417 § 24-17 ATLANTIC BEACH CODE Sight triangle shall mean the area within the limits described by the two (2) intersecting center lines of a street or road and a line drawn between them from points on each center line that are a prescribed number of feet from the intersection of the center lines. Sign. See Chapter 17, "Signs and Advertising Structures." Story shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and ceiling next above it. Street shall mean a public or private thoroughfare which affords the principal means of access to abutting property. This includes lane, place, way or other means of ingress or egress, regardless of the term used to describe it. (1) Public shall mean legally dedicated to public use and officially accepted by the city. (2) Private shall mean privately owned and maintained on a recorded easement or approved by the appropriate city agency. Street right-of-way line shall mean the dividing line between a lot, tract or parcel of land And tbo--• '!-h-- right "fway uuuu .• Q pi ViJcl 4y 11110, anti fill front setback requirements provided in these regulations shall be measured from said right-of- way line; except corner lots, which shall be controlled by the right-of-way of the side street. Structural alteration shall mean any change, except for repair or replacement, in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean anything constructed, erected or placed, the use of which requires more or less permanent location on the ground, or anything attached to something having a permanent location on the ground, and shall include tents, lunch wagons, dining cars or other structures on wheels or other supports, and used or intended for business or living quarters, excluding fences not over six (6) feet above the natural grade. Subdivision shall mean the division of a parcel of land, whether improved or unimproved, into two (2) or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of the subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of the parcel. However, the division of land into parcels of more than five (5) acres, not involving any change in street lines or public easements of whatsoever kind, is not to be deemed a subdivision within the meaning of this chapter. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided. Substandard lot of record means that the owner of any such nonconforming lot of record is permitted to build on such lot, provided the lot has a width of not less than fifty (50) feet and a depth of not less than one hundred (100) feet, with a total lot area of not less than five thousand 5,000 square feet. A nonconforming lot of record which does not meet all the above area requirements shall not be built on unless relief is obtained through action of the com- munity development board and the city commission. Any combination of lots resulting in a substandard lot of record shall be governed hereby. Supp. No. 10 1418 ZONING AND SUBDIVISION REGULATIONS § 24-17 Survey, certified See Certified survey. Swimming pool shall mean any constructed pool used for swimming or bathing, that is twenty-four (24) inches in depth or has a surface exceeding two hundred fifty (250) square feet. Theater shall mean an establishment offering dramatic presentations or showing motion pictures to the general public. Tourist home. See Boardinghouse, rooming house, lodginghouse or dormitory. Townhouse shall mean a single-family dwelling constructed in a series or group of at- tached units with property lines separating each unit. The walls or party wall separating the dwelling units of the townhouses shall extend to the roof line of the dwelling and shall have no openings therein. Each townhouse unit shall be constructed upon a separate lot and ser- viced with separate utilities and other facilities and shall otherwise be independent of one another. Each townhouse unit shall be a single-family dwelling unit. Trailer (boat horse, utility) shall mean a conveyance drawn by other motive power and used for transporting a boat, animal or general goods. Trailer coach. See Recreation vehicle. Trailer, house. See Mobile home. Travel trailer. See Recreation vehicle. Travel trailer park or court shall mean a park or court, licensed and approved by the state board of health, and established to carry on the business of parking travel trailers. Use shall mean the purpose for which land or water or the structure thereon is designated to the extent covered by Article III, Zoning Regulations. Used, occupied, as applied to any land or building, shall include the words "intended," "arranged" or "designed to be used or occupied." Variance. Any modification of the zoning ordinance regulations must be authorized by the community development board and must meet the criteria as stated in this chapter. A variance may be authorized only for height, area, size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining district. Veterinary clinic or hospital shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but not the boarding of well animals. Wall. See Fences, hedges and walls. Yard shall mean an open space at grade between a main building and the adjoining lot lines. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Supp. No. 10 1419 $ 24-17 ATLANTIC BEACH CODE Yard, front shall mean a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the principal building or any projections thereof, other than the projections of uncovered steps, uncovered balconies or uncovered porches. Yard, side shall mean a yard between the main building and the side line of the lot, extending from the front yard to the rear yard and being the minimum horizontal distance between a side lot line and she side of the main building' Yard, rear shall mean a yard extending across the rear of a lot between the rear of the principal building or any projections thereof, other than the projections of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. (Ord. No. 90-82-74, § 2(II, B), 7-26-82; Ord. No. 90-82-72, § 1, 1-10-83; Ord. No. 96-82-76, § 1, 1-10-83; Ord. No. 90-83-80, § I, 6-27-83; Ord. No. 90-85-91, § 1, 7-8-85; Ord. No. 90-85-95, § 1, 10-14-85; Ord. No. 90-86-102, § 1, 7-14-86; Ord. No. 90-86-105, § 1, 7-14-86; Ord. No. 90-87-117, § 1, 3-9-87; Ord. No. 90-90-151, § 1, 6-25-90) Secs. 24-18-24-30. Reserved. ARTICLE III. ZONING REGULATIONS DIVISION 1. GENERALLY Sec. 24-31. Scope. The provisions of this chapter shall be administered in accordance with the rules set forth in this article and the detailed regulations governing each district. Administrative procedures and the responsibilities of the city commission, administrative official, planning agency, board of adjustment and code enforcement board are set forth. Procedures for filing applica- tions for changes and amendments to this chapter, appealing decisions on any matter covered in this chapter, notification of violations and penalties for violation have been included. (Ord. No. 90-82-74, § 2(111, A), 7-26-82) Secs. 24-32-24-45. Reserved. DIVISION 2. ADMINISTRATION* Sec. 24-46. City commission. It shall be the responsibility of the city commission to perform the following duties and responsibilities in accordance with this chapter: (1) To adopt this chapter in accordance with, and consistent with, the adopted compre- hensive plan for the city; *Cross reference—Administration, Ch. 2. Supp. No. 10 1420 ZONING AND SUBDIVISION REGULATIONS § 24-83 (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than one (1) building on one (1) 10t, except as provided in this article. (g) Duplicates or externally similar dwellings. Construction of nearby single-family and duplex dwellings which are duplicates or externally similar shall be avoided. Such similarity considers the external configuration and appearance (Le., roof, outer wall materials, window size and design, and other like characteristics) of structures. In accord with the foregoing, similar or duplicate homes shall not be constructed within close proximity of each other, and shall be at least five hundred (500) feet apart if any one similar dwelling is visible from any other similar dwelling. (h) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other accessory building or vehicle in any district shall be used as a residence, temporarily or permanently, nor shall any such residence of temporary character be permitted. (i) Minimum lot coverage: (1) One (1) story:—One thousand (1,000) square feet enclosed heated living area. (2) Two (2) story:—Six hundred fifty (650) square feet enclosed coverage on the ground floor and not less than a total of one thousand (1,000) square feet enclosed heated area. (3) Two-family residence (duplex):—Each living unit shall have nine hundred (900) square feet of enclosed living area. (4) Apartment type: a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square feet net area. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas, five hundred seventy-five (575) square feet net area. c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living areas, seven hundred (700) square feet net area. d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty (840) square feet net area. e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living areas, nine hundred ninety (990) square feet net area. f. Over four (4) bedrooms, add one hundred fifty (150) square feet per additional room. (Ord. No. 90-82-74, § 2(III, E, 2), 7-26-82) Sec. 24-83. Substandard lots of record. Where a lot or parcel of land has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record on July 26, 1982, the Supp. No. 10 1431 § 24-83 ATLANTIC BEACH CODE lot or parcel of land may be used for one single-family dwelling in any residential district, provided the minimum yard requirements for that residential district are maintained, and provided that the owner of said lot has obtained relief through action of the community development board and the city commission. (Ord. No. 90-82-74, § 2(I11, E, 3), 7-26-82; Ord. No. 90-90-15, § 2, 6-25-90) Sec. 24-84. Yards; obstructions; double frontage lots. (a) Obstructions. Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornises, buttresses, ornamental features, chimneys, flues and eaves. No such projection shall project more than forty (40) percent of the width of the required yard over which they project. (b) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except the required front yard on through lots between Beach Avenue and the Atlantic Ocean shall be the yard which faces the Atlantic Ocean, and the front yard on double frontage lots between beach Avenue and Ocean Boulevard shall be the yard which faces r'c,,,... Roule v ai d. (Ord. No. 90-82-74, § 2(III, E, 4), 7-26-82; Ord. No. 90-86-102, § 2, 7-14-86; Ord. No. 90-86-105, § 2, 7-14-86) Sec. 24-85. Nonconforming uses or buildings. (a) Continuation of nonconforming uses or buildings. Where on July 26, 1982, lawful uses of land exist which would not be permitted by the regulations imposed by this article, the uses may be continued so long as they remain otherwise lawful, provided: (1) No such nonconforming uses shall be enlarged, increased, nor extended to occupy a greater area of land than was occupied on July 26, 1982, or upon amendment of this article. (2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on July 26, 1982, or upon amendment of this article. (3) If any such nonconforming uses of land are discontinued or abandoned voluntarily for that use for a period of at least six (6) months, any subsequent use of the land shall conform to the regulations specified by this article for the district in which the land is located. If fifty (50) percent of the structure for the nonconforming use is destroyed, the structure shall not be reconstructed for any nonconforming use. a. Unsafe buildings or structures. Any structure or building or portion thereof declared unsafe may be restored to a safe condition. Permits are required; b. Alterations. A nonconforming building may be maintained, and repairs and alterations shall be made, except that no structural alterations shall be made except those required by law, including eminent domain proceedings. Rej irs, such as plumbing or changing of partitions or other alterations, are perry _ted. Permits are required. Supp. No. 10 1432 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 90-87-118 3-23-87 1 24-63(3) 90-87-119 4-27-87 1 24-161(1) 80-87-34 6-22-87 1 22-166(h) 80-87-35 9-28-87 22-169 5-87-19 9-28-87 1 2-368 90-87-124 10 12-87 1 24-164(2)(a) 58-87-8 10-26-87 1 2-281 2 2-298 58-87-10 11-23-87 2-273 2-276(b) 2-277(d) 2-278(b) 2-279(b,. 2-283 2-284(a) 90-87-127 1-11-88 1 24-188(c) 90-88-128 1-25-88 1 24-86 80-88-38 3-14-88 1 22-167 80-88-39 3-14-88 1 22-18(c) 95-88-34 3-14-88 1, 2 2-1 95-88-33 4-25-88 1 4-6, 4-7 2 4-22 3 4-23 4 4-25 5 4-26 80-88-40 6-13-88 1 22-167(b) 90-88-132 7-25-88 1 24-109 58-88-12 8- 8-88 1 2-285 90-88-134 8- 8-88 1 24-110 75-88-7 9-12-88 1 21-24(a) 95-88-35 9-26-88 1 5-31 90-88-136 10-24-88 1 24-188(c) 55-88-22 11-28-88 1 16-7(1)—(3) 58-88-13 11-28-88 1 2-262 2-279 2-283 2-285 2-298(c) 5-88-20 12-12-88 1 2-19(7) 60-88-5 1-11-89 1 17-1(6), (11) 57-89-13 2-13-89 1 13-8, 13-9 57-89-14 2-27-89 1-7 13-151- 13-158 90-88-138 3-27-89 1 24-159 57-89-15 4-24-89 1 7-16 90-89-141 4-24-89 1 24-157(a) 25-89-21 6-12-89 1 6-120 25-89-22 6-12-89 1 6-16 Supp. No. 10 1995 ATLANTIC BEACH CODE Ordinance Section Number Date Section this Code 95-89-40 6-12-89 1-9 2-161-2-169 90-89-146 8-28-89 1 24-159 80-89-42 9-11-89 1 22-170 95-89-42 9-11-89 1 13-10 95-89-43 1- 8-90 1 12-1(b)(9) 95-89-44 1- 8-90 1 23-16-23-27 75-90-8 2-26-90 1 21-17(7) 57-90-16 5-29-90 1 2-51 95-90-46 5-29-90 1 8-1, 8-2(4) 2 18-21(6) 45-90-8 6-25-90 1 20-52 20-52.1 20-54(a) 20-59 90-90-151 6-25-90 1 24-17 2 24-83 Supp. No. 10 1996 [The next page is 2043] STATUTORY REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related Florida Constitution Article V Section 20(dX4) F.S. Section Section this Code 1.01 1-2 13.201 Ch. 9(note) 23.011 Ch. 14(note) 60.05 2-168, 2-169 Ch. 12(note) Ch. 97 Char., § 86 Char., Art. IX (note) 97.041 Char., § 79 98.041 Char., § 31 Char., § 80 98.211 Char., § 97 100.011 Char., § 87 100.361 Char., Art. XI (note) 101.62 Char., § 85 112.061 Ch. 2, Art. VII, Div. 3(note) 112.65 2-285 112.311 Char., § 166 Ch. 2, Art. II(note) Ch. 119 Char., § 16 Char., § 165 Ch. 2(note) Ch. 161 Ch. 5(note) 161.041 6-20(b)(3) 161.053 6-20(bX3) 6-21(e), (r) Ch. 162 Ch. 2, Art. V, Div. 2(note) 162.02 2-146 162.05 2-141, 2-142 162.05(4) 2-145 162.07 2-143, 2-144 162.08 2-148 162.09 2-149 162.10 2-150 Supp. No. 10 2053 F. S. Section 162.11 163.3161 163.3174 163.3178 Ch. 166 166.021 166.021(4) 166.021(5) 166.032 166.041 166.101 166.201 Section this Code Char., § 9 Char., § 151 Char., § 159 Section this Code 2-151 Char., Art. XIV (note) Ch. 14(note) Ch. 24(note) 14-22 6-27 Charter(note) Char., § 4 Char., § 9 Char., § 32 Char., § 34 Char., Art. VIII (note) Char., Art. XIV (note) Char., § 159 Char., Art. I(note) Char., § 4 Char., § 17 Char., Art. V (note) Char., Art. VII (note) Char., § 7 Char., § 32 Char., § 34 Char., § 79 Char., § 17 Char., Art. XIV (note) 24-4 Char., Art. XV (note) Ch. 2, Art. VII (note) Ch. 2, Art. VII (note) ATLANTIC BEACH CODE F.S. Section F. S. Section Section this Code Section this Code Ch. 20(note) 316.008 Ch. 21(note) 166.231 Ch. 20, Art. II 316.008(1Xa) Ch. 21, Art. II (note) (note) 166.241 Char., § 24 316.195 Ch. 21, Art. II 2-311 (note) 166.0425 Ch. 17(note) 21-16 Ch. 170 Ch. 19(note) 316.1945 Ch. 21(note) Ch. 171 Char., § 2 21-17 175.101 20-77 316.2045 19-1 Ch. 177 24-205 320.823 6-23 177.27(15) 6-21(j) Ch. 327 Ch. 5(note) 177.011 Ch. 24, 'Art. 'IV 335.075 Ch. 19(note) (note) Ch. 367 Ch. 22(note) 177.041 24-205 Ch. 369 Ch. 5(note) 177.091 24-256 Ch. 372 Ch. 4(note) Ch. 180 Ch. 19(note) Ch. 373 Ch. 8(note) 185.08 20-76 381.031(1Xg)1 4-29 Un. 1 Z Uh. 20(note) 381.031(g)3 Ch. 6, Art. VI 193.023 Char., Art. VI (note) (note) 381.261 Ch. 22(note) 193.116 Char., § 33 Ch. 386 Ch. 12(note) Char., Art. XIII 403.413 5-4 (note) 16-5 200.065 Char., Art. VI 403.415 Ch. 11(note) (note) 413.08 Ch. 3, Art. II(note) Ch. 205 Char., Art. XIII Ch. 469 Ch. 6, Art. IV (note) (note) Ch. 20, Art. III Ch. 479 Ch. 17(note) (note) Ch. 489 Ch. 6(note) 205.022 20-51 496.01 Ch. 18(note) 205.042 20-52 Ch. 513 Ch. 10(note) 205.043(2) 20-57 513.01 10-1 205.043(3) 20 57 Ch. 514 Ch. 6, Art. VI 205.053 20-54 (note) 205.053(1) 20-53 Ch. 552 Ch. 7(note) 205.063 20-58 Ch. 553 Ch. 6(note) 205.192 18-21(6) 6-21(p) Ch. 218 Ch. 2, Art. VII 553.01 Ch. 6, Art. IV (note) (note) 218.33 Char., § 24 553.15 Ch. 6, Art. III 2-311 (note) 253.12 Ch. 5(note) 553.70 Ch. 6, Art. II(note) 286.011 Char., § 14 Chs. 561-568 3-1 Char., § 16 561.01 Ch. 3(note) Char., § 165 562.14(1) 3-2 Ch. 2(note) 562.45(2) 3-2 309.01 Ch. 5(note) 3-4-3-6 Ch. 316 Ch. 21(note) 590.12 Ch. 7(note) 21-1 Ch. 633 Ch. 7(note) Supp. No. 10 2054 STATUTORY REFERENCE TABLE F.S. Section Section this Code 633.121 Ch. 7(note) Ch. 650 Ch. 2, Art. VI, Div. 2(note) 2-241 650.02 2-241 650.05 Ch. 2, Art. VI, Div. 2(note) Ch. 705 Ch. 15, Art. II(note) 21-24 705.16 Ch. 2, Art. II(note) Ch. 760 Ch. 9(note) 760.20 Ch. 9, Art. II(note) 760.22 9-16 760.23 9-17 760.24 9-18 760.25 9-22 760.29 9-23 760.37 9-24 Ch. 767 Ch. 3, Art. II(note) 4-26 768.28 Char., § 160 2-1(b)(1) 790.15 13-3 Ch. 791 Ch. 7(note) 806.13 6-111 22-57 Ch. 823 Ch. 12(note) Ch. 828 4-5 876.05 Char., § 168 893.03 13-4 13-5 893.138 2-161 893.147 13-5 932.701 Ch. 15, Art. II(note) 943.22 2-262 943.25(8)(a) 15-1 Supp. No. 10 2055 CODE INDEX CODE OF ORDINANCES—Cont'd. Section Severability of parts of code 1-8 Supplementation of code 1-10 Violations General penalty; continuing violations 1-11 COMMERCIAL VEHICLES Stopping, standing or parking buses or commercial vehicles 21-22 Zoning regulations Storage and parking of vehicles in residential districts COMMISSION. See: CITY COMMISSION COMMISSIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY COMMUNITY DEVELOPMENT BOARD Provisions re See: PLANNING 24-163 14-16 et seq. COMMUNITY FACILITIES Zoning regulations, planned unit development (PUD) 24-136 COMPREHENSIVE PLAN Provisions re 14-1 CONDEMNATION Garbage and trash cans 16-2(c) CONFISCATED PROPERTY Disposition of 15-16 et seq. See: POLICE DEPARTMENT CONSERVATION Tree protection regulations generally 23-16 et seq. See: TREES AND SHRUBBERY Waterworks system Water shortages, conservation 22-39 CONSTRUCTION Buildings and building regulations. See that subject Subdivision regulations 24-204(e) et seq. See: SUBDIVISIONS Tree protection regulations generally 23-16 et seq. See: TREES AND SHRUBBERY CONTRACTORS Garbage and trash provisions Removal of lot clearing or cleaning debris by contractors 16-9 CONTRACTS Certain ordinances saved from repeal 1-5 Garbage and trash collection, removal, etc. Contracting for 16-6 When contracts and expenditures prohibited 2-314 Supp. No. 10 2113 ATLANTIC BEACH CODE CONTROLLED SUBSTANCES. See: DRUGS Section CORPORATIONS Definition of "person" to include corporation 1-2 COUNTY. See: DUVAL COUNTY COURTS Confiscated or lost property Provisions re county court 15-16 et seq Noise Interfering with court 11-10 Police training Additional court costs assessed for 15-1 COWS, CATTLE Maintaining stable 4-7 CROSSWALKS Abandoned, wrecked, junked, etc., vehicles Leaving unattended on crosswalk 21-25(aXl) Stopping, standing or parking vchicic on or within crosswalks 21. 17(5), (C) CRUELTY TO ANIMALS Generally 4-5 CURFEW Provisions re minors in public places 13-153 et seq. See: MINORS D DANCING Zoning regulations Establishments offering dancing or live entertainment 24-155 DEATHS OF CITY EMPLOYEES Retirement system provisions 2-283, 2-284 See also: OFFICERS AND EMPLOYEES DEFACING PROPERTY, ETC. Building numbers Removing or defacing 6-111 Public sewers Defacing, damaging, etc. 22-57 Streets, sidewalks and other public places Digging into, defacing, etc., streets, avenues, driveways, etc19-2 DEMOLITION Zoning regulations Construction within the districts Demolition to comply with building and related codes 24-66(b) DENSITY OF LOTS, POPULATION, ETC. Zoning regulations 24-82(d) et seq. See: ZONING Supp. No. 10 2114 CODE INDEX DEPARTMENTS AND OTHER AGENCIES OF CITY Section Board of trustees of city employee's retirement system 2-264 et seq. See: OFFICERS AND EMPLOYEES City commission 2-16 et seq. See: CITY COMMISSION Code enforcement board 2-141 et seq. See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Definition 1-2 Department of finance 2-71 et seq. See: FINANCES Department of public works 2-79 et seq. See: PUBLIC WORKS AND IMPROVEMENTS Fire department 2-61 et seq. See: FIRE DEPARTMENT Lifeguard division 2-63 Local planning agency 14-22 Nuisance control board 2-161 et seq. See: NUISANCES Police department 2-51 et seq. See: POLICE DEPARTMENT Tree conservation board 23-17 Zoning community development board 24-49 Zoning, planning agency 24-48 DERRICKS Noise provisions Building operations at night 11-6 DEVELOPMENT Community development board 14-16 et seq. See: PLANNING Planned unit development (PUD) 24-126 et seq. See: ZONING Subdivision regulations 24-186 et seq. See: SUBDIVISIONS Zoning regulations 24-31 et seq. See: ZONING DISABLED PERSONS City employees retirement system Disability retirement 2-279, 2-280 See also: OFFICERS AND EMPLOYEES DISASTERS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by fires, floods, etc 14-20(12) DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING Supp. No. 10 2115 ATLANTIC BEACH CODE DISEASES, DISEASE CONTROL Section Rabies 4-1 et seq. See: ANIMALS AND FOWL DISTRICTS Community development board Replanning, reconstruction, etc., of districts damaged by fire, earthquake, etc 14-20(12) Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Zoning districts 24-101 et seq. See: ZONING DISTURBANCES OF THE PEACE Animals and fowl Dogs or cats disturbing the peace generally 4-27 Nuisance animals 4-6 DOGHOUSES Zoning regulations Accessory uses by zoning districts 24-151(bXl) DOGS Regulated 4-21 et seq. See: ANIMALS AND FOWL DOORS AND WINDOWS Signs and advertising structures Obstructing doors and windows 17-6 Signs, posters, etc., prohibited on windows, doors, etc .. 17-8 DRAINAGE Mobile home parks and recreational vehicle parks Designed for drainage of surface water 10-2 Nuisances Allowing or permitting stagnant water to accumulate upon surface of ground Discharge of water from water -source heat pumps into storm drainage systems Abatement of nuisances, etc. See: NUISANCES Sewers Building sewers and connections Foundation drains, surface runoff, etc Discharging groundwater, subsurface drainage, etc, into sani- tary sewers Zoning regulations Planned unit development (PUD) Design and construction of facilities to prevent erosion, etc. 12-1(bX4) 12-1(b) 22-108 22-127 24-136(d) DRIVEWAYS Abandoned, wrecked, junked, etc., vehicles Left unattended in front of driveways 21-25(aXl) Supp. No. 10 2116 CODE INDEX DRIVEWAYS—Cont'd. Section Building sewers and connections Foundation drains, surface runoff, etc. 22-108 Digging up driveways, streets, etc. 19-2 Public sewers, use of Discharging storm water, etc., into storm sewers or natural outlets 22-128 Discharging subsurface drainage, groundwater, etc., into sani- tary sewers 22-127 Stopping, standing and parking vehicles in driveways 21-17(2) Subdivisions, design and construction standards 24-251 Easements; drainage, watercourses 24-253 Water shortages Washing of driveways 22-39(e) DRUGS (Cocaine, marijuana, hashish, controlled substances, etc.) Drug paraphernalia Definitions 13-4 Sale, display, etc., of paraphernalia 13-5 DUVAL COUNTY Definition of "county" 1-2 EARTHQUAKES Community development board Duties of board re replanning, reconstruction,. etc., of areas damaged by earthquakes 14-20(12) EASEMENTS Subdivisions, design and construction standards 24-253 Wastewater system, powers and authority of inspectors Provisions re easements 22-154 Supp. No. 10 2116.1 CODE INDEX INSURANCE Section City employees retirement system Insurance coverage for retirants and beneficiaries 2-293 Insurance premium taxes 20-76 et seq. See: TAXATION Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Signs and advertising structures Liability insurance required for certain signs 17-3 INTERSECTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within intersection 21-25(a)(1) Signs and advertising structures Obstructing vision or view 17-5 Stopping, standing or parking vehicles within twenty feet of intersection 21-17(3) Subdivisions Design and construction standards Intersections of right angles 24-252(0 Property lines rounded at intersections 24-252(g) INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES J JUNK Parking, storing or leaving of junked vehicles 21-24 et seq. See: TRAFFIC L LAKES. See: WATERCOURSES, WATERWAYS LANDSCAPING Zoning regulations Planned unit development (PUD) 24-135(0 LAWNS Waterworks system Water shortages; irrigation of lawns 22-39 LEASHING DOGS Provisions re 4-25 LEAVES AND GRASS CLIPPINGS Garbage and refuse collection and disposal 16-3 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building sewers and connections, permits 22-102, 22-103 Coastal construction 6-20 Development permit 8-23 et seq. See: FLOOD HAZARD AREAS Digging up streets Permit required of public utilities 19-2 Supp. No. 10 2127 ATLANTIC BEACH CODE LICENSES AND PERMITS—Cont'd. Electrical permits See: ELECTRICAL CODE Garbage and trash collection, removal, etc. Permit for Licensed master electricians Loudspeakers equipment, permit for operation of Mechanical permits Occupational license tax See: TAXATION Parades and processions, permits for Plumbing permit See: PLUMBING CODE Private wastewater disposal, permits Public address or loudspeaker equipment, permit for operation of Sign permits See: SIGNS AND ADVERTISING STRUCTURES Solicitor permits See: SOLICITORS, PEDDLERS, ETC. Subdivisions Construction permits Tree protection Zoning Building permits Implementation of planned unit development Permits required Permits for temporary construction trailers or structures .. Section 6-35 et seq. 16-6 6-33 et seq. 11-8 6-77 20-51 et seq. 21-2 6-58 et seq. 22-88 11-8 17-31 et seq. 18-16 et seq. 24-206 23-18 24-47(7), 24-65 24-134(d) 24-66 LIENS Code enforcement board, provisions re liens 2-149, 2-150 Weeds, cost for removal Special assessment liens 23-40 LIFE GUARD DIVISION Division of fire department LIFEGUARDS Beaches. See also that subject Parking of sailboats not to obstruct lifeguard activities LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises Mobile home parks and recreation vehicle parks Illuminating at night Signs and advertising structures Flashing, revolving or blinker -type outdoor lights Zoning regulations Service stations Swimming pools, lighting Supp. No. 10 2128 2-63 5-6 3-9 10-2(2) 17-10 24-165(4) 24-164(1) CODE INDEX LITTERING Section Beaches 5-4 LIVE ENTERTAINMENT Zoning regulations 24-155 LOCAL LAND DEVELOPMENT REGULATION COMMIS- SION Community development board designated as 14-22 See: PLANNING LOCAL PLANNING AGENCY Community development, board designated as 14-22 See also: PLANNING LOITERING Provisions re 13-2 LOST PROPERTY Disposition of by police 15-16 See: POLICE DEPARTMENT LOTS Depositing garbage, trash, etc., on vacant lots 16-5 Garbage and trash collection and removal Removal of lot clearing and cleaning debris from lots 16-3 Subdivisions Design and construction standards 24-255 Supp. No. 10 2128.1 CODE INDEX POLICE DEPARTMENT—Cont'd. Section Chief of police Appointment, compensation, removal 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency 15-21 Director of public safety Supervision of police department 2-41 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc. 22-72 POWER FANS Muffling of 11-7 PRECEDING, FOLLOWING Defined 1-2 PRIVIES, PRIVY VAULTS Constructing 22-73 PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS Noise provisions 11-8 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Supp. No. 10 2139 ATLANTIC BEACH CODE PUBLIC SAFETY—Cont'd. Section Police department 2-51et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Community development hoard 14-16 et seq. See: PLANNING Department of public works Created 2-79 Director of public services Appointment, compensation 2-80 Duties generally 2-81 Division chiefs Appointment, compensation 2-82 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2 -331 - Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 R RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RADIO AND TELEVISION TOWERS Zoning regulations, height limitations 24-156 RADIOACTIVE FALLOUT Fallout shelters, zoning regulations Accessory uses by zoning district 24-151(bXl) RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(7) REAL ESTATE BROKERS Fair housing 9-16 et seq. Supp. No. 10 2140 CODE INDEX SUBDIVISIONS—Cont'd. Street signs, traffic signs, etc. Required improvements Streets Design and construction standards. See also herein that subject Construction plans and specifications, generally Generally Lots, street access Required improvements Traffic signs and signals Required improvements Tree protection regulations generally See: TREES AND SHRUBBERY Utilities Construction plans, specifications and permits Sewer and water commitment Easements Design and construction standards Required improvements Vacation of plats Waiver Water, water system, etc. Application for water service in new subdivisions Construction plans, specifications and permits Sewer and water commitment Required improvements Water system Water system, water management facilities Wells Design and construction standards Lots, provisions re septic tanks or wells Zoning regulations See: ZONING SUBPOENAS Code enforcement board's power to subpoena witnesses, records, etc. SUPPLEMENTATION OF CODE Revisions re SURETY BOND. See: BOND, SURETY SURFACE WATER. See: DRAINAGE SURFBOARDS Beaches, provisions re using or riding surfboards SURVEYS Community development board Special survey work of city manager Code enforcement board's power to subpoena surveys, plats, etc. Section 24-221 24-251(5) 24-252 24-255(d) 24-221 24-221 23-16 et seq. 24-206(c) 24-253 24-221 24-189 187 22-37 24-206(c) 24-258 24-221 24-255(b) 24-31 et seq. Supp. No. 10 2151 2-148 1-10 5-5 14-20(10) 2-148 ATLANTIC BEACH CODE SWIMMING Section Beach regulations 5-1 et seq. See: BEACHES SWIMMING POOL CODE Adoption 6-91 SWIMMING POOLS Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enclosed or roofed pools to comply with building code and zoning regulations 6-92 Water shortages Filling swimming pools 22-39(eX3) Zoning regulations Accessory uses by zoning districts 24-151(bX1) Supplementary regulations 24-164 SYNDICATES Definition of "person" to include syndicates 1-2 T l TAXATION Certain ordinances saved from repeal 1-5 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Insurance premium taxes Casualty risks 20-76 Payment date 20-78 Property insurance 20-77 Occupational license tax Business falling under more than one classification 20-55 Compliance by licensees 20-56 Definitions 20-51 Due date and delinquencies; penalties 20-54 Exemptions 20-58 Half-year licenses 20-53 Inspections 20-52.1 Levy 20-52 Operating at more than one location 20-55 Schedule of fees 20-59 Transfer 20-57 Public service tax Duty of seller to collect tax and pay same to city 20-17 Exemption of governmental agencies and churches 20-19 Failure of seller to collect tax 20-17 Imposed, amount 20-16 Nonpayment of tax Authority of seller to discontinue service 20-17 Payment to be made to seller 20-16 Supp. No. 10 2152 CODE INDEX TAXATION—Cont'd. Section Records to be kept by seller 20-18 Inspection of records by city agents 20-18 Telephone service Duty of seller to collect 20-33 Exemptions 20-32 Levy; when payable 20-31 Monthly payments; computation of tax 20-36 Records to be kept by seller 20-34 Inspector, transcripts 20-34 Telephone calls, limitation as to 20-35 Supp. No. 10 2152.1 CODE INDEX TRAFFIC—Cont'd. Section Stopping, standing and parking Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25(a)(1) Parked longer than seventy-two hours Removing and impounding 21-25 Towage and storage charges 21-26 Statutes adopted; nuisance declared 21-24 Commercial, recreational, etc., vehicles; weight requirements 21-22 Compliance with signs prohibiting parking required 21-19 Enforcement Disposition of money collected as fines 21-40 Form of citations 21-37 Issuance of citations 21-36 Payment of parking fines 21-39 Presumption of motor vehicle ownership 21-41 Schedule of fines 21-38 Manner of parking 21-16 Obstructing traffic 21-18 Parking for certain purposes prohibited 21-21 Parking more than seventy-two hours prohibited 21-23 Prohibited in specific areas 21-17 Street excavations Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite street excavations 21-25 Stopping, standing or parking vehicles alongside or opposite street excavations 21-17(7) Traffic -control signs, signals and devices Compliance with signs prohibiting parking 21-19 Signs and advertising structures Confusion with, use of words on traffic -control signs 17-5 Stopping, standing or parking vehicles Compliance with signs prohibiting parking required 21-19 Parking limitations where signs are erected 21-20 Stopping, standing or parking vehicles where official signs prohibit stopping or parking 21-17(7) Washing, greasing or repairing vehicles Standing or parking vehicle for purpose of 21-21 TRAILERS. See: MOBILE HOMES AND RECREATIONAL VE- HICLES TRANSPORTATION Uniform travel policy and procedure 2-632 TRAPPING Trapping birds, wild fowl, etc. 4-4 TRASH. See: GARBAGE AND REFUSE TRAVEL Uniform travel policy and procedure Auditing 2-365 Authority to incur travel and business expenses 2-357 Supp. No. 10 2155 ATLANTIC BEACH CODE TRAVEL—Cont'd. Section Authorized travel 2-363 Definitions 2-356 Expense forms and regulations 2-359 Fraudulent claims 2-366 Funding 2-358 Reimbursable incidental expenses 2-364 Schedule for meal allowance and accommodations 2-360 Subsistence 2-361 Transportation 2-362 TRAVEL TRAILERS. See: MOBILE HOMES AND RECRE- ATIONAL VEHICLES TREES AND SHRUBBERY Code enforcement board's jurisdiction re 2-146 Garbage and refuse collection and disposal Garden trash, compost piles 16-5 Leaves and grass clippings; tree trunks, limbs, etc. 16-3 Signs, posters, etc., prohibited on trees 17-8 .JuuuiviSiviia Design and construction standards Natural features, use of 24-251(2) Required improvements Clearing and grading rights-of-way 24-257 Tree protection Appeals 23-26 Definitions 23-16 Exceptions 23-25 Inspections Generally 23-22 Tree inspection reports 23-21 Jurisdictional zones 23-19 Maintenance of trees 23-24 Permits Applications 23-18 Removal of trees 23-23 Tree conservation board 23-17 Tree protection practices which shall be adhered to 23-20 Violations and penalties 23-27 Waterworks system Water shortages; irrigation of ornamentals, ferns, foliage, etc 22-39 Zoning regulations Tree removal or damage 24-169 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND UTILITIES Subdivisions Required improvements 24-221 Supp. No. 10 2156 CODE INDEX UNDERGROUND UTILITIES—Cont'd. Section Zoning regulations Planned unit development (PUD) 24-136(d) UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) Supp. No. 10 2156.1