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AB Code Supplement 12SUPPLEMENT NO. 12 August 1992 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. 95-92-52, enacted May 26, 1992. See the Code Comparative Table for further information. Remove old pages Insert new pages ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 157, 158 155-157 185-188 185-188.1 299-304 299-304 791-793 791-793 891, 892 891-893 943-947 943-948 1167, 1168 1167-1168.1 1181, 1182 1181, 1182 1221-1227 1221-1233 1278.1-1280.1 1279-1280.1 1294.1-1297 1294.1-1297 1409-1412 1409-1412.1 1419, 1420 1419, 1420 1995, 1996 1995, 1996 2053-2055 2053-2055 2099, 2100 2099, 2100 2103, 2104 2101-2103 2109-2110.1 2109-2110.1 2113, 2114 2113, 2114 2119-2124 2119-2124.1 2127-2128.1 2127-2128.1 2133-2136 2133-2136.1 2139-2140.1 2139-2140.1 2143-2146.1 2143-2146.1 2152.1-2160.1 2153-2160.1 2162.1 2162.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1 -800 -262 -CODE TABLE OF CONTENTS Page Officials of the City at Time of Codification iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [1] PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor 10 Art. V. Department of Public Safety 11 Art. VL Budget 11 Art. VII. Department of Finance 11 Art. VIII. Department of Personnel 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XI. Recall 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Issuance of Bonds 18 Art. XVI. Municipal Court and Department of Law 18 Art. XVII. Suits Against the City 23 Art. XVIII. General and Miscellaneous Provisions 23 Art. XIX. When Act Takes Effect 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 155 Art. I. In General 155 Art. II. City Commission 157 Art. III. City Manager 162 Art. IV. Departments 162 Div. 1. Generally 162 Div. 2. Police Department 163 Supp. No. 12 ix ATLANTIC BEACH CODE Chapter Page Div. 3. Fire Department 163 Div. 4. Department of Finance 165 Div. 5. Department of Public Works 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Div. 3. Public Nuisance Control Board 171 Art. VI. Employee Benefits 172.1 Div. 1. Generally 172.1 Div. 2. Old -Age and Survivors Insurance 172.2 Div. 3. Retirement System 174 Art. VII. Finance 187 Div. 1. Generally 187 Div. 2. Purchasing 188 Div. 3. Uniform Travel Policy and Procedure 191 Div. 4. Service and User Charges 195 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 301 5. Beaches and Parks 353 Art. I. In General 353 Art. II. Beach Safety Zone 354 Art. III. Public Parks 355 6. Buildings and Building Regulations 405 Art. I. In General 405 Art. II. Building Code 405 Art. III. Electrical Code 410.7 Art. IV. Plumbing Code 412 Art. V. Mechanical Code 413 Art. VI. Swimming Pool Code 415 Art. VII. Numbering of Buildings 416 Art. VIII. Housing Code 418 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention Code 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 526 Art. III. Flood Hazard Reduction Standards 530 9. Human Relations 577 Art. I. In General 577 Art. II. Fair Housing 577 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 Supp. No. 12 x TABLE OF CONTENTS—Cont'd. Chapter Page 12. Nuisances 735 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 1182 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 1229 Art. III. Wrecker Service 1231 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 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 Supp. No. 12 xi ATLANTIC BEACH CODE Chapter Page Art. IV. Stormwater Management 1301 Div. 1. Generally 1301 Div. 2. Rates and Charges 1305 23. Vegetation 1351 Art. I. In General 1351 Art. II. Tree Protection 1351 Art. III. Accumulation of Weeds 1357 24. Zoning and Subdivision Regulations 1403 Art. L 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 1430 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 v Vuu vGuYjJr.. utaV c .s so—..J1'U ssScaM. 1087 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp. No. 12 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 supplementation 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 reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. 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 12 169, 170 1 xi, xii 12 171, 172 9 1, 2 5, Add. 172.1, 172.2 9 3, 4 5, Add. 173, 174 11 4.1 5, Add. 174.1, 174.2 11 5, 6 OC 175, 176 6 7, 8 OC 177, 178 11 9, 10 OC 179, 180 11 11, 12 OC 180.1 11 13, 14 5 181, 182 8 14.1 5 183, 184 8 15, 16 OC 184.1, 184.2 8 17, 18 5 185, 186 12 19 5 187, 188 12 23, 24 OC 188.1 12 25, 26 OC 189, 190 5 27, 28 OC 190.1 5 79 5, Add. 191, 192 OC 91 5 193, 194 OC 103, 104 OC 195, 196 6 105, 106 OC 245, 246 OC 107, 108 OC 247, 248 3 155, 156 12 299, 300 12 157 12 301, 302 12 159, 160 8 303, 304 12 161, 162 8 353, 354 7 Supp. No. 12 [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 12 410.7, 410.8 5 1168.1 12 411, 412 6 1169, 1170 10 413, 414 OC 1171, 1172 10 415, 416 OC 1173, 1174 10 417, 418 9 1175, 1176 10 469, 470 8 1177, 1178 10 521, 522 6 1179, 1180 10 523, 524 6 1181, 1182 12 525, 526 6 1183 10 527, 528 6 1221, 1222 12 529, 530 6 1223, 1224 12 531, 532 6 1225, 1226 12 533, 534 6 1227, 1228 12 535 6 1229, 1230 12 577, 578 OC 1231, 1232 12 579, 580 OC 1233 12 581 OC 1277, 1278 11 631, 632 OC 1279, 1280 12 683, 684 OC 1280.1 12 685 OC 1281, 1282 OC 735, 736 10 1283, 1284 3 77 1n 1284..1 3 787, 788 8 1285, 1286 OC 789, 790 8 1287, 1288 OC 791, 792 12 1289, 1290 OC 793 12 1291, 1292 OC 839, 840 11 1293, 1294 OC 841, 842 5 1294.1, 1294.2 12 843 5 1295, 1296 12 891, 892 12 1297 12 893 12 1298.1, 1298.2 3 943, 944 12 1299, 1300 OC 945, 946 12 1301, 1302 11 947, 948 12 1303, 1304 11 995, 996 8 1305, 1306 11 997 8 1307, 1308 11 999, 1000 OC 1351, 1352 10 1001, 1002 OC 1353, 1354 10 1003, 1004 OC 1355, 1356 10 1005 OC 1357, 1358 10 1055, 1056 10 1403, 1404 5 1057 10 1405, 1406 3 Supp. No. 12 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1407, 1408 OC 1987, 1988 OC 1409, 1410 12 1989, 1990 OC 1411, 1412 12 1991, 1992 2 1412.1 12 1993, 1994 6 1413, 1414 5 1995, 1996 12 1415, 1416 5 2043 OC 1417, 1418 10 2053, 2054 12 1419, 1420 12 2055 12 1421, 1422 5 2081, 2082 6 1423, 1424 5 2083, 2084 5 1425, 1426 5 2085, 2086 OC 1427, 1428 5 2087, 2088 5 1429, 1430 11 2089, 2090 5 1431, 1432 11 2091, 2092 5 1432.1 11 2093, 2094 5 1433, 1434 6 2095, 2096 5 1435, 1436 5 2097, 2098 5 1437, 1438 6 2099, 2100 12 1438.1 6 2101, 2102 12 1439, 1440 5 2103 12 1441, 1442 7 2105, 2106 5 1443, 1444 7 2107, 2108 9 1444.1 7 2109, 2110 12 1445, 1446 5 2110.1 12 1446.1, 1446.2 5 2111, 2112 5 1447, 1448 OC 2113, 2114 12 1449, 1450 5 2115, 2116 10 1451, 1452 OC 2116.1 10 1453, 1454 4 2117, 2118 1 1455, 1456 8 2119, 2120 12 1457, 1458 9 2121, 2122 12 1458.1 9 2123, 2124 12 1459, 1460 6 2124.1 12 1461, 1462 6 2125, 2126 9 1462.1 6 2127, 2128 12 1463, 1464 OC 2128.1 12 1465, 1466 7 2129, 2130 8 1466.1 7 2131, 2132 9 1467, 1468 OC 2132.1 9 1469, 1470 OC 2133, 2134 12 1471, 1472 OC 2135, 2136 12 1473, 1474 OC 2136.1 12 1475, 1476 3 2137, 2138 6 1477, 1478 OC 2139, 2140 12 1479, 1480 OC 2140.1 12 1481, 1482 OC 2141, 2142 OC 1483 OC 2143, 2144 12 1983, 1984 OC 2145, 2146 12 1985 OC 2146.1 12 Supp. No. 12 [3] ATLANTIC BEACH CODE Page No. Supp. No. 2147, 2148 8 2148.1 8 2149, 2150 OC 2151, 2152 10 2153, 2154 12 2155, 2156 12 2157, 2158 12 2159, 2160 12 2160.1 12 2161, 2162 3 2162.1 12 2163, 2164 6 2165, 2166 5 2166.1 5 2167, 2168 OC 2169, 2170 5 2171, 2172 5 Supp. No. 12 [4] Chapter 2 ADMINISTRATION* Art. I. In General, §§ 2-1-2.15 Art. II. City Commission, §§ 2-16-2-30 Art. III. City Manager, §§ 2-31-2-40 Art. IV. Departments, §§ 2.41-2.130 Div. 1. Generally, §§ 2-41-2-50 Div. 2. Police Department, §§ 2-51-2-60 Div. 3. Fire Department, §§ 2-61-2-70 Div. 4. Department of Finance, §§ 2-71-2-78 Div. 5. Department of Public Works, §§ 2-79-2-140 Art. V. Boards and Commissions, §§ 2-131-2-225 Div. 1. Generally, §§ 2-131-2-140 Div. 2. Code Enforcement Board, §§ 2-141-2-160 Div. 3. Public Nuisance Control Board, §§ 2-161-2-225 Art. VI. Employer Benefits, §§ 2-226-2-2-310 Div. 1. Generally, §§ 2-226-2-240 Div. 2. Old -Age and Survivors Insurance, §§ 2-241-2-260 Div. 3. Retirement System, §§ 2-261-2-310 Art. VII. Finance, §§ 2-311-2-366 Div. 1. Generally, §§ 2-311-2-330 Div. 2. Purchasing, §§ 2-331-2-355 Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366 Div. 4. Service and User Charges, §§ 2-367, 2-368 ARTICLE I. IN GENERAL Sec. 2-1. Defense of civil actions against public officers, employees or agents; pay- ment of judgments or settlements. (a) Defense of civil actions. The city shall provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents for an act or omission arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the officer, employee or agent acted in bad faith, with malicious purpose, or in a manner exhibiting willful disregard of human rights, safety, or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the officer, employee, or Charter references—Form of government, § 3; general powers, § 4. Cross references—Planning/zoning/appeals, Ch. 14; community development board, § 14-16 et seq.; police, Ch. 15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, § 24-46 et seq. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. Supp. No. 12 155 § 2-1 ATLANTIC BEACH CODE agent for an act or omission under color of state law, custom or usage, wherein it is alleged that such officer, employee, or agent has deprived another person of his rights secured under the Federal Constitution or laws. Legal representation of an officer, employee, or agent of the city may be provided by the city attorney. However, any attorney's fees paid from public funds for an officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his employment, or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered by the city in a civil action against such officer, employee, or agent. If the city fails, pursuant to this section to provide an attorney to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents and fails to provide such attorney, the city shall reimburse the defendant who prevails in the action for court cost and reasonable attorney's fees. Cb) Payment of judgments or settlements against certain public officers or employees. When the city fails to provide insurance coverage for action set forth in subsection (a) and is not participating in the State Insurance Risk Management Trust Fund it will pay: (1) Any final judgment, including damages, costs, and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of action of any officer, employee, or agent in a civil or civil rights lawsuit described in subsec- tion (a). If the civil action arises under section 768.28, Florida Statutes, as a tort claim, the limitation and provision of section 768.28 governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. 1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally. (2) Any compromise iii settlem ur, (Zany claim or litigation as described in paragraph (1) subject to the limitations set forth in that paragraph. (3) Any reimbursement required under subsection (a) for court costs and reasonable attorney's fees when the city has failed to provide an attorney and the defendant prevails. (Ord. No. 95-88-34, §§ 1, 2, 3-14-88) Editor's note—Ord. No. 95-88-34, §§ 1, 2, adopted March 14, 1988, did not specifically amend the Code; therefore, inclusion as § 2-1 was at the discretion of the editor. Sec. 2-2. Charitable contributions prohibited. The city shall not contribute city funds to any charitable, nonprofit, or other worthy causes. (Ord. No. 95-91-50, § 1, 10-28-91) Editor's note—Ord. No. 95-91-50, § 1, adopted Oct. 28, 1991, amended the Code by adding § 1-5(b). For purposes of classification, § 1-5(b) has been codified as § 2-2 at the discretion of the editor. Secs. 2.3-2.15. Reserved. Supp. No. 12 156 ADMINISTRATION § 2-16 ARTICLE II. CITY COMMISSION* Sec. 2-16. Time and place of regular meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 7:15 p.m. If the second or fourth *Charter reference—The commission, § 5 et seq. State lav reference—Code of ethics for public officers and employees, F.S. § 112.311 et seq. Supp. No. 12 157 ADMINISTRATION § 2-290 contributions and pensions, and all other monies received by the retirement system the dis- position of which is not specifically provided. There shall be transferred from the reserve for undistributed investment income all amounts required to credit regular interest to the reserve for employer contributions, and the reserve for retired benefit payments. Whenever the board of trustees determines the balance in the reserve for undistributed investment income is more than sufficient to cover current charges to the account, the excess or any part thereof may be used to provide contingency reserves, or to meet special requirements of the other reserve accounts of the retirement system. Whenever the balance in the reserve for undistributed investment income is insufficient to meet the current charges to the account, the amount of the insufficiency shall be transferred from the reserve for employer contributions. (Ord. No. 58-75-4, § 29, 12-22-75) Sec. 2.290. Investment of retirement system assets. The board of trustees shall be the trustee of the monies and assets of the retirement system, The board shall have full power and authority to invest and reinvest such monies and assets subject to all terms, conditions, limitations and restrictions imposed by the state on the investments of public employee retirement systems. The board shall employ an outside in- vestment adviser to advise the board in making and disposition of investments. All monies and assets of the retirement system shall be held for the sole purposes of meeting disbursements authorized in accordance with the provisions of this division, and shall be used for no other purposes. The board of trustees may invest and reinvest the assets of the retirement trust fund in: (a) Time or savings accounts of a national bank, a state bank insured by the Federal Deposit Insurance Corporation, or a savings and loan association insured by the Federal Savings and Loan Insurance Corporation. (b) Obligations of the United States or in obligations guaranteed as to principal and interest by the United States. (c) Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corpora- tion organized under the laws of the United States, any state, or organized territory of the United States, or the District of Columbia, provided: (1) The corporation is listed on any one or more of the recognized national stock ex- changes that holds a rating in one of the three (3) highest classifications by a major rating service. (2) The board of trustees shall not invest more than five (5) percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five (5) percent of the outstanding capital stock of the company; nor shall the aggregate of its investments under this paragraph exceed fifty (50) percent of the fund's assets. Investments shall not be made in any stocks, bonds, or other securities owned or con- trolled by a government other than that of the United States or of the several states. The Supp. No. 12 185 § 2-290 ATLANTIC BEACH CODE board of trustees by ordinance approved by a two-thirds vote of the city commission may provide for investments of greater than thirty (30) percent in equity stocks. (Ord. No. 58-75-4, § 30, 12-22-75; Ord. No. 58-85-5, § 1, 7-22-85; Ord. No. 58-92-17, § 1, 1-27-92) Sec. 2-291. Divisions. The retirement system shall consist of three (3) divisions, one (1) for members who are police officers, or one (1) for members who are firefighters, and one (1) for all other members. Separate accounting of the transactions of the retirement system shall be maintained for each division and shall clearly indicate the equity of each division in the assets of the retirement system. The account separation shall be effective as of June 1, 1976. Each division shall be regarded as a separate trust fund. The provisions of this section refer only to the accounting records of the retirement system and shall not be construed as requiring a physical segrega- tion of the assets of the retirement system between the divisions. (Ord. No. 58-75-4, § 31, 12-22-75) Sec. 2-292. Expenses. The expenses of administering the retirement system shall be paid by the city. (Ord. No. 58-75-4, § 32, 12-22-75) Sec. 2-293. Insurance coverage for retirants and beneficiaries. The board of trustees shall pay the premiums applicable to insurance coverage, provided retirants and beneficiaries to the extent not paid by deductions from the pensions of retirants and beneficiaries. Such payment shall be made only in those fiscal years authorized by specific resolution of the ray rnmniaauen, poy..A..,ad.1...__ua is the uiu�xa�.uaaxuca�tl balance in the reserve for undistributed investment income. If the unencumbered balance be insufficient, the deficiency shall be charged to the reserve for employer contributions. (Ord. No. 58-75-4, § 33, 12-22-75) Sec. 2-294. Method of making payments. All payments under this division shall be made according to the provisions of the City Charter and city ordinances governing the disbursement of city monies. No payment shall be made that has not been authorized by a specific or continuing resolution of the board of trustees. (Ord. No. 58-75-4, § 34, 12-22-75) Sec. 2-295. Assignments prohibited. The right of a person to a pension, any optional benefit, and any other right accrued or accruing to any person under the provisions of this division, and any monies and assets belonging to the retirement system, shall not be subject to execution, garnishment, attach- ment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever, Supp. No. 12 186 ADMINISTRATION ARTICLE VII. FINANCE* DIVISION 1. GENERALLY Sec. 2-311. Fiscal year. § 2-314 The fiscal year of the city is hereby established to begin on October first of each year and end on September thirtieth of the following year. (Code 1970, § 8-1) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. Sec. 2-312. Allotments,constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agen- cies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expendi- tures in excess of such income. (Laws of Fla., Ch. 57-1126, § 65) Sec. 2-313. Transfers of appropriations. The city manager may at any time transfer any unencumbered appropriation balance, or portion thereof, between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city commission by resolution may at any time transfer any unencumbered appropriation balance, or portion thereof, from one office, department or agency to another office, department or agency. (Laws of Fla., Ch. 57-1126, § 66; Laws of Fla., Ch. 61-1863) Sec. 2-314. When contracts and expenditures prohibited. No officer, department or agency shall, during any budget year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated *Cross references—Any ordinance promising or guaranteeing payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebted- ness or any contract or any obligation assumed by the city saved from repeal, § 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department of finance, § 2-71 et seq.; taxation generally, Ch. 20. State law references—Municipal finance and taxation, F.S. § 166.201 et seq.; municipal borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. Supp. No. 12 187 § 2-314 ATLANTIC BEACH CODE pursuant to this Code. Any contract, verbal or written, made in violation of this Code shall be null and void. Any officer or employee of the city who shall violate this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his office or employment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which the contract is made, when the contract is permitted by law. (Laws of Fla., Ch. 57-1126, § 67) Sec. 2-315. Lapse of appropriations. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended. (Laws of Fla., Ch. 57-1126, § 68) Sec. 2-316. Fees shall be paid to city government. All fees received by an officer or employee shall belong to the city government and shall be paid daily to the city treasury. (Laws of Fla., Ch. 57-1126, § 69) Sec. 2-317. Dishonored checks. The director of finance shall add a ten -dollar service fee to the amount due on any check, draft or other order for the payment of money in payment of any licenses, fees, taxes, utility charges, commissions or charges of any sort authorized to be made under the laws of the state and this Code or other ordinances of the city and deposited in the city treasury as provided by law, which may be returned unpaid for any reason by the bank or other payor upon which the check shall have been drawn. The service fee for the collection of a dishonored check, draft or other order for payment of money to the city shall be in addition to all other penalties, remedies and circumstances imposed by law. (Code 1970, § 14-2.1) Secs. 2.318-2.330. Reserved. DIVISION 2. PURCHASING Sec. 2-331. Bids—When required. All supplies and contractual services, except for the enterprise funds, or as otherwise provided in this division, when the estimated cost thereof shall exceed two thousand five hundred dollars ($2,500.00) shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting proposals. For the enterprise funds, all supplies and contractual services, when the estimated cost thereof shall exceed five thousand dollars ($5,000.00), shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting proposals. (Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-92-22, § 1, 4-13-92) Supp. No. 12 188 ADMINISTRATION § 2-332 Sec. 2.332. Same—Notices inviting. Notice of inviting bids shall be published once in at least one (1) newspaper of general circulation at least five (5) days preceding the last day set for the receipt of proposals. The Supp. No. 12 188.1 Chapter 4 ANIMALS* Art. I. In General, §§ 4-1-4-20 Art. II. Dogs and Cats, §§ 4-21-4-30 ARTICLE I. IN GENERAL Sec. 4.1. Appointment of animal control officer. The city manager may appoint and employ a suitable person as the official animal control officer for the city, and shall cooperate with the Jacksonville Animal Control, county health officer and the city or county rabies control program. (Code 1970, § 4-6(a)) Sec. 4-2. Interfering with officers. No person shall interfere with, hinder or molest any police officer, health officer or im- pounding officer in the performance of any duty required by the provisions of this chapter. (Code 1970, § 4-6(b)) Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of; re- moval of animals. No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. (Code 1970, § 4-6(c)) Sec. 4-4. City designated bird sanctuary; shooting, molesting, etc., of birds prohib- ited; exception. (a) The entire area embraced within the city is hereby designated as a bird sanctuary. (b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are *Cross references—Riding of animals in beach safety zone, § 5-17; occupational license tax on kennels, § 20-59. State law reference—Game and freshwater fish, F.S. Ch. 372. Supp. No. 12 299 § 4-4 ATLANTIC BEACH CODE found to exist in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. (c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such number and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. (Code 1970, § 4-1) Sec. 4-5. Cruelty to animals. (a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any animal or cause or permit either of such offenses to be committed. (b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. (Code 1970, § 4-7(a)) State law reference—Cruelty to animals, F.S. Ch. 828. Sec. 4-6. Nuisance animals. (a) Any animal or fowl which persistently makes noises or otherwise conducts itself in a manner which unduly excites and generally annoys citizens of the city is hereby declared to be a nuisance injurious to the public peace, order and welfare, and any person found guilty of keeping, maintaining or aiding and abetting in the keeping or maintaining of any such nuisance within the city, after three (3) days' notice from the city manager or any police officer of the city to abate the same shall be punished as provided in this Code. (b) A nuisance shall be presumed where at least three (3) different persons have witnessed an animal committing an act referred to in this section and where said animal has committed the act on at least three (3) different occasions. (Ord. No. 1970, § 4-7(d); Ord. No. 95-88-33, § 1, 4-25-88; Ord. No. 95-91-49, § 1, 6-10-91) Cross references—Animal or bird noises, § 11-9; nuisances generally, Ch. 12. Sec. 4-7. Maintaining stables; keeping of hogs. (a) No stable or premises may be maintained in the city for the housing and keeping of horses, mules, cows, cattle, hogs, chickens, poultry or goats. (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city. (Code 1970, § 4-7(e), (f); Ord. No. 95-88-33, § 1, 4-25-88) Supp. No. 12 S00 ANIMALS § 4-22 Sec. 4-8. Removal and disposal of dead animals. Whenever any animal shall die within the corporate limits of the city the owner of the animal shall cause the dead body thereof to be removed outside of the city limits and disposed of as directed by the city manager. (Code 1970, § 4-7(h)) Secs. 4-9-4-20. Reserved. ARTICLE II. DOGS AND CATS* Sec. 4-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Vaccination against rabies shall mean the proper administration of antirabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. (Code 1970, § 4-2) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 4-22. Registration and tagging required. (a) No dogs or cats shall be owned or kept in the city unless properly registered and tagged as provided in this section. (b) No person shall be allowed to keep any dog over four (4) months of age or cat over four (4) months of age in the city unless the person shall first register the animal at City Hall in Atlantic Beach and purchase a permanent nontransferable identification tag for each animal in the following sums: (1) Five dollar ($5.00) fee for cats and dogs which have been spayed or neutered. (2) Fifteen dollar ($15.00) fee for dogs or cats which have not been spayed or neutered (upon proof of spaying and neutering of an animal, the city will rebate $10.00 of the fee). (c) Tags lost or stolen can be re -issued at City Hall for one dollar ($1.00). Registration tags shall be bought at City Hall immediately upon acquisition of an animal. Rabies vaccinations *State law references—Right to be accompanied by dog guides in public accommoda- tions, F.S. § 413.08; damage by dogs, F.S. Ch. 767. Supp. No. 12 301 § 4-22 ATLANTIC BEACH CODE shall be updated every twelve (12) months for all animals over four (4) months of age. Both tags shall be on the animal at all times when the animal is off the owner's property. (Code 1970, § 4-3; Ord. No. 95-86-30, § 1, 7-28-86; Ord. No. 95-88-33, § 2, 4-25-88) Sec. 4.23. Impoundment. Any unregistered dog or cat found in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. (Code 1970, § 4-4(a); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-88-33, § 3, 4-25-88; Ord. No. 95-92-51, § 1, 2-10-92) Sec. 4-24. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found running at large on any of the public streets, parks, play- grounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. (Code 1970, § 4-4(b); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-92-51, § 1, 2-10-92) Sec. 4.25. Leashing. No dog muzzled, unmuzzled or inoculated against rabies shall be allowed in public places such as streets, parks, playgrounds, alleys, vacant lots, etc., the beach or upon property other than that of its owner unless the dog shall be fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. (Code 1970, § 4-4(c); Ord. No. 95-88-33, § 4, 4-25-88) Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. Supp. No. 12 302 ANIMALS § 4-29 (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (c) If any dog or cat shall defecate on or cause damage to any of the public streets, parks, playgrounds, alleys, or beaches in the city, the owner of said dog or cat shall be subject to the penalties of this article unless such defecation or damage is immediately removed. Dog owners/ handlers shall carry some sort of material or utensil in all cases where their animals are being walked on the beach in Atlantic Beach and shall be required to remove from the beach (not bury) any and all defecation taking place. This provision shall also apply to dog owners whose dogs defecate on people's lawns, on the street ends to the beach, in the public parks, and public rights-of-way. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag. (Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88) State law reference—Damage by dogs, F.S. Ch. 767. Sec. 4.27. Disturbing the peace. It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (Code 1970, § 4-4(e)) Sec. 4-28. Vicious dogs. It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term vicious dog" shall not be limited to only those dogs who are known to have bitten any person. (Code 1970, § 4-5(d)) Sec. 4-29. Rabies suspected. (a) If a dog or cat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the humane society or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation for a period of two (2) weeks at the expense of the owner. (b) If any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of the person or the owner of the dog or cat with knowledge thereof, to report the incident to the police department within twenty-four (24) hours there- after. Supp. No. 12 303 § 4-29 ATLANTIC BEACH CODE (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of testing the dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city manager for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the animal shall attach to the city by virtue of any procedure in this article by the city manager. All costs in connection with this section shall be borne by the owner of the animal. (Code 1970, § 4-5) State law reference—Authority of state department of health and rehabilitative services to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1)(g)1. Sec. 4-30. Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: Twenty-five dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense, and seventy-five dollars ($75.00) for the third and subsequent offenses each and every occasion wherein a citation is issued. (Ord. No. 97-86-30, § 4, 7-28-86) Supp. No. 12 304 [The next page is 353] OFFENSES § 13-152 (b) It shall be unlawful for any person to carry, display, or brandish any replica or facsimile of a firearm in the presence of a law enforcement officer. (Ord. No. 57-89-13, § 1, 2-13-89) Sec. 13-10. Recyclable materials; removal prohibited. (a) It shall be unlawful for anyone to take, steal, carry away, or otherwise remove any contents from any bin or container designed for the purpose of recycling solid waste and marked with the logo adopted by the City of Atlantic Beach for the recycling program. (b) Exemptions: Only those persons authorized in writing by the city manager shall be exempted from the provision of this section. (c) Violation of this section shall be punishable by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and imprisonment. (Ord. No. 95-89-42, § 1, 9-11-89) Sec. 13.11. Flea markets. (a) A garage sale (see section 24-17 for definition of garage sale) operating for more than three (3) consecutive days in duration, or occurring more than three (3) times within a calendar year, shall be considered a flea market. (b) It shall be unlawful to conduct, promote, or otherwise engage in operating a flea market within the municipal boundaries of the city. (Ord. No. 95-92-52, § 1, 5-26-92) Secs. 13-12-13-150. Reserved. ARTICLE II. MINORS ON STREETS AND IN PUBLIC PLACES* Sec. 13-151. Short title. This article shall be known and may be cited as the "Ordinance Regulating the Presence and Conduct of Minors on Streets and Public Places." (Ord. No. 57-89-14, § 1, 2-27-89) Sec. 13-152. Definitions. For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, *Editor's note—Ord. No. 57-89-14, §§ 1-7, adopted February 27, 1989, did not specifi- cally amend the Code; therefore, inclusion as §§ 13-151-13-158 was at the discretion of the editor. Supp. No. 12 791 § 13-152 ATLANTIC BEACH CODE and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory. City. The City of Atlantic Beach. Custodian. Any person over the age of eighteen (18) who is in loco parentis to a juvenile. Guardian. Any person other than a parent, who has legal guardianship of a minor. Minor. Any person under the age of eighteen (18). Parent. The natural or adoptive parent of a minor. Public place. Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above. (Ord. No. 57-89-14, § 2, 2-27-89) Sec. 13-153. Curfew for minors. It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the city between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday, and between the hours of 12:00 p.m. and 6:00 a.m., Friday through Saturday, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or, unless the minor is on an emergency errand or specific business or activity direotod or porn -lifted by his parent, r„arr fan or other adult porson hording tl':o c:'ro and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. (Ord. No. 57-89-14, § 2, 2-27-89) Sec. 13-154. Responsibilities of owners of public places. It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of eighteen (18) between the hours of 12:00 p.m. and 6:00 a.m. (Ord. No. 57-89-14, § 3, 2-27-89) Sec. 13-155. Parents' responsibility. It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of eighteen (18) to suffer or permitor by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the city between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of Supp. No. 12 792 OFFENSES § 13-158 this section do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification to the police department. (Ord. No. 57-89-14, § 4, 2-27-89) Sec. 13-156. Special functions. Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in section 13-153 shall be exempt from the provisions of section 13-153 of this article provided, however, the chief of police or his designee may verify said special function or entertainment with the minor's parents or by contact with said church, school, club or other organization. (Ord. No. 57-89-14, § 5, 2-27-89) Sec. 13-157. Procedures. (a) Any police officer upon finding a minor in violation of section 13-153 shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the shift supervisor of the police department who in turn shall notify the parents, guardian, or person having custody or control of such minor. (b) If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the police department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities. (Ord. No. 57-89-14, § 6, 2-27-89) Sec. 13-158. Penalties. Any minor violating the provisions of this article shall be dealt with in accordance with the juvenile court law and procedure. Any parent, guardian, or other adult person having the care and custody of a minor violating this article shall, after having been previously notified under section 13-157 be fined not more than fifty dollars ($50.00) for each offense. (Ord. No. 57-89-14, § 7, 2-27-89) Supp. No. 12 793 [The next page is 839) Chapter 15 POLICE* Art. I. In General, §§ 15-1-15-15 Art. H. Disposition of Confiscated or Lost Property, §§ 15-16-15-22 ARTICLE I. IN GENERAL Sec. 15-1. Additional court costs assessed for police training. There is hereby assessed by the city, in compliance with F.S. § 943.25(8)(a), an additional two -dollars (42.00) as court cost against every person convicted for violation of a municipal ordinance in any proceedings, except for violations relating to parking of vehicles. Further, two dollars ($2.00) shall be deducted from every bond estreature or forfeited bail bond related to the penal ordinances for any offense, except that relating to parking of vehicles. Such funds as levied and assessed as additional court costs or taken from the bonds shall be used exclu- sively for law enforcement education expenditures for members of the police department. Secs. 15-2-15-15. Reserved. ARTICLE II. DISPOSITION OF CONFISCATED OR LOST PROPERTYt Sec. 15-16. Sale of confiscated property. When requested by the chief of police, and in the time and manner ordered by the county court, any personal property entered into evidence or otherwise coming into the custody of the court during the progress of any case, and not claimed by or returned to the owner or any person claiming interest therein within sixty (60) days, shall, if of any appreciable value, be sold or offered for sale at public sales conducted by the city clerk. If no claim is made within thirty (30) days after a sale, proceeds shall be paid over to the general fund. (Code 1970, § 2-1.2(a)) Sec. 15-17. Sale of lost and found property. All lost and found properties which have come into the possession of the police department and have not been claimed by the owner or any person claiming an interest therein within *Cross references—Administration, Ch. 2; police department, § 2-51 et seq.; offenses, Ch. 13; traffic and motor vehicles, Ch. 21. tState law references—Seized, abandoned, wrecked or derelict property, F.S. Ch. 705; supplemental procedure for removal and destruction of abandoned property of nominal salvage value only, F.S. § 705.16; Florida Contraband Forfeiture Act, F.S. § 932.701 et seq. Supp. No. 12 891 § 15-17 ATLANTIC BEACH CODE ninety (90) days may, at the request of the chief of police and upon order of the county court, be disposed of by sale in the same manner as described in section 15-16. (Code 1970, § 2-1.2(b)) Sec. 15-18. Notice of sales. Notice of all sales shall be given by the city clerk by advertising once each week for two (2) successive weeks in a newspaper published within the county. (Code 1970, § 2-1.2(c)) Sec. 15-19. Hours of sales. All sales of property shall take place between the hours of 10:00 a.m. and 2:00 p.m. any day of the week as designated by the city clerk. (Code 1970, § 2-1.2(d); Ord. No. 5-83-13, § 1, 12-12-83) Sec. 15.20. Destruction. If any of the confiscated, lost and found properties described in sections 15-16 and 15-17 are of no appreciable value, the city commission may order the destruction of same by the chief of police. (Code 1970, § 2-1.2(0) Sec. 15-21. Transfer of _unclaimed or confiscated property for use by city or other governmental. agency. Any property unclaimed or confiscated for a period of ninety (90) days or mora that save a useful productive service to the city or to another governmental agency may be placed on the city inventory and transferred to any department within the city or transferred or sold to another governmental agency upon approval of the city commission. (Code 1970, § 2-1.2(g); Ord. No. 5-83-13, § 2, 12-12-83) Sec. 15-22. Disposal of confiscated or lost firearms. (a) For purposes of this section, the term "firearm" means any weapon (including a starter gun) which will, is designated to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" shall not include an antique firearm unless the antique firearm is used in the commission of a riot; the enticing or encouraging of a riot; or the commission of a murder, an armed robbery, an aggravated assault, an aggravated battery, a burglary, an aircraft piracy, a kidnapping, sexual battery or other felony, misdemeanor or illegal shooting. (b) In any case involving violation of law or ordinance, the firearm shall be held until such time as the offense is disposed of or as otherwise provided by law. Supp. No. 12 892 POLICE § 15-22 (c) If the person arrested for an offense involving a firearm is convicted of the offense, such firearm shall be forfeited to the city without any order of forfeiture being necessary unless the court having jurisdiction over the offense orders a contrary disposition. (d) If the person arrested as aforesaid be acquitted of the offense involving the firearm, said firearm shall be released to the owner upon presentation of proper proof of ownership; however, if the owner fails to call for or receive the same within six (6) months from and after the acquittal or dismissal of the charges, said firearm shall become forfeited to the city. (e) Any firearm found, abandoned, lost or otherwise discarded within the city and coming into the hands of the city police department shall be retained for a period of sixty (60) days. If said firearm has not been identified as to ownership and/or reclaimed by the owner upon proper proof of ownership, said firearm shall become forfeited to the city and no action or proceeding for their recovery shall thereafter be pursued. (f) Any firearms coming into the possession of the police department, pursuant to the above sections, shall be documented by serial number when known or by general description when unknown and kept and held in the evidence/property section until such time as released or disposed of. (g) All firearms forfeited to the city, pursuant to the foregoing sections, shall be disposed of as follows: (1) All firearms having been forfeited which are not needed or are useless or unfit for use shall be destroyed. (2) Any firearms which are needed and deemed useable for law enforcement use will be retained and added to the police department inventory upon approval of the chief of police. (3) Rifles, shotguns, and handguns, except short barreled shotguns and short barreled rifles as defined in Chapter 790, Florida Statutes; and curio and relic firearms as defined by Part 178, 27 CFR, may be sold or traded to licensed firearm dealers upon approval of the chief of police. (Ord. No. 57-9147, § 1, 9-26-91) [The next page is 943] Supp. No. 12 893 Chapter 16 SOLID WASTE* Sec. 16.1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Commercial A unit shall mean any business establishment required to have a commercial dumpster. Within this classification are, by way of example, stores, shops, grocery stores, food stores, amusement houses, drug and sundry stores, dry goods and hard goods stores, package stores, filling stations, shopping centers and restaurants. Commercial B unit shall mean any businesses, professions or occupations not required to have a commercial dumpster. Garbage shall mean every refuse accumulated from cooking, cleaning and housekeeping. Garbage container shall mean a metal or plastic container of the type commonly sold as a garbage container in good condition with a tight seal. A plastic bag at least one and three (1.3) millimeters thick which is tightly sealed shall also be considered a garbage container. Recyclable items shall include but not be limited to metal cans, glass bottles and jars, and plastic (including soft drink, milk, water, juice and detergent) bottles and jugs, newspapers, magazines, telephone books, corrugated cardboard, metal coathangers and any other mate- rials which are designated by the director of public works. Garden trash or yard trash or trash shall mean all the organic refuse accumulated from the care of lawns, shrubbery, vines and trees. Residence A unit shall mean a residence occupied by and the place of abode of a single family where one (1) kitchen only is provided and maintained. Residence B unit shall mean duplex residences under a single roof, or apartments con- sisting of two (2) and not more than ten (10) housekeeping units under a single roof, or a primary and secondary dwelling on the same lot. Residence C unit shall mean a group of more than ten (10) housekeeping units where it is not feasible to have garbage picked up from each individual residence and where a dumpster is required for central pickup of garbage and trash. Solid waste shall mean the solid portion of the waste stream including, but not limited to, garbage, refuse, rubbish, recyclable items and garden trash. *Editor's note—Ordinance No. 55-92-26, § 1, adopted April 13, 1992, amended Ch. 16, Refuse and Trash, in its entirety, to read as set out herein. Prior to such amendment, Ch. 16 consisted of §§ 16-1-16-11, a derivation of which is located in the Code Comparative Table of this Code. Supp. No. 12 943 § 16-1 ATLANTIC BEACH CODE White goods shall mean appliances such as refrigerators, freezers, stoves, ovens, washing machines, dryers, water heaters, air conditioners, compressor units, microwave ovens, televi- sion sets and the like. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-2. Solid waste collection. All solid waste accumulated in the city shall be collected, transported and disposed by the city or a contractor designated by the city manager. No person shall collect, transport through the streets or alleys of the city, or dump, incinerate, or in any other manner dispose of solid waste originating in the city except through written agreement with the city manager. Each residence and commercial unit shall separate the solid waste it generates into garbage, yard trash and recycl_abl_es for collection. All garbage containers shall be emptied and the contents thereof shall be disposed of at least twice each week in residential districts. Dumpsters in residential districts and in the business districts shall be collected as designated by the city manager. All yard trash shall be picked up and disposed of at least once each week. All containers for recyclable items shall be emptied at least once each week. The number of days per week of solid waste collection shall be set by resolution of the city commission. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-3. Garbage and trash containers. (a) Containers. No garbage shall be collected unless it is placed in a closed garbage container. Said container shall be waterproof and shall in no event exceed the dimensions of a standard thirty -two -gallon (32) garbage can or bag. Nothing shall be picked up, collected or removed by the city public works department unless it is within a garbage container as defined herein. (b) Set out and storage. No person shall place a container in front of a residential unit in which he does not reside. Garbage containers set out for garbage collection shall be placed at the curb of the street from which garbage service is rendered except as otherwise provided herein. Garbage containers shall be set out no earlier than 6:00 p.m. the day prior to collection and shall be returned to their regular place of storage no later than 12:00 midnight on the day of collection. Garbage container blinds, which are in architectural harmony with the building, or underground containers, may be placed anywhere between the building and the street from which garbage service is rendered, but in no case shall they be located on public property. If garbage is stored underground or behind a garbage container blind which is not located at the curb, the garbage container must be moved to the curb for pickup. Any residence or commer- cial unit to which this section creates a hardship to either the resident of the property or the city sanitation department for placement of containers for garbage service shall apply to the director of public works or his designee, who shall thereupon determine the location at which garbage containers shall be placed. Garbage containers located other than as described in this section shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. Supp. No. 12 944 SOLID WASTE § 16-7 (c) Inspection and approval. All garbage and trash containers shall be subject to inspec- tion and approval or condemnation by the director of public works. Appeals of his decisions may be made to the city manager. (d) Dumpsters required. All commercial A and residence C type units shall be required to have a commercial dumpster for disposal of garbage and trash. It shall be the duty of the director of public works to determine the size dumpster required. Appeals of his decisions may be made to the city manager. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16.4. Alternate disposal of recyclable items. Any person may donate or sell their own recyclable items referred to herein to any person, partnership or corporation, whether operating for profit or not for profit. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-5. Leaves and grass clippings; tree trunks. Leaves and grass clippings shall be placed for collection at the curb in either a receptacle meeting the standard for garbage collection or a disposable plastic or waterproof paper bag securely fastened at the opening. Tree trunks, stumps, limbs, trimmings or waste -building materials shall be collected; these items shall not exceed five (5) feet in length nor shall any single item exceed a weight of fifty (50) pounds. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-6. Burial of solid waste. No solid waste shall be buried upon the premises of the person by whom the solid waste is accumulated. No solid waste shall be buried elsewhere in the city except upon written permission of the city manager. Composting shall not be considered burial or disposal. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-7. Depositing on vacant lots, streets, parks, etc., prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, recyclable items or any other solid waste including old furniture, appliances, bedsprings, tires, building materials or auto parts upon any vacant or unoccupied premises of the city, or upon any street, alley or park. (b) It shall be unlawful for any person to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or premises, or a street, plaza, alley or park, or in any canal, waterway, lake or pool within the city. Garden trash containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Ord. No. 55-92-26, § 1, 4-13-92) State law reference—Florida Litter Law, F.S. § 403.413 Supp. No. 12 945 § 16-8 ATLANTIC BEACH CODE Sec. 16-8. Fees for collection. All residents, occupants and owners of premises in the city shall have accumulations of solid waste removed and disposed of by the sanitation division of the city, and for the service of solid waste removal shall pay the city the sums shown below for each type of service: (1) Residence A unit. For each residence A unit there shall be a charge of forty-eight dollars ($48.00) per quarter, payable to the city for each residence A unit. (2) Residence B unit. For each housekeeping unit in a residence B unit there shall be a charge of forty-eight dollars ($48.00) per quarter, payable to the city for each such housekeeping unit. (3) Residence C unit. A container or dumpster will be furnished and maintained by the city and there shall be a charge of one hundred sixty-seven dollars and fifty cents ($167.50) per cubic yard per quarter for each container or dumpster. (4) Commercial A unit. For each commercial A unit, there shall be a charge of one hundred sixty-seven dollars and fifty cents ($167.50) per cubic yard per quarter for each dumpster. Note: Charge includes dumpster maintenance and replacement. (5) Commercial B unit. All businesses, professions and occupations not required to have a commercial dumpster. There shall be a charge of forty-eight dollars ($48.00) per quarter, payable to the city for each commercial B unit. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-9. Annual review of fees. A review of residential and commercial solid waste rates shall be conducted annually by the director of finance and completed by August 31 of each year. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-10. Noncompliance. The city shall not be required to collect any garbage, recyclable items or garden trash which does not comply with this chapter. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-11. Removal of lot clearing, contractors' debris; oil and grease. Trash and debris caused from the operation of lot cleaning or clearing and contractors' debris caused from building, rebuilding or otherwise altering of buildings or structures shall be removed by the owner or contractor performing the work. Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed by the city. (Ord. No. 55-92-26, § 1, 4-13-92) Supp. No. 12 946 SOLID WASTE § 16-14 Sec. 16.12. Prima facie evidence of production of garbage; duty of city to inspect premises. Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated on the premises. It shall be the duty of the proper representatives of the city to inspect and supervise the premises and remove all refuse and garbage found on the premises, provided the required fees as required by this chapter have been paid by the resident or occupant, or to notify the proper persons if the removal is not the duty of the city. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-13. White goods, procedure and fees for removal. All residents, occupants and owners of residential premises in the city who have not arranged for private disposal of white goods as elsewhere authorized in this chapter shall have said white goods removed and disposed of by the sanitation division of the city according to the following procedure: (1) For each separate white good, the person wishing to dispose thereof shall provide to the city, either in person or by telephone, a sufficient description of the white good in order for city to adequately identify said white good. a. The city shall obtain from any person wishing to dispose of any white good that person's name, address, and telephone number, together with a description of the white good, and said information will be placed on a list for removal and disposal by the sanitation division. b. The city shall inform each person wishing to dispose of any white good of the date to place any white good at curbside for removal and disposal by the city, and all persons must provide the above information and be placed on the list for removal of white goods prior to placing any white good at curbside. c. It shall be unlawful to place any white good at curbside unless the above proce- dure is complied with; it shall also be unlawful to places any white good upon vacant or unoccupied premises in the city, or upon any street, alley or park. (2) The city may collect a fee for the removal and disposal of each white good if deemed necessary by the city manager. The amount of such fee shall be approved by resolu- tion of the city commission. (Ord. No. 55-92-26, § 1, 4-13-92) Sec. 16-14. Enforcement. This chapter shall be enforced by the city police department, the city public works de- partment, the city commission, the city manager or his designee, the building inspector and the code enforcement officer. All parties herein referred to are hereby authorized to sign complaints for violation of this chapter. (Ord. No. 55-92-26, § 1, 4-13-92) Supp. No. 12 947 § 16-15 ATLANTIC BEACH CODE Sec. 16-15. Violations and penalties. The violation of any provision of this chapter shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both fine and imprisonment. (Ord. No. 55-92-26, § 1, 4-13-92) Supp. No. 12 948 [The next page is 995) 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 45.00 061 BREWERY, MICRO 45.00 (Requires licensing by the department of business regulation, division of alcoholic beverages and tobacco.) BROKERS: 062A Mortgage/moneylenders 300.00 062B Stocks and bonds 45.00 064 BUILDING AND LOAN ASSOCIATION 45.00 066 BUILDING SUPPLIES 18.50 Supp. No. 12 1167 § 20-59 ATLANTIC BEACH CODE 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 18.50 072 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: 866 uoor� 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 Supp. No. 12 1168 TAXATION CONTRACTORS: 094A General: 1— 10 employees 094B 11— 20 094C 21— 30 Supp. No. 12 1168.1 § 20-59 9.00 16.00 25.00 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. 12 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; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-86-7, § 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1.28-91; Ord. No. 45-92-10, 1, 4-13-92) Secs. 20.60-20-75. Reserved. ARTICLE N. 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 or insuring with respect to casualty risks, as shown by the records of the insur- ance 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 for policyholders on all premiums collected on casualty insur- ance 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 or receipts of Supp. No. 12 1182 Chapter 21 TRAFFIC AND MOTOR VEHICLES* Art. I. In General, §§ 21-1-21-15 Art. II. Stopping, Standing and Parking, §§ 21-16-21-49 Div. 1. Generally, §§ 21-16-21-35 Div. 2. Enforcement, §§ 21-36-21-49 Art. III. Wrecker Service, §§ 21.50-21-54 ARTICLE I. IN GENERAL Sec. 21.1. Adoption of Florida Uniform Traffic Control Law. There is hereby adopted by reference the Florida Uniform Traffic Control Law, being F.S. Ch. 316, as amended, which law shall be in full force and effect in the city as if fully set forth herein, and shall be considered as part of this chapter. (Code 1970, § 11-1) Sec. 21-2. Permit required for parades and processions. No procession or parade, except the United States armed services, the military forces of this state and the forces of the police and fire department, shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the chief of police and such - other regulations as are set forth in this Code which may apply. The chief of police shall issue the permit only after the approval for the issuance is given by the city manager, following a recommendation for the issuance of the permit to the city manager by the chief of police. (Code 1970, § 22-2) Secs. 21-3-21-15. Reserved. *Cross references—Any ordinance pertaining to traffic or parking regulations applying to specific streets saved from repeal, § 1-5(10); use of vehicles prohibited in beach safety zone, § 5-17; mobile homes and recreational vehicles, Ch. 10; use of sirens, whistles, etc., on vehicles prohibited, § 11-4; offenses, Ch. 13; police, Ch. 15; signs and advertising structures as traffic hazards, § 17-4; streets, sidewalks and other public places, Ch. 19. State law references—Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local authorities, F.S. § 316.008. Supp. No. 12 1221 § 21-16 ATLANTIC BEACH CODE ARTICLE II. STOPPING, STANDING AND PARKING* DIVISION 1. GENERALLY. Sec. 21-16. Manner of parking. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve (12) inches of the edge of the roadway, except as provided in the following paragraphs: (1) Angle parking upon a street which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by the mark or sign; (2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or material may be backed into the curb to take on or discharge loads. (Ord. No. 75-82-3, § 1, 4-12-82) State law reference—Similar provisions, F.S. § 316.195. Sec. 21-17. Prohibited in specific areas.' No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or a traffic -control device in any of the following places: (1) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; (2) In front of a public driveway, or private driveway upon complaint; (3) Within twenty (20) feet of an intersection where posted; (4) Within fifteen (15) feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or devices established in the area; (7) Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign prohibits *Cross references—Off-street parking and loading, § 24-161; parking lots, § 24-162; storage and parking of vehicles in residential districts, § 24-163. State law references—Authority to regulate or prohibit stopping, standing or parking, F.S. § 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; addi- tional parking regulations, F.S. § 316.195. Supp. No. 12 1222 TRAFFIC AND MOTOR VEHICLES § 21-20 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 disable 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 designated for disabled persons shall be distributed as follows: 1. Thirty-five (35) percent shall be placed in a separate account of the city to be 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 appropriate 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.s 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. 12 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 emer- gency. (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 commercial vehicle in excess of eighteen thou- sand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or any component part thereof upon any private property in a residential zone except for the purpose of loading and unloading. Component part shall include the tractor unit or trailer unit of any tractor -trailer type truck. (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for the purpose of loading or unloading. (Ord. No. 75-82-3, § 7, 4-12-82; Ord. No. 75-92-9, § 1, 2-24-92) 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: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is Supp. No. 12 1224 TRAFFIC AND MOTOR VEHICLES § 21-25 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 ascertain 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: (1) When a vehicle is left unattended: a. On a sidewalk; Supp. No. 12 1225 § 21-25 ATLANTIC BEACH CODE 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, standing, or parking would obstruct traffic. (2) When any vehicle is left unattended at any place where official signs prohibit parking, stopping or standing; (3) When any vehicle is left unattended upon any street or right-of-way for a period of time longer than seventy-two (72) hours; (4) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, Oi the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal; (5) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-82-3, § 10, 4-12-82) Cross reference—Establishment of rotating wrecker call list, § 21-50. Sec. 21.26. Same—Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle removed under provisions of this article is stored shall constitute a lien against the vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized auvu Lv hold vaau vc:aalWe`. until WYG Wvv t'igC cailil otvt [ilgt"i cVSLb XYYG paid by LYli". VW11eY of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. (Ord. No. 75-82-3, § 11, 4-12-82) Cross reference—Charges for towing and storage, § 21-51. Sec. 21-27. Residential parking sticker program. (a) Definitions. [The following terms shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:] Residential parking street shall mean a street or portion thereof where curbside parking is limited to vehicles properly displaying a residential parking permit authorized by this section. Designated streets will be enumerated by resolution of the city commission and amended from time to time by said body. Resident shall mean any person who resides in or pays real property taxes to the city on real estate or on a structure approved for residential occupancy and who is the owner of such Supp. No. 12 1226 TRAFFIC AND MOTOR VEHICLES § 21-27 structure or tenant therein, or who can demonstrate some other indication of exclusive right - of -occupancy. (b) Designation of residential parking streets. A street or a portion thereof may be desig- nated as a residential parking street by the city commission acting on its own upon public notice and hearing, or upon request by residents, provided that any request by residents shall be in a petition form suitable to the city clerk and filed with the city clerk, signed by at least fifty (50) percent of all residents eighteen (18) years of age or older who reside on the street or portion of the street under consideration. After advertisement and notice to all property owners of proposed residential parking street or portion thereof, the petition shall be placed on the agenda of a regularly scheduled meeting of the city commission. The commission shall then decide on whether or not to designate the street or portion thereof as a residential parking street, provided the city commission makes at least the following findings: (1) It has sufficient information to make such decision; (2) Designation of the proposed residential parking street or portion thereof is in the best interests of the public health, safety, and welfare; and (3) At least fifty (50) percent of the residents eighteen (18) years of age and older to be affected by said designation are in agreement therewith. (c) Withdrawal of designation of residential parking street. The city commission may, at any time, upon petition as aforesaid or on its own motion, upon public notice and hearing, withdraw the designation of an existing residential parking street. Such withdrawal shall become effective thirty (30) days after such vote. (d) Posting of residential parking permit signs. Following the city commission's vote to designate a residential parking street, parking signs shall be erected on said residential parking street. The signs shall inform vehicle operators that curbside parking on the street is restricted unless said vehicle displays a residential parking permit authorized by this section. Additionally, each parking space shall be painted and/or especially marked to reflect an area for residential parking permit only. Vehicles exceeding the boundaries of the parking spaces so marked will not be allowed. (e) Residential parking permits. The applicant for a residential parking permit must be a resident of the city and the vehicle to which said permit is to be affixed shall be owned, leased, or, in the case of a company car, issued to a resident of the city. Any resident over the age of sixteen (16) may apply for a residential parking permit by completing an application therefor prescribed by the city manager, which application shall be designed to provide the following information: The name and residential address of the owner of the vehicle, the name, resi- dential address and driver's license number of the principle operator of the vehicle; the make, model and registration number of the vehicle. The driver's license and vehicle registration must be presented with the application. Whenever the director of finance or his designee finds that the applicant qualifies under this chapter for a residential parking permit for the vehicle described in the application, he or she shall, upon payment of the fees set forth herein, issue one (1) residential parking permit in the form of a sticker or other method prescribed by the Supp. No. 12 1227 § 21-27 ATLANTIC BEACH CODE city manager. The fee for a residential parking permit shall be five dollars ($5.00) for the first year and one dollar ($1.00) for each year thereafter, payable at the time of the submission of the application for the permit. The fee shall not be prorated and no portion of any fee shall be refundable. (f) Renewal or transfer of permits. A holder of a valid permit from the previous year shall be entitled to a new residential parking permit for the current year upon payment of the annual fee and submission of evidence to the director of finance or his designee that the holder is still qualified for the residential parking permit. For the purposes of this program, an annual year shall be comprised of the dates between January 1 and December 31. The holder of a valid residential parking permit shall receive a new residential parking permit for the purpose of transferring the same to another qualifying vehicle upon completion of a new application and payment of fee as hercbcforc provided. (g) Use of residential parking permits. A parking permit shall not guarantee or reserve a parking space nor shall it excuse the observance of any traffic parking regulation. It shall be a violation of this section for the holder of a residential parking permit to use said permit when the permit holder no longer fulfills one (1) or more of the applicable provisions of this section. It shall be a violation of the section for any person to represent, in any fashion, that a vehicle is entitled to a parking permit authorized by this section when in fact it is not so entitled. The display of a parking permit on a vehicle not entitled to such a permit shall constitute a violation of this section. It shall be a violation of this section for any person to duplicate or attempt to duplicate a residential parking permit or to display on any vehicle such a duplicate parking permit. It shall be a violation of this section for any vehicle to park in a designated permit parking space on a residential parking street without a valid parking permit issued by the city. (h) Violations and penalties. The parking of any vehicle in a manner contrary to the residential parking provision established herein shall be subject to the penalties and laws provided within the Code of Ordinances of the city. The use of any residential parking permit in a manner contrary to the provisions established herein is prohibited and the same is declared to be unlawful in addition to those penalties dictated above, the city manager or designee shall have the responsibility and authority to revoke the residential parking permit of any resident for the abuse of or use of a residential parking permit in a manner contrary to the provisions established in this section. Revocation of the residential parking permit or conviction of a violation may be considered just cause for denial of future residential parking permits to such resident. The parking of any vehicle in a manner contrary to the residential parking provision established herein shall be subject to the penalties provided in section 21-38 (1) of the Code of the city, as set forth in the schedule attached to Ordinance 75-92-9. (i) This section is hereby repealed effective 12:00 midnight on February 23, 1994. Prior to the repeal hereof, upon review by the city commission, this section may be extended as deemed appropriate by the city commission. (Ord. No. 75-92-9, § 2, 2-24-92) Supp. No. 12 1228 TRAFFIC AND MOTOR VEHICLES § 21-38 Secs. 21-28-21.35. Reserved. DIVISION 2. ENFORCEMENT Sec. 21-36. Issuance of citations. The director of public safety shall have exclusive control of and shall have printed uniform traffic citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the duty of the public safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto, at the close of each day's work, with the director of public safety. (Code 1970, § 11-3; Ord. No. 57-79-8, § 11.30, 6-11-79) Sec. 21-37. Form of citations. Citations for violation of parking ordinances shall: (1) Be in writing and in the name of the city; (2) Set forth substantially the nature of the offense and the number of the ordinance being violated; (3) State the date and time delivered; (4) Specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; (5) Command the owner or operator of the vehicle causing the violation to pay to the director of the public safety department the applicable fine as established by section 21-38; (6) Be signed by the person issuing them. (Code 1970, § 11-5) Sec. 21-38. Schedule of fines. There is established the following schedule of fines to be assessed in cases of parking violations occurring in the city: (1) Parking in prohibited areas $ 15.00 (2) Parking at fire hydrant 15.00 (3) Improper parking 15.00 (4) Parking double 15.00 Supp. No. 12 1229 § 21-38 ATLANTIC BEACH CODE (5) Obstructing traffic 15.00 (6) Obstructing driveway 15.00 (7) Illegal parking in space reserved for handicapped 250.00 (Code 1970, § 11-4; Ord. NO. 57-84-10, 4-9-84; Ord. No. 75-86-5, § 1, 1, 5-27-86) Sec. 21-39. Payment of parking fines. (a) The director of public safety is authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto, in person at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter. (b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within seven (7) days an additional cost of two dollars ($2.00). If the director of public safety has not received payment of a parking fine within seven (7) days after the delivery of the citation or if the violator has paid by U.S. mail, and his payment is not postmarked within seven (7) days after delivery of the citation, the director of public safety shall give written notice to the person in whose name the license tag on the vehicle is regis- tered, as the case may be, by U.S. mail at his last known address, that a summons will be issued unless the parking fine and two dollar ($2.00) additional cost is paid within thirty (30) days from the date of violation. (c) The director of public safety shall have the discretion of relieving the person named in the citation of paying the additional two dollars ($2.00) cost upon good cause being shown and documented by the director of public safety. (d) If the mailed notice cannot be delivered to the person named in the citation or if there is not available to the director of public safety sufficient or available local information on out -of -county and out-of-state vehicles, the director of public safety shall, after diligent effort to locate the person, make the citation uncollectible and permanently file same. (e) If the director of public safety has not received voluntary payment of a parking fine within the above thirty -day period, or if paid by mail, not postmarked within thirty (30) days of the date of the original citation, he shall, based on the original citation, certify to the state attorney by affidavit the nonpayment of the parking fine within the thirty -day period, who shall cause to have issued a summons commanding the person named in the citation or the person in whose name the license tag on the vehicle is registered, as the case may be, to appear before the county court at a designated place not less than seventy-two (72) hours after the delivery of the summons, unless another time and place is ordered by the court. For the purpose of prosecution in the county court, the issuance of the summons shall constitute a docket entry. (Code 1970, § 11-6) Supp. No. 12 1230 TRAFFIC AND MOTOR VEHICLES § 21-51 Sec. 21-40. Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the director of finance in a manner prescribed by the director of finance. (Code 1970, § 11-8) Sec. 21.41. Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforce- ment thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. (Code 1970, § 11-7) Secs. 21-42-21-49. Reserved. ARTICLE III. WRECKER SERVICE* Sec. 21.50. Establishment of rotating wrecker call list. The chief of police, subject to approval by the city manager, is authorized to establish standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing firms, companies, or corporations licensed to conduct that business may apply for a listing by the police department on the rotating wrecker call list. (Ord. No. 57-92-18, § 1, 4-13-92) Sec. 21-51. Charges for towing and storage. (a) The charges for towing and otherwise removing any damaged motor vehicle from any point within the city limits shall be as follows: *Editor's note—Ordinance No. 57-92-18, §§ 1-5, adopted April 13, 1992, did not specif- ically amend the Code; therefore inclusion as §§ 21-50-21-54 was at the discretion of the editor. Cross references—Removing and impounding, § 21-25; towage and storage charges, § 21-26. Supp. No. 12 1231 § 21-51 (1) Class A wrecker: Passenger cars and light vans Trucks (half -ton to two tons Campers, trailers and mobile homes Motorcycles (2) Class B wrecker: Any truck, unit or part thereof, from more than two tons to ten tons of weight (3) Class C wrecker: Any truck or unit of ten tons or greater weight (4) (5) Overturned vehicles: Regular price plus On Ocean: Driver and/or wrecker must enter water reg- ular price plus (6) Use of dollies: Regular price plus ATLANTIC BEACH CODE Daytime (6:00a.m.-6:00p.m.) $35.00 35.00 50.00 35.00 $50.00 per hour towing charge, but in no event less than a $50.00 charge for towing, and not more than $50.00 per hour for cleanup, extra labor and waiting time. $75.00 per hour towing charge for a truck or unit transport- able as a whole, but in no event less than $75.00 charge for such towing, or, $100.00 per hour towing charge for a truck or other unit not transportable as a whole, but in no event less than a $100.00 charge for such towing; and not more than $100.00 per hour for cleanup, extra labor or waiting time. 25.00 25.00 Nighttime (6: 00p. m. — 6: 00a. m.) Sunday and Legal Holidays $45.00 45.00 50.00 45.00 25.00 35.00 25.00 30.00 Supp. No. 12 1232 TRAFFIC AND MOTOR VEHICLES § 21-54 (b) The charges for storage of vehicles by wrecker service operators shall be as follows: Storage, outside per day Storage, inside per day $5.00 6.00 (c) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a partial fee is allowed of ten dollars ($10.00), if the wrecker has been physically attached to the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged. (d) The above charges may be changed by resolution adopted by the city commission. (Ord. No. 57-92-18, § 2, 4-13-92) Cross reference—Towage and storage charges, § 21-26. Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at all times with amber flashing lights and all necessary working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher. (Ord. No. 57-92-18, § 3, 4-13-92) Sec. 21.53. Liability insurance. All wreckers must have, maintain, and keep in full force and effect, liability insurance in amounts not less than one hundred thousand dollars ($100,000.00) to three hundred thousand dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars ($50,000.00). (Ord. No. 57-92-18, § 4, 4-13-92) Sec. 21-54. Repairing vehicles without authorization prohibited. It shall be unlawful for any person to dismantle or to make repairs, alterations or addi- tions to any such removed vehicle without the written consent signed by its owner or his duly authorized agent. (Ord. No. 57-92-18, § 5, 4-13-92) [The next page is 1277] Supp. No. 12 1233 UTILITIES § 22-24 Sec. 22-21. Right of access by city employees. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to providing service. (Code 1970, § 27-5) Sec. 22-22. Fee to reestablish service after cutoff. If water service is turned off, either because of delinquency or upon the request of the consumer, for any purpose, a cut -on fee of fifteen dollars ($15.00) shall be charged and paid when water is turned on. A late fee of five dollars ($5.00) will be charged if an account is not paid within thirty (30) days of the billing period. (Code 1970, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15 § 2, 1-13-86) Sec. 22-23. Testing of meters; liability for cost of testing; adjustment of bills. Upon written request of a consumer, the meter will be tested by the city. The city will require a deposit to defray cost of testing. Such deposit shall not exceed the following schedule of fees: Meter Size (inches) Fee 6/8by3/4 $10.00 1 and 11/2 12.50 2 15.00 Above 2 Actual cost If the meter, when tested, is found to be not more than two (2) percent fast, the deposit shall be forfeited to the city as a service charge for conducting the test; otherwise, the expense of the test will be borne by the city and billing adjustments for a period not to exceed six (6) months will be made. The city at any time, without charge, will make a field test of the accuracy of the water meter in use at the customer's premises provided the meter has not been tested within the past six (6) months. (Code 1970, § 27-7; Ord. No. 80-86-33, § 1, 11-24-86) Sec. 22-24. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Liability for service shall begin on the day the consumer is connected to the city water main and shall continue thereafter until the service is disconnected for nonpayment or for other cause, after written notice is given the city by the consumer of his desire to terminate the service. No allowance will be made for vacant houses unless a request in writing to have the water shut off is received by the city, nor will any allowance be made for any shut-off period less than thirty (30) days. (Code 1970, § 27-8) Supp. No. 12 1279 § 22-25 ATLANTIC BEACH CODE Sec. 22-25. Basis for billing if meter fails to register. If any meter on a consumer's premises is destroyed by fire or other causes or fails to register, the consumer will be billed for the period involved on a basis of previous consumption. (Code 1970, § 27-9) Sec. 22-26. Determination of type of service for each consumer. The city manager, or some person designated by him, shall have the authority to deter- mine what type of service shall be rendered by the city to each consumer. (Code 1970, § 27-10) Sec. 22-27. Property owner responsible to city for water charges. The property owner shall at all times be responsible to the city for its proper charges for water service. (Code 1970, § 27-11) Sec. 22-28. Charges for water service. The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: (1) Customers within city: a. Single units. The minimum bill for a single unit shall be for nine thousand (9,000) gallons of water, and shall be nine dollars ($9.00) per quarter. All water used in mm_�_.�_ �.�` „-«_ � a.V_ ..-ociariol (0 000 ,_.._11..,.�_ _1.. x.11 L __1 �,. tl at r . .. T�.11- C"iX�'G'u�'1 UY £Lh.LL 'i U11JU U.11U1 \J,UUtT) �'fYYiUYYi9 bL .3i USG 1:11YY1�GtX 27Lf. Lllt. LctI UL Ui1C UULL U ($1.00) per one thousand (1,000) gallons. b. Multiple units. For multiple units served through the same meter, the rates and minimums shall be in accordance with the following scale. All excess gallonage shall be charged for at the same rate as provided for single units above. Minimum bill Units Gallons per quarter 2 13,500 $13.50 3 18,000 18.00 4 22,500 22.50 5 27,000 27.00 6 31,500 31.50 7 36,000 36.00 For each additional unit over 7 there will be a minimum charge of $3.75 for 3,750 gallons per unit. Supp. No. 12 1280 UTILITIES § 22-30 (2) Customers outside the city: The rates applicable to customers outside the city shall be one and one quarter (1.25) times the above rate applicable to customers inside the city. (Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No. 80-91-45, § 1, 12-16-91) Sec. 22-29. Billing dates; failure to receive bill; when bills become delinquent; dis- connection of service for failure to pay bill. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent thirty (30) days thereafter. The director of finance shall order the immediate disconnection of all delin- quent services, and service shall not be restored until the delinquent bill and a service charge of five dollars 45.00) is paid. (Code 1970, § 27-13) Sec. 22-30. Private fire protection service. Fire protection service charges shall be billed annually in advance. Fire protection service, either private hydrants or sprinkler systems, shall be installed from the main inward at the expense of the consumer. All such installations shall be made in strict accordance with Supp. No. 12 1280.1 UTILITIES § 22-166 testing pertinent to discharge to the community system in accordance with the provisions of this article. The city shall have the right to suspend service if permission is denied. (Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83) Sec. 22-152. Information concerning industrial processes. The city manager or other duly authorized employees are authorized to obtain informa- tion concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revela- tion to the public of the information in question might result in an advantage to its competitors. (Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83) Sec. 22-153. Observing safety rules; indemnification and liability. While performing the necessary work on private properties referred to in section 22-151, the manager or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 22-134. (Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83) Sec. 22-154. Easements. The city manager and other duly authorized employees of the city bearing proper creden- tials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewa- ter facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83) Secs. 22-155-22-165. Reserved. DIVISION 7. SEWER USER RATES AND CHARGES Sec. 22-166. Establishment of a quarterly base charge. User charges will be levied quarterly as follows: (a) Quarterly base charge. A quarterly base charge of twenty dollars and twenty-five cents ($20.25) per equivalent residential unit will be levied upon each connection in accordance with the following: Supp. No. 12 1294.1 § 22-166 ATLANTIC BEACH CODE An equivalent residential unit (ERU) is defined as a wastewater connection that delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater flow to the waste stream, or equivalency, as one five-eighths (6/s) inch by three-fourths (3/4) inch water meter. The quarterly base charge is levied as follows: Single-family residential Multifamily residential Mobile home Travel trailers Hotel/motel with kitchen Master -metered commercial Restaurants, laundries, and car wash connections All other commercial customers $20.25 per account 0.75 x $20.25 per unit 0.75 x'$20.25 per unit 0.60 x $20.25 per site 0.50 x' $20.25 per unit 0.60 x $20.25 per unit $20.25 per unit $20.25 x ERC factor $20.25 x ERC factor where the ERC factor for the commercial classification is based upon meter size as follows: Meter Size ERC Factor (in inches) 5/8 x % 1 $ 1.00 1.28 1Y2 2.08 2 2.88 3 5.60 4 10.00 6 20, 00 (b) The rates applicable to customers outside of the city shall be one and one quarter (1.25) times the rates above. (c) Quarterly base surcharge for revenue generation system required by the Federal En- vironmental Protection Agency and the State Department of Environmental Regulation. A surcharge of five dollars and fifty cents ($5.50) per equivalent residential unit shall be levied upon each connection except in the Buccaneer Water and Sewer District in accordance with the following: Usage Classification ERC Factor Single-family residential $1.00 per account Multifamily residential 0.75 per unit Mobile home 0.75 per unit Travel trailer site 0.60 per site Hotel/motel 0.50 per unit with kitchen 0.60 per unit. Supp. No. 12 1294.2 UTILITIES § 22-169 Usage Classification ERC Factor Master -metered commercial, more than one unit on one meter $1.00 per unit Commercial 5.50 x ERC Factor Restaurants, laundries, and car wash connections 5.50 x ERC Factor as provided in (a) above. (Ord. No. 80-83-23, § I(Art. VIII, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85; Ord. No. 80-86-30, § 1, 3-24-86; Ord. No. 80-86-31, § 1, 6-23-86; Ord. No. 80-87-34, § 1, 6-22-87; Ord. No. 80-91-45, § 2, 12-16-91) Sec. 22-167. Schedule of wastewater volume charges. (a) There is hereby established a uniform volume charge per one thousand (1,000) gallons of water as follows: (1) Single-family residential $2.25 per 1,000 gallons of actual residential water consump- tion in excess of 9,000 gallons per quarter up to a maximum of 40,000 gallons per quarter. (2) Restaurants, laundries, $2.25 per 1,000 gallons of actual water consumption in excess of 9,000 gallons per quarter (3) All other classifications $2.25 per 1,000 gallons of actual water consumption in excess of 9,000 gallons per quarter (b) The rates applicable to customers outside of the city shall be one and one-quarter (1.25) times the rates above. (Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No. 80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord. No. 80-88-40, § 1, 6-13-88; Ord. No. 80-91-45, § 3, 12-16-91) Sec. 22-168. Review and changes of rates. The uniform rates and charges established by this division shall be reviewed annually, or as directed by the city commission, and any change of rates and charges shall be established by ordinance of the city commission after due public notification. Any rates and charges established as provided in this division shall be binding with the same force and effect as if incorporated in this section. (Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83) Sec. 22-169. Connection fees. Charges for providing and approving connections to the sewer system with installation performed by the city are as follows and shall be in addition to impact fees. Supp. No. 12 1295 § 22-169 ATLANTIC BEACH CODE All units Cost for labor and materials as provided in section 2-368 of the City Code. (Ord. No. 80-83-23 § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87) Sec. 22-170. Impact fees. The fee for providing facilities for new connections and capacity increases for growth shall be as follows: Residences, per unit $ 1,035.00 Commercial: Office buildings, per 100 square feet 40.00 Groceries, per 100 square feet 20.00 Retail shops, per restroom 1,260.00 Theatres, per seat 16.00 Restaurants, per seat 160.00 Service stations, per restroom 3,150.00 Car wash, self-service, per stall 1,850.00 Car wash, roll-over 11,850.00 Car wash tunnel 17,750.00 Beauty shops/barber shops, per chair 630.00 Laundromats, per machine 790.00 Hotels/motels, per restroom 475.00 (Ord. No. 80-83-23, § 1(Art. VIII, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89) Sec. 22-171. Payment of connection fees and impact fees. Payment of connection fees shall be due and payable prior to the issuance of a building permit. For existing buildings or structures, the city manager may allow payment of fees on an extended payment plan for up to five (5) years if the owner has demonstrated to the satisfaction of the city manager that the lump sum payment will constitute a hardship to the applicant. A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full, the lien shall be release of record. (Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83) Sec. 22-172. Disposition of impact fees. All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the wastewater system capital improvement account. The money deposited and held in said account and all interests accrued thereto shall be used only for the Supp. No. 12 1296 UTILITIES § 22-175 improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83) Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bilis for sewer charges where water and/or garbage service is furnished other than through the city shall be com- puted as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83) Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after the thirtieth day from the billing date, dated on the bill, a penalty of five dollars ($5.00) shall be imposed and added to the bill. The city shall mail at that time a late notice to the user stating that if the bill remains unpaid for a period of ten (10) additional days, then the city shall discontinue the service. If the bill remains unpaid for a period of ten (10) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a turn-off and turn -on charge of fifteen dollars ($15.00). If, after discontinuation of services, the bill remains unpaid for an additional thirty (30) days, the city shall acquire a lien on the property being serviced which may be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76) Sec. 22-175. Sewer charges applicable if sewer available. The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner, tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § 1(Art. VIII, § 10), 6-27-83) Supp. No. 12 1297 ZONING AND SUBDIVISION REGULATIONS § 24-17 f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste or fill on a parcel of land. (3) The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section: a. Work by highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. b. Work by a utility and/or other person engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing or construction on established rights of way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like. c. Work for maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. d. The use of any structure or land devoted to dwelling uses for any purpose cus- tomarily incidental to enjoyment of the dwelling. e. A change in the ownership or form of ownership of any parcel or structure. f. The creation or termination of rights of access, riparian rights, easements, cov- enants concerning development of land or other rights in land. Dwelling shall mean any building or portion thereof which is designed for or used for residential purposes but does not include a trailer coach or converted trailer, hotel, motel, lodginghouse or boardinghouse. Dwelling, multifamily shall mean a residential building designed for or occupied exclu- sively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, one- (single) family shall mean a private residence building used or intended to be used as a home or residence in which the use and management of all sleeping quarters and appliances for sanitation, cooking, ventilation, heating and lighting are designed primarily for the use of one (1) family unit, and with partitioning so that any substantial interior portion of the dwelling, without resort to exterior access and the building, shall have only one (1) kitchen and one (1) electrical meter. Dwelling, two-family shall mean a residential building designed for or occupied by two (2) families, with the number of families in residence not exceeding the number of dwelling units provided (duplexes). Dwelling, secondary shall mean a single dwelling combined with a private garage with capacity of not more than two (2) motor vehicles erected in the rear of a principal dwelling in any district when the lot has a width of fifty (50) feet or more and extends from street to street. Easement shall mean a grant from a property owner for the use of land for a specific purpose or purposes by the general public, by a corporation or by a certain person or persons. Eaves and cornices shall mean projections from any side of the main building (see fences, hedges, walls, eaves and cornices, section 24-157 this chapter). Supp. No. 12 1409 § 24-17 ATLANTIC BEACH CODE Exception shall mean a use that would not be appropriate generally and with restriction throughout the zoning district, but if controlled as to number, area or location, would be permissible as stipulated in this chapter. Family shall mean one or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two (2) living and cooking together as a single house- keeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family. Fences, hedges and walls shall mean dividers between two (2) properties. Filling station. See Service station, automotive. Flood shall mean a temporary rise in the level of a body of water inundating areas not ordinarily so covered. Flood frequency shall mean the statistically determined average for how often a specific flood level or discharge may be equaled or exceeded. Floodway shall mean the channel of a watercourse and portions of the adjoining flood- plain which are reasonably required to carry and discharge the regulatory flood. Floor area shall mean the sum of the gross horizontal areas of several floors of a building or buildings, measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached buildings. Foster home shall mean any establishment that provides care for more than five (5) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, wherever operated and whether or not operated for profit. Garage, apartment shall mean a building, designed and intendal to ho 1119,4 fnr the housing of vehicles, belonging to the occupants of an apartment building on the same property. Garage apartment shall mean an accessory or subordinate building, not a part or attached to the main building, containing living facilities for not more than one (1) family, the living facilities of which shall not occupy more than fifty (50) percent of the total floor area of building. Garage, private shall mean an accessory building or a portion of the principal building used for storage of automobiles of the occupants of the principal building. A carport is a private garage. Garage, public shall mean a building or portion thereof, other than a private or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motordriven vehicles. Garage, repair shall mean a building or portion thereof used for repairing, equipping or servicing motor vehicles. Garage sale shall mean the sale of personal property in, at or upon any residentially zoned property, or upon any commercially zoned property independent of any business licensed Supp. No. 12 1410 ZONING AND SUBDIVISION REGULATIONS § 24-17 under this Code to conduct retail sales upon such property. Garage sales shall include, but not be limited to, all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any such sale, whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale or any similar designation. Garage, storage shall mean a building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than storage, at such storage garage shall be limited to refueling, lubrication, washing, waxing and polishing. Garden apartment. See Dwelling, multifamily. Government use shall mean the use of certain lands owned by the federal, state or local government and are used for a purpose which is particularly and peculiarly related to governmental functions. Any lawful activity is permitted without restriction. Any lands used by a government which is converted to private ownership shall comply with the requirements of the zoning district. Grade, calculated average shall mean the average elevation of a site, calculated prior to excavation, fill or land balancing. The average elevation of the site shall be determined by superimposing a horizontal grid composed of ten (10) equidistant lines by ten (10) equidistant lines, arranged such that the outer perimeter lines shall be substantially aligned with the exterior lot lines, over the existing site. At each of the intersections of the lines of the grid, the existing grade elevation shall be determined by a registered land surveyor using standard practices. The average elevation of the site shall then be determined by adding the one hundred (100) elevations as measured at the points of intersection of the grid together and dividing by one hundred (100). This calculated average elevation shall be used for all deter- minations of building heights on that site and shall be recorded in the records of the city. Alternatively, and by mutual concurrence of the property owner and the zoning official, on sites where the existing grade is predominantly flat, with few or no variations of grade, the calculated average grade may be calculated by establishing the elevation at the points of intersection of the exterior lot lines plus one (1) point at the approximate center of the prop- erty. All points measured shall lie on or within the lot lines of the property. Grade, finished shall mean the elevation of a site after all fill, land balancing or site preparations have been completed. Finished grade shall not be used in the calculation of building heights. Group care home shall mean any dwelling, building or other place, occupied by seven (7) or more persons, including staff, whether operated for profit or not, which provides for a period exceeding twenty-four (24) hours, one or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, who require such services. The personal services, in addition to housing and food services, may include but not be limited to personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security, and other related services but not including medical services. Guest cottage shall mean living quarters within a detached accessory building located on the same lot or parcel of land as the main building, used exclusively for housing members of Supp. No. 12 1411 § 24-17 ATLANTIC BEACH CODE the family occupying the main building and their nonpaying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. Height of building shall mean the vertical distance from the calculated average grade of the lot to the highest point of the roof or parapet of the building. Home occupation shall mean any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Hospital shall mean any institution, including a sanitarium, which maintains and oper- ates facilities for overnight care and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent or convalescent home, as previously defined. Hotel, motel, motor lodge or tourist court shall mean a building as licensed by the state containing individual guest rooms for which daily or weekly lodging is provided as the more or less transient residence of individuals, and ingress and egress to and from all rooms are made through an inside lobby. House trailer. See Mobile home. Impervious surface coverage. See Lot coverage. Institutional use shall mean the structure and/or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on functions, such as hospitals, schools, churches. fraternal orders, orphanages and nursing or convalescent homes. Junk shall mean inoperative, dilapidated, abandoned or wrecked materials, including but not limited to, automobiles, trucks, tractors, wagons, boats and other kinds of vehicles and parts thereof, scrap materials, scrap building materials, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery and the like. Junkyard shall mean a place where junk, waste, discarded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Junkyards shall include automobile wrecking, house wrecking and structural steel materials and equipment yards, but shall not include places for the purchase or storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials for manufacturing operations. Kennel, pet shall mean the keeping of any pet or pets, regardless of number, for sale or for breeding, boarding or treatment purposes, except in an animal hospital, animal grooming parlor or pet shop. Land development code. For purposes of this chapter, "land development regulations" or "regulations for the development of land" include any local government zoning, subdivision, Supp. No. 12 1412 ZONING AND SUBDIVISION REGULATIONS § 24-17 building and construction or other regulations controlling the development of land. The various types of city regulations controlling the development of land within the city may be combined in totality in a single document known as the "Land Development Code" of the city. Landscaping shall mean any of the following or combination thereof: living materials, such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials commonly used in landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving. Laundry, self-service shall mean a business that provides home -type clothes washing and drying or ironing machines for hire to be used by customers on the premises. Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, come- dians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Living area shall mean the minimum floor area of a residential dwelling unit, as mea- sured by its exterior dimensions, having access from within the main living area, exclusive of carports, porches, sheds, garages and utility rooms which are not within the walls of a dwelling. Loading space shall mean a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks or other motor vehicles. Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including at least one (1) main building together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly -owned or maintained street. The term lot shall include plot or parcel. Lot, corner shall mean a lot abutting upon two (2) or more streets or at a street intersec- tion or at a street corner having an interior angle not greater than one hundred thirty-five Supp. No. 12 1412.1 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. 12 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 the 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; Ord. No. 90-91-155, § 1, 7-22-91; Ord. No. 90-92- 157, § 1, 5-26-92) s. 24-18— ': . Reserved. ARTICLE III. ZONING REGULATIONS DIVISION 1. GENERALLY Sec. 1. 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.. Ariministrstive procPdurPs and the responsibilities of the city commission, administrative official, planning agency, board of adjustment and code enforcement board are set forth. Procedures for filing applications for changes and amendments to this chapter, appealing decisions on any matter covered in this chapter, notification of violation and penalties for violation have been included. (Ord. No. 90-82-74, § 2(III, 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. 12 1420 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(i) 80-87-34 6-22-87 1 22-166(b) 80-87-35 9-28-87 1 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 1 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. 12 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 90-90-153 8-28-90 1 24-82(b) 55-90-23 10-22-90 1 16-1 2 Added 16-11 95-90-48 12-13-90 1 14-1(a) 45-91-9 1-28-91 1 20-59 80-90-43 4- 8-91 1.0-5.0 22-301-22-310 59-91-14 4- 8-91 1 2-276(a)(2), (c) 58-91-15 4-22-91 1 2-262 2-270(5) 2-272 80-90-44 4-22-91 1.0-5.0 22-331-22-337 95-91-49 6-10-91 1 4-6 90-91-155 7-22-91 1 24-17 57-91-17 9-26-91 1 Addcd 15-,22 95-91-50 50-28-91 1 Added 2-2 55-91-24 11-25-91 1, 2 16-7(4), (5) 80-91-45 12-16-91 1 22-28 2, 3 22-166, 22-167 55-92-25 1-10-92 1 16-7(4) 58-92-17 1-27-92 1 2-90(c)(2) 95-92-51 2-10-92 1 4-23, 4-24 75-92-9 2-24-92 1 21-22 2 Added 21-27 5-92-22 4-13-92 1 2-331 45-92-10 4-13-92 1 20-59 55-92-26 4-13-92 1 16-1-16-15 57-92-18 4-13-92 1-5 Added 21-50-21-54 90-92-157 5-26-92 1 24-17 95-92-52 5-26-92 1 Added 13-11 Supp. No. 12 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 mat- ters. Florida Constitution Article Section V 20(dX4) F.S. Section 1.01 13.201 23.011 60.05 Ch. 97 97.041 98.041 98.211 100.011 100.361 101.62 112.061 112.65 112.311 Ch. 119 Ch. 161 161.041 161.053 Ch. 162 162.02 162.05 162.05(4) 162.07 162.08 162.09 Supp. No. 12 Section this Code 1-2 Ch. 9(note) Ch. 14(note) 2-168, 2-169 Ch. 12(note) Char., § 86 Char., Art. IX (note) Char., § 79 Char., § 31 Char., § 80 Char., § 97 Char., § 87 Char., Art. XI (note) Char., § 85 Ch. 2, Art. VII, Div. 3(note) 2-285 Char., § 166 Ch. 2, Art. II(note) Char., § 16 Char., § 165 Ch. 2(note) Ch. 5(note) 6-20(bX3) 6-20(bX3) 6-21(e), (r) Ch. 2, Art. V, Div. 2(note) 2-146 2-141, 2-142 2-145 2-143, 2-144 2-148 2-149 F. S. Section 162.10 162.11 Ch. 163 163.3161 2053 Section this Code Char., § 9 Char., § 151 Char., § 159 Section this Code 2-150 2-151 14-1(a) 21-302(15) Char., Art. XIV (note) Ch. 14(note) Ch. 24(note) 163.3174 14-22 163.3178 6-27 Ch. 166 Charter(note) Char., § 4 Char., § 9 Char., § 32 Char., § 34 Char., Art. VIII (note) Char., Art. XIV (note) Char., § 159 21-302(9) 166.021 Char., Art. I(note) Char., § 4 166.021(4) Char., § 17 166.021(5) Char., Art. V (note) Char., Art. VII (note) Char., § 7 Char., § 32 Char., § 34 166.032 Char., § 79 166.041 Char., § 17 Char., Art. XIV (note) 24-4 ATLANTIC BEACH CODE F.S. Section F. S. Section Section this Code Section this Code 166.101 166.201 166.231 166.241 166.0425 Ch. 170 Ch. 171 Ch. 175 175.101 Ch. 177 177.27(15) 177.011 177.041 177.091 Ch. 180 Ch. 185 185.08 Ch. 192 193.023 193.116 200.065 Ch. 205 205.022 205.042 205.043(2) 205.043(3) 205.053 205.053(1) 205.063 205.192 Ch. 218 Char., Art. XV 218.33 Char., § 24 (note) 2-311 Ch. 2, Art. VII 253.12 Ch. 5(note) (note) 286.011 Char., § 14 Ch. 2, Art. VII Char., § 16 (note) Char., § 165 Ch. 20(note) Ch. 2(note) Ch. 20, Art. II 309.01 Ch. 5(note) (note) Ch. 316 Ch. 21(note) Char., § 24 21-1 2-311 316.008 Ch. 21(note) Ch. 17(note) 316.008(1Xa) Ch. 21, Art. II Ch. 19(note) (note) Char., § 2 316.195 Ch. 21, Art. II 2-272 (note) 20-77 21-16 24-205 316.1945 Ch. 21(note) 6-21(j) 21-17 Ch. 24, Art. 'IV 316.2045 19-1 (note) 320.823 6-23 24-205 Ch. 327 Ch. 5(note) 24-256 335.075 Ch. 19(note) Ch. 19(note) Ch. 367 Ch. 22(note) 2-272 Ch. 369 Ch. 5(note) 20-76 Ch. 372 Ch. 4(note) Ch. 20(note) Ch. 373 Ch. 8(note) Char., Art. VI 381.031(1Xg)1 4-29 (note) 381 03110L' r}.. A, e.+, VT Char., § 33 (note) Char., Art. XIII 381.261 Ch. 22(note) (note) Ch. 386 Ch.12(note) Char., Art. VI 403.0893 21-302(9), (10) (note) 403.413 5-4 Char., Art. XIII 16-7 (note) 403.415 Ch. 11(note) Ch. 20, Art. III 413.08 Ch. 3, Art. II(note) (note) Ch. 469 Ch. 6, Art. IV 20-51 (note) 20-52 Ch. 479 Ch. 17(note) 20-57 Ch. 489 Ch. 6(note) 20-57 496.01 Ch. 18(note) 20-54 Ch. 513 Ch. 10(note) 20-53 513.01 10-1 20-58 Ch. 514 Ch. 6, Art. VI 18-21(6) (note) Ch. 2, Art. VII Ch. 552 Ch. 7(note) (note) Supp. No. 12 2054 STATUTORY REFERENCE TABLE F.S. Section F.S. Section this Code Section Ch. 553 Ch. 6(note) Ch. 828 6-21(p) 876.05 553.01 Ch. 6, Art. IV 893.03 (note) 893.138 553.15 Ch. 6, Art. III 893.147 (note) 932.701 553.70 Ch. 6, Art. II(note) Chs. 561-568 3-1 561.01 Ch. 3(note) 943.14 562.14(1) 3-2 943.22 562.45(2) 3-2 943.25(8)(a) 3-4-3-6 590.12 Ch. 7(note) Ch. 633 Ch. 7(note) 633.35 2-263 633.121 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) Ch. 790 15-22(g)(3) 790.15 13-3 Ch. 791 Ch. 7(note) 806.13 6-111 22-57 Ch. 823 Ch. 12(note) Supp. No. 12 2055 Section this Code 4-5 Char., § 168 13-4 13-5 2-161 13-5 Ch. 15, Art. II(note) 2-263 2-262 15-1 [The next page is 2081) CHARTER INDEX U UTILITIES Section Failure to keep utility owned or operated by city in proper condition Suits against city for damages 160 Power of city commission to sell public utility systems, etc. 9(12) Powers of city 4(8) Furnishing local public services and utilities, etc. 4(8) Granting local public utility franchises, etc 4(10), 109 Purchasing, constructing, etc., local public utilities 4(9) Selling public utility systems Power of city commission 9(12) V VIADUCTS Failure of city to keep viaducts in proper condition Suits against city for damages w WATERWAYS, WATERCOURSES Power of city to control development and use of natural or artificial streams or bodies of water Power of city to regulate and restrict use of land and water for trade, industry, etc WATERWORKS Failure of city to keep waterworks in proper condition Suits against city for damages 160 WELFARE Powers of city Preserving public health, peace and welfare Regulating building and density of population, etc., for pur- pose of promoting welfare of city residents WITNESSES Investigations generally Compelling attendance of witnesses 164 Power of city commission to subpoena witnesses 15 Suits against city 160 160 4(25) 9(6) 4(12) 4(20) Y YARDS, COURTS, ETC. Powers of city commission 9(6) Z ZONING Powers of city Regulating building and density of population, etc Supp. No. 12 2099 4(20) ATLANTIC BEACH CODE ZONING—Cont'd. Section Powers of city commission Regulating buildings, density of population, etc. 9(6) Supp. No. 12 2100 CODE INDEX A ABANDONMENT Section Nuisances enumerated Abandoned wells, basements, refrigerators, etc 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles, refrigerators, etc. 12-1(bX7) Parking of abandoned property, vehicles, etc. 21-24 et seq. See: TRAFFIC ACCESS Subdivisions Design and construction standards Access to public streets 24-252(c) Lots, street access 24-255(d) Zoning regulations 24-135(e) et seq. See: ZONING ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct, provisions re advertisement 9-17 Noise provisions Loudspeakers for advertising purposes 11-8 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES AIR RIFLES, AIR PISTOLS, ETC. Discharging prohibited 13-3 ALCOHOLIC BEVERAGES Conditions of existing establishments 3-8 Consumption on vendor's premises 3-10 Consumption, possession of open containers upon public property 3-11 Definitions 3-1 Distances, measurement of 3-7 Existing establishments, conditions of 3-8 Exposure of private parts in establishments serving alcoholic beverages 13-17 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-9 Location of establishments, restrictions on 3-6 Locations where on -premises sales prohibited 3-5 Persons not holding license to sell 3-3 Premises where sales permitted 3-4 Restrictions on location of establishments 3-6 Supp. No. 12 2101 ATLANTIC BEACH CODE ALCOHOLIC BEVERAGES—Cont'd. Section Sales permitted Premises where sales permitted 3-4 Sales prohibited Locations where on -premises sales prohibited 3-5 ALLEYS Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon alley 21-25(aX4), (5) Dogs and cats running at large 4-24 Garbage, trash, etc. Depositing in alleys 16-7 Nuisances enumerated Throwing, discharging, etc., garbage, filth, etc., into alleys . 12-1(bX2) Abatement Of nuisances, etc. See: NUISANCES AMENDMENTS TO CODE Provisions re 1-9 ANIMALS AND FOWL Animal control officer Appointment 4-1 Interfering with officers 4-2 Animal shelter Breaking open fences, gates, etc.; letting loose animals; etc4-3 Beaches Use of vehicles and riding of animals prohibited 5-17 Bird sanctuary City designated; shooting, molesting, etc., birds 4-4 Cats. See herein: Dogs and Cats Citations; penalties 4-30 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Cruelty to animals 4-5 Dead animals, removal and disposal of 4-8 Dogs and cats Damaging property 4-26 Definitions 4-21 Disturbing the peace 4-27 Impoundment 4-23 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25, 4-28 Rabies Dogs or cats suspected of having rabies 4-29 Registration and tagging required 4-22 Impoundment of unregistered dogs or cats 4-23 Registration and tagging Impoundment of unregistered dogs or cats 4-23 Required 4-22 Supp. No. 12 2102 CODE INDEX ANIMALS AND FOWL—Cont'd. Section Running at large 4-24 Vicious dogs 4-28 Vicious dogs 4-28 Zoning regulations for doghouses, pens, etc. Accessory uses by zoning district 24-151(bX1) Hogs, keeping 4-7 Supp. No. 12 2103 CODE INDEX BUILDINGS AND BUILDING REGULATIONS—Cont'd. Section Trees regulated Authority regarding supervision of work, under permits 23-17 Jurisdiction and supervision of building official 23-16 Building permits Coastal construction 6-20 Zoning regulations Administrative official's powers and responsibilities 24-47(7) Provisions generally 24-65 Building sewers and connections 22-101 et seq. See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Coastal construction code 6-18 et seq. See: COASTAL CONSTRUCTION CODE Community development board, 14-16 et seq. See: PLANNING Electrical code 6-31 et seq. See: ELECTRICAL CODE Fire prevention and protection 7-1 et seq. See: FIRE PREVENTION AND PROTECTION Flocd hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Garbage and trash provisions Removal of debris caused from building, rebuilding, etc16-11 Housing code Adoption 6-120 Loitering, sleeping, etc., in public buildings 13-2 Mechanical code 6-76, 6-77 Noise provisions Building operation at night 11-6 Nuisances. See also that subject Abandoned building rubbish, material, etc. 12-1(bX7) Permitting buildings to become dangerous, unsafe, etc 12-1(bX8) Structurally unsound structures, etc. 12-1(bX6) Numbering of buildings Attachment of numbers to buildings 6-107 Building official Duties 6-108 Removing or defacing 6-111 Required 6-106 Street numbering districts designated 6-109 Subdivision regulations, design and construction standards Street names and house numbers 24-252(j) System of numbering 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Supp. No. 12 2109 ATLANTIC BEACH CODE BUILDINGS AND BUILDING REGULATIONS—Cont'd. Section Subdivisions Design and construction standards, lots Building setback lines 24-255(f) Swimming pool code 6-91, 6-92 Temporary construction trailers, structures, etc. Zoning regulations 25-66 et seq. See: ZONING Zoning regulations 24-31 et seq. See: ZONING Wastewater system Sewer system extensions, construction. 22-192, 22-195 Water service Temporary service for construction work 22-19 Water shortages Permitting water to be used from fire hydrants for construc- tion work 22-39(eX4) BURIAL OF GARBAGE Solid waste provisions 16-6 BUSES Stopping, standing or parking buses or commercial vehicles 21-22 Zoning regulations Temporary residence 24-82(h) BUSINESS TRUSTS Definition of "person" to include business trusts 1-2 c CAMPERS SPP* RRCRP, ATTfNAT, VFTTTCi.T+S CANALS. See: WATERCOURSES, WATERWAYS CARNIVALS Water service, temporary 22-19 CARPORTS Zoning regulations Accessory uses by zoning district 24-151(bX1) CATS Regulated 4-21 et seq. See: ANIMALS AND FOWL CEMETERIES Definition of "public place" to include cemeteries 1-2 CERTIFICATES Electricians, certificates of competency 6-32 Plumbers, certificates of competency 6-57 Subdivisions Assurance for completion and maintenance of improvements Issuance of certificate of completion 24-235 Supp. No. 12 2110 CODE INDEX CESSPOOLS Section Constructing 22-73 CHARTIABLE CONTRIBUTIONS City funds use for prohibited 2-2 CHARTER Defined 1-2 CHICKENS. See also: ANIMALS AND FOWL Keeping chickens or poultry 4-7 CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT CHIEF OF POLICE. See: POLICE DEPARTMENT CHILD CARE CENTERS Zoning regulations 24-152 CHILDREN. See: MINORS CHILDREN PLAYHOUSES Zoning regulations Accessory uses by zoning district 24-151(bX1) CHIMNEYS Zoning regulations Height limitations 24-156(b) Supp. No. 12 2110.1 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 24-163 COMMISSION. See: CITY COMMISSION COMMISSIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY COMMUNITY DEVELOPMENT BOARD Provisions re 14-16 et seq. See: PLANNING COMMUNITY FACILITIES Zoning regulations, planned unit development (PUD) 24-136 COMPREHENSIVE PLAN Provisions re 14-1 CONDEMNATION Garbage and trash containers inspection.. 16-3(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 AND AGREEMENTS Certain ordinances saved from repeal 1-5 Solid waste collection 16-2 When contracts and expenditures prohibited 2-314 Supp. No. 12 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(aX1) Stopping, standing or parking vehicle on or within crosswalks 21.17(5), (6) CRUELTY TO ANIMALS Generally 4-5 CURFEW Provisions re minors in public places 13-153 et seq. See: MINORS DANCING Zoning regulations EstaliisiiineiuLs oat iiig dancing Oflive eii .en,aiiiirieii 1 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. 12 2114 CODE INDEX FALLOUT SHELTERS Section Zoning regulations Accessory uses and structures ' 24-151(bXl) FENCES, WALLS, HEDGES AND ENCLOSURES Animal shelter Breaking open fences, gates or enclosures of animal shelter 4-3 Nuisances enumerated Structurally unsound fences 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs, posters, etc., prohibited on gates, fences, walls, etc17-8 Swimming pools Enclosure to comply with building code and zoning regulations 6-92 Zoning regulations 24-135(b) et seq. See: ZONING FIDUCIARIES Definition of "person" to include fiduciaries 1-2 FILLING STATIONS Removal of spent oils or greases accumulated at - 16-11 Zoning regulations Supplementary regulations for service stations 24-165 FILTH Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES FINANCES Allotments constitute basis of expenditures and are subject to revision 2-312 Appropriations Allotments constitute basis of expenditures and subject to revision 2-312 Certain ordinances saved from repeal 1-5 Lapse of appropriations 2-315 Transfer of appropriations 2-313 When contracts and expenditures prohibited 2-314 Certain ordinances saved from repeal 1-5 Charitable contributions prohibited 2-2 Contracts and agreements. See also that subject When contracts and expenditures prohibited 2-314 Department of finance Created 2-72 Director of finance Appointment 2-71 Assisting in preparation of budget; accepting other respon- sibilities 2-76 Duties generally 2-74 Financial information 2-75 Investment of funds 2-73 Supp. No. 12 2119 ATLANTIC BEACH CODE FINANCES—Cont'd. Duties Functions Director of finance. See herein: Department of Finance Dishonored checks Fees paid to city government Fiscal year Lapse of appropriations Purchasing See: PURCHASES, PURCHASING Service and user charges Authorization Fees and charges Taxation See: TAXATION Transfers of appropriations Uniform travel policy and procedure See: TRAVEL User charges. See herein: Service and User Charges FINANCING OF HOUSING Discrimination in See also: FAIR HOUSING FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations Ordinances saved from repeal, other provisions not included. herein. See the preliminary pages and the adopting ordi- nance of this code FINGERPRINTING Solicitors FIRE DEPARTMENT Chief of fire department Appointment Compensation Duties and authority Fire prevention code Appeals from :actions of chief Enforcement of code by chief Modifications of code by chief Director of public safety Supervision of fire department Fire chief. See herein: Chief of Fire Department Life guard division FIRE ESCAPES Signs obstructing Supp. No. 12 2120 Section 2-78 2-77 2-317 2-316 2-311 2-315 2-331 et seq. 2-367 2-368 20-16 et seq. 2-313 2-356 et seq. 9-22 18-17 2-61 2.61 2-62 7-19 7-17 7-18 2-41 2-63 17-6 CODE INDEX FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant 21-25(aX1) Stopping, standing or parking vehicle within fifteen feet of hydrant 21-17(4) Water shortages Permitting water to be used from fire hydrants 22-39(eX4) Section FIRE PREVENTION AND PROTECTION Arsonists Reward for information leading to conviction of 7-1 Code. See herein: Fire Prevention Code Fire prevention code Adoption 7-16 Appeals from actions of chief of fire department 7-19 Enforcement 7-17 Modifications 7-18 Violations Penalty; separate offenses; removal of prohibited conditions . 7-20 Reward for information leading to conviction of arsonists .7-1 Water service charges Private fire protection service 22-30 Zoning regulations Planned unit development (PUD) Access for fire -fighting equipment 24-136(c) FIREARMS AND WEAPONS Discharging firearms, air guns, etc. 13-3 Disposal of confiscated or lost firearms 15-22 Hunting, shooting, etc., birds or wild fowl 4.4 Replica firearms Definitions 13-8 Possession and use regulated 13-9 FIRES Community development board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc., be- cause of fire 12-1(bX8) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs creating fire hazards 17-4 Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-25 FIRMS Definition of "person" to include firms 1-2 Supp. No. 12 2121 ATLANTIC BEACH CODE FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Section Prohibited discharges 22-129 FLEA MARKETS Defined; prohibited 13-11 FLOOD HAZARD AREAS Abrogation and greater restrictions 8-9 Areas of special flood hazard, basis for establishing 8-7 Community development board 14-16 et seq. See: PLANNING Compliance 8-8 Definitions 8-5 Development permit Application procedures 8-24 Established 8-23 Findings of fact 8-2 Flood hazard reduction standards Areas of shallow flooding (AO Zones) 8-35 Generally 8-31 Specifically 8-32 Streams without established base flood elevations and/or floodways 8-33 Subdivision proposals 8-34 Interpretation 8-10 Lands to which this chapter applies 8-6 Objectives 8-4 Planning and development director Designated 8-21 Duties and rasnon.ibilitieo 8-22 Purpose 8-3 Statutory authorization 8-1 Subdivisions Design and construction standards Soil and flood hazards . 24-251(3) Variance procedures 8-25 Violations and penalties 8-12 Warning and disclaimer of liability 8-11 FLOODLIGHTS Signs and advertising structures Use of spotlights and floodlights 17-10 FLOODS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants, etc 3-2 et seq. Supp. No. 12 2122 CODE INDEX FOOD AND FOOD ESTABLISHMENTS—Cont'd. Section Loitering in restaurants, luncheonettes, etc. 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances saved from repeal 1-5 FRAUD City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGE SALES Flea markets by definition re; prohibited 13-11 GARAGES Removal of spent oils or greases accumulated at 16-11 Zoning regulations Accessory uses and structures 24.151(bXl) GARBAGE AND REFUSE Beaches, littering 5-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances. See also that subject Abandoned building material, building rubbish, etc. 12-1(bX7) Abandoned debris, etc. 12-1(bX6) Depositing garbage, etc. 12-1(bX2) Depositing rubbish 12-1(bX3) Public sewers, use of Limitations on discharge concentrations or quantities 22-130 Prohibited discharges of unground garbage, etc 22-129(4) Recyclable materials Alternate disposal of items re 16-4 Removal prohibited 13-10 Solid waste provisions Alternate disposal of recyclable items 16-4 Annual review of fees 16-9 Burial of solid waste 16-6 Collection 16-2 Compost piles 16-7 Containers 16-3 Definitions 16-1 Supp. No. 12 2123 ATLANTIC BEACH CODE GARBAGE AND REFUSE—Cont'd. Section Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Enforcement 16-14 Fees for collection 16-8 Inspection of premises, duty of city 16-12 Leaves and grass clippings; tree trunks 16-5 Lot clearing, contractors' debris, removal of 16-11 Noncompliance 16-10 Oil and grease 16-11 Prima facie evidence of production of garbage 16-12 Violations and penalties 16-15 White goods; procedure and fees for removal 16-13 Zoning regulations Planned unit development (PUD) Refuse collection, access for 24-136 GARDEN TRASH Provisions re disposition of 16-5 GARDENS Waterworks system Water shortages; irrigation of flowers, foilage, etc 22-39 GAS Mechanical code Gas piping permit fee 6-77(2) Public service tax on gas, electricity, etc. 20-16 et seq. See: TAXATION Public sewers, use of Prohibited discharges 22-129 GASOLINE Public sewers, use of Prohibited discharges 22-129 GAZEBOS Zoning regulations Accessory uses by zoning district GENDER Defined GLASS Nuisances. See also that subject Open storage of glass, building material, etc 12-1(bX7) Public sewers, use of Prohibited discharges of metal, glass, etc 22-129(4) GONGS Noise. See also that subject Noise in public places generally Use of gongs on vehicles 24-151(bX1) 1-2 Supp. No. 12 2124 11-2 11-4 CODE INDEX GRASS CLIPPINGS Public sewers, use of Prohibited discharges of grass clippings Solid waste disposal GREASE. See: OILS, GREASE GUARDHOUSES Zoning regulations 24-158 GUNS. See: FIREARMS AND WEAPONS Section 22-129(4) 16-5 Supp. No. 12 2124.1 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 Wrecker service liability insurance 21-53 INTERSECTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within intersection 21-25(aX1) 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 Solid waste collections and disposal 16-5 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building sewers and connections, permits 22-102, 22-103 Supp. No. 12 2127 ATLANTIC BEACH CODE LICENSES AND PERMITS—Cont'd. Section Coastal construction 6-20 Development permit 8-23 et seq. See: FLOOD HAZARD AREAS Digging up streets Permit required of public utilities 19-2 Electrical permits 6-35 et seq. See: ELECTRICAL CODE Garbage and trash collection, removal, etc. Permit for 16-6 Licensed master electricians 6-33 et seq. Loudspeakers equipment, permit for operation of 11-8 Mechanical permits 6-77 Occupational license tax 20-51 et seq. See: TAXATION Parades and processions, permits for 21-2 Plumbing permit 6-58 et seq. See: PLUMBING CODE Private wastewater disposal, permits 22-88 Public address or loudspeaker equipment, permit for operation of 11-8 Residential parking sticker program; permits re 21-27 Sign permits 17-31 et seq. See: SIGNS AND ADVERTISING STRUCTURES Solicitor permits 18-16 et seq. See: SOLICITORS, PEDDLERS, ETC. Subdivisions Construction permits 24-206 Tree protection 23-18 Zoning Building permits 24-47(7), 24-65 Implementation of planned unit development Permits required 24-134(d) Permits for temporary construction trailers or structures 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 2-63 LIFEGUARDS Beaches. See also that subject Parking of sailboats not to obstruct lifeguard activities 5-6 LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises 3-9 Supp. No. 12 2128 CODE INDEX LIGHTS, LIGHTING—Cont'd. Section Mobile home parks and recreation vehicle parks Illuminating at night 10-2(2) Signs and advertising structures Flashing, revolving or blinker -type outdoor lights 17-10 Zoning regulations Service stations 24-165(4) Swimming pools, lighting 24-164(1) LITTERING 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 16-7 Garbage and trash collection and removal Removal of lot clearing and cleaning debris from lots 16-11 Subdivisions Design and construction standards 24-255 Supp. No. 12 2128.1 CODE INDEX OBSTRUCTIONS—Cont'd. Section Obstructing free passage over streets, sidewalks or other pub- lic ways 19-1 Ocean beach, safety zone Maintaining suitable obstructions or barricades 5-18 Public sewers, use of Discharges causing obstructions to flow in sewers 22-129(4) Signs and advertising structures Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view 17-5 Signs interfering with use of streets and sidewalks 17-4 Stopping, standing or parking vehicles alongside or opposite any street excavation or obstruction 21-17(7) Zoning regulations Obstructions in yards 24-84 OCEAN BEACH Safety zone of Ocean Beach 5-16 et seq. See: BEACHES OCCUPATIONAL LICENSE TAX Provisions re 20-51 et seq. See: TAXATION ODORS Garden trash giving off offensive odors 16-7 Nuisances. See also that subject Keeping of animals, chickens, etc., creating noxious odors 12-1(bX5) Public sewers, use of Limitations on discharge concentrations or quantities Waters or wastes containing odor -producing substances 22-130(6) OFFENSES Miscellaneous offenses and regulations 13-1 et seq. Specific penalties, remedies, etc. See specific offenses as in- dexed alphabetically according to subject OFFICERS AND EMPLOYEES Animal control officer 4-1 Benefits of employees 2-241 et seq. See also herein specific subjects Birthday, employees 2-226 Board of trustees of city employee's retirement system. See herein: Retirement System Building official 6-108 et seq. See: BUILDINGS AND BUILDING REGULATIONS Chief of fire department 7-17 et seq. See: FIRE DEPARTMENT Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Supp. No. 12 2133 ATLANTIC BEACH CODE OFFICERS AND EMPLOYEES—Cont'd. Section Deaths Retirement system. See herein that subject Defense of civil actions against; payment of judgments or settlements 2-1 Definition 1-2 Director of finance 2-71 et seq. See: FINANCES Director of public safety 2-41 Disability retirement Retirement system. See herein that subject Electrical inspector 6-36 et seq. See: ELECTRICAL CODE Holiday schedule 2-226 Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined 1-2 Life guard captain 2-63 Old -age and survivors insurance Appropriations and payment of contributions by city 2-244 Custodian of funds and withholding and reporting agent Designation of 2-248 Exclusions 2-246 Executive of agreements by mayor -commissioner 2-442 Records and reports 2-245 Social Security Act, acceptance of 2-247 Statement of policy 2-241 Withholdings from wages 2-243 A0�9Q�nnc Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Planning and development director Designated to implement flood hazard area provisions 8-21 et seq. See: FLOOD HAZARD AREAS Retirement system Assignments prohibited 2-295 Benefit groups 2-263 Board of trustees Actuarial data; report to city commission 2-265 Compensation 2-269 Composition 2-266 Meetings, quorum, voting 2-269 Responsibilities and duties generally 2-264 Term of office; oath of office 2-267 Vacancy, filling Z-68 Voting 2-269 Chairperson, secretary, treasurer, etc. 2-270 Compulsory separation from employment; extensions; retirement 2-277 Created, purpose 2-261 Supp. No. 12 2134 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Credited service Loss of credited service Military service credit Reinstatement of credited service Death while in city employment Automatic pension to spouse and/or children Elective survivor pension Deferred retirement upon separation from employment (vesting) Definitions Disability retirement Continuation subject to re-examination; return to employment General conditions for eligibility Divisions Errors Expenses of administering system Fraud, protection against Insurance coverage for retirants and beneficiaries Investment of retirement system assets Level straight life pension, amount of Member contributions Membership generally Method of making payments Military service credit Officers and employed services Optional forms of pension payment Reserve for employer contributions; city contribution Reserve for retired benefit payments Reserve for undistributed investment income Subrogation rights Undistributed investment income, reserve for Voluntary retirement conditions Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure See: TRAVEL Waterworks system Right of access by city employees Tapping of mains, etc., restricted to city employees OFFICIAL MAP. See: MAPS Section 2-272 2-273 2-275 2-274 2-283, 2-284 2-284 2-283 2-278 2-262 2-280 2-279 2-291 2-296 2-292 2-297 2-293 2-290 2-281 2-298 2-271 2-294 2-275 2-270 2-282 2-288 2-287 2-289 2-286 2-289 2-276 2-356 et seq. 22-21 22-17 OFF-STREET PARKING Zoning regulations 24-136 et seq. See: ZONING OIL, GREASE, ETC. Public sewers, use of Grease, oil and sand interceptors Limitations on discharge concentrations or quantities Prohibited discharges Supp. No. 12 2135 22-132 22-130 22-129 ATLANTIC BEACH CODE OIL, GREASE, ETC.—Cont'd. Section Removal of spent oils or greases accumulated at garages, fill- ing stations, etc. 16-9 ORDINANCES Code of ordinances 1-1 et seq. See: CODE OF ORDINANCES OUTDOOR LIGHTS Signs and advertising structures Use of flashing, revolving or blinker -type outdoor lights 17-10 OWNER Defined 1-2 P PARADES AND PROCESSIONS Permits required for 21-2 PARKING Residential parking sticker program Sailboats, parking of not to obstruct lifeguard activities at beaches 5-6 Stopping, standing and parking of vehicles 21-16 et seq. See: TRAFFIC Zoning regulations 24-136 et seq. See: ZONING PARKING LOTS Loitering in public places, etc 13-2 Water shortages Washing of parking lots 22-39(e) Zoning regulations 24-162 PARKS, PLAYGROUNDS AND RECREATION Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Beaches. See also that subject Definition of"public place" to include parks 1-2 Dogs and cats running at large 4-24 Garbage, trash, bottles, etc. Depositing in parks 16-7 Howell Park Use prohibited after dark 5-31 Loitering in parks 13-2 Obstructing passage through parks, etc 13-2 Zoning regulations Accessory uses by zoning district Tennis, basketball, etc., and other private recreation uses 24-151(bX1) PARTNERSHIPS Definition of "person" to include partnerships 1-2 21-27 Supp. No. 12 2136 CODE INDEX PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. Section PEDESTRIAN EASEMENTS Subdivisions, design and construction standards 24-253(d) Supp. No. 12 2136.1 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 Firearms 15-22 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 Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE 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 Supp. No. 12 2139 ATLANTIC BEACH CODE PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES i Section PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Police department 2-51. et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Community development board 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 2-87 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2. 2 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) Supp. No. 12 2140 CODE INDEX RADIOACTIVE WASTES OR ISOTOPES Section Public sewers, use of Limitations on discharge concentrations or quantities 22-130(7) REAL ESTATE BROKERS Fair housing 9-16 et seq. RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHICLES REFRIGERATORS Abandoned refrigerators, nuisance provisions 12-1(bX6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Dogs and cats 4-22 Solicitors 18-17 RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Waterworks system Initial payment of minimum water rental 22-18 REPEAL OF ORDINANCES See: CODE OF ORDINANCES REPLICA FIREARMS Definitions 13-8 Possession and use regulated 13-9 RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS RETIREMENT Retirement system for city employees 2-261 et seq. See: OFFICERS AND EMPLOYEES REWARDS Arsonists Reward for information leading to conviction of 7-1 RIGHTS-OF-WAY Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon any street or right-of-way '`-21-25(a) Building sewer installations, excavations within public right- of-way 22-111 Buses or commercial vehicles Stopping, standing or parking upon street or right-of-way 21-22 Maintenance of signs on state highway rights-of-way 17-35 Supp. No. 12 2140.1 CODE INDEX SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section Bond or public liability insurance Required for certain signs 17-3 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Concealing rear of sign structure 17.16 Damaged signs, removal of 17-7 Doors and windows Signs obstructing 17-6 Signs, posters, etc., prohibited on 17-8 Electric code, compliance with 17-12 Electrical conductors, proximity to 17-15 Electrical permits 17-12 Electrical wiring, installation of 17-13 Electricity, static 17-14 Exemptions Certain signs exempted from operation of provisions 17-1 Fire and traffic hazards Signs creating 17-4 Fire escapes, signs obstructing 17-6 Flashing, revolving or blinker -type outdoor lights 17-10 Flat signs Permitted signs 17-2(bX1) Height Minimum height above sidewalks 17-9 Horizontal projecting signs Permitted signs 17-2(bX2) Insurance required for certain signs 17-3 Maintenance generally; removal of damaged signs 17-7 Maintenance of signs on state highway rights-of-way 17-35 Marquee or awning signs Permitted signs 17-2(bX6) "No soliciting" or "no peddlers" signs on premises 18-2(3) Noise interfering with schools, courts or churches Conspicuous signs to be displayed in streets, etc. 11-10 Nonconforming signs 17-17 Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view at street intersections, etc..... 17-5 Permits Application for 17-32 Computation of sign area 17-33 Electrical permits 17-12 Fees 17-34 Maintenance of signs on state highway rights-of-way 17-35 Required 17-31 Permitted signs 17-2 Pole signs Permitted signs 17-2(bX5) Supp. No. 12 2143 ATLANTIC BEACH CODE SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section Rear of sign structure,. concealing 17-16 Residential parking permit signs, posting of 21-27(d) Roof signs Permitted signs .... ....... ............ ...:17-2(bX4) Securing signs 17-11 Setback requirements '17-12 Sidewalks. See herein: Streets and:Sidewalks Sign area, computation :of 17-33 State highway rights-of-way Maintenance.of•signs on 17-35 Streets and sidewalks Minimum height above sidewalks; maximum projection ..... 17.9 Signs interfering with use of 17-4 Signs, posters, etc., prohibited on sidewalk.3ur street 17-5 Traffic. See also that subject Confusion with, use of words on traffic -control signs 17Z Signs creating traffic hazards 174 Signs obstructing vision or view 17-5 Utility poles Signs, posters, etc., prohibited on 17-8 Vertical projecting signs Permitted signs 17-2(bX3) Walls, fences, etc. Signs, posters, etc., prohibited on 17-8 Windows. See herein: Doors and Windows Zoning regulations 24-166 Posting signs on property undergoing zoning proceedings 24-47(9) SIRENS Noise provisions Use of sirens on vehicles 11-4 SITES Zoning regulations 24-103(d) See: ZONING SLEEPING Loitering, sleeping, etc., in streets, parks, etc 13-2 SMOKESTACKS Zoning regulations Height limitations 24-156 SOCIAL SECURITY Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES SOIL Subdivisions Design and construction standards Soil and flood hazards 24-251(3) Supp. No. 12 2144 CODE INDEX SOLICITORS, PEDDLERS, ETC. Section Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Playing of musical instruments for purpose of soliciting money, etc. 11-5 Definition of "solicitor" 184 Entering upon residential premises under false pretenses 18-2 "No soliciting" or "no peddlers" signs on premises Entering premises where signs are displayed 18-2(31 Noise. See also that subject Crying or calling out by hawkers, taxicab drivers soliciting passengers, etc. 11-2 Noise in public places generally 11-2 Permits Exceptions 18-21 Fees 18-18 Issuance 18-19 Registration and fingerprinting required 18-17 Required 18-16 Revocation 18-20 Prohibited acts 18-2 Remaining on premises after occupant has requested such per- son to leave 18-2(2) SPOTLIGHTS Signs and advertising structures Use of spotlights, floodlights 17-10 STABLES Maintaining 4-7 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12.1(bX4) STATE HIGHWAY RIGHTS-OF-WAY Maintenance of signs on 17-35 STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STATIC ELECTRICITY Signs and advertising structures, provisions re static electricity 17-14 STEAM SHOVELS Noise provisions Building operations at night 11-6 Supp. No. 12 2145 ATLANTIC BEACH CODE STOPPING OF VEHICLES \ Section Regulated 21-16 et seq. See: TRAFFIC STORAGE Abandoned, wrecked, junked, inoperative, etc., vehicles Parking, storing or leaving longer than seventy-two hours Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Garbage and refuse 16-2(b) Towing and storage, charges for 21-51 See also: WRECKER SERVICE - Zoning regulations Accessory uses and structures Storage/tool sheds 24-151(bX1) Storage and parking of vehicles and equipment in residen- tial districts 24-163 STORM DRAINAGE. See: DRAINAGE STORM WATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Zoning regulations Planned unit development (PUD) Design and construction of storm sewer facilities 24-136(d) STORM -WATER MANAGEMENT riling 22-310 Collection e 22-310 Comprehensive plan re 22-304 Customer base 22-308 Definitions 22-303 Directors 22-306 Enterprise fund 22-309 Findings of fact 22-302 Powers and duties 22-307 Rates and charges Appeal process 22-337 Definitions 22-333 Enforcement 22-336 Fee schedule 22-335 Findings of fact 22-332 Short title 22-331 Utility fee category 22-334 Violations and penalties 22-336 Short title 22-301 Utility established 22-305 Supp. No. 12 2146 CODE INDEX STREAMS. See: WATERCOURSES, WATERWAYS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25 Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc. 22-111 Commercial and recreational vehicles Stopping, standing or parking upon any street 21-22 Community development board 14-16 et seq. See: PLANNING Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed, muzzled, etc 4-25 Dogs or cats running at large on public streets 4-24 Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excavations . 21-25(aX2) Digging up streets prohibited; exception as to public utili- ties; etc: 19-2 Stopping, standing or parking vehicles alongside or opposite any street excavation 21-17(7) Garbage, trash, etc. Depositing on streets, etc 16-7 Loitering, obstructions, etc., in public places 13-2 Section Supp. No. 12 2146.1 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 Utility services to which applicable 20-16 When purchase deemed made within. city 20-20 Telephone service. See herein: Public Service Tax TAXICABS Noise in public places generally 11-2 Stopping, standing or parking commercial vehicles 21-22 TELEPHONE OR TELEGRAPH POLES Signs, posters, etc., prohibited on 17-8 TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TELEVISION AND RADIO ANTENNAS Zoning regulations Accessory uses by zoning district 24-151(bXl) TENANTS Definition of "owner" to include tenants 1-2 TENNIS COURTS Water shortages Washing of tennis courts 22-39(e) Zoning regulations Accessory uses by zoning district 24-151(bX1) TENSE Defined 1-2 TENTS Zoning regulations Temporary residence 24-82(h) THEATERS Dogs in theaters to be muzzled, leashed, etc 4-25 TIME, COMPUTATION OF Defined 1-2 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 Supp. No. 12 2153 ATLANTIC BEACH CODE TOWERS Section Zoning regulations Height limitations 24-156(b) TOWING SERVICE. See: WRECKER SERVICE TOXIC SOLIDS, LIQUIDS OR GASES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(5) Prohibited discharges 22-129 TRAFFIC Abandoned, wrecked, etc., vehicles Stopping, standing and parking. See herein that subject Adoption of Florida Uniform Traffic Control Law 21-1 Beaches Barricades preventing entry of vehicles and other traffic 5-18 Certain ordinances saved from repeal 1-5 Crosswalks Abandoned, wrecked, junked, etc., vehicles left unattended on crosswalks 21-25 Stopping, standing or parking vehicles on or within crosswalks 21-17(5), (6) Driveways Abandoned, wrecked, junked, etc., vehicles left unattended in front of driveways 21-25 Stopping, standing or parking in front of driveways 21-17(2) Fire hydrants Abandoned, wrecked, junked, etc:, vehicles left unattended within fifteen feet of hydrants 21-25 Stopping, standing or parking within fifteen feet of hydrants 21-17(4) Florida Uniform Traffic Control Law Adoption of 21-1 • Intersections Abandoned, wrecked, junked, etc., vehicles left unattended within intersections 21-25 Signs and advertising structures obstructing vision or view 17-5 Stopping, standing or parking within twenty feet of cross- walks at intersections 21-17(6) Stopping, standing or parking within twenty feet of intersections 21-17(3) Junked vehicles Parking, storing, etc., junked vehicles. See herein: Stopping, Standing and Parking Obstructions Abandoned, wrecked, junked, etc., vehicles Constitutes obstruction to traffic 21-25 Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite obstructions 21-25 Obstruction of passage of pedestrians or vehicles 13-2 Signs and advertising structures obstructing vision or view 17-5 Supp. No. 12 2154 CODE INDEX TRAFFIC—Cont'd. Section Stopping, standing or parking vehicles alongside or opposite street obstructions 21-17(7), 21-18 Parades and processions Permits required for 21-2 Parking. See herein: Stopping, Standing and Parking Sale of vehicles Parking for purpose of displaying vehicle for sale 21-21 Sidewalks Abandoned, wrecked, junked, etc., vehicles left unattended on sidewalks 21-25 Stopping, standing or parking vehicles on sidewalks 21-17(1) Signs and advertising structures. See also that subject Confusion with, use of words on traffic -control signs 17-5 Obstructing vision or view 17-5 Signs creating traffic hazards 17-4 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 Residential parking sticker program; permits 21-27 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 Supp. No. 12 2155 ATLANTIC BEACH CODE TRAFFIC—Cont'd. Section 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 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 ?.43.89 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 16-7 Leaves and grass clippings; tree trunks, limbs, etc. 16-5 Signs, posters, etc., prohibited on trees 17-8 Subdivisions 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 Supp. No. 12 2156 CODE INDEX TREES AND SHRUBBERY—Cont'd. Section 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 TRUCKS Weight requirements 21-22 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND UTILITIES Subdivisions Required improvements 24-221 Zoning regulations Planned unit development (PUD) 24-136(d) UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) UTIL1T1ES Public service tax 20-16 et seq. See: TAXATION Stormwater management 22-301 et seq. See: STORMWATER MANAGEMENT Streets, sidewalks and public places Digging up streets, exceptions as to public utilities 19-2 Permit required of public utilities 19-2 Subdivision regulations Design and construction standards, easements 24-253 Underground utilities, required improvements 24-221 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Waterworks system 22-16 et seq. See: WATERWORKS SYSTEM Zoning regulations 24-136 et seq. See: ZONING Supp. No. 12 2157 ATLANTIC BEACH CODE V Section VACANT HOUSES Water service Liability of consumer for charges Allowance made for vacant houses 22-24 VACANT LOTS Depositing garbage, trash, etc., on 16-7 Dogs and cats running at large 4-24 VACANT PRIVATE PROPERTY Loitering on, etc 13-2 VEGETATION Collection and disposal (solid waste) _ Garden trash, conpost piles ..... , ::..... > ............ 16-7 Leaves and gr clippings, etc 16-5 Gardens. See that subject Subdivisions Design and construction standards Use of natural features 24-251(2) Trees and shrubbery. See that subject Water shortages Irrigation of ferns, flowers, ornamentals, etc. 22-39(c) Irrigation of lawns generally 22-39(b) Weeds and brush. See that subject VEHICLES. See: MOTOR VEHICLES AND OTHER VEHICLES VERMIN Nw Aarinittinings to become vermin infeated Abatement of nuisances, etc. See: NUISANSES VICIOUS DOGS Provisions re 19 1(i.xn) 4-28 VOLLEYBALL COURTS RTS g T Accessoly noses by zoning districts 24151(bXl) w WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES WAREHOUSES Zoning regulations ILW industrial light and warehousing districts 24-112 Miniwarehouses 24-160 Supp. No. 12 2158 CODE INDEX WASTEWATER SYSTEM Bills Sewer user classification rates and charges. See herein that subject Building sewers and connections Barricading, restoring excavations Building and plumbing codes, conformance with Connections Connection of roof downspouts, foundation drains, surface runoff, etc. 22-1 Conformance; making gastight and watertight; deviations 22-109 Inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc22-101 Elevation 22.107 Excavations for building sewer installation Barricading, restoring Old building sewers, use of Permits Classification; application 22-103 Inspections , .. 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Connections Building sewers and connections. See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Extensions Sewer system extensions. See herein that subject Fees Sewer user rates and charges. See herein that subject Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Section 22-111 22-106 22-109 22-111 22-105 Supp. No. 12 2159 ATLANTIC BEACH CODE WASTEWATER SYSTEM—Cont'd. Section Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Connection to public sewers; cleaning and filling 22-90 Construction of division 22.86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers 22-71 Rates Sewer user rates and charges„ See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Establishment of a quarterly base charge 22-166 Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Payment of connection fees and impact fees 22-171 Revenue generation system Capital improvement account Accrued funds, use of 22-178 Annual deposit 22-180 Disposition of revenues for 22-177 Certification 22-179 Established 22-176 Review and changes of rates 11-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 Subdivisions Design and construction standards Required improvements, sewer and water 24-258 Use of public sewers generally Construction of provisions 22-126 Discharging storm water, etc., into storm sewers or natural outlets 22-128 Supp. No.12 2160 CODE INDEX WASTEWATER SYSTEM—Cont'd. Discharging unpolluted waters into sanitary sewer; exception Grease, oil and sand interceptors Information for determination of compliance Limitations on discharge concentrations or quantities Options of cite manager regarding wastes Measurements. tests and analyses determinations Observation, sampling and measurement Structures for Pretreatment or flow -equalizing facilities Prohibited discharges Use. of public sewers required Constructing privies, septic tanks, cesspools Depositing human or animal excrement Discharging untreated wastewater or polluted waters into natural outlets, etc Installation of toilet facilities required; connection of facili- ties to public sewer Utility provisions generally. See: UTILITIES Section 22-127 22-132 22-135 22-130 22-131 22-136 22-134 22-133 22-129 22-73 22-71 22-72 22-74 WATERCOURSES, WATERWAYS (Canals, lakes, etc.) Definition of"public place" to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natu- ral outlets 22-72 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Garden trash deposited in canals, waterways, lakes, etc 16-7 Public sewers, use of Discharging storm water, etc., into natural outlets 22-128 Subdivisions Design and construction standards Easements; drainage, watercourses 24-253 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-21 Application for water service 22-16 New subdivisions 22-37 Approval of plumbing prior toconnection with water system 22-35 Bills. See herein: Charges, Fees, Bills Supp. No. 12 2160.1 CODE INDEX WILD FOWL Section Hunting, shooting, etc 4-4 WINDOWS. See: DOORS AND WINDOWS WITNESSES Code enforcement board's power to subpoena witnesses 2-148 WRECKER SERVICE Charges for towing and storage 21-51 Establishment of rotating wrecker call list 21-50 Liability insurance ► 21-53 Repairing vehicles without authorization 21-54 Wreckers to be equipped at all times 21-52 WRITING Defined 1-2 Y YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning regulations 24-82(e) et seq. See: ZONING Supp. No. 12 2162.1