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AB Code Supplement 14SUPPLEMENT NO. 14 April 1994 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. 25-93-25, adopted December 13, 1993. See the Code Comparative Table for further information. Included in the Charter is: Ordinance No. 28-93-3, adopted August 23, 1993. See the Charter Comparative Table for further information. Remove old pages Insert new pages iii iii ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 1-28 1-22 91 91 161-164 161-164 177-182.1 177-182.1 187, 188 187, 188 195, 196 195, 196 299, 300 299-300.2 411-416 411-416.1 1055-1057 1055-1059 1161, 1162 1161-1162.1 1997 1997 2053-2055 2053-2055 2081-2100 2081-2088 2111-2112.1 2111-2112.1 2121, 2122 2121, 2122 2127, 2128 2127, 2128 2136.1-2146 2137-2146.2 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 OFFICIALS of the CITY OF ATLANTIC BEACH, FLORIDA AT THE TIME OF THIS CODIFICATION Lyman T. Fletcher Mayor Steven M. Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III Robert G. Weiss, Jr. City Commission Alan C. Jensen City Attorney Kim D. Leinbach City Manager Maureen King City Clerk Supp, No. 14 iii 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. The City Clerk 10 Art. V. The City Attorney 10 Art. VI. Department of Public Safety 11 Art. VII. Budget 11 Art. VIII. Department of Finance 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XI. Recall Elections 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Municipal Borrowing 18 Art. XVI. Suits Against the City 23 Art. XVII. General and Miscellaneous Provisions 23 Art. XVIII. When Act Takes Place 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. N. Departments 162 Div. 1. Generally 162 Div. 2. Police Department 163 Div. 3. Fire Department 163 Div. 4. Department of Finance 165 Div. 5. Department of Public Works 166 Supp. No, 14 ATLANTIC BEACH CODE Chapter Page 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. iviechanicai Code 413 Art. VI. Swimming Pool Code 415 Art. VH. Numbering of Buildings 416 Art. VIII. Housing Code 418 Art. IX. Gas Code 419 Art. X. Amusement Device Code 419 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. 14 . 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. Solid Waste 943 17. Signs and Advertising Structures 995 Art. I. In General 995 Art. II. Permit 1003 18. Charitable Solicitations 1055 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. W. 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 Art. IV. Stormwater Management 1301 Div. 1. Generally 1301 Div. 2. Rates and Charges 1305 Supp. No. 14 xi ATLANTIC BEACH CODE Chapter Page 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. I. In General 1403 Art. II. Language and Definitions 1404 Art. III. Zoning Regulations 1420 Div. 1. Generally 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 Div. 4. General Provisions and Exceptions 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 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp. No. 14 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 "OC" 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 169, 170 1 iii 14 171, 172 9 v, vi OC 172.1, 172.2 9 vii, viii 1 173, 174 11 ix, x 14 174.1, 174.2 11 xi, xii 14 175, 176 6 1, 2 14 177, 178 14 3, 4 14 179, 180 14 5, 6 14 181, 182 14 7, 8 14 182.1 14 9, 10 14 183, 184 8 11, 12 14 184.1, 184.2 8 13, 14 14 185, 186 12 15, 16 14 187, 188 14 17, 18 14 188.1, 188.2 13 19, 20 14 189, 190 5 21, 22 14 190.1 5 79 5, Add. 191, 192 OC 91 14 193, 194 OC 103, 104 OC 195, 196 14 105, 106 OC 245, 246 13 107, 108 13 247, 248 13 155, 156 12 299, 300 14 157 12 300.1, 300.2 14 159, 160 8 301, 302 12 161, 162 14 303, 304 12 163, 164 14 353, 354 7 165, 166 13 355 7 166.1 5 405, 406 13 167, 168 1 407, 408 OC Supp. No. 14 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 409, 410 5 1107, 1108 13 410.1, 410.2 5 1157, 1158 OC 410.3, 410.4 5 1159, 1160 2 410.5, 410.6 5 1161, 1162 14 411, 412 14 1162.1 14 413, 414 14 1163, 1164 10 415, 416 14 1165, 1166 10 416.1 14 1167, 1168 12 417, 418 13 1168.1 12 419, 420 13 1169, 1170 10 421, 422 13 1171, 1172 10 469, 470 8 1173, 1174 10 521, 522 6 1175, 1176 10 523, 524 6 1177, 1178 10 525, 526 6 1179, 1180 10 527, 528 6 1181, 1182 12 529, 530 6 1183 10 531, 532 6 1221, 1222 12 533, 534 6 1223, 1224 12 535 6 1225, 1226 12 577, 578 OC 1227, 1228 12 579, 580 OC 1229, 1230 12 581 OC 1231, 1232 12 631, 632 OC 1233 12 683, 684 OC 1277, 1278 13 685 OC 1279, 1280 13 735, 736 10 1281, 1282 13 737 10 1283, 1284 13 787, 788 8 1284.1, 1284.2 13 789, 790 8 1284.3, 1284.4 13 791, 792 12 1284.5 13 793 12 1285, 1286 OC 839, 840 11 1287, 1288 OC 841, 842 5 1289, 1290 OC 843 5 1291, 1292 OC 891, 892 12 1293, 1294 OC 893 12 1294.1, 1294.2 13 943, 944 12 1295, 1296 13 945, 946 13 1297 13 947, 948 12 1298.1, 1298.2 3 995, 996 8 1299, 1300 OC 997 8 1301, 1302 11 999, 1000 OC 1303, 1304 11 1001, 1002 OC 1305, 1306 11 1003, 1004 OC 1307, 1308 11 1005 OC 1351, 1352 10 1055, 1056 14 1353, 1354 10 1057, 1058 14 1355, 1356 10 1059 14 1357, 1358 10 Supp. No. 14 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1403, 1404 5 1983, 1984 OC 1405, 1406 3 1985 OC 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 13 1415, 1416 5 1997 14 1417, 1418 10 2043 OC 1419, 1420 12 2053, 2054 14 1421, 1422 5 2055 14 1423, 1424 5 2081, 2082 14 1425, 1426 5 2083, 2084 14 1427, 1428 5 2085, 2086 14 1429, 1430 11 2087, 2088 14 1431, 1432 11 2101, 2102 13 1432.1 11 2103 13 1433, 1434 6 2105, 2106 5 1435, 1436 5 2107, 2108 9 1437, 1438 6 2109, 2110 13 1438.1 6 2111, 2112 14 1439, 1440 5 2112.1 14 1441, 1442 7 2113, 2114 12 1443, 1444 7 2115, 2116 10 1444.1 7 2117, 2118 13 1445, 1446 5 2119, 2120 13 1446.1, 1446.2 5 2121, 2122 14 1447, 1448 OC 2123, 2124 13 1449, 1450 5 2124.1 13 1451, 1452 OC 2125, 2126 9 1453, 1454 4 2127, 2128 14 1455, 1456 8 2129, 2130 13 1457, 1458 9 2130.1 13 1458.1 9 2131, 2132 9 1459, 1460 6 2132.1 9 1461, 1462 6 2133, 2134 12 1462.1 6 2135, 2136 13 1463, 1464 OC 2137, 2138 14 1465, 1466 7 2139, 2140 14 1466.1 7 2141, 2142 14 1467, 1468 OC 2143, 2144 14 1469, 1470 OC 2145, 2146 14 1471, 1472 OC 2146.1, 2146.2 14 1473, 1474 OC 2147, 2148 13 1475, 1476 3 2148.1 13 1477, 1478 OC 2149, 2150 OC 1479, 1480 OC 2151, 2152 10 1481, 1482 OC 2153, 2154 12 1483 OC 2155, 2156 12 Supp. No. 14 [31 ATLANTIC BEACH CODE Page No. Supp. No. 2157, 2158 13 2159, 2160 13 2161, 2162 13 2162.1, 2162.2 13 2163, 2164 6 2165, 2166 5 2166.1 5 2167, 2168 OC 2169, 2170 5 2171, 2172 5 Supp. No. 14 [4] PART I CHARTER* Art. I. Incorporation; Form of Government; Powers, §§ 1-4 Art. II. The Commission, §§ 5-20 Art. III. The City Manager, §§ 21-27 Art. IV. The City Clerk, §§ 28-30 Art. V. The City Attorney, §§ 31, 32 Art. VI. Department of Public Safety, § 33 Art. VII. Budget, § 34 Art. VIII. Department of Finance, § 35 Art. IX. Elections, §§ 36-43 Art. X. Initiative and Referendum, §§ 44-55 Art. XI. Recall Elections, § 56 Art. XII. Franchises, § 57 Art. XIII. Tax Administration, § 58 Art. XIV. Zoning, § 59 Art. XV. Municipal Borrowing, § 60 Art. XVI. Suits Against the City, § 61 Art. XVII. General and Miscellaneous Provisions, §§ 62-78 Art. XVIII. When Act Takes Place, §§ 79, 80 A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH, IN DUVAL COUNTY, PROVIDING FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION, POWERS, PRIVILEGES AND IMMUNITIES, WHICH ABOLISHES THE PRESENT CHARTER OF THE CITY OF ATLANTIC BEACH. ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter established. The present Charter of the City of Atlantic Beach in Duval County, Florida, is hereby abolished; and the new Charter, as hereinafter set forth, is hereby established. (Ord. No. 28-93-3, § 1, 8-23-93) *Editor's note—Section 1 of Ordinance No. 28-93-3, adopted August 23, 1993, adopted a new Charter which amended and repealed all former Charter provisions, and which was approved at an election held on October 5, 1993. The former Charter derived from Chapter 57-1126 of the 1957 Laws of Florida, and was amended by those special acts and ordinances listed in the Charter Comparative Tables on pages 79 and 91, respectively. Amendments to the Charter as herein set out are indicated by historical citations in parenthesis following each amended section. State law reference—Municipal Home Rule Powers Act, F.S. Ch. 166. Supp. No. 14 1 § 2 ATLANTIC BEACH CODE Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach. The establishment of a municipal corporation, known and designated as the City of At- lantic Beach, organized and constituted in the County of Duval and State of Florida, by an act of the Florida Legislature in 1957, is hereby reaffirmed and its territorial boundaries are as follows: Beginning at a point on the beach of the Atlantic Ocean which is the intersection of the low water mark line of said Atlantic Ocean and an easterly prolongation of the southerly boundary line of Kathryn Abby Hanna Park; running thence westerly along the southerly boundary line of said Kathryn Abby Hanna Park to the easterly right-of-way line of Old Sherry Drive (County Road No. 551); running thence southerly along said easterly right-of-way line of Old Sherry Drive (County Road No. 551) to the north boundary line of fractional Section 5, Township 2 South, Range 29 East; running thence westerly along the northerly boundary line of said Fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport Road (State Road A -I -A); running thence southerly along the easterly right-of-way line of said Mayport Road to the north boundary line of Government Lot 15 of Section 8; running thence easterly along the north boundary line of said Government Lot 15 to the northwest corner of the east one-half of said Government Lot 15; running thence southerly along the west boundary line of the east one-half of said Government Lot 15 to the north boundary line of Sections 17 and 18 in said Township and Range; running thence westerly to the northeasterly corner of unsurveyed Section 18, in said Township and Range; running thence southerly along the U.S. Government meander line of the Pablo Creek salt marshes, being also the easterly boundary line of unsurveyed Section 19 in said Township and Range, to the intersection of the last mentioned lines with a line sixteen (16) feet northerly of, measured at right angles from and parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel line and a prolongation of same to the point of intersection of said prolongation with the low water mark of the Atlantic Ocean; and running thence north- erly along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Selva Marina Country Club as described in deed recorded in Volume 652, page 484, Official Records of Duval County; and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south lines of said city as above described, projected easterly two miles; and police jurisdiction for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as hereinbefore described, over said Mayport Road from the city limits as above described, northerly to the northern boundary line of said Fractional Section 5; provided, however, that the city council of the City of Jacksonville, Florida, acting in its capacity as the governing body of Duval County, Florida, is hereby authorized to construct and maintain any and all streets, roads, or highways that have at any time heretofore, been adopted as county roads by the board of county commissioners of Duval County, Florida, as it may deem necessary and proper for the benefit of the public. (Laws of Florida Ch. 59-1054; Laws of Florida Ch. 86-461; Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 2 CHARTER § 6 Sec. 3. Form of government. The municipal government provided by this Charter shall be known as "Commission - Manager Government." Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commis- sion, hereinafter referred to as "the city commission." (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 4. General powers. The city shall have all powers, governmental, corporate and proprietary, in accordance with and including the provisions of F.S. Chapter 166, enabling it to conduct municipal government, perform municipal functions and render municipal services, and' may exercise any power for municipal purposes; which powers shall be limited only by the Federal Consti- tution, State Constitution, general and special law and any specific limitation in this Charter. The enumeration of particular powers shall not be deemed as necessary as it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter 57-1126, Laws of Florida as amended, or by any special or general law. The absence of such enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of the city. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE II. THE COMMISSION Sec. 5. Number of commissioners; selection; term. The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications as defined in section 6, of this Charter, elected at large without regard for any designation of political party affiliation. The seats shall be known as seats 1 through 5 respectively, and seat 1 shall be designated as the mayor -commissioner. The mayor - commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years. Effective with the municipal election in October, 1993, anyone elected or ap- pointed to the office of mayor -commissioner shall not serve more than four (4) consecutive two (2) year terms; and anyone elected or appointed to commission seats 2 through 5 shall not serve more than two (2) consecutive four (4) year terms. Serving any part of a term shall be consid- ered a full term. Nothing contained herein shall prevent anyone who has served as a city commissioner from being appointed or elected to the position of mayor -commissioner and then serving in that capacity four (4) consecutive two-year terms. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been full-time residents of the city for at least one year immediately prior to qualifying. They shall be electors in the city. Full-time residency Supp. No. 14 3 § 6 ATLANTIC BEACH CODE shall be defined as the person's principal place of abode during the year. Members of the city commission shall not hold any other elective office. Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted of a crime punishable by more than one (1) year of imprisonment or a crime involving moral turpitude, shall forfeit the seat prior to the next meeting of the city commission. Absence from four consecutive regular meetings of the city commission shall operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a resolution setting forth the fact of such excuse duly entered upon the minutes. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 7. Salary. The salary of the members of the city commission shall be set by ordinance. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 8. Presiding officer: Mayor. The mayor -commissioner shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. When directed to do so by the city commission the mayor - commissioner shall execute all instruments to which the city is a party, unless otherwise provided by the Charter or by ordinance. The mayor -commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, such special or select committees as in his discretion he deems desirable or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. In the temporary absence or disability of the mayor -commissioner, all duties of the mayor - commissioner shall be performed by the mayor pro tempore who shall be appointed by the city commission from its members. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 9. Powers. Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of policy shall be vested in the city commission. Without limita- tion of the foregoing, the city commission shall have power to: (1) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebt- edness; (3) Establish official boards and elect the members thereof as recommended by the mayor; (4) Adopt and modify the official map of the city; (5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and Supp. No. 14 4 CHARTER § 11 other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and impris- onment for a period of time not longer than ninety (90) days; (8) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses, hospitals, airports, parks and the public utility system, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance in which there is a finding that public welfare no longer requires the operation of any such facility and in which are stated the terms of sale and after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; (10) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (11) Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; (12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 10. Appointment of city manager. The city commission shall appoint an administrative officer of the city, who shall have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who shall be compensated at a rate set by the city commission. No member of the city commission shall receive such appointment during the term for which the person shall have been elected, nor within two years after the expiration of the person's term. In the event the City Manager is incapacitated and unable to appoint a substitute as required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 11. Appointment of deputy city manager or deputy city clerk. The city manager and city clerk may, if they deem it necessary, appoint a deputy city manager and deputy city clerk, respectively, who shall be compensated at a rate set by the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 5 § 12 ATLANTIC BEACH CODE Sec. 12. Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section) 6 of this article to fill the vacancy until the next general election. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 13. Creation of new departments or offices; change of duties. The city commission, by ordinance, may create, change or abolish offices, departments, authorities or agencies. The city commission may, by ordinance, assign additional functions or duties to the offices, departments or agencies established by this Charter, but may not dis- continue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 14. Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commission members shall assume the duties of office at a meeting of the city commission held at 8:00 p.m. the first Tuesday in November. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 15. City commission to be ilifte, of Tap] ffi nF wts waernb r The city commission shall be the judge of the election and the qualifications of its mem- bers as set forth in Section 6 of this Charter. For these purposes, the city commission shall have the power to subpoena such witnesses and require the production and presentation of such records as may be deemed necessary. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 16. Rules of procedure; journal of minutes. The City Commission shall determine its own rules and order of business. It shall require a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to public inspection. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 17. Ordinances. In addition to such acts of the city commission as are required by statute or by this Charter to be by ordinance, every act of the City Commission establishing a fine or other penalty, a fee for service, appropriation of funds, the contracting of indebtedness, or the sale of real property Supp. No. 14 6 CHARTER § 22 shall be by ordinance. The enacting clause of all ordinances shall be: "BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA." (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 18. Procedure for passage of ordinances and resolutions. The minimum procedures for adoption of ordinances and resolutions as set forth in F.S. Section 166.041 shall in its entirety constitute the process for such by the Atlantic Beach City Commission. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 19. Independent annual audit. At the beginning of each fiscal year the city commission shall designate a certified public accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a written report to the city commission and to the city manager. Such accountants shall have no personal interests, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of city business, but within specifications approved by the city commission, shall post -audit the books and documents kept by the finance director and any separate or subordinate accounts kept by any other office, department or agency of the city government. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 20. Right of city manager and other officers in city commission. The city manager, and any such other officers of the city as may be designated by vote of the city commission, shall be required to attend city commission meetings. The city manager shall have the right to take part in the discussion of all matters coming before the city commission, and the other officers shall be entitled to take part in all discussions of the city commission relating to their respective offices, departments, boards, commissions, or agencies. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE III. THE CITY MANAGER Sec. 21. Appointment. The city manager shall be appointed in accordance with the provisions of Section 10 of this Charter and shall be compensated at a rate set by the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 22. Qualifications. The city manager shall be chosen by the city commission solely on the basis of adminis- trative qualifications and with special reference to education and experience in and knowledge Supp. No. 14 7 § 22 ATLANTIC BEACH CODE of accepted practice with respect to the duties of this office as set forth hereinafter and in the city code. Applicants for the position of city manager shall meet the following educational and experience requirements: (1) Possession of at least a baccalaureate degree in Public Administration or a directly related field from a college or university accredited by a recognized accreditation agency in the United States or from a recognized college or university outside of the United States, which is acceptable to the city commission; and (2) Not less than three years of administrative experience as a city or county government chief administrative or executive officer or as an assistant or deputy city manager. (3) A graduate degree acceptable to the city commission may be substituted for not more than one year of the required experience. (4) Two years of additional experience acceptable to the city commission may be substi- tuted for each year of education towards a baccalaureate degree, up to a maximum of eight years. At the time of appointment, the new city manager need not be a resident of the city or state, but during the tenure of office shall reside within the city of Atlantic Beach. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 23. Powers and duties. The city manager shall be the chief administrative officer and as such, head the admin- istrative branch of the city government. The powers and duties of the city manager shall include but not be limited to: (1) Establish and maintain a li nc of communication with the city clerk; aid (2) Administering and enforcing all enactments of the city commission; and (3) Preparing and forwarding agenda materials to the city clerk for every commission meeting; and (4) Preparing the budget annually and submitting it to the city commission, and being responsible for its administration after adoption; and (5) Preparing and submitting to the city commission at the end of each fiscal year, a complete report on the finances and administrative activities of the city for the year just completed. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 24. Absence of the city manager. The duties of the city manager during any temporary absence or disability shall be carried out by a deputy city manager, or in the absence of the latter, by another administrative officer of the city designated by the city manager or the deputy city manager. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 8 CHARTER § 28 Sec. 25. Removal of the city manager. The city manager shall serve at the pleasure of the city commission. The city commission may remove the city manager by the affirmative vote of not less than three (3) of its members. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 26. City departments. Administrative departments as established by ordinance shall report to and serve under the city manager. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 27. Governance of departments. The city manager may head one or more administrative department or select and employ persons qualified in accordance with city personnel practices to supervise, direct and control such departments. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE W. THE CITY CLERK Sec. 28. Appointment; duties. The city commission shall appoint an executive officer to serve the city commission and to assure that all its enactments are effectively carried out. The title of the executive officer shall be "city clerk" and as such, shall be under the direction of and compensated at a rate set by the city commission. The duties of the city clerk shall be to: (1) Establish and maintain a line of communication with the city manager; and (2) Prepare an agenda for every commission meeting and a permanent record of each such meeting; and (3) Disseminate information as necessary about activities, findings, or decisions of the city commission; and (4) Provide the city commission with periodic reports as requested about the effectiveness and efficiency of the legislative programs of the city government; and (5) Serve as supervisor of election for city elections; and (6) Serve as custodian of all city records and the seal of the city; and (7) Administer oaths; and (8) Conduct such other activities as may be specified by this Charter, the city code or the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 9 § 29 ATLANTIC BEACH CODE Sec. 29. Qualifications. The city clerk shall be chosen by the city commission solely on the basis of education and experience necessary to carry out the responsibilities of executive officer to the city commis- sion. Applicants for the position of city clerk shall meet the following educational and experi- ence requirements: (1) At least a baccalaureate in Business Administration or a related field acceptable to the city commission from a college or university accredited by a recognized accredi- tation agency in the United States or from a recognized college or university outside of the United States which is acceptable to the city commission; and (2) Two years of experience in public administration satisfactory to the city commission. (3) In lieu of the required baccalaureate degree, the city commission may in its discre- tion, accept four additional years of acceptable experience in public administration or a related field of public or private service. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 30. Removal of the city clerk. The city clerk shall serve at the pleasure of the city commission. The city commission may remove the city clerk by the affirmative vote of not less than three (3) of its members. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE V. CITY ATTORNEY Sec. 31. Appointment and qualifications. The city commission shall appoint a city attorney who shall be an attorney with at least five years of experience in the practice of general, civil or municipal law, admitted in and having authority to practice in all courts of this state, and who shall be compensated at a rate set by the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 32. Powers and duties. The duties of the city attorney shall include: (1) Acting as the legal advisor to, and attorney and counselor for, the city and its officers in matters relating to their official duties; and (2) Preparing in writing, all contracts, bonds and other instruments in which the city is concerned and giving an endorsement of approval as to form and correctness; and (3) Prosecuting and defending for and on behalf of the city, all civil complaints, suits and controversies in which the city is a party; and Supp. No. 14 10 CHARTER § 35 (4) Furnishing opinions on questions of law relating to the powers and duties of city officers; and (5) Performing such other duties as may be required by ordinance or resolution of the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE VL DEPARTMENT OF PUBLIC SAFETY Sec. 33. Appointments and responsibilities. The appointment, duties, functions and other responsibilities of the director of public safety, police department, police chief, fire department, fire chief and their respective staff members are found in the city code Chapter 2, Divisions 2 and 3. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE VII. BUDGET Sec. 34. Preparation and adoption. Each department head shall be responsible for presenting a budget request to the city manager by a date established by the city manager or his designee. The director of finance shall provide the city manager with a preliminary estimate of revenues and beginning fund balances for the upcoming fiscal year. Upon receipt of all budget requests, estimated revenues and fund balances, the city man- ager shall make any modifications which are determined to be reasonable and justifiable and thereafter present the budget to the city commission. The city commission shall review the budget as submitted by the city manager and make such revisions as deemed necessary. A public hearing will be set to approve the tentative budget and millage rates. A public hearing will be set for final passage of the budget and millage rates. Upon final adoption, the budget shall be in effect for the next fiscal year. A copy of the budget, as adopted, shall be filed with the city clerk. The city shall abide by the requirements established by the Truth in Millage (TRIM) Act. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE VIII. DEPARTMENT OF FINANCE Sec. 35. Director of finance. The director of finance shall be the head of the department of finance and shall be ap- pointed and removed by the city manager. The qualifications, powers and duties of the director of finance are defined in the Code of Ordinances. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 11 § 36 ATLANTIC BEACH CODE ARTICLE IX. ELECTIONS Sec. 36. Elections. The city commission shall, by ordinance, make all regulations which it considers neces- sary, not inconsistent with this Charter or state law, for the conduct of municipal elections and for the prevention of fraud therein. Inspectors and clerks of elections shall be appointed by the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 37. Nonpartisan elections. All elections for the office of commissioner and mayor -commissioner shall be conducted on a nonpartisan basis without any designation of political party affiliation. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 38. Electors; registration. Any person who is qualified to register to vote and is a resident of Atlantic Beach who has qualified as an elector of this state, and who registers in the manner prescribed by F.S. Chapter 98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 39. Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than ten (10) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature ap- pended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate whose residence is for the office of Commissioner, Seat No. to be voted for at the election to be held on the day of A D , and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) Supp. No. 14 12 CHARTER § 40 STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR ADDRESS. Any signature made earlier than the fifteenth of August next preceding the election shall be void. All nominating papers comprising a petition shall be filed as one instrument with the city clerk, not earlier than 12:00 noon on the second Tuesday of September, nor later than 12:00 noon on the third Tuesday of September, before the election. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No on the city commission and agree to serve if elected. SIGNATURE OF CANDIDATE Within two days after the filing of a nominating petition the city clerk shall notify the candidate and the person who filed the petition, whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 40. Elections: Primary. A primary election for the nomination of candidates for the office of city commissioner of the city shall be held every two (2) years on the first Tuesday in October for each seat on the city commission which shall become vacant at eight o'clock p.m. on the first Tuesday in November of the same year. The two candidates for each seat to be filled receiving the greatest number of votes in said primary shall be certified as candidates or nominees at the general election, provided, however, that should any candidate receive at such primary election a majority of all votes cast, he shall be declared regularly elected and shall not be required to enter the general election as hereinafter provided. However, should only one candidate be Supp. No. 14 13 § 40 ATLANTIC BEACH CODE nominated for a particular seat, an election for that seat will not be required and the unop- posed candidate shall be declared elected to the office of city commissioner. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 41. Elections: General. A regular or general election of candidates or nominees to the office of city commissioner shall be held every two years on the third Tuesday in October, unless all vacancies have been determined by the primary election in accordance with Section 40 of this Charter. The can- didate or nominee receiving the majority of votes for each seat at such general election shall be declared elected. In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with F.S. 100.181 to determine the winner. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 42. Elections: Absentee voting. Except as herein specifically provided all elections and absentee voting in the city shall be conducted in accordance with the provisions of F.S. Chapter 101. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 43. Elections: Canvass of returns. The polls shall open at seven o'clock a.m. and shall close at seven o'clock p.m. or as otherwise provided by Florida Statutes. The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the clerk and a majority of the inspectors of the election. One copy shall be delivered by the election clerk to the mayor -commissioner and the other to the city clerk, both of whom shall transmit such returns to the city commission at its m � . „ regular meeting immediatelyimmediately thereafter. At such meeting, the city commissioncommissionShyicui t..allVabb the returns and the result as shown by such returns shall be declared by the city commission to be the result of the election. The city clerk shall, not later than noon of the second day after the canvass of said election, furnish a certificate of election to each person shown to have been elected. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE X. INITIATIVE AND REFERENDUM Sec. 44. Power of initiative. The electors shall have the power to propose any ordinance, except an ordinance appro- priating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the city commission by a petition signed by registered electors of the city equal in number to at least twenty-five per centum (25%) of the registered electors at the last regular municipal election. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 14 CHARTER § 47 Sec. 45. Power of referendum. Under the power known as the referendum the electors shall have power to approve or reject at the polls any ordinance passed by the city commission, or submitted by the city commission to a vote of the electors, except as provided in F.S. 166 Part II for bond ordinances. Ordinances submitted to the city commission by initiative petition and passed by the city commission without change shall be subject to the referendum. Within twenty days after the enactment by the city commission of any ordinance which is subject to a referendum, a petition signed by registered electors of the city equal to at least twenty-five per centum (25%) of the registered electors at the last preceding regular municipal election may be filed with the city clerk requesting any such ordinance be either repealed or submitted to a vote of the electors. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 46. Form of petitions; committee of petitioners. All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style, and shall contain the full text of the proposed ordinance. The signatures to the initiative or referendum petitions need not all be appended to one paper. Signatures on such petitions shall be in ink and shall be followed by the petitioner's place of residence by street and number. There shall appear on each petition the names and addresses of five electors who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be a notarized affidavit signed by the circulator of the petition stating the number of signatures, that all signatures appended thereto were made in the presence of the circulator, and that the circulator believes them to be the genuine signatures of the persons whose names appear on the petition. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 47. Filing, examination and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty days after a petition is filed, the city clerk shall determine whether each page of the petition has a proper statement of the circu- lator and whether the petition is signed by a sufficient number of qualified electors. The city clerk shall declare any petition paper invalid which does not have attached thereto an affidavit signed by the circulator on each page. If a petition paper is found to be signed by more persons than the numbers of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing the examination of the petition, the city clerk shall certify the result to the city commission at its next regular meeting. If the city clerk certifies the petition is insufficient, a certificate listing the defective items shall be prepared and provided to the committee of petitioners. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 15 § 48 ATLANTIC BEACH CODE Sec. 48. Amendment of petitions. An initiative or referendum petition may be amended within ten (10) days after the certificate of insufficiency has been sent by the city clerk. An amended petition may be filed as provided by Section 46. The city clerk shall, within five (5) days, examine the amended petition and if the petition is still insufficient, shall file a certificate to that effect and notify the committee of the petitioners of such findings. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 49. Effect of certification of referendum petition. When a referendum petition, or an amended petition, as defined in Section 46 has been certified as sufficient, the ordinance specified in the petition shall not go into effect until and unless approved by the qualified registered electors. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 50. Consideration by city commission. Whenever the city commission receives a certified initiative or referendum petition from the city clerk, it shall proceed forthwith to consider such petition. A proposed initiative ordi- nance shall be read and a public hearing shall be held upon the proposed ordinance. The city commission shall take final action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted to the city commission. If such ordinance is referred for reconsideration by the city commission, it shall be brought forth for its final vote upon such reconsideration and the question shall be, "Shall the ordinance specified in the referendum be repealed?" (vru: Nu. 28-93-3, § 1, 8-23-93) Sec. 51. Submission to electors. If the city commission shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth, or if the city commission fails to repeal an ordinance referred for reconsideration, the proposed or referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than one year from the date the city commission takes its final vote. If no regular election is to be held within the specified time frame, the city commission may provide for a special election. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 52. Form of ballot for initiated and referred ordinances. Ordinances submitted to a vote of the electors in accordance with the initiative and referendum provision of this Charter shall be submitted by ballot title prepared by the city attorney or other legal advisor of the city. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the subject of such ordinance. The ballot used in voting Supp. No. 14 16 CHARTER § 57 upon any ordinance shall have below the ballot title the following propositions, one above the other, in order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 53. Availability of list of qualified electors. Lists of qualified electors or registers may be purchased from the Supervisor of Elections for Duval County in accordance with the provisions of F.S. 98.211. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 54. Results of election. If a majority of the electors shall vote in favor of a proposed initiative or referred ordinance it shall become an ordinance of the city. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of the affirmative votes shall prevail. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 55. Repealing ordinances. Initiated and referred ordinances may be amended or repealed only by a four-fifths affir- mative vote of the full city commission following a public hearing. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE XI. RECALL ELECTIONS Sec. 56. Procedures. Recall elections shall follow those procedures prescribed by F.S. 100.361. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE XII. FRANCHISES Sec. 57. Granting of franchises. The city shall have power to grant a franchise to any private or public enterprise for the use of streets and other public places in the furnishing of any public service or utility service to the city and its inhabitants. All franchises and any renewals, extensions and amendments thereto shall be granted only by ordinance, and under such limitations as may be provided by the laws of the State of Florida. If the proposed franchise is for fifteen years or more, the ordinance approving said franchise shall not be effective unless it is approved at a referendum in the same manner provided in F.S. 166 for the approval of issuance of bonds. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 17 § 58 ATLANTIC BEACH CODE ARTICLE XIII. TAX ADMINISTRATION Sec. 58. Tax administration. Tax administration shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances. Note: Currently F.S. 193.116, F.S. 205, and Code of Ordinances Chapter 20. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE XIV. ZONING . 59. Zoning. Zoning regulations shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances. Note: Currently F.S. 163, F.S. 166, and Code of Ordinances Chapters 14 and 20. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE XV. MUNICIPAL BORROWING Sec. 60. Authority to borrow. The city may borrow money, contract loans and issue bonds as provided by F.S. 166 Part II from time to time to finance the undertaking of any capital or other project for the purposes permitted by the State Constitution, and may pledge funds, credit, property, and tax revenues for the payment of such debts and bonds. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE XVI. SUITS AGAINST THE CITY Sec. 61. Suits. No suit shall be brought against the city for damages arising out of an alleged tortious act, unless all provisions of state law have been met. Upon receiving notice of any suit, the city manager shall diligently investigate the matter and file a written report with the city clerk to be presented to the city commission at its next meeting. The city clerk shall determine if a special meeting should be scheduled to deal with an emergency situation. Upon receipt of a written claim for damages by an injured party the city commission may, by ordinance, make a settlement of the claim. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 18 CHARTER § 66 ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS Sec. 62. Removal of officers and employees. Any officer or employee appointed by the city manager or head of any office, department or agency may be removed by the city manager at any time pursuant to city ordinances. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 63. Removal of members of boards, commissions, or agencies. Except as provided in this Charter, an agent, a member of any board, committee, task force, commission or agency of the city who has been appointed by the city commission, may be removed by the city commission in the same manner as provided for the removal of the city manager in Section 25 of this Charter. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 64. Investigations. The city commission, or any committee thereof, the city manager or any advisory board appointed by the city commission for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some officer having authority under the law of the state to administer oaths. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a violation of the municipal ordinance and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty days, or both. Enforcement of any violation of this municipal ordinance shall be by the State Attorney's office. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 65. Publicity of records. To the extent required by F.S. Chapter 119, records and accounts of every office, depart- ment or agency of the city shall be public records and open to inspection under reasonable regulations established by the city commission in accordance with the Public Records Act. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 66. Personal interest. No member of the city commission, any officer of the city or department head shall have a financial interest, direct or indirect, in any contract or in the sale to the city or to a contractor supplying the city of any land or rights or interests in any land, material, supplies or services. Supp. No. 14 19 § 66 ATLANTIC BEACH CODE Any wilful violation of this section shall constitute malfeasance in office, and shall be grounds for removal or termination. Any contract entered into in violation of this section shall be voidable by the city manager or the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) State law reference—Code of ethics and public officers and employees, F.S. 112, Part III. Sec. 67. Official bonds. The city commission shall determine whether or not each officer, clerk, or employee shall give bond, and the amount thereof, but all officers, clerks and employees handling any funds or property of the city shall be required to give bond to the city, which bonds shall be procured from a regularly accredited surety company, authorized to do business under the Laws of Florida, the premiums on such bonds to be paid by the city. All such bonds shall be filed in the office of the city clerk. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 68. Oath of office. Every officer and employee of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties t1 office f aau�t't:u of the i�fL1l.G �L (Ord. No. 28-93-3, § 1, 8-23-93) State law reference—Oaths required of persons on payroll, F.S. 876.05. Sec. 69. Effect of this Charter on existing law. All laws, ordinances and resolutions relating to or affecting the city in force when this Charter takes effect are hereby repealed and superseded to the extent that such are inconsis- tent with the provisions of this Charter. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 70. Rights of officers and employees preserved. Nothing contained in this Charter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the City of Atlantic Beach or of any office, department, board, commission, or agency existing at the time when this Charter shall take effect. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 20 CHARTER § 75 Sec. 71. Continuance of present officers. All commissions, administrative and executive officers, agents, department heads, board and committee members and their powers, duties and obligations at the time this Charter takes effect shall continue in effect until provisions have been made in accordance herewith for the performance of such duties or the discontinuance of such office, powers or obligations. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 72. Continuity of offices, boards, commissions or agencies. Any office, department, board, commission or agency provided for in this Charter with powers and duties the same or substantially the same as those which previously existed shall be deemed to be a continuation of such office, department, board, commission, agent or agency with the power to continue its duties and obligations. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 73. Transfer of records and property. All records, property and equipment whatsoever of any office, department, board, com- mission, agency, or agent, all the powers and duties of which are assigned to any other office, department, board, commission, or agency by this Charter, shall be transferred and delivered to the office, department, board, commission, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, board, commission, or agency are by this Charter assigned to any other office, department, board, commission, or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties are so assigned. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 74. Title to property reserved. The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in action, held or owned by the City of Atlantic Beach shall continue to be vested in the corporation under this Charter. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 75. Continuance of contracts and public improvements. All contracts entered into by the City of Atlantic Beach, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements, for which legislative steps have been taken under laws or Charter provisions existing at the time this Charter takes effect, shall be carried to completion in accordance with the provisions of such existing laws and Charter provisions. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 21 § 76 ATLANTIC BEACH CODE Sec. 76. Pending actions and proceedings. No action or proceeding, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City of Atlantic Beach, or any office, department, board, agents, commission, or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything therein contained. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 77. Short title. This Charter shall be known as the "Atlantic Beach Charter." (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 78. Separability clause. If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE XVIII. WHEN ACT TAKES EFFECT Sec. 79. Effective date of Act. This Act shall go into effect subject to the referendum and in accordance with state law under F.U. 160.031. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 80. Effect of changes in state law. In the event of changes in state law which are in conflict with any provisions of this Charter, state law shall prevail. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 14 22 [The next page is 79] CHARTER COMPARATIVE TABLE ORDINANCES This table shows the location of ordinances amending the Charter. Ordinance Adoption Section Number Date Section this Charter 5-75-3 12-22-75 3 7 33-77-4 6-13-77 I 79 II 80 III 81 IV 85 40-79-8 6-11-79 A 109 5-82-8 4-26-82 1 32 2 34 5-83-9 11-14-83 1 7 5-83-12 2-13-84 1 Art. VII(note) 4-86-3 1-26-87 1 Art. XIV(note) 28-91-1 10-28-91 1 5 28-92-4 8-24-92 1 5 28-93-3 8-23-93 1 Rpld 1-6, 8-16, 24-31, 78, 81-99, 109, 158, 160-183 Added 1-80 Supp. No. 14 91 ADMINISTRATION § 2-19 (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commis- sion, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city com- mission at least three (3) days prior to the next scheduled meeting of the city com- mission following the request. (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor - commissioner during his absence or disability. Supp. No. 14 161 § 2-19 ATLANTIC BEACH CODE (24) Rule 24. It shall be the duty of the city clerk to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tem, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk, and the record of every meeting shall be signed, when approved, by the city clerk and the mayor -commissioner or the mayor pro tem who presided thereat. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88) Sec. 2-20. Salary of members. (a) The annual salary of the mayor -commissioner shall be five thousand dollars ($5,000.00). The annual salary of the commissioners shall be two thousand five hundred dollars ($2,500.00). (b) The salary of the mayor -commissioner and commissioners shall be made in twelve (12) equal monthly payments. (Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83) Sec. 2-21. Resignation from office; election procedures. (a) A city commissioner seeking to run for another elected office shall submit a letter of resignation at least thirty (30) days prior to the first day of qualifying for the office he intends to seek. The resignation must be effective no later than the earlier of the following dates: (1) The date the commissioner would take his new office, if elected; or (2) The date the commissioner's successor is required to take office. (b) The commission seat shall be placed on the ballot at the next election after the filing of the letter of resignation. The candidate winning the commission seat shall take office on the effective date of the assuming of offices following the election and shall serve the remaining unexpired term of the resigning commissioner. (c) This section shall not preclude the city commission from electing an eligible person to serve in the interim as provided for in Section 12 of the City Charter. (Ord. No. 33-93-5, § 1, 3-22-93) Secs. 2-22-2-30. Reserved. ARTICLE III. CITY MANAGER* Secs. 2-31-2-40. Reserved. *Charter reference—The city manager, § 25 et seq. State law reference—Code of ethics for public officers and employees, § 112.311 et seq. Supp. No. 14 162 ADMINISTRATION § 2-60 ARTICLE IV. DEPARTMENTS DIVISION 1. GENERALLY Sec. 2-41. Director of public safety. The city manager, or any other qualified person as provided by ordinance, shall be the director of public safety, and under whose supervision there shall be a police department and a fire department. (Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-42-2-50. Reserved. DIVISION 2. POLICE DEPARTMENT* Sec. 2-51. Chief of police—Appointment, compensation, removal. The chief of police shall be the head of the police department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 57-90-16, § 1, 5-29-90) Sec. 2-52. Same—Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. (Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2.53. Powers and authority of deputies and chief. The chief of police and his deputies shall have the power and authority to immediately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten, or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the city, of the state, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law. (Laws of Fla., Ch. 57-1126, § 38; Ord. No. 57-78-7, § E, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-54-2-60. Reserved. *Cross reference—Police generally, Ch. 15. Supp. No. 14 163 § 2-61 ATLANTIC BEACH CODE DIVISION 3. FIRE DEPARTMENT* Sec. 2-61. Fire chief—Appointment; compensation. The fire chief shall be the head of the fire department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 39; Ord. No. 57-78-7, § F, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2.62. Same—Duties and authority. It shall be the duty of the fire chief to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of all city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the *Cross reference—Fire prevention and protection, Ch. 7. Supp. No. 14 164 ADMINISTRATION § 2-272 (5) Actuary: The board shall appoint an actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (6) Medical director: The board may appoint as medical director a physician who is not a member, retirant or beneficiary. The medical director shall arrange for and pass upon all medical examiners required in the administration of the retirement system, and shall investigate all statements and certificates of a medical nature which are pre- sented in connection with the operation of the retirement system. The medical di- rector shall report his conclusions and recommendations in writing. (7) Services: The board is authorized and empowered to employ such professional, tech- nical or other advisors as are required for the proper administration of the retirement system. The services, other than actuarial and medical, shall be obtained and the compensation for the services shall be fixed in accordance with city operating proce- dures. (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1, 4-22-91) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (2) Any city employee who is compensated on a fee basis; (3) Any person participating in another program of deferred compensation as approved by the city commission. (4) Elected officials of the city. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86; Ord. No. 58-93-19, § 1, 9-27-93) Sec. 2.272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from Supp. No. 14 177 § 2-272 ATLANTIC BEACH CODE time to time prescribe and in accordance with the applicable provisions of Chapters 175 and 185, Florida Statutes. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. (Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91) Sec. 2-273. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-274. Reinstatement of credited service. A member's last forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture. (Ord. No. 58-75-4, § 14, 12-22-75) Sec. 2-275. Military service credit. (a) A member of the retirement system who leaves or left city employment to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commission shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city within one (1) year from and after the date of termination of such active duty; (2) In no case shall more than six (6) years of service be created on account of all military service. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section. (Ord. No. 58-75-4, § 15, 12-22-75) Sec. 2.276. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the fol- lowing requirements: (1) The member files written application for retirement with the board of trustees setting forth the date, not less than thirty (30) days nor more than ninety (90) days subse- quent to the execution and filing thereof, retirement is to be effective; Supp. No. 14 178 ADMINISTRATION § 2-276 (2) The member terminates all his/her then current city employment prior to the date retirement is to be effective; (3) The member has met one of the age and service requirements for retirement specified in subsection (b) applicable to the member's benefit group. Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281. (b) The age and service requirements for voluntary retirement are as follows: (1) Benefit group fire. The member has attained age fifty (50) years or older and has twenty (20) or more years of credited service in force; the member at any age has twenty-five (25) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (2) Benefit group police. The member has attained age fifty (50) years or older and has twenty (20) or more years of credited service in force; the member at any age has twenty-five (25) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (3) Benefit group general. The member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force. (c) Employment after retirement: (1) Any person who has retired as a member of this retirement system may be reem- ployed by the city and receive retirement benefits from his previous employment and compensation from his reemployment, except that a person may not receive both compensation from reemployment with the city and previously earned retirement benefits under this retirement system for a twelve-month period immediately fol- lowing that person's date of retirement. (2) Any person who has retired as a member of this retirement system and is subse- quently reemployed by the city shall not become a member of the retirement system by reason of his/her reemployment and shall not be eligible for retirement benefits from his/her reemployment. (3) Any person to whom the limitation in paragraph (a) applies who violates such reem- ployment limitation and who is reemployed by the city before completion of the twelve-month limitation period shall: a. Give timely notice of this fact to the city in writing; b. Have the retirement benefits suspended for the remainder of the twelve-month period; c. Repay all retirement benefits received prior to the giving of this written notice to the city. Until repayment of these retirement benefits is made, the payment of any benefits under the plan after the twelve-month limitation period has expired, is indefinitely suspended. (Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-91-14, § 1, 4-8-91; Ord. No. 58-93-19A, § 1, 10-25-93) Supp. No. 14 179 § 2-277 ATLANTIC BEACH CODE Sec. 2-277. Compulsory separation from employment; extensions; retirement. (a) A member of the retirement system, except an elected official of the city, shall be separated from city employment the first day of the calendar month next following attainment of the applicable age specified in subsection (b), unless an extension in employment is granted pursuant to subsection (c). (b) The age attainment for compulsory separation from city employment is as follows: (1) Benefit group fire: Age sixty-five (65) years; (2) Benefit group police: Age sixty-five (65) years; (3) Benefit group general: Age sixty-five (65) years. (c) A member may be continued in city employment beyond attainment of the applicable age specified in subsection (b), but not beyond seventy (70) years, subject to the following conditions: (1) The member makes written request to the board of trustees for a specified period of continued employment; (2) The request is approved by the city manager, except if the member's position is one obtained by city commission appointment; in this case, approval of the city commis- sion is required; (3) The request is approved by the board of trustees. (d) A member who has five (5) or more years of credited service in force shall be retired and paid a pension computed according to the applicable subsections of section 2-281 upon separation from city employment as provided in this section. (Ord. No. 58-75-4, § 17, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-278. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment for a reason other than retirement or death, and who has and maintains in force the applicable period of credited service specified in subsection (b) shall remain a member for the sole and exclusive purpose of being entitled to retire upon attaining age sixty (60) years. Upon retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-282 as the subsections were in force at the time the member left city employment. (b) The credited service requirement for separation from city employment with entitle- ment to deferred retirement is: (1) Benefit group fire: Five (5) years; (2) Benefit group police: Five (5) years; (3) Benefit group general: Five (5) years. (Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Supp. No. 14 180 ADMINISTRATION § 2-279 Sec. 2-279. Disability retirement—General conditions for eligibility. (a) A member having five (5) or more continuous years of credited service and having contributed to the retirement system for five (5) years or more may retire from the service of the city under the plan if, prior to his normal retirement date, he becomes totally and perma- nently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) on or after the effective date of the plan. Such retirement shall herein be referred to as "disability retirement." The provisions for disability other than line -of -duty disability shall not apply to a member who has reached early or normal retirement age. The five (5) years of credited service shall not apply to police officers and firefighters disabled (as defined herein) in the line of duty. (b) A member will be considered totally disabled if, in the opinion of the board of trustees, he is wholly prevented from rendering useful and efficient service as a city employee, and a member of the retirement system will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (c). (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has terminated. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his normal retirement date is the monthly income computed according to the applicable subsections of section 2-281. (f) The monthly retirement income as computed in section 2-281 to which a member is entitled in the event of his disability retirement shall be payable on the first day of the first month after the board of trustees determine such entitlement. If the member recovers from the disability prior to his normal retirement date, the last payment will be the payment due next preceding the date of such recovery. If the member dies without recovering from his disability or attains his normal retirement date while still disabled, the payment due next preceding his death. Supp. No. 14 181 § 2-279 ATLANTIC BEACH CODE (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein means the ability of the member to render useful and efficient service as an employee of the city. (h) If the member recovers from disability and reenters the service of the city as an employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received disability retirement income payment and ending with the date he reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93) Sec. 2-280. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical examination by or under the direction of the medical director if the disability retirant has not attained the following applicable age: (1) Benefit group fire: Age sixty (60) years; (2) Benefit group police: Age sixty (60) years; (3) Benefit group general: Age sixty (60) years. (b) If a disability retirant refuses to submit to a medical examination payment of the disability pension may be suspended by the board of trustees until withdrawal of the refusal. Should refusal continue for one (1) year all the disahil ty retirant'G rights in and to a disability pension may be revoked by the board of trustees. A disability retirant shall be restored to active employment with the city and the disability pension discontinued if following a medical examination the medical director certifies that the disability retirant is mentally and physi- cally able and capable of resuming employment with the city, and the board of trustees concurs in the certification of the medical director. The city shall be allowed reasonable latitude in placing the returned disability retirant in a position commensurate with the position held at time of disability retirement. (c) A disability retirant who has been restored to employment with the city as provided in subsection (a) shall again become a member of the retirement system. The disability retirant's credited service at time of retirement shall be restored to full force. Service shall be credited for the period the disability retirant was being paid a disability pension. (Ord. No. 58-75-4, § 20, 12-22-75) Sec. 2-281. Amount of level straight life pension. (a) Benefit group fire. Subject to section 2-285, the amount of level straight life pension of the retirement system member shall be equal to the retiring member's benefit group fire Supp. No. 14 182 ADMINISTRATION § 2-282 credited service multiplied by three (3) percent of the retiring member's final average com- pensation. (b) Benefit group police. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group police credited service multiplied by three (3) percent of the retiring member's final average compensation. (c) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multiplied by the sum of two and eighty-five hundredths (2.85) percent of the retiring member's final av- erage compensation. (Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1, 9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93) Sec. 2-282. Optional forms of pension payment. A member of the retirement system may elect to be paid under one (1) of the following optional forms of payment in lieu of the level straight life form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not made. The amount of pension under Option A Supp. No. 14 182.1 ADMINISTRATION § 2-298 and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of setoff for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary. (Ord. No. 58-75-4, § 35, 12-22-75) Sec. 2-296. Errors. Should any change in the records result in any member, retirant or beneficiary being paid from the retirement system more or less than would have been paid had the records been correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. Ord. No. 58-75-4, § 37, 12-22-75) Sec. 2-298. Member contributions. (a) Member contributions by benefit group fire shall be no less than five and three hun- dred seventy-five thousandths (5.375) percent of salary and by benefit group police shall be no less than four and seven hundred twenty-five thousandths (4.725) percent of salary which shall be deducted from the member's pay and paid over into the retirement system at the same time as city contributions are made. (b) Member contributions for benefit group general shall be no less than two (2) percent of salary after same shall have been approved by a majority vote of all members constituting benefit group general and said contribution shall be deducted from the member's pay and paid over into the retirement system at the same time as the city contribution is made to the retirement system. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city pension trust fund, without interest, less any disability benefits paid to him/her. If an em- ployee who has been in the service of the city for at least five (5) years and has contributed to the pension trust fund as provided, elects to leave his accrued contributions in the trust fund, Supp. No. 14 187 § 2-298 ATLANTIC BEACH CODE such employee, upon attaining the age as required in section 2-280, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93) Secs. 2-299-2-310. Reserved. ARTICLE VII. FINANCE* DIVISION 1. GENERALLY Sec. 2.311. Fiscal year. 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) *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 indebt- edness 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. 14 188 ADMINISTRATION § 2-367 monthly log of the actual miles traveled and a monthly request for reimbursement. Travel occurring outside county or travel in conjunction with the authorized traveler receiving re- imbursement for meals and lodging expense or for travel to and from home shall not be included in the log. (Ord. No. 5-83-11, § 8, 1-9-84) Sec. 2-364. Reimbursable incidental expenses. An authorized traveler may be reimbursed for incidental travel expenses incurred during the course of travel. These incidental travel expenses include but are not limited to the following: (1) Taxi, ferry and airport limousine fares; (2) Bridge, road and tunnel tolls; (3) Storage and parking fees; (4) Telephone and telegraph charges relating to city business; (5) Registration, convention or tuition fees not prepaid by the city. (Ord. No. 5-83-11, § 9, 1-9-84) Sec. 2-365. Auditing. A travel expense report or voucher as developed by the city manager shall be submitted to the director of finance within thirty (30) days after the travel expense. Each approved travel expense report will be audited by the director of finance when received. (Ord. No. 5-83-11, § 10, 1-9-84) Sec. 2.366. Fraudulent claims. Claims submitted pursuant to this division shall be signed by the authorized traveler and shall be verified by a written declaration that it is true and correct as to every material matter. Any individual who makes or aides in the making of a false or fraudulent claim shall be guilty of a violation against the city and upon conviction thereof shall be punished as provided by section 1-11 or in the city's personnel rules and regulations. In addition, any person who received a travel allowance, advance or reimbursement by means of a false claim shall be civilly liable for the repayment of the amount into the public fund from which the claim was paid. (Ord. No. 5-83-11, § 11, 1-9-84) DIVISION 4. SERVICE AND USER CHARGES Sec. 2-367. Authorization. The City of Atlantic Beach hereby authorizes the establishment of service charges and user fees for services provided by the city not otherwise paid for by ad valorem taxes and as set and approved from time to time by the city commission. (Ord. No. 5-85-15, § 1, 1-13-86) Supp. No. 14 195 § 2-368 ATLANTIC BEACH CODE Sec. 2-368. Fees and charges. In accordance with the provisions of section 2-367 herein, the following fees and charges are approved: Accident and other public reports issued by the Atlantic Beach police depart- ment or fire department (each copy) $ 3.00 Application for rezoning 100.00 Application for rezoning to amend Comprehensive Plan 250.00 On approval of zoning change, an additional 250.00 Application for use -by -exception 100.00 Application for variance 75.00 Zoning pamphlet 15.00 Zoning maps 5.00 City clerk lien letter 5.00 Copy machine, per copy (first two copies free to senior citizens) .10 Backhoe (including travel time), minimum two hours portal to portal, per hour 50.00 Labor, all departments, actual cost plus 30 percent for fringes Mud hog, per hour 15.00 Trucks, each (including travel time), per hour 20.00 All tractors (including travel time), per hour 35.00 Bush hog, per hour 15.00 Materials, cost plus 10 percent for handling Bore machine, per connection 60.00 Duplicate audio tape 15.00 Occupational license listing 10.00 (Ord. No. 5-85-15, § 1, 1-13-86; Ord. No. 5-86-18, § 1, 1-12-87; Ord. No. 5-87-19, § 1, 9-28-87; Ord. No. 5-93-23, § 2, 2-8-93; Ord. No. 5-93-24, § 1, 10-25-93) Supp. No. 14 196 [The next page is 245] 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. 14 299 § 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 uponany property or premises located withinthe limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of providing human companion - Supp. No. 14 300 ANIMALS § 4-7 ship and which is in compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age, weighs no more than one hundred twenty-five (125) pounds, measures no more than twenty-two (22) inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the provisions of this part. (2) No household shall own or keep more than one (1) pet potbellied pig. (3) Every pet potbellied pig shall be maintained primarily within the residence of its owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which is hereby made applicable to this part, no pet potbellied pig shall run at large. (4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose of stunting its growth of having it conform to the weight or height provisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by specific provisions of this part, are hereby declared to pertain to pet potbellied pigs, as defined and regulated under this chapter, with the following provisions: a. There shall be no required annual inoculation against rabies for such pigs, but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty (30) full business days before such application, been inoculated against and/or been blood -tested, with negative results, for pseudorabies and for brucellosis; b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4, but shall be subject to the provisions of Chapter 10D-3, Florida Administrative Code; c. Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and was, within thirty (30) days before such application is made, in compliance with this section's age, weight and height provisions; Supp. No. 14 300.1 § 4-7 ATLANTIC BEACH CODE d. Every application for annual license for a pet potbellied pig shall be accompanied by a sworn affadavit signed by the applicant to the effect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; e. Before application for annual license for a pet potbellied pig is made, the owner of such pig shall allow the animal control officer a reasonable and timely oppor- tunity to examine such pig and its bona fides as a registered potbellied pig pursuant to subsection (1) above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig; and f. The animal control officer shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true minia- ture Vietnamese potbellied pig. (6) No potbellied pig regulated by the provisions of this part shall be maintained or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control officer, the Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with any provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. (Code 1970, § 4-7(e), (f); Ord. No. 95-88-33, § 1, 4-25-88; Ord. No. 95-93-57, § 1, 6-28-93) Supp. No. 14 300.2 BUILDINGS AND BUILDING REGULATIONS § 6-32 (1) Shore Protection Manual, U.S. Army Corps of Engineers, 4th edition, 1984. (2) U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports. (3) Florida Department of Natural Resources, Division of Beaches and Shores Technical and Design Memoranda. (4) Naval Facilities Engineering Command Design Manual, NAVFAC DM -26, U.S. De- partment of the Navy. (Ord. No. 25-86-17, § 1, 2-24-86) Secs. 6-29, 6.30. Reserved. ARTICLE III. ELECTRICAL CODE* Sec. 6-31. Standards for materials, installations, etc. (a) All electrical construction and all materials and appliances used in connection with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city shall conform to such rules and regulations as may be embodied in this chapter or as may be adopted in this article and shall conform with approved methods of construction for safety to life or property. The regulations set out in the National Electrical Code, 1990 edition, as approved by the National Fire Protection Association, and in the National Electrical Safety Code, 1984 edition, as approved by the American National Standards Institutes, and other installations and safety regulations approved by the American National Standards Institute, shall be prima facie evidence of the approved methods. (b) The National Electrical Code, as referred to in this section, is hereby adopted as the minimum requirements for all electrical construction and all materials and appliances used in connection with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city. (Ord. No. 25-92-23, § 1, 11-9-92) Note—See editor's note, § 6-16. Sec. 6-32. Certificate of competency. (a) Every master or journeyman electrician, before carrying on his trade or business in this city, shall present to the city clerk a certificate as to his competency issued by the state or the board of examiners of electricians of the City of Jacksonville or the City of Jacksonville Beach. (b) It shall be unlawful for any person, not a certified electrician in accordance with the provisions of this section, to do any electrical construction or make any repairs, alterations, *Cross reference—Electric signs, § 17-12. State law reference—Electrical code, F.S. § 553.15 et seq. Supp. No. 14 411 § 6-32 ATLANTIC BEACH CODE additions or changes to any existing system of electrical wiring, apparatus or equipment for light, heat or power within the city. (Code 1970, § 7-4) Sec. 6.33. Improper use of name of licensed master electricians. No licensed master electrician shall allow his name to be improperly used by any person, directly or indirectly, either for the purpose of obtaining a permit or to do any work under his license. When the master electrician is permanently employed, he shall not allow his name to be used for the aforesaid purposes or either of them by any person whatsoever, other than his regular employer. (Code 1970, § 7-5) Sec. 6-34. Employing only certified electricians by master electricians; exceptions. No master electrician shall employ any person on any job in the capacity of an electrician without that person being in possession of a certificate of competency as provided for in section 6-32; provided, that nothing in this article shall be construed to prohibit the working of helpers or apprentices on any job of electrical construction when the work of the helpers or apprentices is performed under the personal supervision of a certified electrician. (Code 1970, § 7-6) Sec. 6-35. Electrical permits required; to whom issued. (a) A permit is required to do any electrical construction of any character, install any electrical wiring, apparatus or equipment or make any extensions or changes to existing systems of wiring of light, heat or power within the city, except the repairing of damaged or broken fixtures, apparatus or equipment and the ordinary work necessary for the proper maintenance of same. (b) Permits to do electrical work will be issued to master electricians who are duly qual- ified under the provisions of this article to engage in the trade or business of electrical con- struction in the city. (c) A homeowner who lives on the premises may take a homeowners test through an accepted testing agency. Upon passing the homeowners test, a permit will be issued for prem- ises occupied by the homeowner. Accepted testing agencies are the City of Jacksonville Building and Zoning Department, the City of Jacksonville Beach Building and Zoning Department, the National Electric Code, and the Standard Building Code Congress International. (Code 1970. § 7-7; Ord. No. 25-93-24, § 1, 9-13-93) Sec. 6-36. Electrical inspections—By electrical inspector. All electrical inspections in this city shall be made by the building official of this city or his designated agent, referred to in this article as the city electrical inspector. (Code 1970, § 7-8) Supp. No, 14 412 BUILDINGS AND BUILDING REGULATIONS § 6-37 Sec. 6-37. Same—Fees. No permit shall be granted for any electrical installation within the limits of the city until after inspection fees have been paid. Such inspection fees are hereby fixed in the following schedule. For all electrical construction requiring a permit there shall be paid by the party obtaining a permit therefor the following inspection fees to be collected by the city clerk: (1) For issuing each permit $ 10.00 (2) New single-family residential occupancy: 0-100 amp service 25.00 101-150 amp service 30.00 151-200 amp service 35.00 For each additional 50 amp or fractional part thereof 5.00 (3) Multifamily per dwelling unit 25.00 (4) Service change: 0-100 amp service 15.00 101-150 amp service 25.00 151-200 amp service 25.00 For each additional 50 amp or fractional part thereof 10.00 (5) New commercial services: 0-100 amp service 25.00 101-150 amp service 30.00 151-200 amp service 35.00 For each additional 50 amp or fractional part thereof 5.00 (6) Temporary services 10.00 (7) Signs 10.00 (8) Switch and receptacle outlets (except new single-family, multifamily and room additions): Up to 30 amp, each 0.30 31-100 amp, each 1.00 101-200 amp, each 2.00 (9) Lighting outlets, including fixtures, each 0.30 (10) Primary service 25.00 (11) Transformers, per 20 KVA or fractional part thereof 2.00 Supp. No. 14 413 § 6-37 ATLANTIC BEACH CODE (12) Heat: 0-10 kw 1.00 10.1-15 kw 2.00 15.1-24 kw 3.00 Over 24 kw 4.00 (13) Air conditioning circuits: 0-60 amp 2.50 61-100 amp 5.00 (14) Motors: 0-5 hp 2.00 Plus $2.00 for each additional 5 hp or fractional part thereof (15) Appliances, fixed or stationary: Up to 30 amp 1.00 31-100 amp 2.00 Over 100 amp 3.00 (16) Smoke detectors wired into electrical system (except single-family, mul- tifamily and room additions), each 1.00 (17) Fire alarm and signaling systems, each 0.00 (18) Minimum fee .. .10.00 (19) Swimming pools 20.00 (20) Repairs and miscellaneous 10.00 (21) Reinspection 10.00 (Ord. No. 34-82-1, § 1, 7-28-82) Sec. 6.38. Same—Permit prerequisite to inspection. No inspection shall be made by the city electrical inspector until after a permit for elec- trical construction or alterations has been obtained by the master electrician from the building official of this city. (Code 1970, § 7-10) Sec. 6.39. Same—Right of entry of electrical inspector. The city electrical inspector or his duly authorized assistants shall have the right, during reasonable hours, with the consent of the owner or occupant, to enter any building or premises in the discharge of his official duty or for the purpose of making any inspection or test of the Supp. No. 14 414 BUILDINGS AND BUILDING REGULATIONS § 6-58 electrical wiring, apparatus or fixtures contained therein. If the owner or occupant shall refuse to give such consent, entry shall be made only pursuant to authority granted by a properly issued search warrant. (Code 1970, § 7-11) Sec. 6-40. Same—Interference with electrical inspector. It shall be unlawful for any person to hinder or interfere with the city electrical inspector or with any assistant city electrical inspector in the discharge of his duties under this article. (Code 1970, § 7-12) Secs. 6-41-6-55. Reserved. ARTICLE IV. PLUMBING CODE* Sec. 6-56. Adoption. There is hereby adopted the Standard Plumbing Code, 1991 edition, with revisions, as published by the Southern Building Code Congress International, Inc., for the purpose of establishing rules and regulations for the construction, maintenance and repairs on plumbing, including permits and penalties. (Code 1970, § 17-1; Ord. No. 25-92-23, § 1, 11-9-92) Note—See editor's note, § 6-16. Sec. 6-57. Certificate of competency. (a) Every master or journeyman plumber before carrying on his trade or business in this city, shall present to the city clerk a certificate as to his competency issued by the state or the board of examiners of plumbers of the City of Jacksonville, or an existing certificate previously issued by the city. (b) It shall be unlawful for any person, not a certified plumber in accordance with the provisions of this section, to do any plumbing construction or to make any repairs, alterations, additions or changes to an existing system, within the city. (Code 1970, § 17-4) Sec. 6-58. Permits—Determination of ownership of secondhand fixtures prior to issu- ance. Before the issuance of any plumbing permit, the plumbing inspector shall ascertain whether new or secondhand fixtures are to be used in the work. Whenever secondhand fixtures are *Cross references—Waterworks system, § 22-16 et seq.; wastewater system, § 22-56 et seq. State law references—Plumbing control act, F.S. § 553.01 et seq.; plumbers, F.S. Ch. 469. Supp. No. 14 415 § 6-58 ATLANTIC BEACH CODE proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing of the ownership of such fixtures and keep a record of the same. (Code 1970, § 17-11) Sec. 6-59. Same—Fee. A fee of three dollars and fifty cents ($3.50) per fixture, including washing machines, water heaters and dishwashers, shall be paid to the city when a plumbing permit is issued. The minimum charge for any permit shall be ten dollars ($10.00) in addition to the rate per fixture. The charge for reinspection shall be ten dollars ($10.00) per inspection. (Code 1970, § 17-12; Ord. No. 36-82-1, § 1, 7-26-82) Sec. 6-60. Same—To whom issued. Plumbing permits shall be issued to master plumbers. A homeowner who lives on the premises may take a homeowners test through an accepted [testing] agency. Upon passing the homeowners test, a permit will be issued to the homeowner for premises occupied by the homeowner. Accepted testing agencies are the City of Jacksonville Building and Zoning Department, the City of Jacksonville Beach Building and Zoning Department, and the Standard Building Code Congress International. (Code 1970, § 17-13; Ord. No. 25-93-24, § 2, 9-13-93) Sec. 6-61. Water conservation regulations. (a) All new construction and all remodeling or repair involving replacement of fixtures in residential, hotel, motel, iiidustry or commercial use shall utilize fixtures conforming to the following schedule of maximum water usage based on water pressures at the fixture of forty (40) to fifty (50) pounds per square inch (psi): Maximum Flow Rate Fixture Type (gallons) Water closets Tank type 2 per flush Flushometer or flushvalve type 2 per flush Wall mount 3.5 per flush Urinals 1 per flush Shower heads 2.5 per minute Lavatory faucets 2 per minute Sink faucets 2.5 per minute (b) No urinal or water closet that operates on a continuous flow or continuous flush shall be permitted unless fitted with time controls adjusted for periods of use. Supp. No. 14 416 BUILDINGS AND BUILDING REGULATIONS § 6-77 (c) The use of standard flush toilets may be allowed when, in the opinion of the building official, the configuration of the building drainage system requires a greater quantity of water to adequately flush the system. (d) Any person desiring to install any device or appliance as set out shall be required to submit to the building official a manufacturer's data sheet defining the water use character- istics of the plumbing devices or appliances prior to final inspection. (e) If a particular fixture listed above is not available from at least two (2) suppliers, the building official may accept a signed, notarized certification of nonavailability from the plumbing contractor and allow a standard plumbing fixture to be used. The notarized certifi- cation of nonavailability shall be signed by the fixture suppliers. (Ord. No. 25-93-25, § 1, 12-13-93) Secs. 6-62-6-75. Reserved. ARTICLE V. MECHANICAL CODE Sec. 6-76. Adoption. There is hereby adopted by the city for the purpose of establishing rules and regulations for mechanical construction, maintenance, and repair, including permits and penalties that certain code known as the Standard Mechanical Code, 1991 edition, with revisions, published by the Southern Building Code Congress International, Inc., including changes and amend- ments, for the purpose of establishing a comprehensive performance code for the minimum design and Installation requirements for heating, ventilating and air conditioning systems in all buildings. Terms and conditions set forth within the booklet are hereby adopted and incorporated as fully as if set out at length in this article and the provisions contained therein shall control within the limits of the city. (Ord. No. 25-82-1, § 1, 7-26-82; Ord. No. 25-92-23, § 1, 11-9-92) Note—See editor's note, § 6-16. Sec. 6-77. Inspection fees. No permit shall be granted for any mechanical installation within the limits of the city until after inspection fees shall have been paid; such inspection fees are hereby fixed as follows: (1) Mechanical permit fees: a. For issuing each permit b. Air conditioning and refrigeration (total capacity in single installa- tion): Supp. No. 14 416.1 $ 10.00 Chapter 18 CHARITABLE SOLICITATIONS* Sec. 18-1. Definitions. [The following definitions, when used in this chapter, shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:] Charitable shall mean of or relating to any benevolent, civic, educational, fraternal, phil- anthropic, religious, humane, patriotic, voluntary health or other eleemosynary activity or cause. Donation shall mean the act of making a gift or contribution to a charitable activity or cause, including, but not limited to, contributions of clothing, food, money, pledges, property, subscriptions or anything else of value. Person shall mean any individual, firm, partnership, corporation, company, association, society, organization, trust, group or league. Solicitation shall mean the request, either directly or indirectly, of any donation or con- tribution for charitable purposes, including, but not limited to, any oral or written request; the sale, offer to sell, or attempt to sell any article, service, publication, advertisement, subscrip- tion, membership or other thing for charitable purposes; or, the making of any announcement to or through the press or other media concerning an appeal, drive or campaign to which the public is requested to make a donation. A solicitation shall be deemed to have taken place when the request is made, whether or not the person making the request receives any dona- tion. (Ord. No. 95-93-58, § 1, 6-28-93) Sec. 18-2. Permit; registration and fingerprinting required. All persons, before entering into or upon a residential premises within the city for the purpose of soliciting, shall register with the city clerk and obtain a permit, and furnish the city clerk with the following: (1) The name, local and permanent addresses, age, race, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant; (2) The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale; (3) The name and address of the employer or organization represented; *Editor's note—Section 1 of Ordinance No. 95-93-58, adopted June 28, 1993, amended Ch. 18 to read as herein set out. Prior to such amendment, Ch. 18 consisted of §§ 18-1, 18-2, 18-16-18-21, which pertained to solicitors and derived from §§ 21-1-21-7 of the 1970 Code; §§ 1, 2 of Ord. No. 95-90-46, adopted May 29, 1990; and §§ 1, 2 of Ord. No. 95-93-55, adopted March 8, 1993. State law reference—Solicitation of Charitable Funds Act, F.S. § 496.01 et seq. Supp. No. 14 1055 § 18-2 ATLANTIC BEACH CODE (4) A statement as to whether the applicant has been convicted of any felony or misde- meanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor; and (5) A complete set of fingerprints taken by the chief of police. (Ord. No. 95-93-58, § 1, 6-28-93) Sec. 18-3. Fees. A fee of fifteen dollars ($15.00) to cover the cost of investigation of the applicant and processing of the application shall be paid to the city clerk when the application is filed and shall not be returnable under any circumstances. (Ord. No. 95-93-58, § 1, 6-28-93) Sec. 18.4. Regulations and prohibitions. (a) While engaged in soliciting, in or upon residential premises, each solicitor must carry and display the permit issued by the city clerk which shall contain the name, address and telephone number of the solicitor, as well as the name of the person or organization for whose benefit or on whose behalf the solicitor is acting. (b) No solicitor shall in any way unlawfully obstruct, delay or interfere with the free movements of any person against that person's will or seek to coerce or physically disturb any other person. (c) No solicitor shall in any way unlawfully obstruct, delay or interfere with vehicular traffic within the city. (d) No solicitor shall solicit door-to-door at any residence between the hours of sunset and 9:00 a.m. (e) Solicitors shall solicit only under the conditions permitted. (f) Solicitors shall not solicit at, nor enter upon, any premises within the city where a "No Solicitation" sign is posted in accordance with the provisions of this subchapter, unless oth- erwise invited onto the premises for that purpose. (g) It is unlawful for any person in connection with the planning, conduct or execution of any solicitation to: (1) Make misrepresentations or misleading statements to the effect that any other person or organization sponsors or endorses such solicitation, approves of its purpose, or is connected therewith, when that person or organization has not given written consent to the use of its name. (2) Represent that the contribution is for or on behalf of a charitable organization or sponsor or to use any emblem, device or printed matter belonging to or associated with a charitable organization or sponsor, without first being authorized in writing to do so by the charitable organization or sponsor. Supp. No. 14 1056 CHARITABLE SOLICITATIONS § 18-4 (3) Use a name, symbol, emblem, device, service mark or statement so closely related or similar to that used by another charitable organization or sponsor that the use thereof would mislead the public. (4) Falsely state that the person is a member of or a representative of a charitable organization or sponsor, or falsely state or represent that the person is a member of or represents a law enforcement or emergency service organization. (5) Misrepresent or mislead anyone by any manner, means, practice or device whatsoever to believe that the person or organization on whose behalf the solicitation or sale is being conducted is a charitable organization or sponsor, or that any of the proceeds of the solicitation or sale will be used for charitable or sponsor purposes, if that is not the fact. (6) Represent that a charitable organization or sponsor will receive a fix ed or than esti atd percentage of the gross revenue from a solicitation campaign gr iden- tifiedeater in any filings required under Chapter 496, Florida Statutes, or that a charitable organization or sponsor will receive an actual or estimated dollar amount or per- centage per unit of goods or services purchased or used in the charitable or sponsor sales promotion that is greater than that agreed to by the commercial coventurer and the charitable organization or sponsor. (7) Use or exploit the fact of registration or the filing of any report with any govern- mental agency so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state. (8) Make misrepresentations or misleading statements to the effect that the donation of a contribution or the display of any sticker, emblem or insignia offered to contributors will entitle such other person to any special treatment by emergency service em- ployees or law enforcement officers in the performance of their official duties. (9) Solicit contributions from another person or organization while wearing the uniform of an emergency service employee or law enforcement officer, or while on duty as an emergency service employee or law enforcement officer, except where the solicitation is for an organization exempt from federal income tax under s.501(c)(3) of the Internal Revenue Code or except when soliciting contributions to benefit an emergency service employee or law enforcement officer who has been injured in the line of duty or to benefit the family or dependents of an emergency service employee or law enforce- ment officer who has been killed in the line of duty. (10) Solicit contributions on behalf of another person or organization using any statement that the failure to make a contribution shall result in a reduced level of law enforce- ment services being provided to the public or the person solicited. (11) Employ in any solicitation any device, scheme or artifice to defraud or to obtain a contribution by means of any deception, false pretense, misrepresentation or false promise. Supp. No. 14 1057 § 18-4 ATLANTIC BEACH CODE (12) Notify any other person by any means, as part of an advertising scheme or plan, that the other person has won a prize, received an award or has been selected or is eligible to receive anything of value if the other person is required to purchase goods or services, pay any money to participate in or submit to a promotion effort. (13) Fail to provide complete and timely payment to a charitable organization or sponsor of the proceeds from a solicitation campaign or a charitable or sponsor sales promo- tion. (14) Fail to apply contributions in a manner substantially consistent with the solicitation. (15) Fail to identify his professional relationship to the person for whom the solicitation is being made. (Ord. No. 95-93-58, § 1, 6-28-93) Sec. 18-5. Posting of "No Solicitation" sign. Any person in possession or in charge of any premises within the city who desires to remain undisturbed by the visit of uninvited solicitors may post or place in a conspicuous place near or at the entrance of the premises a sign containing the words "No Solicitation" or a substantially similar message in letters easily read by a person approaching the premises. (Ord. No. 95-93-58, § 1, 6-28-93) Sec. 18-6. Inspection of books and records. Upon request of the city clerk, the holder of a permit shall make available for inspection, by any agent of the city, all books, records and papers pertaining to the registered solicitation at any reasonable time while the permit is in effect or after it has expired. (Ord. No 95-93-58, S 1, 6-28-93) Sec. 18-7. Revocation. The city clerk or his or her designated agent shall revoke any permit issued under this article if she finds that the permittee has given false information or has knowingly withheld information in obtaining same or upon violation of any portion of this chapter. (Ord. No. 95-93-58, § 1, 6-28-93) Sec. 18-8. Exceptions. The provisions of subsections 18-2(4) and (5) and section 18-3 shall not apply to: (1) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof; (2) Unpaid members of any civic or charitable organization who are registered as such with the city clerk and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented; Supp. No. 14 1058 CHARITABLE SOLICITATIONS § 18-9 (3) Newsboys soliciting subscriptions to any newspaper for home delivery within the city; (4) Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries; (5) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state; and (6) Any charitable, religious, fraternal, youth, civic, service or other organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization. (Ord. No. 95-93-58, § 1, 6-28-93) Sec. 18-9. Penalties. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both. (Ord. No. 95-93-58, § 1, 6-28-93) [The next page is 1107] Supp. No. 14 1059 TAXATION § 20-51 Charitable institutions shall mean only nonprofit corporations operating physical facilities in this state at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay; Child care center includes any establishment which provides care for more than five (5) children unrelated to the operator and which received a payment, fee or grant for any of the children receiving care wherever operated and whether operated for profit. The term "child care center" shall include day nurseries, day care services and day care agencies, but not community-based residential facilities; Classification shall mean the method by which a business or group of businesses is iden- tified by size or type, or both; Commission action means that the city commission shall approve the application in a regular meeting before issuance of such license; Department stores shall be construed to mean those stores which carry or sell three (3) or more lines of goods, wares or merchandise subject to license under the provisions of ordinances of the city. Each department shall be licensed separately; Classification shall mean the method by which a business or group of businesses is iden- tified by size or type, or both; Educational institutions shall mean state tax -supported or parochial, church and nonprofit private schools, colleges or universities conducting regular classes and courses of study re- quired for accreditation by or membership in the Southern Association of Colleges and Sec- ondary Schools, the department of education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption; Hawker shall mean any person who shall rent or sell or offer to sell at wholesale or retail any commodity, product, goods, wares, or merchandise of any kind from a stand, wagon, parked vehicle, container, pushcart, or tent upon any street or public property or any vacant private property. No person shall be engaged as a hawker within the corporate limits of the city or on the city beach. Local occupational license shall mean the method by which a local governing authority grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It shall not mean any fees or licenses paid to any board, commission or officer for permits, registration, examination or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, and not in lieu of, any local occupational license imposed under the provisions of this chapter; Person shall mean any individual, firm, partnership, joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary, and shall include the plural as well as the singular; Supp. No. 14 1161 § 20-51 ATLANTIC BEACH CODE Religious institutions shall mean churches and ecclesiastical or denominational organi- zations or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church ceme- teries; Taxpayer shall mean any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed under the provisions of this article; and the heirs, successors, assignees and transferees of any such person or agent. (Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 70-93-11, § 1, 7-26-93) Cross reference—Definitions and rules of construction generally, § 1-2. State law reference—Similar definitions, F.S. § 205.022. Sec. 20-52. Levy. An occupational license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any profession or occupation within its jurisdiction; (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section, and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the United States Constitution. (4) Any person who reports himself to be engaged in any profession, occupation or in- dustry for the transaction of which a license is required under this chapter either by exiibii,ing a sign or advertisement or by advertising in any newspaper or any other publication or by the distribution of any advertising material or in any other way indicating engagement in such business, profession or occupation, regardless of whether any business has actually been transacted or not. (Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90) State law reference—Similar provisions, F.S. § 205.042. Sec. 20.52.1. Inspections. Prior to the issuance of an occupational license, the structure or site designated as the location of the business to be licensed shall receive the inspection and approval of the city fire inspector and building official to verify compliance with city building and fire codes. The fee for such inspection shall be included in the licensing fee hereunder specified. (Ord. No. 45-90-8, § 1, 6.25-90) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-53. Half-year licenses. The city clerk, upon proper showing that the issuance of a license for a full year would work a hardship in any instance during the period from April first to October first, may issue Supp. No. 14 1162 TAXATION § 20-53 a half -year's license. Persons applying for a license after October first may be issued a half- year's alfyear's license. (Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Authority for a partial license, F.S. § 205.053(1). Supp. No. 14 1162.1 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 2 6-18(3), (4) 35-92-7 10-12-92 1 2-315 80-92-50 10-12-92 1 22-42, 22-43 25-92-23 11- 9-92 1 6-16 6-31 6-56 6-76 6-91 6-120 6-141 6-161 7-16(a) 80-92-51 11-23-92 1 Rnbd 22-16-22-21 As 22-14-22-19 2 22-20-22-29 3 22-166-22-174 55-92-27 1-11-93 1 16-8 65-93-22 1-25-93 1 19-3 5-93-23 2- 8-93 1 2-317 2 2-368 10-93-17 2- 8-93 1 3-2 35-93-8 2- 8-93 1 2-318 57-93-19 2- 8-93 1 2-63 95-93-55 3- 8-93 1, 2 18-18, 18-19 33-93-5 3-22-93 1 2-21 95-93-57 6-28-93 1 4-7(b) 95-93-58 6-28-93 1 18-1-18-9 70-93-11 7-26-93 1 20-51 25-93-24 9-13-93 1 6-35(c) 2 6-60 58-93-19 9-27-93 1 2-271 5-93-24 10-25-93 1 2-368 58-93-19A 10-25-93 1 2-276(b) 2-279(a) 2-281 2-298(a), (b) 25-93-25 12-13-93 1 6-61 [The next page is 2043] Supp. No. 14 1997 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 matters. F.S. Section Section F.S. this Code Section Section this Code 1.01 1-2 21-302(9) 13-201 Ch. 9(note) Ch. 166, Pt. II Char., § 45 23.011 Ch. 14(note) Char., § 60 60.05 2-168, 2-169 166.031 Char., § 79 Ch. 12(note) 166.041 Char., § 18 Ch. 98 Char., § 38 24-4 98.211 Char., § 53 166.101 Ch. 2, Art. VII 100.181 Char., § 41 (note). 100.361 Char., § 56 166.201 Ch. 2, Art. VII Ch. 101 Char., § 42 (note) Ch. 112, Pt. III Char., § 66 Ch. 20(note) 112.061 Ch. 2, Art. VII, 166.231 Ch. 20, Art. II Div. 3(note) (note) 112.65 2-285 166.241 2-311 112.311 Ch. 2, Art. II 166.0425 Ch. 17(note) (note) Ch. 170 Ch. 19(note) Ch. 119 Char., § 65 Ch. 175 2-272 Ch. 2(note) 175.101 20-77 Ch. 161 Ch. 5(note) Ch. 177 24-205 161.041 6-20(b)(3) 177.27(15) 6-21(j) 161.053 6-20(b)(3) 177.011 Ch. 24, Art. IV 6-21(e), (r) (note) Ch. 162 Ch. 2, Art. V, 177.041 24-205 Div. 2(note) 177.091 24-256 162.02 2-146 Ch. 180 Ch. 19(note) 162.05 2-141, 2-142 Ch. 185 2-272 162.05(4) 2-145 185.08 20-76 162.07 2-143, 2-144 Ch. 192 Ch. 20(note) 162.08 2-148 193.116 Char., § 58 162.09 2-149 Ch. 205 Char., § 58 162.10 2-150 Ch. 20, Art. III 162.11 2-151 (note) Ch. 163 Char., § 59 205.022 20-51 14-1(a) 205.042 20-52 21-302(15) 205.043(2) 20-57 163.3161 Ch. 14(note) 205.043(3) 20-57 Ch. 24(note) 205.053 20-54 163.3174 14-22 205.053(1) 20-53 163.3178 6-27 205.063 20-58 Ch. 166 Charter(note) Ch. 218 Ch. 2, Art. VII Char., § 4 (note) Char., § 57 218.33 2-311 Char., § 59 253.12 Ch. 5(note) Supp. No. 14 2053 ATLANTIC BEACH CODE F.S. Section F.S. Section this Code Section 286.011 Char., § 14 553.70 Ch. 2(note) Chs. 561-568 309.01 Ch. 5(note) 561.01 Ch. 316 Ch. 21(note) 562.14(1) 21-1 562.45(2) 316.008 Ch. 21(note) 590.12 316.008(1)(a) Ch. 21, Art. II Ch. 633 (note) 633.35 316.195 Ch. 21, Art. II 633.121 (note) Ch. 650 21-16 316.1945 Ch. 21(note) 21-17 650.02 316.2045 19-1 650.05 320.823 6-23 Ch. 327 Ch. 5(note) Ch. 705 335.075 Ch. 19(note) Ch. 367 Ch. 22(note) Ch. 369 Ch. 5(note) 705.16 Ch. 372 Ch. 4(note) Ch. 373 Ch. 8(note) Ch. 760 381.031(1)(g)1 4-29 760.20 381.031(g)3 Ch. 6, Art. VI (note) 760.22 381.261 Ch. 22(note) 760.23 Ch. 386 Ch. 12(note) 760.24 403.0893 21-302(9), (10) 760.25 403.413 5-4 760.29 16-7 760.37 403.415 Ch. 11(note) Ch. 767 413.08 Ch. 3, Art. II(note) Ch. 469 Ch. 6, Art. IV (note) 768.28 Ch. 479 Ch. 17(note) Ch. 790 Ch. 489 Ch. 6(note) 790.15 Ch. 496 18-4(g)(6) Ch. 791 496.01 Ch. 18(note) 806.13 Ch. 513 Ch. 10(note) 513.01 10-1 Ch. 823 Ch. 514 Ch. 6, Art. VI Ch. 828 (note) 876.05 Ch. 552 Ch. 7(note) 893.03 Ch. 553 Ch. 6(note) 6-21(p) 893.138 553.01 Ch. 6, Art. IV(note) 893.147 553.15 Ch. 6, Art. III(note) 932.701 Supp. No. 14 2054 Section this Code Ch. 6, Art. II(note) 3-1 Ch. 3(note) 3-2 3-2 3-4-3-6 Ch. 7(note) Ch. 7(note) 2-263 Ch. 7(note) Ch. 2, Art. VI, Div. 2(note) 2-241 2-241 Ch. 2, Art. VI, Div. 2(note) Ch. 15, Art. II(note) 21-24 Ch. 2, Art. II(note) Ch. 9(note) Ch. 9, Art. II(note) 9-16 9-17 9-18 9-22 9-23 9-24 Ch. 3, Art. II(note) 4-26 2-1(b)(1) 15-22(g)(3) 13-3 Ch. 7(note) 6-111 22-57 Ch. 12(note) 4-5 Char., § 68 13-4 13-5 2-161 13-5 Ch. 15, STATUTORY REFERENCE TABLE F.S. Section Section this Code Art. II(note) 943.14 2-263 943.22 2-262 943.25(8)(a) 15-1 [The next page is 2081] Supp. No. 14 2055 CHARTER INDEX A ABSENTEE VOTING. See: ELECTIONS ACCOUNTANTS Independent annual audit Powers of commission re audits ACTIONS OR PROCEEDINGS (Civil or criminal) Pending actions and proceedings AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGENCIES OF CITY AIRPORTS Powers of commission re Zoning generally ATLANTIC BEACH. See: CITY OF ATLANTIC BEACH ATTORNEY. See: CITY ATTORNEY AUDITS Powers of commission re B BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BONDS, SURETY AND PERFORMANCE Official bonds Powers of commission re BORROWING MONEY. See: FINANCES Section 19 9(6) 76 9(8), (9) 59 9(6) 67 9(2) BOUNDARIES Established 2 Zoning generally 59 BUDGET Powers of commission re 9(1) Preparation and adoption 34 BUILDINGS Powers of commission re 9(5) Zoning generally 59 C CANDIDATES FOR OFFICE. See: ELECTIONS CERTIFICATES Powers of commission re Supp. No. 14 2081 9(2) ATLANTIC BEACH CODE CHARTER Section Effect of changes in state law 80 Effect of charter on existing law 69 Effective date 79 Initiative and referendum regulations generally 44 et seq. See: INITIATIVE AND REFERENDUM (Proposed ordi- nances, etc.) Present charter of city abolished and new charter estab- lished 1 Separability clause Short title CITY ATTORNEY Appointment Powers and duties Qualifications 78 77 31 32 31 CITY CLERK Appointment 28 Duties 28 Qualifications 29 Removal 30 CITY COMMISSION Appointments City attorney 31 City clerk 28 City manager 10 Deputy city manager or deputy city clerk 11 Change of duties 13 Commissioners Disqualifications 6 City commission to be judge of qualifications of its mem- bers 15 Number of 5 Qualifications 6 City commission to be judge of qualifications of its mem- bers 15 Salary 7 Selection 5 Term 5 Election regulations generally 36 et seq. See: ELECTIONS Financial regulations generally 9 et seq. See: FINANCES Form of government re 3 Independent annual audit 19 Induction into office 14 Initiative and referendum regulations generally 44 et seq. See: INITIATIVE AND REFERENDUM (Proposed ordi- nances, etc.) Supp. No. 14 2082 CHARTER INDEX CITY COMMISSION—Cont'd. Section Meetings 14 Ordinances 17 Procedure for passage of 18 Personal interest 66 Powers 9 Presiding officer Mayor -commissioner 8 Resolutions Procedure for passage of 18 Rights of city manager and other officers in city commission 20 Rules of procedure; journal of minutes 16 Vacancies 12 CITY MANAGER Absence of 24 Appointment 21 City departments re 26 Governance of departments 27 Form of government re 3 Powers and duties 23 Qualifications 22 Removal of 25 Removal of officers and employees by 62 Rights of city manager and other officers in city commission 20 Suits brought against city City manager's duties re 61 CITY OF ATLANTIC BEACH Powers of city generally 4 Incorporation of city Reaffirmation of 2 Suits against city 61 CLERK. See: CITY CLERK CODE OF ORDINANCES Initiative and referendum regulations generally 44 et seq. See: INITIATIVE AND REFERENDUM (Proposed ordi- nances, etc.) Powers of commission re 9(7) COMMISSION. See: CITY COMMISSION CONTRACTS AND AGREEMENTS Continuance of contracts 75 D DEPARTMENT OF FINANCES. See: FINANCES DEPARTMENT OF PUBLIC SAFETY. See: SAFETY Supp. No. 14 2083 ATLANTIC BEACH CODE DEPARTMENTS AND OTHER AGENCIES OF CITY Section City commission regulations generally 3 et seq. See: CITY COMMISSION City manager duties re 26, 27 City manager re city departments 26, 27 Continuity of offices, boards, commissions or agencies 72 Department of finances 35 Department of public safety 33 Election regulations generally 36 et seq. See: ELECTIONS Personal interest 66 Powers of commission re 9(3) Removal of members of boards, commissions, or agencies 63 E ELECTIONS Absentee voting 42 Canvass of returns 43 Electors 38 General elections 41 Generally 36 Initiative and referendum regulations generally 44 et seq. See: INITIATIVE AND REFERENDUM (Proposed ordi- nances, etc.) Nominations 89 Nonpartisan elections 37 Primary elections 40 Recall elections 56 Registration 38 ELECTRICITY Powers of commission re utilities 9(9) EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES ETHICS Personal interest 66 F FINANCES Borrowing money 60 Budget regulations generally 34 Department of finances Director of finance 35 Municipal borrowing Authority to borrow 60 Powers of commission re 9 FINES, FORFEITURES AND PENALTIES Powers of commission re 9(7) Supp. No. 14 2084 CHARTER INDEX FIRE DEPARTMENT Section Responsibilities of department of public safety re 33 FLORIDA. See: STATE OF FLORIDA FRANCHISES Granting of franchises 57 G GENERAL ELECTIONS. See: ELECTIONS GOLF COURSES Powers of commission re 9(8), (9) GOVERNMENT Election regulations generally 36 et seq. See: ELECTIONS Form of government 3 General powers 4 Initiative and referendum regulations generally 44 et seq. See: INITIATIVE AND REFERENDUM (Proposed ordi- nances, etc.) Present charter of city abolished and new charter estab- lished 1 Incorporation of city Reaffirmation of 2 H HOSPITALS Powers of commission re 9(8), (9) I IMPROVEMENTS Continuance of public improvements 75 INITIATIVE AND REFERENDUM (Proposed ordinances, etc.) Amendment of petitions 48 Availability of list of qualified electors 53 Certification of petitions 47 Committee of petitioners 46 Consideration by city commission 50 Effect of certification of referendum petition 49 Examination of petitions 47 Filing of petitions 47 Form of ballot for initiated and referred ordinances 52 Form of petitions 46 Power of initiative 44 Power of referendum 45 Repealing ordinances 55 Results of election 54 Submission to electors 51 Supp. No. 14 2085 ATLANTIC BEACH CODE INVESTIGATIONS Generally L LAND Zoning generally LEGAL ACTIONS AND PROCEEDINGS. See: ACTIONS OR PROCEEDINGS (Civil or criminal) LOTS Powers of commission re Zoning generally M MANAGER. See: CITY MANAGER MAPS. See: SURVEYS, MAPS AND PLATS MUNICIPAL BORROWING. See: FINANCES MUNICIPALITY. See: CITY OF ATLANTIC BEACH N NONPARTISAN ELECTIONS. See: ELECTIONS 0 Section 64 59 9(5) 59 OATH, AFFIRMATION, SWEAR OR SWORN Oath of officc e8 OFFICERS AND EMPLOYEES City attorney 31, 32 City clerk 28 et seq. See CITY CLERK City commission 3 et seq. See: CITY COMMISSION City manager 3 et seq. See: CITY MANAGER Continuance of present officers 71 Director of finance 35 Election regulations generally 36 et seq. See: ELECTIONS Personal interest 66 Powers of commission re 9(11) Removal of officers and employees 62 Rights of officers and employees preserved ?0 OFFICIAL BONDS. See: BONDS OFFICIAL MAP. See: SURVEYS, MAPS AND PLATS Supp. No. 14 2086 CHARTER INDEX p Section PARKS, PLAYGROUNDS AND RECREATION Powers of commission re 9(8), (9) Zoning generally 59 PENALTIES. See: FINES, FORFEITURES AND PENALTIES PETITIONS Initiative and referendum regulations re 44 See: INITIATIVE AND REFERENDUM (Proposed ordi- nances, etc.) POLICE DEPARTMENT Responsibilities of department of public safety re 33 PRIMARY ELECTIONS. See: ELECTIONS PROCEEDINGS. See: ACTIONS OR PROCEEDINGS (Civil or criminal) PROPERTY Title to property reserved 74 Transfer of property 73 Zoning generally 59 PUBLIC IMPROVEMENTS. See: IMPROVEMENTS PUBLIC SAFETY. See: SAFETY PURCHASES AND PURCHASING Powers of commission re 9(10) R RECALL ELECTIONS. See: ELECTIONS RECORDS, BOOKS, PAPERS, ETC. Publicity of records 65 Transfer of records 73 REFERENDUM. See: INITIATIVE AND REFERENDUM (Pro- posed ordinances, etc.) S SAFETY Department of public safety Appointments and responsibilities 33 SALES Powers of commission re 9(10) SEWERS AND SEWAGE DISPOSAL Powers of commission re utilities 9(9) Supp. No. 14 2087 ATLANTIC BEACH CODE STATE LAW Section Effect of changes in state law re charter 80 STATE OF FLORIDA Powers of commission re 9(12) STREETS, SIDEWALKS AND OTHER PUBLIC WAYS Granting of franchise Use of streets, etc. 57 SUITS AGAINST CITY Generally 61 SURVEYS, MAPS AND PLATS Powers of commission re official map 9(4) T TAXATION Tax administration 58 U UTILITIES Powers of commission re 9(9) W WATER SUPPLY AND DISTRIBUTION Powers of commission re utilities Y YARDS, COURTS, ETC. Powers of commission re Zoning generally Z ZONING Generally 9(9) 9(5) 59 59 Supp. No. 142088 [The next page is 2101] CODE INDEX CERTIFICATES—Cont'd. Section Subdivisions Assurance for completion and maintenance of improve- ments Issuance of certificate of completion 24-235 CESSPOOLS Constructing 22-73 CHARITABLE CONTRIBUTIONS City funds use for prohibited 2-2 CHARITABLE SOLICITATIONS. See: SOLICITORS, PED- DLERS, ETC. 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(b)(1) CHIMNEYS Zoning regulations Height limitations 24-156(b) CHURCH SPIRES Zoning regulations Height limitations 24-156(b) CHURCHES Alcoholic beverage establishments, location of 3-6 Noise provisions Interfering with churches 11-10 Zoning regulations 24.153 CIRCUSES Water service, temporary 22-17 CITY ATTORNEY Code enforcement board City attorney shall be counsel to board, etc. Supp. No. 14 2111 2-145 ATLANTIC BEACH CODE CITY COMMISSION Section Community development board Certification of plans and recommendations to commission 14-21 Duties re commission 14-20 Defined 1-2 Members appointed by 14-17 Mayor -commissioner Old -age and survivors insurance Execution of agreements by mayor -commissioner 2-242 Meetings Rules of conduct and procedure at 2-19 Special meetings, calling 2-17 Time and place of regular meetings 2-16 Quorum 2-18 Resignation from office; election procedures 2-21 Salary 2-20 Zoning regulations, responsibility of commission 24-46 CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES CITY OF ATLANTIC BEACH Defined 1-2 CLOTHING Beaches. See also that subject Undressing or changing clothes COASTAL CONSTRUCTION CODE Definitions 6-21 Location 6-26 Public access 6-27 Purpose..............................................• lJ C, 1 :J References 6-28 Scope; applicability 6-20 Structural requirements General provisions 6-22 Major structures 6-23 Minor structures 6-25 Nonhabitable major structures 6-24 Title 6-18 COCAINE. See: DRUGS CODE ENFORCEMENT BOARD Appeals 2-151 City attorney Counsel to board, etc. 2-145 Clerical and administrative personnel 2-144 Compensation of members 2-141 Created, composition 2-141 Hearings 2-147 Minutes of hearings 2-144 Power of board re hearings 2-148 Supp. No. 14 2112 CODE INDEX CODE ENFORCEMENT BOARD—Cont'd. Section Jurisdiction 2-146 Lien, penalties 2-149 Duration of lien 2-150 Meetings 2-143 Power of board to adopt rules for conduct of meetings2-148 Membership 2-141 Minutes of hearings 2-144 Officers, election of 2-143 Penalties; lien 2-149 Duration of lien 2-150 Powers 2-148 Procedure; hearings 2-147 Quorum 2-143 Removal, filing vacancies 2-142 Terms of members 2-141 Vacancies, filling 2-142 CODE OF ORDINANCES* Amendments to code 1-9 Certain ordinances saved from repeal 1-5 Definitions and rules of construction 1-2 Effect of code on prior acts or rights 1-6 Effect of repeal of ordinances 1-7 General penalty; continuing violations 1-11 Headings and catchlines 1-3 History notes and references 1-4 How code designated and cited 1-1 Repeal Certain ordinances saved from repeal 1-5 Effect of repeal 1-7 *Note—The adoption, amendment, repeal, omissions, effective date, expla- nation of numbering system and other matters pertaining to the use, construc- tion and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 14 2112.1 CODE INDEX FINANCES—Cont'd. Purchasing See: PURCHASES, PURCHASING Reserve account for fire department revenue 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 or- dinance of this code FINGERPRINTING Charitable solicitation permit regulations re 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 Reserve account for fire department revenue FIRE ESCAPES Signs obstructing FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant Stopping, standing or parking vehicle within fifteen feet of hydrant Supp. No. 14 2121 Section 2-331 et seq. 2-318 2-367 2-368 20-16 et seq. 2-313 2-356 et seq. 9-22 18-2 2-61 2-61 2-62 7-19 7-17 7-18 2-41 2-63 2-318 17-6 21-25(a)(1) 21-17(4) ATLANTIC BEACH CODE FIRE HYDRANTS—Cont'd. Section Water shortages Permitting water to be used from fire hydrants 22-39(e)(4) 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 condi- tions 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 lot firearms 15-22 Hunting, shooting, etc., birds or wild fowl 4-4 Replica firearms Definitions 13-8 R 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., because of fire 12-1(b)(8) 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 22-24 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 Supp. No. 14 2122 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(a)(1) Signs and advertising structures Obstructing vision or view 17-5 Stopping, standing or parking vehicles within twenty feet of intersection 21-17(3) Subdivisions Design and construction standards Intersections of right angles 24-252(f) Property lines rounded at intersections 24-252(g) INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES J JUNK Parking, storing or leaving of junked vehicles See: TRAFFIC L LAKES. See: WATERCOURSES, WATERWAYS 21-24 et seq. LANDSCAPING Zoning regulations Planned unit development (PUD) 24-135(f) 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. 14 2127 ATLANTIC BEACH CODE LICENSES AND PERMITS—Cont'd. Section Charitable solicitations 18-2 et seq. See: SOLICITORS, PEDDLERS, ETC. 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 opera- tion of 11-8 Residential parking sticker program; permits re 21-27 Sign permits 17-31 et seq. See: SIGNS AND ADVERTISING STRUCTURES 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. 14 2128 CODE INDEX PEDDLERS. See: SOLICITORS, PEDDLERS, ETC PEDESTRIAN EASEMENTS Subdivisions, design and construction standards PEDESTRIANS Obstruction of passage of pedestrians PENSIONS Retirement system for city employees See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS Section 24-253(d) 13-2 2-281 et seq. PERSON Defined 1-2 PICNICS Beaches, picnicking on 5-3 PICTURES Obscene matters prohibited 13-6 PILE DRIVERS, STEAM SHOVELS, ETC. Noise provisions Building operations at night 11-6 PLANNED UNIT DEVELOPMENTS (PUD) Subdivisions, required improvements 24-222 Zoning regulations 24-126 et seq. See: ZONING PLANNING Community development board Appeals 14-24 Certification of board actions to the city manager 14-21 Composition 14-17 Cost 14-26 Created 14-16 Duties 14-20 Enforcement; penalties 14-27 Legal proceedings 14-28 Local planning agency 14-22 Officers 14-17 Petition of illegality 14-25 Powers 14-20 Planned unit development (PUD) Action by community development board 24-132(b) Proceedings of the board 14-23 Qualifications of members 14-17 Removal of members 14-19 Terms of office of members 14-18 Vacancies, filling 14-18 Vacancies, filling 14-18 Supp. No. 14 2137 ATLANTIC BEACH CODE PLANNING—Cont'd. Section Zoning. See also that subject Community development board to serve as planning agency 24-48, 24-49 Comprehensive plan 14-1 Planning and development director Designated to implement flood hazard area provisions 8-21 et seq. See: FLOOD HAZARD AREAS Zoning regulations 24-31 et seq. See: ZONING PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 Subdivision regulations 24-186 et seq. See: SUBDIVISION'S PLUMBING CODE Adoption 6-56 Building sewers and connections Conformance with plumbing code 22-106 Certificates of competency 6-57 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fee 6-59 To whom issued....... c co Water conservation regulations 6-61 Waterworks system Approval of plumbing prior to connection with water system 22-35 PNEUMATIC HAMMERS Noise provisions Building operations at night 11-6 POISONOUS SOLIDS, LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 POLE SIGNS Permitted signs 17-2(b)(5) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES POLES AND WIRES Signs and advertising structures Signs, posters, etc., prohibited on utility poles, telephone poles, etc. Supp. No. 14 2138 17-8 CODE INDEX POLES AND WIRES—Cont'd. Section Trees Damaging by permitting wires, chains, etc., to be installed around tree 23-19 Zoning regulations Height limitations for flagpoles, etc. 24-156(b) POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 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, etc22-72 POWER FANS Muffling of 11-7 PRECEDING, FOLLOWING Defined PRIVIES, PRIVY VAULTS Constructing PROPERTY Abandoned, wrecked, junked or inoperative property, etc Declared unlawful; exception; nuisance declared Supp. No. 14 2139 1-2 22-73 21-24 ATLANTIC BEACH CODE PROPERTY—Cont'd. Section Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS Noise provisions 11-8 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT 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 2-82 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 R RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL Supp. No. 14 2140 CODE INDEX RACIAL DISCRIMINATION Section 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(b)(1) RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(7) REAL ESTATE BROKERS Fair housing 9-16 et seq. RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES REFRIGERATORS Abandoned refrigerators, nuisance provisions 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Charitable solicitation permit regulations re 18-2 Dogs and cats 4-22 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 22-16 REPEAL OF ORDINANCES. See: CODE OF ORDINANCES REPLICA FIREARMS Definitions Possession and use regulated RESTAURANTS. See: FOOD AND FOOD ESTABLISH- MENTS 13-8 13-9 RETIREMENT Retirement system for city employees 2-261 et seq. See: OFFICERS AND EMPLOYEES Supp. No. 14 2141 ATLANTIC BEACH CODE REWARDS Section 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 Recreational vehicles Stopping, standing or parking in street or right-of-way 21-22 Subdivisions Design and construction standards Required improvements, clearing and grading of rights- of-way 24-257 Streets Minimum rights-of-way and paving width 24-252(h) ROOF DOWNSPOUTS Building sewers and connections Connection of downspouts 22-108 ROOF RUNOFF OF STORM WATER, ETC. Discharging into sanitary sewers 22-127 ROOF SIGNS Permitted signs 17-2(b)(4) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES S RUBBISH. See also: GARBAGE AND REFUSE Nuisances enumerated Abatement of nuisances, etc. See: NUISANCES SAFETY. See: PUBLIC SAFETY 12-1 SAFETY ZONES AT BEACH Provisions re 5-16 et seq. See: BEACHES SAILBOATS Beaches Parking of sailboats not to obstruct lifeguard activities .. 5-6 SALES Alcoholic beverage sales 3-2 et seq. See: ALCOHOLIC BEVERAGES Supp. No. 14 2142 CODE INDEX SALES—Cont'd. Confiscated or lost property, disposition of Sale of property See: POLICE DEPARTMENT Drug paraphernalia, sale of Fair housing, discrimination in sales See: FAIR HOUSING Noise provisions Crying or calling out sale of goods at auctions, etc Loudspeaker equipment for advertising or sales purposes Standing or parking vehicle for purpose of displaying it for sale Section 15-16 et seq. 13-5 9-17 et seq. 11-2 11-8 21-21 SCHOOL YARDS Definition of "public place" to include school yards 1-2 SCHOOLS Alcoholic beverage establishments, location of Noise provisions Interfering with school SECONDHAND PLUMBING FIXTURES Plumbing permits Determination of ownership of secondhand fixtures prior to issuance 3-6 11-10 6-58 SECURITY BUILDINGS Zoning regulations 24-158 SEPTIC TANKS Constructing 22-73 SERVICE STATIONS Zoning regulations 24-165 SETBACKS Mobile home parks and recreational vehicle parks Setback requirements 10-2(3) Signs and advertising structures Setback requirements 17-12 Subdivisions Design and construction standards Building setback lines 24-255(f) Zoning regulations Swimming pools, setbacks 24-164(2) SEVERABILITY OF PARTS OF CODE Provisions re 1-8 SEWERS AND SEWAGE DISPOSAL Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Supp. No. 14 2143 ATLANTIC BEACH CODE SEXUAL DISCRIMINATION Section Fair housing 9-16 et seq. See: FAIR HOUSING SHACKS Zoning regulations Temporary residence 24-82(h) SHAFTS, ABANDONED Nuisances enumerated 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES SHALL; MAY Definition SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1-2 SIGNS AND ADVERTISING STRUCTURES Blinkers, beacons and spotlights 17-10 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, ete 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(b)(1) Height Minimum height above sidewalks 17-9 Horizontal projecting signs Permitted signs 17-2(b)(2) 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 Supp. No. 14 2144 CODE INDEX SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section Marquee or awning signs Permitted signs 17-2(b)(6) "No Solicitation" sign, posting of 18-5 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(b)(5) Rear of sign structure, concealing 17-16 Residential parking permit signs, posting of 21-27(d) Roof signs Permitted signs 17-2(b)(4) 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 sidewalks or streets 17-8 Traffic. See also that subject Confusion with, use of words on traffic -control signs 17-5 Signs creating traffic hazards 17-4 Signs obstructing vision or view 17-5 Utility poles Signs, posters, etc., prohibited on 17-8 Vertical projecting signs Permitted signs 17-2(b)(3) 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 Supp. No. 14 2145 11-4 ATLANTIC BEACH CODE SITES Section 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) SOLICITORS, PEDDLERS, ETC. Charitable solicitations Books and records, inspection of 15-6 Definitions 18-1 Exceptions 18-8 "No Solicitation" sign, posting of 18-5 Permits Fees 18-3 Fingerprinting required 18-2 Registration required 18-2 Revocation 18-7 Prohihitions 13-4 Regulations generally 18-4 Violations and penalties 18-9 Code enforcement board's jurisdiction re 2.146 See: CODE ENFORCEMENT BOARD Playing of musical instruments for purpose of soliciting money, etc 11-5 Noise. See also that subject Crying or calling out by hawkers, taxicab drivers solic- iting passengers, etc 11-2 Noise in public places generally 11-2 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(b)(4) Supp. No. 14 2146 CODE INDEX STATE HIGHWAY RIGHTS-OF-WAY Section 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 elec- tricity 17-14 STEAM SHOVELS Noise provisions Building operations at night 11-6 STOPPING OF VEHICLES 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(b)(1) 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) STORMWATER MANAGEMENT Billing 22-310 Collection 22-310 Comprehensive plan re 22-304 Supp. No. 14 2146.1 ATLANTIC BEACH CODE STORMWATER MANAGEMENT—Cont'd. Section 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. 14 2146.2