AB Code Supplement 15SUPPLEMENT NO. 15
January 1995
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 95-94-61, adopted September 12, 1994.
See the Code Comparative Table for further information.
Remove old pages
xi, xii
Checklist of up-to-date pages
172.1, 172.2
995-997
1055-1059
1161-1183
1277, 1278
1997
2053-2055
2143, 2144
2157, 2158
Insert new pages
xi, xii
Checklist of up-to-date pages
(following Table of Contents)
172.1, 172.2
995-997
1055-1059
1161-1176
1277-1278.1
1997
2053-2055
2143, 2144
2157-2158.1
Insert and maintain this instruction sheet in front of this publication.
removed pages for reference.
File
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(904) 576-3171
1 -800 -262 -CODE
TABLE OF CONTENTS—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. 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. IV. Insurance Premium Taxes 1176
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 1278
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. 15
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 Tape 2053
Charter Index 2081
Code Index 2101
Supp. No. 15 xii
Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
page.
In the first column all page numbers are listed in sequence. The second column
reflects the latest printing of the pages as they should appear in an up-to-date
volume. The letters "00" indicate the pages have not been reprinted in the
Supplement Service and appear as published for the original Code. When a page
has been reprinted or printed in the Supplement Service, this column reflects the
identification number or Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page OC 169, 170 1
iii 14 171, 172 9
v, vi OC 172.1, 172.2 15
vii, viii 1 173, 174 11
ix, x 14 174.1, 174.2 11
xi, xii 15 175, 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. 15 [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 15
411, 412 14 1163, 1164 15
413, 414 14 1165, 1166 15
415, 416 14 1167, 1168 15
416.1 14 1169, 1170 15
417, 418 13 1171, 1172 15
419, 420 13 1173, 1174 15
421, 422 13 1175, 1176 15
469, 470 8 1221, 1222 12
521, 522 6 1223, 1224 12
523, 524 6 1225, 1226 12
525, 526 6 1227, 1228 12
527, 528 6 1229, 1230 12
529, 530 6 1231, 1232 12
531, 532 6 1233 12
533, 534 6 1277, 1278 15
535 6 1278.1 15
577, 578 OC 1279, 1280 13
579, 580 OC 1281, 1282 13
581 OC 1283, 1284 13
631, 632 OC 1284.1, 1284.2 13
683, 684 OC 1284.3, 1284.4 13
685 OC 1284.5 13
735, 736 10 1285, 1286 OC
737 10 1287, 1288 OC
181, 788 8 1289, 1290 00
789, 790 8 1291, 1292 OC
791, 792 12 1293, 1294 OC
793 12 1294.1, 1294.2 13
839, 840 11 1295, 1296 13
841, 842 5 1297 13
843 5 1298.1, 1298.2 3
891, 892 12 1299, 1300 OC
893 12 1301, 1302 11
943, 944 12 1303, 1304 11
945, 946 13 1305, 1306 11
947, 948 12 1307, 1308 11
995, 996 15 1351, 1352 10
997 15 1353, 1354 10
999, 1000 OC 1355, 1356 10
1001, 1002 OC 1357, 1358 10
1003, 1004 OC 1403, 1404 5
1005 OC 1405, 1406 3
1055, 1056 15 1407, 1408 OC
1057, 1058 15 1409, 1410 12
1059 15 1411, 1412 12
Supp. No. 15 [2]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1412.1 12 1993, 1994 6
1413, 1414 5 1995, 1996 13
1415, 1416 5 1997 15
1417, 1418 10 2043 OC
1419, 1420 12 2053, 2054 15
1421, 1422 5 2055 15
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 15
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
1983, 1984 OC 2157, 2158 15
1985 OC 2158.1 15
1987, 1988 OC 2159, 2160 13
1989, 1990 OC 2161, 2162 13
1991, 1992 2 2162.1, 2162.2 13
Supp. No. 15
[3]
ATLANTIC BEACH CODE
Page No. Supp. No.
2163, 2164 6
2165, 2166 5
2166.1 5
2167, 2168 OC
2169, 2170 5
2171, 2172 5
Supp. No. 15 [4]
ADMINISTRATION § 2-240
Any such order entered shall expire after one year or at such earlier time as stated in the order.
(Ord. No. 95-89-40, § 7, 6-12-89)
Sec. 2-168. Permanent injunctions.
The board may bring a complaint under Florida Statutes Section 60.05 seeking a perma-
nent injunction against any nuisance described herein.
(Ord. No. 95-89-40, § 8, 6-12-89)
Sec. 2-169. Restrictions.
This division does not restrict the right of any person to proceed under Florida Statutes
Section 60.05 against any public nuisance.
(Ord. No. 95-89-40, § 9, 6-12-89)
Secs. 2-170-2-225. Reserved.
ARTICLE VI. EMPLOYEE BENEFITS*
DIVISION 1. GENERALLY
Sec. 2-226. Holiday schedule.
The following schedule of holidays is hereby ordained, established, and approved:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25
Date applicable
(Ord. No. 5-86-17, § 1, 10-27-86; Ord. No. 5-94-25, § 1, 1-24-94)
Editor's note—Ord. No. 5-86-17, § 1, adopted October 27, 1986, did not specifically
amend the Code; therefore, inclusion as § 2-226 was at the discretion of the editor.
New Year's Day
Martin Luther King, Jr. Day
President's Day observed
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Employee's birthday
Secs. 2-227-2-240. Reserved.
*Cross reference—Any ordinance relating to the salaries of the city officers or employees
saved from repeal, § 1-5(6).
Supp. No. 15 172.1
§ 2-241 ATLANTIC BEACH CODE
DIVISION 2. OLD -AGE AND SURVIVORS INSURANCE*
Sec. 2-241. Statement of policy.
It is hereby declared to be the policy and purpose of the city to extend, effective as of
January 1, 1951, to the employees and officials of the city not excluded by law, and whether
employed in connection with a governmental or proprietary function, the benefits of the system
of old -age and survivors insurance, as authorized by the Federal Social Security Act and
amendments thereto, including Public Law 734 of the 81st Congress, and by F.S. Ch. 650; and
to cover by such plan all services which constitute employment as defined in F.S. § 650.02,
performed in the employ of the city by employees thereof. In pursuance of such policy, and for
that purpose, the city shall take such action as may be required by applicable state or federal
laws or regulations.
(Code 1970, § 16-4)
Sec. 2-242. Execution of agreements by mayor -commissioner.
The mayor -commissioner is hereby authorized and directed to execute all necessary agree-
ments and amendments thereto with the division of retirement of the department of admin-
istration as the state agency for the state or his authorized representative for the purpose of
extending the benefits provided by the system of old -age and survivors insurance to the em-
ployees and officials of this city, as provided in section 2-241, which agreement shall provide for
such methods of administration of the plan by the city as are found by the state agency to be
necessary for the proper and efficient administration thereof, and shall be effective with re-
spect to services in employment covered by the agreement performed after December 31, 1950.
(Code 1970, § 16-5)
S,._. 2 049 .(., ioaroc
Withholdings from salaries, wages or other compensation of employees and officials for the
purpose provided in section 2-241 are hereby authorized to be made, and shall be made, in the
amounts and at such times as may be required by applicable state or federal laws or regula-
tions, and shall be paid over to the state agency designated by such laws or regulations to
receive such amounts.
(Code 1970, § 16-6)
Sec. 2-244. Appropriations and payment of contributions by city.
There shall be appropriated from available funds, derived from such amounts, at the
times, as may be required to pay promptly the contributions required of the city as employer
*State law references—Social security for public employees, F.S. Ch. 650; authority of
political subdivisions of state to submit plans for inclusion under the social security act, F.S.
§ 650.05.
Supp. No. 15 172.2
Chapter 17
SIGNS AND ADVERTISING STRUCTURES*
Art. I. In General, §§ 17-1-17-30
Art. II. Permit, §§ 17-31-17-35
ARTICLE I. IN GENERAL
Sec. 17-1. Intent.
The commission recognizes that there are various persons and entities who have an
interest in communicating with the public -at -large through the use of signs and advertising
structures. The commission is also responsible for furthering the city's obligation to its resi-
dents and visitors to maintain safe and aesthetic surroundings. It is the intent of the com-
mission that this chapter shall place the fewest possible restrictions on personal liberties,
property rights, and the free exercise of constitutional rights while achieving the city's goal of
creating a safe, healthy, and aesthetic environment.
(Ord. No. 60-94-8, § 1, 7-25-94)
Editor's note—Ordinance No. 60-94-8, § 1, adopted July 25, 1994, amended Ch. 17 by
adding a new § 17-1 and renumbering the existing § 17-1 as § 17-1(a). In order to conform to
the numbering system of the Code, such section was designated as § 17-1.1 at the editor's
discretion.
Sec. 17-1.1. Certain signs exempted from operation of chapter.
The following signs are expressly excluded from the operation of this chapter:
(1) Decals affixed to or signs painted on store windows, store equipment, fuel pumps or
other types of vending equipment used for dispensing retail products.
(2) Signs wholly within a building.
(3) Memorial signs, tablets or plaques, or the name of a building and the date of erection,
when the same are cut into any masonry surface or when constructed of bronze or
other incombustible material.
(4) Small professional nameplates for physicians, surgeons, dentists, musicians, lawyers,
architects, teachers and other like professional persons placed on the premises occu-
pied by the persons, and not exceeding more than one (1) square foot in area, in all
areas except business or industrial zones.
*Cross references—Buildings and building regulations, Ch. 6; planning/zoning/appeals,
Ch. 14; occupational license for advertising, § 20-59; zoning and subdivision regulations, Ch.
24.
State law references—Authority to establish sign ordinances, F.S. § 166.0425; outdoor
advertisers, F.S. Ch. 479.
Supp. No. 15 995
§ 17-1.1 ATLANTIC BEACH CODE
(5) Occupational signs denoting only the name and profession of an occupant in a com-
mercial building or public institutional building, placed flat against the exterior sur-
face of the building and not exceeding three (3) square feet in area.
(6) Not more than one (1) real estate sign advertising the sale, rental or lease of only the
premises on which it is maintained. Also, not more than four (4) off -premise real
estate signs advertising an official open house which such open house shall be of a
duration of no more than eight (8) continuous hours and such signs may not be erected
more than one (1) hour before the open house and must be removed one (1) hour after
the end of the open house. All signs allowed by this section shall not be more than four
(4) square feet in area and shall conform to required setback lines.
(7) Signs noting the architect, engineer or contractor when placed upon work under
construction; provided; the sign shall be removed within fifteen (15) clays of comple-
tion of construction. The signs shall not be larger than necessary to display the names
of persons or firms performing labor or supplying materials to the premises.
(8) Traffic signs, legal notices, danger signs and temporary emergency or nonadvertising
signs, erected by the city, county, state or federal authorities.
(9) "No trespassing" and "private property" signs not exceeding sixty-six (66) square
inches in area.
(10) "Vacancy" or "no vacancy" signs not exceeding sixty-six (66) square inches in area.
(11) Directional signs, located off premises, of any religious, charitable, fraternal or civic
organization operated within the city, having a meeting place, clubhouse or other site
within the city for the purpose of indicating the place where such meeting place,
clubhouse or site is located in the city. Such signs are not exempt from the provisions
of article II of this chapter if they pertain to a meeting place, clubhouse or site outside
of the city. Such directional signs shall not exceed twelve (12) inches by eighteen (18)
inches and be not more than ten (10) feet in overall height above ground level. These
directional signs shall not exceed four (4) in number for each organization, as listed
herein, and shall be no less than one thousand (1,000) feet from another directional
sign of the same organization. Any directional sign existing on December 1, 1988,
shall be allowed to remain until such time as the condition of the sign becomes unsafe,
unsightly or in need of major repairs, at which time it shall be removed. Structural
repairs to existing signs shall not be made without a permit. Before any directional
signs can be installed after December 1, 1988, a permit shall be obtained from the city
specifying design, duration, and location.
(12) Bulletin boards not over fifteen (15) square feet in area for public, charitable or
religious institutions, when the same are located on the premises of the institutions.
(13) Signs announcing the candidacy of a candidate for public office not exceeding four (4)
square feet in area. The placing of such signs on public property is expressly prohib-
ited. Such signs may, however, be placed wholly within the boundaries of private
residential or commercial property, at the discretion of the legal owner and/or occu-
Supp. No. 15 996
SIGNS AND ADVERTISING STRUCTURES § 17-2
pant of the property, provided such signs conform with all traffic, electrical, mainte-
nance, fire and safety regulations of the city. Signs may not be placed on private
property prior to qualification of the candidate to run for office or more than twenty
(20) days before the first election, whichever is less, and all such signs shall be
removed within twenty-four (24) hours after the last election, including runoff elec-
tions.
(14) Signs erected at entrances to subdivisions or new developments which contain not
less than ten (10) houses or lots. Any such signs shall not exceed twenty-four (24)
square feet in area.
(15) Signs posted on public service benches. Advertising signs on benches shall be regu-
lated by contract by the city commission.
(Code 1970, § 20-1; Ord. No. 60-81-4, § 1, 7-13-81; Ord. No. 60-88-5, § 1, 1-11-89; Ord. No.
60-94-8, § 1, 7-25-94)
Sec. 17-2. Signs permitted.
(a) Signs displayed or erected which advertise the particular building or property on
which the sign is located, or some merchandise or service dispensed or rendered on the same
premises on which the sign is located, are permitted, subject to subsection (b) of this section
and all other provisions of this chapter. No other billboard, sign, banner, marquee, canopy or
awning sign of any kind, except those signs specifically exempted in section 17-1, shall be
displayed or erected in the city.
(b) The following signs, are permitted in the city, subject to the restrictions set out below:
(1) Flat signs. A flat sign is any sign erected parallel to the face of or on the outside of any
building and supported through its length by such wall, or any sign in any way
Supp. No. 15
997
Chapter 18
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, for any donation or con-
tribution, including, but not limited to, any oral or written request; the offer or attempt to sell
any article, service, publication, advertisement, subscription, membership or other thing; the
announcement 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
donation or makes a sale.
Solicitor shall mean any individual who requests, either directly or indirectly, any dona-
tion or contribution, including, but not limited to, any oral or written request, or any individual
who attempts to sell any article, service, publication, advertisement, subscription, member-
ship or other thing.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-2. Permit; registration and fingerprinting required.
Each and every solicitor, before entering into or upon a residential premises within the
city for the purpose of soliciting, shall register with the city clerk, 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;
*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. 15
1055
§ 18-2 ATLANTIC BEACH CODE
(2) The nature or purpose for which solicitations will be made and the nature of the
goods, wares or merchandise offered for sale;
(3) The name and address of the employer or organization represented, if any;
(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;
(5) A complete set of fingerprints taken by the chief of police or his designee; and
(6) Authorization for a criminal background investigation.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-3. Fees.
A fee of thirty-five dollars ($35.00) 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. In addition to the aforementioned fee, each
solicitor shall be required to pay for a solicitor's permit as provided in section 20-59 of the City
Code.
(Ord. No. 95-93-58, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-4. Regulations and prohibitions.
(a) While engaged in soliciting in or upon residential premises, each solicitor shall carry
and prominently display the permit issued by the city clerk which shall contain the name,
gddrpsc anra tPlenhnnP nnmher of the solicitor; as well as the name of the person or organiza-
tion 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) No solicitor shall solicit, except under the conditions permitted, if permit required, by
section 18-2.
(f) It shall be unlawful to 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
otherwise invited onto the premises for that purpose.
Supp. No. 15 1056
SOLICITATIONS § 18-4
(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 an organization or sponsor or to
use any emblem, device or printed matter belonging to or associated with an organi-
zation or sponsor, without first being authorized in writing to do so by the organiza-
tion or sponsor.
(3) Use a name, symbol, emblem, device, service mark or statement so closely related or
similar to that used by another 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 an 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 fixed or estimated
percentage of the gross revenue from a solicitation campaign greater than that iden-
tified 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 percent-
age 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 governmental
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 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 employees or law enforce-
ment 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
Supp. No. 15 1057
§ 18-4 ATLANTIC BEACH CODE
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.
(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 of the proceeds from a solicitation cam-
paign to a charitable organization or sponsor organization.
(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; Ord. No. 95-94-61, § 1, 9-12-94)
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 itiiiixzfiocu solicitors may post or place 3[i a Coixspir.iri;ixs 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; Ord. No. 95-94-61, § 1, 9-12-94)
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, § 1, 6-28-93; Ord. No. 95-94-61, § 1, 9-12-94)
Sec. 18-7. Revocation.
The city clerk or his or her designated agent shall revoke any permit issued under this
article if he or 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; Ord. No. 95-94-61, § 1, 9-12-94)
Supp. No. 15 1058
SOLICITATIONS § 18-9
Sec. 18-8. Exceptions.
The provisions of subsections 18-2(4), (5), and (6), 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;
(3) Newsboys soliciting subscriptions to any newspaper for home delivery within the city;
(4) Route deliverymen who make deliveries 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; Ord. No. 95-94-61, § 1, 9-12-94)
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; Ord. No. 95-94-61, § 1, 9-12-94)
Supp. No. 15
1059
[The next page is 1107]
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 non-
profit private schools, colleges or universities conducting regular classes and courses of study
required for accreditation by or membership in the Southern Association of Colleges and
Secondary Schools, the department of education or the Florida Council of Independent Schools.
Nonprofit libraries, art galleries and museums open to the public are defined as educational
institutions and eligible for exemption.
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.
Manufacturing establishment shall mean any business engaged in making products from
raw materials, either by hand or by machinery.
Supp. No. 15 1161
§20-51 ATLANTIC BEACH CODE
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.
Physical facility shall mean all areas used by a firm to conduct its business, and shall
include both buildings and outside areas used in conjunction with the business, but shall not
include those areas used exclusively for patron parking.
Professional establishment shall mean any business or profession which is regulated by
the state department of professional regulation, or other state board or commission thereof.
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.
Retail establishment shall mean any business engaged in the sale of goods or commodities
in any quantities.
Service establishment shall mean any business or individual engaged in any trade, or who
provides labor, repair, maintenance or incidental services. Hotels, motels and restaurants shall
also be considered service establishments.
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; Ord. No. 45-94-11, § 1, 6-27-94)
Cross reference—Definitions and rules of construction generally, § 1-2.
State Yaw reterence—Simiiar 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
exhibiting a sign or advertisement or by advertising in any newspaper or any other
Supp. No. 15 1162
TAXATION § 20-54
publication or by the distribution of any advertising material or in any other way
indicating engagement in such business, profession or occupation, regardless of wheth-
er any business has actually been transacted or not.
(Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90)
State law reference—Similar provisions, F.S. § 205.042.
Sec. 20-52.1. Inspections.
Prior to the issuance of an occupational license, the structure or site designated as the
location of the business to be licensed shall receive the inspection and approval of the city fire
inspector and building official to verify compliance with city building and fire codes. The fee for
such inspection shall be included in the licensing fee hereunder specified.
(Ord. No. 45-90-8, § 1, 6-25-90)
State law reference—Similar provisions, F.S. § 205.042.
Sec. 20-53. Half-year licenses.
The city clerk, upon proper showing that the issuance of a license for a full year would
work a hardship in any instance during the period from April first to October first, may issue
a half -year's license. Persons applying for a license after October first may be issued a half -
year's license.
(Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84)
State law reference—Authority for a partial license, F.S. § 205.053(1).
Sec. 20-54. Due dates and delinquencies; penalties.
(a) All licenses shall be sold by the city clerk beginning September first of each year and
shall be due and payable on or before October first of each year and shall expire on September
thirtieth of the succeeding year. If October first falls on a weekend or holiday, the tax shall be
due and payable on or before the first working day following October first. Those licenses not
renewed when due and payable shall be considered delinquent and subject to a delinquency
penalty often (10) percent for the month of October, plus an additional five (5) percent penalty
for each month of delinquency thereafter until paid. However, the total delinquency penalty
shall not exceed twenty-five (25) percent of the occupational license fee for the delinquent
establishment. If license is not paid by January thirty-first, the city clerk shall have city water
service disconnected until license fee plus delinquent charges are paid in full.
(b) Any person engaging in or managing any business, occupation or profession without
first obtaining a local occupational license, if required in this article, shall be subject to a
penalty of twenty-five (25) percent of the license determined to be due, in addition to the
penalty provided by section 1-11.
(Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90)
State law reference—Similar provisions, F.S. § 205.053.
Supp. No. 15
1163
§ 20-55 ATLANTIC BEACH CODE
Sec. 20-55. Businesses falling under more than one classification; operating at more
than one location.
Each license classification and the amount of the license tax, as set forth in this chapter,
shall be deemed to be cumulative to any license taxes otherwise imposed, and when any
occupation, business, profession or commercial activity shall fall into more than one (1) of the
classifications, such occupation, business, profession or commercial activity shall be required
to comply with the license requirements of each such classification or provision. Whenever any
person operates any of the businesses provided for in this article at more than one location,
each location shall be considered a separate business.
(Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84)
Sec. 20-56. Compliance by licensees.
Issuance of a license by the city clerk shall in no wise relieve the holder thereof of re-
sponsibility for compliance with all provisions of this Code or other city ordinances or parts
thereof heretofore passed or which may hereafter be passed by the city commission regulating
the conduct of the business.
(Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84)
Sec. 20-57. Transfer.
(a) All business licenses may be transferred to a new owner when there is a bona fide sale
of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of the
original license and evidence of the sale.
(b) Upon written request and presentation of the original license, any license may be
transferred from one location to another location in the city upon payment of a transfer fpp of
three dollars ($3.00).
(Ord. No. 45-84-6, § 1, 9-24-84)
State law reference- Similar provisions, F.S. § 205.043(2), (3).
Sec. 20-58. Exemptions.
Except from the provisions of this article are those persons exempt under F.S. § 205.063
et seq.
Sec. 20-59. Schedule of fees.
No person, firm, or corporation shall engage in or manage any trade, business, profession,
or occupation without first obtaining a license and paying an annual fee, which shall be
assessed as follows:
MANUFACTURING ESTABLISHMENTS:
0 to 1,500 square feet $45.00
1,501 to 5,000 square feet 75.00
5,001 to 15,000 square feet 100.00
Supp. No. 15 1164
TAXATION § 20-59
15,001 square feet and over 250.00
Manufacturer, all
PROFESSIONAL ESTABLISHMENTS (Physical facility):
Any person applying for a city occupational license to practice any profession regulated by
the state department of professional regulation, or any other state board or commission there-
of, must exhibit an active state certificate, registration, or license before the city occupational
license may be issued. This classification of license tax shall consist of, but shall not be limited
to, the following types of business, and the license fee for the professional establishment shall
be assessed at the rate indicated:
0 to 1,500 square feet $45.00
1,501 to 5,000 square feet 75.00
5,001 to 15,000 square feet 100.00
15,001 square feet and over 250.00
Accountancy firm/corporation
Architect firm/corporation
Air conditioning/heating
Attorney firm/corporation
Barber shop
Beauty shop
Brokerage firm/corporation: Mortgage, stocks, bonds
Building contractor
Cosmetology salon
Cosmetology school
Day care, adult
Day care, children
Dental lab
Detective/investigative agency
Diet/weight control center
Educational establishment (trade, technical)
Electrical contractor
Engineer firm/corporation
Funeral home
General contractor
Supp. No. 15 1165
§ 20-59 ATLANTIC BEACH CODE
Hearing aid center
Insurance agency
Land surveyor business
Landscape architect fitm/corporation
Loan company
Massage establishment
Mechanical contractor
Medical office
Miscellaneous, other than listed
Nursing home
Optometry office
Pharmacy
Plumbing/septic tank contractor
Pool/hot tub/spa contractor
Real estate agency
Real estate appraiser
Residential contractor
Roofing contractor
Sheet metal contractor
Solar energy contractor
Title company
Underground utilities contractor
Veterinary establishment
Banks, national or state savings and loan $250.00
Insurance company (Transacting any class of insurance within the municipal
limits of the city, whether or not maintaining a place of business within
the municipal boundaries) 150.00
In addition to the license for the professional establishment (physical facility), each pro-
fessional engaged in such practice or profession shall pay a license tax as indicated. This
classification of license tax shall consist of, but shall not be limited to, the following:
Accountant $90.00
Acupuncturist 30.00
Architect 90.00
Supp. No. 15 1166
TAXATION § 20-59
Attorney 90.00
Auctioneer 90.00
Barber 30.00
Beautician 30.00
Chiropractor 90.00
Cosmetologist 30.00
Dental hygienist 30.00
Dental radiographer 30.00
Dentist 90.00
Detective/investigator 30.00
Dietician 30.00
Engineer 90.00
Funeral director/embalmer 90.00
Hearing specialist 90.00
Insurance agent 90.00
Land surveyor 90.00
Landscape architect 90.00
Marriage or family counselor 90.00
Massage therapist 30.00
Mental health counselor 90.00
Miscellaneous, other than listed 30.00
Mortgage broker 90.00
Nail specialist 30.00
Naturopath 90.00
Nursing home administrator 90.00
Occupational therapist 90.00
Optician 90.00
Optometrist 90.00
Pharmacist (pursuant to F.S. 205.196) Exempt
Physical therapist 90.00
Physician 90.00
Podiatrist 90.00
Supp. No. 15 1167
§ 20-59 ATLANTIC BEACH CODE
Professional, other than listed 90.00
Psychologist 90.00
Real estate broker 30.00
Real estate sales agent 30.00
Respiratory care practitioner/therapist 90.00
Stocks/bonds broker 90.00
Veterinarian 90.00
RETAIL ESTABLISHMENTS:
The license fee for retail establishments shall be assessed at the following rates:
0 to 1,500 square feet $45.00
1,501 to 5,000 square feet 75.00
5,001 to 15,000 square feet 150.00
15,001 square feet and over 250.00
Antiques
Appliance sales
Art gallery/dealer
Art framing/arts and crafts
Auto, new/used
Auto parts/supplies
Bakery
Beauty supply
Bicycles
Boat, new/used
Bookstores/stationers
Building supplies
Butcher/meat market
Cabinet/carpentry shop
Candy/popcorn
Ceramics
Clothing
Collectibles
Computer, hardware/software
Supp. No. 15 1168
TAXATION § 20-59
Convenience store
Cosmetics
Decorator sales
Delicatessen
Department/variety store
Electronic equipment/radio/television
Fabric shop
Fish/seafood market
Fish, tropical/aquarium
Fishing supplies (bait and tackle)
Floor coverings: Carpet, tile, etc.
Florist, cut flowers, plants, etc.
Furniture sales
Garden center/nursery
Gas, LP dealers
Gifts/greeting cards
Glass: Auto, plate, window, mirror
Grocery store
Guns/firearms dealer
Hardware store
Health food store
Ice cream parlor
Ice cream vendor (mobile)
Jewelers
Liquor store (not for consumption on premises)
Lumberyard/sales
Mail order/catalog sales
Marine equipment/supplies
Miscellaneous sales, other than listed
Mobile home/RV dealer
Motion picture theater/establishment
Motorcycle sales, new/used
Supp. No. 15 1169
§ 20-59 ATLANTIC BEACH CODE
Music shop
Office equipment/supplies
Optical devices/equipment sales
Pawnshop
Pet shop, sales/supplies
Photographic equipment/supplies
Plumbing fixtures/supplies
Records/tapes/CD/video sales
Secondhand/thrift stores
Shoe sales
Sporting goods
Tobacco products
Toy store
Trophy/award sales
Wall covering/window treatment
Water companies, bottled or bulk
SERVICE ESTABLISHMENTS:
The license fee for service establishments shall be assessed at the following rates:
0 to 1,500 square feet $45.00
1,501 to 5,000 square feet 75.00
5,001 to 15,000 square feet 150.00
15,001 square feet and over 250.00
Advertising agency, firm or corporation engaged in creation, production or sale of media
intended to promote or advertise
Advertising, billboards, highway and wall signs (covering fabrication, erection and/or
maintenance of any type sign which is located on private property, exclusive of neon,
which is covered under general license)
Advertising, outdoor (general license covering all phases of advertising, as defined in F.S.
chapter 479, relating to outdoor advertisers and including erecting, servicing and
maintaining of electrical and neon signs)
Animal grooming/kennel
Apartment building/complex (based on total square footage)
Appliance service/repair
Supp. No. 15 1170
TAXATION § 20-59
Auto:
Car wash (requires commission approval)
Customizing/detailing
Machine shop/welding
Oil change
Paint and body shop
Rental/U-drive
Road service/towing
Service/repair
Service station (the number of pumps shall be calculated either individually or by
island as numbered by the service station):
1 to 4 pumps $45.00
5 to 9 pumps 75.00
10 to 12 pumps 100.00
Over 12 pumps 250.00
Stereo/accessories installation
Storage
Tire dealer
Bar/lounge/tavern:
With 1 COP license, add $50.00
With 2 COP license, add 100.00
With 4 COP license, add 200.00
With lounge and/or micro brewery, add 250.00
Boat repair
Bookkeeping
Bowling alleys
Building inspection
Carpentry
Carpet cleaners
Catering
Cement/stone/brick
Cemetery
Cleaning/janitorial/maid service
Supp. No. 15 1171
§ 20-59 ATLANTIC BEACH CODE
Consultant, not otherwise classified
Country club:
With 1 COP license, add $50.00
With 2 COP license, add 100.00
With 4 COP license, add 200.00
With lounge and/or micro brewery, add 250.00
Dance hall:
With 1 COP license, add $50.00
With 2 COP license, add 100.00
With 4 COP license, add 200.00
With lounge and/or micro brewery, add 250.00
Delivery/messenger service
Decorator/interior design
Dredging/excavation contractor
Drywall installation
Employment agency
Environmental services/consultant
Fences, metal/wood contractor
Financial consultant
Fortune teller, clairvoyant, psychic, palmist, spirit medium, etc.
Foundation contractor
Fuel oil service
Furniture repair/upholstery
Glass tinting/coating
Hotel/motel/roominghouses:
With 1 COP license, add $50.00
With 2 COP license, add 100.00
With 4 COP license, add 200.00
With lounge and/or micro brewery, add 250.00
Instructional establishment:
Arts/crafts
Computer/secretarial
Dance/music/fine arts
Supp. No. 15 1172
TAXATION § 20-59
Karate/martial arts
Insulation contractor
Irrigation contractor
Junk/salvage yard
Land development company
Landscaping/lot clearing
Laundromat, self-service
Laundry/dry cleaner
Lawn/yard service
Linen service
Locksmith
Machine repair/fabrication/welding
Management company (managing the property or business of another person, firm or
corporation)
Manufacturer's agent/representative
Marine construction (docks, etc.)
Masonry/ceramic tile
Minor contractor (miscellaneous odd jobs/repair)
Miscellaneous service establishment, other than listed
Mobile home parks
Motorcycle repair
Moving/storage company
Newspaper, branch office/publishing
Office equipment maintenance
Packing/shipping/mail service
Painting/paper hanging
Pest control/exterminator
Photo processing service
Photographer
Piano tuner
Pool service/maintenance
Printer/print shop
Supp. No. 15 1173
§ 20-59 ATLANTIC BEACH CODE
Process server
Radio station/broadcasting company
Radio/television/VCR repair
Recycling company
Rentals:
Bicycles
Equipment
Furniture/appliances
Videotapes, etc.
Other
Restaurants (This classification also includes snack bars and take-out only service):
With 1 COP license, add $50.00
With 2 COP license, add 100.00
With 4 COP license, add 200.00
With lounge and/or micro brewery, add 250.00
Screen printing
Secretarial service/data processing
Security systems installation
Security systems monitoring service
Sepia: tank cleaning
Shoe repair
Sign builders/painters
Signs, electric/neon
Small engine repair
Solicitation, door-to-door (unless exempted by chapter 18 of the City Code or F.S. chapter
496), plus $15.00 to cover the cost of investigation pursuant to section 18-18 of the
City Code
Sprinkler systems (fire)
Storage/mini warehouses
Tailor/dressmaker
Tanning salon
Telegraph service
Telemarketing
Supp. No. 15 1174
TAXATION § 20-59
Telephone answering service
Trailer park/tourist camp
Travel agency
Tree service/tree surgeon
Water softening/conditioning
Well digger
Window installation/service
Other service establishments:
Telephone company, subject to franchise:
First 1,000 phones for instruments or fraction thereof, per phone or
instrument operated or installed
Second 1,000 phones or instruments or fraction thereof over 1,000, per
phone or instrument operated or installed
All over 2,000 phones or instruments, per phone or instrument operated
or installed
$.075
.06
.045
Transportation: In addition to the license for the business establishment (physical facil-
ity), each individual engaged in transportation shall pay a license fee for each vehicle
involved in the business, as follows:
Limousine $25.00
Taxicab 25.00
Towing/wrecker service 25.00
Trucking 25.00
Vending machines: The licensing of vending machines shall be the responsibility of the
business where the vending machines are located and shall be in addition to other
license(s) required for the business. Vending machines shall mean any amusement/
game machine, pool/billiard table, electronic music machine, and any machine which
dispenses a product.
0 to 3 machines $25.00
4 to 10 machines 50.00
11 to 19 machines 100.00
20 or more machines (arcade) 250.00
Commission approval will be required before occupational licenses will be issued for the
following businesses, and license fees shall be as follows:
Day labor employment service $5,000.00
Escort service 25,000.00
Supp. No. 15 1175
§ 20-59 ATLANTIC BEACH CODE
Lingerie modeling shop 25,000.00
900 telephone service or equivalent 25,000.00
Sexually oriented live entertainment 25,000.00
Tattoo artist 5,000.00
Teen club 5,000.00
(Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; OrdNo. 45-86-7,
§ 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10,
1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94)
Secs. 20-60-20-75. Reserved.
ARTICLE IV. INSURANCE PREMIUM TAXES
Sec. 20-76. Casualty risks.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on
the business or insuring with respect to casualty risks, as shown by the records of the insur-
ance commissioner of the state, an excise or license tax in addition to any license tax or excise
tax now levied by the city, which tax shall be in the amount of one (1) percent of the gross
amount of receipts of premiums for policyholders on all premiums collected on casualty insur-
ance policies, covering property within the corporate limits of the city.
(Ord. No. 45-80-4, 9-8-80)
State law reference—Authority for this section, F.S. § 185.08.
Sec. 20-77. Property insurance.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on
the business of property insurance, as shown by the records of the insurance commissioner of
the state, an excise or license tax in addition to any license tax or excise tax now levied by the
city, which tax shall be in the amount of two (2) percent of the gross amount or receipts of
premiums from policyholders on all premiums collected on property insurance policies cover-
ing property within the corporate limits of the city.
(Ord. No. 45-80A, 9-8-80)
State law reference—Authority for this section, F.S. § 175.101.
Sec. 20-78. Payment date.
The license or excise taxes levied in section 20-76 or 20-77 shall be due and payable
annually on the first day of March of each year.
(Ord. No. 45-80-4, 9-8-80)
[The next page is 1221]
Supp. No. 15 1176
Art.
Art.
Art.
I.
II.
III.
Chapter 22
UTILITIES*
In General, §§ 22-1---22-13
Waterworks System, §§ 22-14-22-55
Wastewater System, §§ 22-56-22-300
Div. 1. Generally, §§ 22-56-22-70
Div. 2. Use of Public Sewers Required, §§ 22-71-22-85
Div. 3. Private Wastewater Disposal, §§ 22-86-22-100
Div. 4. Building Sewers and Connections, §§ 22-101-22-125
Div. 5. Use of Public Sewers, §§ 22-126-22-150
Div. 6. Powers and Authority of Inspectors, §§ 22-151-22-165
Div. 7. Sewer User Rates and Charges, §§ 22-166-22-190
Div. 8. Sewer System Extensions, §§ 22-191-22-300
Art. IV. Stormwater Management, §§ 22-301-22-337
Div. 1. Generally, §§ 22-301-22-330
Div. 2. Rates and Charges, §§ 22-331-22-337
ARTICLE I. IN GENERAL
Sec. 22-1. Combined sewer and water systems.
The sewer systems of the Atlantic Beach, Oak Harbor, and Buccaneer plants are hereby
combined for financial reporting purposes only, and such combined systems shall hereafter be
known as the Atlantic Beach Sewer System. Likewise, the water systems of the Atlantic Beach,
Oak Harbor, and Buccaneer plants are hereby combined for financial reporting purposes only,
and such combined systems shall hereafter be known as the Atlantic Beach Water System. All
systems shall continue to meet any and all bond covenants, restrictions, and other applicable
laws.
(Ord. No. 80-93-52, § 1, 9-27-93)
Sec. 22-2. Return investment policy for Buccaneer plant.
The additional rates charged by the Buccaneer systems to customers outside the city
pursuant to section 22-27(2) for water and section 22-167(b) for sewer shall be considered a
return on investment, and such return on investment shall be contributed to the general fund
of the city on an annual basis.
(Ord. No. 80-93-52, § 1, 9-27-93)
*Cross references—Administration, Ch. 2; buildings and building regulations, Ch 6;
mobile homes and recreational vehicles, Ch. 10; planning/zoning/appeals, Ch. 14; refuse and
garbage, Ch. 16; signs, posters, etc., prohibited on sidewalks, utility poles, etc., § 17-8; streets,
sidewalks and other public places, Ch. 19; public service tax, § 20-10 et seq.; zoning regulation
for utility structures, § 24-170.
State law references—Water and sewer systems, F.S. ch. 367; supervision and control of
systems of water supply, sewerage, refuse and sewage treatment by the department of health
and rehabilitative services, F.S. § 381.261.
Supp. No. 15 1277
§ 22-3 ATLANTIC BEACH CODE
Secs. 22-3-22-13. Reserved.
ARTICLE II. WATERWORKS SYSTEM*
Sec. 22-14. Application for water service.
It shall be unlawful for any person to use city water without first making application in
writing to the city for service at least forty-eight (48) hours before the service is desired and
paying all charges incident to the application. The applications shall be made on forms fur-
nished by the city and shall constitute an agreement by the consumer with the city to abide by
the rules of the city in regard to its service of water. Applications for service requested by firms,
partnerships, associations and corporations shall be tendered only by their duly authorized
agents, and the official title of the agent shall be shown on the application.
(Code 1970, § 27-1; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-15. Tapping of mains, etc., restricted to city employees.
No person shall tap the city water mains or make any other connection to pipes on the
supply side of any meter except those persons duly employed by the city for such purposes.
(Code 1970, § 27-2; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-16. Connection charges; initial payment of minimum water rental.
(a) Upon the application of the owner or consumer for water service, the connection
charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor.
Connection charges will be established by the city commission from time to time.
(b) The minimum water rental for the period from the date of installation to the following
minimum water billing date shall be collected at the time payment is made for the connection
charge.
(c) For the purposes of this subsection and subsection (d) of this section, fixture units are
established as the measurement of water demand for each water fixture installed and con-
nected to the city water system. Fixture units are assigned by the city plumbing code. The
water supply charge is hereby fixed at twenty dollars ($20.00) per fixture unit connected to the
city water system after enactment of this subsection and subsection (d) of this section.
(d) The director of finance is directed to receive the connection charge and cause same to
be invested in interest-bearing securities that are most advantageous to the city's interest. The
securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used
solely for capital improvements to the water plant and supply system.
(e) Payment of connection fees and impact fees shall be due and payable prior to the
issuance of a building permit. For new and existing buildings or structures, the city manager
may allow payment of fees on an extended payment plan for up to fifteen (15) years or the
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 15 1278
UTILITIES § 22-17
remaining life of an existing mortgage, whichever is less, if the owner has demonstrated to the
satisfaction of the city manager that the lump sum payment will constitute a hardship to the
applicant. A lien for the amount due shall be executed in recordable form reflecting the pay-
ment schedule, and recorded at the applicant's expense. Upon all payments being made in full,
the lien shall be released of record.
(Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88; Ord. No. 80-92-48, § 1, 7-27-92; Ord. No.
80-92-51, § 1, 11-23-92)
Sec. 22-17. Temporary service.
Temporary service, such as service for circuses, fairs, carnivals, construction work and the
like, shall be provided upon written application accompanied by a deposit sufficient to cover
the city's estimate of the proper charge for water to be consumed, materials, labor and other
expense incurred by the city in providing the service. Upon termination of this service, any
balance of the deposit shall be refunded to the consumer.
(Code 1970, § 27-4; Ord. No. 80-92-51, § 1, 11-23-92)
Supp. No. 15 1278.1
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
80-93-52 9-27-93 1 22-1, 22-2
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
5-94-25 1-24-94 1 2-226
45-94-11 6-27-94 1 20-51
2 20-59
60-94-8 7-25-94 1 Added 17-1
Rnbd 17-1
As 17-1.1
95-94-61 9-12-94 1 18-1-18-9
[The next page is 2043]
Supp. No. 15 1997
STATUTORY REFERENCE TABLE
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related mat-
ters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 Char., § 57
13-201 Ch. 9(note) Char., § 59
23.011 Ch. 14(note) 21-302(9)
60.05 2-168, 2-169 Ch. 166, Pt. II Char., § 45
Ch. 12(note) Char., § 60
Ch. 98 Char., § 38 166.031 Char., § 79
98.211 Char., § 53 166.041 Char., § 18
100.181 Char., § 41 24-4
100.361 Char., § 56 166.101 Ch. 2, Art. VII
Ch. 101 Char., § 42 (note)
Ch. 112, Pt. III Char., § 66 166.201 Ch. 2, Art. VII
112.061 Ch. 2, Art. VII, (note)
Div. 3(note) Ch. 20(note)
112.65 2-285 166.231 Ch. 20, Art. II
112.311 Ch. 2, Art. II (note)
(note) 166.241 2-311
Ch. 119 Char., § 65 166.0425 Ch. 17(note)
Ch. 2(note) Ch. 170 Ch. 19(note)
Ch. 161 Ch. 5(note) Ch. 175 2-272
161.041 6-20(b)(3) 175.101 20-77
161.053 6-20(b)(3) Ch. 177 24-205
6-21(e), (r) 177.27(15) 6-21(j)
Ch. 162 Ch. 2, Art. V, 177.011 Ch. 24, Art. IV
Div. 2(note) (note)
162.02 2-146 177.041 24-205
162.05 2-141, 2-142 177.091 24-256
162.05(4) 2-145 Ch. 180 Ch. 19(note)
162.07 2-143, 2-144 Ch. 185 2-272
162.08 2-148 185.08 20-76
162.09 2-149 Ch. 192 Ch. 20(note)
162.10 2-150 193.116 Char., § 58
162.11 2-151 Ch. 205 Char., § 58
Ch. 163 Char., § 59 Ch. 20, Art. III
14-1(a) (note)
21-302(15) 205.022 20-51
163.3161 Ch. 14(note) 205.042 20-52
Ch. 24(note) 205.043(2) 20-57
163.3174 14-22 205.043(3) 20-57
163.3178 6-27 205.053 20-54
Ch. 166 Charter(note) 205.053(1) 20-53
Char., § 4 205.063 20-58
Supp. No. 15 2053
ATLANTIC BEACH CODE
F.S. Section F.S. Section
Section this Code Section this Code
205.196 20-59 Ch. 514 Ch. 6, Art. VI
Ch. 218 Ch. 2, Art. VII (note)
(note) Ch. 552 Ch. 7(note)
218.33 2-311 Ch. 553 Ch. 6(note)
253.12 Ch. 5(note) 6-21(p)
286.011 Char., § 14 553.01 Ch. 6, Art. IV(note)
Ch. 2(note) 553.15 Ch. 6, Art. III(note)
309.01 Ch. 5(note) 553.70 Ch. 6, Art. II(note)
Ch. 316 Ch. 21(note) Chs. 561-568 3-1
21-1 561.01 Ch. 3(note)
316.008 Ch. 21(note) 562.14(1) 3-2
562.45(2) 3-2
316.008(1)(a) Ch. 21, Art. II 3-4-3-6
(note) 590.12 Ch. 7(note)
316.195 Ch. 21, Art. II Ch. 633 Ch. 7(note)
(note) 633.35 2-263
21-16 633.121 Ch. 7(note)
316.1945 Ch. 21(note) Ch. 650 Ch. 2, Art. VI,
21-17 Div. 2(note)
316.2045 19-1 2-241
320.823 6-23 650.02 2-241
Ch. 327 Ch. 5(note) 650.05 Ch. 2, Art. VI,
335.075 Ch. 19(note) Div. 2(note)
Ch. 367 Ch. 22(note) Ch. 705 Ch. 15,
Ch. 369 Ch. 5(note) Art. II(note)
Ch. 372 Ch. 4(note) 21-24
Ch. 373 Ch. 8(note) 705.16 Ch. 2,
381.Od i(i)(g)1 4-29 Art. 11(note)
381.031(g)3 Ch. 6, Art. VI Ch. 760 Ch. 9(note)
(note) 760.20 Ch. 9,
381.261 Ch. 22(note) Art. II(note)
Ch. 386 Ch. 12(note) 760.22 9-16
403.0893 21-302(9), (10) 760.23 9-17
403.413 5-4 760.24 9-18
16-7 760.25 9-22
403.415 Ch. 11(note) 760.29 9-23
413.08 Ch. 3, Art. II(note) 760.37 9-24
Ch. 469 Ch. 6, Art. IV Ch. 767 Ch. 3,
(note) Art. II(note)
Ch. 479 Ch. 17(note) 4-26
20-59 768.28 2-1(b)(1)
Ch. 489 Ch. 6(note) Ch. 790 15-22(g)(3)
Ch. 496 18-4(g)(6) 790.15 13-3
20-59 Ch. 791 Ch. 7(note)
496.01 Ch. 18(note) 806.13 6-111
Ch. 513 Ch. 10(note) 22-57
513.01 10-1 Ch. 823 Ch. 12(note)
Supp. No. 15 2054
STATUTORY REFERENCE TABLE
F.S. Section
Section this Code
Ch. 828 4-5
876.05 Char., § 68
893.03 13-4
13-5
893.138 2-161
893.147 13-5
932.701 Ch. 15,
Art. II(note)
943.14 2-263
943.22 2-262
943.25(8)(a) 15-1
[The next page is 2081]
Supp. No. 15 2055
CODE INDEX
Section
SALES—Cont'd.
Confiscated or lost property, disposition of
Sale of property 15-16 et seq.
See: POLICE DEPARTMENT
Drug paraphernalia, sale of 13-5
Fair housing, discrimination in sales 9-17 et seq.
See: FAIR HOUSING
Noise provisions
Crying or calling out sale of goods at auctions, etc 11-2
Loudspeaker equipment for advertising or sales purposes 11-8
Standing or parking vehicle for purpose of displaying it for
21-21
sale
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
SECURITY BUILDINGS
Zoning regulations
SEPTIC TANKS
Constructing
SERVICE STATIONS
Zoning regulations
3-6
11-10
6-58
24-158
22-73
24-165
SETBACKS
Mobile home parks and recreational vehicle parks 10 2(3)
Setback requirements
Signs and advertising structures
Setback requirements 17-12
Subdivisions
Design and construction standards 24 255(f)
Building setback lines
Zoning regulations 24 164(2)
Swimming pools, setbacks
SEVERABILITY OF PARTS OF CODE
Provisions re 1-8
SEWERS AND SEWAGE DISPOSAL
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
Supp. No. 15 2143
ATLANTIC BEACH CODE
Section
SEXUAL DISCRIMINATION
Fair housing 9-16 et seq.
See: FMR 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 1-2
SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
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, etc., prohibited on 17-8
Electric code, compliance with 17-12
Electrical conductors, proximity to 17-15
Electrical permits 17-12
Electrical wiring, installation of 17-13
Electricity, static 17-14
Exemptions
Certain signs exempted from operation of provisions 17-1.1
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
Intent 17-1
Maintenance generally; removal of damaged signs 17-7
Maintenance of signs on state highway rights-of-way 17-35
Supp. No. 15 2144
CODE INDEX
Section
TREES AND SHRUBBERY—Cont'd.
Inspections
Generally 23-22
Tree inspection reports 23-21
Jurisdictional zones 23-19
Maintenance of trees 23-24
Permits
Applications 23-18
Removal of trees 23-23
Tree conservation board 23-17
Tree protection practices which shall be adhered to 23-20
Violations and penalties 23-27
Waterworks system
Water shortages; irrigation of ornamentals, ferns, foliage,
etc 22-39
Zoning regulations
Tree removal or damage 24-169
TRUCKS
Weight requirements 21-22
TRUSTS
Definition of "person" to include trusts 1-2
U
UNDERGROUND UTILITIES
Subdivisions
Required improvements 24-221
Zoning regulations
Planned unit development (PUD) 24-136(d)
UNDERGROUND WIRING
Mobile home parks and recreational vehicle parks 10-2(4)
UTILITIES
Generally
Combined sewer and water systems 22-1
Return investment policy for Buccaneer plant 22-2
Public service tax 20-16 et seq.
See: TAXATION
Stormwater management 22-301 et seq.
See: STORMWATER MANAGEMENT
Streets, sidewalks and public places
Digging up streets, exceptions as to public utilities 19-2
Permit required of public utilities 19-2
Subdivision regulations
Design and construction standards, easements 24-253
Underground utilities, required improvements 24-221
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
Supp. No. 15 2157
ATLANTIC BEACH CODE
UTILITIES—Cont'd. Section
Waterworks system 22-14 et seq.
See: WATERWORKS SYSTEM
Zoning regulations 24-136 et seq.
See: ZONING
V
VACANT HOUSES
Water service
Liability of consumer for charges
Allowance made for vacant houses
22-23
VACANT LOTS
Depositing garbage, trash, etc., on 16-7
Dogs and cats running at large 4-24
VACANT PRIVATE PROPERTY
Loitering on, etc. 13-2
VEGETATION
Collection and disposal (solid waste)
Garden trash, compost piles 16-7
Leaves and grass clippings, etc 16-5
Gardens. See that subject
Subdivisions
Design and construction standards
Use of natural features ...............:..... . . . ... . 24.251(2)
Trees and shrubbery. See that subject
Water shortages
Irrigation of ferns, flowers, ornamentals, etc. 22-39(c)
Irrigation of lawns generally 22-39(b)
Weeds and brush. See that subject
VEHICLES. See: MOTOR VEHICLES AND OTHER VEHI-
CLES
VERMIN
Nuisances
Permitting buildings to become vermin infested 12-1(b)(8)
Abatement of nuisances, etc. See: NUISANCES
VICIOUS DOGS
Provisions re 4-28
VOLLEYBALL COURTS
Zoning regulations
Supp. No. 15 2158
CODE INDEX
Section
VOLLEYBALL COURTS—Cont'd.
Accessory uses by zoning districts 24-151(b)(1)
W
WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES
WAREHOUSES
Zoning regulations
ILW industrial light and warehousing districts 24-112
Miniwarehouses 24-160
Supp. No. 15 2158.1