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AB Code Supplement 18SUPPLEMENT NO. 18 January 1997 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. 5-96-28, adopted November 11, 1996. See the Code Comparative Table for further information. Remove old pages Insert new pages ili iii ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 165-172 165-171 189-190.1 189-190.1 299-304 299-306 353-355 353-355 405-409 407-409 410.5-418 411-418.4 421, 422 421, 422 469, 470 469, 470 1107, 1108 1107, 1108 1233 1233 1277-1283 1275-1283 1997, 1998 1997-1999 2053-2055 2053-2055 2101-2108 2101-2107 2116.1, 2116.2 2116.1, 2116.2 2130.1-2134.2 2131-2134.3 2146.1-2148.1 2147-2148.3 2157-2158.1 2157-2158.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1 -800 -262 -CODE OFFICIALS of the CITY OF ATLANTIC BEACH, FLORIDA AT THE TIME OF THIS CODIFICATION Lyman T. Fletcher Mayor John S. Meserve Tim Reed Steven M. Rosenbloom Suzanne Shaughnessy City Commission Alan C. Jensen City Attorney James R. Jarboe City Manager Maureen King City Clerk Supp. No. 18 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. IV. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 163 Supp. No. 18 ix ATLANTIC BEACH CODE Chapter Page Div. 3. Fire Department 164 Div. 4. Department of Finance 165 Div. 5. Department of Public Works 166 Art. V. Boards and Commissions 167 Div. 1. Generally 167 Div. 2. Code Enforcement Board 167 Div. 3. Nuisance Control Board 170 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 303 5. Beaches and Parks 353 Art. I. In General 353 Art. II. Beach Safety Zone 355 Art. III. Public Parks 355 6. Buildings and Building Regulations 407 Art. I. In General 407 LAG. 11. Building Code 407 Art. III. Electrical Code 413 Art. IV. Plumbing Code 417 Art. V. Mechanical Code 418.1 Art. VI. Swimming Pool Code 418.3 Art. VII. Numbering of Buildings 419 Art. VIII. Housing Code 421 Art. IX. Gas Code 421 Art. X. Amusement Device Code 422 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 Supp. No. 18 X TABLE OF CONTENTS—Cont'd. Chapter Page 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 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 Art. I. In General Art. II. Community Development Board 839 839 839 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property891 16. Solid Waste and Recycling 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 1275 Art. I. In General 1275 Art. II. Waterworks System 1276 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1287 Div. 4. Building Sewers and Connections 1288.1 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1294.1 Div. 8. Sewer System Extensions 1299 Supp. No. 18 xi ATLANTIC BEACH CODE Chapter Page Art. IV. Stormwater Management Div. 1. Generally Div. 2. Rates and Charges 1301 1301 1305 23. Vegetation 1351 Art. I. In General 1351 Art. II. Tree Protection 1351 Art. III. Accumulation of Weeds 1362 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 Div. 8. Landscaping 1464 Art. IV. Subdivision Regulations 1466.5 Div. 1. Generally 1466.5 Div. 2. Application Procedure 1466.7 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. 18 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 171 18 iii 18 172.1, 172.2 15 v, vi OC 173, 174 11 vii, viii 1 174.1, 174.2 11 ix, x 18 175, 176 6 xi, xii 18 177, 178 14 1, 2 14 179, 180 14 3, 4 14 181, 182 17 5, 6 14 182.1 17 7, 8 14 183, 184 8 9, 10 14 184.1, 184.2 8 11, 12 14 185, 186 12 13, 14 14 186.1, 186.2 17 15, 16 14 187 17 17, 18 14 188.1, 188.2 13 19, 20 14 189, 190 18 21, 22 14 190.1 18 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 16 155, 156 12 299, 300 18 157 12 301, 302 18 159, 160 8 303, 304 18 161, 162 14 305, 306 18 163, 164 17 353, 354 18 165, 166 18 355 18 167, 168 18 407, 408 18 169, 170 18 409 18 Supp. No. 18 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 410.1, 410.2 5 1107, 1108 18 410.3, 410.4 5 1157, 1158 OC 411, 412 18 1159, 1160 2 413, 414 18 1161, 1162 15 415, 416 18 1163, 1164 15 417, 418 18 1165, 1166 15 418.1, 418.2 18 1167, 1168 15 418.3, 418.4 18 1169, 1170 15 419, 420 13 1171, 1172 15 421, 422 18 1173, 1174 15 469, 470 18 1175, 1176 15 521, 522 6 1221, 1222 12 523, 524 6 1223, 1224 12 525, 526 6 1225, 1226 12 527, 528 6 1227, 1228 12 529, 530 6 1229, 1230 12 531, 532 6 1231, 1232 12 533, 534 6 1233 18 535 6 1275, 1276 18 577, 578 OC 1277, 1278 18 579, 580 OC 1279, 1280 18 581 OC 1281, 1282 18 631, 632 OC 1283 18 683, 684 OC 1284.1, 1284.2 13 685 OC 1284.3, 1284.4 13 735, 736 10 1284.5 13 737 10 1285, 1286 OC 787, 788 8 1287, 1288 16 789, 790 8 1288.1 1.6 791, 792 12 1289, 1290 OC 793 12 1291, 1292 OC 839, 840 11 1293, 1294 OC 841, 842 5 1294.1, 1294.2 16 843 5 1295, 1296 16 891, 892 12 1297 17 893 12 1298.1, 1298.2 3 943, 944 16 1299, 1300 OC 945, 946 16 1301, 1302 11 947, 948 16 1303, 1304 11 949 16 1305, 1306 11 995, 996 15 1307, 1308 11 997 15 1351, 1352 17 999, 1000 OC 1353, 1354 17 1001, 1002 OC 1355, 1356 17 1003, 1004 OC 1357, 1358 17 1005 OC 1359, 1360 17 1055, 1056 15 1361, 1362 17 1057, 1058 15 1363 17 1059 15 1403, 1404 17 Supp. No. 18 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1405, 1406 3 1483 OC 1407, 1408 OC 1983, 1984 OC 1409, 1410 12 1985 OC 1411, 1412 12 1987, 1988 OC 1412.1 12 1989, 1990 OC 1413, 1414 5 1991, 1992 2 1415, 1416 5 1993, 1994 6 1417, 1418 10 1995, 1996 13 1419, 1420 12 1997, 1998 18 1421, 1422 5 1999 18 1423, 1424 5 2043 OC 1425, 1426 5 2053, 2054 18 1427, 1428 5 2055 18 1429, 1430 11 2081, 2082 14 1431, 1432 11 2083, 2084 14 1432.1 11 2085, 2086 14 1433, 1434 6 2087, 2088 14 1435, 1436 5 2101, 2102 18 1437, 1438 6 2103, 2104 18 1438.1 6 2105, 2106 18 1439, 1440 5 2107 18 1441, 1442 7 2109, 2110 17 1443, 1444 7 2111, 2112 17 1444.1 7 2113, 2114 17 1445, 1446 5 2115, 2116 17 1446.1, 1446.2 5 2116.1, 2116.2 18 1447, 1448 OC 2117, 2118 13 1449, 1450 5 2119, 2120 16 1451, 1452 OC 2120.1 16 1453, 1454 4 2121, 2122 14 1455, 1456 8 2123, 2124 16 1457, 1458 9 2124.1, 2124.2 16 1458.1 9 2125, 2126 9 1459, 1460 6 2127, 2128 17 1461, 1462 6 2128.1 17 1463, 1464 17 2129, 2130 16 1465, 1466 17 2131, 2132 18 1466.1, 1466.2 17 2133, 2134 18 1466.3, 1466.4 17 2134.1, 2134.2 18 1466.5, 1466.6 17 2134.3 18 1466.7 17 2135, 2136 16 1467, 1468 OC 2136.1 16 1469, 1470 OC 2137, 2138 14 1471, 1472 OC 2139, 2140 17 1473, 1474 OC 2141, 2142 14 1475, 1476 3 2143, 2144 15 1477, 1478 OC 2145, 2146 14 1479, 1480 OC 2147, 2148 18 1481, 1482 OC 2148.1, 2148.2 18 Supp. No. 18 [3] ATLANTIC BEACH CODE Page No. Supp. No. 2148.3 18 2149, 2150 OC 2151, 2152 17 2153, 2154 17 2155, 2156 17 2157, 2158 18 2158.1 18 2159, 2160 13 2161, 2162 16 2162.1, 2162.2 16 2163, 2164 6 2165, 2166 17 2166.1 17 2167, 2168 OC 2169, 2170 5 2171, 2172 5 Supp. No. 18 [4] ADMINISTRATION § 2-75 (5) Perform such other duties as may be assigned by the director of public safety. (Ord. No. 57-78-7, § H, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 57-93-19, § 1, 2-8-93) Secs. 2-64-2-70. Reserved. DIVISION 4. DEPARTMENT OF FINANCE* Sec. 2-71. Appointment of director of finance. The city manager may, at his discretion, appoint a director of finance and other employees as may be required to administer the financial affairs of the city. (Ord. No. 5-81-7, § 2, 1-11-82) Sec. 2-72. Created. The department of finance is hereby created. The department shall be an administrative department of the city. (Ord. No. 5-81-7, § 1, 2, 1-11-82) Sec. 2-73. Investment of .funds; policy. The director of finance shall invest funds of the city which are not required for immediate disbursement. Such investment must be in accordance with the most recent investment policy as adopted by resolution of the city commission. (Ord. No. 5-81-7, § 5, 1-11-82; Ord. No. 35-95-9, § 1, 9-25-95) Sec. 2-74. Finance director --Duties generally. The finance director shall be responsible for the preaudit of all purchase orders, receipts, and disbursements, prepare payrolls, prepare and issue all checks, maintain and supervise cost accounts, prepare all invoices, and maintain inventory records of all municipal property. (Ord. No. 5-81-7, § 6, 1-11-82) Sec. 2-75. Same—Financial information. The director of finance shall be responsible for the rendering of an account to the city commission showing the financial condition of the city at the date of such account, and to prepare and present other such financial information as may be required by the city commission. (Ord. No. 5-81-7, § 7, 1-11-82) *Cross reference—Finance generally, § 2-311 et seq. Supp. No. 18 165 § 2-76 ATLANTIC BEACH CODE Sec. 2-76. Same—Assisting in preparation of budget; accepting other responsibili- ties. The director of finance shall assist the city manager in the preparation of the annual budget and shall perform other duties and accept other responsibilities as may be assigned by the city manager. (Ord. No. 5-81-7, § 8, 1-11-82) Sec. 2-77. Functions. Accounting, finance and treasury functions of the city shall be combined in a single finance department. The city manager shall be responsible for the department and he shall perform the duties of each function in the absence of a director of finance. (Ord. No. 5-81-7, § 3, 1-11-82) Sec. 2-78. Duties. The department of finance shall have the following duties; the custodian of all monies of the city; receive all monies belonging to the city; and to disburse same; keep proper books in such a manner that they may be readily understood and audited. Such books shall contain a separate account of each fund or appropriation, and debits and credits thereto belonging, and in general an accurate accounting of all monies received, from whom received, and to whom disbursed, into what account received and disbursed. The accounting shall be consistent with the uniform accounting system, local units of government, state, and generally accepted accounting principles and practices. (Ord. No. 5-81-7, § 4, 1-11-82) DIVISION 5. DEPARTMENT OF PUBLIC WORKS Sec. 2-79. Created. There is hereby created and established a department of public works. The department shall be an administrative department of the city responsible to the city manager. (Ord. No. 5-86-14, § 1, 1-27-86) Sec. 2-80. Director of Public Services—Appointment, compensation. The director of public services shall be the head of the department of public works and his appointment or removal shall be authorized by the city manager. The director of public services shall receive such compensation as determined by the city commission. (Ord. No. 5-86-14, § 1, 1-27-86) Sec. 2-81. Same -Duties. The director of public services, under the direction of the city manager, shall be responsible for the supervision of the maintenance of street, sanitation, water and sewer facilities including lift stations and treatment plants, drainage facilities, recreation, the maintenance of public buildings and grounds and project utility inspections. (Ord. No. 5-86-14, § 1, 1-27-86) Supp. No. 18 166 ADMINISTRATION § 2-141 Sec. 2-82. Divisions; appointment, compensation of chiefs. Within the department of public works there may be three (3) divisions: (1) A streets, drainage, sanitation and recreation division; (2) A water and sewer treatment plants division, which includes lift stations; (3) A water distribution and sewage collection system division. Each division may be headed by a division chief whose appointment or removal shall be authorized by the director of public services, subject to the approval of the city manager. The compensation of the division chiefs shall be as approved by the city commission. (Ord. No. 5-86-14, § 1, 1-27-86) Sec. 2-83. Other duties. The department shall perform such other duties as may be assigned by the city manager and the director of the department shall be responsible for keeping the city manager informed of the activities of the department. (Ord. No. 5-86-14, § 1, 1-27-86) Secs. 2-84-2-130. Reserved. ARTICLE V. BOARDS AND COMMISSIONS* DIVISION 1. GENERALLY Secs. 2-131-2-140. Reserved. DIVISION 2. CODE ENFORCEMENT BOARDt Sec. 2-141. Created; membership; terms. (a) There is hereby created a code enforcement board of the city, which shall consist of seven (7) members to be appointed by the mayor and approved by the city commission. All members of the board shall be residents of the city and shall serve without compensation. (b) The membership of the code enforcement board shall, whenever possible, include persons in the following fields: (1) Architect; (2) A businessman; (3) An engineer; *Cross references—Board of trustees for retirement system, § 2-264 et seq.; community development board, § 14-16 et seq. 'State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162. Supp. No. 18 167 § 2-141 ATLANTIC BEACH CODE (4) A general contractor; (5) A Realtor; (6) A subcontractor; (7) A person with zoning and building experience. (c) The initial appointments to the code enforcement board shall be as follows: (1) Two (2) members shall be appointed for a term of one year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. Thereafter, each term shall be for a period of three (3) years. (d) Any member may be reappointed from term to term upon approval of the city commission. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference- Similar provisions, F.S. § 162.05. Sec. 2-142. Removal; filling vacancies. Members of the code enforcement board may be removed from office by the city commission for cause upon written charges and after public hearing. Any member who fails to attend two (2) out of three (3) consecutive meetings without cause and without prior approval of the chairman of the board shall have his office declared vacant, and the city commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and approval of the city commission for the unexpired terms affected. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Similar provisions, F.S. § 162.05. Sec. 2-143. Meetings; election of officers; quorum. . rceme� members of boardshall t�'� the 1115G t-1T1e8Ltrlg of the i.uc�Fc 2r3ft3iccxix�i,t board, the mom... the .�ti�-w- elect a chairman and a vice-chairman to preside in the absence of the chairman. The presence of four (4) or more members shall constitute a quorum necessary to take action. Meetings of the board shall occur no less frequently than once every two (2) months, but the board may meet more often as necessary. (b) Special meetings of the board may be convened by the chairman upon the giving of notice thereof to each other member of the board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty-four (24) hours prior thereto. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.07. Sec. 2-144. Minutes of hearings; clerical and administrative personnel. Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The city commission shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.07. Supp. No. 18 168 ADMINISTRATION § 2-149 Sec. 2-145. City attorney. The city attorney shall either be counsel to the code enforcement board or shall represent the city by presenting cases before the board; but in no case shall the city attorney serve in both capacities. Each case before the board shall be presented by either the city attorney or by a member of the administrative staff of the municipality. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-81-22, § 1, 2-9-81) State law reference—Similar provisions, F.S. § 162.05(4). Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: (1) City of Atlantic Beach Code of Ordinances; (2) Building codes, as adopted by the city; (3) Standard Housing Code, as adopted by the city; (4) State of Florida Health Code; (5) Florida State Statutes; and (6) State, county and local laws and ordinances whose intent is to promote the health, welfare and safety of the citizens of the city. (b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions in subsection (a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. (Ord. No. 95-80-21, § 3, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-96-27, § 1, 3-25-96) State law reference—Intent, F.S. § 162.02. Sec. 2-147. Procedure; hearings. Enforcement procedure and conduct of hearings shall be as set forth in Florida Statutes Sections 162.06 and 162.07. (Ord. No. 95-80-21, § 4, 12-8-80; Ord. No. 5-96-27, § 1, 3-25-96) Sec. 2-148. Powers. The code enforcement board shall have the powers as set forth in Florida Statutes Section 162.08. (Ord. No. 95-80-21, § 5, 12-8-80; Ord. No. 5-96-27, § 1, 3-25-96) Sec. 2-149. Penalties; lien. Penalties and liens shall be as set forth in Florida Statutes Section 162.09. (Ord. No. 95-80-21, § 6, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-96-27, § 1, 3-25-96) Supp. No. 18 169 § 2-150 ATLANTIC BEACH CODE Sec. 2-150. Duration of lien. Duration of liens and foreclosure proceedings shall be as set forth in Florida Statutes Section 162.10. This provision shall apply to all code enforcement board liens whether imposed and/or recorded prior to or subsequent to the enactment of this section. (Ord. No. 5-96-27, § 1, 3-25-96) Sec. 2-151. Appeal. Appeals shall be as set forth in Florida Statutes Section 162.11. (Ord. No. 95-80-21, § 7, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-96-27, § 1, 3-25-96) Secs. 2-152-2-160. Reserved. DIVISION 3. NUISANCE CONTROL BOARD* Sec. 2-161. Created. Pursuant to Florida Statutes Section 893.138, an administrative board to be known as the "Public Nuisance Control Board" is hereby created. The word "board" when used in this ordinance shall be construed to mean the said "Public Nuisance Control Board." (Ord. No. 95-89-40, § 1, 6-12-89) Sec. 2-162. Membership; removal. T, , 1 .st threemembers w h b appointed th (a) The r30aiu 5ilau i.vi�i�� of (3) members who shall c^ ai3pvl..�c,.. by ,,.>e city commission. The terms of office of the members shall be for four (4) years, except that two (2) of the members first appointed shall be designated to serve terms of two (2) and three (3) years respectively from the date of appointment, and one shall be designated to serve for a term of four (4) years from the date of appointment. Vacancies occurring during a term shall be filled by the city commission for the unexpired term. (b) The city commission may remove a board member at any time for inefficiency or neglect of duty or misconduct in office. (c) Prior to any final action on the removal of a board member, however, the city commission shall have a hearing on the proposed removal and shall furnish the board member with a copy of the charges at least ten (10) days before such hearing. The board member shall have the right to be heard in person or by counsel at such hearing. (Ord. No. 95-89-40, § 2, 6-12-89) *Editor's note—Ord. No. 95-89-40, §§ 1-9, adopted June 12, 1989, did not specifically amend the Code; therefore, inclusion as §§ 2-161-2-169 was at the discretion of the editor. Cross reference—Nuisances, Ch. 12. Supp. No. 18 170 ADMINISTRATION § 2-167 Sec. 2-163. Designation of chairman and vice chairman. The city commission shall designate the chairman and vice chairman from among the board members. (Ord. No. 95-89-40, § 3, 6-12-89) Sec. 2-164. Certificate of appointment or reappointment. A certificate of the appointment or reappointment of a board member shall be filed with the city clerk and such certificate shall be conclusive evidence of the due and proper appointment of such board member. Each board member shall hold office until his successor has been appointed and qualified. (Ord. No. 95-89-40, § 4, 6-12-89) Secs. 2-165, 2-166. Reserved. Editor's note—Sections 2-165 and 2-166 concerning the initial board members, their terms, and officers, which derived from § 5 and § 6 of Ord. No. 95-89-40, have not been set out herein since the aforesaid provisions were specific and temporary. Sec. 2-167. Complaints; hearings; declaration of public nuisance. (a) The board shall hear complaints regarding certain nuisances as described herein. Any place or premises which have been used on more than two (2) occasions as the site of the unlawful sale or delivery of controlled substances may be declared to be a public nuisance. (b) Any employee, officer or resident of the city may bring a complaint before the board after giving not less than three (3) days' written notice of such complaint to the owner of the place or premises at his last known address. (c) The board shall conduct a hearing during which the owner of the premises shall have an opportunity to present evidence in his defense. After considering any evidence, including evidence of the general reputation of the place or premises, the board may declare the place or premises to be a public nuisance as described herein. (d) If the board declares a place or premises to be a public nuisance, it may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises; or (3) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. Supp. No. 18 171 ADMINISTRATION § 2-335 notice shall include a brief description of the services or supplies and shall state where bidding information may be secured and the time and place of opening bids. (Ord. No. 5-83-12, § 2, 13-84) Sec. 2-333. Same—Deposits or bonds. Bid deposits or bid bonds shall be required on all public works construction contracts with the dollar amount in excess of twenty-five thousand dollars ($25,000.00) except for mainte- nance contracts. Bid deposits or bid bonds may be required on all other contracts or purchase orders. When bid bonds or bid deposits are required, the requirement shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant to the requirements set forth in the public notice inviting bids. Further a successful bidder may be required to forfeit any surety or bid deposit required by the city upon failure on the bidders part to enter a contract within ten (10) days after the award of a contract or as is otherwise required in the bidding documents. (Ord. No. 5-85-12, § 2, 2-13-84; Ord. No. 5-86-16, § 1, 5-27-86) Sec. 2-334. Same—Opening procedure. Bids shall be submitted sealed to the city manager and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. Tabulation of all bids received shall be available for public inspection and shall be furnished to all bidders upon request. (Ord. No. 5-83-12, § 2, 2-13-84) Sec. 2-335. Same—Award of contract. (a) Lowest responsible bidder. Contract shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the city commission shall consider: (1) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (4) The quality of performance of previous contract or services; (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (7) The quality, availability and adaptability of the supplies or contractual services to the particular use required; Supp. No. 18 189 § 2-335 ATLANTIC BEACH CODE (8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. (b) Tie bids. If all bids received are for the same total amount or unit price, quality and service being equal, then the contract shall be awarded to one of the bidders by drawing lots in public. (c) Performance and labor and material payment bonds The city manager shall require a performance bond and a labor and material payment bond before entering a contract for a public improvement as required by Florida Statutes. (Ord. No. 5-83-12, § 2, 2-13-84) Sec. 2-336. Same—Exceptions. The formal bid procedure as defined in this division is not required in the following cases: (1) When the city commission, by a vote of the majority of those members present, waives a formal bid procedure; (2) When the goods or services to be procured are procurable from only one source, such as contracts for telephone service, electrical energy and other public utility services; books, pamphlets, periodicals, specifically designed business and research equipment and related supplies; (3) Where the services required are for professional, artistic skills or insurance, pursuant to a written contract; (4) In emergencies involving public health, safety or where immediate expenditure is necessary for repairs to city property in order to protect against further loss of or damage to the city property to prevent or minimize serious destruction of city services; (b) Contracts for the maintenance or servicing of equipment which are made with f ie manufacturer or authorized service agent of equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent where such a contract would otherwise be advantageous to the city; (6) When the goods or services are procured from other governmental agencies or their contracts; (7) Purchase and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment. (8) When the goods or services are procured from government -related state-wide or national associations. (Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-96-28, § 1, 11-11-96) Sec. 2-337. Open market procedures. All purchases of supplies and contractual services of less than the estimated value of two thousand five hundred dollars ($2,500.00) may be made in the open market without newspaper advertisement and without observing the procedure prescribed by section 2-331 et seq. for the Supp. No. 18 190 ADMINISTRATION § 2-337 award of formal contracts. The city manager shall keep a record of all open market orders and orders for the purchase of supplies and services in accordance with the Public Records Act of the state and generally accepted accounting internal control procedures. (Ord. No. 5-83-12, § 3, 2-13-84) Supp. No. 18 190.1 Art. I. Art. II. Chapter 4 ANIMALS* In General, §§ 4-1-4-20 Dogs and Cats, §§ 4-21--4-30 ARTICLE I. IN GENERAL Sec. 4-1. Animal control enforcement. The provisions of this chapter shall be enforced by the animal control officer(s), police officer(s), and code enforcement officer(s) of the city. (Ord. No. 95-96-66, § 1, 5-28-96) Editor's note—Section 1 of Ord. No. 95-96-66, adopted May 28, 1996, amended § 4-1 to read as herein set out. Prior to such amendment, § 4-1 pertained to the appointment of the animal control officer and derived from § 4-6(a) of the 1970 Code. Sec. 4-2. Interfering with officers. No person shall interfere with, resist, or hinder any animal control officer, police officer, or code enforcement officer in the performance of any duty required by the provisions of this chapter. (Code 1970, § 4-6(b); Ord. No. 95-96-66, § 1, 5-28-96) Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of; removal 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 *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. 18 299 § 4-4 ATLANTIC BEACH CODE Audubon Society, bird club, garden club or humane society, or as many of the clubs as are 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. Reserved. Editor's notc Section 3 of Ord. No. 95-96-66, adopted May 28, 1996, repealed § 4-6 in its entirety. Formerly, § 4-6 pertained to nuisance animals and derived from § 4-7(d) of the 1970 Coria; Orr No. 95-R8-33 § 1, adopted April 25, 1988; and Ord. No. 95-91-49, § 1, adopted June 10, 1991. Sec. 4-7. Keeping or maintaining certain animals in the city. (a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle, chickens, poultry, or goats in the city, except for in special events, as approved by the city manager. (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of providing human companion- 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 Supp. No. 18 300 ANIMALS § 4-7 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; 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 Supp. No. 18 301 § 4-7 ATLANTIC BEACH CODE opportunity 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 miniature 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; Ord. No. 95-96-66, § 1, 5-28-96) Sec. 4-8. Reserved. Editor's note—Section 3 of Ord. No. 95-96-66, adopted May 28, 1996, repealed § 4-8 in its entirety. Formerly, § 4-8 pertained to the removal and disposal of dead animals and derived from § 4-7(h) of the 1970 Code. Sec. 4-9. Injuries caused by animals. If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other animal, the owner or person in custody of the animal shall be guilty of a violation of this article. (Ord. No. 95-96-66, § 2, 5-28-96) Secs. 4-10-4-20. Reserved. Supp. No. 18 302 ANIMALS § 4-23 ARTICLE II. DOGS AND CATS* Sec. 4-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Vaccination against rabies shall mean the proper administration of antirabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. (Code 1970, § 4-2) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 4-22. Registration and tagging required. (a) No dogs or cats shall be owned or kept in the city unless properly registered and tagged as provided in this section. (b) No person shall be allowed to keep any dog over four (4) months of age or cat over four (4) months of age in the city unless the person shall first register the animal at City Hall in Atlantic Beach and purchase a permanent nontransferable identification tag for each animal in the following sums: (1) Five dollar ($5.00) fee for cats and dogs which have been spayed or neutered. (2) Fifteen dollar ($15.00) fee for dogs or cats which have not been spayed or neutered (upon proof of spaying and neutering of an animal, the city will rebate $10.00 of the fee). (c) Tags lost or stolen can be re -issued at City Hall for one dollar ($1.00). Registration tags shall be bought at City Hall immediately upon acquisition of an animal. Rabies vaccinations shall be updated every twelve (12) months for all animals over four (4) months of age. Both tags shall be on the animal at all times when the animal is off the owner's property. (Code 1970, § 4-3; Ord. No. 95-86-30, § 1, 7-28-86; Ord. No. 95-88-33, § 2, 4-25-88) Sec. 4-23. Impoundment. Any unregistered dog or cat found in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon identification and compliance with the registration requirements contained herein, and upon *State law references—Right to be accompanied by dog guides in public accommoda- tions, F.S. § 413.08; damage by dogs, F.S. Ch. 767. Supp. No. 18 303 § 4-23 ATLANTIC BEACH CODE the payment of a twenty dollar ($20.00) fee for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. (Code 1970, § 4-4(a); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-88-33, § 3, 4-25-88; Ord. No. 95-92-51, § 1, 2-10-92) Sec. 4-24. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found running at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements con- tained herein, and upon the payment of a twenty dollar ($20.00) fee for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. (Code 1970, § 4-4(b); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-92-51, § 1, 2-10-92) Sec. 4-25. Leashing. No dog muzzled, unmuzzled or inoculated against rabies shall be allowed in public places such as streets, parks, playgrounds, alleys, vacant lots, etc., the beach or upon property other than that of its owner unless the dog shall be fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put hark on the leash before returning to the beach. (Code 1970, § 4-4(c); Ord. No. 95-88-33, § 4, 4-25-88) Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (c) If any dog or cat shall defecate on or cause damage to any of the public streets, parks, playgrounds, alleys, or beaches in the city, the owner of said dog or cat shall be subject to the penalties of this article unless such defecation or damage is immediately removed. Dog owners/handlers shall carry some sort of material or utensil in all cases where their animals are being walked on the beach in Atlantic Beach and shall be required to remove from the Supp. No. 18 304 ANIMALS § 4-29 beach (not bury) any and all defecation taking place. This provision shall also apply to dog owners whose dogs defecate on people's lawns, on the street ends to the beach, in the public parks, and public rights-of-way. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag. (Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88) State law reference—Damage by dogs, F.S. Ch. 767. Sec. 4-27. Disturbing the peace. (a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (b) Any animal or fowl which persistently makes noises for an hour or longer and annoys citizens of the city shall be declared a nuisance under this chapter. (Code 1970, § 4-4(e); Ord. No. 95-96-66, § 2, 5-28-96) Sec. 4-28. Vicious dogs. It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term vicious dog" shall not be limited to only those dogs who are known to have bitten any person. (Code 1970, § 4-5(d)) Sec. 4-29. Rabies suspected. (a) If a dog or cat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the humane society or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation for a period of two (2) weeks at the expense of the owner. (b) If any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of the person or the owner of the dog or cat with knowledge thereof, to report the incident to the police department within twenty-four (24) hours thereafter. (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of testing the dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city manager for laboratory analysis by a licensed veterinarian. No Supp. No. 18 305 § 4-29 ATLANTIC BEACH CODE liability for compensation to the owner of the animal shall attach to the city by virtue of any procedure in this article by the city manager. All costs in connection with this section shall be borne by the owner of the animal. (Code 1970, § 4-5) State law reference—Authority of state department of health and rehabilitative services to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1)(g)1. Sec. 4-30. Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: Twenty-five dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense, and seventy-five dollars ($75.00) for the third and subsequent offenses each and every occasion wherein a citation is issued. (Ord. No. 97-86-30, § 4, 7-28-86) [The next page is 3531 Supp. No. 18 306 Art. I. Art. II. Art. III. Chapter 5 BEACHES AND PARKS* In General, §§ 5-1-5-15 Beach Safety Zone, §§ 5-16-5-30 Public Parks, § 5-31 ARTICLE L IN GENERAL Sec. 5-1. Closing during emergencies. (a) During such times as, in the opinion of the director of public safety or, in his absence, the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the safety, life and health of persons using the ocean or beach, or any condition shall exist or threaten to occur that will imperil the peace and good order of the city, the director of public safety is authorized to close the ocean or beach or both or any part thereof and prohibit all swimming or bathing in the ocean or use of the beach or both in any manner, and require all persons thereon forthwith to remove themselves therefrom, or any part thereof, until the ocean, beach or dangerous areas are considered safe again for use. (b) It shall be unlawful for any person to knowingly use or refuse, when ordered, to remove themselves from any area which has been closed by the director of public safety. (Code 1970, § 5-1) Sec. 5-2. Undressing or changing clothes. It shall be unlawful for any person to undress or change his clothing upon the ocean beach within the city. (Code 1970, § 5-2) Sec. 5-3. Picnicking. It shall be unlawful for any person to have or participate in a picnic on the ocean beach within the city. (Code 1970, § 5-3) *Cross reference—Streets, sidewalks and other public places, Ch. 19. State law references—Beach and Shore Preservation Act, F.S. Ch. 161; tidal lands and bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater regulated, F.S. § 309.01 Florida Boat Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and geology, F.S. Ch. 369 et seq. Supp. No. 18 353 § 5-4 ATLANTIC BEACH CODE Sec. 5-4. Littering. It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab or other type of refuse upon the beach in the city. (Code 1970, § 5-4) Cross reference—Refuse and garbage generally, Ch. 16. State law reference—Litter law, F.S. § 403.413. Sec. 5-5. Surfboards. It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent to the beach within the corporate limits of the city at any time and at any location unless the surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end of which must be securely bound to either the ankle or wrist of the surfer. (Ord. No. 95-82.25, § 1, 4-26-82) Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities. It shall be unlawful for any person to park a sailboat or catamaran on the beach in any manner which will obstruct the view of lifeguards performing lifeguard activities. Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach. It shall be unlawful for any person to operate any motorized boat or other motorized apparatus within two hundred (200) feet of the beach. Sec. 5-8. Parking of sailboats, catamarans, and vessels. (a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran, „r other vessel en the heach for more than twelve (12) hours without first notifying and receiving permission from the chief of police or his designee. The sailboat, catamaran, or vessel shall only be parked for over twelve (12) hours with permission from May 1 to September 30 of each year. At no time will any sailboat, catamaran, or other vessel be allowed to park west of the dune line, on a beach access, or public right-of-way. (b) Before the chief of police or his designee gives permission for the owner of the sailboat, catamaran, or other vessel to be parked over twelve (12) hours on the beach, the owner must provide proof of ownership, description, serial number, hull number or other identification number, and the location desired for parking same. Permission to park, and the location requested, is at the sole discretion of the chief of police. The chief of police may develop additional rules to govern such parking to protect the public's safety. (c) Any person who parks a sailboat or catamaran [or other vessel] in violation of this section is subject to having such sailboat, catamaran, or other vessel towed at the owner's expense. (Ord. No. 95-96-68, § 1, 10-28-96) Secs. 5-9-5-15. Reserved. Supp. No. 18 354 BEACHES AND PARKS § 5-31 ARTICLE II. BEACH SAFETY ZONE Sec. 5-16. Establishment; hours and period of use. During the entire period from 8:00 a.m. and 7:00 p.m. of each day, beginning May 1 and continuing to and including September 30 in each year, all of that area of the ocean beach within the city lying southerly of the prolongation easterly of the northerly line of the seawall to the low water mark of the Atlantic Ocean and northerly of the prolongation easterly to the low water mark of the northerly line of lot 5, block 36, Atlantic Beach, according to the plat recorded in plat book 5, page 69 of the current public records of the county, is established as a safety zone for the use of persons engaged in bathing, sunbathing, games, fishing and similar recreational activities. (Code 1970, § 5-5) Sec. 5-17. Use of vehicles and riding of animals prohibited. It shall be unlawful for any person to propel, operate or drive any motorized vehicle or any vehicle drawn by a draft animal or to ride any animal at any time within that area of the ocean beach specified in section 5-16, above. (Code 1970, § 5-6; Ord. No. 57-86-11, § 1, 4-14-86) Cross references—Animals generally, Ch. 4; traffic and motor vehicles, Ch. 21. Sec. 5-18. Barricades. The city manager shall erect and maintain at all times during the hours and period specified in section 5-16 suitable obstructions or barricades along the northerly and southerly lines of the area described in section 5-16 to prevent the entry therein of vehicles and other traffic prohibited by this article. (Code 1970, § 5-7; Ord. No. 57-86-11, § 1, 4-14-86) Secs. 5-19-5-30. Reserved. ARTICLE III. PUBLIC PARKS Sec. 5-31. Howell Park use prohibited after dark. It shall be unlawful for any person or groups of persons to congregate in or about or traverse through the area known as Howell Park between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m. whichever is later. (Ord. No. 95-88-35, § 1, 9-26-88) Editor's note—Ord. No. 95-88-35, § 1, adopted September 26, 1988, amended the Code by adding a new § 5-19. The aforesaid has been redesignated as § 5-31 at the discretion of the editor. [The next page is 407] Supp. No. 18 355 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Art. L In General, §§ 6-1-6-15 Art. II. Building Code, §§ 6-16-6-30 Art. III. Electrical Code, §§ 6-31-6-55 Art. IV. Plumbing Code, §§ 6-56-6-75 Art. V. Mechanical Code, §§ 6-76-6-90 Art. VI. Swimming Pool Code, §§ 6-91-6-105 Art. VII. Numbering of Buildings, §§ 6-106-6-119 Art. VIII. Housing Code, §§ 6-120-6-140 Art. IX. Gas Code, §§ 6-141-6-160 Art. X. Amusement Device Code, § 6-161 ARTICLE I. IN GENERAL Secs. 6-1-6-15. Reserved. ARTICLE II. BUILDING CODEt Sec. 6-16. Adoption. There are hereby adopted, subject to the modifications, changes and amendments set forth in this article, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Standard Building Code, 1994 edition, published by the Southern Building Code Congress International, Inc., and the whole thereof, including Appendix K, Recommended Schedule of Permit Fees, and the Standard Existing Building Code, 1988 edition with 1991/1994 revisions, and the Standard Unsafe Building Abatement Code, 1985 edition, except such portions as are deleted, modified or amended by this article, of which not less than three (3) copies have been and are now filed in the office of the city clerk, and the same are adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. (Code 1970, § 6-8; Ord. No. 25-89-22, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, §§ 1(1), (9), (10), 4-22-96) Editor's note—Ordinance No. 25-92-23, § 1, adopted November 9, 1992, amended § 6-16 of the Code. Such new amended provisions, however, not only pertained to § 6-16, but to other sections as well; therefore, § 1 of said ordinance was treated as also amending §§ 6-31, 6-56, 6-76, 6-91, 6-120, 6-141, 6-161, and 7-16(a). *Cross references—Fire prevention and protection, Ch. 7; flood hazard areas, Ch. 8; mobile homes and recreation vehicles, Ch. 10; building operations at night, § 11-6; planning/ zoning/appeals, Ch. 14; signs and advertising structures, Ch. 17; streets, sidewalks and other public places, Ch. 19; occupational license taxes for contractors, § 20-59; utilities, Ch. 22; zoning and subdivision regulations, Ch. 24. State law references—Building construction standards, F.S. Ch. 553; contracting, F.S. ',State law reference—State minimum building codes, F.S. § 553.70 et seq. Supp. No. 18 407 § 6-17 ATLANTIC BEACH CODE Sec. 6-17. Reserved. Editor's note—Section 2 of Ord. No. 25-96-28, adopted April 22, 1996, repealed § 6-17 in its entirety. Formerly, § 6-17 pertained to building code amendments and derived from § 6-10 of the 1970 Code; and Ord. No. 25-95-27, § 1, adopted July 10, 1995. Sec. 6-18. Coastal Construction Code—Title. The provisions contained herein shall constitute the Coastal Construction Code for construction within the coastal building zone in Atlantic Beach, Florida, and shall be referred to as the "coastal code." (Ord. No. 25-86-17, § 1, 2-24-86) Sec. 6-19. Same—Purpose; generally. The purpose of the coastal code is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other natural disasters occurring along the coastal areas of Atlantic Beach which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes and topography of adjacent properties. The coastal code is site specific to the coastal building zone as defined herein, and is not applicable to other locations. In the event of a conflict between these sections and other chapters of this Code, the requirements resulting in more restrictive design shall apply. No provisions in these sections shall be construed to permit any construction in any area prohibited by any other Atlantic Beach regulation. (Ord. No. 25-86-17, § 1, 2-24-86) Sec. 6-20. Same—Scope; applicability. The requirements of this coastal code shall apply to the following types of construction in the coastal building zone in Atlantic Beach: (a) The new construction of, or improvement to major structures, nonhabitable major structures, and minor structures as defined herein. (b) Construction which would change or alter the character of the shoreline (e.g. excavation, grading, paving). The coastal code does not apply to minor work in the nature of normal beach cleaning or debris removal. (1) Existing structures. The requirements of this section shall not apply to existing structured structures under construction, or structures for which a valid and unexpired municipal or county building permit was issued prior to the adoption of the coastal code. (2) Multi -zone structures. For structures located partially in the coastal building zone, the requirements of the coastal code shall apply to the entire structure. (3) Construction seaward of mean high water. Structures or construction extending seaward of the mean high water line which are regulated by Section 161.041, Florida Supp. No. 18 408 1 BUILDINGS AND BUILDING REGULATIONS § 6-21 Statutes (e.g. groins, jetties, moles, breakwaters, seawalls, revetments, beach nour- ishment, inlet dredging, etc.), are specifically exempt from the provisions of these sections. In addition, the coastal code does not apply to piers, pipelines, or outfalls which are regulated pursuant to the provisions of Section 161.053, Florida Statutes. (4) Applications for permits. Applications for building permits for all construction in the coastal building zone may be required by the building official to be certified by an architect or professional engineer registered in the State of Florida. Such certification shall state that the design plans and specifications for the construction are in compliance with the criteria established by this coastal code. (Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-86-19, § 1, 12-8-86) Sec. 6-21. Same—Definitions. The following terms are defined for general use in the coastal code: (a) Beach means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore." (b) Breakaway wall or frangible wall means a partition independent of supporting structural members that will withstand design wind forces, but will fail under hydrodynamic wave, and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components that will minimize the potential for damage to life or adjacent property. It shall be a characteristic of a breakaway or frangible wall that it shall have a horizontal design loading resistance of no less than ten (10) nor more than twenty (20) pounds per square foot. (c) Building support structure means any structure which supports floor, wall or column loads, and transmits then to the foundation. The term shall include beams, grade beams, or joists, and includes the lowest horizontal structural member exclusive of piles, columns or. footings. (d) Coastal barrier islands means geological surface features which are completely surrounded by marine waters that front upon the open waters of the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Strait of Florida, and are composed of quartz sands, clays, limestone, oolites, rock, coral, coquina, sediment, or other material, including soil disposal, which features lie above the line of mean high water. Mainland areas which were separated from the mainland by artificial channelization for the purpose of assisting marine commerce shall not be considered coastal barrier islands. Supp. No. 18 409 BUILDINGS AND BUILDING REGULATIONS § 6-23 (h) Design conditions in general. (1) Foundations for all major structures shall be designed for the horizontal and vertical pressures generated by wave forces between the elevation of the design breaking wave crests or wave uprush superimposed upon the storm surge and the stable soil elevation of the site. (2) All major structures, except mobile homes, shall be designed to withstand one hundred forty (140) mph windspeeds. Horizontal wind velocity pressures shall not be less than the values given below: Basic Wind Velocity Design Pressure (Pounds per Square Foot) Standard Building Code Height Pressure (ft.) (psf) 0-30 41 31-50 54 51-100 65 101-200 79 201-300 92 301-400 101 401-500 109 501-800 121 801-1000 133 Over 1000 137 Note: The above table is based upon the formula: P = .00256 x V2 x (H/30)217, where: P = pressure in pounds/square foot V = 140 mph H = height above grade in feet (3) Appropriate shape factors shall be applied for resistance against overturning and uplift as required elsewhere in this Code. Internal pressures on internal walls, ceilings and floors resulting from damaged windows or doors shall also be considered in the design unless the specified windows and doors have been tested by an approved testing agency and have been shown to be capable of withstanding the design pressures required herein. (4) Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards of the Uniform Standards Code ANSI book A-119.1, pursuant to Section 320.823, Florida Statutes, in addition to the other requirements contained in this chapter. (5) All storm shutters shall be designed to conform with Part VI, Chapter 23, of the South Florida Building Code, 1994 Edition. Copies of such Chapter 23 shall be kept in the office of the building official and the office of the city clerk. (Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-95-27, § 2, 7-10-95) Supp. No. 18 411 § 6-24 ATLANTIC BEACH CODE Sec. 6-24. Same—Nonhabitable major structures; residential dune crossover struc- tures. (a) Nonhabitable major structures need not meet the specific structural requirements of section 6-23, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found elsewhere in this code. All sewage treatment and public water supply systems shall be flood -proofed to prevent infiltration of surface water anticipated under design storm condi- tions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions. (b) All residential dune crossover structures shall be constructed in accordance with the beach dune walkover design as displayed in the plan attached to Ordinance No. 25-96-29, and a copy of which will be kept in the city clerk's office and the office of the building official. Walkovers will have strict adherence to this design and shall not vary more than ten (10) percent in height to allow for changes in topgraphy of the dune system. (Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96) Sec. 6-25. Same—Minor structures. Minor structures need not meet the specific structural requirements of section 6-23 except they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found elsewhere in this Code. (Ord. No. 25-86-17, § 1, 2-24-86) Sec. 6-26. Same—Location. Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline fluctuations and to preserve dune stability. Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished. (Ord. No. 25-86-17, § 1, 2-24-86) Sec. 6-27. Same ---Public access. Where the public has established an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate, or relocate such public accessways so long as they are: (1) Of substantially similar quality and convenience to the public; (2) Approved by the local government; and Supp. No. 18 412 1 BUILDINGS AND BUILDING REGULATIONS § 6-32 (3) Consistent with the coastal management element of the local comprehensive plan adopted pursuant to Section 163.3178, Florida Statutes. (Ord. No. 25-86-17, § 1, 2-24-86) Sec. 6-28. References. Assistance in determining the design parameters and methodologies necessary to comply with the requirements of this article may be obtained from: (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. Department 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. 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, 1996 edition, as approved by the National Fire Protection Association (N.F.P.A.), and in the N.F.P.A. 70E Standard for Electrical Requirements for Employee Workplaces, as approved by the American National Standards Institutes, are hereby adopted as the minimum standards for all electrical construction within the city. (Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-95-26, § 1, 2-13-95; Ord. No. 25-96-28, § 1(2), 4-22-96) 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. *Cross reference—Electric signs, § 17-12. State law reference—Electrical code, F.S. § 553.15 et seq. Supp. No. 18 413 § 6-32 ATLANTIC BEACH CODE (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, 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; exception. 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 qualified under the provisions of this article to engage in the trade or business of electrical construction 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 premises occupied by the homeowner. Accepted testing agencies are the City of Atlantic Beach, 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, § 7-7; Ord. No. 25-93-24, § 1, 9-13-93; Ord. No. 25-95-27, § 3, 7-10-95) 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. 18 414 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 (12) Heat: 0-10 kw 1.00 Supp. No. 18 415 § 6-37 ATLANTIC BEACH CODE 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, multifamily 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 electrical 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 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) Supp. No. 18 416 BUILDINGS AND BUILDING REGULATIONS § 6-58 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 1V. PLUMBING CODE* Sec. 6-56. Adoption. There is hereby adopted the Standard Plumbing Code, 1994 edition, 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; Ord. No. 25-96-28, § 1(3), 4-22-96) 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 issuance. 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 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) *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. 18 417 § 6-59 ATLANTIC BEACH CODE Sec. 6-59. Same—Fee. Afee 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 Atlantic Beach, 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; Ord. No. 25-95-27, § 3, 7-10-95) Sec. 6-61. Water conservation regulations. (a) All new construction and all remodeling or repair involving replacement of fixtures in residential, hotel, motel, industry 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. (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. Supp. No. 18 418 BUILDINGS AND BUILDING REGULATIONS § 6-77 (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 certification 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, 1994 edition, published by the Southern Building Code Congress International, Inc., including changes and amendments, 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 build- ings. 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; Ord. No. 25-96-28, § 1(4), 4-22-96) 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 $ 10.00 b. Air conditioning and refrigeration (total capacity in single installa- tion): For each ton or fractional part thereof: Air conditioning from 1 ton to 10 tons total capacity in single installation, for each town or fraction thereof for each apart- ment or business will be considered a separate system 4.00 Supp. No. 18 418.1 § 6-77 ATLANTIC BEACH CODE For each ton of air conditioning over 10 tons or fractional part thereof up to 25 tons 2.00 For each ton of air conditioning over 25 tons or fractional part thereof 1.00 c. Furnaces and heating equipment (total capacity in single installa- tion): For the first 200,000 BTU per hour capacity or fractional part thereof in single installation for each apartment or business 10.00 For each additional 50,000 BTU per hour of fuel used or fractional part thereof 2.00 Any burner (not in heating system), each 6.00 d. Boilers, including heating element: For the first 500,000 BTU per hour input of fuel 15.00 For each additional 100,000 BTU per hour input of fuel or fractional part thereof 3.00 e. Air duct systems: For the first 2,000 cubic feet per minute capacity of air handled in duct system 10.00 For each 1,000 cubic feet per minute over 2,000 cubic feet per minute or fractional part thereof up to 10,000 cubic feet per minute 4.00 For each additional 1,000 cubic feet per minute or fractional part thereof 2.00 f. Pumps 2.00 10.00 g. Wells h. Tanks, all types, gasoline or liquefied petroleum: 0-600 gallons 10.00 Over 600 to 10,000 gallons capacity or fractional part thereof 50.00 For each additional 1,000 gallons or fractional part thereof 2.00 i. Service station automobile lifts 5.00 j. Elevators, escalators, manliffs, hoists for the first 4 floors 50.00 k. Fire sprinkler systems: For the first 40 sprinkler heads or fractional part thereof 15.00 For each additional 10 sprinkler heads or fractional part thereof 2.00 1. Fire standpipes, each 3.00 m. Fire hose cabinets, each 3.00 n. Prefabricated fireplaces, each 15.00 Supp. No. 18 418.2 BUILDINGS AND BUILDING REGULATIONS § 6-91 o. Alteration or repair of boiler or on fired pressure vessel 15.00 p. Solar collector system 15.00 q. Commercial hood installation 15.00 r. Heat exchanger or coil in ducts 5.00 s. Minimum fee for any mechanical permit 10.00 t. Reinspection fee 10.00 u. For mechanical fee not listed in this section, fee shall be based on $4.00 per thousand dollars. (2) Gas piping permit fees. Consumers' gas piping and appliances at one location: a. For issuing each permit 10.00 b. For 1 to 4 outlets 5.00 For each additional outlet 1.00 c. For conversion burners, floor furnaces, incinerators, boilers, central heat and air conditioning units 5.00 For each additional unit 1.00 d. Vented wall furnaces and water heaters, each unit 2.50 e. Reinspection fee 10.00 (Ord. No. 25-82-1, § 2, 7-26-82) Secs. 6-78-6-90. Reserved. ARTICLE VI. SWIMMING POOL CODE* Sec. 6-91. Adoption. There is hereby adopted the Standard Swimming Pool Code, 1991 edition, with 1993/1994 revisions, as published by the Southern Building Code Congress International, Inc., for the purpose of prescribing minimum standards for the design, construction or installation, repair or alterations of swimming pools. (Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(5), 4-22-96) Note—See editor's note, § 6-16. *Cross reference—Zoning regulation of swimming pools, § 24-164. State law references—Regulations of department of health and rehabilitative services, F.S. § 381.031(g)3; public bathhouses and swimming or bathing places, F.S. Ch. 514. Supp. No. 18 418.3 § 6-92 ATLANTIC BEACH CODE Sec. 6-92. Enclosed or roofed pools to comply with building code and zoning regulations. Where an enclosure or roof is provided over a pool, it shall comply with the building code and accessory building requirements of chapter 24. (Code 1970, § 24-4) Supp. No. 18 418.4 BUILDINGS AND BUILDING REGULATIONS § 6-141 c. Atlantic Boulevard on the south and the first and second districts on the east are hereby declared and determined to be the zero coordinates or axis of this numbering system, except where the street is a continuation of a street in the first or second districts, and in that case, the coordinates or axis shall be that of the first or second district, whichever is the case. d. On every street, one hundred (100) numbers shall be assigned for every five hundred (500) feet, except where streets intersect less than one thousand (1,000) feet apart, in which case one hundred (100) numbers shall be assigned according to subsection (2)d of this section. e. According to subsection (1)e of this section. (Code 1970, § 6-16) Sec. 6-111. Removing or defacing. No person shall remove or deface or attempt to remove or deface any numbers attached to buildings under the provisions of this article. (Code 1970, § 6-17) State law reference—Criminal mischief, F.S. § 806.13. Secs. 6-112-6-119. Reserved. ARTICLE VIII. HOUSING CODE Sec. 6-120. Adoption. There is hereby adopted, basic minimum housing standards deemed essential for safe, healthful living, that certain code known as the Standard Housing Code, 1991 edition, with 1992/1994 revisions, published by the Southern Building Code Congress International, Inc. (Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6), 4-22-96) Note—See editor's note, § 6-16. Secs. 6-121--6-140. Reserved. ARTICLE IX. GAS CODE Sec. 6-141. Adopted. There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the Standard Gas Code, 1994 edition. (Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(7), 4-22-96) Note—See editor's note, § 6-16. Supp. No. 18 421 § 6-142 ATLANTIC BEACH CODE Secs. 6-142-6-160. Reserved. ARTICLE X. AMUSEMENT DEVICE CODE Sec. 6-161. Adopted. There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the Standard Amusement Device Code, 1985 edition. (Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(8), 4-22-96) Note—See editor's note, § 6-16. [The next page is 469] Supp. No. 18 422 Art. I. Art. II. Chapter 7 FIRE PREVENTION AND PROTECTION* In General, §§ 7-1-7-15 Fire Prevention Code, §§ 7-16-7-20 ARTICLE I. IN GENERAL Sec. 7-1. Reward for information leading to conviction of arsonists. The city will pay as a reward to any person an amount not to exceed one hundred dollars ($100.00) for any one occurrence, for information leading to the arrest and conviction of any person found guilty of maliciously setting a fire within the city. (Code 1970, § 9-2) Secs. 7-2-7-15. Reserved. ARTICLE II. FIRE PREVENTION CODE Sec. 7-16. Adoption. (a) There is hereby adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Standard Fire Prevention Code, 1994 edition, published by the Southern Building Code Congress International, Inc., of which code, one (1) copy is filed in the office of the city clerk, one (1) copy with the Atlantic Beach Fire Department, and one (1) copy is filed with the Atlantic Beach Building Department, and the same is hereby adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling within the city. (b) There is also hereby adopted, that certain code known as the National Fire Protection Association 101 Life Safety Code, 1988 edition, of which code one (1) copy is filed in the office of the city clerk, one (1) copy with the Atlantic Beach Fire Department, and one (1) copy with the Atlantic Beach Building Department, and the same is hereby adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling within the city. (Code 1970, § 9-3; Ord. No. 57-89-15, § 1, 4-24-89; Ord. No. 25-96-28, § 1(11), 4-22-96) *Cross references—Fire department, § 2-61 et seq.; buildings and building regulations, Ch. 6; signs and advertising structures as fire hazards, § 17-4; signs and advertising structures obstructing doors, windows and fire escapes, § 17-6. State law references—Fire prevention and control, F.S. Ch. 633; local fire chief authorized to enforce laws and rules of state fire marshal, F.S. § 633.121; explosives, F.S. Ch. 552; procedure to lawfully burn land, F.S. § 590.12; sale of fireworks, F.S. Ch. 791. Supp. No. 18 469 § 7-17 ATLANTIC BEACH CODE Sec. 7-17. Enforcement. The fire prevention code adopted by this article shall be enforced by the chief of the fire department. (Code 1970, § 9-4) Sec. 7-18. Modifications. The chief of the fire department shall have power to modify any of the provisions of the fire prevention code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the chief of the fire department thereon, shall be entered upon the records of the department, and a signed copy shall be furnished the applicant. (Code 1970, § 9-6) Sec. 7-19. Appeals from actions of chief of fire department. Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code adopted by this article do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city commission within thirty (30) days from the date of the decision appealed. (Code 1970, § 9-7) ►�T�s.. 7-20. Penalty; i mpe.atinom,.. �awn_ar.. if_ P__Xel_i. Q` P- vnatinn; separate offenses: removal of prohibited conditions. (a) Any person who shall violate any of the provisions of the fire prevention code adopted by this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city commission or by a court of competent jurisdiction within the time fixed in this article, shall, severally, for each such violation and noncompliance respectively, be punished as provided in section 1-11. (b) The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy the violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. (c) The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions. (Code 1970, § 9-8) [The next page is 521] Supp. No. 18 470 Chapter 19 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* Sec. 19-1. Obstructing free passage prohibited; exception. No person shall obstruct the free passage of persons or vehicles over any street, sidewalk or other public way by any means whatsoever, except pursuant to a permit issued by the city manager, and only in accordance with the terms of the permit and any conditions attached thereto. (Code 1970, § 22-1) Cross reference—Loitering in, obstructing, etc., streets, public places, etc., § 13-2. State law reference ---Obstruction of public streets, highways and roads, F.S. § 316.2045. Sec. 19-2. Digging up streets prohibited; exception as to public utilities; permit required of public utilities. No person shall dig into, remove, tear up, deface or damage in any manner whatsoever, except for purposes of city authorized repair, either the surfacing or shoulders on or of any street, avenue, way, driveway, roadway or pathway on any public property of and in the city, or on any property over or upon which the city may now or hereafter be possessed of any easement for any type of public transportation, travel or service; provided, this section shall not be construed to apply to any public utility such as electric, gas, water, etc., system which may desire to lay, remove, repair or replace pipes, wiring, or cables, place poles, conduits or meters or install any other necessary equipment requisite to the proper and efficient use of the public utility. A public utility desiring to do any such work shall first procure from the city manager a permit for such operations. (Code 1970, § 22-4) Sec. 19-3. Closing of streets for various events. The city manager is authorized to close streets for various events. The city manager will discuss any such closing of streets with the police chief and notify the city commission begore authorization is given. An organization desiring to close a street for an event shall first procure from the city manager a permit for such an event. (Ord. No. 65-93-22, § 1, 1-25-93) *Cross references—Any ordinance naming, renaming, opening, accepting, or vacating streets or alleys in the city saved from repeal, § 1-5(8); beaches and parks, Ch. 5; buildings and building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; loitering in, obstructing, etc., streets, public places, etc., prohibited, § 13-2; planning/zoning/appeals, Ch. 14; signs, posters, etc., prohibited on sidewalks, § 17-8; traffic and motor vehicles, Ch. 21; utilities, Ch. 22; vegetation, Ch. 23; zoning and subdivision regulations, Ch. 24. State law references—Supplemental and alternative method of making local municipal improvements, F.S. Ch. 170; municipal public works, F.8. Ch. 180; minimum construction standards for the design, construction and maintenance of all public streets, roads, highways, bridges, sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle trails, under- passes, and overpasses used by the public for vehicular and pedestrian traffic, F.S. § 335.075. Supp. No. 18 1107 § 19-4 ATLANTIC BEACH CODE Sec. 19-4. Special events. All special events which are held on public property must adhere to the following rules and regulations: (1) All special events taking place on public property must have a permit from the city manager before any such events take place. The city manager may attach to the permit those requirements he may deem necessary to protect the public and city's interest. (2) All parties interested in staging a special event must provide insurance for the event in amounts set by the city manager. The [parties staging such] event may be required to take out additional insurance naming the city as the beneficiary. (3) All parties staging an event may be subject to a performance bond set by the city manager to insure [that] the City Ordinance Code and permit requirements are upheld by the event. (4) All requirements set by the city manager as part of his written approval of the event must be upheld by the event. Failure to do so may result in a closing of the event by the public safety director or the police chief. (5) All special events permitted by the city manager must be sponsored by a nonprofit corporation for a charitable purpose. Any special event to be held by a for-profit corporation must have prior approval by the city commission. (6) Before any request for a special event is permitted, those responsible for the event must fill out an application form available through the city recreation department. (7) All financial information and records which may be related to the event will be made available city finance e director forhis r her review to the ♦,x..aa, ., .........,.,r _ 4_ (8) All parties staging a special event are required to abide by the City Code and the Florida Statutes. Failure to do so will require the event to be cancelled. (9) No sales of any kind will be permitted on the ocean beach area. (Ord. No. 95-96-67, § 1, 6-10-96) [The next page is 1157] Supp. No. 18 1108 TRAFFIC AND MOTOR VEHICLES § 21-54 (b) The charges for storage of vehicles by wrecker service operators shall be as follows: Storage, outside per day $5.00 Storage, inside per day 6.00 (c) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a partial fee is allowed of ten dollars ($10.00), if the wrecker has been physically attached to the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged. (d) The above charges may be changed by resolution adopted by the city commission. (Ord. No. 57-92-18, § 2, 4-13-92) Cross reference—Towage and storage charges, § 21-26. Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at all times with amber flashing lights and all necessary working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher. (Ord. No. 57-92-18, § 3, 4-13-92) Sec. 21-53. Liability insurance. All wreckers must have, maintain, and keep in full force and effect, liability insurance in amounts not less than one hundred thousand dollars ($100,000.00) to three hundred thousand dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars ($50,000.00). (Ord. No. 57-92-18, § 4, 4-13-92) Sec. 21-54. Repairing vehicles without authorization prohibited. It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any such removed vehicle without the written consent signed by its owner or his duly authorized agent. (Ord. No. 57-92-18, § 5, 4-13-92) [The next page is 1275] Supp. No. 18 1233 Art. I. Art. II. Art. III. Art. W. 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 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. 18 1275 § 22-3 ATLANTIC BEACH CODE Sec. 22-3. Voluntary collection program/trust fund to assist needy with utility bills. The director of finance shall set up a trust fund each fiscal year to accept voluntary donations to be used to assist the needy to pay city utility bills. The city manager and mayor are authorized each fiscal year to contract with the social service agency who administers JEA's Neighbor to Neighbor Program to administer the city's program of assistance. All guidelines for the program will be set forth in a contract with the administering agency, such contract to be renewed on an annual basis. The contract will be approved annually by the city commission. (Ord. No. 80-96-59, § 1, 10-28-96) Secs. 22-4-22-13. 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 furnished 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 *Cross reference ----Plumbing code, § 6-56 et seq. Supp. No. 18 1276 UTILITIES § 22-20 connected 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 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 payment 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) Sec. 22-18. Granting necessary easements by consumer. The consumer shall grant or cause to be granted to the city, without cost, all rights, easements, permits and privileges which are necessary for providing service. (Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92) Sec. 22-19. Right of access by city employees. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to providing service. (Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92) Sec. 22-20. Fee to re-establish service after cutoff or transfer. If water service is turned off, either because of delinquency or uopon the request of the consuner, a cut -on fee of fifteen dollars ($15.00) shall be charged and paid prior to restoring water service. If water service is transferred to another residence, a fifteen -dollar transfer fee shall be charged. (Code 1970, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15, § 2, 1-13-86; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95) Supp. No. 18 1277 § 22-21 ATLANTIC BEACH CODE Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills. Upon written request of a consumer, the meter will be tested by the city. The city will require a deposit to defray cost of testing. Such deposit shall be as follows: Meter Size (inches) Fee 5/8 by 3/4 $ 25.00 1 and 11/2 25.00 2 25.00 Above 2 Actual cost If the meter, when tested, is found to be not more than two (2) percent fast, the deposit shall be forfeited to the city as a service charge for conducting the test; otherwise, the expense of the test will be borne by the city and billing adjustments for a period not to exceed twelve (12) months will be made. (Code 1970, § 27-7; Ord. No. 80-86-33, § 1, 11-24-86; Ord. No. 80-92-51, § 2, 11-23-92) Sec. 22-22. Fee established for re -read of meters. Upon request of a consumer, the meter will be re -read by the city. A fee of five dollars ($5.00) will be charged for all customer -requested re -reads. At the discretion of the city manager, or his designee, the city may perform a re -read at no cost to the consumer. (Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95) Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Liability for service shall begin on the day the consumer is connected to the city water main and shall continue thereafter until the service is disconnected for nonpayment or for other cause, or after written notice is given the city by the consumer of his desire to terminate the service. No allowance will be made for vacant houses unless a request in writing to have the water shut off is received by the city, nor will any allowance be made for any shut-off period less than thirty (30) days. (Code 1970, § 27-8; Ord. No. 80-92-51, § 2, 11-23-92) Sec. 22-24. Basis for billing if meter fails to register. If any meter on a consumer's premises is destroyed by fire or other causes or fails to register, the consumer will be billed for the period involved on a basis of previous consumption. (Code 1970, § 27-9; Ord. No. 80-92-51, § 2, 11-23-92) Sec. 22-25. Determination of classification of service for each consumer. The city manager, or some person designated by him, shall have the authority to determine what type of service shall be rendered by the city to each consumer. (Code 1970, § 27-10; Ord. No. 80-92-51, § 2, 11-23-92) Supp. No. 18 1278 UTILITIES § 22-27 Sec. 22-26. Property owner responsible to city for water charges. The city will install and properly maintain, at its own expense, such meters and associated piping as may be necessary to measure the water service used by the consumer. All meters and associated piping and meter box or vvault installed by the city shall remain the property of the city. It shall be unlawful for anyone to tamper with any city appurtenances of water services. The consumer shall protect the city's meter and appurtenances. In the event of any loss or damage to the property of the city caused by or arising out of carelessness, neglect or misuse by the customer, the cost of replacing or repairing such damaged property shall be paid by the customer or property owner. (Code 1970, § 27-11; Ord. No. 80-92-51, § 2, 11-23-92) Sec. 22-27. Charges for water service. The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: (1) Customers within city: a. Single units. The minimum bill for a single unit shall be four dollars and twenty-four cents ($4.24) per month for up to three thousand (3,000) gallons of water. During each quarterly period, one (1) monthly bill shall also include an additional charge of one dollar and eight cents ($1.08) per one thousand (1,000) gallons of water used in excess of nine thousand (9,000) gallons during the previous three (3) months. Gallons used shall be determined by quarterly meter readings. The effective rates will be amended for all billings, beginning January 1 of each year in accordance with the schedule in Appendix A. b. Multiple units. For multiple units served through the same meter, the rates and minimum charges shall be in accordance with the following scale. All multiple units will be billed at seventy-five (75) percent of the single -unit rate for each unit, regardless of occupancy: Minimum Bill Units Gallons Per Month 2 4,500 $ 6.36 3 6,750 9.54 4 9,000 12.72 5 11,250 15.90 6 13,500 19.08 7 15,750 22.26 For each additional unit over 7 there will be a minimum charge of $3.18 for 2,250 gallons per unit. Supp. No. 18 1279 § 22-27 ATLANTIC BEACH CODE Excess gallonage shall be calculated based on the consumption level for the previous three (3) months, less than the gallonage allotted to the minimum bills for the quarter. All excess gallonage shall be charged at the same rate per one thousand (1,000) gallons as provided for single units above. As stated above, rates will be amended each January 1 as shown in Appendix A. (2) Customers outside the city: The rates applicable to customers outside the city shall be one and one quarter (1.25) times the above rate applicable to customers inside the city. (Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No. 80-91-45, § 1, 12-16-91; Ord. No. 80-92-51, § 2, 11-23-92) Sec. 22-27.1. Utility deposits. (a) A deposit representing two (2) months' average charges for utility services, i.e., water, sewer and garbage, will he required for all new utility accounts. Upon termination of utility services, the customer's deposit will first be applied to any balances owed on his account. Any balance remaining will be refunded to the customer or transferred to another account upon request of the customer. (b) The deposit of any customer shall be refunded with interest at the rate of three (3) percent per annum after twenty-four (24) months from the date of deposit, provided the customer is current in all payments and has timely made all payments during the preceding twenty-four (24) months. If any customer becomes delinquent in payments after his deposit has been refunded pursuant to this section, the city may require an additional deposit for service to continue. (Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-58, § 1, 10-28-96) Sec. 22-28. Water impact fees, installation charges, etc. The following schedule of rates and installation charges for water connections, facilities, service and water provided or furnished by the city through its waterworks system is hereby adopted and established: (1) Water connection charges. a. Installation charge. Installation Charge Size of Meter from (inches) Main to Meter 3/4 $ 525.00 1 560.00 P12 1,090.00 2 1,150.00 Over 2, actual cost, mini- 1,150.00 mum Supp. No. 18 1280 UTILITIES § 22-28 Approved utility contractors may construct larger services at their own expense, but will be subject to a two -hundred -dollar inspection fee. All new construction, rehabilitation and/or remodeling will require cross - connection control devices and shall be assessed an inspection fee as follows: Two-inch and under $ 35.00 Over two-inch 200.00 Reinspection visit 35.00 b. Meter charge. All meters will be furnished by the city and the cost is included in the established installation charge. c. Change in service size. Whenever a user requests a change in the size of a service previously installed, such user shall accompany such request with payment of the same charges per schedule a above, together with any meter cost involved, as are applicable to the new service requested. The user shall also be required to pay any and all increases in capital improvement charges from the old size to the one requested, whether or not the old service was required to pay any fees, utilizing the rates in effect at time of request. d. Change in service location. Whenever a user requests a change in location of a service connection previously installed, such user shall accompany such request with payment of the same charges, per schedule a, for installation. e. Capital improvement charge. Single-family residences: For each house, three hundred twenty-five dollars ($325.00), three -quarter -inch service only. Multiple family and condominium living units, including all related facilities: A minimum of five hundred dollars ($500.00) for the first two (2) units, plus ninety dollars ($90.00) per unit for each additional unit over two (2). Motels, including all related facilities: A minimum of one thousand one hundred fifty dollars ($1,150.00) for the first ten (10) units, plus fifty-five dollars ($55.00) per unit for each additional unit over ten (10). Nursing and convalescent homes, including all related facilities: A minimum of one thousand fifty dollars ($1,050.00) for the first ten (10) beds, plus forty-five dollars ($45.00) per bed for each additional bed over ten (10). All others: A minimum of three hundred twenty-five dollars ($325.00). Size of Meter (inches) Charge 3/4 $ 325.00 1 550.00 11/2 1,075.00 2 1,725.00 3 3,250.00 Supp. No. 18 1281 § 22-28 ATLANTIC BEACH CODE Size of Meter (inches) Charge 4 5,425.00 6 10,800.00 8 15,000.00 Disposition, use of revenues. All revenues collected by the city for water capital improvement charges shall be deposited and held in a special fund to be known as and hereby designated "the water capital improvement fund". The monies deposited and held in said fund and all interest accrued thereto shall be used only for the improvements, expansion and/or replacement of the water system of the city. (2) Water service for fire protection purposed. A special rate of sixty-two dollars ($62.00) per annum payable in monthly installments shall apply to any water service provided exclusively for sprinkling systems or other fire protection systems in buildings only provided the expense of all connections to and extensions from the city water mains shall be borne by the user. No taps will be allowed which may be used for other than fire protection purposes, and, unless pursuant to special permit formm the city commission, there shall be no connection with any other source of water except in case a storage tank or fire pump is installed as a secondary supply for such fire protection purposes. (Ord. No. 80-92-51, § 2, 11-23-92) Sec. 22-29. Due dates and late fees. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If the bill is not paid within fifteen (15) additional days (or thirty (30) days from the billing date), service will be discontinued. A fifteen -dollar reconnect fee will be required to be paid, along with the full amount of the bill, prior to service being restored. (Code 1970, § 27-13; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-57, § 1, 2-12-96) Sec. 22-30. Private fire protection service. Fire protection service charges shall be billed annually in advance. Fire protection service, either private hydrants or sprinkler systems, shall be installed from the main inward at the expense of the consumer. All such installations shall be made in strict accordance with the rules of the American Insurance Association in force at the date of installation and with such requirements as may be prescribed by the city manager. Fire protection services shall not be metered, and no charge shall be made by the city for water used through such services; however, no use of the services shall be made except for testing the equipment or fighting fire. (Code 1970, § 27-14) Supp. No. 18 1282 1 UTILITIES § 22-34 Sec. 22-31. Leaks on consumer's side of meter. No allowance or adjustment of any water bill shall be made for leaks of any nature occurring on the consumer's side of the meter. (Code 1970, § 27-15) Sec. 22-32. Connection of private water systems to city system prohibited. No person shall interconnect a privately owned water system to the city's water system. (Code 1970, § 27-16) Sec. 22-33. Prohibited acts. No person shall connect or turn on any water service or tap or make any alteration to any main or distribution pipe of the city's water system or in any way interfere with or molest any of the wells, reservoirs, basins or water in the same, or permit any connection or tapping to be made to the city's water system on his premises or the premises occupied by him or knowingly use city water from unauthorized connections. (Code 1970, § 27-17) Sec. 22-34. Service to more than one property through same meter. Properties owned or operated by different owners or operators shall not be supplied with water through one (1) meter unless existing facilities make it impractical, as determined by the city commission as an exception, to establish separate meters for each property. In each case excepted by the city commission, the yearly minimum rate will be determined by combining the rates for each property, and likewise the minimum quarterly allowance for each property will be combined. (Code 1970, § 27-18) Supp. No. 18 1283 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 80-94-53 11-28-94 1 22-74 2, 3 22-90, 22-91 4 Added 22-92 10-94-19 12-12-94 1 3-11 Supp. No. 18 1997 ATLANTIC BEACH CODE Ordinance Adoption Section Number Date Section this Code 25-95-26 2-13-95 1 6-31 80-95-55 2-27-95 2 22-20 22-22 Added 22-27.1 3 22-166, 22-167 22-174 55-95-29 5- 8-95 1 16-1-16-16 58-95-20 6-12-95 1 2-279(a) 25-95-27 7-10-95 1 6-17 2 Added 6-23(h)(5) 3 6-35(c) 6-60 35-95-9 9-25-95 1 2-73 95-95-65 12-11-95 1 Added 24-176, 24-177 5-95-26 1- 8-96 1 2-41 95-95-64 2-12-96 1 23-15-23-17 23-19 23-22 23-25 58-96-21 2-12-96 1 2-279(a), (b) 2-298(a) Added 2-298(d) Added 2-299 80-96-57 2-12-96 1 22-29 2 22-174 5-96-27 3-25-96 1 2-146(a) 2-147-2-151 25-96-28 4-22-96 1(1) 6-16 1(2) 6-31 1(3) 6-56 1(4) 6-76 1(5) 6-91 1(6) 6-120 1(7) 6-141 1(8) 6-161 1(9), (10) 6-16 1(11) 7-16(a) 2 Rpld 6-17 95-96-66 5-28-96 1 4-1, 4-2 4-7(a) 2 Added 4-9, 4-27(b) 3 Rpld 4-6, 4-8 95-96-67 6-10-96 1 Added 19-4 25-96-29 9-23-96 6-24(b) 95-96-68 10-28-96 1 Added 5-8 80-96-58 10-28-96 1 22-27.1 80-96-59 10-28-96 1 Added 22-3 Supp. No. 18 1998 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 5-96-28 11-11-96 1 Added 2-336(8) [The next page is 2043] Supp. No. 18 1999 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 F.S. Section Section this Code Section this Code 1.01 1-2 Ch. 166 Charter(note) 13-201 Ch. 9(note) Char., § 4 23.011 Ch. 14(note) Char., § 57 60.05 2-168, 2-169 Char., § 59 Ch. 12(note) 21-302(9) Ch. 98 Char., § 38 Ch. 166, Pt. II Char., § 45 98.211 Char., § 53 Char., § 60 100.181 Char., § 41 166.031 Char., § 79 100.361 Char., § 56 166.041 Char., § 18 Ch. 101 Char., § 42 24-4 Ch. 112, Pt. III Char., § 66 166.101 Ch. 2, Art. VII 112.061 Ch. 2, Art. VII, (note) Div. 3(note) 166.201 Ch. 2, Art. VII 112.65 2-285 (note) 112.311 Ch. 2, Art. II Ch. 20(note) (note) 166.231 Ch. 20, Art. II Ch. 119 Char., § 65 (note) Ch. 2(note) 166.241 2-311 Ch. 161 Ch. 5(note) 166.0425 Ch. 17(note) 161.041 6-20(b)(3) Ch. 170 Ch. 19(note) 161.053 6-20(b)(3) Ch. 175 2-272 6-21(e), (r) 175.101 20-77 Ch. 162 Ch. 2, Art. V, Ch. 177 24-205 Div. 2(note) 177.27(15) 6-21(j) 162.02 2-146 177.011 Ch. 24, Art. IV 162.05 2-141, 2-142 (note) 162.05(4) 2-145 177.041 24-205 162.06 2-147 177.091 24-256 162.07 2-143, 2-144 Ch. 180 Ch. 19(note) 2-147 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 Supp. No. 18 2053 ATLANTIC BEACH CODE F.S. Section F.S. Section Section this Code Section this Code 205.053(1) 20-53 20-59 205.063 20-58 496.01 Ch. 18(note) 205.196 20-59 Ch. 513 Ch. 10(note) Ch. 218 Ch. 2, Art. VII 513.01 10-1 (note) Ch. 514 Ch. 6, Art. VI 218.33 2-311 (note) 253.12 Ch. 5(note) Ch. 552 Ch. 7(note) 286.011 Char., § 14 Ch. 553 Ch. 6(note) Ch. 2(note) 6-21(p) 309.01 Ch. 5(note) 553.01 Ch. 6, Art. IV(note) Ch. 316 Ch. 21(note) 553.15 Ch. 6, Art. III(note) 21-1 553.70 Ch. 6, Art. II(note) 316.008 Ch. 21(note) Chs. 561-568 3-1 561.01 Ch. 3(note) 316.008(1)(a) Ch. 21, Art. II 562.14(1) 3-2 (note) 562.45(2) 3-2 316.195 Ch. 21, Art. II 3-4-3-6 (note) 590.12 Ch. 7(note) 21-16 Ch. 633 Ch. 7(note) 316.1945 Ch. 21(note) 633.35 2-263 21-17 633.121 Ch. 7(note) 316.2045 19-1 Ch. 650 Ch. 2, Art. VI, 320.823 6-23 Div. 2(note) Ch. 327 Ch. 5(note) 2-241 335.075 Ch. 19(note) 650.02 2-241 Ch. 367 Ch. 22(note) 650.05 Ch. 2, Art. VI, Ch. 369 Ch. 5(note) Div. 2(note) �) ni_ 705 Cl 15 Lill. JIG L'll. 4(110 L1;/ '1..11. I VJ ' J11. , Ch. 373 Ch. 8(note) Art. II(note) 381.031(1)(g)1 4-29 21-24 381.031(g)3 Ch. 6, Art. VI 705.16 Ch. 2, (note) Art. II(note) 381.261 Ch. 22(note) Ch. 760 Ch. 9(note) Ch. 386 Ch. 12(note) 760.20 Ch. 9, 403.0893 21-302(9), (10) Art. II(note) 403.413 5-4 760.22 9-16 16-7 760.23 9-17 403.415 Ch. 11(note) 760.24 9-18 413.08 Ch. 3, Art. II(note) 760.25 9-22 Ch. 469 Ch. 6, Art. IV 760.29 9-23 (note) 760.37 9-24 Ch. 479 Ch. 17(note) Ch. 767 Ch. 3, 20-59 Art. II(note) Ch. 481, Pts. I, 4-26 II 24-177(b)(1) 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 Supp. No. 18 2054 STATUTORY REFERENCE TABLE F.S. Section Section this Code Ch. 791 Ch. 7(note) 806.13 6-111 22-57 Ch. 823 Ch. 12(note) 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. 18 2055 CODE INDEX Section A ABANDONMENT Nuisances enumerated Abandoned wells, basements, refrigerators, etc. 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles, refrigerators, etc 12-1(b)(7) Parking of abandoned property, vehicles, etc 21-24 et seq. See: TRAFFIC ACCESS Subdivisions Design and construction standards Access to public streets 24-252(c) Lots, street access 24-255(d) Zoning regulations 24-135(e) et seq. See: ZONING ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct, provisions re advertisement 9-17 Noise provisions Loudspeakers for advertising purposes 11-8 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES AIR RIFLES, AIR PISTOLS, ETC. Discharging prohibited 13-3 ALCOHOLIC BEVERAGES Conditions of existing establishments 3-8 Consumption on vendor's premises 3-10 Consumption, possession of open containers upon public property 3-11 Definitions 3-1 Distances, measurement of 3-7 Existing establishments, conditions of 3-8 Exposure of private parts in establishments serving alco- holic beverages 13-17 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-9 Location of establishments, restrictions on 3-6 Locations where on -premises sales prohibited 3-5 Persons not holding license to sell 3-3 Supp. No. 18 2101 ATLANTIC BEACH CODE Section ALCOHOLIC BEVERAGES—Cont'd. Premises where sales permitted 3-4 Restrictions on location of establishments 3-6 Sales permitted Premises where sales permitted 3-4 Sales prohibited Locations where on -premises sales prohibited 3-5 ALLEYS Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon alley 21-25(a)(4), (5) Dogs and cats running at large 4-24 Garbage, trash, etc. Depositing in alleys 16-7 Nuisances enumerated Throwing, discharging, etc., garbage, filth, etc., into alleys 12-1(b)(2) Abatement of nuisances, etc. See: NUISANCES AMENDMENTS TO CODE Provisions re 1-9 AMUSEMENTS AND AMUSEMENT PLACES Amusement device code adopted 6-161 ANIMALS AND FOWL Animal shelter Breaking open fences, gates, etc.; letting loose animals; etc 4-3 Beaches Use of vehicles and riding of animals prohibited 5-17 Bi1'd sari* uaxy City designated; shooting, molesting, etc., birds 4-4 Cats. See herein: Dogs and Cats Citations; penalties 4-30 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Cruelty to animals 4-5 Dogs and cats Damaging property 4-26 Definitions 4-21 Disturbing the peace 4-27 Impoundment 4-23 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25, 4-28 Rabies Dogs or cats suspected of having rabies 4-29 Registration and tagging required 4-22 Impoundment of unregistered dogs or cats 4-23 Registration and tagging Impoundment of unregistered dogs or cats 4-23 Supp. No. 18 2102 CODE INDEX Section ANIMALS AND FOWL—Cont'd. Required 4-22 Running at large 4-24 Vicious dogs 4-28 Vicious dogs 4-28 Zoning regulations for doghouses, pens, etc. Accessory uses by zoning district 24-151(b)(1) Enforcement 4-1 Hogs, keeping 4-7 Impounding officer Interfering with 4-2 Impounding vehicles Breaking open fastenings, etc.; letting loose animals; etc. 4-3 Impoundment of dogs or cats 4-23 Injuries caused by animals 4-9 Interfering with officers 4-2 Noise Animal or bird noises 11-9 Dogs or cats disturbing the peace 4-27 Nuisances. See also that subject Allowing animal carcass to remain in place 12-1(b)(1) Birds constituting nuisance 4-4 Dogs or cats running at large, etc 4-24 Keeping, feeding, etc., hogs, horses, chickens, etc., which may be injurious to health and well-being of persons 12-1(b)(5) Public sewers Depositing animal excrement 22-71 Registration Dogs and cats. See herein that subject Removal of animals from animal shelter or impounding vehicles 4-3 Running at large Dogs and cats. See herein that subject Stables, maintaining 4-7 Zoning regulations Doghouses, pens, etc. Accessory uses by zoning district 24-151(b)(1) ANNEXATION Certain ordinances saved from repeal 1-5 ANTENNAS, TOWERS Zoning regulations Accessory uses by zoning districts 24-151(b)(1) Height limitations for radio and television towers 24-156 APPROPRIATIONS. See: FINANCES ARRESTS Arsonists Reward for information leading to arrest and conviction . Supp. No. 18 2103 7-1 ATLANTIC BEACH CODE Section ARSONISTS Reward for information leading to conviction of 7-1 ASSESSMENTS Additional court costs assessed for police training 15-1 Insurance premium taxes, assessment of 20-76, 20-77 Special assessment liens 23-40 ATTORNEY. See: CITY ATTORNEY AUCTIONS Noise in public places generally 11-2 AUDITS Uniform travel policy and procedure Auditing of travel expense reports or vouchers 2-365 AWNING SIGNS Permitted signs 17-2(b)(6) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES B BAIL BONDS Additional court costs assessed for police training Forfeited bail bonds 15-1 BARRICADES Beaches, safety zones Provisions re barricades 5-i8 Building sewers and connections Barricading, restoring excavations 22-111 BASEMENTS Abandoned basements, nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Zoning regulations Temporary residence 24-82(h) BASKETBALL COURTS Zoning regulations Accessory uses by zoning district 24-151(b)(1) BEACHES Alcoholic beverages Consumption, possession of open containers upon public property Animals Safety zone Use of vehicle and riding of animals prohibited Supp. No. 18 2104 3-12 5-17 CODE INDEX Section BEACHES—Cont'd. Boats Operation of motorized boats within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 Closing during emergencies 5-1 Coastal construction code 6-18 et seq. See: PLANNING Dogs and cats running at large 4-24 Dogs upon beaches to leashed, muzzled, etc 4-25 Lifeguard activities Parking of sailboats not to obstruct 5-6 Lifeguard division Protecting safety and welfare of persons using beaches, etc 2-6 Littering 5-4 Motorized boats or other apparatus Operation of within 200 feet of beach 5-7 Operation of motorized apparatus within 200 feet of beach5-7 Parking of sailboats, catamarans, and vessels 5-8 Parking of sailboats not to obstruct lifeguard activities 5-6 Parks, playgrounds and recreation. See also that subject Picnicking 5-3 Safety zone Barricade 5-18 Establishment; hours and periods of use 5-16 Use of vehicles and riding of animals prohibited 5-17 Sailboats Parking not to obstruct lifeguard activities 5-6 Surfboards 5-5 Undressing or changing clothes 5-2 Vehicles Safety zone Use of vehicles prohibited 5-17 BEAUTIFICATION Community development board Duties of board re beautification of city BELLS Noise. See also that subject Ringing handbells, etc., in public places generally BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES 14-20(7) 11-2 BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUC- TURES Supp. No. 18 2105 ATLANTIC BEACH CODE Section BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; shooting, molesting, etc., birds4-4 BITES Dog bites, etc 4-28, 2-29 BLOCKS Subdivisions Design and construction standards 24-254 BLOWERS OR POWER FANS Muffling of 11-7 BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOAT TRAILERS. See: RECREATIONAL VEHICLES BOATS Beach regulations Operation of motorized apparatus within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities ... 5-6 BOND ISSUES Certain ordinances saved from repeal 1-5 BONDS, BAIL Additional court costs assessed for police training Forfeited bail bonds 15-1 BONDS, BID Purchasing procedure, bid deposits or bid bonds 2-333 BONDS, MAINTENANCE Subdivisions, assurance for completion and maintenance of improvements BONDS, PERFORMANCE Purchasing, bid procedure Performance and labor and material payment bonds 24-233 2-335(c) BONDS, PERSONAL Subdivision developers Personal bond with letter of credit 24-232(a)(3) BONDS, SURETY Signs and advertising structures Bond requirements for certain signs 17-3 Subdivision developers, surety bond to be furnished 24-232(a)(4) BOOKS Obscene matter prohibited 13-6 Supp. No. 18 2106 CODE INDEX BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal Director of finance's duties re See also: FINANCES BUILDINGS AND BUILDING REGULATIONS Building code Adoption Supp. No. 18 2107 Section 1-5 2-76 6-16 CODE INDEX Section DISASTERS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by fires, floods, etc 14-20(12) DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING DISEASES, DISEASE CONTROL Rabies 4-1 et seq. See: ANIMALS AND FOWL DISTRICTS Community development board Replanning, reconstructing, etc., of districts damaged by fire, earthquake, etc. 14-20(12) Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Zoning districts 24-101 et seq. See: ZONING DISTURBANCES OF THE PEACE Animals and fowl Dogs or cats disturbing the peace generally 4-27 DOGHOUSES Zoning regulations Accessory uses by zoning districts 24-151(b)(1) DOGS Regulated 4-21 et seq. See: ANIMALS AND FOWL DOORS AND WINDOWS Signs and advertising structures Obstructing doors and windows 17-6 Signs, posters, etc., prohibited on windows, doors, etc 17-8 DRAINAGE Mobile home parks and recreational vehicle parks Designed for drainage of surface water Nuisances Allowing or permitting stagnant water to accumulate upon surface of ground Discharge of water from water -source heat pumps into storm drainage systems Abatement of nuisances, etc. See: NUISANCES Sewers Building sewers and connections Foundation drains, surface runoff, etc. Supp. No. 18 2116.1 10-2 12-1(b)(4) 12-1(b) 22-108 ATLANTIC BEACH CODE DRAINAGE—Cont'd. Discharging groundwater, subsurface drainage, etc., into sanitary sewers Zoning regulations Planning unit development (PUD) Design and construction of facilities to prevent erosion, etc. Section 22-127 24-136(d) DRIVEWAYS Abandoned, wrecked, junked, etc., vehicles Left unattended in front of driveways 21-25(a)(1) Supp. No. 18 2116.2 CODE INDEX MINORS—Cont'd. Special functions Violations; penalties Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors Abatement of nuisances, etc. See: NUISANCES MISDEMEANORS State misdemeanors MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Coastal construction re See: COASTAL CONSTRUCTION CODE Code enforcement board's jurisdiction re See: CODE ENFORCEMENT BOARD Definitions Minimum requirements for parks Stopping, standing or parking of recreational vehicles Zoning regulations Water shortages Washing of trailers, boats, etc. Zoning regulations Accessory uses by zoning district Parking of recreational vehicles Storage and parking of vehicles and equipment in residen- tial districts Temporary construction offices Temporary residence, campers and trailers MONTH Defined MONUMENTS Subdivisions Design and construction standards Required improvements, monuments MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Barricades preventing entry of vehicles and other traffic Operation of motorized apparatus within 200 feet of beach Safety zones, use of vehicles prohibited Supp. No. 18 2131 Section 13-156 13-158 12-1(b)(6) 13-1 6-18 et seq. 2-146 10-1 10-2 21-22(b) 24-151(b)(1), 24-163 22-39(e) 24-151(b)(1) 24-163 24-168 24-82(h) 1-2 24-256 12-1(b)(4) 5-18 5-7 5-17 ATLANTIC BEACH CODE Section MOTOR VEHICLES AND OTHER VEHICLES Cont'd. Impounding vehicles for animals Breaking open gate, etc., of vehicle 4-3 Noise. See also that subject Blowing horns; taxicab drivers soliciting passengers; etc11-2 Use of sirens, whistles, etc., on vehicles 11-4 Nuisances enumerated 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES Obstruction of passage of vehicle 13-2 Recreational vehicles 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Traffic regulations 21-1 et seq. See: TRAFFIC Water shortages Washing of vehicles 22-39(e) Zoning regulations 24-163 et seq. See: ZONING MOTORIZED APPARATUS Beaches Operation of motorized apparatus within 200 feet of beach 5-7 MUFFLERS Noise provisions Muffling of blowers, power fans and engines 11-7 MULES Maintaining stable 4-7 MUSIC Noise provisions 11-2 et seq. See: NOISE MUZZLES Dogs 4-25, 4-28 N NATIONAL ORIGIN Discrimination because of, fair housing 9-16 et seq. See: FAIR HOUSING NESTS OF BIRDS OR WILD FOWL Molesting, etc. 4-4 NEWSPAPERS Obscene matter prohibited 13-6 Supp. No. 18 2132 CODE INDEX Section NIGHTTIME Mobile home parks and recreational vehicle parks Park or camp areas to be illuminated properly all night10-2(2) Noise provisions Building operations at night 11-6 NOISE Animal or bird noises 11-9 Dogs and cats disturbing the peace 4-27 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Building operations at night 11-6 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD General prohibitions 11-1 Loudspeakers Hours of use; permit requirements 11-8 Loudspeakers, alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Muffling of blowers, power fans and engines 11-7 Musical instruments Noise in public places generally 11-2 Playing of instruments generally 11-5 Use of instruments outdoors on own premises 11-3 Noise -producing equipment Use of instruments outdoors on own premises 11-3 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Public places, noise in generally 11-2 Schools, courts, churches Interfering with 11-10 Sirens, whistles, gongs, etc. Use of on vehicles prohibited 11-4 Zoning regulations Planned unit development (PUD) Privacy, reduction of noise 24-135(0 NONCONFORMING STRUCTURES Signs and advertising structures 17-17 NONCONFORMING USES OR BUILDINGS Zoning regulations 24-85 NUISANCES Abandoned, wrecked, junked, or inoperative property, etc. Declared nuisance 21-24(b) Abatement of conditions 12-2 Animals and fowl, nuisance provisions 4-4 et seq. See: ANIMALS AND FOWL Supp. No. 18 2133 ATLANTIC BEACH CODE Section NUISANCES—Cont'd. Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enumerated 12-1 Notices, hearings, abatement of conditions 12-2 Nuisance control board Certificate of appointment or reappointment 3-164 Chairman and vice chairman, designation of 2-163 Complaints 2-167 Created 2-161 Declaration of public nuisance 2-167 Hearings 2-167 Membership 2-162 Permanent injunctions . 2-168 Removal........... . ...... .2-162 Restrictions 2-169 Public sewers, use of Prohibited discharges creating public nuisance 22-129(2) Signs not kept in good condition, state of repair, etc., consti- tutes public nuisance 17-7 Violations, penalty 12-3 Zoning regulations Establishments offering dancing or live entertainment, creation of nuisance 24-155 NUMBER Defined 1-2 NUMBERING OF BUILDINGS Provisions re 6-106 et seq. cee. .B iLiR<o AND nVTLDI L4 REGULATIONS Subdivisions Design and construction standards Street names and house numbers 24-252(j) NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehi- cle parks 10-2(7) 0 OATH Code enforcement board's power to take testimony under oath 2-148 Defined 1-2 OBSCENITY. See: INDECENCY AND OBSCENITY OBSTRUCTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite obstructions, creating obstructions, etc Supp. No. 18 2134 21-25 CODE INDEX Section OBSTRUCTIONS—Cont'd. Lifeguard activities at beaches Parking of sailboats not to obstruct 5-6 Obstructing access to public buildings, etc. 13-2 Obstructing free passage over streets, sidewalks or other public ways 19-1 Ocean beach, safety zone Maintaining suitable obstructions or barricades 5-18 Public sewers, use of Discharges causing obstructions to flow in sewers 22-129(4) Signs and advertising structures Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view 17-5 Signs interfering with use of streets and sidewalks 17-4 Stopping, standing or parking vehicles alongside or opposite any street excavation or obstruction 21-17(7) Zoning regulations Obstructions in yards 24-84 OCEAN BEACH Safety zone of Ocean Beach 5-16 et seq. See: BEACHES OCCUPATIONAL LICENSE TAX Provisions re 20-51 et seq. See: TAXATION ODORS Garden trash giving off offensive odors 16-7 Nuisances. See also that subject Keeping of animals, chickens, etc., creating noxious odors 12-1(b)(5) Public sewers, use of Limitations on discharge concentrations or quantities Waters or wastes containing odor -producing substances 22-130(6) OFFENSES Miscellaneous offenses and regulations 13-1 et seq. Specific penalties, remedies, etc. See specific offenses as indexed alphabetically according to subject OFFICERS AND EMPLOYEES Benefits of employees 2-241 et seq. See also herein specific subjects Birthday, employees 2-226 Board of trustees of city employee's retirement system. See herein: Retirement System Building official 6-108 et seq. See: BUILDINGS AND BUILDING REGULATIONS Chief of fire department 7-17 et seq. See: FIRE DEPARTMENT Supp. No. 18 2134.1 ATLANTIC BEACH CODE Section OFFICERS AND EMPLOYEES—Cont'd. Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from Deaths Retirement system. See herein Defense of civil actions against; settlements repeal that subject payment of judgments or 1-5 2-1 Definition 1-2 Director of finance 2-71 et seq. See: FINANCES Director of public safety Disability retirement Retirement system. See herein that subject Electrical inspector 6-36 et seq. See: ELECTRICAL CODE Holiday schedule 2-226 Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined Life guard captain Old -age and survivors insurance Appropriations and payment of contributions by city Custodian of funds and withholding and reporting agent Designation of Exclusions Executive of agreements by mayor -commissioner Records and reports Social Security Act, acceptance of Statement of policy Withholdings from wages Pensions Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS Retirement system Assignments prohibited Benefit groups Benefit limitations and required distributions Board of trustees Actuarial data; report to city commission Compensation Composition Meetings, quorum, voting Responsibilities and duties generally Term of office; oath of office 2-41 1-2 2-63 2-244 2-248 2-246 2-242 2_9,A.5 2-247 2-241 2-243 Supp. No. 18 2134.2 2-295 2-263 2-299 2-265 2-269 2-266 2-269 2-264 2-267 CODE INDEX Section OFFICERS AND EMPLOYEES—Cont'd. Vacancy, filling 2-268 Voting 2-269 Chairperson, secretary, treasurer, etc 2-270 Compulsory separation from employment; extensions; re- tirement 2-277 Created, purpose 2-261 Supp. No. 18 2134.3 CODE INDEX Section STATE HIGHWAY RIGHTS-OF-WAY Maintenance of signs on 17-35 STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STATIC ELECTRICITY Signs and advertising structures, provisions re static 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 STORMWATER 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 Supp. No. 18 2147 ATLANTIC BEACH CODE Section STORMWATER MANAGEMENT—Cont'd. Collection 22-310 Comprehensive plan re 22-304 Customer base 22-308 Definitions 22-303 Directors 22-306 Enterprise fund 22-309 Findings of fact 22-302 Powers and duties 22-307 Rates and charges Appeal process 22-337 Definitions 22-333 Enforcement 22-336 Fee schedule 22-335 Findings of fact.... „ . 22-332 Short title 22-331 Utility fee category 22-334 Violations and penalties 22-336 Short title 22-301 Utility established 22-305 STREAMS. See: WATERCOURSES, WATERWAYS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25 Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc 22-111 Closing of streets for various events 19-3 Commercial and recreational vehicles Stopping, standing or parking upon any street 21-22 Community development board 14-16 et seq. See: PLANNING Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed, muzzled, etc. 4-25 Dogs or cats running at large on public streets 4-24 Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(a)(2) Digging up streets prohibited; exception as to public util- ities; etc. 19-2 Stopping, standing or parking vehicles alongside or oppo- site any street excavation 21-17(7) Supp. No. 18 2148 CODE INDEX Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES— Cont'd. Garbage, trash, etc. Depositing on streets, etc. 16-7 Loitering, obstructions, etc., in public places 13-2 Minors on streets and in public places 13-151 et seq. See: MINORS Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Noises. See also that subject Creating excessive noise on streets adjacent to schools, churches, etc 11-10 Loudspeakers, use of in public places 11-8 Noises in public places generally 11-2 Playing a musical instrument in public places 11-5 Use of noise -producing instruments outdoors on own prem- ises Facing upon public or private streets 11-3 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto public streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets12-1(b)(2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or oppo- site street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Public place defined 1-2 Signs and advertising structures Interference with use of streets and sidewalks 17-4 Maximum height above sidewalks 17-9 Obstructing vision or view at street intersection 17-5 Signs, posters, etc., prohibited on streets and sidewalks 17-8 Special events 19-4 Closing of streets for various events 19-3 Stopping, standing or parking vehicle alongside or opposite street excavation 21-17(6) Stopping, standing or parking vehicle on sidewalks 21-17(1) Subdivisions Design and construction standards 24-252 Vacating Certain ordinances saved from repeal 1-5 Supp. No. 18 2148.1 ATLANTIC BEACH CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES— Cont'd. Waterworks system Extensions of water mains in existing streets 22-38 Zoning regulations Planned unit development (PUD) Street design 24-136(e) SUBDIVISIONS Adoption; authority 24-1 Amendments 24-4 Application procedure Completion of improvements prior to recording of plat24-232 Concept plan; submittals and review process Fees 24-203(c) Required submittals 24-203(a) Review process 24-203(b) Time limit 24-203(d) Construction plans, specifications and permits Certification of permanent reference marker location 24-206(e) City commission action 24-206(d) Intent 24-206(a) Issuance of construction permit 24-206(f) Required submittals 24-206(b) Sewer and water commitment 24-206(c) Term of construction permit and revocation 24-206(g) Unlawful to construct without construction permit 24-206(h) Final plat; submittals and review process Fees 24-205(c) Required sub nii ais 24-205(a) Review process 24-205(b) Flood hazard reduction standards 8-34 General requirements 24-201 Permits. See within this subheading: Construction Plans, Specifications and Permits Plat review procedure 24-202 Preliminary plat; submittals and review process Construction plan and specification review 24-204(e) Fees 24-204(c) Required submittals 24-204(a) Review process 24-204(b) Time limit 24-204(d) Vacation of plats 24-189 Blocks Design and construction standards 24-254 Building setback lines Design and construction standards, lots 24-255(0 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board, duties re subdividing land. 14-20 Supp. No. 18 2148.2 CODE INDEX Section SUBDIVISIONS—Cont'd. Construction Commencement of construction 24-231 Design and construction standards. See herein that sub- ject Final plat Construction plans and specifications 24-205(a)(1) Preliminary plat Construction plan 24-204(e) Construction plans Application procedure. See herein that subject Definitions 24-17 Design and construction standards Blocks 24-254 Conformity to city policies 24-251(1) Construction plans and specifications, general 24-251(5) Easements Drainage, watercourses 24-253(b) Other drainage easements 24-253(c) No city expense 24-253(e) Pedestrian and service easements 24-253(d) Utilities 24-253(a) General construction methods 24-251(4) General requirements 24-251 Supp. No. 18 2148.3 CODE INDEX Section TREES AND SHRUBBERY—Cont'd. Garbage and refuse collection and disposal Garden trash, compost piles 16-7 Leaves and grass clippings; tree trunks limbs, etc 16-5 Signs, posters, etc., prohibited on trees 17-8 Subdivisions Design and construction standards Natural features, use of 24-251(2) Required improvements Clearing and grading rights-of-way 24-257 Tree protection Applicability 23-17 Definitions 23-16 Development 23-17 Enforcement 23-17 Exceptions 23-25 Inspections 23-22 Intent 23-15 Mitigation 23-17 Permits 23-17 Removal of trees 23-17 Standards 23-17 Tree conservation board 23-19 Violations and penalties 23-17 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 Supp. No. 18 2157 ATLANTIC BEACH CODE Section UTILITIES—Cont'd. 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 Voluntary collection program/trust fund Assist needy with utility bills 22-3 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM 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) Tree protection regulations generally 23-15 et seq. See: TREES AND SHRUBBERY 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 Supp. No. 18 2158 CODE INDEX Section 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 Accessory uses by zoning districts 24-151(b)(1) W WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES WAREHOUSES Zoning regulations ILW industrial light and warehousing districts 24-112 Miniwarehouses 24-160 Supp. No. 18 2158.1