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AB Code Supplement 21SUPPLEMENT NO. 21 May 1999 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. 75-98-13, adopted December 14, 1998. See the Code Comparative Table for further information. Remove old pages Insert new pages ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 174.1-188 174.1-187 301-306 301-307 477, 478 477, 478 1161, 1162 1161-1162.1 1221, 1222 1221, 1222 1233 1233-1240 1999 1999, 2000 2053-2055 2053-2055 2101-2106 2101-2106 2127-2132 2127-2132 2135-2140 2135-2140 2153, 2154 2153-2154.1 2158.1 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 (850) 576-3171 1 -800 -262 -CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of the City at Time of Codification iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [11 PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers1 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 Supp. No. 21 ix ATLANTIC BEACH CODE Chapter Page Div. 2. Police Department 163 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 186 Div. 1. Generally 186 Div. 2. Purchasing 188.2 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 304 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 Art. II. Building Code 407 Art. III. Electrical Code 413 Art. W Plumbing Code 417 Art. V. Mechanical Code 419 Art. VI. Swimming Pool Code 421 Art. VII. Numbering of Buildings 422 Art. VIII. Housing Code 424 Art. IX. Gas Code 424 Art. X. Amusement Device Code 425 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention and Life Safety 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 Art. I. In General Supp. No. 21 x 577 577 TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Fair Housing 577 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. W. Insurance Premium Taxes 1177 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 Art. IV. Motor Vehicle Title Loans 1233 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 Supp. No. 21 xi ATLANTIC BEACH CODE Chapter Page Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1294.1 Div. 8. Sewer System Extensions 1299 Art. IV. Stormwater Management 1301 Div. 1. Generally 1301 Div. 2. Rates and Charges 1305 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. 21 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 159, 160 8 iii 20 161, 162 19 v, vi OC 163, 164 17 vii, viii 1 165, 166 18 ix, x 21 167, 168 18 xi, xii 21 169, 170 18 1, 2 19 171 18 3, 4 14 172.1, 172.2 15 5, 6 14 173, 174 11 7, 8 14 174.1, 174.2 21 9, 10 14 174.3, 174.4 21 11, 12 14 174.5, 174.6 21 13, 14 14 174.7, 174.8 21 15, 16 14 175, 176 21 17, 18 14 177, 178 21 19, 20 14 179, 180 21 21, 22 14 181, 182 21 79 5, Add. 183, 184 21 91 19 185, 186 21 103, 104 OC 187 21 105, 106 OC 188.1, 188.2 13 107, 108 13 189, 190 18 155, 156 12 190.1 18 157 12 191, 192 OC Supp. No. 21 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 193, 194 OC 735, 736 10 195, 196 14 737 10 245, 246 19 787, 788 8 246.1 19 789, 790 8 247, 248 16 791, 792 12 299, 300 18 793 12 301, 302 21 839, 840 11 303, 304 21 841, 842 5 305, 306 21 843 5 307 21 891, 892 12 353, 354 18 893 12 355 18 943, 944 16 407, 408 20 945, 946 16 409 18 947, 948 20 410.1, 410.2 5 949 20 410.3, 410.4 5 995, 996 19 411, 412 18 997, 998 19 413, 414 18 999, 1000 19 415, 416 18 1001, 1002 19 417, 418 20 1003, 1004 19 419, 420 20 1055, 1056 15 421, 422 20 1057, 1058 15 423, 424 20 1059 15 425 20 1107, 1108 18 469, 470 20 1157, 1158 OC 471, 472 20 1159, 1160 2 473, 474 20 1161, 1162 21 475,476 20 11621 91 477, 478 21 1163, 1164 20 479, 480 20 1165, 1166 20 521, 522 6 1167, 1168 20 523, 524 6 1169, 1170 20 525, 526 6 1171, 1172 20 527, 528 6 1173, 1174 20 529, 530 6 1175, 1176 20 531, 532 6 1177 20 533, 534 6 1221, 1222 21 535 6 1223, 1224 19 577, 578 OC 1224.1 19 579, 580 OC 1225, 1226 12 581 OC 1227, 1228 12 631, 632 OC 1229, 1230 12 683, 684 OC 1231, 1232 12 685 OC 1233, 1234 21 Supp. No. 21 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1235, 1236 21 1423, 1424 5 1237, 1238 21 1425, 1426 5 1239, 1240 21 1427, 1428 5 1275, 1276 18 1429, 1430 11 1277, 1278 18 1431, 1432 11 1279, 1280 18 1432.1 11 1281, 1282 18 1433, 1434 6 1283 18 1435, 1436 5 1284.1, 1284.2 13 1437, 1438 6 1284.3, 1284.4 13 1438.1 6 1284.5 13 1439, 1440 5 1285, 1286 OC 1441, 1442 7 1287, 1288 16 1443, 1444 7 1288.1 16 1444.1 7 1289, 1290 OC 1445, 1446 5 1291, 1292 OC 1446.1, 1446.2 5 1293, 1294 OC 1447, 1448 OC 1294.1, 1294.2 16 1449, 1450 5 1295, 1296 16 1451, 1452 OC 1297 17 1453, 1454 4 1298.1, 1298.2 3 1455, 1456 8 1299, 1300 OC 1457, 1458 19 1301, 1302 11 1458.1 19 1303, 1304 11 1459, 1460 6 1305, 1306 11 1461, 1462 6 1307, 1308 11 1463, 1464 17 1351, 1352 17 1465, 1466 17 1353, 1354 17 1466.1, 1466.2 17 1355, 1356 17 1466.3, 1466.4 17 1357, 1358 17 1466.5, 1466.6 17 1359, 1360 17 1466.7 17 1361, 1362 17 1467, 1468 OC 1363 17 1469, 1470 OC 1403, 1404 17 1471, 1472 OC 1405, 1406 3 1473, 1474 OC 1407, 1408 OC 1475, 1476 3 1409, 1410 12 1477, 1478 OC 1411, 1412 12 1479, 1480 OC 1412.1 12 1481, 1482 OC 1413, 1414 5 1483 OC 1415, 1416 5 1983, 1984 OC 1417, 1418 10 1985 OC 1419, 1420 12 1987, 1988 OC 1421, 1422 5 1989, 1990 OC Supp. No. 21 [3] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1991, 1992 2 2154.1 21 1993, 1994 6 2155, 2156 19 1995, 1996 13 2157, 2158 19 1997, 1998 18 2158.1 21 1999, 2000 21 2159, 2160 13 2043 OC 2161, 2162 16 2053, 2054 21 2162.1, 2162.2 19 2055 21 2163, 2164 6 2081, 2082 14 2165, 2166 17 2083, 2084 14 2166.1 17 2085, 2086 14 2167, 2168 OC 2087, 2088 14 2169, 2170 5 2101, 2102 21 2171, 2172 5 2103, 2104 21 2105, 2106 21 2107, 2108 20 2111, 2112 17 2113, 2114 19 2115, 2116 17 2116.1, 2116.2 18 2117, 2118 19 2119, 2120 20 2121, 2122 20 2122.1 20 2123, 2124 16 2124.1, 2124.2 16 2125, 2126 9 9127 2128 21 2129, 2130 21 2131, 2132 21 2133, 2134 18 2134.1, 2134.2 18 2135, 2136 21 2137, 2138 21 2139, 2140 21 2141, 2142 20 2143, 2144 20 2145, 2146 20 2147, 2148 20 2148.1, 2148.2 18 2148.3 18 2149, 2150 OC 2151, 2152 17 2153, 2154 21 Supp. No. 21 [4] ADMINISTRATION § 2-263 the rank of firefighter or higher, including probationary firefighter. The term firefighter shall not include any civilian city employee employed in the fire department, any person employed as a firefighter for an emergency, or any person privately employed as a firefighter. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Police officer shall mean a city employee employed by the police department who is certified or required to be certified as a law enforcement officer in compliance with Sections 943.13 and 943.14, Florida Statutes, and who holds the rank of patrol officer or higher, including probationary patrol officer. The term police officer shall not include any civilian city employee employed in the police department, any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board of trustees shall from time to time adopt. Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement systems or system shall mean the city retirement system created and established by this division. Service shall mean personal service rendered to the city by a city employee. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child pursuant to any workers' compensation or similar law. Redemptions or settlements of a workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determination of workers' compensation benefits. (Ord. No. 58-75-4, § 2, 12-22-75; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-98-25, § 1, 11-23-98) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-263. Benefit groups. (a) The following benefit groups are hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount: (1) Benefit group general shall consist of all members not included in one of the benefit groups which follow; Supp. No. 21 174.1 § 2-263 ATLANTIC BEACH CODE (2) Benefit group fire shall consist of all members who are also firefighters; (3) Benefit group police shall consist of all members who are also police officers. (b) Benefit eligibility conditions shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in each benefit group. (Ord. No. 58-75-4, § 3, 12-22-75) Sec. 2-264. Board of trustees—Responsibilities and duties generally. The general administration, management, and responsibility for the proper operation of the retirement system, for construing, interpreting, and making effective the provisions of this division, and for making recommendations to the city commission on matters concerning this retirement system are vested in the board of trustees. (Ord. No. 58-75-4, § 4, 12-22-75; Ord. No. 58-98-25, § 2, 11-23-98) Cross reference—Boards and commissions generally, § 2-131 et seq. Sec. 2-265. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render a report to the city commission on or before the first day of April of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-75-4, § 10, 12-22-75) Sec. 2.266. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2) residents of the city to be selected by the city commission and serve at the pleasure of the city commission; (2) One (1) member of the retirement system who is either a police officer or a firefighter, but not the chief of either department to be elected by the members of the retirement system who are also police officers or firefighters; (3) One (1) member of the retirement system who is neither a police officer nor firefighter to be elected by the members of the retirement system who are neither police officers or firefighters; (4) One (1) resident of the city to be selected by the other four (4) members of the board of trustees, and whose appointment shall be confirmed by a vote of the city commission. Supp. No. 21 174.2 ADMINISTRATION § 2-269 The elections provided for in subsections (2) and (3) of this section shall be held in accordance with such rules as the board of trustees shall from time to time adopt. (Ord. No. 58-75-4, § 5, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-267. Same—Term of office; oath of office. The regular term of office of a member of the board of trustees shall be four (4) years for civilian members, and four (4) years for employee representatives, unless they terminate employment, whereupon a new election will be held by the members of the plan to fill the unexpired term of their trustee representatives, and one (1) year for the trustee selected by the other four (4) members of the board. Each trustee shall, before assuming the duties of trustees, qualify by taking an oath of office to be administered by the city clerk, whereupon a trustee's term of office shall begin. However, upon the expiration of the terms of the civilian trustees and employee representative trustees in office at the time this article is adopted, the term of the next succeeding civilian member shall be for one (1) year, the term for the next succeeding police officer or firefighter representative shall be for two (2) years and the term for the next succeeding non -police officer non -firefighter employee representative shall be for three (3) years, with all civilian member and employee representative trustees having four-year terms thereafter. (Ord. No. 58-75-4, § 6; 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 3, 11-23-98) Sec. 2-268. Same—Vacancy; filling of vacancy. (a) A vacancy shall occur on the board of trustees if any member shall resign or any employee representative ceases to be employed by the city. A vacancy shall occur on the board if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, if applicable, in the same manner as the position was previously filled. (Ord. No. 58-75-4, § 7, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 4, 11-23-98) Sec. 2-269. Same—Meetings; quorum; voting; compensation. The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall designate the time and place of each meeting. All meetings of the board shall be open to the public. Notice of such meetings shall be posted on employee bulletin boards so that employees will be aware of the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each question before the board. Supp. No. 21 174.3 § 2-269 ATLANTIC BEACH CODE Trustees shall serve without compensation for their services as trustees, but shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and in performing required duties as trustees. (Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-270. Officers and employed services. The officers and employed services of the retirement system shall be as follows: (1) Chairperson: The board shall annually elect a chairperson and a chairperson pro tem from its members. (2) Secretary: The board shall annually elect a secretary from its members who shall sign the minutes of each meeting and be the custodian of the retirement system's records. (3) Treasurer: The director of finance shall be treasurer of the retirement system. The treasurer shall be custodian of the assets of the retirement system except as to the assets as the board may from time to time place in the custody of a nationally chartered bank or approved financial manager. (4) Legal advisor: The board is empowered to employ independent legal counsel but is authorized to utilize the services of the city attorney. (5) Actuary: The board shall appoint an actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partner- ship or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (6) Administrative manager: The board may employ or contract for the services of an individual, firm or corporation, to be known as the "administrative manager", who shall under the direction of the board or any appropriate committee thereof, be ministerially responsible to: a. Administer the office or offices of the retirement system and of the board; b. Coordinate and administer the accounting, bookkeeping and clerical services; c. Provide for the coordination of actuarial services furnished by the actuary; d. Prepare (in cooperation or appropriate with the consulting actuary or other advisors) reports and other documents to be prepared, filed or disseminated by or on behalf of the retirement system in accordance with law; e. Perform such other duties and furnish such other services as may be assigned, delegated or directed or as may be contracted by or on behalf of the board. Supp. No. 21 174.4 ADMINISTRATION § 2-272 (7) Services: The board is authorized and empowered to employ such professional, medical, technical or other advisors as are required for the proper administration of the retirement system. These services shall be obtained and the compensation for these services shall be determined in accordance with procedures established by the board. (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-98-25, §§ 5-8, 11-23-98) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (2) Any city managerial or professional employee who is employed pursuant to an individual contract of employment which does not provide for the employee's partici- pation in this retirement system; (3) Elected officials of the city; (4) Positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (5) Temporary employees; (6) Any person initially employed as or promoted to a position designated by the city as executive or department head shall elect to participate or not participate in the retirement system. Such election shall be irrevocable for as long as the employee holds such executive or department head position. Should any such member elect to discontinue participation in the retirement system, the member's entitlement to benefits hereunder shall be governed by the system's provisions in effect at the time of such discontinuance. (c) An individual shall cease to be a member upon termination of employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more hours of work in a year, or upon becoming employed in an excluded position. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86; Ord. No. 58-93-19, § 1, 9- 27-93; Ord. No. 58-98-25, § 9, 11-23-98) Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of Chapters 175 and 185, Florida Statutes. In no case shall more than one (1) year of credited service be credited on Supp. No. 21 174.5 § 2-272 ATLANTIC BEACH CODE account of all service rendered by a member in any one period of twelve (12) consecutive calendar: months. Service shall be credited to the nearest one -twelfth of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. (Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91) Sec. 2-273. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-274. Reinstatement of credited service. A member's forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture, provided that the member repays to the retirement system the contributions refunded under subsection 2-298(d) hereof plus interest at the actuarially assumed rate in accordance with terms established by the board of trustees. (Ord. No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98) Sec. 2-275. Military service credit. (a) A member of the retirement system who leaves or left city employment to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commission shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city within one (1) year from and after the date of termination of such active duty; (2) In no case shall more than six (6) years of service be created on account of all military service. (3) Notwithstanding any provision of this article to the contrary, contributions, benefits and servicecredit with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section. (Ord. No. 58-75-4, § 15, 12-22-75; Ord. No. 58-98-25, § 11, 11-23-98) Sec. 2-276. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date retirement is to be effective; Supp. No. 21 174.6 ADMINISTRATION § 2-278 (2) The member terminates all of his/her city employment normally requiring one thousand (1,000) hours of work or more per annum on or before the date retirement is to be effective; (3) The member has met one of the age and service requirements for retirement specified in subsection (b) applicable to the member's benefit group. Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281. (b) The age and service requirements for voluntary retirement are as follows: (1) Benefit group fire. The member has attained age fifty (50) years or older and has twenty (20) or more years of credited service in force; the member at any age has twenty-five (25) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (2) Benefit group police. The member has attained age fifty (50) years or older and has twenty (20) or more years of credited service in force; the member at any age has twenty-five (25) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (3) Benefit group general. The member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force. (c) Employment after retirement: (1) Any person who has retired as a member of this retirement system may be reemployed by the city in a position normally requiring less than one thousand (1,000) hours of work per annum and receive retirement benefits from his/her previous employment and compensation from his/her reemployment. (2) Any person who has retired as a member of this retirement system and is subsequently reemployed by the city in any position normally requiring one thousand (1,000) hours or more of work per annum shall have his/her pension benefit suspended during the period of such reemployment and shall receive additional credited service from his/her reemployment. (Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-91-14, § 1, 4-8-91; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-98-25, §§ 12, 13, 11-23-98) Sec. 2-277. Reserved. Editor's note—Ord. No. 58-98-25, § 14, adopted Nov. 23, 1998, repealed § 2-277 which pertained to compulsory separation from employment; extensions; retirement, and derived from Ord. No. 58-75-4, § 17, adopted Dec. 22, 1975 and Ord. No. 58-87-10, § 1, adopted Nov. 23, 1987. Sec. 2-278. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment prior to satisfying the requirements for voluntary retirement under section 2-276 for a reason other than retirement or death, who has not received a refund of his or her member contributions, and Supp. No. 21 174.7 § 2-278 ATLANTIC BEACH CODE who has the applicable period of credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-276. Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-281 as the subsections were in force at the time a member left city employment. (b) The credited service requirement for separation from city employment with entitlement to deferred retirement is: (1) Benefit group fire: Five (5) years; (2) Benefit group police: Five (5) years; (3) Benefit group general: Five (5) years. (Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 15, 11-23-98) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) A member having five (5) or more continuous years of credited service and having contributed to the retirement system for five (5) years or more may retire from the service of the city if he becomes totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c). Such retirement shall herein be referred to as "disability retirement." The five (5) years of credited service requirement shall not apply to police officers and firefighters disabled (as defined herein) in the line of duty. The minimum benefit for any police officer or firefighter disabled in the line of duty shall be forty-two (42) percent of the final average compensation, regardless of years of credited service. (1) For fire and police groups any permanent disability, as defined in subsection (a) of this section, which is the result of or caused by tuberculosis, hepatitis, meningococcal meningitis, hypertension, heart disease or hardening of the arteries shall be presumed to have been incurred in the line of duty unless the contrary is shown by competent evidence or unless a physical examination of the member conducted upon initial hiring by the city revealed the existence of such condition at that time, and provided that a member claiming disability due to tuberculosis or meningococcal meningitis provides the affidavit required by F.S. § 112.181(2). (b) A member will be considered disabled if, in the opinion of the board of trustees, the member is totally and permanently prevented from rendering useful and efficient service: (1) As a firefighter, if a member of benefit group fire; (2) As a police officer, if a member of benefit group police; or (3) As a city employee, if a member of benefit group general. If a firefighter or a police officer is found by the board of trustees to have been disabled in the line of duty, total disability shall be determined on the basis of rendering useful and efficient service as a firefighter or police officer, as the case may be. Supp. No. 21 174.8 ADMINISTRATION § 2-279 To the extent required by Florida Statutes, any condition or impairment of the health of a firefighter or police officer resulting from conditions specified by Florida Statutes shall be presumed to have been incurred in the line of duty unless shown to the contrary by competent evidence; provided, the firefighter or police officer shall have successfully passed a physical examination upon entering into service with the city as a firefighter or police officer and the examination failed to reveal evidence of a presumptive condition. (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has terminated. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses to submit to such an examination, the member's disability pension shall be suspended until such time as the member submits to the examination. (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his normal retirement date is the monthly income computed according to the applicable subsections of section 2-281 or, if a police officer or firefighter, forty-two (42) percent of final average compensation, whichever is greater. (f) The monthly retirement income as computed in section 2-281 to which a member is entitled in the event of his disability retirement shall be payable monthly after the board of trustees determine such entitlement retroactive to the date of application or the last day on payroll, whichever is later. If the member recovers from the disability prior to his normal retirement date, the last payment will be the payment due next preceding the date of such recovery. If the member dies without recovering from his disability or attains his normal retirement date while still disabled, the last payment will be the payment due next preceding his death. (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein means the ability of the member to render useful and Supp. No. 21 175 § 2-279 ATLANTIC BEACH CODE efficient service as an employee of the city within the benefit group to which the member belonged at the time the disability benefit was granted, regardless of whether the member is reemployed by the city. (h) If the member recovers from disability and reenters the service of the city as an employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received disability retirement income payment and ending with the date he reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-98-25, § 16, 11-23-98) Sec. 2-280. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical examination if the disability retirant has not attained the following applicable age: (1) Benefit group fire: Age sixty (60) years; (2) Benefit group police: Age sixty (60) years; (3) Benefit group general: Age sixty (60) years. (b) If a disability retirant refuses to submit to a medical examination payment of the disability pension may be suspended by the board of trustees until withdrawal of the refusal. Should refusal continue for one (1) year all the disability retirant's rights in and to a disability pension may be revoked by the board of trustees. (c) A disability retirant who has been restored to employment with the city as provided in :eu scot.c r(a) shall again a beco ue a .umber of he retirement system. Service shall be _ tedited for the period the disability retirant was being paid a disability pension. (Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98) Sec. 2-281. Amount of level straight life pension. (a) Benefit group fire. Subject to section 2-285, the amount of level straight life pension of the retirement system member shall be equal to the retiring member's benefit group fire credited service multiplied by three (3) percent of the retiring member's final average compensation. (b) Benefit group police. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group police credited service multiplied by three (3) percent of the retiring member's final average compensation. (c) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multiplied by the sum of two and eighty-five hundredths (2.85) percent of the retiring member's final average compensation. Supp. No. 21 176 ADMINISTRATION § 2-283 (d) Cost -of -living adjustment. All retirement system members and beneficiaries who retired prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. (Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1, 9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-97-23, § 1, 7-14-97) Sec. 2-282. Optional forms of pension payment. A member of the retirement system may elect to be paid under one (1) of the following optional forms of payment in lieu of the level straight life form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not made. The amount of pension under Option A and Option B shall be the actuarial equivalent of the amount of pension under the level straight life form of payment. In no event may a member's annual benefit exceed the lesser of: (1) Option A; one hundred percent survivor pension: Under Option A, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (2) Option B; fifty percent survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be continued throughout the future lifetime of and paid to such person having an insurable interest in the retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (3) Option C; social security coordinated pension: Under Option C, a retirant shall be paid an increased pension to attainment of the age when the retirant is eligible to receive regular social security retirement benefits, and a reduced pension thereafter. The increased pension paid to attainment of regular social security retirement age shall approximate the sum of the reduced pension payable thereafter plus the retirant's estimated social security primary insurance amount. (4) Other benefit form: Any other actuarially equivalent form of benefit requested by a member and approved, in their sole discretion, by the board of trustees. (Ord. No. 58-75-4, § 22, 12-22-75; Ord. No. 58-98-25, § 18, 11-23-98) Sec. 2-283. Death while in city employment; elective survivor pension. (a) Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. Supp. No. 21 177 § 2-283 ATLANTIC BEACH CODE (b) Upon the death of a member who has a valid nomination -of -beneficiary in force, the beneficiary, if living, shall be paid a level straight life pension computed according to section 2-281 in the same manner in all respects as if the member had elected Option A provided in section 2-282 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Upon a member's retirement, resignation or termination as a city employee, eligibility for the death benefit payable under this section will automatically terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, may be paid in the discretion of the board of trustees either to: (i) Any one (1) or more of the persons comprising the group consisting of the member's spouse, the member's descendants, the member's parents, or the member's heirs at law, and the board of trustees may pay the entire benefit to any member of such group or portion such benefit among any two (2) or more of them in such shares as the board of trustees, in its sole discretion, shall determine; or (ii) The estate of such member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to the power and discretion conferred upon the board of trustees by the preceding sentence shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. (Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-98-25, § 19, 11-23-98) Sec. 2-284. Alternate death while in city employment; pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c) of this section or, if the member designated the member's spouse or children, as set forth below, the benefits provided in section 2-283, whichever are greater, shall be paid if a member of the retirement system who has five (5) or more years of credited service and dies while in the employ of the city. The provisions of this section shall not apply in the case of death of a member who has a valid designation of beneficiary, other than the member's spouse or children as set forth below, in force pursuant to section 2-283. (b) The person to whom the deceased member was married at the time of death shall be paid a pension equal to a percent of the amount of level straight life pension computed according to the applicable subsection of section 2-281, based on the deceased member's final average compensation and credited service. The percent shall be equal to the applicable following percent: (1) Benefit group fire: Seventy-five (75) percent; (2) Benefit group police: Seventy-five (75) percent; Supp. No. 21 178 ADMINISTRATION § 2-285 (3) Benefit group general: Seventy-five (75) percent. A surviving spouse's pension shall terminate upon death. (c) The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution, shall each be paid an equal share of a level straight life pension computed according to the applicable subsection of section 2-281, based on the deceased member's final average compensation and credited service. The percent shall be equal to the applicable following percent: (1) Benefit group fire. Zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b). Fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b); (2) Benefit group police. Zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b). Fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b); (3) Benefit group general. Zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b). Fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b). A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen (19), upon no longer being enrolled as a full-time student in an educational institution, marriage, or death, and the pension of each remaining eligible child shall be recomputed. (Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 20, 11-23-98) Sec. 2-285. Maximum amount of pension. (a) The normal retirement pension payable to a member of the retirement system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his final average compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attribut- able to cost -of -living increases or adjustments. (b) No member of the system covered by this article who is not now a member of such system shall be allowed to receive a retirement pension which is, in part or in whole, based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement pension from another retirement system or plan; provided that this restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. (c) In no event may a member's annual benefit exceed the lesser of: (1) One hundred fifty thousand dollars ($150,000.00) (adjusted for cost of living in accordance with Section 415(d) of the Internal Revenue Code, but only for the year in which such adjustment is effective); or Supp. No. 21 179 § 2-285 ATLANTIC BEACH CODE (2) Notwithstanding the provisions of paragraphs (a) and (b) above, the annual benefit payable to a member having at least fifteen (15) years of service shall not be less than the annually adjusted amount provided in the provisions of IRC Section 415(d). (3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal Revenue Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year beginning after December 31, 1995. (4) If the member has less than ten (10) years of service with the employer (as defined in Section 415(b)(5) of the Internal Revenue Code and as modified by Section 415(b)(6)(D) of the Internal; Revenue Code), the applicable limitation in subsection (1) or subsection (2) of this subsection shall be reduced by multiplying such limitation by a fraction, not to exceed one (1). The numerator of such fraction shall be the number of years, or part thereof, of service with the employer; the denominator shall be ten (10) years. For purposes of this subsection, annual benefit means a benefit payable annually in the form of a straight-line annuity with no ancillary or incidental benefits and with no member or rollover contributions. To the extent that ancillary benefits are provided, the limits set forth in subsections (1) and (2) of this subsection will be reduced actuarially, using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as described in subsection (1) of this subsection shall be reduced actuarially using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation; however, retirement benefits shall not be reduced below seventy-five thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If retirement benefits begin after age sixty-five (65), the dollar limitation of subsection (1) of thus subsection shall be increased actuarially using an interest assumption equal to the lesser of five (5) percent or the interest rate used in the most recent annual actuarial valuation. For purposes of this subsection, average annual compensation for a member's three (3) highest paid consecutive years means the member's greatest aggregate compensation during the periodof three (3) consecutive years in which the individual was an active member of the plan. The special maximum retirement income limitation applicable to police officers at the normal retirement date shall be as set forth in Section 415(G) and (H) of the Internal Revenue Code of 1986 and amendments thereto and such amount shall be adjusted in accordance with regulations promulgated by the secretary of the treasury or his/her delegate. (Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-98-25, § 21, 11-23-98) State law reference—Limitation of benefits, F.S. § 112.65. Sec. 2-286. Subrogation rights. If a member of the retirement system, retirant or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the retirement system Supp. No. 21 180 ADMINISTRATION § 2-289 shall be subrogated to the rights of such member, retirant or beneficiary against such third party to the extent of pensions which the retirement system pays or becomes liable to pay on account of such accident or injury. (Ord. No. 58-75-4, § 26, 12-22-75; Ord. No. 58-98-25, § 22, 11-23-98) Sec. 2-287. Reserved. Editor's note—Ord. No. 58-98-25, § 23, adopted Nov. 23, 1998, repealed § 2-287 which pertained to reserve for retired benefit payments and derived from Ord. No. 58-75-4, § 27, adopted Dec. 22, 1975. Sec. 2-288. City contribution. (a) The plan shall be funded by contributions from member contributions, as provided in section 2-298, state funding provided for in F.S. §§ 175.101 and 175.121, contributions from the city and other income sources as authorized by law. (b) State funding shall be provided from premium taxes collected and disbursed pursuant to F.S. §§ 175.101 and 185.121, which moneys shall be deposited into the fund within five (5) calendar days of receipt by the city with the understanding that these premium tax revenues shall be deposited into and become an integral part of this fund and may not be used for any other purpose. (c) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which, together with the member contributions provided for in section 2-298 and the state premium taxes funding provided for in subsection (b) and other income sources as authorized by law, sufficient to meet the normal cost of the plan and to fund the actuarial deficiency over a period of not more than forty (40) years, as determined by the Florida Statutes required annual actuarial valuation. Such contributions shall be computed as level percents of member payroll in accordance with generally accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of trustees shall from time to time adopt. The city shall also contribute the anticipated cost of any insurance coverage provided retirants and beneficiaries, to the extent such cost cannot be covered by the unencumbered balance in the plan. The board shall annually certify to the city the contributions determined according to this section, and the city shall appropriate and pay to the retirement system, the contributions so certified. (d) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and consistent with Florida Statutes and the Internal Revenue Code. (Ord. No. 58-75-4, § 28, 12-22-75; Ord. No. 58-98-25, § 24, 11-23-98) Sec. 2-289. Reserved. Editor's note—Ord. No. 58-98-25, § 25, adopted Nov. 23, 1998, repealed § 2-289 which pertained to reserve for undistributed investment income and derived from Ord. No. 58-75-4, § 29, adopted Dec. 22, 1975. Supp. No. 21 181 § 2-290 ATLANTIC BEACH CODE Sec. 2-290. Investment of retirement system assets. The board of trustees shall be the trustee of the monies and assets of the retirement system. The board shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not necessary for current expenditures or liquid reserves, as they may from time to time determine. The trustees may sell, exchange or otherwise dispose of such investments at any time. The trustees shall have the authority, in respect to any stocks, bonds or other property, real or personal, held by them as trustees, to exercise all such rights, powers and privileges as might be lawfully exercised by any person owning similar stocks, bonds or other property in his own right. The trustees are authorized to vary from the investment procedures outlined in F.S. Chs. 175 and 185, and invest in those stocks, bonds and other securities permitted by the investment policies or guidelines adopted by the trustees. (a) Delegation and allocation of investment functions. (1) The trustees shall have the power and authority to appoint one (1) or more investment managers who shall be responsible for the management, acquisition, disposition, investing and reinvesting of such of the assets of the trust fund as the trustees shall specify. Any such appointment may be terminated by the trustees upon written notice. The fees of such investment manager shall be paid out of the trust fund. The trustees shall require that the investment manager acknowledge in writing that it is a named fiduciary with respect to the plan. (2) In connection with any allocation or delegation of investment functions under this section, the trustees shall, from time to time, adopt appropriate investment policies or guidelines, which may vary from the investment procedures outlined in F.S. Chs. 175 and 185. (Ord. No. 58-75-4, § 30, 12-22-75; Ord. No. 58-85-5, § 1, 7-22-85; Ord. No. 58-92-17, § 1, 1-27-92; Ord. No. 58-98-25, § 26, 11-23-98) Sec. 2-291. Divisions. The retirement system shall consist of three (3) divisions, one (1) for members who are police officers, or one (1) for members who are firefighters, and one (1) for all other members. Separate accounting of the transactions of the retirement system shall be maintained for each division and shall clearly indicate the equity of each division in the assets of the retirement system. The account separation shall be effective a of June 1, 1976. Each division shall be regarded as a separate trust fund. The provisions of this section refer only to the accounting records of the retirement system and shall not be construed a requiring a physical segregation of the assets of the retirement system between the divisions. (Ord. No. 58-75-4, § 31, 12-22-75) Sec. 2-292. Expenses. The expenses of administering a retirement system, including the premiums for fiduciary liability and waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the city. (Ord. No. 58-75-4, § 32, 12-22-75; Ord. No. 58-98-25, § 27, 11-23-98) Supp. No. 21 182 ADMINISTRATION § 2-295 Sec. 2-293. Reserved. Editor's note—Ord. No. 58-98-25, § 28, adopted Nov. 23, 1998, repealed § 2-293 which pertained to insurance coverage for retirants and beneficiaries and derived from Ord. No. 58-75-4, § 33, adopted Dec. 22, 1975. Sec. 2-294. Method of making payments. All payments under this division shall be made according to the provisions of the City Charter and city ordinances governing the disbursement of city monies. No payment shall be made that has not been authorized by a specific or continuing resolution of the board of trustees. (Ord. No. 58-75-4, § 34, 12-22-75) Sec. 2-295. Assignments prohibited. (a) Generally. The right of a person to a pension, disability, death or survivor benefit, and any other right accrued or accruing to any person under the provisions of this division, and any monies in assets belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of set off for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary in addition to any other remedies, including forfeiture of benefits, provided by law. (b) Direct transfers of eligible rollover distributions. This subsection applies to distributions made on or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). Supp. No. 21 183 § 2-295 ATLANTIC BEACH CODE (2) "Eligible retirement" means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) "Distributee" includes an employee or former employee. In addition, the employee's or former employee's surviving spouse, or the employee's or former employee's spouse or former spouse who is the alternate payee under an income deduction order, is a distributee with regard to the interest of the spouse or former spouse. (4) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by the distributee. (Ord. No. 58-75-4, § 35, 12-22-75; Ord. No. 58-98-25, § 29, 11-23-98) Sec. 2-296. Errors. Should the board of trustees determine that any member, retirant or beneficiary is being paid from the retirement system more or less than is correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75; Ord. No. 58-98-25, § 30, 11-23-98) See 2-297. Prntecti%M aarainet frawia#, Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. Any member who is convicted as provided in F.S. § 112.3173 of a specified offense committed prior to retirement, or whose employment is terminated by reason of an admitted commission, aid or abatement of a specified offense, shall forfeit all rights and benefits under this pension plan, except for return of accumulated contributions as of his date of termination. (Ord. No. 58-75-4, § 37, 12-22-75; Ord. No. 58-98-25, § 31, 11-23-98) Sec. 2-298. Member contributions. (a) Member contributions by benefit group fire shall be five and five hundred fifty-five thousandths (5.555) percent of salary and by benefit group police bargaining unit members covered by the current bargaining unit contract shall be one (1) percent of salary and by other Supp. No. 21 184 ADMINISTRATION § 2-298 benefit group police members shall be four and eight hundred fifteen thousandths (4.815) percent of salary which shall be deducted from the member's pay and paid over into the retirement system at the same time as city contributions are made. (b) Member contributions for benefit group general shall be two (2) percent of salary and said contribution shall be deducted from the member's pay and paid over into the retirement system at the same time as the city contribution is made to the retirement system. (c) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu of payroll deductions from such members' earnings. No member shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the city directly to the retirement system. All such contributions by the city shall be deemed and considered as part of the member's contributions and subject to all provisions of this plan pertaining to contributions of members. Such contributions shall additionally be considered as part of the member's compensation for purposes of determining final average compensation and any other benefits hereunder and for determining the member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime compensation. This city pick up of contributions is a result of a commensurate reduction of each member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. (d) If an employee leaves the service of the city before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city pension trust fund, plus any interest accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits paid to him/her. If an employee who has been in the service of the city for at least five (5) years and has contributed to the pension trust fund as provided elects to leave his or her accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-278, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (e) If a member who terminates employment elects a refund of contributions and: (1) Some or all of the refund is eligible for rollover treatment, as defined by the internal revenue service; (2) Elects to have such eligible distribution paid directly to an eligible retirement plan or IRA; and (3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in such form and at such time as the distributing plan administration may prescribe), the distribution will be made in the form of a direct trustee -to -trustee transfer to the specified eligible retirement plan. (Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23, § 2, 7-14-97; Ord. No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25, § 32, 11-23-98) Supp. No. 21 185 § 2-299 ATLANTIC BEACH CODE Sec. 2-299. Benefit limitations and required distributions. (a) Benefits paid under the city employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (70112) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-96-21, § 1, 2-12-96) Secs. 2-300-2-310. Reserved. ARTICLE VII. FINANCE* DIVISION 1. GENERALLY Sec. 2-311. Fiscal year. The fiscal year of the city is hereby established to begin on October first of each year and end on September thirtieth of the following year. (Code 1970, § 8-1) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. *Cross references—Any ordinance promising or guaranteeing payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or any obligation assumed by the city saved from repeal, § 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department of finance, § 2-71 et seq.; taxation generally, Ch. 20. State law references—Municipal finance and taxation. F.S. § 166.201 et seq.; municipal borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. Supp. No. 21 186 ADMINISTRATION § 2-313 Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of such income. (Laws of Fla., Ch. 57-1126, § 65) Sec. 2-313. Transfers of appropriations. The city manager may at any time transfer any unencumbered appropriation balance, or portion thereof, between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city commission by resolution may at any time transfer any unencumbered appropriation balance, or portion thereof, from one office, department or agency to another office, department or agency. (Laws of Fla., Ch. 57-1126, § 66; Laws of Fla., Ch. 61-1863) Supp. No. 21 187 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. 21 301 § 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) Sec. 4-10. Dangerous dogs. (a) "Dangerous dog" means any dog that according to the records of the appropriate authority: (1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; (2) Has severely injured or killed a domestic animal while off the owner's property; Supp. No. 21 302 ANIMALS § 4-20 (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the appropriate authority. (b) "Unprovoked" means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (c) "Severe injury" means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (d) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements. (e) "Animal control authority" means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county or state. In those areas not served by an animal control authority, the sheriff shall carry out the duties of the animal control authority under this act. (f) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (g) "Owner" means any person, firm, corporation or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. (h) 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. (Ord. No. 95-98-69, § 1, 10-26-98) Secs. 4-11-4-20. Reserved. Supp. No. 21 303 § 4-21 ATLANTIC BEACH CODE 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. Any person who feeds, maintains, keeps, or assists in the welfare of an animal which is considered to be a stray or feral animal, accepts the role as the animal's owner. As such, the person is responsible for compliance with all local and state laws. The only exception to this is registered organizations who offer temporary care for stray animals. 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; Ord. No. 95-98-69, § 1, 10-26-98) 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 ten dollars ($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. *State law references—Right to be accompanied by dog guides in public accommodations, F.S. § 413.08; damage by dogs, F.S. Ch. 767. Supp. No. 21 304 ANIMALS § 4-26 (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag on said animal. (Code 1970, § 4-3; Ord. No. 95-86-30, § 1, 7-28-86; Ord. No. 95-88-33, § 2, 4-25-88; Ord. No. 95-98-69, § 1, 10-26-98) Sec. 4-23. Impoundment for unregistered dogs and cats. Any unregistered dog or cat found in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee plus an additional seven dollars ($7.00) per day 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; Ord. No. 95-98-69, § 1, 10-26-98) 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 plus an additional seven dollars ($7.00) per day 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; Ord. No. 95-98-69, § 1, 10-26-98) Sec. 4-25. Leashing. No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be attached to a fixed object or specifically held by a person capable of controlling the animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. This does not include walking the dog in the water. (Code 1970, § 4-4(c); Ord. No. 95-88-33, § 4, 4-25-88; Ord. No. 95-98-69, § 1, 10-26-98) Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. Supp. No. 21 305 § 4-26 ATLANTIC BEACH CODE (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) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate on any property within the city other than the owner's private property without immediately removing such defecation with some sort of material, utensil, or suitable container and depositing the defecation in a trash container. When walking a dog or cat on any property within the city, other than the owner's property, the owner of that dog or cat shall carry some sort of material, utensil, or suitable container with which to dispose of the defecation. (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; Ord. No. 95-98-69, § 1, 10-26-98) 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 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; Ord. No. 95-98-69, § 1, 10-26-98) Sec. 4-28. Reserved. Editor's note—Ord. No. 95-98-69, § 1, adopted Oct. 26, 1998, repealed § 4-28 which pertained to vicious dogs and derived from Code 1970, § 4-5(d). Sec. 4-29. Rabies suspected. Suspected rabies cases will be handled according to the Health Code as established by the State Department of Environmental Health (authorized by F.S. § 381.006). (Code 1970, § 4-5; Ord. No. 95-98-69, § 1, 10-26-98) 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. Supp. No. 21 306 ANIMALS § 4-30 (b) Violations of this article shall be punishable by fines as follows: First offense: Twenty-five dollars ($25.00) for the first offense: If not paid within fourteen (14) days, the fine goes to fifty dollars ($50.00). If not paid within thirty (30) days, a code enforcement hearing would be required that could result in a fine of up to two hundred fifty dollars ($250.00) per day. Second offense: One hundred dollars ($100.00) for the second offense: If not paid in fourteen (14) days, the fine goes to one hundred fifty dollars ($150.00). If not paid within thirty (30) days, a code enforcement hearing would be required that could result in a fine of up to two hundred fifty dollars ($250.00) per day. Third offense: Third offense and subsequent offenses would require a mandatory appear- ance before the code enforcement board. (c) A five -dollar surcharge shall be assessed and collected upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty as authorized by F.S. § 828.27. The proceeds from such surcharge shall be used only to assist in paying for the costs of training for animal control officers in accordance with the requirements of F.S. § 828.27. Said civil penalty shall be paid to the City of Atlantic Beach. (d) The animal control officer shall have the authority to cite the owner or any person having custody of an animal for a violation of this article when, and only when: (1) the officer has received from an adult witness a sworn affidavit attesting to the animal having committed a violation pursuant to this article; or (2) the animal control officer or other person duly authorized to enforce the provisions under this chapter, has witnessed the commission of a violation under this article. (Ord. No. 97-86-30, § 4, 7-28-86; Ord. No. 95-98-69, § 1, 10-26-98) [The next page is 353] Supp. No. 21 307 FIRE PREVENTION AND PROTECTION § 7-36 (b) The fire official may require the installation of a weatherproof box containing up-to-date hazardous materials safety data sheets, on the extension of such buildings or structures that contain quantities of hazardous materials. It shall be the responsibility of the occupants storing, handling or using the hazardous materials to maintain this information as correct. (Ord No. 57-97-20, § 1, 8-11-97) Sec. 7-35. Fire hydrants and fire department connections. (a) All new buildings or structures, except one- and two-family units shall be protected by a fire hydrant connected to a public water main capable of supplying the necessary water for fire protection. Such fire hydrant shall be located within three hundred (300) feet of the protected building and shall be arranged so that hose may be distributed to any portion of the building at distances not exceeding four hundred (400) feet. (1) Access to hydrant. a. Three-foot radius clear lane to the street. b. Fire department connections within fifty (50) feet and same side of street as the hydrant. (2) Access to building by fire department apparatus. a. Street. Thirty -eight -foot inside and fifty -foot outside turning radius. b. Parking lot. Twenty three feet and two inches (23'2") inside turning radius and forty -foot outside. (3) Fire lanes must be marked and posted by the owner/occupant. a. Curb must be marked. b. Signs seventy-five (75) feet apart not more than seven (7) feet in height to the bottom of the sign, the size of the sign must be eighteen (18) by twenty-four (24) inches with white background. (b) The fire official may modify this requirement when automatic fire sprinkler protection is provided. (c) The cost of fire hydrant protection and necessary water system extension shall be the responsibility of the developer. (Ord No. 57-97-20, § 1, 8-11-97) Sec. 7-36. Open burning. (a) There shall be no open burning in the city without first obtaining a permit from the fire official and paying the appropriate permit fee. (b) Anyone failing to comply with the provisions of this article are subject to fines and penalties as set forth in section 7-27 of this article. (Ord No. 57-97-20, § 1, 8-11-97) Supp. No. 21 477 § 7-37 ATLANTIC BEACH CODE Sec. 7-37. Street address identification. The street address shall comply with Chapter 6 of the City Code of Ordinances. (Ord No. 57-97-20, § 1, 8-11-97) Sec. 7-38. Permits and certificates. (a) A permit shall constitute permission to maintain, store or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities as referenced in Chapter 4 of the Standard Fire Prevention Code. (b) Such permit shall not be a substitute for any license required by law. A permit shall not be transferable and any change in use as occupancy of a building or premises shall require a new permit. (c) A permit shall continue until revoked or for such a period of time as designated at time of issuance. (d) Inspection before issue. (1) Before a permit may be issued, the fire official shall inspect and approve the receptacles, vehicles, buildings, structures, or storage areas to be used and the owner or occupant shall verify to the fire official that a certificate of occupancy has been issued by the building official for that occupancy classification. (2) In cases where laws or regulations enforceable by departments other than the fire department are applicable, joint approval shall be obtained from all departments concerned. (e) Applying for a permit. The application for a permit shall be made in the form prescribed by the fire official and contain the following information: (1) The signature of the applicant. (2) A statement of the intended use of the building or structure or operation to be conducted on the premises. (3) Plans when required by the fire official. (f) Conditions of permits. (1) The fire official shall act upon a application for permit without unreasonable delay and when issued such permit shall remain on the premises designated therein and shall at all times be subject to inspection. (2) Whenever the provision of this code requires more than one (1) permit for the same establishment or location, such permits may be combined into a single permit, but each provision shall be listed in the permit. Supp. No. 21 478 TAXATION § 20-51 Charitable institutions shall mean only nonprofit corporations operating physical facilities in this state at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay. Child care center includes any establishment which provides care for more than five (5) children unrelated to the operator and which received a payment, fee or grant for any of the children receiving care wherever operated and whether operated for profit. The term "child care center" shall include day nurseries, day care services and day care agencies, but not community-based residential facilities. Classification shall mean the method by which a business or group of businesses is identified by size or type, or both. Commission action means that the city commission shall approve the application in a regular meeting before issuance of such license. Department stores shall be construed to mean those stores which carry or sell three (3) or more lines of goods, wares or merchandise subject to license under the provisions of ordinances of the city. Each department shall be licensed separately. Classification shall mean the method by which a business or group of businesses is identified by size or type, or both. Educational institutions shall mean state tax -supported or parochial, church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, the department of education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption. Hawker shall mean any person who shall rent or sell or offer to sell at wholesale or retail any commodity, product, goods, wares, or merchandise of any kind from a stand, wagon, parked vehicle, container, pushcart, or tent upon any street or public property or any vacant private property. No person shall be engaged as a hawker within the corporate limits of the city or on the city beach. Local occupational license shall mean the method by which a local governing authority grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It shall not mean any fees or licenses paid to any board, commission or officer for permits, registration, examination or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, and not in lieu of, any local occupational license imposed under the provisions of this chapter. Manufacturing establishment shall mean any business engaged in making products from raw materials, either by hand or by machinery Supp. No. 21 1161 § 20-51 ATLANTIC BEACH CODE Passengervesselshall mean a vessel intended primarily to transport passengers, but excluding chartered fishing boats. Crew members necessary for the operation of the vessel for its intended purpose shall not be considered passengers for the purpose of this article. Person shall mean any individual, firm, partnership, joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor,administrator, receiver or other fiduciary, and shall include the plural as well as the singular. Physical facility shall mean all areas used by a firm to conduct its business, and shall include both buildings and outside areas used in conjunction with the business, but shall not include those areas used exclusively for patron parking. Professional establishment shall mean any business or profession which is regulated by the state department of professional regulation, or other state board or commission thereof. Religious institutions shall mean churches and ecclesiastical or denominational organiza- tions or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church cemeteries. Retail establishment shall mean any business engaged in the sale of goods or commodities in any quantities. Service establishment shall mean any business or individual engaged in any trade, or who provides labor, repair, maintenance or incidental services. Hotels, motels and restaurants shall also be considered service establishments. Taxpayer shall mean any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed under the provisions of this article; and the heirs, successors, assignees and transferees of any such person or agent. (Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 70-93-11, § 1, 7-26-93; Ord. No. 45-94-11, § 1, 6-27-94; Ord. No. 70-98-13, § 1, 8-10-98) Cross reference—Definitions and rules of construction generally, § 1-2. State law reference—Similar definitions, F.S. § 205.022. Sec. 20-52. Levy. An occupational license tax shall be levied on: (1) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city, for the privilege of engaging in or managing any profession or occupation within its jurisdiction; Supp. No. 21 1162 TAXATION § 20-52 (3) Any person who does not qualify under the provisions of subsection (1) or (2) of this section, and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the United States Constitution; (4) Any person who reports himself to be engaged in any profession, occupation or industry for the transaction of which a license is required under this chapter either by exhibiting a sign or advertisement or by advertising in any newspaper or any other Supp. No. 21 1162.1 Art. I. Art. II. Art. III. Art. IV. Chapter 21 TRAFFIC AND MOTOR VEHICLES* In General, §§ 21-1-21-15 Stopping, Standing and Parking, §§ 21-16-21-49 Div. 1. Generally, §§ 21-16--21-35 Div. 2. Enforcement, §§ 21-36--21-49 Wrecker Service, §§ 21-50-21-59 Motor Vehicle Title Loans, §§ 21-60-21-66 ARTICLE I. IN GENERAL Sec. 21-1. Adoption of Florida Uniform Traffic Control Law. There is hereby adopted by reference the Florida Uniform Traffic Control Law, being F.S. Ch. 316, as amended, which law shall be in full force and effect in the city as if fully set forth herein, and shall be considered as part of this chapter. (Code 1970, § 11-1) Sec. 21-2. Permit required for parades and processions. No procession or parade, except the United States armed services, the military forces of this state and the forces of the police and fire department, shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this Code which may apply. The chief of police shall issue the permit only after the approval for the issuance is given by the city manager, following a recommendation for the issuance of the permit to the city manager by the chief of police. (Code 1970, § 22-2) Secs. 21-3-21-15. Reserved. *Cross references—Any ordinance pertaining to traffic or parking regulations applying to specific streets saved from repeal, § 1-5(10); use of vehicles prohibited in beach safety zone, § 5-17; mobile homes and recreational vehicles, Ch. 10; use of sirens, whistles, etc., on vehicles prohibited, § 11-4; offenses, Ch. 13; police, Ch. 15; signs and advertising structures as traffic hazards, § 17-4; streets, sidewalks and other public places, Ch. 19. State law references—Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local authorities, F.S. § 316.008. Supp. No. 21 1221 § 21-16 ATLANTIC BEACH CODE ARTICLE II. STOPPING, STANDING AND PARKING* DIVISION 1. GENERALLY Sec. 21-16. Manner of parking. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve (12) inches of the edge of the roadway, except as provided in the following paragraphs: (1) Angle parking upon a street which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by the mark or sign; (2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or materialmay be backed into the curb to take on or discharge loads. (Ord. No. 75-82-3, § 1, 4-12-82) State law reference—Similar provisions, F.S. § 316.195. Sec. 21-17. Prohibited in specific areas. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or a traffic -control device in any of the following places: (1) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; (2) In front of a public driveway, or private driveway upon complaint; (3) Within twenty (20) feet of an intersection where posted; (4) Within fifteen (15) feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or devices established in the area; (7) Along side or opposite any street excavation or obstruction when the stopping, standing or parking could obstruct traffic, and any place where any official sign prohibits *Cross references—Off-street parking and loading, § 24-161; parking lots, § 24-162; storage and parking of vehicles in residential districts, § 24-163. State law references—Authority to regulate or prohibit stopping, standing or parking, F.S. § 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; additional parking regulations, F.S. § 316.195. Supp. No. 21 1222 TRAFFIC AND MOTOR VEHICLES § 21-60 (b) The charges for storage of vehicles by wrecker service operators shall be as follows: Storage, outside per day 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. $5.00 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) Secs. 21-55-21-59. Reserved. ARTICLE IV. MOTOR VEHICLE TITLE LOANS Sec. 21-60. Definitions. (a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by the borrower and encumbered only by a title loan agreement. Supp. No. 21 1233 § 21-60 ATLANTIC BEACH CODE (b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be amended from time to time. (Ord. No. 75-98-13, § 1, 12-14-98) Sec. 21-61. Motor vehicle title loan transactions. A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title loan transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met: (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; (b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan; (c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle; (d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date, maturity date, finance charges, a descrip- tion of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal; and (e) The title loan agreement contains the following statements printed in not less than fourteen -point type: (1) "Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance charge, YOU WILL LOSE YOUR VEHI- CLE. (2) "You are encouraged to repay this loan at the end of the 30 day period. The lender is not required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible." (3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." (4) "The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in effect, and that doing so will be a violation of the law." (f) Immediately above the signature of the borrower, the statement that "I, the borrower, declare that the information I have provided is true and correct and I have read and understand the foregoing document." Supp. No. 21 1234 TRAFFIC AND MOTOR VEHICLES § 21-62 (g) A blank line for the signature of the borrower. (h) The secondhand dealer must display, in a prominent place in the title loan premises, for customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following messages written in letters no less than four (4) inches high: "IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." (Ord. No. 75-98-13, § 1, 12-14-98) Sec. 21-62. Maximum interest rate. A secondhand dealer who engages in title loan transactions may not exceed the following interest rates: (a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5) percent per thirty -day period the title loan agreement remains outstanding and unsatisfied. In determining compliance with the maximum interest and finance charges, the computation must be simple interest and not add-on interest or any other interest computation. (b) If the title loan agreement has not been satisfied within three hundred sixty (360) days, a secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per annum for the time the title loan agreement remains outstanding and unsatisfied beyond three hundred sixty (360) days. (c) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not exceed, the annual percentage rate that must be computed and disclosed as required by the federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. When the period for which the charge is computed is more or less than one (1) month, the maximum rate for the period must be computed on a basis of one -thirtieth (1/3o) the applicable monthly interest rate, multiplied by the number of days of the period. (d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment of a sum of money, whether the transaction be characterized as a "buy -sell agreement", "sale-leaseback agreement", or otherwise, shall be deemed a violation of this article if such sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this article or if the terms of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this article. Supp. No. 21 1235 § 21-62 ATLANTIC BEACH CODE (e) Any fees or taxes paid to a state agency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the permitted finance and interest charge. (f) No charges, including interest, in excess of the combined total of all charges permitted by this section shall be allowed. (Ord. No. 75-98-13, § 1, 12-14-98) Sec. 21-63. Transaction satisfaction and default. (a) When the title loan has been paid in full, the secondhand dealer must deliver to the borrower a certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within thirty (30) days of such payment in full. (b) A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle upon the borrower's default under the title loan agreement. Unless the borrower voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles. (c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply with the applicable requirements of F.S. Ch. 679, Pt. V. (d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in parts and at any time and place and on any terms, but every aspect of the disposition, including the method, manner, time, place and terms including surplus of the debt, must be commercially reasonable. (Ord. No. 75-98-13, § 1, 12-14-98) Sec. 21-64. Title loan lending license. (a) No secondhand dealer may engage in business as a title loan lender six (6) months after the effective date of this article unless the secondhand dealer has a valid title loan lending license issued by the city. A separate title loan lending license will be required for each physical location of the title loan business. The city shall issue more than one (1) title loan lending license to an applicant if that applicant complies with the requirements of this part for each such license. (b) An application for a title loan lending license pursuant to this part must be submitted to the city on such form as the city may prescribe. If the city determines that an application should be granted, it' shall issue such license for a period not to exceed two (2) years. A non-refundable application and license fee of one thousand two hundred fifty dollars ($1,250.00) shall accompany an initial application for each title loan location. (c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A title loan lending license that is not renewed at the end of each two-year period shall automatically become inactive. An inactive license may be reactivated within ninety (90) days after the date Supp. No. 21 1236 TRAFFIC AND MOTOR VEHICLES § 21-64 it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee not exceeding two hundred dollars ($200.00) and a biennial license fee of one thousand dollars ($1,000.00). No inactive license may be reactivated after ninety (90) days. (d) Each title loan lending license must specify the location for which it is issued and must be conspicuously displayed at that location. When a licensee wishes to move a title loan office to another location, the licensee shall give thirty (30) days prior written notice to the city by certified or registered mail, return receipt requested, and the city shall then amend the title loan lending license accordingly. A license issued pursuant to this part is not transferable or assignable. (e) Books, accounts and records; maintenance and examinations by the city: (1) Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records and documents necessary to determine the licensee's compliance with this part. (2) The city may authorize maintenance of records at a location other than a principal place of business. The city may require books and records to be produced and available at a reasonable and convenient location within the city. (3) All books, accounts, records, documents and receipts for expenses paid by the licensee on behalf of the borrower, including each contract signed by the borrower and expenses incurred by the licensee in the event of foreclosure and property recovery, will be preserved and kept available for examination by the city for two (2) years after the date of original entry. (4) The city may prescribe by rule the minimum information to be shown in the books, accounts, records and documents of licensee so that such records will enable the city to determine the licensee's compliance with this part. (f) Each licensee shall designate and maintain an agent in this state for service of process. (g) A licensee must apply to the city for a new title loan lending license upon a change in ownership of twenty-five (25) percent or more by a natural person in any title loan location or office. No application for a title loan lending license or an application for transfer of an existing title loan lending license is required for any change, directly, or beneficially, in the ownership of a title loan location if one (1) or more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title loan location or office before the change in ownership continue to hold at least seventy-five (75) percent of the outstanding equity interest in the title loan location or office after the change in ownership. (h) To be eligible for title loan lending license, an applicant shall: (1) File with the city a bond in the amount of thirty-five thousand dollars ($35,000.00) for each license with a surety company qualified to do business in this state. In lieu of the bond, the applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond. The original bond, certificate of deposit, or letter of credit shall be filed with the city and the city shall be Supp. No. 21 1237 § 21-64 ATLANTIC BEACH CODE the beneficiary of such instrument. The bond, certificate of deposit, or letter of credit shall be in favor of the city for the use and benefit of any consumer who is injured in the context of a title loan transaction by the fraud, misrepresentation, breach of contract, financial failure, unfair or deceptive trade practice, disclosure violation or violations of any provision of this part by the licensee. Such liability shall be enforced by the filing of a suit in a court of competent jurisdiction. (2) Not have been convicted of a felony within the last ten (10) years or be acting on behalf of a beneficial owner who has been convicted of a felony within the last ten (10) years. (3) Not have been convicted, and not acting on behalf of a beneficial owner who has been convicted, of a crime that the city finds directly related to the duties and responsibil- ities of a title loan lender within the past ten (10) years. (i) The city shall determine the form of the title loan lending license. (j) No part of this article may be construed to impair or affect the obligation of any title loan agreement which was lawfully entered into prior to the effective date of the ordinance from which this article derives (December 14, 1998). (k) Licensees shall report changes in address, location or records, and any change of an executive officer within thirty (30) days of the change. (1) In addition to the above, an applicant must also obtain any required occupational license. (Ord. No. 75-98-13, § 1, 12-14-98) Sec. 21-65. Violations and penalties. (a) The following acts are violations of this part and shall constitute grounds for disciplin- ary action: (1) Failure to comply with any provision of this part, rule adopted under this party by the city, or any written agreement entered into with the city. (2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction. (3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a consumer pursuant to this part. (4) Willful imposition of illegal charges on any title loan transaction. (5) False, deceptive or misleading advertising by a licensee. (6) Failure to maintain, preserve and keep available for examination all books, accounts and other documents required by this part, state or federal law, or by any agreement entered into with the city. (7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements of this part or state or federal law. (8) Refusal to permit inspection of books or records in an investigation or examination by the city or refusal to comply with a subpoena issued by the city. Supp. No. 21 1238 TRAFFIC AND MOTOR VEHICLES § 21-65 (9) Criminal conduct in the course of a licensee's business as a title lender. (10) Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years. (11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions of this part. (12) Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own or the registered name of his business. (13) Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one-third (1/3) of the value of the motor vehicle. The city shall determine the method of assessing the value of the pledged property. (14) Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this part. (15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower with any and all of the title lender's liens on the property properly released within thirty (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order. (16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by this part. (17) Engaging in business as a title lender without first securing the required license. (18) Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid. (19) Charging a prepayment penalty. (20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement. (21) Acting as a title loan lender in the city six (6) months after the effective date of the ordinance from which this article derives (December 14, 1998) without a current, active license issued by the city pursuant to this part. (22) In any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, advertisement or hypothecation of a title loan transac- tion, directly or indirectly: (i) To knowingly or willingly employ any devise, scheme or article to defraud; (ii) To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or sale of any title loan; (iii) To obtain property by fraud, willful misrepresentation of a future act or false promise. Supp. No. 21 1239 § 21-65 ATLANTIC BEACH CODE (23) In any manner within the jurisdiction of the city to knowingly and willfully falsify, conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry. (24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction in the city; or aiding, assisting or conspiring with any other person engaged in any such misconduct and in furtherance thereof. (b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the city may enter an order and take one or more of the following actions: (1) Deny the application for license pursuant to this article. (2) Revoke or suspend a license previously granted pursuant to this part. (3) Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the city may specify. (4) Issue a letter of concern or reprimand. (5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this article. (6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation of this part. (7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an action successfully enforcing any fine imposed under this part. (c) Whan the city has reason ahle range to believe that a licensee is operating in violation of this part, it may bring a civil action in any court of competent jurisdiction to enforce or administer this part, including a temporary or permanent injunction, or appointment of a receiver. (d) The city may adopt rules which set forth with specificity acts or practices which violate this part and which prescribe procedural rules for the administration of this part. (Ord. No. 75-98-13, § 1, 12-14-98) Sec. 21-66. Transition period for regulations, restrictions and licensure provisions. Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from which this article derives (December 14, 1998) shall have six (6) months from the effective date of the ordinance to comply with the regulations, restrictions and licensure provisions of this part before the city may initiate any administrative or civil action, or refer a matter for criminal prosecution. (Ord. No. 75-98-13, § 1, 12-14-98) [The next page is 1275] Supp. No. 21 1240 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 5-96-28 11-11-96 1 Added 2-336(8) 10-97-20 1-27-97 1 3-2(a)(2) 5-97-29 2-24-97 1 Added 2-19(25) 45-97-12 2-24-97 1 Added 24-159(c) 58-97-22 2-24-97 1 2-298(a) 60-97-9 2-24-97 1 Added 17-18 75-97-12 3-24-97 1 21-22(a), (b) 2 Added 21-22(c) 58-97-23 7-14-97 1 Added 2-281(d) 2 2-298 60-97-10 7-14-97 1 17-1-17-17 17-31-17-35 57-97-20 8-11-97 1 Rpld 7-1, 7-16-7-20 Added 7-1, 7-2, 7-16-7-42 55-97-30 8-25-97 1 Added 16-8(3) 58-97-24 9- 8-97 1 2-298(a) 70-97-12 9-22-97 1 20-52.1 20-54(b) 25-98-30 6-22-98 1 6-16 6-56 6-76 6-91 6-120 6-141 6-161 7-18 45-98-13 7-13-98 1 20-59 70-98-13 8-10-98 1 20-51 95-98-69 10-26-98 1 Added 4-10 4-21 Added 4-22(d) 4-23-4-25 4-26(c) 4-27 Rpld 4-28 4-29, 4-30 58-98-25 11-23-98 1 2-262 2 2-264 3 2-267 4 2-268(a) 5 2-270(2) 6 2-270(4) 7, 8 2-270(6), (7) 9 2-271(b) Added 2-271(c) Supp. No. 21 1999 ATLANTIC BEACH CODE Ordinance Adoption Section Number Date Section this Code 10 2-274 11 Added 2-275(a)(3) 12 2-276(a) 13 2-276(c) 14 Rpld 2-277 15 2-278(a) 16, 17 2-279, 2-280 18 2-282 19 2-283(b) 20 2-284 21 Added 2-285(c) 22 2-286 23 Rpld 2-287 24 2-288 25 Rpld 2-289 26 2-290 27 2-292 28 Rpld 2-293 29 2-295 30-32 2-296-2-298 75-98-13 12-14-98 1 Added 21-60-21-66 [The next page is 2043] Supp. No. 21 2000 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 1.01 13-201 23.011 60.05 Ch. 98 98.211 100.181 100.361 Ch. 101 Ch. 112, Pt. III 112.061 112.181(2) 112.65 112.311 112.3173 Ch. 119 Ch. 161 161.041 161.053 Ch. 162 162.02 162.05 162.05(4) 162.06 162.07 162.08 162.09 162.10 162.11 Ch. 163 Section this Code 1-2 Ch. 9(note) Ch. 14(note) 2-168, 2-169 Ch. 12(note) Char., § 38 Char., § 53 Char., § 41 Char., § 56 Char., § 42 Char., § 66 Ch. 2, Art. VII, Div. 3(note) 2-279 2-285 Ch. 2, Art. II (note) 2-297 Char., § 65 Ch. 2(note) Ch. 5(note) 6-20(b)(3) 6-20(b)(3) 6-21(e), (r) Ch. 2, Art. V, Div. 2(note) 7-27 20-54 2-146 2-141, 2-142 2-145 2-147 2-143, 2-144 2-147 2-148 2-149 2-150 2-151 Char., § 59 14-1(a) 21-302(15) Supp. No. 21 2053 F.S. Section 163.3161 163.3174 163.3178 Ch. 166 Ch. 166, Pt. II 166.031 166.041 166.101 166.201 166.231 166.241 166.0425 Ch. 170 Ch. 175 175.101 175.121 Ch. 177 177.27(15) 177.011 177.041 177.091 Ch. 180 Ch. 185 185.08 185.121 Ch. 192 Section this Code Ch. 14(note) Ch. 24(note) 14-22 6-27 Charter(note) Char., § 4 Char., § 57 Char., § 59 21-302(9) Char., § 45 Char., § 60 Char., § 79 Char., § 18 24-4 Ch. 2, Art. VII (note) Ch. 2, Art. VII (note) Ch. 20(note) Ch. 20, Art. II (note) 2-311 Ch. 17(note) Ch. 19(note) 2-272 2-290 20-77 2-288 2-288 24-205 6-21(j) Ch. 24, Art. IV (note) 24-205 24-256 Ch. 19(note) 2-272 2-290 20-76 2-288 Ch. 20(note) ATLANTIC: BEACH CODE F.S. Section F.S. Section Section this Code Section this Code 193.116 Char., § 58 403.415 Ch. 11(note) Ch. 205 Char., § 58 413.08 Ch. 3, Art. II(note) Ch. 20, Art. III Ch. 469 Ch. 6, Art. IV (note) (note) 205.022 20-51 Ch. 479 Ch. 17(note) 205.042 20-52 20-59 205.043(2) 20-57 Ch. 481, Pts. I, 205.043(3) 20-57 II 24-177(b)(1) 205.053 20-54 Ch. 489 Ch. 6(note) 205.053(1) 20-53 Ch. 496 18-4(g)(6) 205.063 20-58 20-59 205.196 20-59 496.01 Ch. 18(note) Ch. 218 Ch. 2, Art. VII Ch. 513 Ch. 10(note) (note) 513.01 10-1 218.33 2-311 Ch. 514 Ch. 6, Art. VI 253.12 Ch. 5(note) (note) 286.011 Char., § 14 Ch. 538, Pt. I 21-61 Ch. 2(note) 538.03(1)(a) 21-60 309.01 Ch. 5(note) Ch. 552 Ch. 7(note) Ch. 316 Ch. 21(note) Ch. 553 Ch. 6(note) 21-1 6-21(p) 316.008 Ch. 21(note) 7-32 553.01 Ch. 6, Art. IV(note) 316.008(1)(a) Ch. 21, Art. II 553.15 Ch. 6, Art. III(note) (note) 553.70 Ch. 6, Art. II(note) 316.195 Ch. 21, Art. II 553.73 7-25 (note) Chs. 561-568 3-1 21-16 561.01 Ch. 3(note) 316.1945 Ch. 21(note) 562.14(1) 3-2 21-17 562.45(2) 3-2 316.2045 19-1 3-4-3-6 320.823 6-23 590.12 Ch. 7(note) Ch. 327 Ch. 5(note) Ch. 633 Ch. 7(note) 335.075 Ch. 19(note) 7-32 Ch. 367 Ch. 22(note) 633.35 2-263 Ch. 369 Ch. 5(note) 633.121 Ch. 7(note) Ch. 372 Ch. 4(note) 633.171 7-27 Ch. 373 Ch. 8(note) Ch. 650 Ch. 2, Art. VI, 381.006 4-29 Div. 2(note) 381.031(1)(g)1 4-29 2-241 381.031(g)3 Ch. 6, Art. VI 650.02 2-241 (note) 650.05 Ch. 2, Art. VI, 381.261 Ch. 22(note) Div. 2(note) Ch. 386 Ch. 12(note) Ch. 679, Pt. V 21-63 403.0893 21-302(9), (10) Ch. 705 Ch. 15, 403.413 5-4 Art. II(note) 16-7 21-24 Supp. No. 21 2054 STATUTORY REFERENCE TABLE F.S. Section Section this Code 705.16 Ch. 2, Art. II(note) Ch. 760 Ch. 9(note) 760.20 Ch. 9, Art. II(note) 760.22 9-16 760.23 9-17 760.24 9-18 760.25 9-22 760.29 9-23 760.37 9-24 Ch. 767 Ch. 3, Art. II(note) 4-26 768.28 2-1(b)(1) Ch. 790 15-22(g)(3) 790.15 13-3 Ch. 791 Ch. 7(note) 7-39 806.13 6-111 22-57 Ch. 823 Ch. 12(note) Ch. 828 4-5 828.27 4-30 876.05 Char., § 68 893.03 13-4 13-5 893.138 2-161 893.147 13-5 932.701 Ch. 15, Art. II(note) 943.13, 943.14 2-262 943.22 2-262 943.25(8)(a) 15-1 [The next page is 2081] Supp. No. 21 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 ADDRESSES, STREET. See: STREET ADDRESSES 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 ALARMS Fire prevention and life safety False silent alarms 7-41 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 Supp. No. 21 2101 ATLANTIC BEACH CODE Section ALCOHOLIC BEVERAGES (Cont'd.) Locations where on -premises sales prohibited 3-5 Persons not holding license to sell 3-3 Premises where sales permitted 3-4 Restrictions on location of establishments 3-6 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 Bird sanctuary City designated; shooting, molesting, etc., birds 4-4 Cats. See herein: Dogs and Cats Citations; penalties 4-30 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Cruelty to animals 4-5 Dogs and cats Damaging property 4-26 Dangerous dogs 4-10 Definitions 4-21 Disturbing the peace 4-27 Impoundment for unregistered dogs and cats 4-23 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25 Rabies Dogs or cats suspected of having rabies 4-29 Registration and tagging required 4-22 Impoundment of unregistered dogs or cats 4-23 Supp. No. 21 2102 CODE INDEX Section ANIMALS AND FOWL (Cont'd.) Registration and tagging Impoundment of unregistered dogs or cats 4-23 Required 4-22 Running at large 4-24 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 for unregistered dogs and 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. 21 2103 7-2 ATLANTIC BEACH CODE Section ARSONISTS Reward for information leading to conviction of 7-2 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 AUDITS Uniform travel policy and procedure Auditing of travel expense reports or vouchers B 11-2 2-365 BAIL BONDS Additional court costs assessed for police training Forfeited bail bonds 15-1 BARRICADES Beaches, safety zones Provisions re barricades 5-18 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 Min reGirlenre...... ........ ............ 2d -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 3-12 Animals Safety zone Use of vehicle and riding of animals prohibited 5-17 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 Supp. No. 21 2104 CODE INDEX Section BEACHES (Cont'd.) 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 beach 5-7 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 14-20(7) BELLS Noise. See also that subject Ringing handbells, etc., in public places generally BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES 11-2 BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUC- TURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; shooting, molesting, etc., birds4-4 BITES Dog bites, etc 2-29 BLOCKS Subdivisions Design and construction standards Supp. No. 21 2105 24-254 ATLANTIC BEACH CODE BLOWERS OR POWER FANS Muffling of 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 Parking of sailboats not to obstruct lifeguard activities BOND ISSUES Certain ordinances saved from repeal BONDS, BAIL Additional court costs assessed for police training Forfeited bail bonds Section 11-7 5-7 5-6 1-5 15-1 BONDS, BID Purchasing procedure, bid deposits or bid bonds 2-333 BONDS, MAINTENANCE Subdivisions, assurance for completion and maintenance of improvements 24-233 BONDS, PERFORMANCE Purchasing, bid procedure Performance and labor and material payment bonds 2-335(c) BONDS, PERSONAL Subdivision developers Personal bond with letter of credit 24-232(a)(3) BONDS, SIJRFTY 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 BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal 1-5 Director of finance's duties re 2-76 See also: FINANCES BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Supp. No. 21 2106 CODE INDEX Section INSURANCE Insurance premium taxes 20-76 et seq. See: TAXATION Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Signs and advertising structures Liability insurance required for certain signs 17-3 Wrecker service liability insurance 21-53 INTERSECTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within intersection 21-25(a)(1) Signs and advertising structures Obstructing vision or view 17-5 Stopping, standing or parking vehicles within twenty feet of intersection 21-17(3) Subdivisions Design and construction standards Intersections of right angles 24-252(f) Property lines rounded at intersections 24-252(g) INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES J JUNK Parking, storing or leaving of junked vehicles See: TRAFFIC L 21-24 et seq. LAKES. See: WATERCOURSES, WATERWAYS LANDSCAPING Zoning regulations Planned unit development (PUD) 24-135(f) LAWNS Waterworks system Water shortages; irrigation of lawns 22-39 LEASHING DOGS Provisions re 4-25 LEAVES AND GRASS CLIPPINGS Solid waste collections and disposal 16-5 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building sewers and connections, permits 22-102, 22-103 Charitable solicitations 18-2 et seq. See: SOLICITORS, PEDDLERS, ETC. Coastal construction 6-20 Supp. No. 21 2127 ATLANTIC BEACH CODE Section LICENSES AND PERMITS (Cont'd.) Development permit 8-23 et seq. See: FLOOD HAZARD AREAS Digging up streets Permit required of public utilities 19-2 Electrical permits 6-35 et seq. See: ELECTRICAL CODE Garbage and trash collection, removal, etc. Permit for 16-6 Licensed master electricians 6-33 et seq. Loudspeakers equipment, permit for operation of 11-8 Mechanical permits 6-77 Motor vehicle title loan lending license 21-64, 21-66 See: TITLE LOANS Occupational license tax 20-51 et seq. See: TAXATION Parades and processions, permits for 21-2 Plumbing permit 6-58 et seq. See: PLUMBING CODE Private wastewater disposal, permits 22-88 Public address or loudspeaker equipment, permit for opera- tion of 11-8 Residential parking sticker program; permits re 21-27 Sign permits 17-31 et seq. See: SIGNS AND ADVERTISING STRUCTURES Subdivisions Construction permits 24-206 Tree protection re 23-17 Zoning Building permits 24-47(7), 24-65 Implementation of pla and unit clevolopmnnt Permits required 24-134(d) Permits for temporary construction trailers or structures 24-66 LIENS Code enforcement board, provisions re liens 2-149, 2-150 Weeds, cost for removal Special assessment liens 23-40 LIFE GUARD DIVISION Division of fire department 2-63 LIFEGUARDS Beaches. See also that subject Parking of sailboats not to obstruct lifeguard activities LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises Mobile home parks and recreation vehicle parks Illuminating at night Supp. No. 21 2128 5-6 3-9 10-2(2) CODE INDEX Section LIGHTS, LIGHTING (Cont'd.) Signs and advertising structures Flashing, revolving or blinker -type outdoor lights 17-10 Zoning regulations Service stations 24-165(4) Swimming pools, lighting 24-164(1) LITTERING Beaches 5-4 LIVE ENTERTAINMENT Zoning regulations 24-155 LOCAL LAND DEVELOPMENT REGULATION COMMIS- SION Community development board designated as 14-22 See: PLANNING LOCAL PLANNING AGENCY Community development board designated as 14-22 See also: PLANNING LOITERING Provisions re LOST PROPERTY Disposition of by police See: POLICE DEPARTMENT 13-2 15-16 LOTS Depositing garbage, trash, etc., on vacant lots 16-7 Garbage and trash provisions Removal of lot clearing, contractors' debris; oil and grease 16-12 Subdivisions Design and construction standards 24-255 Vacant lots Dogs and cats running at large 4-24 Zoning regulations 24-82(c) et seq. See: ZONING LOUDSPEAKERS Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings Noise provisions M 3-10 11-8 MAGAZINES Obscene matter prohibited 13-6 MAIL Definition of "registered mail" 1-2 Supp. No. 21 2129 ATLANTIC BEACH CODE Section MAPS Community development board Recommending proposed changes in official map of city 14-20(3) Subdivision, preliminary plats Vicinity map 24-204 Zoning map Administrative official's powers and responsibilities 24-47(4), (5) Certain ordinances saved from repeal 1-5 MARIJUANA. See: DRUGS MAYOR -COMMISSIONER. See: CITY COMMISSION MECHANICAL CODE Adoption 6-76 Inspection fee 6-77 MERCHANDISE Zoning regulations Display of used merchandise outside of business 24-154 METERS Water meters 22-19 et seq. See: WATERWORKS SYSTEM MILITARY City employees retirement system Military service credit 2-275 MINIWAREHOUSES Zoning regulations 24-160 MINORS Child care centers Zoning regulations 24-152 Children playhouses Zoning regulations Accessory uses by zoning district 24-151(b)(1) Definition of "person" to include children 1-2 Minors on streets and public places Curfew 13-153 Definitions 13-152 Owners of public places, responsibilities 13-154 Parents' responsibility 13-155 Procedures 13-157 Short title 13-151 Special functions 13-156 Violations; penalties 13-158 Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Supp. No. 21 2130 CODE INDEX Section MISDEMEANORS State misdemeanors 13-1 MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Coastal construction re 6-18 et seq. See: COASTAL CONSTRUCTION CODE Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Definitions 10-1 Minimum requirements for parks 10-2 Stopping, standing or parking of recreational vehicles Zoning regulations 24-151(b)(1), 24-163 Water shortages Washing of trailers, boats, etc. 22-39(e) Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Zoning regulations Accessory uses by zoning district Parking of recreational vehicles 24-151(b)(1) Storage and parking of vehicles and equipment in residen- tial districts 24-163 Temporary construction offices 24-168 Temporary residence, campers and trailers 24-82(h) MONTH Defined 1-2 MONUMENTS Subdivisions Design and construction standards Required improvements, monuments 24-256 MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes 12-1(b)(4) Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Barricades preventing entry of vehicles and other traffic . 5-18 Operation of motorized apparatus within 200 feet of beach 5-7 Safety zones, use of vehicles prohibited 5-17 Impounding vehicles for animals Breaking open gate, etc., of vehicle 4-3 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS Noise. See also that subject Blowing horns; taxicab drivers soliciting passengers; etc11-2 Use of sirens, whistles, etc., on vehicles 11-4 Supp. No. 21 2131 ATLANTIC BEACH CODE Section MOTOR VEHICLES AND OTHER VEHICLES (Cont'd.) 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 N 4-25 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. 21 2132 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Vacancy, filling 2-268 Voting 2-269 Chairperson, secretary, treasurer, etc 2-270 City contribution 2-288 Created, purpose 2-261 Credited service 2-272 Loss of credited service 2-273 Military service credit 2-275 Reinstatement of credited service 2-274 Death while in city employment 2-283, 2-284 Automatic pension to spouse and/or children 2-284 Elective survivor pension 2-283 Deferred retirement upon separation from employment (vesting) 2-278 Definitions 2-262 Disability retirement Continuation subject to re-examination; return to em- ployment 2-280 General conditions for eligibility 2-279 Divisions 2-291 Errors 2-296 Expenses of administering system 2-292 Fraud, protection against 2-297 Investment of retirement system assets 2-290 Level straight life pension, amount of 2-281 Member contributions 2-298 Membership generally 2-271 Method of making payments 2-294 Military service credit 2-275 Officers and employed services 2-270 Optional forms of pension payment 2-282 Subrogation rights 2-286 Voluntary retirement conditions 2-276 Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure 2-356 et seq. See: TRAVEL Waterworks system Right of access by city employees 22-19 Tapping of mains, etc., restricted to city employees 22-15 OFFICIAL MAP. See: MAPS OFF-STREET PARKING Zoning regulations 24-136 et seq. See: ZONING OIL, GREASE, ETC. Public sewers, use of Grease, oil and sand interceptors 22-132 Supp. No. 21 2135 ATLANTIC BEACH CODE Section OIL, GREASE, ETC. (Cont'd.) Limitations on discharge concentrations or quantities 22-130 Prohibited discharges 22-129 Removal of lot clearing, contractors' debris; oil and grease16-12 OPEN BURNING Fire prevention and life safety 7-36 ORDINANCES Code of ordinances 1-1 et seq. See: CODE OF ORDINANCES OUTDOOR LIGHTS Signs and advertising structures Use of flashing, revolving or blinker -type outdoor lights.. OWNER Defined P 17-10 1-2 PARADES AND PROCESSIONS Permits required for 21-2 PARKING Residential parking sticker program 21-27 Sailboats, parking of not to obstruct lifeguard activities at beaches 5-6 Stopping, standing and parking of vehicles 21-16 et seq. See: TRAFFIC Zoning regulations 24-136 et seq. See: ZONING PARKING LOTS Loitering in public places, etc. 13-2 Water shortages Washing of parking lots 22-39(e) Zoning regulations 24-162 PARKS, PLAYGROUNDS AND RECREATION Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Beaches. See also that subject Definition of "public place" to include parks 1-2 Dogs and cats running at large 4-24 Garbage, trash, bottles, etc. Depositing in parks 16-7 Howell Park Use prohibited after dark 5-31 Loitering in parks 13-2 Obstructing passage through parks, etc. 13-2 Supp. No. 21 2136 CODE INDEX PARKS, PLAYGROUNDS AND RECREATION (Cont'd.) Zoning regulations Accessory uses by zoning district Tennis, basketball, etc., and other private recreation uses Section 24-151(b)(1) PARTNERSHIPS Definition of "person" to include partnerships 1-2 PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. PEDESTRIAN EASEMENTS Subdivisions, design and construction standards 24-253(d) PEDESTRIANS Obstruction of passage of pedestrians 13-2 PENSIONS Retirement system for city employees 2-281 et seq. See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS PERSON Defined 1-2 PICNICS Beaches, picnicking on 5-3 PICTURES Obscene matters prohibited 13-6 PILE DRIVERS, STEAM SHOVELS, ETC. Noise provisions Building operations at night 11-6 PLANNED UNIT DEVELOPMENTS (PUD) Subdivisions, required improvements 24-222 Zoning regulations 24-126 et seq. See: ZONING PLANNING Community development board Appeals 14-24 Certification of board actions to the city manager 14-21 Composition 14-17 Cost 14-26 Created 14-16 Duties 14-20 Enforcement; penalties 14-27 Legal proceedings 14-28 Local planning agency 14-22 Officers 14-17 Petition of illegality 14-25 14-20 Powers Supp. No. 21 2137 ATLANTIC BEACH CODE Section PLANNING (Cont'd.) Planned unit development (PUD) Action by community development board 24-132(b) Proceedings of the board 14-23 Qualifications of members 14-17 Removal of members 14-19 Terms of office of members 14-18 Vacancies, filling 14-18 Vacancies, filling 14-18 Zoning. See also that subject Community development board to serve as planning agency 24-48, 24-49 Comprehensive plan 14-1 Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS Zoning regulations 24-31 et seq. See: ZONING PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 Subdivision regulations 24-186 et seq. See: SUBDIVISIONS PLUMBING CODE Adoption 6-56 Building sewers and connections Conformance with plumbing code 22-106 Certificates of competency 6-57 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fee 6-59 To whom issued 6-60 Water conservation regulations 6-61 Waterworks system Approval of plumbing prior to connection with water system 22-35 PNEUMATIC HAMMERS Noise provisions Building operations at night 11-6 POISONOUS SOLIDS, LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 Supp. No. 21 2138 CODE INDEX Section POLES AND WIRES Signs and advertising structures Signs, posters, etc., prohibited on utility poles, telephone poles, etc. 17-8 Zoning regulations Height limitations for flagpoles, etc 24-156(b) POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 Chief of police Appointment, compensation, removal 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Firearms 15-22 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency 15-21 Director of public safety Supervision of police department 2-41 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE POLLUTION Building sewers and connections Disposal of polluted surface drainage Public sewers Discharging polluted waters into natural outlets, etc POWER FANS Muffling of PRECEDING, FOLLOWING Defined PRIVIES, PRIVY VAULTS Constructing PROPERTY Abandoned, wrecked, junked or inoperative property, etc Declared unlawful; exception; nuisance declared Supp. No. 21 2139 22-108 22-72 11-7 1-2 22-73 21-24 ATLANTIC BEACH CODE Section PROPERTY (Cont'd.) Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS Noise provisions 11-8 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Fire prevention and life safety 7-16 et seq. See: FIRE PREVENTION AND PROTECTION Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Community development board 14-16 et seq. See: PLANNING Department of public works Created 2-79 Director of public services Appointment, compensation 2-80 Duties generally 2-81 Division chiefs Appointment, compensation 2-82 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 Supp. No. 21 2140 CODE INDEX Section TAXATION (Cont'd.) Imposed, amount 20-16 Nonpayment of tax Authority of seller to discontinue service 20-17 Payment to be made to seller 20-16 Records to be kept by seller 20-18 Inspection of records by city agents 20-18 Telephone service Duty of seller to collect 20-33 Exemptions 20-32 Levy; when payable 20-31 Monthly payments; computation of tax 20-36 Records to be kept by seller 20-34 Inspector, transcripts 20-34 Telephone calls, limitation as to 20-35 Utility services to which applicable 20-16 When purchase deemed made within city 20-20 Telephone service. See herein: Public Service Tax TAXICABS Noise in public places generally 11-2 Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TELEPHONE OR TELEGRAPH POLES Signs, posters, etc., prohibited on 17-8 TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TELEVISION AND RADIO ANTENNAS Zoning regulations Accessory uses by zoning district 24-151(b)(1) TENANTS Definition of "owner" to include tenants 1-2 TENNIS COURTS Water shortages Washing of tennis courts 22-39(e) Zoning regulations Accessory uses by zoning district 24-151(b)(1) TENSE Defined 1-2 TENTS Zoning regulations Temporary residence 24-82(h) THEATERS Dogs in theaters to be muzzled, leashed, etc. 4-25 Supp. No. 21 2153 ATLANTIC BEACH CODE TIME, COMPUTATION OF Defined Section 1-2 TITLE LOANS Definitions 21-60 Maximum interest rate 21-62 Motor vehicle title loan transactions 21-61 Title loan lending license 21-64 Transaction satisfaction and default 21-63 Transition period for regulations, restrictions and licensure provisions 21-66 Violations and penalties 21-65 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 TOWERS Zoning regulations Height limitations 24-156(b) TOWING SERVICE. See: WRECKER SERVICE TOXIC SOLIDS, LIQUIDS OR GASES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(5) Prohibited discharges 22-129 TRAFFIC Abandoned, wrecked, etc., vehicles Stopping, standing and parking. See herein that subject Adoption of Florida TTniform Traffic Control L a. 21 1 Beaches Barricades preventing entry of vehicles and other traffic . 5-18 Certain ordinances saved from repeal 1-5 Crosswalks Abandoned, wrecked, junked, etc., vehicles left unattended on crosswalks 21-25 Stopping, standing or parking vehicles on or within cross- walks 21-17(5), (6) Driveways Abandoned, wrecked, junked, etc., vehicles left unattended in front of driveways 21-25 Stopping, standing or parking in front of driveways 21-17(2) Fire hydrants Abandoned, wrecked, junked, etc., vehicles left unattended within fifteen feet of hydrants 21-25 Stopping, standing or parking within fifteen feet of hy- drants 21-17(4) Florida Uniform Traffic Control Law Adoption of 21-1 Supp. No. 21 2154 CODE INDEX Section TRAFFIC (Cont'd.) Intersections Abandoned, wrecked, junked, etc., vehicles left unattended within intersections 21-25 Signs and advertising structures obstructing vision or view 17-5 Stopping, standing or parking within twenty feet of cross- walks at intersections 21-17(6) Stopping, standing or parking within twenty feet of inter- sections 21-17(3) Supp. No. 21 2154.1 CODE INDEX VOLLEYBALL COURTS Zoning regulations Accessory uses by zoning districts W WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES WAREHOUSES Zoning regulations ILW industrial light and warehousing districts Miniwarehouses Supp. No. 21 2158.1 Section 24-151(b)(1) 24-112 24-160