The URL can be used to link to this page

AB Code Supplement 22SUPPLEMENT NO. 22 March 2000 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 95-99-72, adopted December 14, 1999. See the Code Comparative Table for further information. Remove old pages Insert new pages iii iii ix, x ix, x Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 173-174.4 173-174.4 174.7-192 175-192.3 301-304 301-304.4 307 307 355 355, 356 1455, 1456 1455, 1456 1999, 2000 1999, 2000 2055 2055 2101, 2102 2101-2102.1 2121-2122.1 2121-2122.1 2135, 2136 2135, 2136 2139, 2140 2139, 2140 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 [1] Charter PART I CHARTER 1 Art. I. Incorporation; Form of Government; Powers. 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. IV. The City Clerk 10 Art. V. The City Attorney 10 Art. VI. Department of Public Safety 11 Art. VII. Budget 11 Art. VIII. Department of Finance 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XI. Recall Elections 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Municipal Borrowing 18 Art. XVI. Suits Against the City 23 Art. XVII. General and Miscellaneous Provisions 23 Art. XVIII. When Act Takes Place 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 155 Art. I. In General 155 Art. II. City Commission 157 Art. III. City Manager 162 Art. IV Departments 163 Div. 1. Generally 163 Supp. No. 22 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 173 Art. VII. Finance 188 Div. 1. Generally 188 Div. 2. Purchasing 190 Div. 3. Uniform Travel Policy and Procedure 192.2 Div. 4. Service and User Charges 195 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 304.3 5. Beaches and Parks 353 Art. I. In General 353 Art. II. Beach Safety Zone 355 Art. III. Public Parks 355 Buildings and Building Regulation 4.07 Art. I. In General 407 Art. II. Building Code 407 Art. III. Electrical Code 413 Art. IV. 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 Art. I. In General Art. II. Fire Prevention and Life Safety 8. Flood Hazard Areas Art. I. In General Art. II. Administration Art. III. Flood Hazard Reduction Standards 9. Human Relations Art. I. In General Supp. No. 22 X 469 469 469 521 521 526 530 577 577 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 22 161, 162 19 v, vi OC 163, 164 17 vii, viii 1 165, 166 18 ix, x 22 167, 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 22 7, 8 14 174.1, 174.2 22 9, 10 14 174.3, 174.4 22 11, 12 14 174.5, 174.6 21 13, 14 14 175, 176 22 15, 16 14 177, 178 22 17, 18 14 179, 180 22 19, 20 14 181, 182 22 21, 22 14 183, 184 22 79 5, Add. 185, 186 22 91 19 187, 188 22 103, 104 OC 189, 190 22 105, 106 OC 191, 192 22 107, 108 13 192.1, 192.2 22 155, 156 12 192.3 22 157 12 193, 194 OC Supp. No. 22 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 195, 196 14 685 OC 245, 246 19 735, 736 10 246.1 19 737 10 247, 248 16 787, 788 8 299, 300 18 789, 790 8 301, 302 22 791, 792 12 303, 304 22 793 12 304.1, 304.2 22 839, 840 11 304.3, 304.4 22 841, 842 5 305, 306 21 843 5 307 22 891, 892 12 353, 354 18 893 12 355, 356 22 943, 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 47 1, 412 20 1159, 1160 2 473, 474 20 1161, 1162 21 475, 476 20 1162.1 21 477, 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 Supp. No. 22 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1233, 1234 21 1421, 1422 5 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 22 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 Supp. No. 22 [31 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1989, 1990 OC 2151, 2152 17 1991, 1992 2 2153, 2154 21 1993, 1994 6 2154.1 21 1995, 1996 13 2155, 2156 19 1997, 1998 18 2157, 2158 19 1999, 2000 22 2158.1 21 2043 OC 2159, 2160 13 2053, 2054 21 2161, 2162 16 2055 22 2162.1, 2162.2 19 2081, 2082 14 2163, 2164 6 2083, 2084 14 2165, 2166 17 2085, 2086 14 2166.1 17 2087, 2088 14 2167, 2168 OC 2101, 2102 22 2169, 2170 5 2102.1 22 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 22 2122.1 22 2123, 2124 16 2124.1, 2124.2 16 2125, 2126 9 2127, 2128 21 2129, 2130 21 2131, 2132 21 2133, 2134 18 2134.1, 2134.2 18 2135, 2136 22 2137, 2138 21 2139, 2140 22 2141, 2142 20 2143, 2144 20 2145, 2146 20 2147, 2148 20 2148.1, 2148.2 18 2148.3 18 2149, 2150 OC Supp. No. 22 [4] ADMINISTRATION § 2-261 by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulations. (Code 1970, § 16-7) Sec. 2-245. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for the enforcement of the laws and regulations. (Code 1970, § 16-8) Sec. 2-246. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Code 1970, § 16-9) Sec. 2-247. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi- leges and other conditions thereunto appertaining to Title II of the Social Security Act, as amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and employees thereof and of its departments and agencies, save and except any of the officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or employee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations. (Code 1970, § 16-10) Sec. 2-248. Designation of custodian of funds and withholding and reporting agent. The director of finance is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city and the director of finance is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 1970, § 16-11) Secs. 2-249-2-260. Reserved. DIVISION 3. RETIREMENT SYSTEM Sec. 2-261. Created, purpose. The city employees' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the employees of the city and their dependents. The effective date of the retirement system is December 22, 1975. (Ord. No. 58-75-4, § 1, 12-22-75) Supp. No. 22 173 § 2-262 ATLANTIC BEACH CODE Sec. 2-262. Definitions. The following words and phrases as used in this division shall have the following meanings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean of equal pension reserve (present value). Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. Board of trustees or board shall mean the board of trustees provided for in this division. City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. City employee shall mean any person in the employ of the city. Compensation shall mean the salary or wages paid a member for personal service rendered the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness, and full-time police officer's salary will also include incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions or payments in consid- eration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specif- ically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one/sixtieth of the aggregate amount of compensa- tion paid a member during the period of sixty (60) consecutive months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) consecutive months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) consecutive months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. 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 Supp. No. 22 174 ADMINISTRATION § 2-264 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; Ord. No. 58-99-27, § 1, 11-8-99) 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; (2) 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; Ord. No. 58-99-27, § 1, 11-8-99) 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. Supp. No. 22 174.1 § 2-265 ATLANTIC BEACH CODE 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 a police officer, but not the chief of the department, to be elected by the members of the retirement system who are also police officers; (3) One (1) member of the retirement system who is not a police officer to be elected by the members of the retirement system who are not police officers; (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. 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; Ord. No. 58-99-27, § 1, 11-8-99) 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 representative shall be for two (2) years and the term for the next succeeding non -police officer 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; Ord. No. 58-99-27, § 1, 11-8-99) Supp. No. 22 174.2 ADMINISTRATION § 2-270 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 teen, 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. 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 Supp. No. 22 174.3 § 2-270 ATLANTIC BEACH CODE 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. 22 174.4 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 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; (2) 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; Ord. No. 58-99-27, § 1, 11-8-99) 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 who has the applicable period of credited service specified in subsection (b) shall remain a Supp. No. 22 175 § 2-278 ATLANTIC BEACH CODE 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 police: Five (5) years; (2) 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; Ord. No. 58-99-27, § 1, 11-8-99) 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 disabled (as defined herein) in the line of duty. The minimum benefit for any police officer 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 police group 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 police officer, if a member of benefit group police; or (2) As a city employee, if a member of benefit group general. If 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 police officer, as the case may be. To the extent required by Florida Statutes, any condition or impairment of the health of a 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, Supp. No. 22 176 ADMINISTRATION § 2-279 the police officer shall have successfully passed a physical examination upon entering into service with the city as a 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, 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 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. Supp. No. 22 177 § 2-279 ATLANTIC BEACH CODE (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; Ord. No. 58-99-27, § 1, 11-8-99) 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 police: Age sixty (60) years; (2) 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 subsection (a) shall again become a member of the retirement system. Service shall be credited for the period the disability retirant was being paid a disability pension. (Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99) Sec. 2-281. Amount of level straight life pension. (a) 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. (b) 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. (c) 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; Ord. No. 58-99-27, § 1, 11-8-99) Supp. No. 22 178 ADMINISTRATION § 2-283 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. (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. Supp. No. 22 179 § 2-283 ATLANTIC BEACH CODE (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 police: Seventy-five (75) percent; (2) 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 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); Supp. No. 22 180 ADMINISTRATION § 2-285 (2) 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; Ord. No. 58-99-27, § 1, 11-8-99) 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 (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 Supp. No. 22 181 § 2-285 ATLANTIC BEACH CODE 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 this 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 period of 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 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. Supp. No. 22 182 ADMINISTRATION § 2-290 (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. 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, Supp. No. 22 183 § 2-290 ATLANTIC BEACH CODE 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 two (2) divisions, one (1) for members who are police officers, and one (1) for all other members. Separate accounting of the transactions of the retirement system shall be maintained for each division and shall clearly indicate the equity of each division in the assets of the retirement system. The account separation shall be effective as of June 1, 1976. Each division shall be regarded as a separate trust fund. The provisions of this section refer only to the accounting records of the retirement system and shall not be construed a requiring a physical segregation of the assets of the retirement system between the divisions. (Ord. No. 58-75-4, § 31, 12-22-75; Ord. No. 58-99-27, § 1, 11-8-99) 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) 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) Supp. No. 22 184 ADMINISTRATION § 2-295 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). (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. Supp. No. 22 185 § 2-295 ATLANTIC BEACH CODE (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) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. 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. 9mrc rS.o.n vc iM cmtw,r ca Vnta b,ticr (a) Member contributions by benefit group police bargaining unit members covered by the current bargaining unit contract shall be one (1) percent of salary and by other 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 Supp. No. 22 186 ADMINISTRATION § 2-299 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; Ord. No. 58-99-27, § 1, 11-8-99) 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) Amember'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 (701/2) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1, as Supp. No. 22 187 § 2-299 ATLANTIC BEACH CODE 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; Ord. No. 5-99-32, § 1, 12-14-99) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. Sec. 2.3m2 . aAulxvtrrcrt.:, stitxtv 'basis Of .npCYC°Lbjee Lo 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; Ord. No. 5-99-32, § 1, 12-14-99) *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. 22 188 ADMINISTRATION § 2-315 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 ordinance 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; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-314. When contracts and expenditures prohibited. No officer, department or agency shall, during any budget year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated pursuant to this Code. Any contract, verbal or written, made in violation of this Code shall be null and void. Any officer or employee of the city who shall violate this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his office or employment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which the contract is made, when the contract is permitted by law. (Laws of Fla., Ch. 57-1126, § 67; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-315. Encumbrances. (a) An appropriation shall be obligated for expenses properly chargeable against it as soon as the expense, or the liability therefor, is incurred. The director of finance shall establish an encumbrance system where appropriate, as required by the National Committee on Govern- mental Accounting, that will accomplish this obligation and shall prescribe methods of documentation so that an adequate audit trail is available as to the placing, modification and satisfaction or release of encumbrances. Once encumbered, appropriated funds shall be considered obligated and unavailable for expenditures (except to satisfy the encumbrance), transfer or reappropriation, and obligated balances of appropriations remaining undisbursed at the close of the fiscal year shall be treated as provided in subsection (b). An encumbrance may be modified either to increase or decrease the amount of funds encumbered by it, but no increase in an encumbrance shall be larger than the amount of unobligated funds then remaining in the appropriation account. An encumbrance may be released, in whole or in part, to the extent that the funds so released are not needed to pay the expense for which they were encumbered, and the funds thus released shall become unobligated funds in the appropriation account, except funds released from an encumbrance which is carried over from a prior fiscal year, which shall be treated as provided in subsection (b). (b) The encumbered balance of an appropriation account at the end of the fiscal year shall be carried over to and become a part of the appropriation account for the ensuing fiscal year, provided that the encumbrances outstanding at year end represent the estimated amount of Supp. No. 22 189 § 2-315 ATLANTIC BEACH CODE the expenditures ultimately to result if unperformed obligations in process at year end are completed. The carryover of an encumbered balance shall not release or discharge the encumbrances, but it shall be subject to the provisions of subsection (a) in the ensuing fiscal year, provided that funds released from an encumbrance which carried over shall become unappropriated funds in the beginning fund balance for the ensuing fiscal year. Encumbered balances carried over to the ensuing fiscal year shall not be reported as expenditures for the previous fiscal year, but as reservations of fund balance for subsequent fiscal year expendi- tures. (Laws of Fla., Ch. 57-1126, § 68; Ord. No. 35-92-7, § 1, 10-12-92; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-316. Fees shall be paid to city government. All fees received by an officer or employee shall belong to the city government and shall be paid daily to the city treasury. (Laws of Fla., Ch. 57-1126, § 69; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-317. Dishonored checks. The director of finance shall add a service fee of twenty dollars ($20.00) or five (5) percent of the face amount of the check, draft or order, whichever is greater, for the collection of a dishonored check, draft or other order for the payment of any licenses, fees, taxes, utility charges, commissions or charges of any sort authorized to be made under the laws of the state and this Code or other ordinances of the city. The service fee shall be in addition to all other penalties imposed by law. (Code 1970, § 14-2.1; Ord. No. 5-93-23, § 1, 2-8-93; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-318. Reserved. Editor's note—Ord. No. 5-99-32, adopted December 14, 1999, repealed § 2-318 of the Code, which pertained to reserve account for fire department review, and derived from Ord. No. 35-93-8, § 1, adopted February 8, 1993. Secs. 2-319-2-330. Reserved. DIVISION 2. PURCHASING Sec. 2-331. Bids—When required. All supplies and contractual services, when the estimated cost thereof shall exceed ten thousand dollars ($10,000.00) shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting proposals. (Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-92-22, § 1, 4-13-92; Ord. No. 5-99-32, § 1, 12-14-99) Supp. No. 22 190 ADMINISTRATION § 2-335 Sec. 2-332. Same—Notices inviting. Notice of inviting bids shall be published once in at least one (1) newspaper of general circulation at least five (5) days preceding the last day set for the receipt of proposals. The notice shall include a brief description of the services or supplies and shall state where bidding information may be secured and the time and place of opening bids. (Ord. No. 5-83-12, § 2, 13-84; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-333. Same—Deposits or bonds. Bid deposits or bid bonds shall be required on all public works construction contracts with the dollar amount in excess of twenty-five thousand dollars ($25,000.00) except for mainte- nance contracts. Bid deposits or bid bonds may be required on all other contracts or purchase orders. When bid bonds or bid deposits are required, the requirement shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant to the requirements set forth in the public notice inviting bids. Further a successful bidder may be required to forfeit any surety or bid deposit required by the city upon failure on the bidders part to enter a contract within ten (10) days after the award of a contract or as is otherwise required in the bidding documents. (Ord. No. 5-85-12, § 2, 2-13-84; Ord. No. 5-86-16, § 1, 5-27-86; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-334. Same—Opening procedure. Bids shall be submitted sealed to the city manager and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. Tabulation of all bids received shall be available for public inspection and shall be furnished to all bidders upon request. (Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-335. Same—Award of contract. (a) Lowest responsible bidder Contract shall be awarded to the lowest responsible bidder. In determining the lowest responsible bidder, in addition to price, the city commission shall consider: (1) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (4) The quality of performance of previous contract or services; (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; Supp. No. 22 191 § 2-335 ATLANTIC BEACH CODE (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (7) The quality, availability and adaptability of the supplies or contractual services to the particular use required; (8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. (b) Tie bids. If all bids received are for the same total amount or unit price, quality and service being equal, then the contract shall be awarded to one of the bidders by drawing lots in public. (c) Performance and labor and material payment bonds The city manager shall require a performance bond and a labor and material payment bond before entering a contract for a public improvement as required by Florida Statutes. (Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-336. Same—Exceptions. The formal bid procedure as defined in this division is not required in the following cases: (1) When the city commission, by a vote of the majority of those members present, waives a formal bid procedure; (2) When the goods or services to be procured are procurable from only one source, such as contracts for telephone service, electrical energy and other public utility services; books, pamphlets, periodicals, specifically designed business and research equipment and related supplies; (3) Where the services required are for professional, artistic skills or insurance, pursuant to a written contract; (4) In emergencies involving public health, safety or where immediate expenditure is necessary for repairs to city property in order to protect against further loss of or damage to the city property to prevent or minimize serious destruction of city services; (5) Contracts for the maintenance or servicing of equipment which are made with the manufacturer or authorized service agent of equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent where such a contract would otherwise be advantageous to the city; (6) When the goods or services are procured from other governmental agencies or their contracts; (7) Purchase and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment. (8) When the goods or services are procured from government -related state-wide or national associations. (Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-96-28, § 1, 11-11-96; Ord. No. 5-99-32, § 1, 12-14-99) Supp. No. 22 192 ADMINISTRATION § 2-338 Sec. 2-337. Open market procedures. All purchases of supplies and contractual services of less than the estimated value of ten thousand dollars ($10,000.00) may be made in the open market without newspaper advertise- ment and without observing the procedure prescribed by section 2-331 et seq. for the award of formal contracts. The city manager shall keep a record of all open market orders and orders for the purchase of supplies and services in accordance with the Public Records Act of the state and generally accepted accounting internal control procedures. (Ord. No. 5-83-12, § 3, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99) Sec. 2-338. Scope of purchasing authority. The city manager shall have the authority to: (1) Award contracts within the purview of this division. Provided, that no purchase order or contract for an amount in excess of ten thousand dollars ($10,00.00) be executed without city commission approval unless there is an emergency involving public health, safety or where immediate expenditure is necessary for repairs to city property in order to protect against further loss of or damage to the city property to prevent or minimize serious destruction of city property to prevent or minimize serious destruc- tion of city services. In that event, the city manager shall report the action taken and expense incurred to the city commission; (2) Prepare purchase procedures necessary for the function of purchasing; (3) Act or procure for the city the highest quality in supplies and contractual services at least expense to the city; (4) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales; (5) Establish all rules and regulations authorized by this division and any others necessary to its operation; (6) Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this division; (7) Prepare and adopt standard purchasing nomenclature for using agencies and suppli- ers; (8) Exploit the possibilities of buying in bulk so as to take full advantage of discounts; (9) Sign on behalf of the city any contract authorized by the city commission, excepting where the city commission directs that some other officer or officers shall do so. (10) Approve purchase orders and contracts in excess of ten thousand dollars ($10,000.00) when the services or goods are related to items also exempted to the formal bid procedures as listed in section 2-336, except for professional, artistic skills or insurance, which are in excess of ten thousand dollars ($10,000.00). (Ord. No. 5-83-12, § 4, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99) Supp. No. 22 192.1 § 2-339 ATLANTIC BEACH CODE Sec. 2-339. Payments. Upon receipt of an invoice, confirmed by an approved purchase order and proof that the materials, supplies or equipment have been received or work completed, the director of finance shall pay such indebtedness, taking advantage of all discounts allowed. (Code 1970, § 8-10; Ord. No. 5-99-32, § 1, 12-14-99) Secs. 2-340-2-355. Reserved. DIVISION 3. UNIFORM TRAVEL POLICY AND PROCEDURE* Sec. 2-356. Definitions. For the purpose of this division, the following words shall have the meanings indicated in this section: Authorized individual shall mean a person, other than a public officer or employee, as defined in this section, whether elected or not, who is authorized by an agency head to incur travel expenses in the performance of his duties; including but not limited to, consultants or advisors performing services on behalf of the city and persons who are candidates for executive or professional positions. Common carrier shall mean a train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. Public employee shall mean an individual other than an officer who is working in a regular or full-time position for the city and is responsible to the city manager. Public officer shall mean an individual, either elected or appointed, who in the performance of his official duties, is vested by law with powers of government. (Ord. No. 5-83-11, § 1, 1-9-84) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-357. Authority to incur travel and business expenses. If a member of the city commission or the city manager finds it necessary to incur travel and business expenses, and when the expenses are within the intent of the adopted budget, the expenditures are authorized. All travel and business expenses by public employees must be authorized by the city manager. (1) Traveling expenses shall be limited to those expenses necessarily incurred by the traveler in the performance of duties related to the functions and responsibilities of the city. *State law reference—Per diem and traveling expenses of public officers, employers and authorized persons, F.S. § 112.061. Supp. No. 22 192.2 ADMINISTRATION § 2-358 (2) Traveling expenses of prospective employees for the sole purpose of taking merit system or other job placement examinations, interviews, etc., may be authorized by the city commission or city manager. (3) Business expenses shall apply to those expenditures which are incurred in the performance of the public purpose to be performed, including meetings with govern- mental officials, seminars and training programs, pickup and delivery of parts and equipment, recruitment of personnel or industry, community promotion, and any other related activities essential to the performance of the public purpose. (Ord. No. 5-83-11, § 2, 1-9-84) Sec. 2-358. Funding. (a) All travel must have prior authorization through the completion of a travel authoriza- tion form showing the itinerary, the source of funding and whether or not a travel advance is needed. (b) Travel advances may be issued to authorized persons or individuals prior to departure on an authorized trip. The cash amount will be based on a schedule commensurate with the Supp. No. 22 192.3 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. 22 301 § 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. Legislative findings. (Sections 4-8 through 440 CGictbielt with P.S. 767.10-767.16.) The legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. (Ord. No. 95-99-70, § 1, 6-28-99) 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. Ord. No. 95-99-70, § 1, adopted June 28, 1999, added new provisions as § 4-8 to read as herein set out. 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) Supp. No. 22 302 ANIMALS § 4-10 Sec. 4-10. Dangerous dogs. (1) "Dangerous dog" means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; (b) Has severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (d) 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. (2) "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. (3) "Severe injury" means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (4) "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. (5) "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. (6) "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 (7) "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. (8) 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 Supp. No. 22 303 § 4-10 ATLANTIC BEACH CODE 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; Ord. No. 95-99-70, § 1, 6-28-99) Sec. 4-11. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. (1) (a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. (b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, wis tormenting., ahncing nr ai ltin g the dog or its owner ora family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (c) After the investigation, the animal control authority shall make an initial determina- tion as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of Chapter 48 relating to service of process. The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. (d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, Supp. No. 22 304 ANIMALS § 4-11 and the owner may file a written request for a hearing in the county court to appeal the classification within ten (10) business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph. (2) Within fourteen (14) days after a dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control authority sufficient evidence of: (a) A current certificate of rabies vaccination for the dog. (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section. (3) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous: (a) Is loose or unconfined. (b) Has bitten a human being or attacked another animal. (c) Is sold, given away, or dies. (d) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction. (4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only Supp. No. 22 304.1 § 4-11 ATLANTIC BEACH CODE members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the clog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by law enforcement officials for law enforcement work. (7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding five hundred dollars ($500.00). (Ord. No. 95-99-70, § 1, 6-28-99) Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction. (1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This 10 -day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circum- stances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. (3) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper Supp. No. 22 304.2 ANIMALS § 4-21 length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (4) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. (5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. (Ord. No. 95-99-70, § 1, 6-28-99) Sec. 4-13. Bite by a police or service dog; exemption from quarantine. Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian. (Ord. No. 95-99-70, § 1, 6-28-99) Secs. 4-14-4-20. Reserved. ARTICLE II. DOGS AND CATS* Sec. 4-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. 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. *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. 22 304.3 § 4-21 ATLANTIC BEACH CODE 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. Supp. No. 22 304.4 ANIMALS § 4-30 (b) Violations of this article shall be punishable by fines as follows: 1. First offense: (The current offense is a "first" offense if there have been no other citations in the preceding thirty-six (36) months) Twenty-five dollars ($25.00); if not paid within fourteen (14) days, fine goes to fifty dollars ($50.00); if not paid within thirty (30) days, a code enforcement hearing is required which could result in fines of up to two hundred and fifty dollars ($250.00) per day. 2. Second offense: (The current offense is a second offense if there has been only one (1) previous citation within the preceding thirty-six (36) months) One hundred dollars ($100.00); if not paid in fourteen (14) clays, fine goes to one hundred fifty dollars ($150.00); if not paid within thirty (30) days, a code enforcement hearing is required which could result in fines up to two hundred and fifty dollars ($250.00) per day. 3. Third and subsequent offenses: (The current offense if a third or subsequent offense if there have been two (2) or more previous citations within the preceding thirty-six (36) months) Mandatory appearance before the code enforcement board. 4. Anyone cited with a violation of this article who pays the required fines and then goes three (3) years with no offenses shall return to the status of having no prior offenses for the purposes of this section. (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; Ord. No. 95-99-70, § 2, 6-28-99) [The next page is 353] Supp. No. 22 307 BEACHES AND PARKS § 5-31 ARTICLE II. BEACH SAFETY ZONE Sec. 5-16. Establishment; hours and period of use. During the entire period from 8:00 a.m. and 7:00 p.m. of each day, beginning May 1 and continuing to and including September 30 in each year, all of that area of the ocean beach within the city lying southerly of the prolongation easterly of the northerly line of the seawall to the low water mark of the Atlantic Ocean and northerly of the prolongation easterly to the low water mark of the northerly line of lot 5, block 36, Atlantic Beach, according to the plat recorded in plat book 5, page 69 of the current public records of the county, is established as a safety zone for the use of persons engaged in bathing, sunbathing, games, fishing and similar recreational activities. (Code 1970, § 5-5) Sec. 5-17. Use of vehicles and riding of animals prohibited. It shall be unlawful for any person to propel, operate or drive any motorized vehicle or any vehicle drawn by a draft animal or to ride any animal at any time within that area of the ocean beach specified in section 5-16, above. (Code 1970, § 5-6; Ord. No. 57-86-11, § 1, 4-14-86) Cross references—Animals generally, Ch. 4; traffic and motor vehicles, Ch. 21. Sec. 5-18. Barricades. The city manager shall erect and maintain at all times during the hours and period specified in section 5-16 suitable obstructions or barricades along the northerly and southerly lines of the area described in section 5-16 to prevent the entry therein of vehicles and other traffic prohibited by this article. (Code 1970, § 5-7; Ord. No. 57-86-11, § 1, 4-14-86) Secs. 5-19-5-30. Reserved. ARTICLE III. PUBLIC PARKS Sec. 5-31. Public parks use prohibited after dark. It shall be unlawful for any person or groups of persons to congregate in or about or traverse through any public parks: (a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later, except as follows: (1) When using lighted public facilities in public parks, such as ball fields and tennis courts, provided such use shall never be later than 10:00 p.m.; (2) When an organized event has been approved by the parks and recreation department. Supp. No. 22 355 § 5-31 ATLANTIC BEACH CODE (b) When a park or parks have been officially closed by the city for maintenance, construction, repairs, and the like, and has been so posted. (Ord. No. 95-88-35, § 1, 9-26-88; Ord. No. 95-99-72, § 1, 12-14-99) Editor's note—Ord. No. 95-88-35, § 1, adopted September 26, 1988, amended the Code by adding a new § 5-19. The aforesaid has been redesignated as § 5-31 at the discretion of the editor. [The next page is 407] Supp. No. 22 356 ZONING AND SUBDIVISION REGULATIONS § 24-157 Sec. 24-154. Display of used merchandise outside of business. It shall be unlawful for any business or commercial enterprise to have outside display or sales of used furniture, clothing, dry goods, hardware or other similar materials. (Ord. No. 90-82-72, § 1, 6-28-82) Sec. 24-155. Establishments offering dancing or live entertainment. If at any time the city commission shall determine, based upon procedural due process, that the live entertainment for which a conditional use permit has been issued constitutes a public or private nuisance, is not in the best interests of the public, is contrary to the general welfare or has an adverse effect upon the public health, safety, comfort, good order, appearance or value of property in the immediate or surrounding vicinity, then the city commission may, upon such determination, revoke, cancel or suspend such license, and any person or party applying for and receiving a conditional use permit for live entertainment is hereby placed on notice that the permit may be canceled, revoked or suspended at any time pursuant to the provisions of this section. Every conditional use permit hereafter granted for live entertainment shall contain a recitation upon the face thereof that the same is subject to revocation, cancellation or suspension for the reasons stated in this section. (Ord. No. 90-82-74, § 2(III, H, 4), 7-26-82) Sec. 24-156. Exceptions to height limitations. (a) Upon specific application, the city commission may make exceptions to the limitations and restrictions on height of buildings in all zoning districts described in this article, except the single-family residential zoning districts; provided, that in any instance wherein such an exception is granted, the city commission shall prescribe the maximum allowable height of the building or buildings involved. (b) Chimneys; water, fire, radio and television towers; church spires, domes, cupolas, stage towers and scenery lofts; cooling towers, elevators and stair bulkheads, smokestacks, flagpoles; parapet walls and similar structures and their necessary mechanical appurtenances may be erected above the height limits established by this article without the necessity of obtaining a waiver of or exception to the height limitation by the city commission. However, the heights of these structures shall not exceed the height limitations prescribed by the Federal Aviation Administration (FAA) within the flight approach zone patterns of airports. Plans for construc- tion in these areas shall be approved by the FAA prior to submittal to the administrative official for site plan approval. (Ord. No. 90-82-74, § 2(III, 11, 5), 7-26-82) Sec. 24-157. Fences, hedges and walls; eaves and cornices. (a) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure between the front property line and the front building setback line exceeding four (4) feet in height at any given point. In the area between the front building setback line and the rear property line, no fence or wall shall exceed six (6) feet in height at any given point. Supp. No. 22 1455 § 24-157 ATLANTIC BEACH CODE On corner lots, no fence, hedge or wall, exceeding four (4) feet in height, shall be constructed within fifteen (15) feet of a side property line which abuts a public street. The height of fences and walls shall be measured from grade to the top of the fence or wall. Where a fence or wall is erected at the junction of properties with varying elevations, the height of the fence or wall is measured from the side with the lowest elevation. (b) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure exceeding four (4) feet in height, nor plant, keep or maintain any hedge, bush or shrubbery exceeding three (3) feet in height upon real property within a distance of twenty-five (25) feet from the point where the right-of-way of any road or street intersects the right-of-way of another road or street. (c) Eaves and cornices, where they project into any required yard, shall not project more than forty (40) percent of the width of the required yard over which they project. (Ord. No. 90-82-74, § 2(II1, H, 6), 7-26-82; Ord. No. 90-86-105, § 3, 7-14-86; Ord. No. 90-89-141, § 1, 4-24-89; Ord. No. 90-99-168, § 1, 6-28-99) Sec. 24-158. Guardhouses and security buildings. (a) Guardhouse or security building shall mean any structure designed, built or used exclusively for the shelter and on -duty accommodation of persons engaged in the protection, guarding and security of persons and property. (b) Upon specific approval, by the city, of an application for a building permit to install, construct or place guardhouse or security building and issuance of a building permit, a guardhouse or security building may be erected, installed, placed or constructed within any zoning district. (c) Any person or party desiring to erect, install, place or construct any guardhouse or security building shall apply to the administrative official for a permit. Such application shall meet all requirements of applications for building permits and shall be accompanied by the building permit fee required by the city for commercial structures. (d) Upon receipt of the application and filing fee, the city shall, as soon as practicable, either approve and authorize issuance of the permit, or deny the same. If the permit is authorized, the administrative official shall issue a permit for the guardhouse or security building. (e) No guardhouse or security building shall be occupied until the time has passed all building inspections and a certificate of occupancy has been issued. (f) When any guardhouse or security building has ceased to be used for such purpose as defined in this section, and the guardhouse or security building does not meet all setback, square footage, electrical, plumbing and other requirements of this article for issuance of a building permit as a principal use, accessory use or conditional use in the zoning district where the building is located, it shall be removed at the owner's expense unless the city authorizes the continued use. (Ord. No. 90-82-74, § 2(III, H, 7), 7-26-82) Supp. No. 22 1456 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. 22 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 5-99-32 12-14-99 1 2-311-2-317, 2-331-2-339 Rpld 2-318 58-99-27 11- 8-99 1 2-262, 2-263, 2-266, 2-267, 2-276-2-281, 2-284, 2-291, 2-298 90-99-168 6-28-99 1 24-157(a) 95-99-70 6-28-99 1 4-8, 4-10, 4-11-4-13 2 4-30 95-99-72 12-14-99 1 5-31 [The next page is 2043] Supp. No. 22 2000 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) 4-26 767.12 4-12(1 4) 768.28 2-1(b)(1) 775.082 4-12(1-3) 775.083 4-12(1-3) 775.084 4-12(3) 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. 22 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, MR 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. 22 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 Appeals 4-11 Attack or bite by dangerous dog; penalties; confiscation; destruction 4-12 Legislative findings 4-8 Certification of registration 4-11 Classification as dangerous 4-11 Confinement of animal 4-11 Exemption 4-11 Notice and hearing requirements 4-11 Supp. No. 22 2102 CODE INDEX Section ANIMALS AND FOWL (Cont'd.) Police or service dog, bite by a; exemption from quaran- tine 4-13 Unlawful acts 4-11 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. 22 2102.1 CODE INDEX FINANCES (Cont'd.) Encumbrances Fees paid to city government Fiscal year Purchasing See: PURCHASES, PURCHASING Service and user charges Authorization Fees and charges Taxation See: TAXATION Transfers of appropriations Uniform travel policy and procedure See: TRAVEL User charges. See herein: Service and User Charges FINANCING OF HOUSING Discrimination in See also: FAIR HOUSING FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code FINGERPRINTING Charitable solicitation permit regulations re FIRE DEPARTMENT Chief of fire department Appointment Compensation Duties and authority Fire prevention code Appeals from actions of chief Enforcement of code by chief Modifications of code by chief Director of public safety Supervision of fire department Fire chief. See herein: Chief of Fire Department Life guard division FIRE ESCAPES Signs obstructing FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant Fire prevention and life safety Fire hydrants and fire department connections Supp. No. 22 2121 Section 2-315 2-316 2-311 2-331 et seq. 2-367 2-368 20-16 et seq. 2-313 2-356 et seq. 9-22 18-2 2-61 2-61 2-62 7-19 7-17 7-18 2-41 2-63 17-6 21-25(a)(1) 7-35 ATLANTIC BEACH CODE Section FIRE HYDRANTS (Cont'd.) Stopping, standing or parking vehicle within fifteen feet of hydrant 21-17(4) Water shortages Permitting water to be used from fire hydrants 22-39(e)(4) FIRE PREVENTION AND PROTECTION Arsonists Reward for information leading to conviction of 7-2 Fire prevention and life safety Alarms False silent alarms 7-41 Appeals 7-25 Automatic fire sprinkler requirements 7-31 Building permits 7-32 Burning, open 7-36 Codes Adopted 7-18 Modifications 7-42 Compliance 7-23 Dangerous conditions Notice to eliminate 7-21 Compliance 7-23 Summary abatement 7-26 Definitions 7-17 Fees 7-30 False silent alarms 7-41 Fire hydrants and fire department connections 7-35 rewu.tks 1-39 Hazardous materials identification and information 7-34 Inspection 7-19 Authority to require exposures or stop work 7-24 Appeals 7-25 Fees 7-30 Right of entry 7-20 Investigating fires, authority 7-28 Key vault security requirement 7-29 Modifications 7-42 Occupant load/overcrowding 7-40 Open burning 7-36 Permits and certificates 7-38 Building permits 7-32 Fees 7-30 Purpose and intent 7-16 Right of entry 7-20 Service of orders 7-22 Appeals 7-25 Compliance 7-23 Smoke detection power source 7-33 Supp. No. 22 2122 CODE INDEX Section FIRE PREVENTION AND PROTECTION (Cont'd.) Stop work, authority to require 7-24 Appeals 7-25 Street address identification 7-37 Testing, fees 7-30 Violations Penalties and other remedies for violations 7-27 Service of orders to correct violations 7-22 Summary abatement 7-26 Reward for information leading to conviction of arsonists7-2 Title 7-1 Water service charges Private fire protection service 22-30 Zoning regulations Planned unit development (PUD) Access for fire -fighting equipment 24-136(c) FIREARMS AND WEAPONS Discharging firearms, air guns, etc 13-3 Disposal of confiscated or lot firearms 15-22 Hunting, shooting, etc., birds or wild fowl 4-4 Replica firearms Definitions 13-8 Possession and use regulated 13-9 FIRES Community development board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc., because of fire 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs creating fire hazards 17-4 Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-24 FIREWORKS Fire prevention and life safety Provisions re fireworks 7-39 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 Supp. No. 22 2122.1 CODE INDEX OFFICERS AND EMPLOYEES (Cont'd.) Vacancy, filling Voting Chairperson, secretary, treasurer, etc City contribution Created, purpose Credited service Loss of credited service Military service credit Reinstatement of credited service Death while in city employment Automatic pension to spouse and/or children Elective survivor pension Deferred retirement upon separation from employment (vesting) Definitions Disability retirement Continuation subject to re-examination; return to em- ployment General conditions for eligibility Divisions Errors Expenses of administering system Fraud, protection against Investment of retirement system assets Level straight life pension, amount of Member contributions Membership generally Method of making payments Military service credit Officers and employed services Optional forms of pension payment Subrogation rights Voluntary retirement conditions Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure See: TRAVEL Waterworks system Right of access by city employees Tapping of mains, etc., restricted to city employees OFFICIAL MAP. See: MAPS Section 2-268 2-269 2-270 2-288 2-261 2-272 2-273 2-275 2-274 2-283, 2-284 2-284 2-283 2-278 2-262 2-280 2-279 2-291 2-296 2-292 2-297 2-290 2-281 2-298 2-271 2-294 2-275 2-270 2-282 2-286 2-276 2-356 et seq. 22-19 22-15 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. 22 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 Loitering in parks 13-2 Obstructing passage through parks, etc. 13-2 Public parks Use prohibited after dark 5-31 Supp. No. 22 2136 CODE INDEX POLES AND WIRES Signs and advertising structures Signs, posters, etc., prohibited on utility poles, telephone poles, etc. Zoning regulations Height limitations for flagpoles, etc Section 17-8 24-156(b) POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 Police or service dog, bite by a; exemption from quarantine 4-13 Chief of police Appointment, compensation, removal 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Firearms 15-22 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency . 15-21 Director of public safety Supervision of police department 2-41 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc 22-72 POWER FANS Muffling of 11-7 PRECEDING, FOLLOWING Defined PRIVIES, PRIVY VAULTS Constructing PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared Supp. No. 22 2139 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 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PIJBLIC PLACES 11-8 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. C• nT A IIiTTT4Jr1 u" c. 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. 22 2140