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AB Code Supplement 23SUPPLEMENT NO. 23 October 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. 45-00-14, adopted July 24, 2000. See the Code Comparative Table for further information. Remove old pages Insert new pages ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 155, 156 155, 156 173-188 173-188.26 413, 414 413, 414 1003, 1004 1003-1005 1157, 1158 1157, 1158 1163-1177 1163-1179 1223-1226 1223-1226.1 1287, 1288 1286.1-1287 1999, 2000 1999, 2000 2053-2055 2053-2055 2107, 2108 2107-2109 2115-2116.2 2115-2116.2 2124.1-2126 2125-2126.2 2135-2154.1 2135-2154.4 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1 -800 -262 -CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of the City at Time of Codification iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [11 PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. IV. The City Clerk 10 Art. V. The City Attorney 10 Art. VI. Department of Public Safety 11 Art. VII. Budget 11 Art. VIII. Department of Finance 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XI. Recall Elections 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Municipal Borrowing 18 Art. XVI. Suits Against the City 23 Art. XVII. General and Miscellaneous Provisions 23 Art. XVIII. When Act Takes Place 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 155 Art. I. In General 155 Art. II. City Commission 157 Art. III. City Manager 162 Art. IV. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 163 Div. 3. Fire Department 164 Supp. No. 23 ix ATLANTIC BEACH CODE 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. General Employee Retirement System 174 Div. 4. Police Officers' Retirement System 188.5 Art. VII. Finance 188.26 Div. 1. Generally 188.26 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 6. Buildings and Building Regulations 407 Art. I. In General 407 Art. II. Building Code 407 rt 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 469 Art. I. In General 469 Art. II. Fire Prevention and Life Safety 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 526 Art. III. Flood Hazard Reduction Standards 530 9. Human Relations 577 Art. I. In General 577 Art. II. Fair Housing 577 10. Mobile Homes and Recreational Vehicles 631 Supp. No. 23 g TABLE OF CONTENTS—Cont'd. 11. Noise 683 12. Nuisances 735 13. Offenses 787 Art. I. In General 787 Art. II. Minors on Streets and in Public Places 791 14. Planning/Zoning/Appeals Art. I. In General Art. II. Community Development Board 839 839 839 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property891 16. Solid Waste and Recycling 943 17. Signs and Advertising Structures 995 Art. I. In General 995 Art. II. Permit 1003 18. Solicitations 1055 19. Streets, Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. I. In General 1157 Art. II. Public Service Tax 1157 Div. 1. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Occupational License Tax 1160 Art. IV. Insurance Premium Taxes 1177 Art. V. Additional Homestead Exemption 1178 21. Traffic and Motor Vehicles 1221 Art. I. In General 1221 Art. II. Stopping, Standing and Parking 1222 Div. 1. Generally 1222 Div. 2. Enforcement 1229 Art. III. Wrecker Service 1231 Art. IV. Motor Vehicle Title Loans 1233 22. Utilities 1275 Art. I. In General 1275 Art. II. Waterworks System 1276 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1286.2 Div. 4. Building Sewers and Connections 1288.1 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1294.1 Div. 8. Sewer System Extensions 1299 Supp. No. 23 Xi ATLANTIC BEACH CODE Art. IV. Stormwater Management Div. 1. Generally Div. 2. Rates and Charges 1301 1301 1305 23. Vegetation 1351 Art. I. In General 1351 Art. II. Tree Protection 1351 Art. III. Accumulation of Weeds 1362 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. II. Language and Definitions 1404 Art. III. Zoning Regulations 1420 Div. 1. Generally 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 Div. 4. General Provisions and Exceptions 1430 Div. 5. Establishment of Districts 1433 Div. 6. Planned Unit Development (PUD) 1446.1 Div. 7. Supplementary Regulations 1452 Div. 8. Landscaping 1464 Art. IV. Subdivision Regulations 1466.5 Div. 1. Generally 1466.5 Div. 2. Application Procedure 1466.7 Div. 3. Required Improvements 1473 Div. 4. Assurance for Completion and Maintenance of Improvements 1474 Div. 5. Design and Construction Standards 1477 Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp. No. 23 xii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 159, 160 8 iii 22 161, 162 19 v, vi OC 163, 164 17 vii, viii 1 165, 166 18 ix, x 23 167, 168 18 xi, xii 23 169, 170 18 1, 2 19 171 18 3, 4 14 172.1, 172.2 15 5, 6 14 173, 174 23 7, 8 14 175, 176 23 9, 10 14 177, 178 23 11, 12 14 179, 180 23 13, 14 14 181, 182 23 15, 16 14 183, 184 23 17, 18 14 185, 186 23 19, 20 14 187, 188 23 21, 22 14 188.1, 188.2 23 79 5, Add. 188.3, 188.4 23 91 19 188.5, 188.6 23 103, 104 OC 188.7, 188.8 23 105, 106 OC 188.9, 188.10 23 107, 108 13 188.11, 188.12 23 155, 156 23 188.13, 188.14 23 157 12 188.15, 188.16 23 Supp. No. 23 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 188.17, 188.18 23 527, 528 6 188.19, 188.20 23 529, 530 6 188.21, 188.22 23 531, 532 6 188.23, 188.24 23 533, 534 6 188.25, 188.26 23 535 6 189, 190 22 577, 578 OC 191, 192 22 579, 580 OC 192.1, 192.2 22 581 OC 192.3 22 631, 632 OC 193, 194 OC 683, 684 OC 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 23 999, 1000 19 415, 416 18 1001, 1002 19 417, 418 20 1003, 1004 23 419, 420 20 1005 23 421, 422 20 1055, 1056 15 423, 424 20 1057, 1058 15 425 20 1059 15 469, 470 20 1107, 1108 18 471, 472 20 1157, 1158 23 473, 474 20 1159, 1160 2 475, 476 20 1161, 1162 21 477, 478 21 1162.1 21 479, 480 20 1163, 1164 23 521, 522 6 1165, 1166 23 523, 524 6 1167, 1168 23 525, 526 6 1169, 1170 23 Supp. No. 23 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1171, 1172 23 1359, 1360 17 1173, 1174 23 1361, 1362 17 1175, 1176 23 1363 17 1177, 1178 23 1403, 1404 17 1179 23 1405, 1406 3 1221, 1222 21 1407, 1408 OC 1223, 1224 23 1409, 1410 12 1225, 1226 23 1411, 1412 12 1226.1 23 1412.1 12 1227, 1228 12 1413, 1414 5 1229, 1230 _ 12 1415, 1416 5 1231, 1232 12 1417, 1418 10 1233, 1234 21 1419, 1420 12 1235, 1236 21 1421, 1422 5 1237, 1238 21 1423, 1424 5 1239, 1240 21 1425, 1426 5 1275, 1276 18 1427, 1428 5 1277, 1278 18 1429, 1430 11 1279, 1280 18 1431, 1432 11 1281, 1282 18 1432.1 11 1283 18 1433, 1434 6 1284.1, 1284.2 13 1435, 1436 5 1284.3, 1284.4 13 1437, 1438 6 1284.5 13 1438.1 6 1285, 1286 OC 1439, 1440 5 1286.1, 1286.2 23 1441, 1442 7 1287 23 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 Supp. No. 23 [3] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1466.7 17 2129, 2130 21 1467, 1468 OC 2131, 2132 21 1469, 1470 OC 2133, 2134 18 1471, 1472 OC 2134.1, 2134.2 18 1473, 1474 OC 2135, 2136 23 1475, 1476 3 2137, 2138 23 1477, 1478 OC 2139, 2140 23 1479, 1480 OC 2141, 2142 23 1481, 1482 OC 2143, 2144 23 1483 OC 2145, 2146 23 1983, 1984 OC 2147, 2148 23 1985 OC 2149, 2150 23 1987, 1988 OC 2151, 2152 23 1989, 1990 OC 2153, 2154 23 1991, 1992 2 2154.1, 2154.2 23 1993, 1994 6 2154.3, 2154.4 23 1995, 1996 13 2155, 2156 19 1997, 1998 18 2157, 2158 19 1999, 2000 23 2158.1 21 2043 OC 2159, 2160 13 2053, 2054 23 2161, 2162 16 2055 23 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 23 2109 23 2111, 2112 17 2113, 2114 19 2115, 2116 23 2116.1, 2116.2 23 2117, 2118 19 2119, 2120 20 2121, 2122 22 2122.1 22 2123, 2124 16 2125, 2126 23 2126.1, 2126.2 23 2127, 2128 21 Supp. No. 23 [4] Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Chapter 2 ADMINISTRATION* In General, §§ 2-1-2-15 City Commission, §§ 2-16-2-30 City Manager, §§ 2-31-2-40 Departments, §§ 2-41-2-130 Div. 1. Generally, §§ 2-41-2-50 Div. 2. Police Department, §§ 2-51-2-60 Div. 3. Fire Department, §§ 2-61-2-70 Div. 4. Department of Finance, §§ 2-71-2-78 Div. 5. Department of Public Works, §§ 2-79-2-130 Boards and Commissions, §§ 2-131-2-225 Div. 1. Generally, §§ 2-131-2-140 Div. 2. Code Enforcement Board, §§ 2-141-2-160 Div. 3. Nuisance Control Board, §§ 2-161-2-225 Employee Benefits, §§ 2-226-2-310.29 Div. 1. Generally, §§ 2-226-2-240 Div. 2. Old -age and Survivors Insurance, §§ 2-241-2-260 Div. 3. General Employee Retirement System, §§ 2-261-2-299 Div. 4. Police Officers' Retirement System, §§ 2-300-2-310.29 Finance, §§ 2-311-2-368 Div. 1. Generally, §§ 2-311-2-330 Div. 2. Purchasing, §§ 2-331-2-355 Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366 Div. 4. Service and User Charges, §§ 2-367, 2-368 ARTICLE I. IN GENERAL Sec. 2-1. Defense of civil actions against public officers, employees or agents; payment of judgments or settlements. (a) Defense of civil actions. The city shall provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents for an act or omission arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the officer, employee or agent acted in bad faith, with malicious purpose, or in a manner exhibiting willful disregard of human rights, safety, or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the officer, employee, or agent for an act or omission under color of state law, custom or usage, wherein it is alleged that *Charter references—Form of government, § 3; general powers, § 4. Cross references—Planning/zoning/appeals, Ch. 14; community development board, § 14-16 et seq.; police, Ch. 15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, § 24-46 et seq. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. Supp. No. 23 155 § 2-1 ATLANTIC BEACH CODE such officer, employee, or agent has deprived another person of his rights secured under the Federal Constitution or laws. Legal representation of an officer, employee, or agent of the city may be provided by the city attorney. However, any attorney's fees paid from public funds for an officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his employment, or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered by the city in a civil action against such officer, employee, or agent. If the city fails, pursuant to this section to provide an attorney to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents and fails to provide such attorney, the city shall reimburse the defendant who prevails in the action for court cost and reasonable attorney's fees. (b) Payment of judgments or settlements against certain public officers or employees. When the city fails to provide insurance coverage for action set forth in subsection (a) and is not participating in the State Insurance Risk Management Trust Fund it will pay: (1) Any final judgment, including damages, costs, and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of action of any officer, employee, or agent in a civil or civil rights lawsuit described in subsection (a). If the civil action arises under section 768.28, Florida Statutes, as a tort claim, the limitation and provision of section 768.28 governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. 1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally. (2) Any compromise or settlement of any claim or litigation as described in paragraph (1) subject to the limitations set forth in that paragraph. (3) Any reimbursement required under subsection (a) for court costs and reasonable attorney's fees when the city has failed to provide an attorney and the defendant prevails. (Ord. No. 95-88-34, §§ 1, 2, 3-14-88) Editor's note—Ord. No. 95-88-34, §§ 1, 2, adopted March 14, 1988, did not specifically amend the Code; therefore, inclusion as § 2-1 was at the discretion of the editor. Sec. 2-2. Charitable contributions prohibited. The city shall not contribute city funds to any charitable, nonprofit, or other worthy causes. (Ord. No. 95-91-50, § 1, 10-28-91) Editor's note—Ord. No. 95-91-50, § 1, adopted Oct. 28, 1991, amended the Code by adding § 1-5(b). For purposes of classification, § 1-5(b) has been codified as § 2-2 at the discretion of the editor. Secs. 2-3-2-15. Reserved. Supp. No. 23 156 ADMINISTRATION § 2-260 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. Supp. No. 23 173 § 2-261 ATLANTIC BEACH CODE DIVISION 3. GENERAL EMPLOYEE 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) 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 that any benefit payable under the terms of this plan in a form other than the standard form of benefit for members shall have the same actuarial present value on the date payment commences as such standard form of benefit. For the purpose of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using the 1983 Group Mortality Table, with ages set ahead five (5) years in the case of disability. 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, other than police officers and firefighters. 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. Compensation shall not include redemptions or payments in consideration 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 specifically 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. Supp. No. 23 174 ADMINISTRATION § 2-263 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. 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 shall mean an employee's separation from city employment as an employee with immediate eligibility for receipt of benefits under 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; Ord. No. 58-99-26, § 1, 7-10-00) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-263. Benefit groups. (a) The following benefit group is hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount: Benefit group general shall consist of all members not included in another city pension plan. (b) Benefit eligibility condition 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 general. (Ord. No. 58-75-4, § 3, 12-22-75; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00) Supp. No. 23 175 § 2-264 ATLANTIC BEACH CODE Sec. 2-264. Board of trustees—Responsibilities and duties generally. The general administration, management, and responsibility for the proper operation of the retirement system, for construing, interpreting, and making effective the provisions of this division, and for making recommendations to the city commission on matters concerning this retirement system are vested in the board of trustees. (Ord. No. 58-75-4, § 4, 12-22-75; Ord. No. 58-98-25, § 2, 11-23-98) Cross reference—Boards and commissions generally, § 2-131 et seq. Sec. 2-265. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render a report to the city commission on or before the first day of April of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-75-4, § 10, 12-22-75) Sec. 2-266. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2) residents of the city to be selected by the city commission and serve at the pleasure of the city commission, who may also serve as trustees of the police officer retirement system created in division 4 hereof; (2) Two (2) members of the retirement system who are employees of the city, but not police officers or firefighters, to be elected by the members of the retirement system who are also similarly situated employees of the city; (3) 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) 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; Ord. No. 58-99-26, § 1, 7-10-00) 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, Supp. No. 23 176 ADMINISTRATION § 2-270 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 and the term for the next succeeding 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; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-268. Same—Vacancy; filling of vacancy. (a) A vacancy shall occur on the board of trustees if any member shall resign or any employee representative ceases to be employed by the city. A vacancy shall occur on the board if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, if applicable, in the same manner as the position was previously filled. (Ord. No. 58-75-4, § 7, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 4, 11-23-98) Sec. 2-269. Same—Meetings; quorum; voting; compensation. The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall designate the time and place of each meeting. All meetings of the board shall be open to the public. Notice of such meetings shall be posted on employee bulletin boards so that employees will be aware of the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each question before the board. 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. Supp. No. 23 177 § 2-270 ATLANTIC BEACH CODE (3) Treasurer: The director of finance shall be treasurer of the retirement system. The treasurer shall be custodian of the assets of the retirement system except as to the assets as the board may from time to time place in the custody of a nationally chartered bank or approved financial manager. (4) Legal advisor: The board is empowered to employ independent legal counsel but is authorized to utilize the services of the city attorney. (5) Actuary: The board shall appoint an actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (6) 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. (7) Services: The board is authorized and empowered to employ such professional, medical, technical or other advisors as are required for the proper administration of the retirement system. These services shall be obtained and the compensation for these services shall be determined in accordance with procedures established by the board. (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-98-25, §§ 5-8, 11-23-98) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. Supp. No. 23 178 ADMINISTRATION § 2-272 (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (2) Any city managerial or professional employee who is employed pursuant to an individual contract of employment which does not provide for the employee's partici- pation in this retirement system; (3) Elected officials of the city; (4) Positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (5) Temporary employees; (6) Any person initially employed as or promoted to a position designated by the city as executive or department head shall elect to participate or not participate in the retirement system. Such election shall be irrevocable for as long as the employee holds such executive or department head position. Should any such member elect to discontinue participation in the retirement system, the member's entitlement to benefits hereunder shall be governed by the system's provisions in effect at the time of such discontinuance. (c) An individual shall cease to be a member upon termination of employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more hours of work in a year, or upon becoming employed in an excluded position. (d) Effective June 1, 1999, all firefighter employees of the City of Atlantic Beach are hereby consolidated into the City of Jacksonville Fire Department. On execution of this action, City of Atlantic Beach firefighter employees became members of the City of Jacksonville Police and Fire Pension Fund with full rights and benefits in accordance with Chapter 121, City of Jacksonville Ordinance Code, and with other applicable law. Such consolidation is in accordance with Resolutions 95-944-256 and 98-1006 of the City of Jacksonville, which provide for an interlocal agreement between the cities of Jacksonville and Atlantic Beach entered into by these cities effective on the 1st day of June 1999; and the City of Jacksonville's Ordinance 1999-472-E, which was enacted on the 25th day of May, 1999 and approved on the 1st day of June 1999. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86; Ord. No. 58-93-19, § 1, 9- 27-93; Ord. No. 58-98-25, § 9, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of the Florida Statutes. In no case shall more than one (1) year of credited service be credited on account of all service Supp. No. 23 179 § 2-272 ATLANTIC BEACH CODE rendered by a member in any one period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. (Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-273. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-274. Reinstatement of credited service. A member's forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture, provided that the member repays to the retirement system the contributions refunded under subsection 2-298(d) hereof plus interest at the actuarially assumed rate in accordance with terms established by the board of trustees. (Ord. No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98) Sec. 2-275. Military service credit. (a) A member of the retirement system who leaves or left city employment voluntarily or non -voluntarily to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commis- sion ,. , ,. sion shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA) after the date of termination of such active duty; (2) In no case shall more than the years of service provided for in USERRA be credited on account of all military service. (3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with USERRA and Section 414(u) of the Internal Revenue Code. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section and USERRA. (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 (1000) hours of Supp. No. 23 180 ADMINISTRATION § 2-276 work per annum or in a position not covered by this pension plan 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 (1000) hours or more of work per annum in a position covered by this pension plan 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, § 15, 12-22-75; Ord. No. 58-98-25, § 11, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-276. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date retirement is to be effective; (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 the age and service requirements for retirement specified in subsection (b). 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: age sixty (60) years or older, and 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; Ord. No. 58-99-26, § 1, 7-10-00) Supp. No. 23 181 § 2-277 ATLANTIC BEACH CODE 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 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: 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; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) A member having five (5) or more continuous years of credited service and having yea. retire to the retirement system for fives (5) years or more may furl 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." (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 as a city employee. (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. Supp. No. 23 182 ADMINISTRATION § 2-280 (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. (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. (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; Ord. No. 58-99-26, § 1, 7-10-00) 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 age sixty (60) years. Supp. No. 23 183 § 2-280 ATLANTIC BEACH CODE (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. (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; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-281. Amount of level straight life pension. (a) 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. (b) 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; Ord. No. 58-99-26, § 1, 7-10-00) 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. Supp. No. 23 184 ADMINISTRATION § 2-283 (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 sok 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. (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) Supp. No. 23 185 § 2-284 ATLANTIC BEACH CODE 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 seventy-five (75) 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. 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 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), but less than twenty-three (23), upon no longer being enrolled as a fulitime si,udeni, in an educational insdtucion, 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; Ord. No. 58-99-26, § 1, 7-10-00) 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. Supp. No. 23 186 ADMINISTRATION § 2-285 (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 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 Supp. No. 23 187 § 2-285 ATLANTIC BEACH CODE 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 promul- gated 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, contributions from the city and other income sources as authorized by law. (b) 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 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 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. (c) 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; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-289. Reserved. Editor's note -Ord. No. 58-98-25, § 25, adopted Nov. 23, 1998, repealed § 2-289 which pertained to reserve for undistributed investment income and derived from Ord. No. 58-75-4, § 29, adopted Dec. 22, 1975. Supp. No. 23 188 ADMINISTRATION § 2-293 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 invest in those stocks, bonds and other securities permitted by the investment policies or guidelines adopted by the trustees. (a) Delegation and allocation of investment functions. (1) The Trustees shall have the power and authority to appoint one (1) or more investment managers who shall be responsible for the management, acquisition, disposition, investing and reinvesting of such of the assets of the Trust Fund as the Trustees shall specify. Any such appointment may be terminated by the Trustees upon written notice. The fees of such investment manager shall be paid out of the Trust Fund. The Trustees shall require that the investment manager acknowledge in writing that it is a named fiduciary with respect to the plan. (2) In connection with any allocation or delegation of investment functions under this section, the Trustees shall, from time to time, adopt appropriate investment policies or guidelines. (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; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-291. Reserved. Editor's note -Ord. No. 58-99-26, § 1, adopted July 10, 2000, deleted the former § 2-291, which pertained to divisions and derived from Ord. No. 58-75-4, § 31, adopted 12-22-75, and Ord. No. 58-99-27, § 1, adopted 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. Supp. No. 23 188.1 § 2-294 ATLANTIC BEACH CODE Sec. 2-294. Method of making payments. All payments under this division shall be made according to the provisions of the City Charter and city ordinances governing the disbursement of city monies. No payment shall be made that has not been authorized by a specific or continuing resolution of the board of trustees. (Ord. No. 58-75-4, § 34, 12-22-75) Sec. 2-295. Assignments prohibited. (a) Generally. The right of a person to a pension, disability, death or survivor benefit, and any other right accrued or accruing to any person under the provisions of this division, and any monies in assets belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of set off for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary in addition to any other remedies, including forfeiture of benefits, provided by law. (b) Direct transfers of eligible rollover distributions. This subsection applies to distributions made on or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (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. Supp. No. 23 188.2 ADMINISTRATION § 2-298 However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) "Distributee" includes an employee or former employee. In addition, the employee's or former employee's surviving spouse, or the employee's or former employee's spouse or former spouse who is the alternate payee under an income deduction order, is a distributee with regard to the interest of the spouse or former spouse. (4) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by the distributee. (Ord. No. 58-75-4, § 35, 12-22-75; Ord. No. 58-98-25, § 29, 11-23-98) Sec. 2-296. Errors. Should the board of trustees determine that any member, retirant or beneficiary is being paid from the retirement system more or less than is correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75; Ord. No. 58-98-25, § 30, 11-23-98) 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. 2-298. Member contributions. (a) 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 least monthly. (b) 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 Supp. No. 23 188.3 § 2-298 ATLANTIC BEACH CODE part of the member's compensation for purposes of determining final average compensation and any other benefits hereunder and for determining the member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime compensation. This city pick up of contributions is a result of a commensurate reduction of each member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city pension trust fund, 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. (d) 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 ; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-299. Benefit limitations and required distributions. (a) Benefits paid under the city employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member retires. Supp. No. 23 188.4 ADMINISTRATION § 2-301 Alternatively, distributions to a member must begin no later than the applicable April 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-96-21, § 1, 2-12-96) DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM* Sec. 2-300. Created, purpose. The police officers' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the police officers of the city and their dependents in accordance with chapter 185 of the Florida Statutes. The effective date of the retirement system is on adoption of this division. However, all benefits in existence under all previous retirement systems or plans effective after December 22, 1975 shall remain in effect and be included as a part of this retirement system. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-301. 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 that any benefit payable under the terms of this plan in a form other than the standard form of benefit for members shall have the same actuarial present value on the date payment commences as such standard form of benefit. For the purpose of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using the 1983 Group Mortality Table, with ages set ahead five (5) years in the case of disability. 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. *Editor's note—Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended for use as Division 4, §§ 2 -261A -2-310A. For purposes of clarity and at the editor's discretion, these provisions have been included herein as §§ 2-300-2-310.29. Supp. No. 23 188.5 § 2-301 ATLANTIC BEACH CODE Compensation shall mean the total cash remuneration paid a member for service rendered to 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 will also include incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a special detail work performed on behalf of a second party employer or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one -sixtieth (1/60) of the aggregate amount of compensation paid a member during the period of sixty (60) months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) 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) 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 185.02(11) and 943.14 Florida Statutes, and who holds the rank of patrol officer or higher, including probationary patrol officer. The term police officer shall not include any civilian city employee employed in the police department, any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board of trustees shall from time to time adopt. Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement shall mean a police officer's separation from city employment as a police officer with immediate eligibility for receipt of benefits under the retirement system. Retirement systems or system shall mean the city retirement plan created and established by this division. Supp. No. 23 188.6 ADMINISTRATION § 2-304 Service shall mean personal service rendered to the city by a police officer. 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 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. 58-99-26, § 2, 7-10-00) Sec. 2-302. Benefit groups. (a) The following benefit group is hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount: (1) 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 benefit group police. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-303. 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. Such responsibilities and duties shall be conducted in such manner as to comply with the requirements of Chapter 185 of the Florida Statutes, and shall specifically include compliance with section 185.06 therein. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-304. 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 its actuary and as required by state law (Chapters 112 & 185 F.S.) for the operation of the retirement system on a sound 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 all reports required by state (Chapter 185, F.S.) or federal law to appropriate agencies, with a copy 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. 58-99-26, § 2, 7-10-00) Supp. No. 23 188.7 § 2-305 ATLANTIC BEACH CODE Sec. 2-305. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city, appointed by the city commission, who may serve as trustees of other city boards including the general employees retirement system provided herein; (2) Two (2) police officers to be elected by the active police officers who are members of the retirement system; (3) One (1) trustee to be selected by the other four (4) members of the board of trustees, and appointed as a ministerial act by the city commission. The elections provided for in subsection (2) of this section shall be held in accordance with such rules, as the board of trustees shall from time to time adopt. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-306. Same—Term of office; oath of office. The regular term of office of a member of the board of trustees shall be two (2) years for resident appointees, and two (2) years for elected representatives, unless they terminate employment, whereupon a new election will be held by the member of the plan to fill the unexpired term of their trustee representatives. The term of office for the trustee selected by the other four (4) members of the board shall be two (2) years. 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. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-307. Same—Vacancy; filling of vacancy. (a) A vacancy shall occur on the board of trustees if any member resigns or any employee representative ceases to be employed by the city. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, in the same manner as the position was previously filled. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-308. 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 all members will be aware of the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each question before the board. Supp. No. 23 188.8 ADMINISTRATION § 2-309 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 in accordance with Florida Law. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-309. 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 from its members. (2) Secretary: The board shall annually elect a secretary of the board from its members, who shall sign the minutes of each meeting and be the custodian of the retirement system's records and shall perform such duties as required in Chapter 185 of the Florida Statutes. (3) Legal advisor: The board is empowered to employ independent legal counsel. (4) Actuary: The board is empowered to employ an independent actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (5) Administrative manager: The board is empowered to 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. (6) Other services: The board is authorized and empowered to employ such professional, medical, technical, or other advisors as are required for the proper administration of Supp. No. 23 188.9 § 2-309 ATLANTIC BEACH CODE the retirement system. These services shall be obtained and the compensation for these services shall be determined in accordance with procedures established by the board in accordance with Chapter 185 of the Florida Statutes. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310. Membership. (a) All persons who are city police officers, and all persons who become city police officers, shall be members of the retirement system, except as provided in subsection (b) of this section. (b) The membership of the retirement system shall not include: (1) Any police officer who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (2) The chief of the police department may opt not to become a member of the retirement system. Such option shall be made within sixty (60) days of appointment as police chief and shall be irrevocable; (3) Police officer positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (4) Temporary police officers; (5) Elected officials of the city. (c) An individual shall cease to be a member upon termination of employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more hours or work in a year, or upon becoming employed in an excluded position. (Ord No, F8 -q9-'26, § 9, 7-10-00) Sec. 2-310.1. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of Chapters 185, Florida Statutes. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one (1) period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth (1/12) of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.2. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. (Ord. No. 58-99-26, § 2, 7-10-00) Supp. No. 23 188.10 ADMINISTRATION § 2-310.5 Sec. 2-310.3. Reinstatement of credited service. A member's forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture, provided that the member repays to the retirement system the contributions refunded under section 2-310.25(c) hereof, plus interest at the actuarially assumed rate, in accordance with terms established by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.4. Military service credit. (a) A member of the retirement system who leaves or left city employment voluntarily or non -voluntarily to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commis- sion shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA) after the date of termination of such active duty; (2) In no case shall more than the years of service provided for in USERRA or within FS 185 be credited on account of all military service. (3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with USERRA, FS 185, and section 414(u) of the Internal Revenue Code. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section and USERRA. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.5. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date retirement is to be effective. (2) The member terminates all his/her city employment normally requiring one thousand (1,000) hours of work per annum on or before the date retirement is to be effective. (3) The member has met the age and service requirements for retirement specified in subsection (b). Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-310.10. Supp. No. 23 188.11 § 2-310.5 ATLANTIC BEACH CODE (b) The age and service requirements for voluntary retirement are: (1) Normal retirement: the member has attained the age of fifty (50) or older and has twenty (20) years or more of credited service in force; or the member at any age has twenty-five (25) years of credited service in force; or the member has attained the age of sixty (60) years, and has five (5) 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 (1000) hours of work per annum or in a position not covered by this pension plan 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 (1000) hours or more of work per annum in a position covered by this pension plan 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.6. Normal retirement date and payment date. (a) The normal retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (b) The monthly retirement income payable in the event of normal retirement shall be payable on the first day of each month and as provided in section 185.16(3). (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.7. 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 2-310.5 for a reason other than retirement or death, who has not received a refund of his/her member contributions, and who has the applicable period of credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-310.5. 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 2-310.5 as those 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 five (5) years. Supp. No. 23 188.12 ADMINISTRATION § 2-310.8 (c) A member of the retirement system who terminates city employment prior to satisfying the five (5) year requirement for deferred retirement under section 2-310.5 is entitled to a full refund of his/her contributions, plus interest as determined by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.8. Disability retirement—General conditions for eligibility. (a) If a member, prior to his normal retirement date, becomes totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) the member shall be eligible for disability retirement. The minimum benefit for any member disabled in the line of duty shall be forty-two (42) percent of the final average salary, regardless of years of credited service. The minimum benefit for any member disabled not in the line of duty who has eight and one third (81/3) years of credited service shall be twenty-five (25) percent of the final average salary. (1) A permanent disability 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. section 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 as a city police officer and will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (c). (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has terminated. (5) Injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician, surgeon, or other medical or psychological professional 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, surgeon, or other medical Supp. No. 23 188.13 § 2-310.8 ATLANTIC BEACH CODE or psychological professionals or board of physicians, surgeons, and other medical or psycho- logical professionals 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/her normal retirement date, is the greater of the monthly income computed according to the applicable subsections of Section 2-310.10 or the minimums established in Section 2-310.8(a). (f) The monthly retirement income as computed in Section 2-310.10 to which a member is entitled in the event of his/her 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/her normal retirement date while still disabled, the last payment will be the payment due next preceding his/her 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 a police officer employee of the city, regardless of whether the member is re-employed by the city. (li) If the member recovers from disability and reenters the service of the city as a police officer employee, his/her service will be deemed to have been continuous, but the period beginning with the first month for which he/she received disability retirement income payment and ending with the date he/she reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.9. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical or psychological examination if the disability retirant has not attained age sixty (60). (b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the disability pension may be suspended by the board of trustees until the retirant submits to the examination. (c) A disability retirant who has been restored to employment with the city as provided in subsection 2-280(h) shall again become a member of the retirement system. (Ord. No. 58-99-26, § 2, 7-10-00) Supp. No. 23 188.14 ADMINISTRATION § 2-310.11 Sec. 2-310.10. Calculation of pension benefit. (a) Normal retirement benefit. Subject to section 2-310.14, the amount of level straight life pension shall be equal to the retiring member's credited service multiplied by three (3) percent of the retiring member's final average compensation. (b) 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.11. Optional forms of pension payment. A member of the retirement plan may elect to be paid under one (1) of the following optional forms of payment in lieu of the normal retirement benefit 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 normal retirement benefit form if a timely election of an optional form of payment is not made. The amount of pension under any option shall be the actuarial equivalent of the amount of pension under the normal retirement benefit form payment. (1) Option A; Ten (10) years certain and retirant's life thereafter: Under Option A, a retirant shall be paid a pension for life, however if the retirant dies prior to ten (10) years immediately following retirement payments shall continue for one hundred twenty (120) payments. Benefit payments shall be made to the retirant's designated beneficiary or estate for such period. (2) Option B; Modified joint survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, a benefit as designated by the retirant of either, one hundred (100), seventy-five (75), sixty-six and two thirds (662/3) or fifty (50) percent of the reduced pension benefit shall be continued throughout the future lifetime of and paid to such person as the retirant shall have specified by written designation duly executed and field 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. 58-99-26, § 2, 7-10-00) Supp. No. 23 188.15 § 2-310.12 ATLANTIC BEACH CODE Sec. 2-310.12. 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 designation -of -beneficiary in force, the beneficiary, if living, shall be paid a pension benefit computed according to section 2-310.10 in the same manner in all respects as if the member had elected Option B at the one hundred (100) percent level provided in Section 2-310.11 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 section 2-310.10 will automatically terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, shall be paid by the board of trustees to 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 this subsection 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. Notwithstanding any other provision of law to the contrary, the surviving spouse of any member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.13. Alternate death while in city employment; pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c) of this subsection or, if the member designated the member's spouse or children, as set forth below, the benefits provided in section 2-310.12, whichever are greater, shall be paid if a member of the retirement system 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 2-310.13. (b) The person to whom the deceased member was married at the time of death shall be paid a pension equal to seventy-five (75) percent of the amount of Option A-Retirant's life only pension computed according to the applicable subsection of Section 2-310.11, based on the deceased member's final average compensation and credited service. A surviving spouse's pension shall terminate upon death. Supp. No. 23 188.16 ADMINISTRATION § 2-310.14 (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 retirant's life only pension benefit computed according to the applicable subsection of section 2-310.11, based on the deceased member's final average compensation and credited service. The percent shall be 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) years but less than twenty-three (23) years, 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.14. Maximum amount of pension. (a) The normal retirement pension payable to a member of the retirement plan who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his/her 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) Any limits (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 paragraph (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 Supp. No. 23 188.17 § 2-310.14 ATLANTIC BEACH CODE to exceed one (1). The numerator of such fraction shall be the number of years, or part thereof, of service with the employer; the denominator shall be ten (10) years. For purposes of this subsection, annual benefit means a benefit payable annually in the form of a straight-line annuity with no ancillary or incidental benefits and with no member or rollover contributions. To the extent that ancillary benefits are provided, the limits set forth in subsections (1) and (2) of this subsection will be reduced actuarially, using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as described in subsection (1) of this subsection shall be reduced actuarially using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation; however, retirement benefits shall not be reduced below seventy-five thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If retirement benefits begin after age sixty-five (65), the dollar limitation of subsection (1) of 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 promul- gated by the secretary of the treasury or his/her delegate. (Ord. No. 58-99-26, § 2. 7-10-00) Sec. 2-310.15. 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.16. City contribution. (a) The plan shall be funded by contributions from member contributions, as provided in section 2-310.27, state funding provided for in F.S. § 185.08, contributions from the city, and other income sources as authorized by law. (b) State funding shall be provided from premium taxes collected and disbursed pursuant to F.S. § 185.08, which moneys shall be deposited in the fund within five (5) calendar days of receipt be 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. Supp. No. 23 188.18 ADMINISTRATION § 2-310.17 (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 2-310.27 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 thirty (30) 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 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.17. 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 invest in those stocks, bonds, and other securities permitted by the investment policies or guidelines adopted by the trustees in compliance with all requirements and limitations of Chapter 185, of the Florida Statutes. (a) Delegation and allocation of investment functions. (1) The trustees shall have the power and authority to appoint one (1) or more investment managers who shall be responsible for the management, acquisition, disposition, investing, and reinvesting of such of the assets of the trust fund as the trustees shall specify. Any such appointment may be terminated by the trustees upon written notice. The fees of such investment manager shall be paid out of the trust fund. The trustees shall require that the investment manager acknowledge in writing that it is a named fiduciary with respect to the plan. (2) In connection with any allocation or delegation of investment functions under this section, the trustees shall, from time to time, adopt appropriate investment policies or guidelines that comply with all requirements and limitations of Chapter 185 of the Florida Statutes. (Ord. No. 58-99-26, § 2, 7-10-00) Supp. No. 23 188.19 § 2-310.18 ATLANTIC BEACH CODE Sec. 2-310.18. Expenses. The expenses of administering the 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.19. 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.20. 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 Supp. No. 23 188.20 ADMINISTRATION § 2-310.23 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. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.21. 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.22. Protection against fraud; forfeiture. (a) Whoever willfully and knowingly makes, or causes to be made, or assists, conspires with, or urges another to make, or causes to be made, any false, fraudulent, or misleading oral or written statement, or withholds or conceals material information with the intent to obtain any benefit available under this retirement system shall be in violation of section 185.185 of the Florida Statutes. Any member convicted of such violation may, in the discretion of the board of trustees, be required to forfeit the right to receive any or all benefits he/she may be otherwise be entitled to under this retirement system. For purposes of this subsection, "conviction" shall mean a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (b) Any member who is convicted as provided in F.S. Section 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/her date of termination. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.23. Response to claims and inquiries. All inquiries shall be answered promptly. The final decision for approval of benefits shall be made by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Supp. No. 23 188.21 § 2-310.24 ATLANTIC BEACH CODE Sec. 2-310.24. Denial of benefits. If any claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant shall be furnished with a notice of denial, suspension, or termination no later than thirty (30) days after the final decision has been made. The notice shall be provided in writing, by certified mail, and shall set forth: (1) The specific reasons for the denial, suspension, or termination of benefits; (2) The specific references to the pertinent provisions of the pension plan upon which the action is based and a copy of the pension plan provisions shall be furnished with this notice; (3) A description of any additional material or information necessary for the claimant to perfect the claim, along with an explanation of why such material or information is necessary; and (4) An explanation of the claims review procedure. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.25. Claim review procedure. (a) Requests for review. If a claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant may appeal to the board of trustees for a full and fair review. In order to file an appeal, a written notice of appeal must be submitted within sixty (60) days after the notice of denial, suspension, or termination is received by the claimant (or such later time as the board of trustees deems reasonable). The notice of appeal shall briefly describe the grounds upon which the appeal is based on shall be signed by the claimant. The claimant shall be allowed to review all pertinent documents during normal business hours, and shall be peiniiLted Lo subati ; eoinffieiiLs alai a s ,aLe ueiii, of issues for consideration by the board of trustees. (b) Representation. A claimant may designate an attorney or any other duly authorized person to act as his or her representative at any stage of the claims review procedure. Any rights provided to the claimant during the claims review procedure shall automatically extend to the representative designated by the claimant. A designation of representative shall be signed by the claimant and the representative, and shall be submitted in writing. (c) Claims review board. The board of trustees shall rule on all appeals brought under this section. A decision to grant or deny an appeal shall be based solely on the record before the board of trustees, unless the board of trustees determines, in its sole discretion, that a hearing is necessary for the proper resolution of the appeal. The board of trustees shall decide, by majority vote, to grant or deny an appeal. The final decision shall be made by the board of trustees, in writing, and shall be made no later than sixty (60) days after receipt of the notice of appeal, unless special circumstances (such as the need for a hearing) require an extension of time. In no event, however, should the decision of the board of trustees be made later than one hundred twenty (120) days after receipt of the notice of appeal. If an appeal is denied, in whole or in part, then the decision shall set forth the specific reasons for the action, with Supp. No. 23 188.22 ADMINISTRATION § 2-310.27 specific references to those pension plan provisions upon which the decision is based. The claimant shall be promptly provided with a copy of this decision. The decision of the board of trustees shall be final and binding. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.26. Exhaustion of claims review procedure. No action in law or in equity shall be brought to contest a denial, suspension, or termination of benefits until the claimant has complied with the procedures provided in section 2-310.25, unless the board of trustees fails to render a decision as provided in 2-298(c). In no case, however, shall any action be brought unless instituted within one (1) year from the time the claimant received the notice of denial, suspension or termination provided in section 2-310.24. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.27. Member contributions. (a) Member contributions for benefit group police bargaining unit members covered by the current collective bargaining unit collective bargaining agreement shall be one (1) percent of salary and for other benefit group police members shall be four and eight hundred fifteen thousandths (4.815) percent of salary, which said contribution shall be deducted from the member's pay and paid over into the retirement system each pay period. (b) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu of payroll deductions from 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 other benefits hereunder and for determining the member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime compensation. This city pick up of contributions is a result of a commensurate reduction of each member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years towards 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/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. Any such member may voluntarily leave his or her contributions in the fund for a period of five (5) years after leaving the employ of the police department pending the possibility of his or her being rehired by the same department, without losing credit for the time he or she has participated actively as a police officer. If he or she is not reemployed as a police officer with the same department within five (5) years, his or her contributions shall be returned to him or her. Supp. No. 23 188.23 § 2-310.27 ATLANTIC BEACH CODE (d) 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/her accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-310.7, 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. 58-99-26, § 2, 7-10-00) Sec. 2-310.28. Benefit limitations and required distributions. (a) Benefits paid under this city police officer employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (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 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. 58-99-26, § 2, 7-10-00) Supp. No. 23 188.24 ADMINISTRATION § 2-310.29 Sec. 2-310.29. Benefit Enhancements. To the extent that additional premium (section 185) tax dollars over those received for calendar year 1997 become available to incrementally fund the cost of enhancements, the following benefits, as required by FS 185, shall be considered by the city commission. (a) Normal retirement. A normal retirement benefit for members who have attained the age of fifty-five (55) years and have ten (10) or more years of creditable service shall be established. (b) Normal retirement ten (10) year period certain. Normal retirement benefits will be paid for a ten (10) year period certain and life. In the event the officer dies after retirement but before receiving retirement benefits for a period of ten (10) years, the same monthly benefit will be paid to the beneficiary for the balance of such ten (10) year period, or if no beneficiary is designated, to the estate of the police officer. (c) Early retirement. A member who has attained the age of fifty (50) years and has ten (10) years of credited service in force, shall be eligible for an early retirement. The amount of an early retirement benefit shall be calculated as provided in section 2-310.10(a) taking into account credited service to the date of actual retirement and final monthly compensation as of such date. Such amount of retirement income shall be actuarially reduced to take into account the participant's younger age and earlier commencement of retirement income payments. In no event shall the early retirement reduction exceed three (3) percent for each year by which the member's age at retirement preceded the member's normal retirement age. (d) Early retirement ten (10) year period certain. An early retirement benefit benefits will be paid for a ten (10) year period certain and life. In the event the officer dies after retirement but before receiving retirement benefits for a period of ten (10) years, the same monthly benefit will be paid to the beneficiary for the balance of such ten (10) year period, or if no beneficiary is designated, to the estate of the police officer. (e) Deferred retirement upon separation. Any police officer who has been in the service of the city for at least ten (10) years elects to leave his or her accrued contributions in the plan, such police officer upon attaining age fifty (50) years or more, may retire under the provisions as set out for an early retirement. (f) Deferred retirement ten (10) year period certain. Such benefits will be paid for a ten (10) year period certain and life. In the event the officer dies after retirement but before receiving retirement benefits for a period of ten (10) years, the same monthly benefit will be paid to the beneficiary for the balance of such ten (10) year period, or if no beneficiary is designated, to the estate of the police officer. (g) Disability retirement ten (10) year period certain. Such benefits will be paid for a ten (10) year period certain and life. In the event the officer dies after retirement but before receiving retirement benefits for a period of ten (10) years, the same monthly benefit will be paid to the beneficiary for the balance of such ten (10) year period, or if no beneficiary is designated, to the estate of the police officer. Supp. No. 23 188.25 § 2-310.29 ATLANTIC BEACH CODE (h) Employee death ten (10) year period certain. If any police officer having at least ten (10) years of credited service dies prior to retirement, his or her beneficiary is entitled to the benefits otherwise payable to the police officer at early or normal retirement age. (Ord. No. 58-99-26, § 2, 7-10-00) 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. 2-312. Allotments, constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of such income. (Laws of Fla., Ch. 57 112 6, § 65; Ord. No. 5 99 32, § 1, i2"11 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. 23 188.26 BUILDINGS AND BUILDING REGULATIONS § 6-32 (3) Consistent with the coastal management element of the local comprehensive plan adopted pursuant to Section 163.3178, Florida Statutes. (Ord. No. 25-86-17, § 1, 2-24-86) Sec. 6-28. References. Assistance in determining the design parameters and methodologies necessary to comply with the requirements of this article may be obtained from: (1) Shore Protection Manual, U.S. Army Corps of Engineers, 4th edition, 1984. (2) U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports. (3) Florida Department of Natural Resources, Division of Beaches and Shores Technical and Design Memoranda. (4) Naval Facilities Engineering Command Design Manual, NAVFAC DM -26, U.S. De- partment of the Navy. (Ord. No. 25-86-17, § 1, 2-24-86) Secs. 6-29, 6-30. Reserved. ARTICLE III. ELECTRICAL CODE* Sec. 6-31. Standards for materials, installations, etc. All electrical construction and all materials and appliances used in connection with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city shall conform to such rules and regulations as may be embodied in this chapter or as may be adopted in this article and shall conform with approved methods of construction for safety to life or property. The regulations set out in the National Electrical Code, 1999 edition, as approved by the National Fire Protection Association (N.F.P.A.), are hereby adopted as the minimum standards for all electrical construction within the city. (Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-95-26, § 1, 2-13-95; Ord. No. 25-96-28, § 1(2), 4-22-96; Ord. No. 25-00-31, § 1, 2-28-00) Note—See editor's note, § 6-16. Sec. 6-32. Certificate of competency. (a) Every master or journeyman electrician, before carrying on his trade or business in this city, shall present to the city clerk a certificate as to his competency issued by the state or the board of examiners of electricians of the City of Jacksonville or the City of Jacksonville Beach. *Cross reference—Electric signs, § 17-12. State law reference—Electrical code, F.S. § 553.15 et seq. Supp. No. 23 413 § 6-32 ATLANTIC BEACH CODE (b) It shall be unlawful for any person, not a certified electrician in accordance with the provisions of this section, to do any electrical construction or make any repairs, alterations, additions or changes to any existing system of electrical wiring, apparatus or equipment for light, heat or power within the city. (Code 1970, § 7-4) Sec. 6-33. Improper use of name of licensed master electricians. No licensed master electrician shall allow his name to be improperly used by any person, directly or indirectly, either for the purpose of obtaining a permit or to do any work under his license. When the master electrician is permanently employed, he shall not allow his name to be used for the aforesaid purposes or either of them by any person whatsoever, other than his regular employer. (Code 1970, § 7-5) Sec. 6-34. Employing only certified electricians by master electricians; exception. No master electrician shall employ any person on any job in the capacity of an electrician without that person being in possession of a certificate of competency as provided for in section 6-32; provided, that nothing in this article shall be construed to prohibit the working of helpers or apprentices on any job of electrical construction when the work of the helpers or apprentices is performed under the personal supervision of a certified electrician. (Code 1970, § 7-6) Sec. 6-35. Electrical permits required; to whom issued. (a) A permit is required to do any electrical construction of any character, install any electrical wiring, apparatus or equipment or make any extensions or changes to existing systems of wirinig of light, heat or power within the city, except the repairing of damaged or broken fixtures, apparatus or equipment and the ordinary work necessary for the proper maintenance of same. (b) Permits to do electrical work will be issued to master electricians who are duly qualified under the provisions of this article to engage in the trade or business of electrical construction in the city. (c) A homeowner who lives on the premises may take a homeowners test through an accepted testing agency. Upon passing the homeowners test, a permit will be issued for premises occupied by the homeowner. Accepted testing agencies are the City of Atlantic Beach, the City of Jacksonville Building and Zoning Department, the City of Jacksonville Beach Building and Zoning Department, and the Standard Building Code Congress International. (Code 1970, § 7-7; Ord. No. 25-93-24, § 1, 9-13-93; Ord. No. 25-95-27, § 3, 7-10-95) Sec. 6-36. Electrical inspections—By electrical inspector. All electrical inspections in this city shall be made by the building official of this city or his designated agent, referred to in this article as the city electrical inspector. (Code 1970, § 7-8) Supp. No. 23 414 SIGNS AND ADVERTISING STRUCTURES § 17-32 Valuation Permitted Years $1 to $10,000 2 $10,001 to $25,000 3 Over $25,000 4 Permitted years shall be computed starting on the effective date of this chapter. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-18. Signs for parks and public buildings. All official signs for parks and public buildings, except all legal parking and traffic signs, which are larger than two (2) feet by two (2) feet, shall complement and conform to the existing "WELCOME TO ATLANTIC BEACH" signs in color, composition, material, sandblasted surface, and lettering. All such signs shall have all the elements of the city's logo, to -wit: palm tree, sailboat, surf and shoreline with rocks. All such signs shall be constructed of wood or suitable alternative materials. All existing signs in place on February 24, 1997, may remain in place until they are replaced, at which time they shall be in compliance with this section. (Ord. No. 60-79-9, § 1, 2-24-97) Secs. 17-19-17-30. Reserved. ARTICLE II. PERMIT Sec. 17-31. Required. It shall be unlawful for any person to install, alter or relocate any sign, marquee, canopy, awning or other advertising structure permitted under section 17-2 without first obtaining a permit from the city. All illuminated signs shall, in addition, be subject to the provisions of the city electrical code and any permit required thereunder. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-32. Application. Application for sign permits shall be made upon forms provided by the city, and shall contain or have attached thereto the following information: (1) The name, address and telephone number of the applicant; (2) Whether the applicant is the owner or lessee, and if the latter, show authority from the owner; (3) The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected; (4) A plot plan showing the position of the sign or other advertising structure in relation to nearby buildings or structures; Supp. No. 23 1003 § 17-32 ATLANTIC BEACH CODE (5) A blueprint or ink drawing of the plans and specifications, including the proposed sign content, and method of construction and attachment to the building or in the ground; (6) The name of the person or firm erecting the structure; (7) Any electrical permit required and issued for the sign; (8) Registered engineer's drawings must be submitted with applications for roof signs over fifty (50) square feet in area, and for any sign the top of which is more than seventeen (17) feet above the ground or weighing more than one thousand (1,000) pounds, or any solid sign of area more than thirty (30) square feet, showing that the sign will be erected to withstand a wind pressure of at least thirty-five (35) pounds per square foot and that the weight of the sign will be amply supported by the roof of the building or the ground support on which it is to be erected; (9) Such other information as the city manager shall require to show full compliance with this chapter and all other laws and ordinances of the city. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-33. Computation of sign area. Sign area shall be computed as the smallest square rectangle, triangle, circle or combination thereof which, will encompass the entire advertising area, excluding architectural trim and structural supports. When computing sign area, only one (1) side of a sign containing two (2) faces shall be computed. For signs containing more than two (2) faces, one-half (1/2) of the combined area of all of the sign faces shall be used to determine area. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-34. Fees. Fees to be paid for sign permits shall be as follows: Basic issuance fee $ 15.00 Fifteen (15) square feet or fraction thereof 10.00 Over fifteen (15) square feet to thirty (30) square feet 15.00 Over thirty (30) square feet to forty-five (45) square feet 20.00 Over forty-five (45) square feet to sixty (60) square feet 25.00 Over sixty (60) square feet 30.00 (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-35. Permitting of signs on state highway rights-of-way. When a permit is issued for the erection or maintenance of any sign which is to be located on the right-of-way of any state highway in the city, it shall be understood that the permit does not waive any requirements of state law or rules and regulations of the state department of Supp. No. 23 1004 SIGNS AND ADVERTISING STRUCTURES § 17-35 transportation with reference to maintaining signs within any state highway right-of-way. Applicable state permits are required prior to the issuance of city permits for any signs located on state road rights-of-way. (Ord. No. 60-97-10, § 1, 7-14-97) [The next page is 1055] Supp. No. 23 1005 Art. I. Art. II. Art. III. Art. IV. Art. V. Chapter 20 TAXATION* In General, §§ 20-1-20-15 Public Service Tax, §§ 20-16-20-50 Div. 1. Generally, §§ 20-16-20-30 Div. 2. Telephone Service, §§ 20-31-20-50 Occupational License Tax, §§ 20-51-20-75 Insurance Premium Taxes, §§ 20-76-20-79 Additional Homestead Exemption, §§ 20-80-20-84 ARTICLE I. IN GENERAL Secs. 20-1-20-15. Reserved. ARTICLE II. PUBLIC SERVICE TAXt DIVISION 1. GENERALLY Sec. 20-16. Imposed; amount; utility services to which applicable; payment to be made to seller. There is hereby imposed and levied by the city, on each and every purchase of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, metered or bottled gas, natural, liquefied petroleum gas or manufactured, in the corporate limits of the city, a tax equivalent to five (5) percent of the amount of the payments received by the seller of the utility service from the purchasers. The tax, in every case, shall be collected from the purchaser of the utility service, and paid by the purchaser for the use of the city to the seller of such electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but pays to the seller the seller's charge for the service, and notwithstanding the above, the utility tax on fuel oil (No. 1 kerosene; No. 2 and No. 3 fuel oils) is hereby levied at a rate of two cents ($0.02) per gallon. (Code 1970, § 8-14) Sec. 20-17. Duty of seller to collect tax and pay same to city; failure to collect tax; authority of seller to discontinue service upon nonpayment of tax. It shall be the duty of every seller of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, metered or bottled gas, natural, liquefied petroleum gas or *Cross references—Any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); administration, Ch. 2; finance generally, § 2-311 et seq. State law references—Municipal finance and taxation, F.S. § 166.201 et seq.; taxation and finance generally, F.S. Ch. 192 et seq. 'Cross reference—Utilities, Ch. 22. State law reference—Public service tax, F.S. § 166.231 et seq. Supp. No. 23 1157 § 20-17 ATLANTIC BEACH CODE manufactured, in acting as the tax collecting medium or agency for the city, to collect from the purchaser for the use of the city, the tax hereby imposed and levied at the time of collecting the purchase price charged for each transaction, and to report and pay over on or before the fifteenth day of each calendar month, to the city all the taxes imposed, levied and collected during the preceding calendar month. The director of finance is hereby authorized to prescribe the forms on which the reports shall be made. It shall be unlawful for any seller of the utility service to collect the price of any sale of such electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, or gas, without at the same time collecting the tax hereby imposed and levied in respect to the purchase. Any seller failing to collect the tax at the time of collecting the price of any purchase shall be liable to the city or at the time of collecting the price of any purchase shall be liable to the city for the amount of the tax in like manner as if the same had been actually paid to the seller; provided, the seller shall not be liable for the payment of the tax upon uncollected charges. If any purchaser shall fail, neglect or refuse to pay to the seller the charge for the purchase and the tax hereby imposed, levied and required by this division, or either, the seller shall have and is hereby vested with the right, power and authority to immediately discontinue further service to the purchaser until the tax and the seller's bill shall have been paid in full. (Code 1970, § 8-15) Sec. 20-18. Records to be kept by seller; inspection of records by city agents. Every seller of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, metered or bottled gas, natural, liquefied petroleum gas or manufactured, shall keep complete records showing all purchases in the city of such service, which records shall show the price charged upon each purchase, the date thereof and the date of payment thereof. The records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days, and the duly authorized agents of the city shall have the right, power and authority to make such transcripts thereof during such times as they may desire. It shall be the duty of such agents of the city as may from time to time be designated or appointed for that purpose by the city commission, to inspect the records at such times as the city commission may from time to time direct in order to determine that the tax hereby imposed and levied is being properly reported and paid to the city by each seller of the service. (Code 1970, § 8-16) Sec. 20-19. Exemption of governmental agencies and churches. The United States of America, the State of Florida, the City of Jacksonville, the City of Atlantic Beach and agencies, boards, commissions and authorities thereof, and all recognized churches of the state, are hereby exempted from payment of the tax imposed and levied by this division. (Code 1970, § 8-17) Sec. 20-20. When purchase deemed made within city. The purchase of the utility service upon which a tax is imposed and levied by this division shall embrace and include any part of the transaction of purchase occurring within the city, whether the same is the entering into of a contract for the purchase of any such utility service, Supp. No. 23 1158 TAXATION § 20-54 publication or by the distribution of any advertising material or in any other way indicating engagement in such business, profession or occupation, regardless of whether any business has actually been transacted or not. (Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-52.1. Inspections. Prior to the issuance of an occupational license, the structure or site designated as the location of the business to be licensed shall receive the inspection and approval of the city fire inspector and building official to verify compliance with city building and fire codes. However, inspections for home occupations shall be at the discretion of the building official and fire inspectors. The fee for the initial building inspection shall be included in the licensing fee hereunder specified and the fee for the fire inspection shall be as set forth in section 7-17. (Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97) State law reference—Similar provisions, F.S. § 205.042. Sec. 20-53. Half-year licenses. The city clerk, upon proper showing that the issuance of a license for a full year would work a hardship in any instance during the period from April first to October first, may issue a half -year's license. Persons applying for a license after October first may be issued a half -year's license. (Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Authority for a partial license, F.S. § 205.053(1). Sec. 20-54. Due dates and delinquencies; penalties. (a) All licenses shall be sold by the city clerk beginning September first of each year and shall be due and payable on or before October first of each year and shall expire on September thirtieth of the succeeding year. If October first falls on a weekend or holiday, the tax shall be due and payable on or before the first working day following October first. Those licenses not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty often (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five (25) percent of the occupational license fee for the delinquent establishment. If license is not paid by January thirty-first, the city clerk shall have city water service disconnected until license fee plus delinquent charges are paid in full. (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required in this article, shall be subject to a penalty of twenty-five (25) percent of the license fee determined to be due, in addition to the penalty provided by F.S. Ch. 162; any such business may be closed by the city manager or his designee until the licensing requirements have been met. (Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97) State law reference—Similar provisions, F.S. § 205.053. Supp. No. 23 1163 § 20-55 ATLANTIC BEACH CODE Sec. 20-55. Businesses falling under more than one classification; operating at more than one location. Each license classification and the amount of the license tax, as set forth in this chapter, shall be deemed to be cumulative to any license taxes otherwise imposed, and when any occupation, business, profession or commercial activity shall fall into more than one (1) of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the license requirements of each such classification or provision. Whenever any person operates any of the businesses provided for in this article at more than one location, each location shall be considered a separate business. (Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84) Sec. 20-56. Compliance by licensees. Issuance of a license by the city clerk shall in no wise relieve the holder thereof of responsibility for compliance with all provisions of this Code or other city ordinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of the business. (Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84) Sec. 20-57. Transfer. (a) All business licenses may be transferred to a new owner when there is a bona fide sale of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of the original license and evidence of the sale. (b) Upon written request and presentation of the original license, any license may be transferred from one location to another location in the city upon payment of a transfer fee of three dollars ($3.00). (Ord. No. 45-84-6, § 1, 9-24-84) State law reference—Similar provisions, F.S. § 205.043(2), (3). Sec. 20-58. Exemptions. Except from the provisions of this article are those persons exempt under F.S. § 205.063 et seq. Sec. 20-59. Schedule of fees. No person, firm, or corporation shall engage in or manage any trade, business, profession, or occupation without first obtaining a license and paying an annual fee, which shall be assessed as follows: MANUFACTURING ESTABLISHMENTS: 0 to 1,500 square feet $49.00 1,501 to 5,000 square feet 82.00 5,001 to 15,000 square feet 110.00 Supp. No. 23 1164 TAXATION § 20-59 15,001 square feet and over 275.00 Manufacturer, all PROFESSIONAL ESTABLISHMENTS (Physical facility): Any person applying for a city occupational license to practice any profession regulated by the state department of professional regulation, or any other state board or commission thereof, must exhibit an active state certificate, registration, or license before the city occupational license may be issued. This classification of license tax shall consist of, but shall not be limited to, the following types of business, and the license fee for the professional establishment shall be assessed at the rate indicated: 0 to 1,500 square feet $49.00 1,501 to 5,000 square feet 82.00 5,001 to 15,000 square feet 110.00 15,001 square feet and over 275.00 Accountancy firm/corporation Architect firm/corporation Air conditioning/heating Attorney firm/corporation Barber shop Beauty shop Brokerage firm/corporation: Mortgage, stocks, bonds Building contractor Cosmetology salon Cosmetology school Day care, adult Day care, children Dental lab Detective/investigative agency Diet/weight control center Educational establishment (trade, technical) Electrical contractor Engineer firm/corporation Funeral home General contractor Supp. No. 23 1165 § 20-59 ATLANTIC BEACH CODE Hearing aid center Insurance agency Land surveyor business Landscape architect firm/corporation Loan company Massage establishment Mechanical contractor Medical office Miscellaneous, other than listed Nursing home Optometry office Pharmacy Plumbing/septic tank contractor Pool/hot tub/spa contractor Real estate agency Real estate appraiser Residential contractor Roofing contractor Sheet metal contractor Solar energy contractor Title company Underground utilities contractor Veterinary establishment Banks, national or state savings and loan $275.00 Insurance company (Transacting any class of insurance within the municipal limits of the city, whether or not maintaining a place of business within the municipal boundaries) 165.00 In addition to the license for the professional establishment (physical facility), each professional engaged in such practice or profession shall pay a license tax as indicated. This classification of license tax shall consist of, but shall not be limited to, the following: Accountant $99.00 Acupuncturist 33.00 Architect 99.00 Supp. No. 23 1166 TAXATION § 20-59 Attorney 99.00 Auctioneer 99.00 Barber 33.00 Beautician 33.00 Building contractor 33.00 Chiropractor 99.00 Cosmetologist 33.00 Dental hygienist 33.00 Dental radiographer 33.00 Dentist 99.00 Detective/investigator 33.00 Dietician 33.00 Electrician 33.00 Engineer 99.00 Funeral director/embalmer 99.00 Hearing specialist 99.00 Insurance agent 99.00 Land surveyor 99.00 Landscape architect 99.00 Marriage or family counselor 99.00 Massage therapist 33.00 Mental health counselor 99.00 Miscellaneous, other than listed 33.00 Miscellaneous contractor 33.00 Mortgage broker 99.00 Nail specialist 33.00 Naturopath 99.00 Nursing home administrator 99.00 Occupational therapist 99.00 Optician 99.00 Optometrist 99.00 Pharmacist (pursuant to F.S. 205.196) Exempt Supp. No. 23 1167 § 20-59 ATLANTIC BEACH CODE Physical therapist 99.00 Physician 99.00 Podiatrist 99.00 Professional, other than listed 99.00 Psychologist 99.00 Real estate appraiser 33.00 Real estate broker 33.00 Real estate sales agent 33.00 Respiratory care practitioner/therapist 99.00 Stocks/bonds broker 99.00 Veterinarian 99.00 RETAIL ESTABLISHMENTS: The license fee for retail establishments shall be assessed at the following rates: 0 to 1,500 square feet $49.00 1,501 to 5,000 square feet 82.00 5,001 to 15,000 square feet 165.00 15,001 square feet and over 275.00 Antiques Appliance sales Art gallery/dealer Art framing/arts and crafts Auto, new/used Auto parts/supplies Bakery Beauty supply Bicycles Boat, new/used Bookstores/stationers Building supplies Butcher/meat market Cabinet/carpentry shop Candy/popcorn Supp. No. 23 1168 TAXATION § 20-59 Ceramics Clothing Collectibles Communications equipment (Cell phones/beepers) Computer, hardware/software Convenience store Cosmetics Crafts/home accessories Decorator sales Delicatessen Department/variety store Electronic equipment/radio/television Fabric shop Fish/seafood market Fish, tropical/aquarium Fishing supplies (bait and tackle) Floor coverings: Carpet, tile, etc. Florist, cut flowers, plants, etc. Furniture sales Garden center/nursery Gas, LP dealers Gifts/greeting cards Glass: Auto, plate, window, mirror Grocery store Guns/firearms dealer Hardware store Health food store Ice cream parlor Ice cream vendor (mobile) Internet sales Jewelers Liquor store (not for consumption on premises) Supp. No. 23 1169 § 20-59 ATLANTIC BEACH CODE Lumberyard/sales Mail order/catalog sales Marine equipment/supplies Miscellaneous sales, other than listed Mobile home/RV dealer Motorcycle sales, new/used Music shop Office equipment/supplies Optical devices/equipment sales Pawnshop Pet shop, sales/supplies Photographic equipment/supplies Plumbing fixtures/supplies Records/tapes/CD/video sales Secondhand/thrift stores Shoe sales Sporting goods Tobacco products `thy store Trophy/award sales Video equipment sales/rental Wall covering/window treatment Water companies, bottled or bulk SERVICE ESTABLISHMENTS: The license fee for service establishments shall be assessed at the following rates: 0 to 1,500 square feet $49.00 1,501 to 5,000 square feet 82.00 5,001 to 15,000 square feet 165.00 15,001 square feet and over 275.00 Advertising agency, firm or corporation engaged in creation, production or sale of media intended to promote or advertise Supp. No. 23 1170 TAXATION § 20-59 Advertising, billboards, highway and wall signs (covering fabrication, erection and/or maintenance of any type sign which is located on private property, exclusive of neon, which is covered under general license) Advertising, outdoor (general license covering all phases of advertising, as defined in F.S. Ch. 479, relating to outdoor advertisers and including erecting, servicing and main- taining of electrical and neon signs) Animal grooming/kennel Apartment building/complex (based on total square footage) Appliance service/repair Auto: Car wash (requires commission approval) Customizing/detailing Machine shop/welding Oil change Paint and body shop Rental/U-drive Road service/towing Service/repair Service station (the number of pumps shall be calculated either individually or by island as numbered by the service station): 1 to 4 pumps $49.00 5 to 9 pumps 82.00 10 to 12 pumps 110.00 Over 12 pumps 275.00 Stereo/accessories installation Storage Tire dealer Bar/lounge/tavern: With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Boat repair Bookkeeping Supp. No. 23 1171 § 20-59 ATLANTIC BEACH CODE Bowling alleys Building inspection Carpentry Carpet cleaners Catering Cement/stone/brick Cemetery Charter vessel Each vessel up to 25 feet $47.00 Plus for vessels over 25 feet, per foot additional 10.00 Vessels over 25 feet require city commission approval Cleaning/janitorial/maid service Computer classes Computer consultant/systems analyst Computer repairs Computer services Consultant, not otherwise classified Consultant/systems analyst Country club: With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Dance hall: With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Decorator/interior design Delivery/messenger service Dredging/excavation contractor Drywall installation Supp. No. 23 1172 TAXATION § 20-59 Employment agency Environmental services/consultant Fences, metal/wood contractor Financial consultant Fortune teller, clairvoyant, psychic, palmist, spirit medium, etc. Foundation contractor Fuel oil service Furniture repair/refinish/upholstery Glass tinting/coating Health spa/gym Hotel/motel/roominghouses: With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Instructional establishment: Arts/crafts Computer/secretarial Dance/music/fine arts Karate/martial arts Insulation contractor Irrigation contractor Junk/salvage yard Land development company Landscaping/lot clearing Laundromat, self-service Laundry/dry cleaner Lawn/yard service Linen service Locksmith Machine repair/fabrication/welding Supp. No. 23 1173 § 20-59 ATLANTIC BEACH CODE Management company (managing the property or business of another person, firm or corporation) Manufacturer's agent/representative Marina Per slip/space up to 50 feet $10.50 Plus for each additional foot over 50 feet 10.50 Marine construction (docks, etc.) Masonry/ceramic tile Minor contractor (miscellaneous odd jobs/repair) Miscellaneous service establishment, other than listed Mobile home parks Motion picture theater/establishment Motorcycle repair Moving/storage company Newspaper, branch office/publishing Office equipment maintenance Packing/shipping/mail service Painting/paper hanging Pest control/exterminator Photo processing service Photographer Piano tuner Pool service/maintenance Printer/print shop Process server Promoters of entertainment, exhibits, shows, event planner Publishing/public relations company Radio station/broadcasting company Radio/television/VCR repair Recycling company Rentals: Bicycles Supp. No. 23 1174 TAXATION § 20-59 Equipment Furniture/appliances Videotapes, etc. Other Restaurants (This classification also includes snack bars and take-out only service): With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Screen printing Secretarial service/data processing Security systems installation Security systems monitoring service Septic tank cleaning Shoe repair Sign builders/painters Signs, electric/neon Small engine repair Software programs, writing of Solicitation, door-to-door (unless exempted by chapter 18 of the City Code or F.S. Ch. 496), plus $35.00 to cover the cost of investigation pursuant to section 18-3 of the City Code Sprinkler systems (fire) Storage/mini warehouses Tailor/dressmaker Tanning salon Telegraph service Telemarketing Telephone answering service Trailer park/tourist camp Travel agency Tree service/tree surgeon Upholsterer/furniture mender Supp. No. 23 1175 § 20-59 ATLANTIC BEACH CODE Water softening/conditioning Web page consultant Well digger Window cleaner/pressure washer Window installation/service Other service establishments: Telephone company, subject to franchise: First 1,000 phones for instruments or fraction thereof, per phone or instrument operated or installed $.075 Second 1,000 phones or instruments or fraction thereof over 1,000, per phone or instrument operated or installed .06 All over 2,000 phones or instruments, per phone or instrument operated or installed .045 Transportation: In addition to the license for the business establishment (physical facility), each individual engaged in transportation shall pay a license fee for each vehicle involved in the business, as follows: Taxi/limousine service Limousine, per vehicle $27.00 Taxi cabs 27.00 Towing/wrecker service Towing/wrecker service, per vehicle 27.00 Trucking Truck, per vehicle 27.00 Vending machines: The licensing of vending machines shall be the responsibility of the business where the vending machines are located and shall be in addition to other license(s) required for the business. Vending machines shall mean any amusement/ game machine, pool/billiard table, electronic music machine, and any machine which dispenses a product. 0 to 3 machines $27.00 4 to 10 machines 55.00 11 to 19 machines 110.00 20 or more machines (arcade) 275.00 Supp. No. 23 1176 TAXATION § 20-77 Commission approval will be required before occupational licenses will be issued for the following businesses, and license fees shall be as follows: Passenger vessel 1-50 passenger capacity $105.00 51-100 passenger capacity 1,050.00 101 or more passenger capacity 131,250.00 Day labor employment service $5,250.00 Escort service 26,250.00 Body piercing/tattoo artist 5250.00 Lingerie modeling shop 26,250.00 900 telephone service or equivalent 26,250.00 Sexually oriented live entertainment 26,250.00 Teen club 5,250.00 (Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; OrdNo. 45-86-7, § 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10, 1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98; Ord. No. 45-00-14, § 1, 7-24-00) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business or insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of one (1) percent of the gross amount of receipts of premiums for policyholders on all premiums collected on casualty insurance policies, covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—Authority for this section, F.S. § 185.08. Sec. 20-77. Property insurance. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the Supp. No. 23 1177 § 20-77 ATLANTIC BEACH CODE city, which tax shall be in the amount of two (2) percent of the gross amount or receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the city. (Ord. No. 45-80A, 9-8-80) State law reference—Authority for this section, F.S. § 175.101. Sec. 20-78. Payment date. The license or excise taxes levied in section 20-76 or 20-77 shall be due and payable annually on the first day of March of each year. (Ord. No. 45-80-4, 9-8-80) Sec. 20-79. Reserved. ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION Sec. 20-80. Exercise of municipal powers. This article represents an exercise of municipal powers by the city commission, pursuant to Section 9(12) of the Atlantic Beach Charter. This article shall apply throughout the City of Atlantic Beach, but only to taxes levied by Atlantic Beach. (Ord. No. 70-00-14, § 1, 6-26-00) Sec. 20-81. Definitions. As used in this article, the term: Household means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. Household income means the adjusted gross income, as defined in Section 62 of the United States Internal Revenue Code, of all members of a household. (Ord. No. 70-00-14, § 1, 6-26-00) Sec. 20-82. Additional homestead exemption authorized. Commencing January 1, 2001, and annually thereafter, pursuant to Article VII, Section 6(f), Florida Constitution, and Section 196.075, Florida Statutes, an additional homestead exemp- tion of twenty-five thousand dollars ($25,000.00) is hereby authorized for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained the age of sixty-five (65) and whose household income does not exceed twenty thousand dollars ($20,000.00), adjusted by the cost -of -living index for the year 2000. (Ord. No. 70-00-14, § 1, 6-26-00) Supp. No. 23 1178 TAXATION § 20-84 Sec. 20-83. Annual adjustment to household income. Commencing January 1, 2001, the household income limitation shall be adjusted annually, on January 1, by the percentage change in the average cost -of -living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer -price -index figures for the stated 12 -month period, relative to the United States as a whole, issued by the United States Department of Labor. (Ord. No. 70-00-14, § 1, 6-26-00) Sec. 20-84. Annual filing of household income statement. Any taxpayer claiming the additional homestead exemption must submit annually, not later than March 1 of each year, to the Duval County Property Appraiser, a sworn statement of household income on a form prescribed by the Florida Department of Revenue. (Ord. No. 70-00-14, § 1, 6-26-00) [The next page is 1221] Supp. No. 23 1179 TRAFFIC AND MOTOR VEHICLES § 21-20 stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking permit as required by state law. a. A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disable person, and no penalty shall be imposed upon the driver for this momentary parking. b. A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fine of two hundred and fifty dollars ($250.00). c. All fines collected for violations regarding parking spaces designated for disabled persons shall be distributed as follows: 1. Thirty-five (35) percent shall be placed in a separate account of the city to be expended only to improve accessibility and equal opportunity to qualified physically disabled persons in the city and to provide funds to conduct public awareness programs in the city concerning physically disabled persons. These funds shall be appropriate by the city commission prior to expendi- ture, but shall not lapse at the end of any fiscal year and shall remain available for expenditure for the purposes stated herein. 2. The remaining percentage of the fines collected shall be distributed as provided by law. (Ord. No. 75-82-3, § 2, 4-12-82; Ord. No. 75-90-8, § 1, 2-26-90) State law reference—Similar provisions, F.S. § 316.1945. Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75-82-3, § 3, 4-12-82) Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person shall park a vehicle in such a designated place. (Ord. No. 75-82-3, § 4, 4-12-82; Ord. No. 75-00-14, § 1, 7-10-00) Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (Ord. No. 75-82-3, § 5, 4-12-82) Supp. No. 23 1223 § 21-21 ATLANTIC BEACH CODE Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of: (1) Displaying it for sale; or (2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. No. 75-82-3, § 6, 4-12-82) Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements. (a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (10,000) pounds gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor unit or trailer unit of any tractor -trailer -type truck, upon any private property in a residential zone except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. (b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by the city manager or his designee. (c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense. (Ord. No. 75-82-3, § 7, 4-12-82; Ord. No. 75-92-9, § 1, 2-24-92; Ord. No. 75-97-12, §§ 1, 2, 3-24-97) Sec. 21-23. Parking more than seventy-two hours prohibited. No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of seventy-two (72) hours. (Ord. No. 75-82-3, § 8, 4-12-82) Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful; exception; nuisance declared. (a) Abandoned property. Florida Statute Chapter 705 is hereby adopted by reference in its entirety as if fully set forth herein. (1) Abandoned property on private property; procedures for removal thereof. a. Whenever the enforcement officer, Atlantic Beach police officer or Atlantic Beach code enforcement officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Atlantic Beach in Supp. No. 23 1224 TRAFFIC AND MOTOR VEHICLES § 21-24 violation of any zoning ordinance or regulation, anti -litter ordinance or regula- tion, or other similar ordinance or regulation of Atlantic Beach, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (set forth ordinance or regulation violated) and must be removed within ten (10) days or, if the property is a boat, thirty (30) days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Atlantic Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (Set forth date of posting of notice). Signed: (Set forth name, title, address and telephone number of enforcement officer). Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, and on or before the date of posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located as shown by the real estate tax record used by the City of Atlantic Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of the notice to such owner. b. If at the end of ten (10) days (or if the property is a boat, thirty (30) days) after posting such notice, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the City of Atlantic Beach to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction is paid by the owner, in which case the salvage value may be deposited in the local government general fund. (b) Nuisance declared. To accumulate or store one (1) or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. (Ord. No. 75-82-3, § 9, 4-12-82; Ord. No. 75-85-4, § 1, 3-11-85; Ord. No. 75-88-7, § 1, 9-12-88) Cross reference—Nuisances, Ch. 12. Supp. No. 23 1225 § 21-25 ATLANTIC BEACH CODE Sec. 21-25. Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: (1) When a vehicle is left unattended: a. On a sidewalk; b. In front of a public or private driveway upon complaint; c. Within fifteen (15) feet of a fire hydrant; d. Within an intersection; e. On a crosswalk; or f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (2) When any vehicle is left unattended at any place where official signs or markings on the curb prohibit parking, stopping, or standing. (3) When any vehicle is left unattended upon any street or right-of-way for a period of time longer than seventy-two (72) hours; (4) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal; (5) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-82-3, § 10, 4-12-82; Ord. No. 75-00-14, § 1, 7-10-00) Cross reference—Establishment of rotating wrecker call list, § 21-50. Sec. 21-26. Same—Towage and storage charges. Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle removed under provisions of this article is stored shall constitute a lien against the vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no event shall the city or any officer; employee or department of the city be liable for the charges and costs by reason of their enforcement of this section. (Ord. No. 75-82-3, § 11, 4-12-82) Cross reference—Charges for towing and storage, § 21-51. Sec. 21-27. Residential parking sticker program. (a) Definitions. [The following terms shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:] Supp. No. 23 1226 TRAFFIC AND MOTOR VEHICLES § 21-27 Residential parking street shall mean a street or portion thereof where curbside parking is limited to vehicles properly displaying a residential parking permit authorized by this section. Designated streets will be enumerated by resolution of the city commission and amended from time to time by said body. Resident shall mean any person who resides in or pays real property taxes to the city on real estate or on a structure approved for residential occupancy and who is the owner of such Supp. No. 23 1226.1 UTILITIES § 22-74 Sec. 22-73. Constructing privies, septic tanks, cesspools. Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (Ord. No. 80-83-23, § I(Art. II, § 3), 6-27-83) Sec. 22-74. Installation of toilet facilities required; connection of facilities to public sewer. (a) The owners of all houses, buildings or properties used for human occupancy, employ- ment, recreation, or other purposes, and situated within the city are hereby required at the owner's expense to install suitable toilet facilities therein. (b) The owners of all properties described in (a) above shall connect their toilet facilities to public sewer, provided the public sewer is within one hundred (100) feet or thirty and five -tenths (30.5) meters of the property line, as follows: (1) If new construction, then immediately. (2) If currently under an assessment for installation of public sewer lines (whether already paid off or still paying), connection shall be made within one (1) year after expiration of the assessment. (Assessments in Ocean Grove expire December, 2006, on Beach Avenue in May, 2010, and in Marsh Oaks (f/k/a Section H) in November, 2011.) (3) If not currently under an assessment for installation of public sewer lines, connection shall be made within five (5) years of the effective date of this section. (4) If failure of an OSDS occurs, then immediately. Failure of an OSDS is defined in section 22-90-(b), copy attached. (c) The owners of all properties described in (a) above where public sewer is not currently available, but becomes available in the future, shall connect their toilet facilities to public sewer as follows: (1) Within ninety (90) days after date of official notice from the city to do so. Official notice shall be complete upon mailing said notice to the property owner at the property address and at his or her last known address, if any. (2) If failure of an OSDS occurs, and public sewer is available, then immediately. Failure of an OSDS is defined in section 22-90(b), copy attached. (d) Failure of any property owner to connect to public sewer as required shall be unlawful and subject to all penalties, including, but not limited to, the following: (1) General penalty as provided in section 1-11, copy attached; (2) Prosecution before the code enforcement board; (3) Billing for appropriate services retroactive to the date connection should have been made. The amount of any such billing shall be in accordance with city practice, in at least the amount of minimum billing for the appropriate services. Supp. No. 23 1286.1 § 22-74 ATLANTIC BEACH CODE (e) The city may, from time to time, offer financial assistance and incentives to property owners to encourage a more rapid conversion from an OSDS to public sewer. Any financial assistance and incentives shall be as set forth in a resolution duly adopted by the city commission. (Ord. No. 80-83-23, § I(Art. II, § 4), 6-27-83; Ord. No. 80-94-53, § 1, 11-28-94; Ord. No. 80-00-61, § 1, 5-22-00) Secs. 22-75-22-85. Reserved. DIVISION 3. PRIVATE WASTEWATER DISPOSAL Sec. 22-86. Construction of division. No statement contained in this division shall be construed to interfere with any additional requirements that may be imposed by the public health and environmental authorities. (Ord. No. 80-83-23, § I(Art. III, § 7), 6-27-83) Sec. 22-87. Where required. Where a public sanitary sewer is not available under the provisions of section 22-74, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article. (Ord. No. 80-83-23, § I(Art. III, § 1), 6-27-83) Sec. 22-88. Permits. (a) Obtaining permit. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. (b) Application. The application for permit shall be made on a form furnished by the division, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the division. (c) Effective date. A permit for private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the division and the city manager. (d) Inspections. The division and the city manager shall be allowed to inspect the work at any stage of construction. The applicant for the permit shall notify the division when the work is ready for final inspection, and before any underground portions are covered. (Ord. No. 80-83-23, § I(Art. III, §§ 2, 3), 6-27-83) Supp. No. 23 1286.2 UTILITIES § 22-91 Sec. 22-89. Compliance regarding type, capacities, location and layout. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. (Ord. No. 80-83-23, § I(Art. III, § 4), 6-27-83) Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling. (a) At such time as a public sewer becomes available to a property served by a private wastewater disposal system (onsite sewage disposal system [or OSDS]), as provided in section 22-89, or when a failure of such OSDS occurs, the property owner shall be notified by the city that a direct connection shall be made to the public sewer within ninety (90) days in compliance with this article. Such failed septic tanks, cesspools, and similar private waste- water disposal facilities shall be cleaned of sludge and filled with suitable material. The requirement to hook up to the city's sewer system will not be required of property owners who began paying an assessment for sewer lines before February 1, 1995, unless their OSDS fails. Property already served by the city sewer system shall remain on the city sewer system. (b) "Failure" is defined as a condition existing within an OSDS which prohibits the system from functioning in a sanitary manner. Failure may result in the discharge of untreated or partially treated wastewater onto ground surface, into surface water, or into groundwater. Failure may cause building plumbing to discharge improperly. (Ord. No. 80-83-23, § I(Art. III, § 5), 6-27-83; Ord. No. 80-94-53, § 2, 11-28-94) Sec. 22-91. Maintenance. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. Any and all maintenance or repair to a private OSDS [onsite sewage disposal system] must be permitted and inspected by the city building department. (Ord. No. 80-83-23, § I(Art. III, § 6), 6-27-83; Ord. No. 80-94-53, § 3, 11-28-94) Supp. No. 23 1287 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. 23 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 60-97-9 2-24-97 1 Added 17-18 25-00-31 2-28-00 1 6-31 80-00-61 5-22-00 1 22-74 70-00-14 6-26-00 1 Added 20-80-20-84 58-99-26 7-10-00 1 2-262, 2-263, 2-266, 2-267, 2-271, 2-272, 2-275, 2-278-2-281, 2-284, 2-288, 2-290, 2-291, 2-298 2 Added 2-300-2-310.29 75-00-14 7-10-00 1 21-19, 21-25(2) 45-00-14 7-24-00 1 20-59 Supp. No. 23 2000 [The next page is 2043] STATUTORY REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. F.S. Section Section this Code 1.01 1-2 13-201 Ch. 9(note) 23.011 Ch. 14(note) 60.05 2-168, 2-169 Ch. 12(note) Ch. 98 Char., § 38 98.211 Char., § 53 100.181 Char., § 41 100.361 Char., § 56 Ch. 101 Char., § 42 Ch. 112 2-304 Ch. 112, Pt. III Char., § 66 112.061 Ch. 2, Art. VII, Div. 3(note) 112.181(2) 2-279 2-310.8 112.65 2-285 112.311 Ch. 2, Art. II (note) 112.3173 2-297 2-310.22 Ch. 119 Char., § 65 Ch. 2(note) Ch. 161 Ch. 5(note) 161.041 6-20(b)(3) 161.053 6-20(b)(3) 6-21(e), (r) Ch. 162 Ch. 2, Art. V, Div. 2(note) 7-27 20-54 162.02 2-146 162.05 2-141, 2-142 162.05(4) 2-145 162.06 2-147 162.07 2-143,2-144 2-147 162.08 2-148 162.09 2-149 162.10 2-150 162.11 2-151 Ch. 163 Char., § 59 14-1(a) Supp. No. 23 2053 F.S. Section 163.3161 163.3174 163.3178 Ch. 166 Ch. 166, Pt. II 166.031 166.041 166.101 166.201 166.231 166.241 166.0425 Ch. 170 Ch. 175 175.101 175.121 Ch. 177 177.27(15) 177.011 177.041 177.091 Ch. 180 Ch. 185 185.02(11) Section this Code 21-302(15) Ch. 14(note) Ch. 24(note) 14-22 6-27 Charter(note) Char., § 4 Char., § 57 Char., § 59 21-302(9) Char., § 45 Char., § 60 Char., § 79 Char., § 18 24-4 Ch. 2, Art. VII (note) Ch. 2, Art. VII (note) Ch. 20(note) Ch. 20, Art. II (note) 2-311 Ch. 17(note) Ch. 19(note) 2-272 2-290 20-77 2-288 2-288 24-205 6-21(j) Ch. 24, Art. IV (note) 24-205 24-256 Ch. 19(note) 2-290 2-300, 2-303, 2-304, 2-309, 2-310.1, 2-310.4, 2-310.17, 2-310.29 2-301 F.S. Section 185.06 185.08 185.16(3) 185.121 185.185 Ch. 192 193.116 196.075 Ch. 205 205.022 205.042 205.043(2) 205.043(3) 205.053 205.053(1) 205.063 205.196 Ch. 218 218.33 253.12 286.011 309.01 Ch. 316 316.008 316.008(1)(a) 316.195 316.1945 316.2045 320.823 Ch. 327 335.075 Ch. 367 Ch. 369 Ch. 372 Ch. 373 381.006 381.031(1)(g)1 381.031(g)3 ATLANTIC BEACH CODE Section F.S. this Code Section 2-303 2-310.16 20-76 2-310.6 2-288 2-310.22 Ch. 20(note) Char., § 58 20-82 Char., § 58 Ch. 20, Art. III (note) 20-51 20-52 20-57 20-57 20-54 20-53 20-58 20-59 Ch. 2, Art. VII (note) 2-311 Ch. 5(note) Char., § 14 Ch. 2(note) Ch. 5(note) Ch. 21(note) 21-1 21(nol,e) 381.261 Ch. 386 403.0893 403.413 403.415 413.08 Ch. 469 Ch. 479 Ch. 481, Pts. I, II Ch. 489 Ch. 496 496.01 Ch. 513 513.01 Ch. 514 Ch. 538, Pt. I 538.03(1)(a) Ch. 552 Ch. 553 553.01 553.15 553.70 553.73 Ch. 21, Art. II Chs. 561-568 (note) 561.01 Ch. 21, Art. II 562.14(1) (note) 562.45(2) 21-16 Ch. 21(note) 590.12 21-17 Ch. 633 19-1 6-23 633.35 Ch. 5(note) 633.121 Ch. 19(note) 633.171 Ch. 22(note) Ch. 650 Ch. 5(note) Ch. 4(note) Ch. 8(note) 650.02 4-29 650.05 4-29 Ch. 6, Art. VI Ch. 679, Pt. V (note) Ch. 705 Supp. No. 23 2054 Section this Code Ch. 22(note) Ch. 12(note) 21-302(9), (10) 5-4 16-7 Ch. 11(note) Ch. 3, Art. II(note) Ch. 6, Art. IV (note) Ch. 17(note) 20-59 24-177(b)(1) Ch. 6(note) 18-4(g)(6) 20-59 Ch. 18(note) Ch. 10(note) 10-1 Ch. 6, Art. VI (note) 21-61 21-60 Ch. 7(note) Ch. 6(note) 6-21(p) 7-32 Ch. 6, Art. IV(note) Ch. 6, Art. III(note) Ch. 6, At L. II(no t,e) 7-25 3-1 Ch. 3(note) 3-2 3-2 3-4-3-6 Ch. 7(note) Ch. 7(note) 7-32 2-263 Ch. 7(note) 7-27 Ch. 2, Art. VI, Div. 2(note) 2-241 2-241 Ch. 2, Art. VI, Div. 2(note) 21-63 Ch. 15, STATUTORY REFERENCE TABLE F.S. Section Section this Code Art. II(note) 21-24 705.16 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 2-262 943.14 2-262, 2-301 943.22 2-262 2-301 943.25(8)(a) 15-1 [The next page is 2081] Supp. No. 23 2055 CODE INDEX Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Housing code Adoption 6-120 Swimming pool enclosures, roofed Compliance with building code 6-92 Wastewater system, building sewers and connections Conformance with building code 22-106 Zoning regulations, construction within the districts Structures to comply with building code 24-66(b) Building official Flood hazard districts, enforcement of provisions 8-11 Numbering of buildings Duties of official 6-108 Building permits Coastal construction 6-20 Fire prevention and life safety 7-32 Zoning regulations Administrative official's powers and responsibilities 24-47(7) Provisions generally 24-65 Building sewers and connections 22-101 et seq. See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Coastal construction code 6-18 et seq. See: COASTAL CONSTRUCTION CODE Community development board 14-16 et seq. See: PLANNING Electrical code 6-31 et seq. See: ELECTRICAL CODE Fire prevention and protection 7-1 et seq. See: FIRE PREVENTION AND PROTECTION Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Garbage and trash provisions Removal of lot clearing, contractors' debris; oil and grease 16-12 Housing code Adoption 6-120 Loitering, sleeping, etc., in public buildings 13-2 Mechanical code 6-76, 6-77 Noise provisions Building operation at night 11-6 Nuisances. See also that subject Abandoned building rubbish, material, etc 12-1(b)(7) Permitting buildings to become dangerous, unsafe, etc12-1(b)(8) Structurally unsound structures, etc. 12-1(b)(6) Numbering of buildings Attachment of numbers to buildings 6-107 Building official Duties 6-108 Removing or defacing 6-111 Supp. No. 23 2107 ATLANTIC BEACH CODE Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Required 6-106 Street numbering districts designated 6-109 Subdivision regulations, design and construction stan- dards Street names and house numbers 24-252(j) System of number 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Signs for public buildings 17-18 Subdivisions Design and construction standards, lots building setback lines 24-255(f) Swimming pool code 6 91, 6-92 Temporary construction trailers, structures, etc. Zoning regulations 25-66 et seq. See: ZONING Zoning regulations 24-31 et seq. See: ZONING Wastewater system Sewer system extensions, construction 22-192, 22-195 Water service Temporary service for construction work 22-17 Water shortages Permitting water to be used from fire hydrants for con- struction work 22-39(e)(4) BURIAL OF GARBAGE Solid waste provisions 16-6 BURNING, OPEN Fire prevention and life safety 7-36 BUSES Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Zoning regulations Temporary residence 24-82(h) BUSINESS TRUSTS Definition of "person" to include business trusts 1-2 C CAMPERS. See: RECREATIONAL VEHICLES CANALS. See: WATERCOURSES, WATERWAYS CARNIVALS Water service, temporary 22-17 Supp. No. 23 2108 CODE INDEX Section CARPORTS Zoning regulations Accessory uses by zoning district 24-151(b)(1) [The next page is 2111] Supp. No. 23 2109 CODE INDEX Section CONTROLLED SUBSTANCES. See: DRUGS CORPORATIONS Definition of "person" to include corporation 1-2 COUNTY. See: DUVAL COUNTY COURTS Confiscated or lost property Provisions re county court 15-16 et seq. Noise Interfering with court 11-10 Police training Additional court costs assessed for 15-1 COWS, CATTLE Maintaining stable 4-7 CROSSWALKS Abandoned, wrecked, junked, etc., vehicles Leaving unattended on crosswalk 21-25(a)(1) Stopping, standing or parking vehicle on or within cross- walks 21-17(5), (6) CRUELTY TO ANIMALS Generally 4-5 CURFEW Provisions re minors in public places 13-153 et seq. See: MINORS D DANCING Zoning regulations Establishments offering dancing or live entertainment ... 24-155 DEATHS OF CITY EMPLOYEES Retirement system provisions 2-283, 2-284 See also: OFFICERS AND EMPLOYEES DEFACING PROPERTY, ETC. Building numbers Removing or defacing 6-111 Public sewers Defacing, damaging, etc. 22-57 Streets, sidewalks and other public places Digging into, defacing, etc., streets, avenues, driveways, etc 19-2 DEMOLITION Zoning regulations Construction within the districts Demolition to comply with building and related codes.. Supp. No. 23 2115 24-66(b) ATLANTIC BEACH CODE Section DENSITY OF LOTS, POPULATION, ETC. Zoning regulations 24-82(d) et seq. See: ZONING DEPARTMENTS AND OTHER AGENCIES OF CITY City commission 2-16 et seq. See: CITY COMMISSION Code enforcement board 2-141 et seq. See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Definition 1-2 Department of finance 2-71 et seq. See: FINANCES Department of public works 2-79 et seq. See: PUBLIC WORKS AND IMPROVEMENTS Fire department 2-61 et seq. See: FIRE DEPARTMENT Lifeguard division 2-63 Local planning agency 14-22 Nuisance control board 2-161 et seq. See: NUISANCES Officers and employees. See that subject Board of trustees of city employee's retirement system 2-264 et seq. Police officers' retirement system board of trustees 2-303 et seq. Police department 2-51 et seq. See: POLICE DEPARTMENT Tree conservation board 23-19 Zoning community development hoard . ................. 24-49 Zoning, planning agency 24-48 DERRICKS Noise provisions Building operations at night 11-6 DEVELOPMENT Community development board 14-16 et seq. See: PLANNING Planning unit development (PUD) 24-126 et seq. See: ZONING Subdivision regulations 24-186 et seq. See: SUBDIVISIONS Zoning regulations 24-31 et seq. See: ZONING DISABLED PERSONS City employees retirement system Disability retirement 2-279, 2-280 See also: OFFICERS AND EMPLOYEES Supp. No. 23 2116 CODE INDEX DISABLED PERSONS (Cont'd.) Police officers' retirement system Disability retirement Continuation subject to re-examination; return to em- ployment General conditions for eligibility DISASTERS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by fires, floods, etc. DISCRIMINATION Fair housing See: FAIR HOUSING DISEASES, DISEASE CONTROL Rabies See: ANIMALS AND FOWL DISTRICTS Community development board Replanning, reconstructing, etc., of districts damaged by fire, earthquake, etc. Flood hazard districts See: FLOOD HAZARD DISTRICTS Zoning districts 24-101 et seq. See: ZONING Section 2-310.9 2-310.8 14-20(12) 9-16 et seq. 4-1 et seq. 14-20(12) 8-1 et seq. DISTURBANCES OF THE PEACE Animals and fowl Dogs or cats disturbing the peace generally DOGHOUSES Zoning regulations Accessory uses by zoning districts DOGS Regulated See: ANIMALS AND FOWL DOORS AND WINDOWS Signs and advertising structures Obstructing doors and windows Signs, posters, etc., prohibited on windows, doors, etc DRAINAGE Mobile home parks and recreational vehicle parks Designed for drainage of surface water Nuisances Allowing or permitting stagnant water to accumulate upon surface of ground Discharge of water from water -source heat pumps into storm drainage systems Supp. No. 23 2116.1 4-27 24-151(b)(1) 4-21 et seq. 17-6 17-8 ATLANTIC BEACH CODE Section DRAINAGE (Cont'd.) Abatement of nuisances, etc. See: NUISANCES Sewers Building sewers and connections Foundation drains, surface runoff, etc. 22-108 Discharging groundwater, subsurface drainage, etc., into sanitary sewers 22-127 Zoning regulations Planning unit development (PUD) Design and construction of facilities to prevent erosion, etc. 24-136(d) DRIVEWAYS Abandoned, wrecked, junked, etc., vehicles Left unattended in front of driveways 21-25(a)(1) Supp. No. 23 2116.2 CODE INDEX Section GARBAGE AND REFUSE (Cont'd.) Leaves and grass clippings; tree trunks 16-5 Noncompliance 16-11 Prima facie evidence of production of garbage 16-13 Recyclable materials. See also herein that subject Removal of lot clearing, contractors' debris; oil and grease 16-12 Violations and penalties 16-15 White goods; procedure and fees for removal 16-14 Zoning regulations Planned unit development (PUD) Refuse collection, access for 24-136 GARDEN TRASH Provisions re disposition of 16-5 GARDENS Waterworks system Water shortages; irrigation of flowers, foliage, etc. 22-39 GAS Gas code adopted 6-141 Mechanical code Gas piping permit fee 6-77(2) Public service tax on gas, electricity, etc. 20-16 et seq. See: TAXATION Public sewers, use of Prohibited discharges 22-129 GASOLINE Public sewers, use of Prohibited discharges 22-129 GAZEBOS Zoning regulations Accessory uses by zoning district 24-151(b)(1) GENDER Defined 1-2 GLASS Nuisances. See also that subject Open storage of glass, building material, etc. 12-1(b)(7) Public sewers, use of Prohibited discharges of metal, glass, etc. 22-129(4) GONGS Noise. See also that subject Noise in public places generally Use of gongs on vehicles 11-2 11-4 GRASS CLIPPINGS Public sewers, use of Prohibited discharges of grass clippings 22-129(4) Solid waste disposal 16-5 Supp. No. 23 2125 ATLANTIC BEACH CODE Section GREASE. See: OILS, GREASE GUARDHOUSES Zoning regulations 24-158 GUNS. See: FIREARMS AND WEAPONS H HASHISH. See: DRUGS HAWKING Noise in public places generally 11-2 HEALTH AND SANITATION Animal and fowl provisions Interfering with health officer 4-2 Establishments offering dancing or live entertainment, zon- ing regulations Adverse effect upon public health, safety, etc 24-155 Noise provisions Noise which endangers health or safety of others 11-1 Nuisances enumerated Unsanitary conditions, conditions injurious to health of community, etc. 12-1 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM HEAT PUMPS Building sewers and connections Drainage from water -source heat pumps 22-108 Discharging water from heat pumps, nuisance provisions12-1(b) Abatement of nuisances, etc. See: NUISANCES Public sewers, use of Discharging unpolluted waters from heat pumps into sanitary sewers 22-127 Waterworks system Water shortages Watering lawns by heat pumps 22-39(b) HEIGHT LIMITS Signs and advertising structures Minimum height above sidewalks 17-9 Weeds, height of growth 23-36 Zoning, regulations 24-82(b) et seq. See: ZONING HOGS Keeping hogs HOLIDAY SCHEDULE Ordained and established HOME OCCUPATIONS Zoning regulations Supp. No. 23 2126 4-7 2-226 24-159 CODE INDEX Section HOMESTEAD EXEMPTION Taxation provisions 20-81 et seq. See: TAXATION HORNS Noise in public places generally 11-2 HORSES Maintaining stables 4-7 HOTELS Dogs in hotels to be muzzled, leashed, etc 4-25 HOUSING Fair housing 9-16 et seq. See: FAIR HOUSING Housing code Adoption 6-120 Mobile homes 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES HUMAN RELATIONS Fair housing 9-16 et seq. See: FAIR HOUSING HUNTING Hunting birds, wild fowl, etc. 4-4 HYDRANTS. See also: FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Left unattended within fifteen feet of fire hydrants 21-25(a)(1) Signs and advertising structures Signs obstructing fire escapes 17-6 Signs, posters, etc., prohibited on hydrants 17-8 Stopping, standing or parking vehicle within fifteen feet of fire hydrant 21-17(4) I IMPOUNDMENT Abandoned, wrecked, junked, etc., vehicles Removing and impounding 21-25 Towage and storage charges 21-26 animal provisions 4-2 et seq. See: ANIMALS AND FOWL IMPROVEMENTS Community development board List of recommended capital improvements 14-20(6) Recommending improvements for city 14-20(11) Subdivision improvements 24-221 et seq. See: SUBDIVISIONS Supp. No. 23 2126.1 ATLANTIC BEACH CODE INDECENCY AND OBSCENITY Alcoholic beverage establishments Exposure of private parts in Obscene matter prohibited INSECTS, INSECT CONTROL Nuisances enumerated Allowing stagnant water to accumulate, prevention of the propagation of mosquitoes Abatement of nuisances, etc. See: NUISANCES Supp. No. 23 2126.2 Section 13-17 13-6 12-1(b)(4) 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 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 Police officers' retirement system Alternate death while in city employment; pension to spouse and/or children Assignments prohibited Benefit enhancements Benefit groups Benefit limitations and required distributions Board of trustees Actuarial data; report to city commission Responsibilities and duties generally Composition Meetings; quorum; voting; compensation Terin of office; oath of office Vacancy; filling of vacancy Calculation of pension benefit City contribution Claim review procedure Created, purpose Credited service Supp. No. 23 2135 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 2-296 2-292 2-297 2-290 2-281 2-298 2-271 2-294 2-275 2-270 2-282 2-310.13 2-310.20 2-310.29 2-302 2-310.28 2-304 2-303 2-305 2-308 2-306 2-307 2-310.10 2-310.16 2-310.25 2-300 2-310.1 ATLANTIC BEACH CODE Section OFFICERS AND EMPLOYEES (Cont'd.) Death while in city employment; elective survivor pen- sion 2-310.12 Deferred retirement upon separation from employment (vesting) 2-310.7 Definitions 2-301 Denial of benefits 2-310.24 Disability retirement Continuation subject to re-examination; return to employment 2-310.9 General conditions for eligibility 2-310.8 Errors 2-310.21 Exhaustion of claims review procedure 2-310.26 Expenses 2-310.18 Investment of retirement system assets 2-310.17 Loss of credited service 2-310.2 Maximum amount of pension 2-310.14 Member contributions 2-310.27 Membership 2-310 Method of making payments 2-310.19 Military service credit 2-310.4 Normal retirement date and payment date 2-310.6 Officers and employed services 2-309 Optional forms of pension payment 2-310.11 Protection against fraud; forfeiture 2-310.22 Reinstatement of credited service 2-310.3 Response to claims and inquiries 2-310.23 Subrogation rights 2-310.15 Voluntary retirement conditions; employment after re- tirement 2-310.5 Subrogation rights 2-286 Voluntary retirement conditions 2-276 Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure 2-356 et seq. See: TRAVEL Waterworks system Right of access by city employees 22-19 Tapping of mains, etc., restricted to city employees 22-15 OFFICIAL MAP. See: MAPS OFF-STREET PARKING Zoning regulations 24-136 et seq. See: ZONING OIL, GREASE, ETC. Public sewers, use of Grease, oil and sand interceptors Limitations on discharge concentrations or quantities Supp. No. 23 2136 22-132 22-130 CODE INDEX Section OIL, GREASE, ETC. (Cont'd.) 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 Signs for parks 17-18 Supp. No. 23 2137 ATLANTIC BEACH CODE Section PARKS, PLAYGROUNDS AND RECREATION (Cont'd.) Zoning regulations Accessory uses by zoning district Tennis, basketball, etc., and other private recreation uses 24-151(b)(1) PARTNERSHIPS Definition of "person" to include partnerships 1-2 PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. PEDESTRIAN EASEMENTS Subdivisions, design and construction standards 24-253(d) PEDESTRIANS Obstruction of passage of pedestrians 13-2 PENSIONS Retirement system for city employees 2-281 et seq. See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS PERSON Defined 1-2 PICNICS Beaches, picnicking on 5-3 PICTURES Obscene matters prohibited 13-6 PILE DRIVERS, STEAM SHOVELS, ETC. Noise provisions Building operations at night 11-6 PLANNED UNIT DEVELOPMENTS (PUD) Subdivisions, required improvements 24-222 Zoning regulations 24-126 et seq. See: ZONING PLANNING Community development board Appeals 14-24 Certification of board actions to the city manager 14-21 Composition 14-17 Cost 14-26 Created 14-16 Duties 14-20 Enforcement; penalties 14-27 Legal proceedings 14-28 Local planning agency 14-22 Officers 14-17 Petition of illegality 14-25 Powers 14-20 Supp. No. 23 2138 CODE INDEX Section PLANNING (Cont'd.) Planned unit development (PUD) Action by community development board 24-132(b) Proceedings of the board 14-23 Qualifications of members 14-17 Removal of members 14-19 Terms of office of members 14-18 Vacancies, filling 14-18 Vacancies, filling 14-18 Zoning. See also that subject Community development board to serve as planning agency 24-48, 24-49 Comprehensive plan 14-1 Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS Zoning regulations 24-31 et seq. See: ZONING PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 Subdivision regulations 24-186 et seq. See: SUBDIVISIONS PLUMBING CODE Adoption 6-56 Building sewers and connections Conformance with plumbing code 22-106 Certificates of competency 6-57 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fee 6-59 To whom issued 6-60 Water conservation regulations 6-61 Waterworks system Approval of plumbing prior to connection with water system 22-35 PNEUMATIC HAMMERS Noise provisions Building operations at night 11-6 POISONOUS SOLIDS, LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 Supp. No. 23 2139 ATLANTIC BEACH CODE 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 Retirement system 2-300 et seq. See: OFFICERS AND EMPLOYEES 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 Supp. No. 23 2140 1-2 22-73 CODE INDEX Section PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 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 PUBLIC 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. See: PLANNING Department of public works Created 2-79 Director of public services Appointment, compensation 2-80 Duties generally 2-81 Division chiefs Appointment, compensation 2-82 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Supp. No. 23 2141 ATLANTIC BEACH CODE Section PURCHASES, PURCHASING (Cont'd.) Scope of purchasing authority 2-338 R RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RADIO AND TELEVISION TOWERS Zoning regulations, height limitations 24-156 RADIOACTIVE FALLOUT Fallout shelters, zoning regulations Accessory uses by zoning district 24-151(b)(1) RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or quantities .... 22-130(7) REAL ESTATE BROKERS Fair housing 9-16 et seq. RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES REFRIGERATORS Abandoned refrigerators, nuisance provisions 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Charitable solicitation permit regulations re Dogs and cats 18-2 4-22 RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Waterworks system Initial payment of minimum water rental 22-16 REPEAL OF ORDINANCES. See: CODE OF ORDINANCES Supp. No. 23 2142 CODE INDEX REPLICA FIREARMS Definitions Possession and use regulated RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS Section 13-8 13-9 RETIREMENT Retirement system for city employees 2-261 et seq. See: OFFICERS AND EMPLOYEES REWARDS Arsonists Reward for information leading to conviction of 7-2 RIGHTS-OF-WAY Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon any street or right-of-way 21-25(a) Building sewer installations, excavations within public right- of-way 22-111 Signs on state highway rights-of-way; permitting of 17-35 Subdivisions Design and construction standards Required improvements, clearing and grading of rights- of-way 24-257 Streets Minimum rights-of-way and paving width 24-252(h) ROOF DOWNSPOUTS Building sewers and connections Connection of downspouts 22-108 ROOF RUNOFF OF STORMWATER, ETC. Discharging into sanitary sewers 22-127 RUBBISH. See also: GARBAGE AND REFUSE Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES S SAFETY. See: PUBLIC SAFETY SAFETY ZONES AT BEACH Provisions re 5-16 et seq. See: BEACHES SAILBOATS Beaches Parking of sailboats not to obstruct lifeguard activities ... 5-6 SALES Alcoholic beverage sales 3-2 et seq. See: ALCOHOLIC BEVERAGES Supp. No. 23 2143 ATLANTIC BEACH CODE Section SALES (Cont'd.) Confiscated or lost property, disposition of Sale of property 15-16 et seq. See: POLICE DEPARTMENT Drug paraphernalia, sale of 13-5 Fair housing, discrimination in sales 9-17 et seq. See: FAIR HOUSING Noise provisions Crying or calling out sale of goods at auctions, etc 11-2 Loudspeaker equipment for advertising or sales purposes 11-8 Standing or parking vehicle for purpose of displaying it for sale 21-21 SCHOOL YARDS Definition of "public place" to include school yards 1-2 SCHOOLS Alcoholic beverage establishments, location of Noise provisions Interfering with school SECONDHAND PLUMBING FIXTURES Plumbing permits Determination of ownership of secondhand fixtures prior to issuance 3-6 11-10 6-58 SECURITY BUILDINGS Zoning regulations 24-158 SEPTIC TANKS Constructing 22-73 SERVICE STATIONS Zoning regulations 24-165 SETBACKS Mobile home parks and recreational vehicle parks Setback requirements 10-2(3) Signs and advertising structures Setback requirements 17-12 Subdivisions Design and construction standards Building setback lines 24-255(f) Zoning regulations Swimming pools, setbacks 24-164(2) SEVERABILITY OF PARTS OF CODE Provisions re 1-8 SEWERS AND SEWAGE DISPOSAL Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Supp. No. 23 2144 CODE INDEX Section SEXUAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING SHACKS Zoning regulations Temporary residence 24-82(h) SHAFTS, ABANDONED Nuisances enumerated 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES SHALL; MAY Definition SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1-2 SIGNS AND ADVERTISING STRUCTURES Blinker, beacons, flags and spotlights 17-10 Bond or public liability insurance required for certain signs 17-3 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Concealing rear of sign structure 17-16 Electricity Installation of electrical wiring, etc., by licensed electri- cians; compliance with electric code, electrical permits 17-13 Proximity to electrical conductors 17-15 Static electricity 17-14 Exemptions Certain signs exempted from certain provisions of this chapter 17-1.1 Fire and traffic hazards; interference with use of streets and sidewalks 17-4 Height above sidewalks, minimum; maximum projection 17-9 Intent 17-1 Maintenance generally; removal of damaged signs 17-7 "No Solicitation" sign, posting of 18-5 Noise interfering with schools, courts or churches Conspicuous signs to be displayed in streets, etc 11-10 Nonconforming signs 17-17 Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view; confusion with, use of words on traffic -control signs 17-5 Parks and public buildings 17-18 Permits Application 17-32 Computation of sign area 17-33 Fees 17-34 Permitting of signs on state highway rights-of-way 17-35 Supp. No. 23 2145 ATLANTIC BEACH CODE Section SIGNS AND ADVERTISING STRUCTURES (Cont'd.) Required 17-31 Permitted, signs 17-2 Prohibited signs, posters, etc., on sidewalks, utility poles, walls, trees, etc.; exception 17-8 Residential parking permit signs, posting of 21-27(d) Securing signs 17-11 Setback requirements 17-12 Zoning regulations 24-166 Posting signs on property undergoing zoning proceedings 24-47(9) SIRENS Noise provisions Use of sirens on vehicles 11-4 SITES Zoning regulations 24-103(d) See: ZONING SLEEPING Loitering, sleeping, etc., in streets, parks, etc 13-2 SMOKE DETECTORS Fire prevention and life safety Smoke detection power source 7-33 SMOKESTACKS Zoning regulations Height limitations 24-156 SOCIAL SECURITY Old -age and survivors insurance 2-241 et seq. See: OFFICERS ICERS AND EMPLOYEES SOIL Subdivisions Design and construction standards Soil and flood hazards 24-251(3) SOLICITORS, PEDDLERS, ETC. Charitable solicitations Books and records, inspection of 18-6 Definitions 18-1 Exceptions 18-8 "No Solicitation" sign, posting of 18-5 Permits Fees 18-3 Fingerprinting required 18-2 Registration required 18-2 Revocation 18-7 Prohibitions 18-4 Regulations generally 18-4 Violations and penalties 18-9 Supp. No. 23 2146 CODE INDEX Section SOLICITORS, PEDDLERS, ETC. (Cont'd.) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Playing of musical instruments for purpose of soliciting money, etc 11-5 Noise. See also that subject Crying or calling out by hawkers, taxicab drivers soliciting passengers, etc. 11-2 Noise in public places generally 11-2 SPOTLIGHTS Signs and advertising structures Use of spotlights, floodlights 17-10 SPRINKLER SYSTEMS Fire prevention and life safety Automatic fire sprinkler requirements 7-31 STABLES Maintaining 4-7 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(b)(4) STATE HIGHWAY RIGHTS-OF-WAY Permitting of signs on 17-35 STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STATIC ELECTRICITY Signs and advertising structures, provisions re static elec- tricity 17-14 STEAM SHOVELS Noise provisions Building operations at night 11-6 STOPPING OF VEHICLES Regulated 21-16 et seq. See: TRAFFIC STORAGE Abandoned, wrecked, junked, inoperative, etc., vehicles Parking, storing or leaving longer than seventy-two hours Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Garbage and refuse 16-2(b) Supp. No. 23 2147 ATLANTIC BEACH CODE Section STORAGE (Cont'd.) Towing and storage, charges for 21-51 See also: WRECKER SERVICE Zoning regulations Accessory uses and structures Storage/tool sheds 24-151(b)(1) Storage and parking of vehicles and equipment in residen- tial districts 24-163 STORM DRAINAGE. See: DRAINAGE STORMWATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Zoning regulations Planned unit development (PUD) Design and construction of storm sewer facilities 24-136(d) STORMWATER MANAGEMENT Billing 22-310 Collection 22-310 Comprehensive plan re 22-304 Customer base 22-308 Definitions 22-303 Directors 22-306 Enterprise fund 22-309 Findings of fact 22-302 Powers and duties 22-307 Rates and charges Appeal process 22-337 Definitions 22-333 Enforcement 22-336 Fee schedule 22-335 Findings of fact 22-332 Short title 22-331 Utility fee category 22-334 Violations and penalties 22-336 Short title 22-301 Utility established 22-305 STREAMS. See: WATERCOURSES, WATERWAYS STREET ADDRESSES Fire prevention and life safety Street address identification 7-37 Numbering of buildings, mobile homes, etc. Mobile home parks and recreational vehicle parks Requirements for 10-2(7) Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS Supp. No. 23 2148 CODE INDEX Section STREET ADDRESSES (Cont'd.) Subdivisions Design and construction standards Street names and house numbers 24-252(j) STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25 Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc 22-111 Closing of streets for various events 19-3 Community development board 14-16 et seq. See: PLANNING Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed, muzzled, etc. 4-25 Dogs or cats running at large on public streets 4-24 Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(a)(2) Digging up streets prohibited; exception as to public util- ities; etc. 19-2 Stopping, standing or parking vehicles alongside or oppo- site any street excavation 21-17(7) Garbage, trash, etc. Depositing on streets, etc. 16-7 Loitering, obstructions, etc., in public places 13-2 Minors on streets and in public places 13-151 et seq. See: MINORS Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Noises. See also that subject Creating excessive noise on streets adjacent to schools, churches, etc 11-10 Loudspeakers, use of in public places 11-8 Noises in public places generally 11-2 Playing a musical instrument in public places 11-5 Use of noise -producing instruments outdoors on own pre- mises Facing upon public or private streets 11-3 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Supp. No. 23 2149 ATLANTIC BEACH CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Discharging water from water -source heat pumps onto public streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets12-1(b)(2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or oppo- site street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1 5 Public place defined 1-2 Signs and advertising structures Interference with use of streets and sidewalks 17-4 Maximum height above sidewalks 17-9 Obstructing vision or view at street intersection 17-5 Signs, posters, etc., prohibited on streets and sidewalks 17-8 Special events 19-4 Closing of streets for various events 19-3 Stopping, standing or parking vehicle alongside or opposite street excavation 21-17(6) Stopping, standing or parking vehicle on sidewalks 21-17(1) Subdivisions Design and construction standards 24-252 Vacating Certain ordinances saved from repeal1 5 � u Waterworks system Extensions of water mains in existing streets 22-38 Zoning regulations Planned unit development (PUD) Street design 24-136(e) SUBDIVISIONS Adoption; authority 24-1 Amendments 24-4 Application procedure Completion of improvements prior to recording of plat24-232 Concept plan; submittals and review process Fees 24-203(c) Required submittals 24-203(a) Review process 24-203(b) Time limit 24-203(d) Construction plans, specifications and permits Certification of permanent reference marker location 24-206(e) City commission action 24-206(d) Intent 24-206(a) Supp. No. 23 2150 CODE INDEX Section SUBDIVISIONS (Cont'd.) Issuance of construction permit 24-206(f) Required submittals 24-206(b) Sewer and water commitment 24-206(c) Term of construction permit and revocation 24-206(g) Unlawful to construct without construction permit 24-206(h) Final plat; submittals and review process Fees 24-205(c) Required submittals 24-205(a) Review process 24-205(b) Flood hazard reduction standards 8-34 General requirements 24-201 Permits. See within this subheading: Construction Plans, Specifications and Permits Plat review procedure 24-202 Preliminary plat; submittals and review process Construction plan and specification review 24-204(e) Fees 24-204(c) Required submittals 24-204(a) Review process 24-204(b) Time limit 24-204(d) Vacation of plats 24-189 Blocks Design and construction standards 24-254 Building setback lines Design and construction standards, lots 24-255(0 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board, duties re subdividing land. 14-20 Construction Commencement of construction 24-231 Design and construction standards. See herein that sub- ject Final plat Construction plans and specifications 24-205(a)(1) Preliminary plat Construction plan 24-204(e) Construction plans Application procedure. See herein that subject Definitions 24-17 Design and construction standards Blocks 24-254 Conformity to city policies 24-251(1) Construction plans and specifications, general 24-251(5) Easements Drainage, watercourses 24-253(b) Other drainage easements 24-253(c) No city expense 24-253(e) Pedestrian and service easements 24-253(d) Utilities 24-253(a) Supp. No. 23 2151 ATLANTIC BEACH CODE Section SUBDIVISIONS (Cont'd.) General construction methods 24-251(4) General requirements 24-251 Lots Building setback lines 24-255(f) Corner residential lots 24-255(c) Dimensions 24-255(b) Double frontage lots 24-255(e) Generally 24-255(a) Street access 24-255(d) Natural features, use of 24-251(2) Required improvements Clearing and grading of rights-of-way 24-257 Monuments 24-256 Sewer and water 24-258 Soil and flood hazards 24-251(3) Streets Access to paved public streets required 24-252(c) Arrangements of streets 24-252(b) Concept and principles 24-252(a) Dead-end streets 24-252(i) Intersections of right angles 24-252(f) Minimum right-of-way and paving widths 24-252(h) Property lines rounded at intersections 24-252(g) Reserve strips prohibited 24-252(d) Street jogs 24-252(e) Street names and house numbers 24-252(j) Drainage and water management facilities Required improvements 24-221 Drainage, watercourses Design and construction standards, easements 24-253 Easements Design and construction standards 24-253 Electricity, telephone, gas, other utilities Required improvements 24-221 Final plats Application procedure. See herein that subject Flood hazards Design and construction standards 24-251(3) Improvements Assurance for completion and maintenance of improve- ments Commencement of construction 24-231 Inspections 24-234 Issuance of certificate of completion 24-235 Maintenance security 24-233 Performance security 24-232 Required improvements Design and construction standards Clearing and grading of rights-of-way 24-257 Supp. No. 23 2152 CODE INDEX Section SUBDIVISIONS (Cont'd.) Monuments 24-256 Sewer and water 24-258 Planned unit developments (PUDs) 24-222 Jurisdiction 24-3 Language and definitions Construction of language 24-16 Definitions 24-17 Lots Design and construction standards 24-255 Requirement improvements, monuments Lot corners 24-256(d) Monuments Required improvements 24-256 Natural features, use of Design and construction standards 24-251(2) Off-street parking. See herein: Parking Parking Commercial, industrial off-street parking Design and construction standards Provisions re lots 24-255(b) Parks and recreation Required improvements 24-221 Pedestrian and service easements Design and construction standards 24-253(d) Performance security Assurance for completion and maintenance of improve- ments 24-232 Permits Construction plans, specifications and permits 24-206 Planned unit development (PUDs) Required improvements 24-222 Plats Application procedures. See herein that subject Vacation of plats 24-189 Preliminary plats Application procedure. See herein that subject Purpose and intent 24-2, 24-186 Resubdivision of land 24-188 Rights-of-way, clearing and grading of Required improvements 24-257 Septic tanks Design and construction standards, provisions re lots 24-255(b) Setbacks Building setback lines Design and construction standards, lots 24-255(f) Sewer system, sanitary Required improvements 24-258 Sewerage system, sanitary Required improvements 24-221 Supp. No. 23 2153 ATLANTIC BEACH CODE Section SUBDIVISIONS (Cont'd.) Sewers Construction plans, specifications and permits Sewer and water commitment 24-206(c) Soil and flood hazards Design and construction standards 24-251(3) Street signs, traffic signs, etc. Required improvements 24-221 Streets Design and construction standards. See also herein that subject Construction plans and specifications, generally 24-251(5) Generally 24-252 Lots, street access 24-255(d) Required improvements 24-221 Traffic signs and signals Required improvements 24-221 Utilities Construction plans, specifications and permits Sewer and water commitment 24-206(c) Easements Design and construction standards 24-253 Required improvements 24-221 Vacation of plats 24-189 Waiver 24-187 Water, water system, etc. Application for water service in new subdivisions 22-37 Construction plans, specifications and permits Sewer and water commitment 24-206(c) Required improvements Water system 24-258 Water system, water management facilities 24-221 Wells Design and construction standards Lots, provisions re septic tanks or wells 24-255(b) Zoning regulations 24-31 et seq. See: ZONING SUBPOENAS Code enforcement board's power to subpoena witnesses, records, etc. 2-148 SUPPLEMENTATION OF CODE Revisions re 1-10 SURETY BOND. See: BOND, SURETY SURFACE WATER. See: DRAINAGE SURFBOARDS Beaches, provisions re using or riding surfboards 5-5 Supp. No. 23 2154 CODE INDEX Section SURVEYS Community development board Special survey work of city manager 14-20(10) Code enforcement board's power to subpoena surveys, plats, etc. 2-148 SWIMMING Beach regulations 5-1 et seq. See: BEACHES SWIMMING POOL CODE Adoption 6-91 SWIMMING POOLS Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enclosed or roofed pools to comply with building code and zoning regulations 6-92 Water shortages Filling swimming pools 22-39(e)(3) Zoning regulations Accessory uses by zoning districts 24-151(b)(1) Supplementary regulations 24-164 SYNDICATES Definition of "person" to include syndicates 1-2 T TAXATION Additional homestead exemption Annual adjustment to household income 20-83 Annual filing of household income statement 20-84 Authorized 20-82 Definitions 20-81 Exercise of municipal powers 20-80 Certain ordinances saved from repeal 1-5 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Homestead exemption. See herein: Additional Homestead Exemption Insurance premium taxes Casualty risks 20-76 Payment date 20-78 Property insurance 20-77 Occupational license tax Business falling under more than one classification 20-55 Compliance by licensees 20-56 Definitions 20-51 Due date and delinquencies; penalties 20-54 Exemptions 20-58 Half-year licenses 20-53 Supp. No. 23 2154.1 ATLANTIC BEACH CODE Section TAXATION (Cont'd.) Inspections 20-52.1 Levy 20-52 Operating at more than one location 20-55 Schedule of fees 20-59 Transfer 20-57 Public service tax Duty of seller to collect tax and pay same to city 20-17 Exemption of governmental agencies and churches 20-19 Failure of seller to collect tax 20-17 Imposed, amount 20-16 Nonpayment of tax Authority of seller to discontinue service 20-17 Payment to be made to seller 20-16 Records to be kept by seller 20-18 Inspection of records by city agents 20-18 Telephone service Duty of seller to collect 20-33 Exemptions 20-32 Levy; when payable 20-31 Monthly payments; computation of tax 20-36 Records to be kept by seller 20-34 Inspector, transcripts 20-34 Telephone calls, limitation as to 20-35 Utility services to which applicable 20-16 When purchase deemed made within city 20-20 Telephone service. See herein: Public Service Tax TAXICABS Noise in public places generally 11-2 Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TELEPHONE OR TELEGRAPH POLES Signs, posters, etc., prohibited on 17-8 TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TELEVISION AND RADIO ANTENNAS Zoning regulations Accessory uses by zoning district 24-151(b)(1) TENANTS Definition of "owner" to include tenants 1-2 TENNIS COURTS Water shortages Washing of tennis courts Zoning regulations Accessory uses by zoning district Supp. No. 23 2154.2 22-39(e) 24-151(b)(1) CODE INDEX TENSE Defined Section 1-2 TENTS Zoning regulations Temporary residence 24-82(h) THEATERS Dogs in theaters to be muzzled, leashed, etc. 4-25 TIME, COMPUTATION OF Defined 1-2 TITLE LOANS Definitions 21-60 Maximum interest rate 21-62 Motor vehicle title loan transactions 21-61 Title loan lending license 21-64 Transaction satisfaction and default 21-63 Transition period for regulations, restrictions and licensure provisions 21-66 Violations and penalties 21-65 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 TOWERS Zoning regulations Height limitations 24-156(b) TOWING SERVICE. See: WRECKER SERVICE TOXIC SOLIDS, LIQUIDS OR GASES Public sewers, use of Limitations on discharge concentrations or quantities Prohibited discharges 22-130(5) 22-129 TRAFFIC Abandoned, wrecked, etc., vehicles Stopping, standing and parking. See herein that subject Adoption of Florida Uniform Traffic Control Law 21-1 Beaches Barricades preventing entry of vehicles and other traffic . 5-18 Certain ordinances saved from repeal 1-5 Crosswalks Abandoned, wrecked, junked, etc., vehicles left unattended on crosswalks 21-25 Stopping, standing or parking vehicles on or within cross- walks 21-17(5), (6) Driveways Abandoned, wrecked, junked, etc., vehicles left unattended in front of driveways 21-25 Stopping, standing or parking in front of driveways 21-17(2) Supp. No. 23 2154.3 ATLANTIC BEACH CODE Section TRAFFIC (Cont'd.) Fire hydrants Abandoned, wrecked, junked, etc., vehicles left unattended within fifteen feet of hydrants 21-25 Stopping, standing or parking within fifteen feet of hy- drants 21-17(4) Florida Uniform Traffic Control Law Adoption of 21-1 Intersections Abandoned, wrecked, junked, etc., vehicles left unattended within intersections 21-25 Signs and advertising structures obstructing vision or view 17-5 Stopping, standing or parking within twenty feet of cross- walks at intersections 21-17(6) Stopping, standing or parking within twenty feet of inter- sections 21-17(3) Supp. No. 23 2154.4