AB Code Supplement 28SUPPLEMENT NO. 28
January 2004
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 95-03-85, adopted October 13, 2003.
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)
165-168 165-168
304.1-307 305-311
523-526 523-526.1
533-535 533-535
791-793 791-795
839, 840 839, 840
891-893 891, 892
1001-1006 1001-1006.1
1011, 1012 1011, 1012
1109 1109
1162.1-1179 1163-1180
1275-1284.5 1275-1284.6
1295-1298.2 1295-1298.3
1359-1364 1359-1365
2001, 2002 2001, 2002
2055 2055
2103, 2104 2103, 2104
2111, 2112 2111, 2112
2137, 2138 2137, 2138
2141-2144 2141-2144.1
2149, 2150 2149-2150.1
INSTRUCTION SHEET—Cont'd.
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1 -800 -262 -CODE
Website: www.municode.com
TABLE OF CONTENTS
Page
Officials of the City at Time of Codification iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
PART I
CHARTER
Charter 1
Art. I. Incorporation; Forni 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 161
Art. IV. Departments 161
Div. 1. Generally 161
Div. 2. Police Department 162
Div. 3. Fire Department 163
Supp. No. 28 ix
ATLANTIC BEACH CODE
Chapter Page
Div. 4. Department of Finance 163
Div. 5. Department of Public Works 165
Div. 6. Department of Public Utilities 166
Art. V. Boards and Commissions 166
Div. 1. Generally 166
Div. 2. Code Enforcement Board 166
Div. 3. Nuisance Control Board 170
Art. VI. Employee Benefits 172
Div. 1. Generally 172
Div. 2. Old -Age and Survivors Insurance 172
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 307
5. Beaches and Parks 353
Art. I. In General 353
Art. II. Beach Safety Zone 355
Art. III. Public Parks 355
6. Buildings and Building Regulations 407
Art. I. In General 407
Art. II. Building Code 407
Art. III. Electrical Code 410
Art. IV. Plumbing Code 414
Art. V. Mechanical Code 416
Art. VI. Reserved 418
Art. VII. Numbering of Buildings 419
Art. VIII. Housing Code 421
Art. IX. Reserved 422
Art. X. Amusement Device Code 425
7. Fire Prevention and Protection
Art. I. In General
Art. II. Fire Prevention and Life Safety
8. Flood Hazard Areas
Art. I. In General
Art. II. Administration
Art. III. Flood Hazard Reduction Standards
9. Human Relations
Art. I. In General
Supp. No. 28
469
469
469
521
521
526.1
530
577
577
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. II. Fair Housing 577
10. Mobile Homes and Recreational Vehicles 631
11. Noise 683
12. Nuisances 735
13. Offenses 787
Art. I. In General 787
Art. II. Minors on Streets and in Public Places 793
14. Planning/Zoning/Appeals 839
Art. I. In General 839
Art. II. Community Development Board 839
15. Police 891
Art. I. In General 891
Art. II. Disposition of Confiscated or Lost Property891
16. Solid Waste and Recycling 943
17. Signs and Advertising Structures 995
Art. I. In General 995
Art. II. Signs Permitted 999
Art. III. Cause for Removal of Signs, Abandoned Signs
and Prohibited Signs 1008
Art. IV. Nonconforming Signs and Waiver to Certain
Provisions 1009
Art. V. Sign Permits 1011
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 1178
Art. V. Additional Homestead Exemption 1179
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
Art. I. In General
Art. II. Waterworks System
Supp. No. 28
xi
1275
1275
1277
ATLANTIC BEACH CODE
Chapter Page
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 1295
Div. 8. Sewer System Extensions 1299
Art. IV. Stormwater Management 1301
Div. 1. Generally 1301
Div. 2. Rates and Charges 1305
23. Vegetation 1351
Art. I. In General 1351
Art. II. Tree Protection 1351
Art. III. Accumulation of Weeds 1362
Art. IV. Historic Tree Preservation 1363
24. Zoning, Subdivision and Land Development Regulations1403
Art. I. In General 1404
Art. II. Language and Definitions 1405
Art. III. Zoning Regulations 1425
Div. 1. Generally 1425
Div. 2. Administration 1425
Div. 3. Application Procedures 1430
Div. 4. General Provisions and Exceptions 1438.2
Div. 5. Establishment of Districts 1445
Div. 6. Planned Unit Development (PUD) 1465
Div. 7. Supplementary Regulations 1473
Div, 8. Landscaping 1486.2
Art. IV. Subdivision Regulations 1493
Div. 1. Generally 1493
Div. 2. Application Procedure 1497
Div. 3. Required Improvements 1504
Div. 4. Assurance for Completion and Maintenance
of Improvements 1505
Div. 5. Design and Construction Standards 1508
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. 28 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 157, 158 25
iii 25 159, 160 27
v, vi OC 161, 162 27
vii, viii 1 163, 164 25
ix, x 28 165, 166 28
xi, xii 28 167, 168 28
1, 2 19 169, 170 18
3, 4 14 171, 172 27
5, 6 14 172.1 27
7, 8 14 173, 174 23
9, 10 14 175, 176 23
11, 12 14 177, 178 23
13, 14 14 179, 180 23
15, 16 14 181, 182 23
17, 18 14 183, 184 25
19, 20 14 184.1 25
21, 22 14 185, 186 23
79 5, Add. 187, 188 23
91 19 188.1, 188.2 23
103, 104 OC 188.3, 188.4 23
105, 106 OC 188.5, 188.6 23
107, 108 13 188.7, 188.8 23
155, 156 26 188.9, 188.10 23
156.1 26 188.11, 188.12 23
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ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
188.13, 188.14 23 529, 530 6
188.15, 188.16 25 531, 532 6
188.16.1 25 533, 534 28
188.17, 188.18 23 535 28
188.19, 188.20 23 577, 578 OC
188.21, 188.22 23 579, 580 OC
188.23, 188.24 23 581 OC
188.25, 188.26 23 631, 632 OC
189, 190 27 683, 684 24
191, 192 22 685 24
192.1, 192.2 22 735, 736 27
192.3 22 737, 738 27
193, 194 25 787, 788 8
195, 196 26 789, 790 8
245, 246 26 791, 792 28
247, 248 16 793, 794 28
299, 300 18 795 28
301, 302 22 839, 840 28
303, 304 22 841, 842 5
305, 306 28 843 5
307, 308 28 891, 892 28
309, 310 28 943, 944 16
311 28 945, 946 16
353, 354 27 947, 948 20
355, 356 27 949 20
407, 408 27 995, 996 26
409, 410 27 997, 998 26
411, 112 27 999, 1000 20
413, 414 27 1001, 1002 28
415, 416 27 1003, 1004 28
417, 418 27 1005, 1006 28
419, 420 27 1006.1 28
421, 422 27 1007, 1008 26
469, 470 20 1009, 1010 27
471, 472 20 1011, 1012 28
473, 474 20 1055, 1056 15
475, 476 20 1057, 1058 15
477, 478 21 1059 15
479, 480 20 1107, 1108 27
521, 522 6 1109 28
523, 524 28 1157, 1158 23
525, 526 28 1159, 1160 2
526.1 28 1161, 1162 21
527, 528 6 1163, 1164 28
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CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1165, 1166 28 1353, 1354 17
1167, 1168 28 1355, 1356 17
1169, 1170 28 1357, 1358 24
1171, 1172 28 1359, 1360 28
1173, 1174 28 1361, 1362 28
1175, 1176 28 1363, 1364 28
1177, 1178 28 1365 28
1179, 1180 28 1403, 1404 27
1221, 1222 21 1405, 1406 25
1223, 1224 23 1407, 1408 25
1225, 1226 23 1409, 1410 25
1226.1 23 1411, 1412 25
1227, 1228 12 1413, 1414 25
1229, 1230 12 1415, 1416 25
1231, 1232 25 1417, 1418 25
1233, 1234 25 1419, 1420 25
1235, 1236 21 1421, 1422 25
1237, 1238 21 1423, 1424 25
1239, 1240 21 1425, 1426 25
1275, 1276 28 1427, 1428 25
1277, 1278 28 1429, 1430 25
1279, 1280 28 1431, 1432 25
1281, 1282 28 1433, 1434 25
1283, 1284 28 1435, 1436 26
1284.1, 1284.2 28 1437, 1438 27
1284.3, 1284.4 28 1438.1, 1438.2 27
1284.5, 1284.6 28 1438.3 27
1285, 1286 OC 1439, 1440 25
1286.1, 1286.2 23 1441, 1442 25
1287 23 1443, 1444 25
1288.1 16 1445, 1446 25
1289, 1290 OC 1447, 1448 25
1291, 1292 OC 1449, 1450 25
1293, 1294 OC 1451, 1452 25
1295, 1296 28 1453, 1454 25
1297, 1298 28 1455, 1456 25
1298.1, 1298.2 28 1457, 1458 25
1298.3 28 1459, 1460 25
1299, 1300 OC 1461, 1462 25
1301, 1302 11 1463, 1464 25
1303, 1304 11 1465, 1466 25
1305, 1306 11 1467, 1468 25
1307, 1308 26 1469, 1470 25
1351, 1352 27 1471, 1472 25
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Page No. Supp. No. Page No. Supp. No.
1473, 1474 25 2109, 2110 27
1475, 1476 25 2111, 2112 28
1477, 1478 25 2113, 2114 27
1479, 1480 25 2115, 2116 27
1481, 1482 26 2117, 2118 27
1483, 1484 25 2119, 2120 27
1485, 1486 27 2121, 2122 27
1486.1, 1486.2 27 2123, 2124 27
1487, 1488 25 2125, 2126 27
1489, 1490 25 2127, 2128 27
1491, 1492 25 2129, 2130 27
1493, 1494 27 2131, 2132 27
1495, 1496 27 2133, 2134 27
1497, 1498 27 2135, 2136 27
1499, 1500 27 2137, 2138 28
1501, 1502 27 2139, 2140 27
1503, 1504 27 2141, 2142 28
1505, 1506 27 2143, 2144 28
1507, 1508 27 2144.1 28
1509, 1510 27 2145, 2146 27
1511, 1512 27 2147, 2148 27
1513, 1514 27 2149, 2150 28
1515 27 2150.1 28
1983, 1984 OC 2151, 2152 27
1985 OC 2153, 2154 27
1987, 1988 OC 2155, 2156 27
1989, 1990 OC 2157 27
1991, 1992 2 2159, 2160 27
1993, 1994 6 2161, 2162 27
1995, 1996 13 2163, 2164 27
1997, 1998 18 2165, 2166 27
1999, 2000 24
2001, 2002 28
2043 OC
2053, 2054 27
2055 28
2081, 2082 14
2083, 2084 14
2085, 2086 14
2087, 2088 14
2101, 2102 27
2103, 2104 28
2105, 2106 27
2107, 2108 27
Supp. No. 28 [4]
ADMINISTRATION § 2-83
separate account of each fund or appropriation, and debits and credits thereto belonging, and
in general an accurate accounting of all monies received, from whom received, and to whom
disbursed, into what account received and disbursed. The accounting shall be consistent with
the uniform accounting system, local units of government, state, and generally accepted
accounting principles and practices.
(Ord. No. 5-81-7, § 4, 1-11-82)
DIVISION 5. DEPARTMENT OF PUBLIC WORKS
Sec. 2-79. Created.
There is hereby created and established a department of public works. The department
shall be an administrative department of the city responsible to the city manager.
(Ord. No. 5-86-14, § 1, 1-27-86)
Sec. 2-80. Director of public works/city engineer—Appointment, compensation.
The director of public works/city engineer shall be the head of the department of public
works and his appointment or removal shall be authorized by the city manager. The director
of public works/city engineer shall receive such compensation as determined by the city
commission.
(Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01)
Sec. 2-81. Same—Duties.
The director of public works/city engineer, under the direction of the city manager, shall be
responsible for the supervision of the maintenance of streets, sanitation, drainage facilities,
stormwater and fleet maintenance.
(Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01)
Sec. 2-82. Reserved.
Editor's note—Ord. No. 5-01-35, § 1, adopted June 11, 2001, deleted former § 2-82, which
pertained to divisions; appointment, compensation of chiefs, and derived from Ord. No.
5-86-14, § 1, adopted January 27, 1986.
Sec. 2-83. Other duties.
The department shall perforin such other duties as may be assigned by the city manager
and the director of the department shall be responsible for keeping the city manager informed
of the activities of the department.
(Ord. No. 5-86-14, § 1, 1-27-86)
Supp. No. 28 165
§ 2-84
ATLANTIC BEACH CODE
DIVISION 6. DEPARTMENT OF PUBLIC UTILITIES
Sec. 2-84. Created.
There is hereby created and established a department of public utilities. The department
shall be an administrative department of the city responsible to the city manager.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-85. Utility director—Appointment, compensation.
The utility director shall be the head of the department of public utilities and his
appointment or removal shall be authorized by the city manager. The utility director shall
receive such compensation as determined by the city commission.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-86. Same—Duties.
The utility director, under the direction of the city manager, shall be responsible for the
supervision of the maintenance of water, sewer and reclaimed water facilities including
production, treatment and conveyance systems.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-87. Other duties.
The department shall perform such other duties as may be assigned by the city manager
and the director of the department shall be responsible for keeping the city manager informed
of the activities of the department.
(Ord. No. 5-01-35, § 2, 6-11-01)
Secs. 2-88-2-130. Reserved.
ARTICLE V. BOARDS AND COMMISSIONS*
DIVISION 1. GENERALLY
Secs. 2-131-2-140. Reserved.
DIVISION 2. CODE ENFORCEMENT BOARDt
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall consist of seven
(7) members to be appointed by the mayor and approved by the city commission. All members
of the board shall be residents of the city and shall serve without compensation. Members may
serve a maximum of three (3) consecutive terms.
*Cross references—Board of trustees for retirement system, § 2-264 et seq.; community
development hoard, § 14-16 et seq.
i State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162.
Supp. No. 28
166
ADMINISTRATION § 2-143
(b) The membership of the code enforcement board shall, whenever possible, include
persons in the following fields:
(1) Architect;
(2) A businessman;
(3) An engineer;
(4) A general contractor;
(5) A realtor;
(6) A subcontractor;
(7) A person with zoning and building experience.
(c) The initial appointments to the code enforcement board shall be as follows:
(1) Two (2) members shall be appointed for a term of one (1) year.
(2) Three (3) members shall be appointed for a term of two (2) years.
(3) Two (2) members shall be appointed for a term of three (3) years.
Thereafter, each term shall be for a period of three (3) years.
(d) Any member may be reappointed from term to term upon approval of the city
commission.
(Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-03-42, § 1, 7-14-03)
State law reference—Similar provisions, F.S. § 162.05.
Sec. 2-142. Removal; filling vacancies.
Members of the code enforcement board may be removed from office by the city commission
for cause upon written charges and after public hearing. Any member who fails to attend three
(3) consecutive meetings without cause shall have his office declared vacant unless the
member's absence is excused by a majority of the board members, and the city commission
shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and
approval of the city commission for the unexpired terms affected.
(Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-03-42, § 1, 7-14-03)
State law reference—Similar provisions, F.S. § 162.05.
Sec. 2-143. Meetings; election of officers; quorum.
(a) At the first meeting of the code enforcement board, the members of the board shall elect
a chairman and a vice-chairman to preside in the absence of the chairman. The presence of
four (4) or more members shall constitute a quorum necessary to take action. Meetings of the
board shall occur no less frequently than once every two (2) months, but the board may meet
more often as necessary.
Supp. No. 28 167
§ 2-143
ATLANTIC BEACH CODE
(b) Special meetings of the board may be convened by the chairman upon the giving of
notice thereof to each other member of the board. Unless waived by a majority of the board,
notice of a special meeting shall be given at least twenty-four (24) hours prior thereto.
(Ord. No. 95-80-21, § 2, 12-8-80)
State law reference—Similar provisions, F.S. § 162.07.
Sec. 2-144. Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the code enforcement board, and all
hearings shall be open to the public. The city commission shall provide clerical and
administrative personnel as may be reasonably required by the board for the proper
performance of its duties.
(Ord. No. 95-80-21, § 2, 12-8-80)
State law reference—Similar provisions, F.S. § 162.07.
Supp. No. 28 168
ANIMALS § 4-11
and the owner may file a written request for a hearing in the county court to appeal the
classification within ten (10) business clays after receipt of a written determination of
dangerous dog classification and must confine the dog in a securely fenced or enclosed
area pending a resolution of the appeal. Each applicable local governing authority
must establish appeal procedures that conform to this paragraph. •
(2) Within fourteen (14) days after the dog has been classified as dangerous by the animal
control authority or a dangerous dog classification is upheld by the county court on appeal, the
owner of the dog must obtain a certificate of registration for the dog from the animal control
authority serving the area in which he or she resides, and the certificate shall be renewed
annually. The annual cost for such certificate of registration shall be one hundred dollars
($100.00). Animal control authorities are authorized to issue such certificates of registration,
and renewals thereof, only to persons who are at least eighteen (18) years of age and who
present to the animal control authority sufficient evidence of:
(a) A current certificate of rabies vaccination for the dog.
(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults
of the presence of a dangerous dog on the property.
(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic
implantation.
(d) Liability insurance in the amount of at least on one hundred thousand dollars
($100,000.00), together with a surety bond on said dog of at least one hundred
thousand dollars ($100,000.00).
The appropriate governmental unit may impose an annual fee for the issuance of
certificates of registration required by this section.
(3) The owner shall immediately notify the appropriate animal control authority when a
dog that has been classified as dangerous:
(a) Is loose or unconfined.
(b) Has bitten a human being or attacked another animal.
(c) Is sold, given away, or dies.
(d) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to the animal control authority. The new
owner must comply with all of the requirements of this act and implementing local ordinances,
even if the animal is moved from one local jurisdiction to another within the state. The animal
control officer must be notified by the owner of a dog classified as dangerous that the dog is in
his or her jurisdiction.
Supp. No. 28 305
§ 4-11
ATLANTIC BEACH CODE
(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restrained by a substantial chain or leash and uncler
control of a competent person. The muzzle must be made in a manner that will not cause injury
to the dog or interfere with its vision or respiration but will prevent it from biting any person
or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not
have a top, without a muzzle or leash, if the dog remains within his or her sight and only
members of the immediate household or persons eighteen (18) years of age or older are allowed
in the enclosure when the dog is present. When being transported, such dogs must be safely
and securely restrained within a vehicle.
(5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt
or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience
trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt
from the provisions of this act when engaged in any legal procedures. However, such dogs at
all other times in all other respects shall be subject to this and local laws. Dogs that have been
classified as dangerous shall not be used for hunting purposes.
(6) This section does not apply to dogs used by law enforcement officials for law enforce-
ment work.
(7) Any person who violates any provision of this section is guilty of a noncriminal
infraction, punishable by a fine not exceeding five hundred dollars ($500.00).
(Ord. No. 95-99-70, § 1, 6-28-99; Ord. No. 95-03-85, §§ 1, 2, 10-13-03)
Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction.
(1) If a dog that has previously been declared dangerous attacks or bites a person or a
domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree,
punishable as provided in F.S. §§ 775.082 or 775.083. In addition, the dangerous dog shall be
immediately confiscated by an animal control authority, placed in quarantine, if necessary, for
the proper length of time, or impounded and held for ten (10) business days after the owner is
given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and
humane manner. This 10 -day time period shall allow the owner to request a hearing under F.S.
§ 767.12. The owner shall be responsible for payment of all boarding costs and other fees as
may be required to humanely and safely keep the animal during any appeal procedure.
(2) If a dog that has not been declared dangerous attacks and causes severe injury to or
death of any human, the dog shall be immediately confiscated by an animal control authority,
placed in quarantine, if necessary, for the proper length of time or held for ten (10) business
days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed
in an expeditious and humane manner. This ten-day period shall allow the owner to request
a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs
and other fees as may be required to humanely and safely keep the animal during any appeal
procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous
Supp. No. 28 306
ANIMALS § 4-21
propensities, yet demonstrated a reckless disregard for such propensities under the circum-
stances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as
provided in F.S. §§ 775.082 or 775.083.
(3) If a dog that has previously been declared dangerous attacks and causes severe injury
to or death of any human, the owner is guilty of a felony of the third degree, punishable as
provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately
confiscated by an animal control authority, placed in quarantine, if necessary, for the proper
length of time or held for ten (10) business days after the owner is given written notification
under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This
ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner
shall be responsible for payment of all boarding costs and other fees as may be required to
humanely and safely keep the animal during any appeal procedure.
(4) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be
held and may not be destroyed while the appeal is pending.
(5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal
activity at the time of the attack, the owner is not guilty of any crime specified under this
section.
(Ord. No. 95-99-70, § 1, 6-28-99)
Sec. 4-13. Bite by a police or service dog; exemption from quarantine.
Any dog that is owned, or the service of which is employed, by a law enforcement agency, or
any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that
bites another animal or human is exempt from any quarantine requirement following such bite
if the dog has a current rabies vaccination that was administered by a licensed veterinarian.
(Ord. No. 95-99-70, § 1, 6-28-99)
Secs. 4-14---4-20. Reserved.
ARTICLE II. DOGS AND CATS*
Sec. 4-21. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Cat shall mean all domestic felines.
Dog shall mean all members of the canine family including pet foxes, wolves, etc.
Owner shall mean any person having a right of property in a dog or cat, or who keeps or
harbors a dog or• cat, or who has it in care or in custody. Any person who feeds, maintains,
"State law references—Right to be accompanied by dog guides in public accommodations,
F.S. § 413.08; damage by dogs, F.S. Ch. 767.
Supp. No. 28 307
§ 4-21
ATLANTIC BEACH CODE
keeps, or assists in the welfare of an animal which is considered to be a stray or feral animal,
accepts the role as the animal's owner. As such, the person is responsible for compliance with
all local and state laws. The only exception to this is registered organizations who offer
temporary care for stray animals.
1Taccination against rabies shall mean the proper administration of antirabies inoculation or
vaccination by a veterinarian licensed by the state board of veterinary medicine.
(Code 1970, § 4-2; Ord. No. 95-98-69, § 1, 10-26-98)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 4-22. Reserved.
Editor's note—Ord. No. 95-03-85, § 3, adopted October 13, 2003, repealed former § 4-22,
which pertained to registration and tagging required, and derived from § 4-3 of the 1970 Code,
Ord. No. 95-86-30, § 1, adopted July 28, 1986, Ord. No. 95-88-33, § 2, adopted April 25, 1988,
and Ord. No. 95-98-69, § 1, adopted October 26, 1998.
Sec. 4-23. Impoundment for unregistered dogs and cats.
Any unregistered dog or cat found in the city shall be picked up by the city or the designated
authorized agent of the city and placed in a shelter for a period of not less than three (3) days
nor more than seven (7) days, except the animal may be released sooner upon identification
and compliance with the registration requirements contained herein, and upon the payment of
a thirty dollar ($30.00) fee plus an additional seven dollars ($7.00) per clay for the redemption
of said animal. In the event any animal has to be tranquilized with chemical capture
equipment, then the redemption fee shall be one hundred dollars ($100.00). The registration
fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on
the day the dog or cat is picked up.
(Code 1970, § 4-4(a); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-88-33, § 3, 4-25-88; Ord. No.
95-92-51, § 1, 2-10-92; Ord. No. 95-98-69, § 1, 10-26-98; Ord. No. 95-03-85, § 1, 10-13-03)
Sec. 4-24. Running at large.
It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to
commit a nuisance or to be found running at large on any of the public streets, parks,
playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up
by the city or the designated authorized agent of the city and placed in a shelter for a period
of not less than three (3) days nor more than seven (7) days, except the animal may be released
sooner upon proper identification and compliance with the registration requirements con-
tained herein, and upon the payment of a thirty dollar (830.00) fee plus additional seven
dollars ($7.00) per day for the redemption of said animal. In the event any animal has to be
tranquilized with chemical capture equipment, then the redemption fee shall be one hundred
dollars ($100.00). If a dangerous clog is impounded for running at large, then the redemption
fee shall be one hundred fifty dollars (5150.00), with an additional one hundred dollar
Supp. No. 28 308
ANIMALS § 4-27
($100.00) fee if the dangerous dog has to be tranquilized with chemical capture equipment. The
registration fee for unregistered dogs or cats that have been picked up shall be double the fee
in effect on the day the dog or cat is picked up.
(Code 1970, § 4-4(b); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-92-51, § 1, 2-10-92; Ord. No.
95-98-69, § 1, 10-26-98; Ord. No. 95-03-85, § 1, 10-13-03)
Sec. 4-25. Leashing.
No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable
leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be
attached to a fixed object or specifically held by a person capable of controlling the animal. On
Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed
to swim unleashed and then immediately put back on the leash before returning to the beach.
This does not include walking the dog in the water.
(Code 1970, § 4-4(c); Ord. No. 95-88-33, § 4, 4-25-88; Ord. No. 95-98-69, § 1, 10-26-98)
Sec. 4-26. Damaging property.
(a) It shall be unlawful for any person who shall own or be in control or in charge of any dog
or cat, to allow or permit the dog or cat to wander or stray upon the property of another and
damage the property.
(b) If any dog or cat shall wander or stray upon the property of any person within the
corporate limits of the city and shall cause damage thereon, proof of the damage and the
identity of the dog or cat shall be sufficient to convict the person owning or having charge of
or control of the dog or cat violating the terms and provisions of this article.
(c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate
on any property within the city other than the owner's private property without immediately
removing such defecation with some sort of material, utensil, or suitable container and
depositing the defecation in a trash container. When walking a dog or cat on any property
within the city, other than the owner's property, the owner of that dog or cat shall carry some
sort of material, utensil, or suitable container with which to dispose of the defecation.
(d) Anyone who takes an animal on the beach must have an Atlantic Beach tag.
(Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88; Ord. No.
95-98-69, § 1, 10-26-98)
State law reference—Damage by dogs, F.S. Ch. 767.
Sec. 4-27. Disturbing the peace.
(a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or
control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as
to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise
provided by state law.
Supp. No. 28
309
§ 4-27 ATLANTIC BEACH CODE
(b) Any animal which persistently makes noises for an hour or longer and annoys citizens
of the city shall be declared a nuisance under this chapter.
(Code 1970, § 4-4(e); Ord. No. 95-96-66, § 2, 5-28-96; Ord. No. 95-98-69, § 1, 10-26-98)
Sec. 4-28. Reserved.
Editor's note—Ord. No. 95-98-69, § 1, adopted Oct. 26, 1998, repealed § 4-28 which
pertained to vicious dogs and derived from Code 1970, § 4-5(d).
Sec. 4-29. Rabies suspected.
Suspected rabies cases will be handled according to the Health Code as established by the
State Department of Environmental Health (authorized by F.S. § 381.006).
(Code 1970, § 4-5; Ord. No. 95-98-69, § 1, 10-26-98)
State law reference—Authority of state department of health and rehabilitative services
to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected
with rabies, F.S. § 381.031(1)(g)1.
Sec. 4-30. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city manager shall
have the authority to issue citations to those people whose pets are found to be in violation of
this article and sections herein.
(b) Violations of this article shall be punishable by fines as follows:
(1) First offense: (The current offense is a "first" offense if there have been no other
citations in the preceding thirty-six (36) months.) Twenty-five dollars ($25.00); if not
paid within fourteen (14) days, fine goes to fifty dollars (S50.00); if not paid within
thirty (30) days, a code enforcement hearing is required which could result in fines of
up to two hundred and fifty dollars (S250.00) per day.
(2) Second offense: (The current offense is a second offense if there has been only one (1)
previous citation within the preceding thirty-six (36) months.) One hundred dollars
($100.00); if not paid in fourteen (14) days, fine goes to one hundred fifty dollars
(5150.00); if not paid within thirty (30) days, a code enforcement hearing is required
which could result in fines of up to two hundred fifty ($250.00) per day.
(3) Third and subsequent offenses: (The current offense is a third or subsequent offense if
there have been two (2) or more previous citations within the preceding thirty-six (36)
months.) Two hundred fifty dollars ($250.00) and a definite term of imprisonment not
exceeding sixty (60) clays; if not paid in fourteen (14) days, fine goes to five hundred
dollars (5500.00). Mandatory appearance before the code enforcement board.
(4) Anyone cited with a violation of this article who pays the required fines and then goes
three (3) years with no offenses shall return to the status of having no prior offenses
for the purposes of this section.
(5) Anyone cited with a violation of this article may pay a fine as specified above in lieu of
appearing in county court. The fine specified shall be paid within the time specified
Supp. No. 28 310
ANIMALS § 4-30
above or, if not timely paid, then the increased amount within thirty (30) days of
issuance of the citation and, if not paid by such time, the city shall proceed to enforce
such violation as otherwise provided by law.
(6) An additional fine of one hundred dollars ($100.00) for any violation involving a dog or
cat in heat.
(c) A five dollar (85.00) surcharge shall be assessed and collected upon each civil penalty
imposed for violation of an ordinance relating to animal control or cruelty as authorized by F.S.
§ 828.27. The proceeds from such surcharge shall be used only to assist in paying for the costs
of training for animal control officers in accordance with the requirements of F.S. § 828.27.
Said civil penalty shall be paid to the City of Atlantic Beach.
(d) The animal control officer shall have the authority to cite the owner or any person
having custody of an animal for a violation of this article when, and only when:
(1) The officer has received from an adult witness a sworn affidavit attesting to the animal
having committed a violation pursuant to this article; or
(2) The animal control officer or other person duly authorized to enforce the provisions of
this chapter has witnessed the commission of a violation under this article.
(Ord. No. 97-86-30, § 4, 7-28-86; Ord. No. 95-98-69, § 1, 10-26-98; Ord. No. 95-99-70, § 2,
6-28-99; Ord. No. 95-01-77, § 1, 1-22-01; Ord. No. 95-03-85, §§ 1, 2, 10-13-03)
Supp. No. 28 311
[The next page is 3531
FLOOD HAZARD AREAS
S 8-5
Area of shallow flooding means a designated AO or VO Zone on a community's flood
insurance rate map (FIRM) with base flood depths from one to three (3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
Area of special flood hazard is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year.
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year.
Basement means that portion of a building having its floor subgrade (below ground level) on
all sides.
Breakaway wall means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system.
Building means any structure built for support, shelter, or enclosure for any occupancy or
storage.
Coastal high hazard area means the area subject to high velocity waters caused by, but not
limited to, hurricane wave wash. The area is designated on a FIRM as Zones VI — 30, VE or
V
Development means any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavating, drilling operations, or permanent storage of materials.
Elevated building means a nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter walls, pilings, columns
(posts and piers), shear walls, or breakaway walls.
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special flood
hazard have been defined as Zone A.
Flood insurance rate map (FIRIVI) means an official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
Supp. No. 28 523
§ 8-5 ATLANTIC BEACH CODE
Flood insurance study is the official report provided by the Federal Emergency Management
Agency. This report contains flood profiles, as well as the flood boundary-floodway map and the
water surface elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floor means the top surface of an enclosed area in a building (including basement), i.e., top
of slab in concrete slab construction or top of wood flooring in wood frame construction. The
term does not include the floor of a garage used solely for parking vehicles.
Functionally dependent facility means a facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship
repair, or seafood processing facilities. The term does not include long-term storage, manu-
facture, sales, or service facilities.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
Lowest floor means the lowest floor of the area's lowest enclosed area (including basement)
of a building. An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement, is not considered a buildings
lowest floor, provided that such enclosure is not built so as to render the structure in violation
of the nonelevation design standards of this chapter. Structures mean a walled and roofed
building that is principally above ground, a manufactured home, or a gas or liquid storage
tank.
Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for
a copious development of interlacing adventitious roots above the ground and which contain
one or more of the following species: Black mangrove (Avicenna nitida); red mangrove
(Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus
erecta).
Mean sea level means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this chapter
the term is synonymous with national geodetic vertical datum (NGVD).
Manufactured home means a structure, transportable in one or more, sections, which is
built on a permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term also includes park trailers, travel trailers,
and similar transportable structures placed on a site for one hundred eighty (180) consecutive
days or longer and intended to be improved property.
National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control used as
a reference for establishing varying elevations within the floodplain.
Supp. No. 28 524
FLOOD HAZARD AREAS § 8-6
New construction means structures for which the "start of construction" commenced on or
after the effective date of this chapter.
Sand dunes means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Start of construction, for other than new construction or substantial improvements under
the Coastal Barrier Resources Art (P.L. 97-348), includes substantial improvement, and means
the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within one hundred eighty (180) days of the permit date.
The actual start means the first placement of permanent construction of a structure (including
a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent construction does not include land prepara-
tion, such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure.
Structures means a walled and roofed building that is principally above ground, a
manufactured home, or a gas or liquid storage tank.
Substantial improvement means any repair, reconstruction, alteration, or improvement to a
structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure, either (1) before the improvement or repair is started, or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however, include any project for
improvement of a structure required to comply with existing health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions.
Variance is a grant of relief from the requirements of this chapter which permits
construction m a manner otherwise prohibited by this chapter where specific enforcement
would result in unnecessary hardship.
(Ord. No. 25-87-20, § 1 (Art, 2), 3-23-87; Ord. No. 25-03-34, §§ 1, 2, 9-22-03)
Sec. 8-6. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of
Atlantic Beach, Florida.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.01), 3-23-87)
Supp. No. 28 525
§ 8-7 ATLANTIC BEACH CODE
Sec. 8-7. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency
in its Flood Insurance Study/Flood Insurance Rate Map, dated April 17, 1989, with accompa-
nying maps and other supporting data, and any revision thereto, are adopted by reference and
declared to be a part of this chapter.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.02), 3-23-87; Ord. No. 25-03-34, § 1, 9-22-03)
Sec. 8-8. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this chapter and other applicable regulations.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.04), 3-23-87)
Sec. 8-9. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and an ordinance conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. No. 25-87-20, § 1 (Art. 3 § 8-3.05), 3-23-87)
Sec. 8-10. Interpretation.
In the interpretation and application of this chapter, all provisions shall be: (1) Considered
as minimum requirements; (2) liberally construed in favor of the governing body; and (3)
deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.06), 3-23-87)
Steer. 8.11 ifTarninss , r r1 eliset9i er nF 1iahility,
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the areas of special flood hazard or uses
permitted within such areas will be free from flooding or flood damages. This chapter shall not
create liability on the part of Atlantic Beach or by any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative decision lawfully
made thereunder.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.07), 3-23-87)
Sec. 8-12. Penalties for violation.
Violation of the provisions of this chapter or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall constitute a misdemeanor. Any person who violates this
chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined
not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) clays,
Supp. No. 28 526
FLOOD HAZARD AREAS § 8-22
or both, and in addition, shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense. Nothing herein contained shall
prevent the city from taking such other lawful action as is necessary to prevent or remedy any
violation.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.08), 3-23-87)
Secs. 8-13-8-20. Reserved.
ARTICLE II. ADMINISTRATION
Sec. 8-21. Planning and development director—Designated.
The planning and development director is hereby appointed to administer and implement
the provisions of this chapter.
(Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.01), 3-23-87)
Sec. 8-22. Same—Duties and responsibilities.
Duties of the planning and development director shall include, but not be limited to:
(1) Review all development permits to assure that the permit requirements of this chapter
have been satisfied.
Supp. No. 28
526.1
FLOOD HAZARD AREAS § 8-32
(3) All buildings or structures shall be securely anchored on pilings or columns.
(4) All pilings and columns and the attached structures shall be anchored to resist
flotation, collapse, and lateral movement due to the effect of wind and water loads
acting simultaneously on all building components. The anchoring and support system
shall be designed with wind and water loading values which equal or exceed the
100 -year mean recurrence interval (one percent annual chance flood).
(5) A registered professional engineer or architect shall certify that the design, specifica-
tions and plans for construction are in compliance with the provisions contained in
section 8-32(e)(2), (3) and (4) of this chapter.
(6) There shall be no fill used as structural support. Noncompacted fill may be used
around the perimeter of a building for landscaping/aesthetic purposes provided the fill
will wash out from storm surge, thereby rendering the building free of obstruction,
prior to generating excessive loading forces, ramping effects, or wave deflection. The
planning and development director shall approve design plans for landscaping/
aesthetic fill only after the applicant has provided an analysis by an engineer,
architect, and/or soil scientist, which demonstrates that the following factors have
been fully considered:
a. Particle composition of fill material does not have a tendency for excessive
natural compaction;
b. Volume and distribution of fill will not cause wave deflection to adjacent
properties; and
c. Slope of fill will not cause wave run-up or ramping.
(7) There shall be no alteration of sand dunes or mangrove stands which would increase
potential flood damage.
(8) Lattice work or decorative screening shall be allowed below the base flood elevation
provided they are not part of the structural support of the building and are designed
so as to breakaway, under abnormally high tides or wave action, without damage to the
structural integrity of the building on which they are to be used and provided the
following design specifications are met:
a. No solid wall shall be allowed; and
b. Material shall consist of lattice or mesh screening only.
(9) If aesthetic lattice work or screening is utilized, such enclosed space shall not be
designed to be used for human habitation, but shall be designed to be used only for
parking of vehicles, building access, or limited storage of maintenance equipment used
in connection with the premises.
(10) Prior to construction, plans for any structures that will have lattice work or decorative
screening must be submitted to the planning and development director for approval.
Supp. No. 28 533
§ 8-32
ATLANTIC BEACH CODE
(11) Any alteration, repair, reconstruction or improvement to a structure shall not enclose
the space below the lowest floor except with lattice work or decorative screening, as
provided for in section 8-32(e)(8) and (9).
(12) Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured home (mobile home) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or subdivision
provided the anchoring standards of section 8-31(b), and the elevation standards of
section 8-32(a) are met.
(Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.02), 3-23-87)
Sec. 8-33. Standards for streams without established base flood elevations and/or
floodways.
Located within the areas of special flood hazard established in section 8-7, where small
streams exist but where no base flood data have been provided or where no floodways have
been provided, the following provisions apply:
(a) When base flood elevation data or floodway data have not been provided in accordance
with article I, section 8-7, then the local administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a federal,
state, or other source in order to administer the provisions of article III.
(b)
In special flood hazard areas with base flood elevations (Zones AE) but without
floodways, no encroachments, including fill material or structures, shall be permitted
unless certification by a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, will not increase the water
surface elevation of the base flood more than one (1) foot at any point W ithiu the
community. The engineering certification should be supported by technical data that
conforms to standard hydraulic engineering principles.
(c) In special flood hazard areas without base flood elevation and floodway data, new
construction and substantial improvements of existing structures shall have the
lowest floor of the lowest enclosed area (including basement) elevated no less than two
(2) feet above the highest adjacent grade at the building site.
(Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.03), 3-23-87; Ord. No. 25-03-34, §§ 1, 2, 9-22-03)
Sec. 8-34. Standards for subdivision proposals.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas
electrical and water systems located and constructed to minimize flood damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards;
Supp. No. 28 534
FLOOD HAZARD AREAS § 8-35
(d) Base flood elevation data shall be provided for subdivision proposals and other proposed
development (including manufactured home parks and subdivisions) which is greater than the
lesser of fifty (50) lots or five (5) acres.
(Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.04), 3-23-87)
Sec. 8-35. Standards for areas of shallow flooding (AO Zones).
Located within the areas of special flood hazard established in section 8-7, are areas
designated as shallow flooding areas. These areas have special flood hazards associated with
base flood depths of one to three (3) feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate; therefore, the following
provisions apply:
(a) All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated to the depth number specified on
the flood insurance rate map, in feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor, including basement, shall be elevated, at least
two (2) feet above the highest adjacent grade.
(b) All new construction and substantial improvements of nonresidential structures shall:
(1) Have the lowest floor, including basement, elevated to the depth number specified
on the flood insurance rate map, in feet, above the highest adjacent grade. If no
depth number is specified, the lowest floor, including basement shall be elevated
at least two (2) feet above the highest adjacent grade; or
(2) Together with attendant utility and sanitary facilities be completely floodproofed
to or above that level so that any space below that level is watertight with walls
substantially impermeable to the passage of water and with structural compo-
nents having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
(Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.05), 3-23-87)
[The next page is 5771
Supp. No. 28 535
OFFENSES § 13-12
(b) It shall be unlawful for any person to carry, display, or brandish any replica or facsimile
of a firearm in the presence of a law enforcement officer.
(Ord. No. 57-89-13, § 1, 2-13-89)
Sec. 13-10. Recyclable materials; removal prohibited.
(a) It shall be unlawful for anyone to take, steal, carry away, or otherwise remove any
contents from any bin or container designed for the purpose of recycling solid waste and
marked with the logo adopted by the City of Atlantic Beach for the recycling program.
(b) Exemptions: Only those persons authorized in writing by the city manager shall be
exempted from the provision of this section.
(c) Violation of this section shall be punishable by a fine not exceeding five hundred dollars
($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and
imprisonment.
(Ord. No. 95-89-42, § 1, 9-11-89)
Sec. 13-11. Flea markets.
(a) A garage sale (see section 24-17 for definition of garage sale) operating for more than
three (3) consecutive days in duration, or occurring more than three (3) times within a calendar
year, shall be considered a flea market.
(b) It shall be unlawful to conduct, promote, or otherwise engage in operating a flea market
within the municipal boundaries of the city.
(Ord. No. 95-92-52, § 1, 5-26-92)
Sec. 13-12. Aggressive solicitation prohibited.
(a) Definitions.
(1) Aggressive manner means and includes:
a. Intentionally or recklessly making any physical contact with or touching another
person in the course of the solicitation without the person's consent;
b. Following the person being solicited, if that conduct is:
1. Intended to or is likely to cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act upon property in the person's
possession; or
2. Is intended to or is reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
3. Continuing to solicit within five (5) feet of the person being solicited after
the person has made a negative response, if continuing the solicitation is:
(i) Intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
Supp. No. 28
791
13-12 ATLANTIC BEACH CODE
(ii) Is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
4. Intentionally or recklessly blocking the safe or free passage of the person
being solicited or requiring the person, or the driver of a vehicle, to take
evasive action to avoid physical contact with the person making the
solicitation. Acts authorized as an exercise of one's constitutional right to
picket or legally protest shall not constitute obstruction of pedestrian or
vehicular traffic;
5. Intentionally or recklessly using obscene or abusive language or gestures:
(i) Intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) Words intended to or reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation; or
6. Approaching the person being solicited in a manner that:
(i) Is intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) Is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
(2) Automated teller machine means a device, linked to a financial institution's account
records, which is able to carry out transactions, including, but not limited to: account
transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan
payments.
(3) Automated teller machine facility means the area comprised of one (1) or more
automatic teller machines, and any adjacent space which is made available to banking
customers after regular banking hours.
(4) Bank means any banking corporation as defined in Section 674.105, Florida Statutes.
(5) Check cashing business means any person duly licensed by the superintendent of
banks to engage in the business of cashing checks, drafts or money orders for
consideration pursuant to the provisions of the banking laws.
(6) Public area means an area to which the public or a substantial group of persons has
access, and includes, but is not limited to, alleys, bridges, buildings, driveways,
parking lots, parks, playgrounds, plazas, sidewalks and streets open to the general
public, and the doorways and entrances to buildings and dwelling, and the grounds
enclosing them.
(7) Solicit means to request an immediate donation of money or other thing of value from
another person, regardless of the solicitor's purpose or intended use of the money or
other thing of value.
Supp. No. 28 792
OFFENSES § 13-151
(b) Prohibited acts: It shall be unlawful for any person to solicit money or other things of
value; or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle, or bus station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business
or with fifteen (15) feet of any automated teller machine during the hours of operation
of such bank, automated teller machine or check cashing business without the consent
of the owner or other person legally in possession of such facilities. Provided, however,
that when an automated teller machine is located within an automated teller machine
facility, such distance shall be measured from the entrance or exit of the automated
teller machine facility;
(4) On private property if the owner, tenant, or lawful occupant has asked the person not
to solicit on the property, or has posted a sign clearly indicating that solicitations are
not welcome on the property; or
(5) From any operator of a motor vehicle that is in traffic on a public street, whether in
exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a
public parking space, or directing the occupant to a public parking space; provided,
however, that this paragraph shall not apply to services rendered in connection with
emergency repairs requested by the operator or passengers of such vehicle.
(c) Penalties: Any person violating a provision of this section shall be guilty of an offense
and shall upon conviction and adjudication of guilt be punished as follows:
(1) For a first offense, by a fine of not more than twenty-five dollars ($25.00) or by
imprisonment of not more than (10) days or by community service of not less than fifty
(50) hours; and
(2) For a second and subsequent offense, by a fine of not more than five hundred dollars
($500.00) or by imprisonment of not less than fifteen (15) days nor more than ninety
(90) days or by community service of not less than five hundred (500) hours.
(Ord. No. 95-03-84, § 1, 5-27-03)
Secs. 13-13-13-150. Reserved.
ARTICLE II. MINORS ON STREETS AND IN PUBLIC PLACES`
Sec. 13-151. Short title.
This article shall be known and may be cited as the "Ordinance Regulating the Presence and
Conduct of Minors on Streets and Public Places."
(Ord. No. 57-89-14, § 1, 2-27-89)
Editor's note—Ord. No. 57-89-14, §§ 1-7, adopted February 27, 1989, clid not specifically
amend the Code; therefore, inclusion as §§ 13-151-13-158 was at the discretion of the editor.
Supp. No. 28 793
§ 13-152 ATLANTIC BEACH CODE
Sec. 13-152. Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the singular number,
and words in the singular number the plural number. The word "shall" is always mandatory
and not merely directory.
City. The City of Atlantic Beach.
Custodian. Any person over the age of eighteen (18) who is in loco parentis to a juvenile.
Guardian. Any person other than a parent, who has legal guardianship of a minor.
Minor. Any person under the age of eighteen (18).
Parent. The natural or adoptive parent of a minor.
Public place. Any street, alley, highway, sidewalk, park, playground or place to which the
general public has access and a right to resort for business, entertainment, or other lawful
purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern,
bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted
to amusement or entertainment of the general public. It shall also include the front or
immediate area of the above.
(Ord. No. 57-89-14, § 2, 2-27-89)
Sec. 13-153. Curfew for minors.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place
either on foot or to cruise about without a set destination in any vehicle in, about or upon any
place in the city between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday, and
between the hours of 12:00 p.m. and 6:00 a.m., Friday through Saturday, unless accompanied
by a parent, guardian, custodian or other adult person having custody or control of such minor
or unless the minor is on an emergency errand or specific business or activity directed or
permitted by his parent, guardian or other adult person having the care and custody of the
minor or where the presence of such minor is connected with or required by some legitimate
employment, trade, profession or occupation.
(Ord. No. 57-89-14, § 2, 2-27-89)
Sec. 13-154. Responsibilities of owners of public places.
It shall be unlawful for any person, firm or corporation operating or having charge of any
public place to knowingly permit or suffer the presence of minors under the age of eighteen (18)
between the hours of 12:00 p.m. and 6:00 a.m.
(Ord. No. 57-89-14, § 3, 2-27-89)
Supp. No. 28 794
OFFENSES § 13-158
Sec. 13-155. Parents' responsibility.
It shall be unlawful for the parent, guardian or other adult person having custody or control
of any minor under the age of eighteen (18) to suffer or permit or by inefficient control to allow
such person to be on the streets or sidewalks or on or in any public property or public place
within the city between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of this
section do not apply to a minor accompanied by his parent, guardian, custodian or other adult
person having the care, custody or control of the minor, or if the minor is on an emergency
errand or specific business or activity directed by his parent, guardian, custodian or other
adult having the care and custody of the minor or if the parent, guardian or other adult person
herein has made a missing person notification to the police department.
(Ord. No. 57-89-14, § 4, 2-27-89)
Sec. 13-156. Special functions.
Any minor attending a special function or entertainment of any church, school, club, or
other organization that requires such minor to be out at a later hour than that called for in
section 13-153 shall be exempt from the provisions of section 13-153 of this article provided,
however, the chief of police or his designee may verify said special function or entertainment
with the minor's parents or by contact with said church, school, club or other organization.
(Ord. No. 57-89-14, § 5, 2-27-89)
Sec. 13-157. Procedures.
(a) Any police officer upon finding a minor in violation of section 13-153 shall ascertain the
name and address of such minor and warn the minor that he is in violation of curfew and shall
direct the minor to proceed at once to his or her home or usual place of abode. The police officer
shall report such action to the shift supervisor of the police department who in turn shall notify
the parents, guardian, or person having custody or control of such minor.
(b) If such minor refuses to heed such warning or direction by any police officer or refuses
to give such police officer his correct name and address, or if the minor has been warned on a
previous occasion that he or she is in violation of curfew, he or she shall be taken to the police
department and the parent, guardian or other adult person having the care and custody of
such minor shall be notified to come and take charge of the minor. If the parent, guardian or
other adult person above cannot be located or fails to come and take charge of the minor, the
minor shall be released to the juvenile authorities.
(Ord. No. 57-89-14, § 6, 2-27-89)
Sec. 13-158. Penalties.
Any minor violating the provisions of this article shall be dealt with in accordance with the
juvenile court law and procedure. Any parent, guardian, or other adult person having the care
and custody of a minor violating this article shall, after having been previously notified under
section 13-157 be fined not more than fifty dollars ($50.00) for each offense.
(Ord. No. 57-89-14, § 7, 2-27-89)
Supp. No. 28 795
[The next page is 839]
Art. I.
Art. II.
Chapter 14
PLANNING/ZONING/APPEALS*
In General, §§ 14-1-14-15
Community Development Board, §§ 14-16-14-28
ARTICLE I. IN GENERAL
Sec. 14-1. Comprehensive plan.
(a) The Comprehensive Plan for the City of Atlantic Beach, entitled "Comprehensive Plan
City of Atlantic Beach, Florida," dated March 1, 1990, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference, is hereby adopted for the area of jurisdiction
of the City of Atlantic Beach pursuant to the Chapter 163, Part II, of the Laws of the State of
Florida.
(b) Not less than one (1) copy of the comprehensive plan, and any subsequent amendments
thereto, shall be maintained for public inspection in the office of the city clerk, and not less
than one (1) additional copy each and any subsequent amendments thereto, shall be
maintained for public inspection in the office of the city manager and the office of the
community development director.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 95-90-48, § 1, 12-13-90)
Cross reference—Stormwater management, § 22-301 et seq.
Secs. 14-2-14-15. Reserved.
ARTICLE II. COMMUNPITY DEVELOPMENT BOARDT
Sec. 14-16. Created.
There is hereby created a community development board.
(Ord. No. 47-86-3, § 2, 1-26-87)
Editor's note—Ord. No. 47-86-3, § 1, adopted January 26, 1987, repealed former Ch. 14,
§§ 14-1, 14-16-14-22, in its entirety. The aforesaid sections were concerned with planning, and
derived from the Code of 1970; Ord. No. 95-81-23, §§ 1, 2, adopted June 26, 1981; Ord. No.
95-85-27, § 1, adopted December 9, 1985; and Ord. No. 95-86-31, § 1, adopted December 8,
1986. Section 2 of Ord. No. 47-86-3 enacted new provisions as set out herein.
Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; flood
hazard districts, Ch. 8; mobile homes and recreational vehicles, Ch. 10; signs and advertising
structures, Ch. 17; streets, sidewalks and other public places, Ch. 19; utilities, Ch. 22; zoning
and subdivision regulations, Ch. 24.
State law references—State comprehensive planning, F.S. § 23.011 et seq.; Local
Government Comprehensive Planning Act, F.S. § 163.3161 et seq.
tCross references—Administration, Ch. 2; boards and commissions generally, § 2-131 et
seq.
Supp. No. 28 839
14-17 ATLANTIC BEACH CODE
Sec. 14-17. Composition; qualifications of members; officers.
The community development board shall consist of seven (7) members appointed by the city
commission, none of whom shall hold any other public office or position in the city, all of whom
shall be bonafide residents of the city, and where practical, each shall possess some special skill
or knowledge which would assist them in the discharge of their responsibilities under this
article. The community development board shall elect its chairman and vice chairman from
among the appointed members. The community development director shall act as secretary to
the board under the direction of the city manager.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-18. Terms of office of members; filling of vacancies.
Following the expiration of the terms of office of current board members the term of office
shall be for two (2) years and members may serve a maximum of four (4) consecutive terms. All
terms shall expire on December 31 of the proper year. Any vacancy during the unexpired term
of an appointed member shall be filled by the city commission for the remainder of the term.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03)
Sec. 14-19. Removal of members.
Any member of the community development board may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend (3)
consecutive meetings without cause shall have his office declared vacant unless the member's
absence is excused by a majority of the board members, and the city commission shall promptly
fill such vacancy.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03)
Sec. 14-20. Powers and duties.
to:
The community development board shall have the power, duty, responsibility and authority
(1) Make recommendations to the city commission for the physical, fiscal and esthetic
development of the city;
(2) Exercise supervisory control over planning and land use within the city, following the
standards established by the city commission pertaining to such planning or land use
regulation as contained in the Ordinance Code of the City of Atlantic Beach, Florida;
(3) Recommend to the city commission proposed changes in the land use regulation map
of the city;
(4) Recommend to the city commission proposed changes in the land use regulations of the
code;
(5) Submit to the city commission their recommendations covering all applications for
changes in the provisions of the land use regulations of the city referred to then by the
city commission;
Supp. No. 28 840
Art. I.
Art. II.
Chapter 15
POLICE*
In General, §§ 15-1-15-15
Disposition of Confiscated or Lost Property, §§ 15-16-15-22
ARTICLE I. IN GENERAL
Sec. 15-1. Additional court costs assessed for police training.
There is hereby assessed by the city, in compliance with F.S. § 943.25(8)(a), an additional
two -dollars (42.00) as court cost against every person convicted for violation of a municipal
ordinance in any proceedings, except for violations relating to parking of vehicles. Further, two
dollars ($2.00) shall be deducted from every bond estreature or forfeited bail bond related to
the penal ordinances for any offense, except that relating to parking of vehicles. Such funds as
levied and assessed as additional court costs or taken from the bonds shall be used exclusively
for law enforcement education expenditures for members of the police department.
Secs. 15-2-15-15. Reserved.
ARTICLE IL DISPOSITION OF CONFISCATED OR LOST PROPERTY'
Secs. 15-16, 15-17. Reserved.
Editor's note—Ord. No. 57-03-21, § 1, adopted June 9, 2003, repealed former §§ 15-16 and
15-17, which pertained respectively to sale of confiscated property, and sale of lost and found
property, and derived from §§ 2-1.2(a) and (b) of the 1970 Code.
Sec. 15-18. Notice of sales.
Notice of all sales shall be given by the city clerk by advertising once each week for two (2)
successive weeks in a newspaper published within the county.
(Code 1970, § 2-1.2(c))
Secs. 15-19-15-22. Reserved.
Editor's note—Ord. No. 57-03-21, § 1, adopted June 9, 2003, repealed former §§ 15-19-
15-22, which pertained to hours of sales, destruction, transfer of unclaimed or confiscated
property for use by city or other governmental agency, and disposal of confiscated or lost
~Cross references—Administration, Ch. 2; police department, § 2-51 et seq.; offenses, Ch.
13; traffic and motor vehicles, Ch. 21.
.i State law references—Seized, abandoned, wrecked or derelict property, F.S. Ch. 705;
supplemental procedure for removal and destruction of abandoned property of nominal
salvage value only, F.S. § 705.16; Florida Contraband Forfeiture Act, F.S. § 932.701 et seq.
Supp. No. 28 891
§ 15-22 ATLANTIC BEACH CODE
firearms, and which derived from §§ 2-1.2 (d), (0, and (g) of the 1970 Code, Ord. No. 5-83-13,
§§ 1 and 2, adopted December 12, 1983, and Ord. No. 57-91-17, § 1, adopted September 26,
1991.
Supp. No. 28 892
[The next page is 943]
SIGNS AND ADVERTISING STRUCTURES § 17-26
(5) No trespassing and private property signs not exceeding two (2) square feet in area.
Such signs shall not be displayed from or attached to trees, utility poles or any type of
utility structure or equipment, including lift stations, fire hydrants and the like.
(6) Vacancy or no vacancy signs not exceeding two (2) square feet in area.
(7) Temporary political campaign signs announcing the candidacy of a qualified candidate
for public office not exceeding four (4) square feet in area may be placed wholly within
the boundaries of any property, at the discretion or consent of the legal owner and/or
occupant of the property, provided such signs conform with all traffic, electrical,
maintenance, fire and safety regulations of the city.
The placing of political campaign signs on city property, other public property or on public
rights-of-way shall be prohibited. Political campaign signs displayed within motor vehicles
conducting routine business activities on city or other public property shall not be prohibited,
provided that no such vehicle shall be parked on city property, other public property or on
public rights-of-way for the sole purpose of displaying political campaign signs.
Illegally placed political campaign signs shall be removed by the code enforcement officer
without notice to the candidate or abutting property owner or occupant. Political campaign
signs shall not be placed on property prior to qualification of the candidate to run for office, and
all such signs shall be removed within seventy-two (72) hours after the last election. If such
signs are not removed within this period of time, the city may remove such signs and may
charge the candidate the actual cost for such removal. Collected funds shall be deposited into
the city general revenue. Failure to remove signs is a violation of this Code and is enforceable
pursuant to F.S. Chapter 162, Code Enforcement.
(8) Personal expression signs limited to one (1) per lot or parcel, or in the case of
multi -family uses, one (1) per dwelling unit, expressing personal views or opinions not
exceeding four (4) square feet in area, providing such signs are otherwise in compliance
with applicable local, state and federal laws.
(9) Religious symbols.
(10) Garage sale signs or open house signs within residential zoning districts, not exceeding
four (4) square feet in size, limited to two (2) per site and located only at the location
of such event. Such signs may be displayed one (1) day before the garage sale or open
house and shall be removed immediately after conclusion of the event. No garage sale
sign or open house sign may be erected upon any public right-of-way.
(11) Signs placed within interior courtyards, the inside fence line of recreational fields and
on golf courses, provided such signs are visible only to those persons visiting such place
and are otherwise in compliance with this chapter.
(12) Address and street number signs not exceeding two (2) square feet.
(13) Holiday and seasonal decorations shall not be construed as signs, providing that these
contain no commercial advertising message.
(Ord. No. 60-02-12, § 2, 9-9-02)
Supp. No. 28 1001
§ 17-27 ATLANTIC BEACH CODE
Sec. 17-27. General provisions applying to all permitted signs.
All signs shall be subject to the following general provisions.
(1) No sign shall be installed, erected or placed prior to issuance of a sign permit as
required by article VI of this chapter, except for exempt signs as set forth in section
17-26. Signs shall be located only on property where the sign serves to provide an
advertising message for that property.
(2) All signs shall be engineered and constructed as required by these regulations and the
Florida Building Code. Signs shall be professionally designed, lettered and con-
structed.
(3) Signs constructed for the purpose of displaying an advertising message shall be
constructed of materials suitable to withstand weather related deterioration and shall
not be constructed of plywood, cardboard, paper or other such materials, which
deteriorate quickly when exposed to normal weather conditions.
(4) No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or
interfere with the free use of public streets or sidewalks.
(5) No sign shall be attached to or placed against a building in any manner which impedes
or blocks ingress or egress through any door or window of any building, nor shall any
sign obstruct or be attached to a fire escape.
(6) No sign shall be erected near the intersection of any street in such a manner so as to
obstruct free and clear vision, or at any location where, by reason of position, shape or
color, it may interfere with, obstruct the view of, or be confused with any authorized
traffic sign, signal or device, or which makes use of any word or words commonly used
on traffic -control signs or signals.
(7) Where the rear of any sign structure is visible from any street or from any adjoining
residential zoning district, all exposed structural and electrical components of any
such sign shall be concealed in a manner as approved by the city manager.
(8) Fascia or wall signs, shall be mounted directly upon the surface of the building, and
shall not be mounted upon exposed raceways, or other type of protrusions from the
surface of the building.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
Sec. 17-28. Signs permitted within residential zoning districts.
(a) Except for exempt signs as provided for in section 17-26, signs within residential zoning
districts, shall be limited to those as set forth below.
(1) For single-family and two-family residential subdivisions and developments contain-
ing ten (10) or more residential lots, where individual lots are accessed from a common
internal roadway, one (1) sign identifying the name of the subdivision shall be allowed
at each entrance from a collector or arterial street, not to exceed two (2) signs.
a. Size permitted: Thirty-two (32) square feet of sign face area.
Supp. No. 28 1002
SIGNS AND ADVERTISING STRUCTURES ti 17-29
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1)
sign is allowed, each such sign erected shall be constructed and designed in the
same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted
lighting only. Any lighting shall project from the ground onto the sign only, and
shall not be directed towards any street or residential lot.
(2) For multi -family residential uses, one (1) sign identifying the name of the multi -family
development shall be allowed at each entrance not to exceed two (2) signs. Internal
directional signs and signs identifying buildings shall also be allowed limited to three
(3) feet in height and eight (8) square feet in sign face area.
a. Size permitted: Sixty (60) square feet of sign face area.
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1)
sign is allowed, each such sign erected shall be constructed and designed in the
same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted
lighting only. Any lighting shall project from the ground onto the sign only, and
shall not be directed towards any street, vehicular drive or residential unit.
(b) Signs, as set forth with above paragraph (a), that are located within public or dedicated
rights-of-way shall be approved by the city commission. Such signs may be approved at the
time of final plat approval as set forth by section 24-202 of this Code, or alternatively, such
signs may be approved upon specific application to the commission. Approval of the city
commission shall be required prior to the issuance of a sign permit. Such signs shall
complement and conform to the "WELCOME TO ATLANTIC BEACH" signs in features
including lettering, color, composition, structural materials, finished surface, and shall be
constructed of wood or similar material giving the finished appearance of carved or sand-
blasted wood, as described within section 17-32.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-29. Signs permitted within commercial and industrial zoning districts.
(a) Subject to the provisions as set forth within this section, the following signs shall be
permitted within commercial professional office (CPO), commercial limited (CL), commercial
general (CG), central business district (CDB) and industrial, light and warehousing (ILW)
zoning districts. Except as specifically exempted in section 17-26, and further subject to
issuance of a sign permit, no other sign or advertising device shall be displayed or erected
within the city.
(1) Fascia signs for buildings with a single business or occupant.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the
building width that faces the front of the lot, as defined in section 24-17 of this
Supp. No. 28 1003
§ 17-29
ATLANTIC BEACH CODE
Code, provided that no single fascia sign on any one (1) side of a building shall
exceed sixty (60) square feet of sign face area. (For example, if the width of the
building facing the front of the lot is fifty (50) feet wide, the maximum total sign
face area for all fascia signs is fifty (50) square feet.)
b. Number of fascia signs permitted: Not more than three (3) fascia signs shall be
allowed on any one (1) side of a building. Where fascia signs are placed upon more
than one (1) side of the building, the combined sign face area shall not exceed the
amount permitted by subparagraph (1)a. above.
(2) Fascia signs for buildings with multiple businesses or occupants.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the
unit(s) occupied by one (1) business or occupant, provided that no such fascia sign
shall exceed forty-eight (48) square feet of sign face area for any one (1) business.
(For example, if the width of a unit or several units, occupied by one (1) business
is twenty-four (24) feet, then one (1) sign, a maximum of twenty-four (24) square
feet of sign face area is permitted.)
b. Required spacing between signs on buildings with multiple occupants. Fascia
signs for different occupants shall be separated by a minimum distance or
thirty-six (36) inches.
(3) In lieu of the above-described fascia signs, a business or authorized use may install a
single bracket sign or a single marquee sign in accordance with the following
provisions.
a. Size permitted: The maximum size of a bracket sign or a marquee sign shall be
determined in the same manner as a fascia sign, provided that no such sign shall
have more than sixty (60) square feet of projected sign fare area,
b. There shall be not more than twelve (12) inches of clear space adjacent to the
building wall, and such signs shall not extend or project from the face of the
building more than ten (10) feet.
c. No portion of such sign shall extend above the height of the roof.
d. No portion of such sign shall be closer than eight (8) feet to any sidewalk or
pedestrian walkway, and no closer than five (5) feet from any street side property
line. All such signs shall be securely anchored to a wall and shall in no manner
be connected to or suspended from the roof of any building.
(4) Freestanding signs. In addition to the above signs, freestanding signs may be erected
as set forth below:
a. Size permitted: Freestanding signs, including pole, pylon and monument and
ground type signs shall be limited to one (1) square foot of sign display area for
each linear foot of frontages of the development parcel on which the sign(s) are
placed, provided no such sign shall exceed ninety-six (96) square feet of sign
display area.
Supp. No. 28 1004
SIGNS AND ADVERTISING STRUCTURES § 17-29
b. Permitted height of sign for freestanding signs. For the following zoning districts,
except as set forth in following paragraph d.2., the maximum height of signs shall
be:
1. Commercial professional office (CPO): Eight (8) feet.
2. Commercial limited (CL): Eight (8) feet.
3. Central business district (CDB): Eight (8) feet.
4. Commercial general (CG): Eight (8) feet.
5. Industrial, light and warehousing (ILW): Eight (8) feet.
c. Permitted width of freestanding signs. The maximum width of signs in any
non-residential zoning districts shall be twelve (12) feet.
d. Number of freestanding signs permitted:
1. On a development parcel with frontage upon a street, one (1) freestanding
sign shall be permitted for each one hundred (100) feet of linear street
frontage up to a maximum of three (3) freestanding signs. Height of sign for
such multiple signs shall not exceed eight (8) feet and sign display area shall
not exceed ninety-six (96) square feet; or
2. Alternatively, within the commercial general (CG) and commercial limited
(CL) zoning districts only, development parcels with street frontage of three
hundred (300) linear feet or more shall be permitted one (1) freestanding
sign with height of sign not to exceed ten (10) feet and sign display area not
to exceed one hundred twenty (120) feet. The required distance from any
property lines for such freestanding sign shall be a minimum of ten (10) feet.
Additional distance from property lines may be required, if in the determi-
nation of the director of public works, additional distance is required to
maintain clear vehicular and pedestrian sight distance.
3. On a development parcel that has frontage upon more than one (1) street,
one (1) additional freestanding sign shall be permitted on each street side of
the development parcel. The height of sign for any such secondary sign shall
not exceed eight (8) feet, and sign display area shall not exceed ninety-six
(96) square feet.
e. Required distance from property lines: No portion of any freestanding sign shall
be located closer to the property line than five (5) feet, except as may be required
pursuant to preceding paragraph (4)d.2. Freestanding signs shall not be located
so as to interfere with clear vehicular or pedestrian sight distance. Signs
determined by the director of public works to interfere with safe sight distance for
pedestrians or vehicles shall be immediately removed.
(b) Requirement for a unified sign plan. After the initial effective date of these regulations,
all new non-residential development, which shall contain space or units for more than one (1)
business or occupant, shall provide a unified sign plan with the application building permits.
Supp. No. ` 8 1005
§ 17-29 ATLANTIC BEACH CODE
All subsequent applications for sign permits shall comply with the approved unified sign plan.
The unified sign plan shall comply with the provisions of this chapter and shall also
demonstrate a consistent theme and design with respect to each of the following:
(1) Manner and type of construction, including materials to be used, installation method
and mounting details.
(2) Means of illumination, if any, and hours of illumination.
(3) Size, color, lettering and graphic style.
(c) Pre -development signs. Signs for the purposes of announcing a corning development
project may be placed within commercial and industrial zoning districts subject to the
following provisions:
(1) Issuance of a sign permit shall be required, and no such sign shall remain on any
development parcel for a period of time exceeding one (1) year from the issuance date
of the sign permit.
(2) Complete and proper applications for building permits for the related development
project must be submitted within sixty (60) days of the placement of any such sign, or
the sign shall be removed. In the case that the sign is not removed, the sign shall be
considered an abandoned sign, subject to the provisions of section 17-41(c).
(3) Such sign shall be removed within thirty (30) days of the issuance of any certificate of
occupancy, or at any time when construction ceases for a period of time longer than
thirty (30) consecutive days. In the case that the sign is not removed within these
periods of time, the sign shall be considered an abandoned sign, subject to the
provisions of section 17-41(c).
(4) Only one (1) such sign shall be placed upon the development parcel and shall not
exceed the height or size as permitted by preceding paragraph (a).
(d) Within non-residential zoning districts, one (1) sign per lot or development parcel
advertising the sale or lease or the property limited to eight (8) feet in height and a maximum
of twenty-four (24) square feet of sign face area. A sign permit shall be required for such signs,
and these signs shall be removed within ten (10) days of sale or lease of the property.
(e) Requirement to display street number: All business and activities regulated by the
requirements of section 17-29 shall display the street number in a manner that is prominent
and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall
be displayed on all freestanding signs and over front doors or primary entryways.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
Supp. No. 28 1006
SIGNS AND ADVERTISING STRUCTURES § 17-32
Sec. 17-30. Signs within special purpose (SP) and planned unit development (PUD)
zoning districts.
The size, height, width and number of signs permitted within special purpose districts and
planned unit development districts shall be established within the ordinance creating such
district as determined by the city commission to be appropriate for the nature and character
of the use within these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-31. Signs within conservation (CON) zoning districts.
As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall
require approval as a use -by -exception. The size, height, width and number of signs permitted
within conservation districts shall be established during the use -by -exception process in
accordance with the provisions of section 24-63. Signs within conservation districts shall not
adversely impact the environmentally sensitive qualities of these areas, shall be non -
illuminated, shall contain no electrical components and shall be constructed of wood, brick,
masonry, high-density urethane or similar material, which is consistent with the natural
surroundings of these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-32. Signs placed on public buildings and structures and within public parks.
All signs displayed within City of Atlantic Beach parks and upon the exterior of any public
building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH"
signs displayed on such properties as of the effective date of this chapter, or as such design may
be later modified by city commission. Such signs shall display the City of Atlantic Beach logo,
Supp. No. 28 1006.1
SIGNS AND ADVERTISING STRUCTURES
ARTICLE V. SIGN PERMITS
Sec. 17-61. Permit required.
§ 17-62
It shall be unlawful for any person to install, erect, place, alter or relocate any sign without
first obtaining a sign permit with payment of the required fee to the city. Sign permits shall be
required for any sign requiring a permit under the provisions of Section 3108.1.3, Florida
Building Code. A sign permit shall not be issued prior to issuance of the appropriate
occupational license as required for the activity on the property for which the sign permit is
sought, except as set forth in section 17-29(c) of this chapter.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-62. Application.
Before a sign permit shall be issued, a design and stress diag-ram containing necessary
information to enable the building official to determine compliance with the provisions of
Section 3108 of the Florida Building Code shall be submitted. Such information shall be
included as part of the sign permit application and shall be submitted to the City of Atlantic
Beach Building Department using a sign permit application as provided by the city. The
application for sign permit shall contain or have attached thereto the following information:
(1) The name, mailing address and telephone number of the applicant.
(2) If applicable, a copy of a valid and current occupational license for the property where
the sign shall be placed.
(3) In the case that the applicant is not the property owner, an owner's authorization to
apply for a sign permit.
(4) A survey depicting the location of the requested sign(s) and the location of all
structures and access points on the property. An elevation drawing, with dimensions,
depicting the size, height, location and relation to other existing signs. Plans shall be
drawn at a legible scale, depicting materials to be used, method of construction,
attachment or installation as appropriate and type of illumination, if any.
(5) The name and contractor information of the person erecting or installing the sign.
(6) An electrical permit, if required.
(7) Registered engineer's drawings as may be required by Section 3108, Florida Building
Code.
(8) Such additional information as may be required by the building official to determine
compliance with this chapter, any other applicable laws and ordinances of the City of
Atlantic Beach and the requirements of Section 3108, Florida Building Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Supp. No. 28 1011
§ 17-63 ATLANTIC BEACH CODE
Sec. 17-63. Calculation of permitted sign size.
Sign face area, sign display area, width of sign and height of sign shall be calculated as
defined within article I of this chapter. In the case of freestanding, fascia and projecting signs,
the sign face area shall be used in calculating the permitted size of sign. In the case of
marquee, canopy or awning signs, the sign display area shall be used in calculating the
permitted size of the sign.
When computing sign face area and sign display area, only one (1) side of a sign containing
two (2) sides shall be included in the calculation of the permitted sign size.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-64. Fees.
Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and
required fees shall also be required for signs with electrical components.)
(1) Thirty-two (32) square feet or less of sign display area or sign face area, as appropriate:
Thirty dollars ($30.00).
(2) Larger than thirty-two (32) square feet: An additional ten dollars ($10.00) for each
square foot exceeding thirty-two (32) square feet of sign display area or sign face area,
as appropriate.
(3) Freestanding signs constructed in accordance with the provisions of section 24-171(d),
commercial corridor development standards: Freestanding signs constructed of a solid
material such as wood, masonry or high-density urethane, and externally -illuminated
in a manner that washes the sign in indirect light from a fluorescent ground source
shall be entitled to a fifty (50) percent reduction in sign permit fees.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
Supp. No. 28 1012
[The next page is 1055]
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-6
(2) To ensure adequate visibility at "defined intersections," the owners or occupants of
private real property shall not do any of the following which could obstruct a driver's
view of approaching traffic at such intersections:
a. Plant or permit the growth of shrubbery or any other vegetation in the city
right-of-way higher than thirty (30) inches above the established grade of the
right-of-way;
b. Allow tree branches to extend below the height of ten (10) feet above the
established grade of the right-of-way;
c. Allow any berm, wall or other structure to be erected, placed, or exist in the city
right-of-way.
(b) Safety zones:
(1) For purposes of this section, "safety zone" is a relatively flat, unobstructed area along
the edge of a roadway for the recovery of errant vehicles, and shall consist of the area
for at least two (2) feet from the edge of the pavement into the city right-of-way.
(2) No persons shall plant, erect, place or allow any plant, wall, fence, structure or other
object in the safety zone of a roadway except for mailboxes and sod or other ground
cover.
(c) The city shall have the right to remove any tress, shrubbery, vegetation, berms, walls,
fences, structures or other objects in violation of this section, with or without prior notice.
Removal costs shall be charged to the owner, occupant or representative in an amount equal
to the city's costs incurred, plus a charge of one hundred (100) percent of said costs to cover the
city's administrative expenses.
(Ord. No. 65-03-32, § 1, 4-14-03)
Sec. 19-6. Traffic calming devices.
The city commission shall take no action on the installation of any traffic calming devices,
such as speed bumps or stop signs, unless:
(1) The police department, or such other person as directed by the director of public safety,
has conducted proper research and declared the area where such devices are requested
to be installed a "traffic safety hazard area"; and
(2) The installation of such devices is expected to correct the situation in said area.
(Ord. No. 75-03-15, § 1, 6-9-03)
Editor's note—Ord. No. 75-03-15, § 1, adopted June 9, 2003, enacted provisions intended
for use as § 19-5. As § 19-5 was already in use at the time of codification, these provisions have
been codified herein as a new § 19-6.
[The next page is 1157]
Supp. No. 28 1109
TAXATION § 20-54
(3) Any person who does not qualify under the provisions of subsection (1) or (2) of this
section, and who transacts any business or engages in any occupation or profession in
interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the
United States Constitution;
(4) Any person who reports himself to be engaged in any profession, occupation or
industry for the transaction of which a license is required under this chapter either by
exhibiting a sign or advertisement or by advertising in any newspaper or any other
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.
Supp. No. 28 1163
§ 20-54 ATLANTIC BEACH CODE
(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.
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 hnsiness.
(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 (83.00).
(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.
Supp. No. 28 1164
TAXATION ti 20-59
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:
Manufacturer, all:
0-1,500 sq. ft S51.00
1,501-5,000 sq. ft 86.00
5,001-15,000 sq. ft 115.00
15,001 sq. ft. and over 288.00
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.
0-1,500 sq. ft $51.00
1,501-5,000 sq. ft 86.00
5,001-15,000 sq. ft 115.00
15,001 sq. ft. and over 288.00
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
Supp. No. 28 1165
20-59 ATLANTIC BEACH CODE
Day care, children
Dental lab
Detective/investigative agency
Diet/weight control center
Educational establishment (trade, technical)
Electrical contractor
Engineer firm/corporation
Funeral house
General contractor
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 appraiser
Real estate agency
Residential contractor
Roofing contractor
Security systems contractor
Sheet metal contractor
Solar energy contractor
Supp. No. 28 1166
TAXATION § 20-59
Title company
Underground utilities contractor
Veterinary establishment
Banks, national or state, credit union
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 bound-
aries)
288.00
173.00
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, each $103.00
Acupuncturist 34.00
Architect 103.00
Attorney 103.00
Auctioneer 103.00
Barber 34.00
Beautician 34.00
Building contractor 34.00
Chiropractor 103.00
Cosmetologist 34.00
Dental hygienist 34.00
Dental radiographer 34.00
Dentist 103.00
Detective/investigator 34.00
Dietitian 34.00
Electrician 34.00
Engineer 103.00
Funeral director/embalmer 103.00
General contractor 34.00
Hearing specialist 103.00
Supp. No. 28
1167
20-59 ATLANTIC BEACH CODE
Insurance agent 103.00
Land surveyor 103.00
Landscape architect 103.00
Marriage or family counselor 103.00
Massage therapist 34.00
Mental health counselor 103.00
Miscellaneous, other than listed 34.00
Miscellaneous contractor 34.00
Mortgage broker 103.00
Nail specialist 34.00
Full specialist (nails/skin care) 34.00
Naturopath 103.00
Nursing home administrator 103.00
Occupational therapist 103.00
Optician 103.00
Optometrist 103.00
Pharmacist (Exempt - F.S. 205.196) Exempt
Physical therapist 103.00
Physician 103.00
Plumber 34.00
Podiatrist 103.00
Professional, other than listed 103.00
Psychologist 103.00
Real estate appraiser 34.00
Real estate sales agent 34.00
Real estate broker 34.00
Residential contractor 34.00
Respiratory care practitioner/therapist 103.00
Stocks/bonds broker 103.00
Veterinarian 103.00
Supp. No. 28 1168
TAXATION
§ 20-59
RETAIL ESTABLISHMENTS:
The license fee for retail establishments shall be assessed at the following rates:
0-1,500 sq. ft 51.00
1,501-5,000 sq. ft 86.00
5,001-15,000 sq. ft 115.00
15,001 sq. ft. and over 288.00
Antiques
Appliance sales
Art gallery/dealer
Art framing/arts and crafts
Auto new/used
Auto parts/supplies
Bakery
Beauty supply
Bicycles
Boat, new/used
Book stores/stationers
Building supplies
Butcher/meat market
Cabinet/carpentry shop
Candy/pop corn
Ceramics
Clothing
Collectibles
Communications equipment (cell phones/beepers)
Computer, hardware/software
Convenience store
Cosmetics
Crafts/home accessories
Gifts/greeting cards
Supp. No. 28 1169
20-59 ATLANTIC BEACH CODE
Decorator sales
Delicatessen
Department/variety store
Electronic equipment/radio/television
Fabric shop
Fish/seafood market
Fishing supplies (bait and tackle)
Fish: tropical/aquarium
Floor coverings: carpet, tile, etc.
Florist, cut flowers, plants, etc.
Furniture sales
Garden center/nursery
Gas, LP dealers
Glass: auto, plate, window, mirror
Grocery store
Guns/firearms dealer
Hardware store
Health food store
Ice cream vendor (mobile)
Ice cream parlor
Internet sales
Jewelers
Liquor store (not for consumption on premises)
Lumber yard/sales
Mail order/catalog sales
Marine equipment/supplies
Miscellaneous sales, other than listed
Mobile home/RV dealer
Motorcycle sales, new/used
Music shop
Supp. No. 28 1170
TAXATION § 20-59
Office equipment/supplies
Optical devices/equipment sales
Pawnshop
Pet shop, sales/supplies
Photographic equipment/supplies
Plumbing fixtures/supplies
Records/tapes/CD/video sales
Secondhand/thrift stores
Shoe sales
Sporting goods
Tobacco products
Toy store
Trophy/award sales
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:
0-1,500 sq. ft 51.00
1,501-5,000 sq. ft 86.00
5,001-15,000 sq. ft 115.00
15,001 sq. ft. and over 288.00
Advertising agency, firm or corporation engaged in creation, production or sale of
media intended to promote or advertise
Advertising, billboards, highway and wall signs (covering fabrication, erection
and/or maintenance of any type sign which is located on private property,
exclusive of neon, which is covered under general license)
Advertising, outdoor (general license covering all phases of advertising as defined
in F.A. Ch. 479, relating to outdoor advertisers and including erecting, servicing
and maintaining of electrical and neon signs)
Animal grooming/kennel
Apartment building/complex (Based on total sq. footage)
Supp. No. 28 1171
§ 20-59 ATLANTIC BEACH CODE
Appliance service/repair
Auto:
Car wash
Customizing/detailing
Oil change
Machine shop/welding
Paint and body shop
Rental/U-drive
Road service/towing
Service/repair
Stereo/accessories installation
Storage
Tire dealer
Service station
(The number of pumps shall be calculated either individually or by island
as numbered by the service station)
1-4 pumps 51.00
5-9 pumps 86.00
10-12 pumps 115.00
Over 12 pumps 288.00
Bar/lounge/tavern
With one (1) COP license, add 57.00
With 2 COP license, add 115.00
With 4 COP license, add 231.00
With lounge and/or micro brewery, add 288.00
Boat repair
Bowling alleys
Bookkeeping
Building inspection
Carpentry
Carpet cleaners
Catering
Supp. No. 28 1172
TAXATION § 20-59
Cement/stone/brick
Cemetery
Charter vessel
Each vessel up to 25 ft 49.00
Plus $10.50 per foot additional for vessels over 25 ft.
Vessels over 25 ft. require city commission approval
Cleaning/janitorial/maid service
Computer services
Computer classes
Consultant/systems analyst
Computer repairs
Software programs, writing of
Consultant, not otherwise classified
Country club
With 1 COP license, add 57.00
With 2 COP license, add 115.00
With 4 COP license, add 231.00
With lounge and/or micro brewery, add 288.00
Dance hall
With 1 COP license, add 57.00
With 2 COP license, add 115.00
With 4 COP license, add 231.00
With lounge and/or micro brewery, add 288.00
Delivery/messenger service
Decorator/interior design
Drywall installation
Dredging/excavation contractor
Employment agency
Environmental services/consultant
Fences, metal/wood contractor
Fortune teller, clairvoyant, psychic, palmist spirit medium, etc.
Supp. No. 28
1173
20-59 ATLANTIC BEACH CODE
Financial consultant
Foundation contractor
Fuel oil service
Furniture repair/upholstery
Glass tinting/coating
Health spa/gym
Hotel/motel/rooming houses
With 1 COP license, add 57.00
With 2 COP license, add 115.00
With 4 COP license, add 231.00
With lounge and/or micro brewery, add 288.00
Insulation contractor
Instructional establishment:
Arts/crafts
Computer/secretarial
Dance/music/fine arts
Karate/martial arts
Irrigation contractor
Junk/salvage yard
Land development company
Landscaping/lot clearing
Laundromat, self service
Laundry/dry cleaner
Lawn/yard service
Linen service
Locksmith
Machine repair/fabrication/welding
Management company (Managing the property or business of another person,
firm or corporation)
Manufacturer's agent/representative
Supp. No. 28 1174
TAXATION § 20-59
Marina
Per slip/space up to 50 ft $11.00
Plus additional $11.00 for each additional foot over 50 ft.
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
Photographer
Photo processing service
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
Equipment
Supp. No. 28
1175
§ 20-59 ATLANTIC BEACH CODE
Furniture/appliances
Video tapes, etc.
Other
Restaurants (this classification also includes snack bars and take-out only
service)
With 1 COP license, add 57.00
With 2 COP license, add 115.00
With 4 COP license, add 231.00
With lounge and micro brewery, add 288.00
Screen printing
Secretarial service/data processing
Security systems monitoring service
Septic tank cleaning
Shoe repair
Sign painters/sign builders
Signs, electric/neon
Solicitation, door to door (unless exempted by chapter 18 of this Code or F.S.
Chapter 496)
(Plus
35.00 to cover the cost of investigation, section 18-3 of this Code)
Small engine repair
Sprinkler systems (fire)
Storage/mini warehouses
Tanning salon
Tailor/dressmaker
Telegraph service
Telemarketing
Telephone answering service
Trailer park/tourist camp
Travel agency
Tree service/tree surgeon
Water softening/conditioning
Supp. No. 28 1176
TAXATION § 20-59
Web site consultant
Well digger
Window installation/service
Other service establishments:
Telephone company (subject to franchise)
First 1,000 phones or 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 $28.00
Taxi cabs 28.00
Towing/wrecker service
Towing/wrecker service, per vehicle 28.00
Trucking
Truck, per vehicle
Vending machines:
28.00
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 amuse-
ment/game machine, pool/billiard table, electronic music machine and any
machine which dispenses a product.
0-3 machines 28.00
4-10 machines 57.00
11-19 machines 115.00
20 or more machines (arcade) 288.00
Supp. No. 28 1177
§ 20-59 ATLANTIC BEACH CODE
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 110.00
51-100 passenger capacity 1,102.50
101 or more passenger capacity 137,812.50
Day labor employment service 5,512.50
Escort service 27,562.50
Body piercing/tattoo artist 210.00
Lingerie modeling shop 27,562.50
900 telephone service or equivalent 27,562.50
Sexually oriented live entertainment 27,562.50
Teen club 5,250
(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; Ord. No. 45-00-15, § 1, 9-11-00; Ord. No. 45-01-16, § 1, 1-14-02; Ord. No. 45-03-17,
§ 1, 6-23-03)
Secs. 20-60-20-75. Reserved.
ARTICLE IV. INSURANCE PREMIUM 'FAXES
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 of 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 or license tax in addition to any license tax or excise tax now levied by the city, which
tax shall be in the amount as established by F.S. 185.08 of the gross amount or receipts of
premiums from 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; Ord. No. 70-02-15, 8-12-02)
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
Supp. No. 28 1178
TAXATION § 20-82
the business of property insurance, as shown by the records of the insurance commissioner of
the state, an excise or license tax in addition to any license tax or excise tax now levied by the
city, which tax shall be in the amount as established by F.S. 175.101 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; Ord. No. 70-02-15, 8-12-02)
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 (320,000.00), adjusted by the cost -of -living index for the year 2000.
(Ord. No. 70-00-14, § 1, 6-26-00)
Supp. No. 28 1179
§ 20-83 ATLANTIC BEACH CODE
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)
Supp. No. 28 1180
[The next page is 1221)
Art. I.
Art. II.
Art. III.
Art. IV.
Chapter 22
UTILITIES'
In General, §§ 22-1-22-13
Waterworks System, §§ 22-14-22-55
Wastewater System, §§ 22-56-22-300
Div. 1. Generally, §§ 22-56-22-70
Div. 2. Use of Public Sewers Required, §§ 22-71-22-85
Div. 3. Private Wastewater Disposal, §§ 22-86-22-100
Div. 4. Building Sewers and Connections, §§ 22-101-22-125
Div. 5. Use of Public Sewers, §§ 22-126-22-150
Div. 6. Powers and Authority of Inspectors, §§ 22-151-22-165
Div. 7. Sewer User Rates and Charges, §§ 22-166-22-190
Div. 8. Sewer System Extensions, §§ 22-191-22-300
Stormwater Management, §§ 22-301-22-337
Div. 1. Generally, §§ 22-301-22-330
Div. 2. Rates and Charges, §§ 22-331-22-337
ARTICLE I. IN GENERAL
Sec. 22-1. Combined sewer and water systems.
The sewer systems of the Atlantic Beach, Oak Harbor, and Buccaneer plants are hereby
combined for financial reporting purposes only, and such combined systems shall hereafter be
known as the Atlantic Beach Sewer System. Likewise, the water systems of the Atlantic Beach,
Oak Harbor, and Buccaneer plants are hereby combined for financial reporting purposes only,
and such combined systems shall hereafter be known as the Atlantic Beach Water System. All
systems shall continue to meet any and all bond covenants, restrictions, and other applicable
laws.
(Ord. No. 80-93-52, § 1, 9-27-93)
Sec. 22-2. Return investment policy for Buccaneer plant.
The additional rates charged by the Buccaneer systems to customers outside the city
pursuant to section 22-27(2) for water and section 22-167(b) for sewer shall be considered a
return on investment, and such return on investment shall be contributed to the general fund
of the city unless a lesser amount of transfer is budgeted on an annual basis.
(Ord. No. 80-93-52, § 1, 9-27-93; Ord. No. 80-03-67, § 7, 9-22-03)
*Cross oss references—Administration, Ch. 2; buildings and building regulations, Ch 6;
mobile homes and recreational vehicles, Ch. 10; planning/zoning/appeals, Ch. 14; refuse and
garbage, Ch. 16; signs, posters, etc., prohibited on sidewalks, utility poles, etc., § 17-8; streets,
sidewalks and other public places, Ch. 19; public service tax, § 20-10 et seq.; zoning regulation
for utility structures, § 24-170.
State law references—Water and sewer systems, F.S. Ch. 367; supervision and control of
systems of water supply, sewerage, refuse and sewage treatment by the department of health
and rehabilitative services, F.S. § 381.261.
Supp. No. 28 1275
22-3
ATLANTIC BEACH CODE
Sec. 22-3. Voluntary collection program to assist needy with utility bills.
The director of finance shall accept voluntary donations to be used to assist the needy to pay
city utility bills. The city manager is authorized to contract with a social service agency to
administer the city's "Atlantic Beach Cares" program of assistance. All guidelines for the
program will be set forth in a contract with the administering agency, such contract will
include a cancellation provision whereby either party may terminate the contract upon a
thirty -day advance written notice to the other.
(Ord. No. 80-96-59, § 1, 10-28-96; Ord. No. 80-01-64, § 1, 1-14-02)
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
(a) Right to dispute. Every utility customer shall have the right to have any disputed or
believed erroneous billing reviewed by an employee of the finance department who is
empowered to adjust such billings for overcharging or charging for services not rendered. The
finance director shall designate such employees to hear customer disputes and adjust bills to
rectify any error and shall make at least one (1) such employee available to customers during
regular office hours and such other times as the finance director deems necessary and
appropriate.
(b) Authority to adjust or waive charges. The adjustment will be made in those cases where
the complaints are well founded and adjustments are appropriate. The city may waive or
assess late fees and service charges when there is a reasonable basis to believe that the fees
or service charges have been assessed or not assessed in error. The city may also waive late fees
when it appears that the customer has made a reasonable effort to deliver payment in a timely
manner or when that payment was late due to circumstances beyond the control of the
customer. The city may also grant a one-time waiver of the delinquent fee at the request of the
customer after determining that the payment history is good and considering the circum-
stances causing the delinquency.
(c) The city niay extend the due dates for customers that are on a fixed income for a time
period not to exceed fifteen (15) days past the original due date. The extensions are for the
purpose of helping customers on fixed income pay for services at anytime during the month
without penalty. The extension however does not extend the time period for cutoff purposes.
Consideration of such an extension will be given to those customers with a good payment
history and who are willing to sign a statement regarding the income limitations of those in the
household. The customer must attest that the only household income received is that of social
security or disability income or that the total income of the household is lower than an amount
considered a poverty income level by the department of health and human services. The city
will place the customer's deposit in a hold status for the duration of the special arrangement.
(d) Terms of adjustment. When a customer is determined by the city to have been
overcharged or undercharged as a result of incorrect meter reading, defective metering,
incorrect application of rate schedule fees and charges, or a mistake in billing or in the billing
and collection process, the amount so determined may be credited or back -billed to the
customer. The adjustment shall be accomplished over a period not to exceed six (6) months,
Supp. No. 28 1276
UTILITIES § 22-16
unless otherwise directed by the finance director or his authorized representative and so noted
on the account. If meter malfunctions are caused by tampering or customer -inflicted damage,
the back -billed period inay be extended to the maximum period allowed by state statute.
(Ord. No. 80-01-63, § 1, 2-26-01; Ord. No. 80-01-64, § 2, 1-14-02; Ord. No. 80-03-67, § 6, 9-22-03)
Sec. 22-5. Accounts receivable write-offs.
The city will adopt write-off policies and procedures for uncollectible accounts and
periodically update the city commission when write-offs occur.
(Ord. No. 80-01-63, § 2, 2-26-01)
Secs. 22-6-22-13. Reserved.
ARTICLE II. WATERWORKS SYSTEM*
Sec. 22-14. Application for water service.
It shall be unlawful for any person to use city water without first making application in
writing to the city for service at least forty-eight (48) hours before the service is desired and
paying all charges incident to the application. The applications shall be made on forms
furnished by the city and shall constitute an agreement by the consumer with the city to abide
by the rules of the city in regard to its service of water. Applications for service requested by
firms, partnerships, associations and corporations shall be tendered only by their duly
authorized agents, and the official title of the agent shall be shown on the application.
(Code 1970, § 27-1; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-15. Tapping of mains, etc., restricted to city employees.
No person shall tap the city water mains or snake any other connection to pipes on the
supply side of any meter except those persons duly employed by the city for such purposes.
(Code 1970, § 27-2; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-16. Connection charges; initial payment of minimum water rental.
(a) Upon the application of the owner or consumer for water service, the connection charge
shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection
charges will be established by the city commission from time to time.
(b) The minimum water rental for the period from the date of installation to the following
minimum water billing date shall be collected at the time payment is made for the connection
charge.
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 28 1277
§ 22-16 ATLANTIC BEACH CODE
(c) For the purposes of this subsection and subsection (d) of this section, fixture units are
established as the measurement of water demand for each water fixture installed and
connected to the city water system. Fixture units are assigned by the city plumbing code. The
water supply charge is hereby fixed at twenty dollars ($20.00) per fixture unit connected to the
city water system after enactment of this subsection and subsection (d) of this section.
(d) The director of finance is directed to receive the connection charge and cause same to be
invested in interest-bearing securities that are most advantageous to the city's interest. The
securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used
solely for capital improvements to the water plant and supply system.
(e) Payment of connection fees and impact fees shall be clue and payable prior to the
issuance of a building permit. For new and existing buildings or structures, the city manager
may allow payment of fees on an extended payment plan for up to fifteen (15) years or the
remaining life of an existing mortgage, whichever is less, if the owner has demonstrated to the
satisfaction of the city manager that the lump sum payment will constitute a hardship to the
applicant. A lien for the amount due shall be executed in recordable form reflecting the
payment schedule, and recorded at the applicant's expense. Upon all payments being made in
full, the lien shall be released of record.
(Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88; Ord. No. 80-92-48, § 1, 7-27-92; Ord. No.
80-92-51, § 1, 11-23-92)
Sec. 22-17. Temporary service.
Temporary service, such as service for circuses, fairs, carnivals, construction work and the
like, shall be provided upon written application accompanied by a deposit sufficient to cover
the city's estimate of the proper charge for water to be consumed, materials, labor and other
expense incurred by the city in providing the service. Upon termination of this service, any
balance of the deposit shall be refunded to the consumer.
(Code 1970, § 27-4; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-18. Granting necessary easements by consumer.
The consumer shall grant or cause to be granted to the city, without cost, all rights,
easements, permits and privileges which are necessary for providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-19. Right of access by city employees.
Duly authorized employees of the city shall have access at all reasonable hours to the
premises of the consumer for the purpose of reading meters, installing or removing any of its
property, examining pipes or fixtures or for any purpose incidental to providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Supp. No. 28 1278
UTILITIES § 22-22
Sec. 22-20. Fees to establish service or re-establish service after cutoff or transfer.
(a) A turn -on fee of twenty dollars ($20.00) will be charged to establish service for all new
customers.
(b) If water service is turned off upon the request of the customer, a re -connect fee of twenty
dollars ($20.00) shall be charged.
(c) If water service is turned off because of delinquency of payment, a re -connect fee of
thirty dollars ($30.00) shall be charged.
(d) If water service is transferred to another residence, a twenty dollar ($20.00) transfer fee
shall be charged.
(e) An additional charge of thirty dollars ($30.00) will be added to the turn -on charge for
service requested before 8:00 a.m. and after 4:30 p.m. on business days.
(Code 1970, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15, § 2, 1-13-86; Ord. No.
80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-00-62, § 1, 9-25-00; Ord.
No. 80-02-66, § 1, 1-27-03)
Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills.
Upon written request of a consumer, the meter will be tested by the city. The city will require
a deposit to defray cost of testing. Such deposit shall be as follows:
Meter Size
(inches)
Fee
5/8 by :3/4 $ 25.00
1 and 11/2 25.00
2 25.00
Above 2 Actual cost
If the meter, when tested, is found to be not more than two (2) percent fast, the deposit shall
be forfeited to the city as a service charge for conducting the test; otherwise, the expense of the
test will be borne by the city and billing adjustments for a period not to exceed twelve (12)
months will be made.
(Code 1970, § 27-7; Ord. No. 80-86-33, § 1, 11-24-86; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-22. Fee established for re -read of meters.
Upon request of a consumer, the meter will be re -read by the city. A fee of twenty dollars
($20.00) will be charged for all customer -requested re -reads when it is determined that the
initial read was not in error. At the discretion of the city manager, or his designee, the city may
perform a re -read at no cost to the consumer.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-02-66, § 2,
1-27-03)
Supp. No. 28 1279
§ 22-23 ATLANTIC BEACH CODE
Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant
houses unless water shut off.
Liability for service shall begin on the day the consumer is connected to the city water main
and shall continue thereafter until the service is disconnected for nonpayment or for other
cause, or after written notice is given the city by the consumer of his desire to terminate the
service. No allowance will be made for vacant houses unless a request in writing to have the
water shut off is received by the city, nor will any allowance be made for any shut-off period
less than thirty (30) days.
(Code 1970, § 27-8; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-24. Basis for billing if meter fails to register.
If any meter on a consumer's premises is destroyed by fire or other causes or fails to register,
the consumer will be billed for the period involved on a basis of previous consumption.
(Code 1970, § 27-9; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-25. Determination of classification of service for each consumer.
The city manager, or some person designated by him, shall have the authority to determine
what type of service shall be rendered by the city to each consumer.
(Code 1970, § 27-10; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-26. Property owner responsible to city for water charges.
The city will install and properly maintain, at its own expense, such meters and associated
piping as may be necessary to measure the water service used by the consumer. All meters and
associated piping and meter box or vvault installed by the city shall remain the property of the
city. It shall be unlawful for anyone to tamper with any city appurtenances of water services.
The consumer shall protect the city's meter and appurtenances. In the event of any loss or
damage to the property of the city caused by or arising out of carelessness, neglect or misuse
by the customer, the cost of replacing or repairing such damaged property shall be paid by the
customer or property owner.
(Code 1970, § 27-11; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-27. Charges for water service.
The reasonable rates, rentals, fees and other charges for the use of the services and facilities
of the city waterworks system are hereby found and determined to be and are hereby fixed and
established as follows:
(1) Customers within city:
a. Single units, The minimum bill for a single unit shall be six dollars and thirty-five
cents ($6.35) per month for up to three thousand (3,000) gallons of water.
During each monthly billing period, each monthly bill shall also include an
additional charge of one dollar and seventy-four cents ($1.74) per one thousand
Supp. No. 28 1280
UTILITIES § 22-27.1
(1,000) gallons of water used in excess of three thousand (3,000) gallons during
the previous month. Gallons used shall be determined by monthly meter
readings.
b. Multiple units. For multiple units served through the same meter, the rates and
minimum charges shall be in accordance with the following scale. All multiple
units will be billed at seventy-five (75) percent of the single -unit rate for each
unit, regardless of occupancy:
For each unit there will be a minimum charge of four dollars and seventy-seven
cents ($4.77) for two thousand two hundred fifty (2,250) gallons per unit.
All excess gallonage shall be charged at the same rate per one thousand (1,000)
gallons as provided for single units above.
(2) Customers outside the city: The rates applicable to customers outside the city shall be
one and one quarter (1.25) times the above rate applicable to customers inside the city.
(Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No.
80-91-45, § 1, 12-16-91; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-00-62, § 2, 9-25-00; Ord.
No. 80-03-67, § 1, 9-22-03)
Sec. 22-27.1. Utility deposits.
(a) A deposit of one hundred twenty-five dollars (8125.00) will be required for all new
single-family residential accounts. A deposit representing two (2) months' average charges for
utility services, i.e., water, sewer, stormwater and garbage, will be required for all other new
utility accounts. Upon termination of utility services, the customer's deposit will first be
applied to any balances owed on his account. Any balance remaining will be refunded to the
customer or transferred to another account upon request of the customer.
(b) The deposit of any customer shall be refunded with interest at the rate of three (3)
percent per annum after twenty-four (24) months from the date of deposit, provided the
customer is current in all payments and has timely made all payments during the preceding
twenty-four (24) months. If any customer becomes delinquent in payments after his deposit
has been refunded pursuant to this section, the city may require an additional deposit for
service to continue.
(Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-58, § 1, 10-28-96; Ord. No. 80-00-62, § 3,
9-25-00)
Supp. No. 28 1281
22-28 ATLANTIC BEACH CODE
Sec. 22-28. Water impact fees, installation charges, etc.
The following schedule of rates and installation charges for water connections, facilities,
service and water provided or furnished by the city through its waterworks system is hereby
adopted and established:
(1) Water connection charges.
a. Installation charge.
Installation Charge
Size of Meter from
(inches) Main to Meter
3/4 $ 525.00
1 560.00
P/2 1,090.00
2 1,150.00
Over 2, actual cost, mini- 1,150.00
mum
Approved utility contractors may construct larger services at their own expense,
but will be subject to a two -hundred -dollar inspection fee.
All new construction, rehabilitation and/or remodeling will require cross -
connection control devices and shall be assessed an inspection fee as follows:
Two-inch and under $ 35.00
Over two-inch 200.00
Reinspection visit 35.00
b. Meter charge. All meters will be furnished by the city and the cost is included in
the established installation charge.
c. Change in service size. Whenever a user requests a change in the size of a service
previously installed, such user shall accompany such request with payment of the
same charges per schedule a above, together with any meter cost involved, as are
applicable to the new service requested. The user shall also be required to pay
any and all increases in capital improvement charges from the old size to the one
requested, whether or not the old service was required to pay any fees, utilizing
the rates in effect at time of request.
d. Change in service location. Whenever a user requests a change in location of a
service connection previously installed, such user shall accompany such request
with payment of the same charges, per schedule a, for installation.
e. Capital improvement charge.
Single-family residences: For each house, three hundred twenty-five dollars
($325.00), three -quarter -inch service only.
Supp. No. 28
1282
UTILITIES § 22-29
Multiple family and condominium living units, including all related facilities: A
minimum of five hundred dollars ($500.00) for the first two (2) units, plus
ninety dollars ($90.00) per unit for each additional unit over two (2).
Motels, including all related facilities: A minimum of one thousand one hundred
fifty dollars (81,150.00) for the first ten (10) units, plus fifty-five dollars
($55.00) per unit for each additional unit over ten (10).
Nursing and convalescent homes, including all related facilities: A minimum of
one thousand fifty dollars ($1,050.00) for the first ten (10) beds, plus
forty-five dollars ($45.00) per bed for each additional bed over ten (10).
All others: A minimum of three hundred twenty-five dollars ($325.00).
Size of Meter
(inches) Charge
3/4 $ 325.00
1 550.00
11/2 1,075.00
2 1,725.00
3 3,250.00
4 5,425.00
6 10,800.00
8 15,000.00
Disposition, use of revenues. All revenues collected by the city for water capital
improvement charges shall be deposited and held in a special fund to be known as and
hereby designated "the water capital improvement fund". The monies deposited and
held in said fund and all interest accrued thereto shall be used only for the
improvements, expansion and/or replacement of the water system of the city.
(2) Water service for fire protection purposed. A special rate of sixty-two dollars (862.00)
per annum payable in monthly installments shall apply to any water service provided
exclusively for sprinkling systems or other fire protection systems in buildings only
provided the expense of all connections to and extensions from the city water mains
shall be borne by the user. No taps will be allowed which may be used for other than
fire protection purposes, and, unless pursuant to special permit formm the city
commission, there shall be no connection with any other source of water except in case
a storage tank or fire pump is installed as a secondary supply for such fire protection
purposes.
(Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-29. Due dates and late fees.
Bills for minimum and excess water will be rendered at regular intervals, but the rendering
of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill
shall not release or diminish the obligation of' the consumer with respect to payment thereof,
Supp. No. 28 1283
§ 22-29
ATLANTIC BEACH CODE
or relieve the consumer of any obligation under this chapter. The bills for service shall be due
and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If
the bill is not paid within fifteen (15) additional days (or thirty (30) days from the billing date),
service will be discontinued. A reconnect fee will be required to be paid, along with the full
amount of the bill, prior to service being restored.
(Code 1970, § 27-13; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No.
80-96-57, § 1, 2-12-96; Ord. No. 80-03-67, § 5, 9-22-03)
Sec. 22-30. Private fire protection service.
Fire protection service charges shall be billed annually in advance. Fire protection service,
either private hydrants or sprinkler systems, shall be installed from the main inward at the
expense of the consumer. All such installations shall be made in strict accordance with the
rules of the American Insurance Association in force at the date of installation and with such
requirements as inay be prescribed by the city manager. Fire protection services shall not be
metered, and no charge shall be made by the city for water used through such services;
however, no use of the services shall be made except for testing the equipment or fighting fire.
(Code 1970, § 27-14)
Sec. 22-31. Leaks on consumer's side of meter.
No allowance or adjustment of any water bill shall be made for leaks of any nature occurring
on the consumer's side of the meter.
(Code 1970, § 27-15)
Sec. 22-32. Connection of private water systems to city system prohibited.
No person shall interconnect a privately owned water system to the city's water system.
(Code 1970, § 27-16)
Sec. 22-33. Prohibited acts.
No person shall connect or turn on any water service or tap or make any alteration to any
main or distribution pipe of the city's water system or in any way interfere with or molest any
of the wells, reservoirs, basins or water in the same, or permit any connection or tapping to be
made to the city's water system on his premises or the premises occupied by him or knowingly
use city water from unauthorized connections.
(Code 1970, § 27-17)
Sec. 22-34. Service to more than one property through same meter.
Properties owned or operated by different owners or operators shall not be supplied with
water through one (1) meter unless existing facilities make it impractical, as determined by
the city commission as an exception, to establish separate meters for each property. In each
Supp. No. 28 1284
UTILITIES
§ 22-37
case excepted by the city commission, the yearly minimum rate will be determined by
combining the rates for each property, and likewise the minimum quarterly allowance for each
property will be combined.
(Code 1970, § 27-18)
Sec. 22-35. Approved of plumbing prior to connection with water system.
No water service shall be connected until the plumbing and connections incident thereto
shall have been inspected and approved by the plumbing inspector.
(Code 1970, § 27-19)
Sec. 22-36. City not liable for interruptions in service; right of city to restrict use of
water.
The city shall not be liable for any damage resulting from bursting of any main, service pipe
or cock, or by shutting off of water for repairs, extensions or connections, or from the accidental
failure of the water supply from any cause whatsoever. In cases of emergency, the city shall
have the right to restrict the use of water in any reasonable manner for the protection of the
city and its water supply.
(Code 1970, § 27-20)
Sec. 22-37. Application for water service in new subdivisions; costs of pipes, etc., in
subdivisions to be paid by developer; exception.
(a) Any person subdividing or resubdividing any plot or tract of land shall apply to the city
for water service.
(b) Upon approval of the application by the city commission, the applicant shall agree to
deposit with the city the cost of the lines, mains, pipes, fire hydrants, valves, meters,
engineering, etc., and the city shall cause to be prepared the necessary plans and specifications
for the construction of the water lines, etc.
(c) When the estimated cost of the water lines has been determined, the applicant shall
forthwith deposit with the city a sum of money equal to the estimate, or he may elect to install
the water lines himself according to the plans and specifications and under the supervision of
the city. He shall pay the cost of the engineering and shall provide the surety as the city
commission may require. If the actual cost is more than the estimated cost, the developer shall
pay to the city the additional cost. If the actual cost is less than the estimated cost, the
difference shall be refunded to the developer.
(d) If the future development of the area beyond the limits of the proposed development
requires the installation of a water main larger than the main required for domestic and fire
service within the proposed development, the city shall agree to pay the difference in the cost
of materials only between the main capable of providing domestic and fire service within the
Supp. No. 2s 1284.1
§ 22-37 ATLANTIC BEACH CODE
proposed development and the main necessary to serve the area beyond the development. The
method of payment of this cost by the city shall be negotiated between the developer and the
city.
(Code 1970, § 27-21)
Sec. 22-38. Extensions of water mains of more than one hundred feet in existing
streets.
Any application for water service on a street right-of-way or easement existing or dedicated
prior to January 1, 1961, requiring an extension in excess of one hundred (100) feet, shall be
approved by the city commission. If the city commission finds that it is not economically
feasible to construct the water line and the applicant provides the necessary funds to construct
the line, the city and the applicant shall agree by written contract to the refunding to the
applicant of the funds. The method and amount of refunding shall be negotiated between the
applicant and the city.
(Code 1970, § 27-22)
Sec. 22-39. Water shortages.
(a) Prohibition or curtailment of certain nonessential uses generally. The prohibition or
curtailment of certain nonessential uses of water shall be restricted or curtailed as set forth by
this section and shall be effective only during a water shortage as declared to exist by the St.
Johns River Water Management District.
(b) Irrigation of lawns generally; exception. Irrigation of lawns is prohibited between 9:00
a.m. and 6:00 p.m., unless by discharge from heat pump air conditioning units.
(1) Anyone watering a lawn by heat pump which does not have a secondary discharge
source shall present proof of this situation and obtain a permit from the city manager's
office identifying the situation;
(2) The city manager shall devise a system to identify owners of heat pump air
conditioning unit watering systems and the city clerk is authorized to charge a
reasonable administrative fee to defray any expenses incurred.
(c) Irrigation of ferns, ornamentals, flowers, etc., for those utilizing water for irrigation in
the growing of ferns, ornamentals, flowers, foliage, and turf grass (including cemeteries and
golf courses), the following water conservation practices shall be required:
(1) Irrigation is prohibited during the hours between 12:00 noon and 6:00 p.m., unless
extreme weather conditions exist to warrant the use of water for freeze protection
during these hours;
(2) Irrigation with the use of sewage effluent shall be exempt from the provisions of this
section.
Supp. No. 28
1284.2
UTILITIES § 22-41
(d) Lawn watering schedule. Immediately upon determining that the city water system has
exceeded any limitation imposed by the St. Johns River Water Management District the city
manager shall implement and publicly announce the following additional water conservation
measures. Lawn watering by city water or private wells shall be permitted only by this
schedule:
(1) North of Plaza Road, Mondays, Wednesdays and Fridays, between the hours of 6:00
p.m. and 9:00 a.m. the following day;
(2) South of Plaza Road, Tuesdays, Thursdays and Saturdays, between the hours of 6:00
p.m. and 9:00 a.m. the following day;
(3) No water to be permitted on Sundays after 9:00 a.m.
(e) Additional conservation measures. Should the additional conservation measures listed
in paragraph (c) fail to achieve compliance with the limitations imposed by the St. Johns River
Water Management District, the city manager shall implement the following further water
conservation measures:
(1) The washing of sidewalks, walkways, driveways, parking lots, tennis courts, and all
other hard -surfaced areas by hosing or by use of water directly from faucets or other
outlets, is prohibited except it shall not be unlawful to wash such areas from water
contained in a bucket or container not exceeding three -gallon capacity;
(2) The washing of motor vehicles, trailers, or boats by hosing or by use of water directly
from faucets or other outlets, is prohibited except:
a. It shall not be unlawful to wash such motor vehicles, trailers, or boats from water
contained in a bucket or container not exceeding three -gallon capacity; and
b. This subsection shall not be applicable to the washing of motor vehicles, trailers,
or boats at commercial vehicle washing facilities operated at fixed locations;
(3) Swimming pools will not be filled or refilled using city water;
(4) No water will be permitted to be used from fire hydrants for any construction work or
fire drills.
(Ord. No. 80-82-21, § 5, 4-26-82)
Sec. 22-40. Wells—Permit required.
Any person, firm, corporation, individual or other entity wishing to dig a water well for any
purpose within the corporate limits of the City of Atlantic Beach must first obtain, therefore,
a permit at a cost of ten dollars (510.00) from the building department of the city of Atlantic
Beach, Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-41. Same—Bacteriological tests for potable water.
Any person, individual, corporation or other entity receiving a permit as provided in section
22-40 herein, and who plans to use water from the permitted well for drinking purposes, must
Supp. No. 28
1284.3
§ 22-41 ATLANTIC BEACH CODE
first obtain a bacteriological test report fiom the State of Florida health department,
furnishing a certified copy thereof to the building department of the City of Atlantic Beach,
Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-42. Definitions.
Cross connection means any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain, lawn
sprinkler, conduit, pool, storage reservoir, plumbing fixtures, appliances, or other devices
which contain or may contain contaminated water, sewage or other waste or liquid of unknown
or unsafe quality which may be capable of imparting contamination to the public water supply
as the result of backflow. Bypass arrangements, jumper connections, removeable sections,
swivel or changeable devices and other temporary or permanent devices through which or
because of which backflow could occur are considered to be cross connections.
(Ord. No. 80-92-50, § 1, 10-12-92)
Sec. 22-43. Cross connections; backflow devices.
(a) No consumer of water from the city water system shall have a cross connection or
potential cross connection either inside or outside of any building or buildings without a
backflow prevention device being installed to prevent any and all backflow.
(b) Only the following are considered to be backflow prevention devices and shall be
installed in agreement with and under supervision of the supplier of water or his designated
representative:
(1) Air gap separation. A physical separation between the free-flowing discharge end of a
potable water supply pipeline and an open or nonpressure receiving vessel. This gap
must be at least double the diameter of the supply pipe measuresd vertically above the
rim of the vessel and in no case less than one (1) inch.
(2) Reduced -pressure backflow preventer A device containing within its structure a
minimum of two (2) independently acting, approved check valves, with an automati-
cally operating pressure differential relief valve located between the two (2) check
valves that will discharge to the atmosphere if the check valves should fail. This unit
shall include tightly closed shut-off valves located at each end of the device and each
device shall be fitted with properly located test cocks.
(3) Atmospheric vacuum breaker This device is operated by atmospheric pressure in
combination with the force of gravity. The unit is designed to work on a vertical plane
only. The one moving part consists of a poppet valve which must be carefully sized to
the slide in a guided chamber and effectively shut off the reverse flow of water when
there is a negative pressure.
Supp. No. 28 1284.4
UTILITIES § 22-56
(4) Pressure vacuum. breaker: This device is similar to an atmospheric vacuum breaker,
except that the checking unit "poppet valve" is activated by a spring and does not
require a negative pressure to react.
(5) Double check -valve assembly. An assembly composed of two (2) single, independently
acting drip -tight check valves, including tightly closing shut-off valves at each end and
suitable connections for testing the water tightness of each check valve.
(c) The city or its representatives with proper identification may enter at any time inside or
outside of any building or buildings for the purpose of checking for cross connections. If a cross
connection or potential cross connection is found, the city shall have the right to discontinue
water services until the problem has been corrected by elimination or until a proper backflow
prevention device has been installed. All backflow prevention devices will be checked
periodically by a city representative to insure proper operation.
(d) These provisions relative to a cross connection have been established for the protection
of all the inhabitants of the city and to comply with Chapter 17-22.107(4), Florida Adminis-
trative Code.
(e) All water services and plumbing fixtures shall conform to the latest edition of the City
of Atlantic Beach Cross Connection Control Policy Manual.
(Ord. No. 80-92-50, § 1, 10-12-92)
Secs. 22-44-22-55. Reserved.
ARTICLE III. WASTEWATER SYSTEM*
DIVISION 1. GENERALLY
Sec. 22-56. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
ascribed to them by this section:
Biochemical oxygen demand (BOD,) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5) days
at twenty (20) degrees Celsius expressed in milligrams per liter.
Building drain shall mean that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, and shall terminate five (5) feet or one and
five -tenths (1.5) meters outside the outer face of the building wall.
Building sewer shall mean the extension from the building drain to the public sewer or other
place of disposal, and shall commence five (5) feet or one and five -tenths (1.5) outside the outer
wall of the building.
Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 28 1284.5
22-56 ATLANTIC BEACH CODE
City manager shall mean the city manager of the city or his authorized deputy agency, or
representative, such as the city engineer, public works superintendent, superintendent of
wastewater facilities, etc.
Combined sewer shall mean a sewer intended to receive both wastewater and storm or
surface water. Such combined sewer shall be prohibited.
Easement shall mean an acquired legal right for the specific use of land owned by others.
Floatable oil shall mean oil, fat, or grease in a physical state such that it will separate by
gravity from wastewater by treatment in an approved pretreatment facility. Wastewater
Supp. No. 28 1284.6
UTILITIES § 22-166
testing pertinent to discharge to the community system in accordance with the provisions of
this article. The city shall have the right to suspend service if permission is denied.
(Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83)
Sec. 22-152. Information concerning industrial processes.
The city manager or other duly authorized employees are authorized to obtain information
concerning industrial processes which have a direct bearing on the kind and source of
discharge to the wastewater collection system. The industry must establish that the revelation
to the public of the information in question might result in an advantage to its competitors.
(Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83)
Sec. 22-153. Observing safety rules; indemnification and liability.
While performing the necessary work on private properties referred to in section 22-151, the
manager or duly authorized employees of the city shall observe all safety rules applicable to
the premises established by the company, and the company shall be held harmless for injury
or death to the city employees, and the city shall indemnify the company against loss or
damage to its property by city employees and against liability claims and demands for personal
injury or property damage asserted against the company and growing out of the gauging and
sampling operation, except as such may be caused by negligence or failure of the company to
maintain safe conditions as required in section 22-134.
(Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83)
Sec. 22-154. Easements.
The city manager and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties through which
the city holds a duly negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any portion of the wastewa-
ter facilities lying within the easement. All entry and subsequent work, if any, on the
easement, shall be done in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
(Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83)
Secs. 22-155-22-165. Reserved.
DIVISION 7. SEWER USER RATES AND CHARGES
Sec. 22-166. Monthly base charge.
Base charges will be levied monthly as follows:
(a) Monthly base charge. A monthly base charge of twelve dollars and twenty-five cents
($12.25) per equivalent residential unit will be levied upon each connection in
accordance with the following:
An equivalent residential unit (ERU) is defined as a wastewater connection that
delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater
flow to the waste stream, or equivalent to a residence serviced by a three-fourths (1-1)
inch water meter.
Supp. No. 28 1295
§ 22-166 ATLANTIC BEACH CODE
The monthly base charge is levied as follows:
Single-family residential and single-fam- $12.25 per account
ily individual -metered mobile homes, per
account
Multifamily residential, per unit 0.75 x S12.25 per unit
Master -metered mobile homes 0.75 x 512.25 per unit
Travel trailers 0.60 x 512.25 per site
Hotel/motel 0.50 x $12.25 per unit
With kitchen 0.60 x 512.25 per unit
Master -metered commercial $12.25 per unit
Restaurants, laundries, and car wash con- $12.25 x ERU factor
nections
All other commercial customers 512.25 x ERU factor
where the ERU factor for the commercial classification is based upon meter size as
follows:
Meter size (in inches) ERU factor
5/8 x 3/4 $1.00
1 1.28
11/3 2.08
2 2.88
3 5.60
4 10.00
6 20.00
(b) The rates applicable to customers outside ofthe city shall be one and one-quarter (1.25)
times the rates above.
(c) A monthly base surcharge for revenue generation system as required by the Federal
Environmental Protection Agency and the state department of environmental regula-
tion is as follows:
A surcharge of one dollar and eighty-four cents ($1.84) per equivalent residential unit
shall be levied upon each connection except in the Buccaneer Water and Sewer District
in accordance with the following:
Usage Classification ERU Factor
Single-family residential and single-fam- $1.00 per account
ily individual -metered mobile homes
Multifamily residential 0.75 per unit
Master -metered mobile homes 0.75 per unit
Travel trailer site 0.60 per site
Hotel/motel 0.50 per unit
Supp. No. 28 1296
UTILITIES § 22-168
Usage Classification ERU Factor
With kitchen 0.60 per unit
Master -metered commercial, more than 1.00 per unit
one (1) unit on one (1) meter
Comthercial 1.84 x ERU Factor
Restaurants, laundries, and car wash con- 1.84 x ERU Factor as provided in (a)
nections above.
(Ord. No. 80-83-23, § I(Art. VIII, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85; Ord. No.
80-86-30, § 1, 3-24-86; Ord. No. 80-86-31, § 1, 6-23-86; Ord. No, 80-87-34, § 1, 6-22-87; Ord. No.
80-91-45, § 2, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord.
No. 80-00-62, § 4, 9-25-00; Ord. No. 80-03-67, § 2, 9-22-03)
Sec. 22-167. Schedule of wastewater volume charges.
(a) There is hereby established a uniform volume charge per one thousand (1,000) gallons
of water as follows:
(1) Single-family residential and single-family individual -metered mobile homes, three
dollars and sixty-nine cents ($3.69) per one thousand (1,000) gallons of actual
residential water consumption in excess of three thousand (3,000) gallons per month
up to a maximum of thirteen thousand (13,000) gallons per month.
(2) Restaurants, laundries and all other classifications, three dollars and sixty-nine cents
($3.69) per one thousand (1,000) gallons of actual water consumption in excess of three
thousand (3,000) gallons per month.
(b) The rates applicable to customers outside of the city shall be one and one-quarter (1.25)
times the rates above.
(Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No.
80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord. No.
80-88-40, § 1, 6-13-88; Ord. No. 80-91-45, § 3, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord.
No. 80-95-55, § 3, 2-27-95; Ord. No. 80-00-62, § 5, 9-25-00; Ord. No. 80-03-67, § 3, 9-22-03)
Sec. 22-168. Review and changes of rates.
The uniform rates and charges established by this division may be reviewed annually, or as
directed by the city commission, and any change of rates and charges shall be established by
ordinance of the city commission after due public notification. Any rates and charges
established as provided in this division shall be binding with the same force and effect as if
incorporated in this section.
(Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Supp. No. 28 1297
§ 22-169 ATLANTIC BEACH CODE
Sec. 22-169. Connection fees.
Charges for providing and approving connections to the sewer system with installation
performed by the city are as follows and shall be in addition to impact fees.
All units: Cost for labor and materials as provided in section 2-368 of the City Code.
(Ord. No. 80-83-23 § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-170. Impact fees.
The fee for providing facilities for new connections and capacity increases for growth shall
be as follows:
Residences, per unit $ 1,250.00
Commercial:
Office buildings, per 100 square feet 40.00
Groceries, per 100 square feet 20.00
Retail shops, per restroom 1,260.00
Theatres, per seat 16.00
Restaurants, per seat 160.00
Service stations, per restroom 3,150.00
Car wash, self-service, per stall 1,850.00
Car wash, roll-over 11,850.00
Car wash tunnel 17,'7 60.00
Beauty shops/barber shops, per chair 630.00
Laundromats, per machine 790.00
Hotels/motels, per restroom 475.00
(Ord. No. 80-83-23, § 1(Art. VIII, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-171. Payment of connection fees and impact fees.
Payment of connection fees shall be due and payable prior to the issuance of a building
permit. For new and existing buildings or structures, the city manager may allow payment of
fees on an extended payment plan for up to fifteen (15) years if the owner has demonstrated
to the satisfaction of the city manager that the lump sum payment will constitute a hardship
to the applicant. A lien for the amount due shall be executed in recordable form reflecting the
payment schedule. Upon all payments being made in full, a release of lien shall be recorded.
(Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83; Ord. No. 80-92-46, § 1, 6-22-92; Ord. No.
80-92-51, § 3, 11-23-92)
Supp. No. 28
1298
UTILITIES § 22-175
Sec. 22-172. Disposition of impact fees.
All revenues collected by the city through sewer impact fees shall be held in a special
account to be known as the wastewater system capital improvement account. The money
deposited and held in said account and all interests accrued thereto shall be used only for the
improvement, expansion, and/or replacement of the wastewater collection, treatment, and
disposal system of the city.
(Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-173. Billing.
The sewer charges prescribed by this division shall be on the same bill for the city water
charges and garbage collection charges, but each charge shall be shown as a separate item on
the bill. No user so charged for water, sewer, and garbage services may pay either of the
charges without simultaneously paying the charges for the other. Bills for sewer charges where
water and/or garbage service is furnished other than through the city shall be computed as
provided in section 22-167 and rendered at the same time as city water bills.
(Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-174. Delinquent bills.
If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and
after 5:00 p.m. on the fifteenth day from the billing date, dated on the bill, a penalty of ten (10)
percent of the amount due shall be imposed and added to the bill. If the bill remains unpaid
for a period of fifteen (15) additional days, then all services shall be discontinued and shall not
be reconnected until all past due charges have been fully paid together with a reconnect
charge. If, after discontinuation of services, the bill remains unpaid, the city may acquire a lien
on the property being serviced which may be foreclosed within thirty (30) days by the city
unless the bill and the penalties thereon are paid and the lien satisfied.
(Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76; Ord. No. 80-92-51,
§ 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-96-57, § 2, 2-12-96; Ord. No.
80-03-67, § 4, 9-22-03)
Sec. 22-175. Sewer charges applicable if sewer available.
The rates and charges established by this division shall apply to all users whether owner,
tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city
sewer is available for use, whether or not the connection has been made to the sewer. These
charges shall not apply to any nonconnected user, until ninety (90) days after the sewer
becomes available. Where notice of availability of sewer has heretofore been given to owner.
tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days
from the date of the notice, and the city may continence billing procedures upon the expiration
date of the notice.
(Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83)
Supp. No. 28 1298.1
§ 22-176 ATLANTIC BEACH CODE
Sec. 22-176. Revenue generation system established.
A revenue generation system is hereby created which shall be designed to produce adequate
revenue for the following:
(1) Operation and maintenance (including replacement of equipment, accessories, or
appurtenances during the design life of all treatment works necessary to maintain
design capacity and performance) of the sewage system, and
(2) A sewage system capital improvement account to accumulate the equivalent future
value of the grant amount as adjusted for inflationary cost increases. For the purpose
of this requirement, accumulation of the equivalent future value of the grant amount
shall mean total revenue collections and appreciation of such amount. Sewage system
shall mean municipal sanitary sewage facilities; capital improvements shall not
include the replacement or repair of equipment, accessories, or appurtenances neces-
sary to maintain design capacity and performance during the design life of all
treatment works. However, capital improvement may include such repair and replace-
ment if they are a part of a treatment plant or pumping station capacity expansion, or
upgrade necessary to meet more stringent effluent limitations required by a regulatory
agency, or are necessitated as the result of man-made or natural disaster.
(Ord. No. 80-85-28, § 3, 11-11-85)
Sec. 22-177. Disposition of revenues for sewage system capital improvements.
Deposits and withdrawals from the revenue generation sewage system capital improvement
account shall be governed by the following provisions:
(1) Revenue shall be deposited annually (or, at the municipality's election, on a more
frequent basis) into the sewage system capital improvement account not later than the
end of each one-year period beginning with the date of initiation of operation of the
complete grant funded treatment works. The annual deposits (plus investment
income) are intended to accumulate the equivalent future value (based on the
projected annual inflation rate of 7.8%) of the grant amount during the design life of
the grant funded project. The amount of the required yearly deposit shall be
determined according to the following formula:
G = 834,785
DL = 20 years
i = 7.8%
D = Required yearly deposit
D = G X i(1=i)DL
(1=i)°I'-1
D = 834,785 .078(1+.078)0
(1+.078)0 -1
D = 834,785 .078(4.4913326)
4.4913326 - 1
Supp. No. 28 1298.2
UTILITIES § 22-190
D = 834,785 .3503239
3.4913326
D = 834,785 x .10034
D = /83,762/yr. rounded down
D = 6,980/mo.
Where: D equals the amount of the total yearly deposit
G equals the grant amount
DL equals the design life in years of the grant funded project
i equals the projected annual inflation rate which is set at 7.8%
Revenue may also be deposited on other than an annual basis provided the total
amount deposited is equal to, or greater than, the sum of the deposits required at that
time. Prepayments to the account are allowable.
The city may terminate deposits to the account when the sum of all deposits exceeds
(or is equal to) the amount determined by multiplying DL by D where DL and D are as
described above.
(Ord. No. 80-85-28, § 3, 11-11-85)
Sec. 22-178. Use of accrued funds.
The accrued funds shall be used only for sanitary sewer system capital improvements and
may be withdrawn and used any time for this purpose. Since such withdrawn funds represent
previously collected revenues (and income earned thereon) the amount of withdrawn funds
need not be replaced or returned to the capital improvement account.
(Ord. No. 80-85-28, § 3, 11-11-85)
Sec. 22-179. Certification of revenue generation system.
The city shall submit to the Bureau of Wastewater Management, State of Florida, for each
fiscal year, certification by a certified public accountant, that the sewage system capital
improvement account is maintained in accordance with the requirements of the state.
(Ord. No. 80-85-28, § 3, 11-11-85)
Sec. 22-180. Annual deposit to sewage system capital improvement accounts.
The city will deposit annually (or more often at the city's option) into a sewage system
capital improvement account the amount of money required by the revenue generation system
formula described above. It is the intent of the city to provide these funds from impact fees but
should impact fees be insufficient the city shall have the option of increasing the impact fees
or transferring money from the regular user charges provided herein.
(Ord. No. 80-85-28, § 3, 11-11-85)
Secs. 22-181-22-190. Reserved.
Supp. No. 28 1298.3
VEGETATION § 23-17
pruned to remove dead or damaged limbs and to restore this natural shape, and
fertilized as necessary to compensate for any loss of roots and to stimulate root growth.
Any damage to tree crowns or root systems shall be repaired immediately after
damage occurs.
(g) Enforcement; violations and penalties; stopping work, correction of violation; assessment
and recovery of civil penalties.
(1) Notice of violations. Whenever the director has evidence that a violation of any
provision of this subpart [section] has been or is being committed, he shall issue a
written notice or order upon the violator by personal service, certified mail, or by
posting a copy in a conspicuous place on the premises where the violation has occurred
or is occurring. The notice shall briefly set forth the general nature of the violation and
specify the manner and a time within which the violation shall be corrected.
(2) Stopping work. Failure to correct violations within the time period set forth in the
notice of violation shall constitute grounds for the issuance of a stop work order. All
work on the site shall be suspended until the violations have been corrected.
(3) Correction of violation. A violation of this article shall be corrected as follows:
a. By paying the permit fee due the city for the work, which permit fee shall be twice
the amount of the regular permit fee specified on the application which would
have been due had the permit been obtained prior to commencing work, and by
replacing the protected trees removed without a permit with new planted trees,
unprotected trees or transplanted trees. The total caliper inches of the replace-
ment trees shall equal the total caliper inches of the protected trees removed. A
tree replanting plan showing how the damage caused to the site by the violation
will be mitigated shall be subject to the review and approval of the tree
conservation board and the trees installed within the time limit stated on the
permit. Replacement trees shall meet the requirements of subsection (e), except
that the minimum caliper of the replacement tree shall be four (4) inches, and the
plan shall meet the requirements of subsection (d) to the extent applicable; or
b. By paying the permit fee due the city for the work, which permit fee shall be twice
the amount of the regular permit fee specified on the application, which would
have been due had the permit been obtained prior to commencing work, and by
making a contribution to the tree replacement fund to compensate for each
replacement tree which is not planted. The amount of such contribution shall be
determined pursuant to the formula described in subsection (e)(2)i.;
c. If the site has been cleared and the trees have been removed from the site so that
the director is unable to determine with reasonable certainty the number of
protected trees removed in violation of this subpart [section], the violation shall
be corrected by paying a civil fine of up to one dollar ($1.00) per square foot of land
cleared, which fine shall be assessed by the code enforcement board. The
contributions and fines assessed under this subsection shall be payable to the city
immediately within seven (7) days after assessment. All amounts received by the
Supp. No. 28 1359
§ 23-17 ATLANTIC BEACH CODE
city pursuant to this subsection shall be deposited in the tree replacement
account. No work shall continue on the site until the tree replanting plan has
been approved or the contribution and/or fine has been collected.
(4) Appeals. A person aggrieved by an administrative order, determination or decision of
the director may appeal the order, determination or decision to the city commission.
(5) Violation and penalties. A person who violates any provision of this section, and fails
to correct the violation as provided herein, shall, upon conviction thereof, be guilty of
a violation of this article and punished accordingly. A separate offense shall be deemed
to have been committed for each tree removed, damaged, or destroyed contrary to the
provisions of this article.
(6) Judicial remedy. In addition to other remedies and notwithstanding the existence of an
adequate remedy at law, the city may seek injunctive relief in the circuit court to
enforce the provisions of this section. The city shall be entitled to reasonable attorney's
fees and costs, including appellate fees and costs in an action where the city is
successful in obtaining affirmative relief.
(Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-00-73, § 1, 3-27-00)
Sec. 23-18. Reserved.
Sec. 23-19. Tree conservation board.
(a) There is hereby created an administrative body to be known as the tree conservation
board composed of five (5) citizens of the city. Each member shall be appointed and approved
by the city commission. An ex officio member shall be an individual trained in arboriculture,
landscape architecture, forestry or some other closely related field.
(b) All members of the board will serve without pay. Following the expiration of the terms
of office of current board members the term of office shall be for two (2) years and members
may serve a maximum of four (4) consecutive terms. Vacancies caused by death, resignation,
or otherwise shall be filled immediately for the unexpired term in the same manner as the
original appointments are made.
(c) Upon appointment and approval to the board, the members shall meet and organize by
the election of a chairman and secretary. Rules and procedures shall be adopted for the holding
of regular and special meetings as the board shall deem advisable and necessary in order to
carry out its responsibilities.
(d) It is the intent that at least two (2) members of the board, if possible, be engaged in a
business in the city.
(e) The board shall:
(1) Review applications for site clearing and removal and relocation of protected trees, and
render a decision on applications within fifteen (15) calendar days of receipt of such
application and prior to issuance of a permit by the director, as called for in this article.
Supp. No. 28 1360
VEGETATION § 23-20
(2) Require mitigation of protected trees, as called for in this article.
(3) Bring to the attention of the director any violations of this article and recommend
appropriate action toward enforcement and correction, as provided in this article.
(4) Review and make recommendations to the director on requests for modifications of the
standards of this article.
(f) The board shall hold public meetings twice monthly, or at other times established by the
board, to review applications and to discuss issues and projects relevant to its responsibilities.
(g) The board shall review, approve or deny requests for tree removal as called for in section
23-17 and may require mitigation of trees removed. In determining mitigation requirements,
the board shall consider the following:
(1) The existing tree canopy of the lot.
(2) The tree canopy of the adjoining lots.
(3) The topography of the lot.
(4) The efforts of the applicant to minimize the loss of trees, through the size and design
of the structure.
(5) The cumulative effects of the tree loss.
(6) Tree removals will be consistent with the intent of this article and will not be
detrimental to the public welfare.
(h) The board shall authorize or deny review, approve or deny requests for exceptions as
called for in section 23-25. The board shall disseminate news and information to the public
regarding the protection, maintenance, removal and planting of trees. The board shall prepare
a list of trees suitable for planting street rights-of-way, parks, and other public places and
certain private property as may be needed.
(Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 5-03-42, § 3, 7-14-03)
Sec. 23-20. Removal of members.
Any member of the tree conservation board may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend (3)
consecutive meetings without cause shall have his office declared vacant unless the member's
absence is excused by a majority of the hoard members, and the city commission shall promptly
fill such vacancy.
(Ord. No. 5-03-42, § 3, 7-14-03)
Sec. 23-21. Reserved.
Supp. No. 28
1361
§ 23-22 ATLANTIC BEACH CODE
Sec. 23-22. Inspections.
The city shall have the authority to perform inspections of the subject property during
development for the purpose of ensuring compliance with this article. The applicant must pass
inspections before further work is performed on the project.
(Ord. No. 95-95-64, § 1, 2-12-96)
Secs. 23-23, 23-24. Reserved.
Sec. 23-25. Exceptions.
Requests for modification of the standards of this article shall be made to the tree
conservation board. Upon receipt of such a request, the board shall thoroughly consider its
merit and render a decision within thirty (30) days. The request shall clearly and in detail
state what modification or exception is being sought and the reasons such a request is
warranted. The board may grant, modify or deny the request based on protection of the public's
interest, preservation of the intent of this article, or possible unreasonable or unnecessary
hardship involved in the case.
(Ord. No. 95-95-64, § 1, 2-12-96)
Secs. 23-26-23-35. Reserved.
ARTICLE III. ACCUMULATION OF WEEDS*
Sec. 23-36. Height of growth.
No owner or person in control of any lot, place or area within the city, or the agent of the
owner or person in control, shall permit on such lot, place or area, or upon any abutting area
between the right-of-way line/property line, any weeds, grasses or other deleterious, unhealth-
ful growth to exceed a height of twelve (12) inches. Exceptions to the provisions of this article
shall apply to those properties located in undeveloped areas of the city which are at least
twenty (20) feet from the nearest occupied residential or business property, and which are at
least twenty (20) feet away from an adjoining right-of-way in which there is a paved street.
(Ord. No. 55-82-19, § 1, 3-22-82)
Sec. 23-37. Notice to cut, destroy, etc.
The city manager or his designee annually or near the commencement of the growing
season, shall notify by general publication in a newspaper published within the city, all such
owners, persons in control, or agents to cut, destroy, or remove any such weeds, grass, growth
or matter found growing, or located on such property.
(Ord. No. 55-82-19, § 2, 3-22-82)
*Cross reference—Refuse and garbage, Ch. 16.
Supp. No. 28 1362
VEGETATION
Sec. 23-38. Action upon noncompliance.
§ 23-46
Upon the failure, neglect, or refusal of any such owner, person in control, or agent, so
notified to cut, destroy or remove any such weeds, grass, growth, after publication of a notice
provided in section 23-37 above, the city or its authorized agent shall cut, destroy or remove
any weeds, grass, growth or matter, and any expense incurred by the city or its authorized
agent in doing so shall be charged against the property owner, person in control, or agents so
failing, which charge may be recovered; provided, that no land clearance made necessary by
excessive growth shall be done unless the city or its authorized agent shall first post a notice
on the property to clear the excessive growth and the owner, person in control, or agent shall
have seven (7) days after such notice to so clear the land.
(Ord. No. 55-82-19, § 3, 3-22-82)
Sec. 23-39. Removal by city.
If, within seven (7) days after posting of the notice and the condition described, the notice
is not then remedied, the city manager shall cause the condition to be remedied by the city at
the expense of the property owner.
(Ord. No. 55-82-19, § 4, 3-22-82)
Sec. 23-40. Payment of charges, special assessment liens.
After causing the condition to be remedied, the city manager or his designee shall certify to
the finance department the expense incurred in remedying the condition, whereupon such
expense, plus a charge equal to one hundred (100) percent of the expense to cover city
administrative expenses, plus advertising costs, shall become payable within thirty (30) days,
after which a special assessment lien and charge will be made upon the property, which shall
be payable with interest at a rate of ten (10) percent per annum from the elate of the
certification until paid.
(Ord. No. 55-82-19, § 5, 3-22-82)
Secs. 23-41-23-45. Reserved.
ARTICLE IV. HISTORIC TREE PRESERVATION..
Sec. 23-46. Intent.
It is the intent of the city commission in designating historic preserve corridors to protect
historically significant tree coverage and landscaping from destruction and to enhance the
aesthetic appearance of certain streets within the city.
(Ord. No. 95-02-79, § 1, 10-14-02)
``Editor's note—Ord. No. 95-02-79, §§ 1-5, adopted October 14, 2002, enacted provisions
which were amendatory of Ch. 23, but did not specify their placement within the chapter.
These provisions have been included herein as a new Art. IV at the discretion of the editor.
Supp. No. 28 1363
§ 23-47 ATLANTIC BEACH CODE
Sec. 23-47. Designation of historic preserve corridors.
The city commission may from time to time designate, by ordinance, historic preserve
corridors. In so doing, the city commission will specifically identify those streets, or portions
thereof, which shall be so designated. In considering whether roadways or portions thereof
shall be designated as historic preserve corridors, the city commission may consider the
following criteria:
(a) The presence of historically significant tree coverage or landscaping, as individual
plants or in groupings.
(b) The presence of significant historic or architectural structures with associated tree
coverage or landscaping.
(c) The presence of culturally significant tree coverage or landscaping.
(d) Requests from private property owners that colonnades on their property shall be so
designated. In the event that colonnades on private property are so designated, it shall
be the responsibility of the private property owners to record a restrictive covenant or
such other document as is necessary to preserve such designation on any subsequent
owners of their property.
(Ord. No. 95-02-79, § 2, 10-14-02)
Sec. 23-48. Effect of historic preserve corridor designation.
(a) Trees or landscape groupings on streets, or portions thereof, which have been desig-
nated as historic preserve corridors shall not be damaged, mutilated or removed from public
or private property by any person or entity, public or private, without prior approval of the tree
conservation board or the city commission, except in the event of an emergency. Removal shall
be permitted by the tree conservation board or the city commission in the following conditions:
(1) When safety of the general public or adjacent residents or property is threatened by
such historic trees; or
(2) Removal is necessary for ingress to and/or egress from the property; or
(3) Special circumstances exist, such as the necessity of handicap accessibility, which
require removal; or
(4) There is another valid, legitimate reason for removal.
(b) 'frees, tree groups, or landscape groups designated by the city commission as a part of
an historic preserve corridor shall be so designated by signs or markers of a type to be
determined by the city commission. Said signs or markers shall contain the words "Historic
Preserve Corridor" and shall denote the date of designation and the historic significance of the
tree, tree group or landscape group.
(Ord. No. 95-02-79, § 3, 10-14-02)
Supp. No. 28 1364
VEGETATION § 23-50
Sec. 23-49. Designated corridors.
Upon designation of corridors, professional tree surveys shall be obtained and placed in the
public record. The city commission hereby designates the following as historic preserve
corridors:
The public colonnade of palms in the rights-of-way on the east and west sides of Ocean
Boulevard and East Coast Drive from Atlantic Boulevard to Tenth Street as indicated on the
survey prepared by Donn W. Boatwright dated December 27, 2000, File No. 2001-144.
(Ord. No. 95-02-79, § 4, 10-14-02)
Sec. 23-50. Penalties for violation.
Unauthorized damage, mutilation or removal of any tree, which is a part of any designated
historic preserve corridor, shall constitute a violation of this article. Examples of unauthorized
damage or mutilation shall include, but are not limited to, girdling of trunks with string
trimmers or other lawn equipment, punctures, including those caused by tree climbing spikes,
removal of live green leaves or fronds, and destruction of the root system.
Each violation shall be reviewed by the tree conservation board which may require
mitigation as provided in article II of this chapter, tree protection, section 23-15 and following.
(Ord. No. 95-02-79, § 5, 10-14-02)
[The next page is 1403]
Supp. No. 28 1365
CODE COMPARATIVE TABLE
Ordinance Adoption
Number Date
Section
Section
this Code
Added 11-1-11-6
5-00-33 8-28-00 1 2-20
45-00-15 9-11-00 1 20-59
80-00-62 9-25-00 1 22-20
2 22-27
3 22-27.1(a)
4 22-166
5 22-167
95-01-77 1-22-01 1 4-30
80-01-63 2-26-01 1, 2 Added 22-4, 22-5
90-01-170 2-26-01 1 24-167
5-01-34 5-28-01 1 2-361
5-01-35 6-11-01 1 2-80, 2-81
Dltd 2-82
2 Added 2-84-2-87
01-15(Res.) 7- 9-01 1 21-51
58-01-28 10- 8-01 1 2-281(b)
2 2-310.10(b)
5-01-36 11-12-01 1 2-19
90-01-172 11-26-01 2 Added 24-1-24-258
3 Rpld 24-1-24-258
60-01-11 12-10-01 1 17-17
45-01-16 1-14-02 1 20-59
80-01-64 1-14-02 1 22-3
2 22-4
10-02-21 1-28-02 1 3-2
90-02-174 2-11-02 1 24-163(b)(2)
05-02-37 7- 8-02 1 2-2
70-02-15 8-12-02 20-76, 20-77
60-02-12 9- 9-02 2 Added 17-1-17-64
3 Rpld 17-1-17-35
90-02-176 9- 9-02 1 24-66
5-02-38 9-23-02 1 2-368
25-02-33 9-23-02 1 6-37
2 6-59
3 6-77
80-02-65 9-23-02 2 22-335(a)
90-02-177 9-23-02 1 Added 24-69
5-02-39 10-14-02 1 2-20
95-02-79 10-14-02 1-5 Added 23-46-23-50
25-02-32 11-11-02 1 Rpld 6-16-6-23, 6-25-6-
28, 6-31, 6-56, 6-76,
6-91, 6-92, 6-141
2 Added 6-16, 6-17
95-02-80 11-11-02 1 12-1(b)
5-02-40 12- 9-02 2-226
95-03-83 1-27-03 1 Rpld 5-1-5-31
Supp. No. 28 2001
ATLANTIC BEACH CODE
Ordinance Adoption Section
Number Date Section this Code
Added 5-1-5-31
95-03-82 1-27-03 1 Added 5-32
80-02-66 1-27-03 1 22-20
2 22-22
90-03-178 1-27-03 1 Added 24-171
60-03-13 3-24-03 2 17-51
90-03-180 3-24-03 24-67(d)
65-03-32 4-14-03 1 Added 19-5
5-03-41 4-28-03 1 2-316
90-03-182 5-12-03 1 Dltd 24-186-24-258
Added 24-186-24-260
95-03-84 5-27-03 1 Added 13-12
57-03-21 6- 9-03 1 Rpld 15-16, 15-17, 15-19-
15-22
75-03-15 6- 9-03 1 Added 19-6
45-03-17 6-23-03 1 20-59
5-03-42 7-14-03 1 2-141(a), 2-142
2 14-18,14-19
3 23-19(b)
Added 23-20
60-03-14 7-14-03 17-27, 17-29, 17-64
25-03-34 9-22-03 1 8-5, 8-7, 8-33
2 8-5, 8-33(c)
80-03-67 9-22-03 1 22-27
2 22-166
3 22-167
4 22-174
5 22-29
6 22-4
7 22-2
95-03-85 10-13-03 1 4-11(2), 4-23, 4-24,
4-30(b)(3)
2 4-11, 4-30
3 Rpld 4-22
Supp. No. 28 2002
[The next page is 2043]
F.S.
Section
590.12
Ch. 633
633.35
633.121
633.171
Ch. 650
650.02
650.05
674.105
Ch. 679, Pt. V
Ch. 705
705.16
Ch. 760
760.20
760.22
760.23
760.24
760.25
760.29
760.37
Ch. 767
767.12
768.28
775.082
775.083
775.084
Ch. 790
790.15
Ch. 791
806.13
Ch. 823
Ch. 828
828.27
847.001
876.05
893.03
893.138
STATUTORY REFERENCE TABLE
Section
this Code
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)
13-12(a)(4)
21-63
Ch. 15,
Art. II(note)
21-24
Ch. 2,
Art. II(note)
Ch. 9(note)
Ch. 9,
Art. II(note)
9-16
9-17
9-18
9-22
9-23
9-24
Ch. 3,
Art. II(note)
4-26
4-12(1-4)
2-1(b)(1)
4-12(1-3)
4-12(1-3)
4-12(3)
15-22(g)(3)
13-3
Ch. 7(note)
7-39
6-111
22-57
Ch. 12(note)
4-5
4-30
17-2
Char., § 68
13-4
13-5
2-161
Supp. No. 28 2055
F.S.
Section
893.147
932.701
943.13
943.14
943.22
943.25(8)(a)
Section
this Code
13-5
Ch. 15,
Art. II(note)
2-262
2-262, 2-301
2-262
2-301
15-1
[The next page is 2081]
CODE INDEX
Section
ANIMALS AND FOWL (Cont'd.)
Impoundment for unregistered dogs and cats 4-23
Leashing dogs 4-25
Muzzles
Dogs to be muzzled 4-25
Rabies
Dogs or cats suspected of having rabies 4-29
Registration and tagging
Impoundment of unregistered dogs or cats 4-23
Running at large 4-24
Enforcement 4-1
Hogs, keeping 4-7
Impounding officer
Interfering with 4-2
Impounding vehicles
Breaking open fastenings, etc.; letting loose animals; etc. 4-3
Impoundment for unregistered dogs and cats 4-23
Injuries caused by animals 4-9
Interfering with officers 4-2
Noise
Dogs or cats disturbing the peace 4-27
Loud and raucous noises 11-2
Nuisances. See also that subject
Allowing animal carcass to remain in place 12-1(b)(1)
Birds constituting nuisance 4-4
Dogs or cats running at large, etc 4-24
Keeping, feeding, etc., hogs, horses, chickens, etc., which
may be injurious to health and well-being of persons 12-1(b)(5)
Public sewers
Depositing animal excrement 22-71
Registration
Dogs and cats. See herein that subject
Removal of animals from animal shelter or impounding
vehicles 4-3
Running at large
Dogs and cats. See herein that subject
Stables, maintaining 4-7
ANNEXATION
Certain ordinances saved from repeal 1-5
APPROPRIATIONS. See: FINANCES
ARRESTS
Arsonists
Reward for information leading to arrest and conviction . 7-2
ARSONISTS
Reward for information leading to conviction of 7-2
ASSESSMENTS
Additional court costs assessed for police training 15-1
Supp. No. 28 2103
CODE
Section
ASSESSMENTS (Cont'd.)
Insurance premium taxes, assessment of 20-76, 20-77
Special assessment liens 23-40
ATTORNEY. See: CITY ATTORNEY
AUDITS
Uniform travel policy and procedure
Auditing of travel expense reports or vouchers
B
BAIL BONDS
Additional court costs assessed for police training
Forfeited bail bonds
2-365
15-1
BARRICADES
Building sewers and connections
Barricading, restoring excavations 22-111
BASEMENTS
Abandoned basements, nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
BEACHES
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Animals
Dogs and cats running at large 4-24
Dogs upon beaches to leashed, muzzled, etc. 4-25
Beach safety zone
Animals 5-17
Use of vehicles 5-1G
Closing during emergencies 5-1
Lifeguards
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc. 2-6
Parking of sailboats not to obstruct lifeguard activities 5-6
Lighting of fires 5-3
Littering 5-4
Motorized apparatus
Beach safety zone, use of vehicles 5-16
Operating within two hundred feet of beach 5-7
Parks, playgrounds and recreation. See also that subject
Fees and charges 5-32
Public parks; use prohibited after dark 5-31
Sailboats, catamarans, vessels
Motorized apparatus. See herein that subject
Parking 5-8
Sailboats parked not to obstruct lifeguard activities 5-6
Supp. No. 28 2104
CODE INDEX
CROSSWALKS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended on crosswalk
Stopping, standing or parking vehicle on or within cross-
walks
CRUELTY TO ANIMALS
Generally
CURFEW
Provisions re minors in public places
See: MINORS
D
DEATHS OF CITY EMPLOYEES
Retirement system provisions
See also: OFFICERS AND EMPLOYEES
DEFACING PROPERTY, ETC.
Building numbers
Removing or defacing
Public sewers
Defacing, damaging, etc.
Streets, sidewalks and other public places
Digging into, defacing, etc., streets, avenues, driveways,
etc
DEPARTMENTS AND OTHER AGENCIES OF CITY
City commission
See: CITY COMMISSION
Code enforcement board
See: CODE ENFORCEMENT BOARD
Community development board
See: PLANNING
Definition
Department of finance
See: FINANCES
Department of public utilities
See: UTILITIES
Department of public works
See: PUBLIC WORKS AND IMPROVEMENTS
Fire department
See: FIRE DEPARTMENT
Lifeguard division
Local planning agency
Nuisance control board
See: NUISANCES
Officers and employees. See that subject
Board of trustees of city employee's retirement system
Police officers' retirement system board of trustees
Supp. No. 28 2111
Section
21-25(a)(1)
2147(5), (6)
4-5
13-153 et seq.
2-283, 2-284
6-111
22-57
19-2
2-16 et seq.
2-141 et seq.
14-16 et seq.
1-2
2-71 et seq.
2-84 et seq.
2-79 et seq.
2-61 et seq.
2-63
14-22
2-161 et seq.
2-264 et seq.
2-303 et seq.
CODE
DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.)
Police department
See: POLICE DEPARTMENT
Tree conservation board
Zoning administration
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
DEVELOPMENT
Community development board
See: PLANNING
DISABLED PERSONS
City employees retirement system
Disability retirement
See also: OFFICERS AND EMPLOYEES
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, subdivision and land development regulations
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
DISTURBANCES OF THE PEACE
Animals and fowl
Dogs or cats disturbing the peace generally
DOGS
Regulated
See: ANIMALS AND FOWL
Supp. No. 28 2112
Section
2-51 et seq.
23-19, 23-20
24-46 et seq.
14-16 et seq.
2-279, 2-280
2-310.9
2-310.8
14-20(12)
9-16 et seq.
4-1 et seq.
14-20(12)
8-1 et seq.
24-1 et seq.
4-27
4-21 et seq.
CODE INDEX
POLLUTION (Cont'd.)
Public sewers
Discharging polluted waters into natural outlets, etc
PRECEDING, FOLLOWING
Defined
PRIVIES, PRIVY VAULTS
Constructing
Section
22-72
1-2
22-73
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 PLACES. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
PUBLIC SAFETY
Director of public safety 2-41
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Fire prevention and life safety 7-16 et seq.
See: FIRE PREVENTION AND PROTECTION
Police department 2-51 et seq.
See: POLICE DEPARTMENT
PUBLIC SERVICE TAX
Provisions re 20-16 et seq.
See: TAXATION
PUBLIC UTILITIES
Department of 2-84 et seq.
See: UTILITIES
PUBLIC WORKS AND IMPROVEMENTS
Community development board 14-16 et seq.
See: PLANNING
Department of public works
Created 2-79
Director of public works/city engineer
Appointment, compensation 2-80
Duties generally 2-81
Duties, other 2-83
Supp. No. 28 2137
CODE
Section
PURCHASES, PURCHASING
Bids
Award of contract 2-335
Deposits or bonds 2-333
Exceptions 2-336
Notices inviting 2-332
Opening procedure 2-334
When required 2-331
Open market procedures 2-337
Payments 2-339
Scope of purchasing authority 2-338
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
RADIOACTIVE WASTES OR ISOTOPES
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130(7)
RADIOS
Loud and raucous noises 11-2
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 18-2
RELIGIOUS DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
RENTALS
Fair housing 9-16 et seq.
See: FAIR HOUSING
Supp. No. 28 2138
CODE INDEX
Section
SIGNS AND ADVERTISING STRUCTURES (Cont'd.)
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Definitions and references to other chapters within this Code 17-2
Intent 17-1
"No Solicitation" sign, posting of 18-5
Nonconforming signs and waiver to certain provisions
Application 17-62
Calculation of permitted sign size 17-63
Fees 17-64
Nonconforming signs 17-51
Permit required 17-61
Requests to waive certain terms of this chapter 17-52
Residential parking permit signs, posting of 21-27(d)
Signs permitted
Banner signs 17-33
Exempt signs 17-26
General provisions applying to all permitted signs 17-27
Signs permitted within commercial and industrial zoning
districts 17-29
Signs permitted within residential zoning districts 17-28
Signs placed on public buildings and structures and within
public parks 17-32
Signs within conservation (CON) zoning districts 17-31
Signs within special purpose (SP) and planned unit devel-
opment (PUD) zoning districts 17-30
SLEEPING
Loitering, sleeping, etc., in streets, parks, etc 13-2
SMOKE DETECTORS
Fire prevention and life safety
Smoke detection power source 7-33
SOCIAL SECURITY
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND EMPLOYEES
SOLICITATION
Aggressive solicitation prohibited 13-12
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
Supp. No. 28 2141
CODE
Section
SOLICITORS, PEDDLERS, ETC. (Cont'd.)
Registration required 18-2
Revocation 18-7
Prohibitions 18-4
Regulations generally 18-4
Violations and penalties 18-9
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
SPRINKLER SYSTEMS
Fire prevention and life safety
Automatic fire sprinkler requirements
STABLES
Maintaining
7-31
4-7
STAGNANT WATER
Nuisances. See also that subject
Allowing or permitting stagnant water to accumulate .... 12-1(b)(4)
STATE MISDEMEANORS
Committing 13-1
STATE OF FLORIDA
Definition 1-2
STATE TRAFFIC LAW
Adoption of Florida Uniform Traffic Control Law 21-1
STOPPING OF VEHICLES
Regulated 21-16 et seq.
See: TRAFFIC
STORAGE
Abandoned, wrecked, junked, inoperative, etc., vehicles
Parking, storing or leaving longer than seventy-two hours
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Garbage and refuse 16-2(b)
Towing and storage, charges for 21-51
See also: WRECKER SERVICE
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
STORMWATER MANAGEMENT
Billing 22-310
Collection 22-310
Comprehensive plan re 22-304
Supp. No. 28 2142
CODE INDEX
Section
STORMWATER MANAGEMENT (Cont'd.)
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
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 2i -25(a)(2)
Supp. No. 28 2143
CODE
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
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
Historic tree preservation 23-46 et seq.
See: TREES AND SHRUBBERY
Intersections
Sight distance requirements and safety zones 19-5
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
Nuisances. See also that subject
Acts, occurrences and conditions constituting nuisances
and public places 12-1
Discharging water from water -source heat pumps onto
public streets 12-1(b)
Storing, depositing, etc., garbage, sewage, etc., in streets12-1(b)(2)
Numbering of buildings. See also: BUILDINGS AND BUILD-
ING REGULATIONS
Assigning street numbers 6-110
Street numbering districts designated 6-109
Obstructing passage upon public streets, etc 13-2
Obstructions to streets
Stopping, standing or parking vehicles alongside or oppo-
site street excavation or obstruction 21-17(7)
Opening, accepting, etc.
Certain ordinances saved from repeal 1-5
Public place defined 1-2
Safety zones 19-5
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)
On sidewalks 21-17(1)
Subdivision regulations 24-186
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Traffic calming devices 19-6
Vacating
Certain ordinances saved from repeal 1-5
Waterworks system
Extensions of water mains in existing streets 22-38
Supp. No. 28 2144
CODE INDEX
Section
SUBDIVISIONS. See: ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS
Supp. No. 28 2144.1
CODE INDEX
Section
TRAFFIC (Cont'd.)
Street excavations
Abandoned, wrecked, junked, etc., vehicles left unattended
alongside or opposite street excavations 21-25
Stopping, standing or parking vehicles alongside or oppo-
site street excavations 21-17(7)
Traffic calming devices 19-6
Traffic -control signs, signals and devices
Compliance with signs prohibiting parking 21-19
Stopping, standing or parking vehicles
Compliance with signs prohibiting parking required21-19
Parking limitations where signs are erected 21-20
Stopping, standing or parking vehicles where official
signs prohibit stopping or parking 21-17(7)
Washing, greasing or repairing vehicles
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
Standing or parking vehicle for purpose of 21-21
TRAILERS. See: MOBILE HOMES AND RECREATIONAL
VEHICLES
TRANSPORTATION
Uniform travel policy and procedure 2-632
TRAPPING
Trapping birds, wild fowl, etc. 4-4
TRASH. See: GARBAGE AND REFUSE
TRAVEL
Uniform travel policy and procedure
Auditing 2-365
Authority to incur travel and business expenses 2-357
Authorized travel 2-363
Definitions 2-356
Expense forms and regulations 2-359
Fraudulent claims 2-366
Funding 2-358
Reimbursable incidental expenses 2-364
Schedule for meal allowance and accommodations 2-360
Subsistence 2-361
Transportation 2-362
TRAVEL TRAILERS. See: MOBILE HOMES AND RECRE-
ATIONAL VEHICLES
TREES AND SHRUBBERY
Code enforcement board's jurisdiction re 2-146
Garbage and refuse collection and disposal
Garden trash, compost piles 16-7
Leaves and grass clippings; tree trunks limbs, etc 16-5
Supp. No. 28 2149
CODE
Section
TREES AND SHRUBBERY (Cont'd.)
Historic tree preservation
Historic preserve corridors
Designated corridors 23-49
Designation, procedures 23-47
Effect of designation 23-48
Intent 23-46
Penalties for violation 23-50
Roadway safety zones; planting on 19-5
Tree conservation board
Created; functions 23-19
Removal of members 23-20
Tree protection
Applicability 23-17
Definitions 23-16
Development 23-17
Enforcement 23-17
Exceptions 23-25
Inspections 23-22
Intent 23-15
Mitigation 23-17
Permits 23-17
Removal of trees 23-17
Standards 23-17
Violations and penalties 23-17
Waterworks system
Water shortages; irrigation of ornamentals, ferns, foliage,
etc 22-39
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
TRUCKS
Weight requirements for commercial, recreational, etc., ve-
hicles
21-22
TRUSTS
Definition of "person" to include trusts 1-2
U
UNDERGROUND WIRING
Mobile home parks and recreational vehicle parks 10-2(4)
UTILITIES
Generally
Accounts receivable write-offs 22-5
Authority to adjust or waive charges in appropriate cases 22-4
Combined sewer and water systems 22-1
Return investment policy for Buccaneer plant 22-2
Voluntary collection program to assist needy with utility
bills 22-3
Supp. No. 28 2150
CODE INDEX
Section
UTILITIES (Cont'd.)
Public service tax 20-16 et seq.
See: TAXATION
Supp. No. 28 2150.1