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AB Code Supplement 30SUPPLEMENT NO. 30 November 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. 80-04-69, adopted July 26, 2004. 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) 171-188.26 171-188.31 245-248 245-248 409-410.2 409-410.11 533-535 533-534.1 735-738 735-737 793-795 793-796 1279-1282 1279-1282.2 1295-1298.3 1295-1298.1 1497, 1498 1497-1498.1 2001, 2002 2001-2003 2053-2055 2053-2055 2101-2106.1 2101-2106 2119, 2120 2119-2120.1 2131, 2132 2131, 2132 2153-2157 2153-2157 2159, 2160 2159-2160.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1 -800 -262 -CODE Website: www.municode.com TABLE OF CONTENTS Officials of the City Preface Adopting Ordinance Checklist of Up -to -Date Pages PART I CHARTER Charter Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. I. Incorporation; Form of Government; Powers II. The Commission III. The City Manager IV. The City Clerk V. The City Attorney VI. Department of Public Safety VII. Budget VIII. Department of Finance IX. Elections X. Initiative and Referendum XI. Recall Elections XII. Franchises XIII. Tax Administration XIV. Zoning XV. Municipal Borrowing XVI. Suits Against the City XVII. General and Miscellaneous Provisions XVIII. When Act Takes Place Charter Comparative Table—Special Acts Charter Comparative Table—Ordinances Chapter 1. PART II CODE OF ORDINANCES General Provisions Page v vii [1] 1 1 5 9 10 10 11 11 11 12 15 17 18 18 18 18 23 23 28 79 91 103 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. 30 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 188.8 Art. VII. Finance 188.30 Div. 1. Generally 188.30 Div. 2. Purchasing 190 Div. 3. Unifoixn 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 410.11 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 469 Art. I. In General 469 Art. II. Fire Prevention and Life Safety 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 526.1 Art. III. Flood Hazard Reduction Standards 530 9. Human Relations Art. I. In General Supp. No. 30 g 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 794 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. 30 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. W. 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 1427 Div. 1. Generally 1427 Div. 2. Administration 1428 Div. 3. Application Procedures 1434 Div. 4. General Provisions and Exceptions 1445 Div. 5. Establishment of Districts 1453 Div. 6. Planned Unit Development (PUD) 1473 Div. 7. Supplementary Regulations 1480 Div. 8. Landscaping 1498.1 Art. IV. Subdivision Regulations 1505 Div. 1. Generally 1505 Div. 2. Application Procedure 1508 Div. 3. Required Improvements 1515 Div. 4. Assurance for Completion and Maintenance of Improvements 1517 Div. 5. Design and Construction Standards 1519 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. 30 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 29 159, 160 27 v, vi OC 161, 162 27 vii, viii 1 163, 164 25 ix, x 30 165, 166 28 xi, xii 30 167, 168 28 1, 2 19 169, 170 18 3, 4 14 171, 172 30 5, 6 14 173, 174 30 7, 8 14 175, 176 30 9, 10 14 177, 178 30 11, 12 14 179, 180 30 13, 14 14 181, 182 30 15, 16 14 183, 184 30 17, 18 14 185, 186 30 19, 20 14 187, 188 30 21, 22 14 188.1, 188.2 30 79 5, Add. 188.3, 188.4 30 91 19 188.5, 188.6 30 103, 104 OC 188.7, 188.8 30 105, 106 OC 188.9, 188.10 30 107, 108 13 188.11, 188.12 30 155, 156 26 188.13, 188.14 30 156.1 26 188.15, 188.16 30 Supp. No. 30 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 188.17, 188.18 30 479, 480 20 188.19, 188.20 30 521, 522 6 188.21, 188.22 30 523, 524 28 188.23, 188.24 30 525, 526 28 188.25, 188.26 30 526.1 28 188.27, 188.28 30 527, 528 6 188.29, 188.30 30 529, 530 6 188.31 30 531, 532 6 189, 190 27 533, 534 30 191, 192 22 534.1 30 192.1, 192.2 22 577, 578 OC 192.3 22 579, 580 OC 193, 194 25 581 OC 195, 196 26 631, 632 OC 245, 246 30 683, 684 24 247, 248 30 685 24 299, 300 18 735, 736 30 301, 302 22 737 30 303, 304 22 787, 788 8 305, 306 28 789, 790 8 307, 308 28 791, 792 28 309, 310 28 793, 794 30 311 28 795, 796 30 353, 354 27 839, 840 28 355, 356 27 841, 842 5 407, 408 27 843 5 409, 410 30 891, 892 28 410.1, 410.2 30 943,94A 16 410.3, 410.4 30 945, 946 16 410.5, 410.6 30 947, 948 20 410.7, 410.8 30 949 20 410.9, 410.10 30 995, 996 26 410.11 30 997, 998 26 411, 412 27 999, 1000 26 413, 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 Supp. No. 30 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1107, 1108 27 1299, 1300 OC 1109 28 1301, 1302 11 1157, 1158 23 1303, 1304 11 1159, 1160 2 1305, 1306 11 1161, 1162 21 1307, 1308 26 1163, 1164 28 1351, 1352 27 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 29 1221, 1222 21 1405, 1406 29 1223, 1224 23 1407, 1408 29 1225, 1226 23 1409, 1410 29 1226.1 23 1411, 1412 29 1227, 1228 12 1413, 1414 29 1229, 1230 12 1415, 1416 29 1231, 1232 25 1417, 1418 29 1233, 1234 25 1419, 1420 29 1235, 1236 21 1421, 1422 29 1237, 1238 21 1423, 1424 29 1239, 1240 21 1425, 1426 29 1275, 1276 28 1427, 1428 29 1277, 1278 28 1429, 1430 29 1279, 1280 30 1431, 1432 29 1281, 1282 30 1433, 1434 29 1282.1, 1282.2 30 1435, 1436 29 1283, 1284 28 1437, 1438 29 1284.1, 1284.2 28 1439, 1440 29 1284.3, 1284.4 28 1441, 1442 29 1284.5, 1284.6 28 1443, 1444 29 1285, 1286 OC 1445, 1446 29 1286.1, 1286.2 23 1447, 1448 29 1287 23 1449, 1450 29 1288.1 16 1451, 1452 29 1289, 1290 OC 1453, 1454 29 1291, 1292 OC 1455, 1456 29 1293, 1294 OC 1457, 1458 29 1295, 1296 30 1459, 1460 29 1297, 1298 30 1461, 1462 29 1298.1 30 1463, 1464 29 Supp. No. 30 [3] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1465, 1466 29 2053, 2054 30 1467, 1468 29 2055 30 1469, 1470 29 2081, 2082 14 1471, 1472 29 2083, 2084 14 1473, 1474 29 2085, 2086 14 1475, 1476 29 2087, 2088 14 1477, 1478 29 2101, 2102 30 1479, 1480 29 2103, 2104 30 1481, 1482 29 2105, 2106 30 1483, 1484 29 2107, 2108 27 1485, 1486 29 2109, 2110 27 1487, 1488 29 2111, 2112 28 1489, 1490 29 2113, 2114 27 1491, 1492 29 2115, 2116 27 1493, 1494 29 2117, 2118 27 1495, 1496 29 2119, 2120 30 1497, 1498 30 2120.1 30 1498.1 30 2121, 2122 27 1499, 1500 29 2123, 2124 27 1501, 1502 29 2125, 2126 27 1503, 1504 29 2127, 2128 27 1505, 1506 29 2129, 2130 27 1507, 1508 29 2131, 2132 30 1509, 1510 29 2133, 2134 27 1511, 1512 29 2135, 2136 27 1513, 1514 29 2137, 2138 28 1515, 1516 29 2139, 2140 27 1517, 1518 29 2141, 2142 28 1519, 1520 29 2143, 2144 29 1521, 1522 29 2144.1 29 1523, 1524 29 2145, 2146 27 1525, 1526 29 2147, 2148 27 1983, 1984 OC 2149, 2150 28 1985 OC 2150.1 28 1987, 1988 OC 2151, 2152 27 1989, 1990 OC 2153, 2154 30 1991, 1992 2 2155, 2156 30 1993, 1994 6 2157 30 1995, 1996 13 2159, 2160 30 1997, 1998 18 2160.1 30 1999, 2000 24 2161, 2162 29 2001, 2002 30 2163, 2164 29 2003 30 2165, 2166 29 2043 OC 2167, 2168 29 Supp. No. 30 [4] ADMINISTRATION § 2-167 Sec. 2-163. Designation of chairman and vice chairman. The city commission shall designate the chairman and vice chairman from among the board members. (Ord. No. 95-89-40, § 3, 6-12-89) Sec. 2-164. Certificate of appointment or reappointment. A certificate of the appointment or reappointment of a board member shall be filed with the city clerk and such certificate shall be conclusive evidence of the due and proper appointment of such board member. Each board member shall hold office until his successor has been appointed and qualified. (Ord. No. 95-89-40, § 4, 6-12-89) Secs. 2-165, 2-166. Reserved. Editor's note—Sections 2-165 and 2-166 concerning the initial board members, their terms, and officers, which derived from § 5 and § 6 of Ord. No. 95-89-40, have not been set out herein since the aforesaid provisions were specific and temporary Sec. 2-167. Complaints; hearings; declaration of public nuisance. (a) The board shall hear complaints regarding certain nuisances as described herein. Any place or premises which have been used on more than two (2) occasions as the site of the unlawful sale or delivery of controlled substances may be declared to be a public nuisance. (b) Any employee, officer or resident of the city may bring a complaint before the board after giving not less than three (3) days' written notice of such complaint to the owner of the place or premises at his last known address. (c) The board shall conduct a hearing during which the owner of the premises shall have an opportunity to present evidence in his defense. After considering any evidence, including evidence of the general reputation of the place or premises, the board may declare the place or premises to be a public nuisance as described herein. (d) If the board declares a place or premises to be a public nuisance, it may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises; or (3) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. Any such order entered shall expire after one year or at such earlier time as stated in the order. (Ord. No. 95-89-40, § 7, 6-12-89) Supp. No. 30 171 § 2-168 ATLANTIC BEACH CODE Sec. 2-168. Permanent injunctions. The board may bring a complaint under Florida Statutes Section 60.05 seeking a permanent injunction against any nuisance described herein. (Ord. No. 95-89-40, § 8, 6-12-89) Sec. 2-169. Restrictions. This division does not restrict the right of any person to proceed under Florida Statutes Section 60.05 against any public nuisance. (Ord. No. 95-89-40, § 9, 6-12-89) Secs. 2-170-2-225. Reserved. ARTICLE VL EMPLOYEE BENEFITS* DIVISION 1. GENERALLY Sec. 2-226. Reserved. Editor's note—Ord. No. 5-04-43, adopted Feb. 23, 2004, deleted § 2-226, which pertained to holiday schedule and derived from Ord. No. 5-86-17, § 1, 10-27-86; Ord. No. 5-94-25, § 1, 1-24-94; and Ord. No. 5-02-40, 12-9-02. Secs. 2-227-2-240. Reserved. DIVISION 2. OLD -AGE AND SURVIVORS INSURANCEt Sec. 2-241. Statement of policy. It is hereby declared to be the policy and purpose of the city to extend, effective as of January 1, 1951, to the employees and officials of the city not excluded by law, and whether employed in connection with a governmental or proprietary function, the benefits of the system of old -age and survivors insurance, as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 of the 81st Congress, and by F.S. Ch. 650; and to cover by such plan all services which constitute employment as defined in F.S. § 650.02, performed in the employ of the city by employees thereof. In pursuance of such policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations. (Code 1970, § 16-4) *Cross reference—Any ordinance relating to the salaries of the city officers or employees saved from repeal, § 1-5(6). tState law references—Social security for public employees, F.S. Ch. 650; authority of political subdivisions of state to submit plans for inclusion under the social security act, F.S. § 650.05. Supp. No. 30 172 ADMINISTRATION § 2-246 Sec. 2-242. Execution of agreements by mayor -commissioner. The mayor -commissioner is hereby authorized and directed to execute all necessary agreements and amendments thereto with the division of retirement of the department of administration as the state agency for the state or his authorized representative for the purpose of extending the benefits provided by the system of old -age and survivors insurance to the employees and officials of this city, as provided in section 2-241, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient administration thereof, and shall be effective with respect to services in employment covered by the agreement performed after December 31, 1950. (Code 1970, § 16-5) Sec. 2-243. Withholdings from wages. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 2-241 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regulations to receive such amounts. (Code 1970, § 16-6) Sec. 2-244. Appropriations and payment of contributions by city. There shall be appropriated from available funds, derived from such amounts, at the times, as may be required to pay promptly the contributions required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulations. (Code 1970, § 16-7) Sec. 2-245. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for the enforcement of the laws and regulations. (Code 1970, § 16-8) Sec. 2-246. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Code 1970, § 16-9) Supp. No. 30 173 § 2-247 ATLANTIC BEACH CODE Sec. 2-247. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi- leges and other conditions thereunto appertaining to Title II of the Social Security Act, as amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and employees thereof and of its departments and agencies, save and except any of the officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or employee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations. (Code 1970, § 16-10) Sec. 2-248. Designation of custodian of funds and withholding and reporting agent. The director of finance is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city and the director of finance is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 1970, § 16-11) Secs. 2-249-2-260. Reserved. DIVISION 3. GENERAL EMPLOYEE RETIREMENT SYSTEM Sec. 2-261. Created, purpose. The city employees' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the employees of the city and their dependents. The effective date of the retirement system is December 22, 1975. (Ord. No. 58-75-4, § 1, 12-22-75) Sec. 2-262. Definitions. The following words and phrases as used in this division shall have the following meanings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than the standard form of benefit for members shall have the same actuarial present value on the date payment commences as such standard foiiu of benefit. For the purpose of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using the 1983 Group Mortality Table, with ages set ahead five (5) years in the case of disability. Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. Board of trustees or board shall mean the board of trustees provided for in this division. Supp. No. 30 174 ADMINISTRATION § 2-262 City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. City employee shall mean any person in the employ of the city, other than police officers and firefighters. Compensation shall mean the salary or wages paid a member for personal service rendered the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one/sixtieth (1/6o) of the aggregate amount of compensation paid a member during the period of sixty (60) consecutive months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) consecutive months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) consecutive months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board of trustees shall from time to time adopt. Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement shall mean an employee's separation from city employment as an employee with immediate eligibility for receipt of benefits under the retirement system. Retirement systems or system shall mean the city retirement system created and established by this division. Service shall mean personal service rendered to the city by a city employee. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child pursuant to any workers' compensation or similar law. Redemptions or settlements of Supp. No. 30 175 § 2-262 ATLANTIC BEACH CODE a workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determination of workers' compensation benefits. (Ord. No. 58-75-4, § 2, 12-22-75; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-98-25, § 1, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-263. Benefit groups. (a) Benefit group general is hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount and shall include all employees not included in another city pension plan. (b) Benefit eligibility condition shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in benefit group general. (Ord. No. 58-75-4, § 3, 12-22-75; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-264. Board of trustees—Responsibilities and duties generally. The general administration, management, and responsibility for the proper operation of the retirement system, for construing, interpreting, and making effective the provisions of this division, and for making recommendations to the city commission on matters concerning this retirement system are vested in the board of trustees. (Ord. No. 58-75-4, § 4, 12-22-75; Ord. No. 58-98-25, § 2, 11-23-98) Cross reference—Boards and commissions generally, § 2-131 et seq. Sec. 2-265. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render a report to the city commission on or before the first day of October of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-75-4, § 10, 12-22-75; Ord. No. 58-04-29, 3-8-04) Sec. 2-266. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2) residents of the city to be selected by the city commission and serve at the pleasure of the city commission, who may also serve as trustees of the police officer retirement system created in division 4 hereof; Supp. No. 30 176 ADMINISTRATION § 2-269 (2) Two (2) members of this retirement system who are employees of the city to be elected by the members of the retirement system who are also similarly situated employees of the city; (3) One (1) resident of the city to be selected by the other four (4) members of the board of trustees, and whose appointment shall be confirmed by a vote of the city commission. The elections provided for in subsections (2) of this section shall be held in accordance with such rules as the board of trustees shall from time to time adopt. (Ord. No. 58-75-4, § 5, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-267. Same—Term of office; oath of office. The regular term of office of a member of the board of trustees shall be four (4) years for civilian members, and four (4) years for employee representatives, unless they terminate employment, whereupon a new election will be held by the members of the plan to fill the unexpired term of their trustee representatives, and four (4) years for the trustee selected by a majority of the other four (4) members of the board. Each trustee shall, before assuming the duties of trustees, qualify by taking an oath of office to be administered by the city clerk, whereupon a trustee's term of office shall begin. (Ord. No. 58-75-4, § 6; 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 3, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-268. Same—Vacancy; filling of vacancy. (a) A vacancy shall occur on the board of trustees if any member shall resign or any employee representative ceases to be employed by the city. A vacancy shall occur on the board if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, if applicable, in the same manner as the position was previously filled. (Ord. No. 58-75-4, § 7, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, § 4, 11-23-98) Sec. 2-269. Same—Meetings; quorum; voting; compensation. The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall designate the time and place of each meeting. All meetings of the board shall be open to the public. Notice of such meetings shall be posted on employee bulletin boards so that employees will be aware of the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each question before the board. Supp. No. 30 177 § 2-269 ATLANTIC BEACH CODE Trustees shall serve without compensation for their services as trustees, but shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and in performing required duties as trustees. (Ord. No. 58-75-4, § 8, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87) Sec. 2-270. Officers and employed services. The officers and employed services of the retirement system shall be as follows: (1) Chairperson: The board shall annually elect a chairperson and a chairperson pro tem from its members. (2) Secretary: The board shall annually elect a secretary from its members who shall sign the minutes of each meeting. (3) Legal advisor: The board is empowered to employ independent legal counsel. (4) Actuary: The board shall appoint an independent actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (5) Administrative manager: The board may employ or contract for the services of an individual, firm or corporation, to be known as the "administrative manager", who shall under the direction of the board or any appropriate committee thereof, be ministerially responsible to: a. Administer the office or offices of the retirement system and of the board; b. Coordinate and administer the accounting, bookkeeping and clerical services; c. Provide for the coordination of actuarial services furnished by the actuary; d. Prepare (in cooperation or appropriate with the consulting actuary or other advisors) reports and other documents to be prepared, filed or disseminated by or on behalf of the retirement system in accordance with law; e. Perform such other duties and furnish such other services as may be assigned, delegated or directed or as may be contracted by or on behalf of the board. (6) Services: The board is authorized and empowered to employ such professional, medical, technical or other advisors as are required for the proper administration of Supp. No. 30 178 ADMINISTRATION § 2-271 the retirement system. These services shall be obtained and the compensation for these services shall be determined in accordance with procedures established by the board. (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-98-25, §§ 5-8, 11-23-98; Ord. No. 58-04-29, 3-8-04) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (2) Any city managerial or professional employee who is employed pursuant to an individual contract of employment which does not provide for the employee's partici- pation in this retirement system; (3) Elected officials of the city; (4) Positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (5) Temporary employees; (6) Any person initially employed as or promoted to a position designated by the city as executive or department head shall elect to participate or not participate in the retirement system. Such election shall be irrevocable for as long as the employee holds such executive or department head position. Should any such member elect to discontinue participation in the retirement system, the member's entitlement to benefits hereunder shall be governed by the system's provisions in effect at the time of such discontinuance. (c) An individual shall cease to be a member upon retirement, entry into DROP, termina- tion of employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more hours of work in a year, or upon becoming employed in an excluded position. (d) Effective June 1, 1999, all firefighter employees of the City of Atlantic Beach are hereby consolidated into the City ofJacksonville Fire Department. On execution of this action, City of Atlantic Beach firefighter employees became members of the City of Jacksonville Police and Fire Pension Fund with full rights and benefits in accordance with Chapter 121, City of Jacksonville Ordinance Code, and with other applicable law. Such consolidation is in accordance with Resolutions 95-944-256 and 98-1006 of the City ofJacksonville, which provide for an interlocal agreement between the cities of Jacksonville and Atlantic Beach entered into Supp. No. 30 179 § 2-271 ATLANTIC BEACH CODE by these cities effective on the lst day of June 1999; and the City of Jacksonville's Ordinance 1999-472-E, which was enacted on the 25th day of May, 1999 and approved on the lst day of June 1999. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86; Ord. No. 58-93-19, § 1, 9- 27-93; Ord. No. 58-98-25, § 9, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of the Florida Statutes. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. (Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-273. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-274. Reinstatement of credited service. A member's forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture, provided that the member repays to the retirement system the contributions refunded under subsection 2-298(d) hereof plus interest at the actuarially assumed rate in accordance with terms established by the board of trustees. (Ord. No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98) Sec. 2-275. Military service credit. (a) A member of the retirement system who leaves or left city employment voluntarily or non -voluntarily to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commis- sion shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city as provided in the Unifoiiued Services Employment and Reemployment Rights Act (USERRA) after the date of termination of such active duty; Supp. No. 30 180 ADMINISTRATION § 2-276 (2) In no case shall more than the years of service provided for in USERRA be credited on account of all military service. (3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with USERRA and Section 414(u) of the Internal Revenue Code. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section and USERRA. (Ord. No. 58-75-4, § 15, 12-22-75; Ord. No. 58-98-25, § 11, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-276. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date retirement is to be effective; (2) The member terminates all of his/her city employment normally requiring one thousand (1,000) hours of work or more per annum on or before the date retirement is to be effective; (3) The member has met the age and service requirements for retirement specified in subsection (b). Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281 or section 2-282. (b) The age and service requirements for voluntary retirement are: (1) Normal retirement: The member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force. (2) Early retirement: The member has attained age fifty-five (55) years or older, and has five (5) or more years of credited service in force. (c) Employment after retirement: (1) Any person who has retired as a member of this retirement system may be reemployed by the city in a position normally requiring less than one thousand (1,000) hours of work per annum or in a position not covered by this pension plan and receive retirement benefits from his/her previous employment and compensation from his/her reemployment. (2) Any person who has retired as a member of this retirement system and is subsequently reemployed by the city in any position normally requiring one thousand (1,000) hours Supp. No. 30 181 § 2-276 ATLANTIC BEACH CODE or more of work per annum in a position covered by this pension plan shall have his/her pension benefit suspended during the period of such reemployment and shall receive additional credited service from his/her reemployment. (Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-91-14, § 1, 4-8-91; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-98-25, §§ 12, 13, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-277. Normal retirement date and payment date. (a) The normal retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (b) The early retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (c) The monthly retirement income payable in the event of normal or early retirement shall be payable on the first day of each month. (Ord. No. 58-04-29, 3-8-04) Sec. 2-278. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment prior to satisfying the requirements for voluntary retirement under section 2-276 for a reason other than retirement or death, who has not received a refund of his or her member contributions, and who has the applicable period of credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-276. Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-281 or section 2-282 as the subsections were in force at the time a member left city employment. (b) The credited service requirement for separation from city employment with entitlement to deferred retirement is: five (5) years. (Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 15, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) A member having five (5) or more continuous years of credited service and having contributed to the retirement system for five (5) years or more may retire from the service of the city if he becomes totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c). Such retirement shall herein be referred to as "disability retirement." Supp. No. 30 182 ADMINISTRATION § 2-279 (b) A member will be considered disabled if, in the opinion of the board of trustees, the member is totally and permanently prevented from rendering useful and efficient service as a city employee. (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has terminated. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses to submit to such an examination, the member's disability pension shall be suspended until such time as the member submits to the examination. (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his normal retirement date is the monthly income computed according to the applicable subsections of section 2-281 or section 2-282. (f) The monthly retirement income as computed in section 2-281 or section 2-282 to which a member is entitled in the event of his disability retirement shall be payable monthly after the board of trustees determine such entitlement retroactive to the date of application or the last day on payroll, whichever is later. If the member recovers from the disability prior to his normal retirement date, the last payment will be the payment due next preceding the date of such recovery If the member dies without recovering from his disability or attains his normal retirement date while still disabled, the last payment will be the payment due next preceding his death. (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein means the ability of the member to render useful and efficient service as an employee of the city. Supp. No. 30 183 § 2-279 ATLANTIC BEACH CODE (h) If the member recovers from disability and reenters the service of the city as an employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received disability retirement income payment and ending with the date he reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-98-25, § 16, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-280. Same -Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical examination if the disability retirant has not attained age sixty (60) years. (b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the disability pension may be suspended by the board of trustees until the retirant submits to the examination. (c) A disability retirant who has been restored to employment with the city as provided in subsection (a) shall again become a member of the retirement system. (Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-281. Amount of level straight life pension. (a) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multiplied by the sum of two and eighty-five hundredths (2.85) percent of the retiring member's final average compensation. (b) Early retirement benefit. The amount of an early retirement benefit shall be calculated as provided in subsection 2-281(a) above taking into account credited service to the date of actual retirement and final monthly compensation as of such date. Such amount of retirement income shall be actuarially reduced to take into account the participant's younger age and earlier commencement of retirement income payments. (c) Cost -of -living adjustment. All retirement system members and beneficiaries who retired prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. Effective October 2001, all retirement system members and beneficiaries who retired prior to January 1, 2001, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. (Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1, 9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-97-23, § 1, 7-14-97; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-01-28, § 1, 10-8-01; Ord. No. 58-04-29, 3-8-04) Supp. No. 30 184 ADMINISTRATION § 2-282 Sec. 2-282. Optional forms of pension payment. A member of the retirement system may elect to be paid under one (1) of the following optional forms of payment in lieu of the level straight life form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not made. The amount of pension under Option A and Option B shall be the actuarial equivalent of the amount of pension under the level straight life foiin of payment. In no event may a member's annual benefit exceed the lesser of: (1) Option A; one hundred (100) percent survivor pension: Under Option A, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (2) Option B; fifty (50) percent survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (3) Option C; social security coordinated pension: Under Option C, a retirant shall be paid an increased pension to attainment of the age when the retirant is eligible to receive regular social security retirement benefits, and a reduced pension thereafter. The increased pension paid to attainment of regular social security retirement age shall approximate the sum of the reduced pension payable thereafter plus the retirant's estimated social security primary insurance amount. (4) Other benefit form: Any other actuarially equivalent form of benefit requested by a member and approved, in their sole discretion, by the board of trustees. (5) A deferred retirement option program (DROP), shall be established and administered by the board of trustees of the City of Atlantic Beach general employees' retirement system. Such DROP shall be a self-directed program. A general employee may enter the DROP as set forth herein. (a) Eligibility. A participant of the City of Atlantic Beach general employees' retirement system may enter into the DROP on the first day of the month following the attainment of age fifty-five (55) and five (5) years of service with the City of Atlantic Beach. However, a participant entering the DROP prior to attaining age sixty (60) shall have their benefit actuarially reduced for each year under the age of sixty (60). Participants who attained eligibility prior to the enactment of the DROP shall be afforded the option of participating immediately. Supp. No. 30 185 § 2-282 ATLANTIC BEACH CODE (b) Written election. A participant electing to participate in the DROP must complete and execute the proper forms, which shall be supplied by the board of trustees. Election into the DROP is irrevocable once a participant enters the DROP. (c) Limitation I disqualification for other benefits. A participant may participate in the DROP only once. After commencement of participation in the DROP the employee shall no longer earn or accrue additional vesting credits toward retirement benefits and shall not be eligible for disability or pre -retirement death benefits in the City of Atlantic Beach general employees' retirement system. (d) Cessation or reduction of contributions. Upon the effective date of a participant's commencement of participation in the DROP, all contributions on behalf of the participant to the City of Atlantic Beach general employees' retirement system shall be discontinued. (e) Benefit calculation. For all City of Atlantic Beach general employees' retirement system purposes, the service and vesting credits of a participant participating in the DROP shall remain as they existed on the effective date of commencement of participation in the DROP. The participant shall not earn or be credited with any additional vesting credits after beginning DROP participation. Service thereafter shall not be recognized by the City of Atlantic Beach general employees' retirement system or used for the calculation or determination of any benefits payable by such retirement system. The average final compensation of the participant shall remain as it existed on the effective date of commencement of participation in the DROP. Payment for unused compensatory time shall be made when the participant enters the DROP and shall be utilized in determining the final average compensation. Payment for accrued unused leave (vacation, holiday, etc.) shall be made when the participant actually terminates employment with the city. Earnings thereafter shall not be recognized by the retirement system or used for the calculation or determination of any benefits payable by the retirement system. (f) Payments to DROP account. The monthly retirement benefits, including any future cost of living increases, that would have been payable had the participant elected to cease employment and receive a normal retirement benefit shall be deposited into the participant's DROP account. (g) Drop account earnings. Earnings of each DROP account shall be in accordance with the self-directed options selected by the participant and shall continue for up to sixty (60) months at which time all deposits into the account shall cease. Neither the city, the retirement system, nor the system's board of trustees shall have any responsibility or liability for any of the self-directed options selected by the participant. (h) Maximum participation. A participant may participate in the DROP for a maximum of sixty (60) months. At the conclusion of the sixty (60) months, deposit's into the participant's DROP account shall cease. The participant may Supp. No. 30 186 ADMINISTRATION § 2-282 terminate DROP participation by terminating from covered city employment on a date prior to sixty (60) months from the date the participant entered the DROP. A participant that elects to participate in the DROP may participate for a maximum of sixty (60) months. At the conclusion of the maximum time period, the participant's covered city employment must terminate pursuant to the resignation submitted by the participant as part of the DROP application. The participant may terminate DROP participation by advancing their resignation from covered city employment to a date prior to that submitted by the participant as part of the DROP application. (i) Expenses. All administrative fees charged for the administration and operation of the participant's DROP account shall be in accordance with the self-directed options selected by the participant and shall be the responsibility of the participant. (j) Payout. (i) Upon the termination of a participant's covered city employment (for any reason, whether by retirement, resignation, discharge or death), the retire- ment benefits payable to the participant or to the participant's beneficiary (if the participant selected an optional form of retirement benefit which provides for payments to the beneficiary) shall be paid to the participant, the participant's beneficiary or the member's estate and shall no longer be deposited into the participant's DROP account. (ii) Within thirty (30) days after the end of any calendar quarter following the termination of a participant's employment, the balance in the participant's DROP account shall be payable in accordance with the self-directed options selected by the participant. Regardless of the option selected by the participant, the board of the trustees has the right to accelerate payments in order to comply with Section 401(A)(9) of the internal revenue code and the right to defer payments to comply with section 415 of the Internal Revenue Code. (k) Death. If a DROP participant dies before the account balance is paid out in full, the participant's designated beneficiary shall have the same rights as the participant to elect and receive the pay -out options set forth in paragraph j above. DROP payments to a beneficiary shall be in addition to any retirement benefits payable to the participant. Participants who are or have been DROP participants are not eligible for pre -retirement death or disability benefits. (1) Forms. The forms and notices shall be approved for use in administering the DROP by the board of trustees. (m) Amendment. The city commission may amend the DROP at any time. Such amendments shall be consistent with the provisions covering deferred retirement option plans and shall be binding upon all future DROP participants and upon all Supp. No. 30 187 § 2-282 ATLANTIC BEACH CODE DROP participant's who have balances in their accounts. Such amendments may increase the expense, decrease the account earnings, or limit or restrict the payout options. (Ord. No. 58-75-4, § 22, 12-22-75; Ord. No. 58-98-25, § 18, 11-23-98; Ord. No. 58-04-29, 3-8-04) Sec. 2-283. Death while in city employment; elective survivor pension. (a) Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. (b) Upon the death of a member who has a valid nomination -of -beneficiary in force, the beneficiary if living, shall be paid a level straight life pension computed according to section 2-281 in the same manner in all respects as if the member had elected Option A provided in section 2-282 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Upon a member's retirement, entry into DROP, resignation or termination as a city employee, eligibility for the death benefit payable under this section will automatically terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, may be paid in the discretion of the board of trustees either to: (i) Any one (1) or more of the persons comprising the group consisting of the member's spouse, the member's descendants, the member's parents, or the member's heirs at law, and the board of trustees may pay the entire benefit to any member of such group or portion such benefit among any two (2) or more of them in such shares as the hoard of t_r„stees, in its sole discretion, shall determine; or (ii) The estate of such member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to the power and discretion conferred upon the board of trustees by the preceding sentence shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. (Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-98-25, § 19, 11-23-98; Ord. No. 58-04-29, 3-8-04) Sec. 2-284. Alternate death while in city employment; pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c) of this section or, if the member designated the member's spouse or children, as set forth below, the benefits provided in section 2-283, whichever are greater, shall be paid if a member of the retirement system who has five (5) or more years of credited service and dies while in the employ of the city. The Supp. No. 30 188 ADMINISTRATION § 2-285 provisions of this section shall not apply in the case of death of a member who has a valid designation of beneficiary, other than the member's spouse or children as set forth below, in force pursuant to section 2-283. (b) The person to whom the deceased member was married at the time of death shall be paid a pension equal to a seventy-five (75) percent of the amount of level straight life pension computed according to the applicable subsection of section 2-281, based on the deceased member's final average compensation and credited service. A surviving spouse's pension shall terminate upon death. (c) The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution shall each be paid an equal share of a level straight life pension computed according to the applicable subsection of section 2-281, based on the deceased member's final average compensation and credited service. The percent shall be zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b); fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b). A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen (19), but less than twenty-three (23), upon no longer being enrolled as a fulltime student in an educational institution, marriage, or death, and the pension of each remaining eligible child shall be recomputed. (Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 20, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-285. Maximum amount of pension. (a) The normal retirement pension payable to a member of the retirement system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his final average compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attribut- able to cost -of -living increases or adjustments. (b) No member of the system covered by this article who is not now a member of such system shall be allowed to receive a retirement pension which is, in part or in whole, based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement pension from another retirement system or plan; provided that this restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. (c) In no event may a member's annual benefit exceed the lesser of: (1) One hundred fifty thousand dollars ($150,000.00) (adjusted for cost of living in accordance with Section 415(d) of the Internal Revenue Code, but only for the year in which such adjustment is effective); or Supp. No. 30 188.1 § 2-285 ATLANTIC BEACH CODE (2) Notwithstanding the provisions of paragraphs (a) and (b) above, the annual benefit payable to a member having at least fifteen (15) years of service shall not be less than the annually adjusted amount provided in the provisions of IRC Section 415(d). (3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal Revenue Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year beginning after December 31, 1995. (4) If the member has less than ten (10) years of service with the employer (as defined in Section 415(b)(5) of the Internal Revenue Code and as modified by Section 415(b)(6)(D) of the Internal; Revenue Code), the applicable limitation in subsection (1) or subsection (2) of this subsection shall be reduced by multiplying such limitation by a fraction, not to exceed one (1). The numerator of such fraction shall be the number of years, or part thereof, of service with the employer; the denominator shall be ten (10) years. For purposes of this subsection, annual benefit means a benefit payable annually in the form of a straight-line annuity with no ancillary or incidental benefits and with no member or rollover contributions. To the extent that ancillary benefits are provided, the limits set forth in subsections (1) and (2) of this subsection will be reduced actuarially, using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as described in subsection (1) of this subsection shall be reduced actuarially using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation; however, retirement benefits shall not be reduced below seventy-five thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If retirement benefits begin a er age sixty-five (65), the dollar limitation of subsection (1) of this subsection shall be increased actuarially using an interest assumption equal to the lesser of five (5) percent or the interest rate used in the most recent annual actuarial valuation. For purposes of this subsection, average annual compensation for a member's three (3) highest paid consecutive years means the member's greatest aggregate compensation during the period of three (3) consecutive years in which the individual was an active member of the plan. The special maximum retirement income limitation applicable to police officers at the normal retirement date shall be as set forth in Section 415(G) and (H) of the Internal Revenue Code of 1986 and amendments thereto and such amount shall be adjusted in accordance with regulations promul- gated by the secretary of the treasury or his/her delegate. (Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-98-25, § 21, 11-23-98) State law reference—Limitation of benefits, F.S. § 112.65. Sec. 2-286. Subrogation rights. If a member of the retirement system, retirant or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the retirement system Supp. No. 30 188.2 ADMINISTRATION § 2-290 shall be subrogated to the rights of such member, retirant or beneficiary against such third party to the extent of pensions which the retirement system pays or becomes liable to pay on account of such accident or injury. (Ord. No. 58-75-4, § 26, 12-22-75; Ord. No. 58-98-25, § 22, 11-23-98) Sec. 2-287. Reserved. Editor's note—Ord. No. 58-98-25, § 23, adopted Nov. 23, 1998, repealed § 2-287 which pertained to reserve for retired benefit payments and derived from Ord. No. 58-75-4, § 27, adopted Dec. 22, 1975. Sec. 2-288. City contribution. (a) The plan shall be funded by contributions from member contributions, as provided in section 2-298, contributions from the city and other income sources as authorized by law. (b) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which, together with the member contributions provided for in section 2-298 and other income sources as authorized by law, sufficient to meet the normal cost of the plan and to fund the actuarial deficiency over a period of not more than forty (40) years, as determined by the Florida Statutes required actuarial valuation. Such contributions shall be computed as level percents of member payroll in accordance with generally accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of trustees shall from time to time adopt. The board shall annually certify to the city the contributions determined according to this section, and the city shall appropriate and pay to the retirement system, the contributions so certified. (c) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and consistent with Florida Statutes and the Internal Revenue Code. (Ord. No. 58-75-4, § 28, 12-22-75; Ord. No. 58-98-25, § 24, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-289. Reserved. Editor's note—Ord. No. 58-98-25, § 25, adopted Nov. 23, 1998, repealed § 2-289 which pertained to reserve for undistributed investment income and derived from Ord. No. 58-75-4, § 29, adopted Dec. 22, 1975. Sec. 2-290. Investment of retirement system assets. The board of trustees shall be the trustee of the monies and assets of the retirement system. The board shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not necessary for current expenditures or liquid reserves, as they may from time to time determine. The trustees may sell, exchange or otherwise dispose of such investments at any time. The trustees shall have the authority, in respect to any stocks, bonds or other property, real or personal, held by them as trustees, to exercise all such rights, powers and privileges as might be lawfully exercised by any person owning similar stocks, bonds or Supp. No. 30 188.3 § 2-290 ATLANTIC BEACH CODE other property in his own right. The trustees are authorized to invest in those stocks, bonds and other securities permitted by the investment policies or guidelines adopted by the trustees. (a) Delegation and allocation of investment functions. (1) The Trustees shall have the power and authority to appoint one (1) or more investment managers who shall be responsible for the management, acquisition, disposition, investing and reinvesting of such of the assets of the Trust Fund as the Trustees shall specify. Any such appointment may be terminated by the Trustees upon written notice. The fees of such investment manager shall be paid out of the Trust Fund. The Trustees shall require that the investment manager acknowledge in writing that it is a named fiduciary with respect to the plan. (2) In connection with any allocation or delegation of investment functions under this section, the Trustees shall, from time to time, adopt appropriate investment policies or guidelines. (Ord. No. 58-75-4, § 30, 12-22-75; Ord. No. 58-85-5, § 1, 7-22-85; Ord. No. 58-92-17, § 1, 1-27-92; Ord. No. 58-98-25, § 26, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-291. Reserved. Editor's note -Ord. No. 58-99-26, § 1, adopted July 10, 2000, deleted the former § 2-291, which pertained to divisions and derived from Ord. No. 58-75-4, § 31, adopted 12-22-75, and Ord. No. 58-99-27, § 1, adopted 11-8-99. Sec. 2-292. Expenses. The expenses of administering a retirement system, including the premiums for fiduciary liability and waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the plan. (Ord. No. 58-75-4, § 32, 12-22-75; Ord. No. 58-98-25, § 27, 11-23-98; Ord. No. 58-04-29, 3-8-04) Sec. 2-293. Reserved. Editor's note -Ord. No. 58-98-25, § 28, adopted Nov 23, 1998, repealed § 2-293 which pertained to insurance coverage for retirants and beneficiaries and derived from Ord. No. 58-75-4, § 33, adopted Dec. 22, 1975. Sec. 2-294. Method of making payments. All payments under this division shall be made according to the provisions of the City Charter and city ordinances governing the disbursement of city monies. No payment shall be made that has not been authorized by the board of trustees. (Ord. No. 58-75-4, § 34, 12-22-75; Ord. No. 58-04-29, 3-8-04) Supp. No. 30 188.4 ADMINISTRATION § 2-295 Sec. 2-295. Assignments prohibited. (a) Generally. The right of a person to a pension, disability, death or survivor benefit, and any other right accrued or accruing to any person under the provisions of this division, and any monies in assets belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of set off for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary in addition to any other remedies, including forfeiture of benefits, provided by law. (b) Direct transfers of eligible rollover distributions. This subsection applies to distributions made on or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2) "Eligible retirement" means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) "Distributee" includes an employee or former employee. In addition, the employee's or former employee's surviving spouse, or the employee's or former employee's spouse or foinuer spouse who is the alternate payee under an income deduction order, is a distributee with regard to the interest of the spouse or former spouse. Supp. No. 30 188.5 § 2-295 ATLANTIC BEACH CODE (4) "Direct rollover" means a payment by the plan to the eligible retirement plan specified by the distributee. (Ord. No. 58-75-4, § 35, 12-22-75; Ord. No. 58-98-25, § 29, 11-23-98) Sec. 2-296. Errors. Should the board of trustees determine that any member, retirant or beneficiary is being paid from the retirement system more or less than is correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75; Ord. No. 58-98-25, § 30, 11-23-98) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. Any member who is convicted as provided in F.S. § 112.3173 of a specified offense committed prior to retirement, or whose employment is terminated by reason of an admitted commission, aid or abatement of a specified offense, shall forfeit all rights and benefits under this pension plan, except for return of accumulated contributions as of his date of termination. (Ord. No. 58-75-4, § 37, 12-22-75; Ord. No. 58-98-25, § 31, 11-23-98) Sec. 2-298. Member contributions. (a) Member contributions for benefit group general shall be two (2) percent of salary and said contribution shall be deducted from the member's pay and paid over into the retirement system at least monthly. (b) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu of payroll deductions from such members' earnings. No member shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the city directly to the retirement system. All such contributions by the city shall be deemed and considered as part of the member's contributions and subject to all provisions of this plan pertaining to contributions of members. Such contributions shall additionally be considered as part of the member's compensation for purposes of determining final average compensation and any other benefits hereunder and for determining the member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime compensation. This city pick up of contributions is a result of a commensurate reduction of each member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city Supp. No. 30 188.6 ADMINISTRATION § 2-299 pension trust fund, plus any interest accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits paid to him/her. If an employee who has been in the service of the city for at least five (5) years and has contributed to the pension trust fund as provided elects to leave his or her accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-278, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (d) If a member who terminates employment elects a refund of contributions and: (1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal Revenue Service; (2) Elects to have such eligible distribution paid directly to an eligible retirement plan or IRA; and (3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in such form and at such time as the distributing plan administration may prescribe), the distribution will be made in the foim of a direct trustee -to -trustee transfer to the specified eligible retirement plan. (Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23, § 2, 7-14-97; Ord. No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25, § 32, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99 ; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-299. Benefit limitations and required distributions. (a) Benefits paid under the city employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-96-21, § 1, 2-12-96) Supp. No. 30 188.7 § 2-300 ATLANTIC BEACH CODE DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM* Sec. 2-300. Created, purpose. The police officers' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the police officers of the city and their dependents in accordance with chapter 185 of the Florida Statutes. The effective date of the retirement system is on adoption of this division. However, all benefits in existence under all previous retirement systems or plans effective after December 22, 1975 shall remain in effect and be included as a part of this retirement system. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-301. Definitions. The following words and phrases as used in this division shall have the following meanings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than the standard form of benefit for members shall have the same actuarial present value on the date payment commences as such standard form of benefit. For the purpose of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using the 1983 Group Mortality Table, with ages set ahead five (5) years in the case of disability. Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. Board of trustees or board shall mean the board of trustees provided for in this division. City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. Compensation shall mean the total cash remuneration paid a member for service rendered to the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness, and will also include incentive pay as defined in Chapter 943.22, Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a special detail work performed on behalf of a second party employer or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. *Editor's note—Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended for use as Division 4, §§ 2 -261A -2-310A. For purposes of clarity and at the editor's discretion, these provisions have been included herein as §§ 2-300-2-310.29. Supp. No. 30 188.8 ADMINISTRATION § 2-301 Final average compensation shall mean one -sixtieth (YGo) of the aggregate amount of compensation paid a member during the period of sixty (60) months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Police officer shall mean a city employee employed by the police department who is certified or required to be certified as a law enforcement officer in compliance with sections 185.02(11) and 943.14, Florida Statutes, and who holds the rank of patrol officer or higher, including probationary patrol officer. The term police officer shall not include any civilian city employee employed in the police department, any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board of trustees shall from time to time adopt. Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement shall mean a police officer's separation from city employment as a police officer with immediate eligibility for receipt of benefits under the retirement system. Retirement systems or system shall mean the city retirement plan created and established by this division. Service shall mean personal service rendered to the city by a police officer. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse, or child pursuant to any workers' compensation or similar law. Redemptions or settlements of workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determination of workers' compensation benefits. (Ord. No. 58-99-26, § 2, 7-10-00) Supp. No. 30 188.9 § 2-302 ATLANTIC BEACH CODE Sec. 2-302. Benefit groups. (a) Benefit group police is hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount and shall consist of all members who are also full time sworn police officers. (b) Benefit eligibility conditions shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in benefit group police. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-303. Board of trustees—Responsibilities and duties generally. The general administration, management, and responsibility for the proper operation of the retirement system, for construing, interpreting, and making effective the provisions of this division, and for making recommendations to the city commission on matters concerning this retirement system are vested in the board of trustees. Such responsibilities and duties shall be conducted in such manner as to comply with the requirements of Chapter 185 of the Florida Statutes, and shall specifically include compliance with section 185.06 therein. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-304. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient foriu, such data as shall be recommended by its actuary and as required by state law (Chapters 112 and 185, F.S.) for the operation of the retirement system on a sound actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render all reports required by state (CiiapLer135,1 S.) or federal law Lo appropriate agencies, with a copy to the city commission, on or before the first day of October of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-305. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city, appointed by the city commission, who may serve as trustees of other city boards including the general employees retirement system provided herein; (2) Two (2) police officers to be elected by the active police officers who are members of the retirement system; (3) One (1) trustee to be selected by the other four (4) members of the board of trustees, and appointed as a ministerial act by the city commission. Supp. No. 30 188.10 ADMINISTRATION § 2-309 The elections provided for in subsection (2) of this section shall be held in accordance with such rules, as the board of trustees shall from time to time adopt. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-306. Same—Term of office; oath of office. The regular term of office of a member of the board of trustees shall be two (2) years for resident appointees, and two (2) years for elected representatives, unless they terminate employment, whereupon a new election will be held by the member of the plan to fill the unexpired term of their trustee representatives. The term of office for the trustee selected by the other four (4) members of the board shall be two (2) years. Each trustee shall, before assuming the duties of trustees, qualify by taking an oath of office to be administered by the city clerk, whereupon a trustee's term of office shall begin. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-307. Same—Vacancy; filling of vacancy. (a) A vacancy shall occur on the board of trustees if any member resigns or any employee representative ceases to be employed by the city. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, in the same manner as the position was previously filled. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-308. Same—Meetings; quorum; voting; compensation. The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall designate the time and place of each meeting. All meetings of the board shall be open to the public. Notice of such meetings shall be posted on employee bulletin boards so that all members will be aware of the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each question before the board. Trustees shall serve without compensation for their services as trustees, but shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and in performing required duties as trustees in accordance with Florida Law. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-309. Officers and employed services. The officers and employed services of the retirement system shall be as follows: (1) Chairperson: The board shall annually elect a chairperson from its members. (2) Secretary: The board shall annually elect a secretary of the board from its members, who shall sign the minutes of each meeting and shall perform such duties as required in Chapter 185 of the Florida Statutes. Supp. No. 30 188.11 § 2-309 ATLANTIC BEACH CODE (3) Legal advisor: The board is empowered to employ independent legal counsel. (4) Actuary: The board is empowered to employ an independent actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (5) Administrative manager: The board is empowered to employ or contract for the services of an individual, firm, or corporation, to be known as the "administrative manager", who shall, under the direction of the board or any appropriate committee thereof, be ministerially responsible to: (a) Administer the office or offices of the retirement system and of the board; (b) Coordinate and administer the accounting, bookkeeping, and clerical services; (c) Provide for the coordination of actuarial services furnished by the actuary; (d) Prepare (in cooperation or appropriate with the consulting actuary or other advisors) reports and other documents to be prepared, filed or disseminated by or on behalf of the retirement system in accordance with law; (e) Perform such other duties and furnish such other services as may be assigned, delegated, or directed or as may be contracted by or on behalf of the board. (6) Other services: The board is authorized and empowered to employ such professional, medical, technical, or other advisors as are required for the proper administration of the retirement system. These services shall be obtained and the compensation for these services shall be determined in accordance with procedures established by the board in accordance with Chapter 185 of the Florida Statutes. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310. Membership. (a) All persons who are city police officers, and all persons who become city police officers, shall be members of the retirement system, except as provided in subsection (b) of this section. (b) The membership of the retirement system shall not include: (1) Any police officer who is employed in a position nounally requiring less than one thousand (1,000) hours of work per annum; (2) The chief of the police department may opt not to become a member of the retirement system. Such option shall be made within sixty (60) days of appointment as police chief and shall be irrevocable; Supp. No. 30 188.12 ADMINISTRATION § 2-310.4 (3) Police officer positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (4) Temporary police officers; (5) Elected officials of the city. (c) An individual shall cease to be a member upon retirement, entry into DROP, termina- tion of employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more hours or work in a year, or upon becoming employed in an excluded position. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.1. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of Chapters 185, Florida Statutes. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one (1) period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth (V12) of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.2. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.3. Reinstatement of credited service. A member's forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture, provided that the member repays to the retirement system the contributions refunded under section 2-310.25(c) hereof, plus interest at the actuarially assumed rate, in accordance with terms established by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.4. Military service credit. (a) A member of the retirement system who leaves or left city employment voluntarily or non -voluntarily to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commis- sion shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA) after the date of termination of such active duty; Supp. No. 30 188.13 § 2-310.4 ATLANTIC BEACH CODE (2) In no case shall more than the years of service provided for in USERRA or within FS 185 be credited on account of all military service. (3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with USERRA, FS 185, and section 414(u) of the Internal Revenue Code. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section and USERRA. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.5. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date retirement is to be effective. (2) The member terminates all his/her city employment normally requiring one thousand (1,000) hours of work per annum on or before the date retirement is to be effective. (3) The member has met the age and service requirements for retirement specified in subsection (b). Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-310.10 or section 2-310.11. (b) The age and service requirements for voluntary retirement are: (1) Normal retirement: the member has attained the age of fifty (50) or older and has twenty (20) years or more of credited service in force; or the member has obtained the age of fifty-five (55) years and has ten (10) or more years of credited service in force; or the member at any age has twenty-five (25) years of credited service in force; or the member has attained the age of sixty (60) years, and has five (5) years of credited service in force. (2) Early retirement: the member has attained the age of fifty (50) or older and has ten (10) of more years of credited service in force, shall be eligible for an early retirement. (c) Employment after retirement: (1) Any person who has retired as a member of this retirement system may be reemployed by the city in a sworn police officer position normally requiring less than one thousand (1,000) hours of work per annum or in a position not covered by this pension plan and receive retirement benefits from his/her previous employment and compensation from his/her reemployment. (2) Any person who has retired as a member of this retirement system and is subsequently reemployed by the city in any position normally requiring one thousand (1,000) hours Supp. No. 30 188.14 ADMINISTRATION § 2-310.8 or more of work per annum in a position covered by this pension plan shall have his/her pension benefit suspended during the period of such reemployment and shall receive additional credited service from his/her reemployment. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.6. Normal retirement date and payment date. (a) The normal retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (b) The early retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (c) The monthly retirement income payable in the event of natural or early retirement shall be payable on the first day of each month. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.7. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment prior to satisfying the requirements for voluntary retirement under section 2-310.5 for a reason other than retirement or death, who has not received a refund of his/her member contributions, and who has the applicable period of credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension upon attaing the age and service requirements for voluntary retirement, as set forth in section 2-310.5. Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-310.10 as those subsections were in force at the time a member left city employment. Such benefit shall be paid as a standard benefit form (ten (10) year certain and life thereafter) as provided in section 2-310.11. (b) The credited service requirement for separation from city employment with entitlement to deferred retirement is five (5) years. Provided, that any member who attained five (5) or more years of service with the city and elected to leave his or her accrued contributions in the plan shall be entitled to a benefit under the provisions as set out in section 2-310.7(a) upon attaining normal retirement age. (c) A member of the retirement system who terminates city employment prior to satisfying the five (5) year requirement for deferred retirement under section 2-310.5 is entitled to a full refund of his/her contributions, plus interest as determined by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.8. Disability retirement—General conditions for eligibility. (a) If a member, prior to his normal retirement date, becomes totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) the member shall be eligible for disability retirement. The minimum benefit for Supp. No. 30 188.15 § 2-310.8 ATLANTIC BEACH CODE any member disabled in the line of duty shall be forty-two (42) percent of the final average salary, regardless of years of credited service. The minimum benefit for any member disabled not in the line of duty who has eight and one third (81/3) years of credited service shall be twenty-five (25) percent of the final average salary. (1) A permanent disability which is the result of or caused by tuberculosis, hepatitis, meningococcal meningitis, hypertension, heart disease, or hardening of the arteries shall be presumed to have been incurred in the line of duty unless the contrary is shown by competent evidence or unless a physical examination of the member conducted upon initial hiring by the city revealed the existence of such condition at that time, and provided that a member claiming disability due to tuberculosis or meningococcal meningitis provides the affidavit required by F.S. section 112.181(2). (b) A member will be considered disabled if, in the opinion of the board of trustees, the member is totally and peinianently prevented from rendering useful and efficient service as a city police officer and will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (c). (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after big/her employment has terminated. (5) Injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician, surgeon, or other medical or psychological professional to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician, surgeon, or other medical or psychological professionals or board of physicians, surgeons, and other medical or psycho- logical professionals to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses to submit to such an examination, the member's disability pension shall be suspended until such time as the member submits to the examination. (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his/her normal retirement date, is the greater of the monthly income computed according to the applicable Supp. No. 30 188.16 ADMINISTRATION § 2-310.10 subsections of section 2-310.10 or the minimums established in section 2-310.8(a). Provided, that such benefits shall be paid in the standard form (ten (10) year certain and life thereafter). (f) The monthly retirement income as computed in section 2-310.10 to which a member is entitled in the event of his/her disability retirement shall be payable monthly after the board of trustees determine such entitlement retroactive to the date of application or the last day on payroll, whichever is later. If the member recovers from the disability prior to his normal retirement date, the last payment will be the payment due next preceding the date of such recovery. If the member dies without recovering from his disability or attains his/her normal retirement date while still disabled, the last payment will be the payment due next preceding his/her death. (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein means the ability of the member to render useful and efficient service as a police officer employee of the city, regardless of whether the member is re-employed by the city. (h) If the member recovers from disability and reenters the service of the city as a police officer employee, his/her service will be deemed to have been continuous, but the period beginning with the first month for which he/she received disability retirement income payment and ending with the date he/she reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.9. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical or psychological examination if the disability retirant has not attained his or her normal retirement eligibility date. (b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the disability pension may be suspended by the board of trustees until the retirant submits to the examination. (c) A disability retirant who has been restored to employment with the city as provided in subsection 2-310.8(h) shall again become a member of the retirement system. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.10. Calculation of pension benefit. (a) Normal retirement benefit. Subject to section 2-310.14, the amount of level straight life pension shall be equal to the retiring member's credited service multiplied by three (3) percent of the retiring member's final average compensation. Supp. No. 30 188.17 § 2-310.10 ATLANTIC BEACH CODE (b) Early retirement benefit. The amount of an early retirement benefit shall be calculated as provided in subsection 2-310.10(a) above taking into account credited service to the date of actual retirement and final average compensation as of such date. Such amount of retirement income shall be actuarially reduced to take into account the participant's younger age and earlier commencement of retirement income payments. In no event shall the early retirement reduction exceed three (3) percent for each year by which the member's age at retirement preceded the member's normal retirement age. (c) Cost -of -living adjustment. All retirement system members and beneficiaries who retired prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. Effective October 2001, all retirement system members and beneficiaries who retired prior to January 1, 2001, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-01-28, § 2, 10-8-01; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.11. Optional forms of pension payment. A member of the retirement plan may elect to be paid under one (1) of the following optional fouiis of payment in lieu of the standard normal or early retirement benefit form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Unless otherwise elected, the standard normal benefit form shall be "Option A" below. Payment will be made under the standard normal retirement benefit form if a timely election of an optional form of payment is not made. The amount of pension under any option shall be the actuarial equivalent of the amount of pension under the standard noi.n a xeLiiiemenc bene ii, form payment;. (1) Option A; Ten (10) years certain and retirant's life thereafter: Under Option A, a retirant shall be paid a pension for life, however in the event the retirant dies after retirement but before receiving retirement benefits for a period of ten (10) years, the same monthly benefit will be paid for the balance of such ten (10) year period. Benefit payments shall be made to the retirant's designated beneficiary or estate for such period. (2) Option B; Modified joint survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, a benefit as designated by the retirant of either, one hundred (100), seventy-five (75), sixty-six and two thirds (662/3) or fifty (50) percent of the reduced pension benefit shall be continued throughout the future lifetime of and paid to such person as the retirant shall have specified by written designation duly executed and field with the board of trustees at the time of election of the optional form of payment. (3) Option C; Retirant's life only: Under option C, a retirant shall be paid a pension for his or her life only. All monthly payments shall cease on the death of the retirant. Supp. No. 30 188.18 ADMINISTRATION § 2-310.11 (4) Option D; Social security coordinated pension: Under Option D, a retirant shall be paid an increased pension to attainment of the age when the retirant is eligible to receive regular social security retirement benefits, and a reduced pension thereafter. The increased pension paid to attainment of regular social security retirement age shall approximate the sum of the reduced pension payable thereafter plus the retirant's estimated social security primary insurance amount. (5) Other benefit form. Any other actuarially equivalent form of benefit requested by a member and approved, in their sole discretion, by the board of trustees. (6) A deferred retirement option program (DROP) , shall be established and administered by the board of trustees of the City of Atlantic Beach police officers' retirement system. Such DROP shall be a self-directed program. A police officer employee may enter the DROP as set forth herein. (a) Eligibility. A participant of the City of Atlantic Beach police officers' retirement system may enter into the DROP on the first day of the month following the attainment of age and service retirement requirements provided in the City of Atlantic Beach Code section 2-310.5(b). Participants who attained eligibility prior to the enactment of the DROP shall be afforded the option of participating immediately. (b) Written election. A participant electing to participate in the DROP must complete and execute the proper forms, which shall be supplied by the board of trustees. Election into the DROP is irrevocable once a participant enters the DROP. (c) Limitation/disqualification for other benefits. A participant may participate in the DROP only once. After commencement of participation in the DROP, the employee shall no longer earn or accrue additional vesting credits toward retirement benefits and shall not be eligible for disability or pre -retirement death benefits in the City of Atlantic Beach police officers' retirement system. (d) Cessation or reduction of contributions. Upon the effective date of a participant's commencement of participation in the DROP, the participant's contributions to the City of Atlantic Beach police officers' retirement system shall be discontinued. (e) Benefit calculation. For all City of Atlantic Beach police officers' retirement system purposes, the service and vesting credits of a participant participating in the DROP shall remain as they existed on the effective date of commencement of participation in the DROP. This shall include current and future cost of living adjustments (COLA) as provided in the City of Atlantic Beach Code of Ordi- nances. The participant shall not carn or be credited with any additional vesting credits after beginning DROP participation. Service thereafter shall not be recognized by the City of Atlantic Beach police officers' retirement system or used for the calculation or determination of any benefits payable by such retirement system. The final average compensation of the participant shall remain as it existed on the effective date of commencement of participation in the DROP. Payment for unused compensatory time shall be made when the participant Supp. No. 30 188.19 § 2-310.11 ATLANTIC BEACH CODE enters the DROP and shall be utilized in determining the final average compen- sation. Payment for accrued unused leave (vacation, holiday, etc.) shall be made when the participant actually terminates employment with the city. Earnings thereafter shall not be recognized by the retirement system or used for the calculation or determination of any benefits payable by the retirement system. (f) Payments to DROP account. The monthly retirement benefits, including any future cost of living increases, that would have been payable had the participant elected to cease employment and receive a normal retirement benefit shall be deposited into the participant's DROP account. (g) DROP account earnings. Earnings of each DROP account shall be in accordance with the self-directed options selected by the participant and shall continue for up to sixty (60) months at which time all deposits to the participant's account shall cease. Neither the city, the retirement system nor the system's board of trustees shall have any responsibility or liability for any of the self-directed options selected by the participant. (h) Maximum participation. A participant may participate in the DROP for a maximum of sixty (60) months. At the conclusion of the sixty (60) months, the participant's DROP account deposites shall cease. The participant may terminate DROP participation by terminating from covered city employment on a date prior to sixty (60) months from the date the participant entered the DROP. A participant that elects to participate in the DROP may participate for a maximum of sixty (60) months. At the conclusion of the maximum time period, the participant's covered city employment must terminate pursuant to the resignation submitted by the participant as part of the DROP application. The participant may terminate DROP participation by terminating from covered city employment on a dale prior to sixty (60) months from the date the participant entered the DROP. (i) Expenses. All administrative fees charged for the administration and operation of the participant's DROP account shall be in accordance with the self-directed options selected by the participant. (j) Payout. 1. Upon the termination of a participant's covered city employment (for any reason, whether by retirement, resignation, discharge or death), the retire- ment benefits payable to the participant or to the participant's designated beneficiary shall be paid to the participant, the participant's designated beneficiary or the participant's estate and shall no longer be deposited into the participant's DROP account. 2. Within thirty (30) days after the end of any calendar quarter following the termination of a participants's employment, the balance in the participant's DROP account shall be payable in accordance with the self-directed options selected by the participant. Supp. No. 30 188.20 ADMINISTRATION § 2-310.12 Regardless of the option selected by the participant, the board of trustees has the right to accelerate payments in order to comply with section 401(A)(9) of the internal revenue code and the right to defer payments to comply with section 415 of the Internal Revenue Code. (k) Death. If a DROP participant dies before the account balance is paid out in full, the participant's designated beneficiary shall have the same rights as the participant to elect and receive the pay -out options set forth in paragraph (j) above, DROP payments to a beneficiary shall be in addition to any retirement death benefit payable to the participant. Participants who are or have been DROP participants are not eligible for pre -retirement death or disability benefits. (1) Forms. The forms and notices for use in administering the DROP shall be approved by the board of trustees. (m) Amendments. The city commission may amend the DROP at any time. Such amendments shall be consistent with the provisions covering deferred retirement option plans set forth in any applicable collective bargaining agreement and shall be binding upon all future DROP participants and upon all DROP participant's who have balances in their accounts. Such amendments may increase the expense, decrease the account earnings, or limit or restrict the payout options. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.12. Death while in city employment; elective survivor pension. (a) Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. (b) Upon the death of a member who has a valid designation -of -beneficiary in force, the beneficiary, if living, shall be paid a pension benefit computed according to section 2-310.10 in the same manner in all respects as if the member had elected option B at the one hundred (100) percent level provided in Section 2-310.11 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Provided, that if the member had at least five (5) years of credited service at the time of death, his or her beneficiary shall be entitled to all benefits otherwise payable to the member at early or normal retirement age paid in the standard benefit form (ten (10) year certain and life thereafter). Upon a member's retirement, entry into DROP, resignation, or termination as a city employee, eligibility for the death benefit payable under section 2-310.10 will automati- cally terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, shall be paid by the board of trustees to the estate of such member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted Supp. No. 30 188.21 § 2-310.12 ATLANTIC BEACH CODE value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding, and conclusive on all persons ever interested hereunder. Notwithstanding any other provision of law to the contrary, the surviving spouse of any member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.13. Alternate death while in city employment; pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c) of this subsection or, if the member designated the member's spouse or children, as set forth below, the benefits provided in section 2-310.12, whichever are greater, shall be paid if a member of the retirement system has five (5) or more years of credited service and dies while in the employ of the city. The provisions of this section shall not apply in the case of death of a member who has a valid designation of beneficiary, other than the member's spouse or children as set forth below, in force pursuant to section 2-310.12. (b) The person to whom the deceased member was married at the time of death shall be paid a pension equal to seventy-five (75) percent of the amount of Option C-Retirant's life only pension computed according to the applicable subsection of section 2-310.11, based on the deceased member's final average compensation and credited service. A surviving spouse's pension shall terminate upon death. (c) The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution, shall eaeii be paid an equal share of a retirant's lite only pension benefit computed according to the applicable subsection of section 2-310.11, based on the deceased member's final average compensation and credited service. The percent shall be zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b); fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b). A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen (19) years but less than twenty-three (23) years, upon no longer being enrolled as a full-time student in an educational institution, marriage, or death, and the pension of each remaining eligible child shall be recomputed. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.14. Maximum amount of pension. (a) The normal retirement pension payable to a member of the retirement plan who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his/her final average compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attribut- able to cost -of -living increases or adjustments. Supp. No. 30 188.22 ADMINISTRATION § 2-310.14 (b) No member of the system covered by this article who is not now a member of such system shall be allowed to receive a retirement pension which is, in part or in whole, based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement pension from another retirement system or plan; provided that this restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. (c) In no event may a member's annual benefit exceed the lesser of: (1) Any limits (adjusted for cost of living) in accordance with section 415(d) of the Internal Revenue Code, but only for the year in which such adjustment is effective); or (2) Notwithstanding the provisions of paragraph (a) and (b) above, the annual benefit payable to a member having at least fifteen (15) years of service shall not be less than the annually adjusted amount provided in the provisions of IRC Section 415(d). (3) Compensation in excess of limitations set forth in Section 401(a)(17) of the Internal Revenue Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount, which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year beginning after December 31, 1995. (4) If the member has less than ten (10) years of service with the employer (as defined in Section 415(b)(5) of the Internal Revenue Code and as modified by Section 415(b)(6)(D) of the Internal Revenue Code), the applicable limitation in subsection (1) or subsection (2) of this subsection shall be reduced by multiplying such limitation by a fraction, not to exceed one (1). The numerator of such fraction shall be the number of years, or part thereof, of service with the employer; the denominator shall be ten (10) years. For purposes of this subsection, annual benefit means a benefit payable annually in the form of a straight-line annuity with no ancillary or incidental benefits and with no member or rollover contributions. To the extent that ancillary benefits are provided, the limits set forth in subsections (1) and (2) of this subsection will be reduced actuarially, using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation, to reflect such ancillary benefits. If distribution of retirement benefits begins before age sixty-two (62), the dollar limitation as described in subsection (1) of this subsection shall be reduced actuarially using an interest rate assumption equal to the greater of five (5) percent or the interest rate used in the most recent annual actuarial valuation; however, retirement benefits shall not be reduced below seventy-five thousand dollars ($75,000.00) if payment of benefits begins at or after age fifty-five (55). If retirement benefits begin after age sixty-five (65), the dollar limitation of subsection (1) of this subsection shall be increased actuarially using an interest assumption equal to the lesser of five (5) percent or the interest rate used in the most recent annual actuarial valuation. For purposes of this subsection, average annual compensation for a member's three (3) highest paid consecutive years means the member's greatest aggregate compensation during the period of three (3) consecutive years in which the Supp. No. 30 188.23 § 2-310.14 ATLANTIC BEACH CODE individual was an active member of the plan. The special maximum retirement income limitation applicable to police officers at the normal retirement date shall be as set forth in Section 415(g) and (h) of the Internal Revenue Code of 1986 and amendments thereto and such amount shall be adjusted in accordance with regulations promul- gated by the secretary of the treasury or his/her delegate. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.15. Subrogation rights. If a member of the retirement system, retirant, or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the retirement system shall be subrogated to the rights of such member, retirant or beneficiary against such third party to the extent of pensions which the retirement system pays or becomes liable to pay on account of such accident or injury. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.16. City contribution. (a) The plan shall be funded by contributions from member contributions, as provided in section 2-310.27, state funding provided for in F.S. § 185.08, contributions from the city, and other income sources as authorized by law. (b) State funding shall be provided from premium taxes collected and disbursed pursuant to F.S. § 185.08, which moneys shall be deposited in the fund within five (5) calendar days of receipt be the city with the understanding that these premium tax revenues shall be deposited into and become an integral part of this fund and may not be used for any other purpose. (c) City contributions shall be made to the plan, on at least a quarterly basis, in an amount which, together with the member contributions provided for in section 2-310.27 and the state premium taxes funding provided for in subsection (b) and other income sources as authorized by law, sufficient to meet the normal cost of the plan and to fund the actuarial deficiency over a period of not more than thirty (30) years, as determined by the Florida Statutes required actuarial valuation. Such contributions shall be computed as level percents of member payroll in accordance with generally accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of trustees shall from time to time adopt. The board shall annually certify to the city the contributions determined according to this section, and the city shall appropriate and pay to the retirement system, the contributions so certified. (d) All benefits and expenses shall be paid in accordance with the provisions of this pension plan and consistent with Florida Statutes and the Internal Revenue Code. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.17. Investment of retirement system assets. The board of trustees shall be the trustee of the monies and assets of the retirement system. The board shall have full power and authority, in their sole discretion, to invest and reinvest such funds as are not necessary for current expenditures or liquid reserves, as they may from Supp. No. 30 188.24 ADMINISTRATION § 2-310.20 time to time determine. The trustees may sell, exchange or otherwise dispose of such investments at any time. The trustees shall have the authority, in respect to any stocks, bonds, or other property, real or personal, held by them as trustees, to exercise all such rights, powers and privileges as might be lawfully exercised by any person owning similar stocks, bonds, or other property in his own right. The trustees are authorized to invest in those stocks, bonds, and other securities permitted by the investment policies or guidelines adopted by the trustees in compliance with all requirements and limitations of Chapter 185, of the Florida Statutes. (a) Delegation and allocation of investment functions. (1) The trustees shall have the power and authority to appoint one (1) or more investment managers who shall be responsible for the management, acquisition, disposition, investing, and reinvesting of such of the assets of the trust fund as the trustees shall specify. Any such appointment may be terminated by the trustees upon written notice. The fees of such investment manager shall be paid out of the trust fund. The trustees shall require that the investment manager acknowledge in writing that it is a named fiduciary with respect to the plan. (2) In connection with any allocation or delegation of investment functions under this section, the trustees shall, from time to time, adopt appropriate investment policies or guidelines that comply with all requirements and limitations of Chapter 185 of the Florida Statutes. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.18. Expenses. The expenses of administering the retirement system, including the premiums for fiduciary liability and waiver of recourse insurance covering the board of trustees and the retirement system, shall be paid by the plan. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.19. Method of making payments. All payments under this division shall be made according to the provisions of the city charter and city ordinances governing the disbursement of city monies. No payment shall be made that has not been authorized by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.20. Assignments prohibited. (a) Generally. The right of a person to a pension, disability, death, or survivor benefit, and any other right accrued or accruing to any person under the provisions of this division and any monies in assets belonging to the retirement system, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever, and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the Supp. No. 30 188.25 § 2-310.20 ATLANTIC BEACH CODE coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of set off for any claim arising from embezzlement by or fraud of a member, retirant, or beneficiary in addition to any other remedies, including forfeiture of benefits, provided by law. (b) Direct transfers of eligible rollover distributions. This subsection applies to distributions made on or after October 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (2) "Eligible retirement" means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.21. Errors. Should the board of trustees determine that any member, retirant, or beneficiary is being paid from the retirement system more or less than is correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant, or beneficiary was correctly entitled shall be paid. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.22. Protection against fraud; forfeiture. (a) Whoever willfully and knowingly makes, or causes to be made, or assists, conspires with, or urges another to make, or causes to be made, any false, fraudulent, or misleading oral or written statement, or withholds or conceals material information with the intent to obtain Supp. No. 30 188.26 ADMINISTRATION § 2-310.25 any benefit available under this retirement system shall be in violation of section 185.185 of the Florida Statutes. Any member convicted of such violation may, in the discretion of the board of trustees, be required to forfeit the right to receive any or all benefits he/she may be otherwise be entitled to under this retirement system. For purposes of this subsection, "conviction" shall mean a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (b) Any member who is convicted as provided in F.S. Section 112.3173 of a specified offense committed prior to retirement, or whose employment is terminated by reason of an admitted commission, aid, or abatement of a specified offense, shall forfeit all rights and benefits under this pension plan, except for return of accumulated contributions as of his/her date of tee urination. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.23. Response to claims and inquiries. All inquiries shall be answered promptly. The final decision for approval of benefits shall be made by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.24. Denial of benefits. If any claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant shall be furnished with a notice of denial, suspension, or termination no later than thirty (30) days after the final decision has been made. The notice shall be provided in writing, by certified mail, and shall set forth: (1) The specific reasons for the denial, suspension, or termination of benefits; (2) The specific references to the pertinent provisions of the pension plan upon which the action is based and a copy of the pension plan provisions shall be furnished with this notice; (3) A description of any additional material or information necessary for the claimant to perfect the claim, along with an explanation of why such material or information is necessary; and (4) An explanation of the claims review procedure. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.25. Claim review procedure. (a) Requests for review. If a claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant may appeal to the board of trustees for a full and fair review. In order to file an appeal, a written notice of appeal must be submitted within sixty (60) days after the notice of denial, suspension, or termination is received by the claimant (or such later time as the board of trustees deems reasonable). The notice of appeal shall briefly describe the grounds upon which the appeal is based on shall be signed by the claimant. The claimant shall Supp. No. 30 188.27 § 2-310.25 ATLANTIC BEACH CODE be allowed to review all pertinent documents during normal business hours, and shall be permitted to submit comments and a statement of issues for consideration by the board of trustees. (b) Representation. A claimant may designate an attorney or any other duly authorized person to act as his or her representative at any stage of the claims review procedure. Any rights provided to the claimant during the claims review procedure shall automatically extend to the representative designated by the claimant. A designation of representative shall be signed by the claimant and the representative, and shall be submitted in writing. (c) Claims review board. The board of trustees shall rule on all appeals brought under this section. A decision to grant or deny an appeal shall be based solely on the record before the board of trustees, unless the board of trustees determines, in its sole discretion, that a hearing is necessary for the proper resolution of the appeal. The board of trustees shall decide, by majority vote, to grant or deny an appeal. The final decision shall be made by the board of trustees, in writing, and shall be made no later than sixty (60) days after receipt of the notice of appeal, unless special circumstances (such as the need for a hearing) require an extension of time. In no event, however, should the decision of the board of trustees be made later than one hundred twenty (120) days after receipt of the notice of appeal. If an appeal is denied, in whole or in part, then the decision shall set forth the specific reasons for the action, with specific references to those pension plan provisions upon which the decision is based. The claimant shall be promptly provided with a copy of this decision. The decision of the board of trustees shall be final and binding. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.26. Exhaustion of claims review procedure. No action in law or in equity shall be brought to contest a denial, suspension, or termination of benefits until the claimant has complied with the procedures provided in section 2-310.25, unless the board of trustees fails to render a decision as provided in section 2-310.27(c). In no case, however, shall any action be brought unless instituted within one (1) year from the time the claimant received the notice of denial, suspension or termination provided in section 2-310.24. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.27. Member contributions. (a) Member contributions for benefit group police bargaining unit members covered by the current collective bargaining unit collective bargaining agreement shall be one (1) percent of salary and for other benefit group police members shall be four and eight hundred fifteen thousandths (4.815) percent of salary, which said contribution shall be deducted from the member's pay and paid over into the retirement system each pay period. (b) The City of Atlantic Beach shall assume and pay the member contributions set forth above in lieu of payroll deductions from members' earnings. No member shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the city Supp. No. 30 188.28 ADMINISTRATION § 2-310.28 directly to the retirement system. All such contributions by the city shall be deemed and considered as part of the member's contributions and subject to all provisions of this plan pertaining to contributions of members. Such contributions shall additionally be considered as part of the member's compensation for purposes of determining final average compensation and other benefits hereunder and for determining the member's hourly wage rate for purposes of FICA contributions, worker's compensation, and overtime compensation. This city pick up of contributions is a result of a commensurate reduction of each member's pay and is intended to comply with Section 414(h)(2) of the Internal Revenue Code. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years towards retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his/her contributions made to the city pension trust fund, plus any interest accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits paid to him/her. Any such member may voluntarily leave his or her contributions in the fund for a period of five (5) years after leaving the employ of the police department pending the possibility of his or her being rehired by the same department, without losing credit for the time he or she has participated actively as a police officer. If he or she is not reemployed as a police officer with the same department within five (5) years, his or her contributions shall be returned to him or her. (d) If an employee who has been in the service of the city for at least five (5) years and has contributed to the pension trust fund as provided, elects to leave his/her accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-310.5, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (e) If a member who terminates employment elects a refund of contributions and: (1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal Revenue Service; (2) Elects to have such eligible distribution paid directly to an eligible retirement plan or IRA, and (3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in such form and at such time as the distributing plan administration may prescribe). The distribution will be made in the form of a direct trustee -to -trustee transfer to the specified eligible retirement plan. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.28. Benefit limitations and required distributions. (a) Benefits paid under this city police officer employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. Supp. No. 30 188.29 § 2-310.28 ATLANTIC BEACH CODE (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.29. Reserved. Editor's note—Ord. No. 58-04-29, adopted March 8, 2004, repealed § 2-310.29, which pertained to benefit enhancements and derived from Ord. No. 58-99-26, § 2, 7-10-00. ARTICLE VII. FINANCE* DIVISION 1. GENERALLY ... _. 2-31.t. rifi&z-.7 The fiscal year of the city is hereby established to begin on October first of each year and end on September thirtieth of the following year. (Code 1970, § 8-1; Ord. No. 5-99-32, § 1, 12-14-99) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An *Cross references—Any ordinance promising or guaranteeing payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or any obligation assumed by the city saved from repeal, § 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department of finance, § 2-71 et seq.; taxation generally, Ch. 20. State law references—Municipal finance and taxation. F.S. § 166.201 et seq.; municipal borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. Supp. No. 30 188.30 ADMINISTRATION § 2-312 approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of such income. (Laws of Fla., Ch. 57-1126, § 65; Ord. No. 5-99-32, § 1, 12-14-99) Supp. No. 30 188.31 Chapter 3 ALCOHOLIC BEVERAGES* Sec. 3-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them within this section. Where applicable and appropriate to the context, definitions and provisions as set forth within chapters 561-565, Florida Statutes, shall be used in conjunction with these terms and the requirements of this chapter. Alcoholic beverage license shall mean that license issued to a person or location by the state division of alcoholic beverages and tobacco of the department of business and professional regulation (division). Alcoholic beverages shall mean distilled spirits and all beverages containing one-half of one (1) percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and compairing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water. Licensed premises shall mean not only rooms or portions of a building where alcoholic beverages are stored or sold by the licensee, but also all other portions of the premises, which are closely connected so as to admit free passage from any bar or drinking room to any other portion of the premises over which the licensee has some dominion or control. Licensee shall mean a business or a legal entity, or person(s) that holds a license issued by the division, and which meets the qualifications as set forth in section 561.15, Florida Statutes. Off -premises consumption shall mean consumption of alcoholic beverages not occurring on the licensed premises. On premises consumption shall mean consumption of alcoholic beverages occurring on the licensed premises. Sale or sell shall mean any transfer or dispensing of an alcoholic beverage for any form of fee, consideration, or gift. Special event permit shall mean a permit approved by the City of Atlantic Beach, signed by the city manager or his designee, as authorized under section 3-9(b) of this chapter. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) Cross reference—Definitions and rules of construction generally, § 1-2. *Editor's note—Ord. No. 10-04-22, § 2, adopted May 10, 2004, repealed former §§ 3-1- 3-11, and enacted similar provisions as set out herein. Former §§ 3-1-3-11 derived from Code 1970; Ord. No. 10-80-13, 4-28-80; Ord. No. 10-82-14, 1-24-83; Ord. No. 10-83-15, 2-14-83; Ord. No. 10-85-16, 9-23-85; Ord. No. 10-93-17, 2-8-93; Ord. No. 10-94-19, 12-12-94; Ord. No. 10-97-20, 1-27-97; Ord. No. 10-02-21, 1-28-02; and Ord. No. 90-82-73, 7-28-02. State law reference—Liquors and beverages, F.S. § 561.01 et seq. Supp. No. 30 245 § 3-2 ATLANTIC BEACH CODE Sec. 3-2. Hours of sale. (a) It shall be unlawful for any licensee to sell, offer for sale, serve, give away, dispense or dispose of alcoholic beverages, or permit the same to be consumed upon any licensed premises between the hours of 2:00 a.m. and 7:00 a.m. all days of the week. (b) The licensed premises where any alcoholic beverages are kept, except for restaurants, grocery stores and markets where the primary business is the sale or serving of food, shall be closed for business between the hours of 2:00 a.m. and 7:00 a.m. all days of the week. No person shall be permitted on the premises of such business during such hours, except to clean up the premises, to perform necessary functions for closing the establishment, or to perform necessary maintenance. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) State law reference Authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2). Sec. 3-3. Persons not holding an alcoholic beverage license. It shall be unlawful for any person(s) or business operating for profit, but not licensed to sell alcoholic beverages within the city, to sell, serve, give away or dispense alcoholic beverages or allow the same to be consumed upon any business premises between the hours of 2:00 a.m. and 7:00 a.m. all days of the week. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) Sec. 3-4. Premises where retail sales for off -premise consumption are permitted. (a) Retail sale, limited to beer as defined by section 563.01, Florida Statutes, and wine as defined by section 564.01, Florida Statutes, shall be permitted only upon the following licensed premises. (1) Business within the commercial general zoning district abutting Atlantic Boulevard or Mayport Road or businesses located within the central business district; and (2) Establishments in locations presently open for business and where a current valid alcoholic beverage license exists as of the effective date of this amended ordinance. (b) Retail sale of alcoholic beverages, which includes liquor as defined by section 565.01, Florida Statutes, in addition to beer and wine, shall be permitted only under the following conditions and upon the following licensed premises. (1) Business properly licensed by the City of Atlantic Beach for the retail sale of alcoholic beverages, and (2) Business located within the commercial general zoning district only and subject to approval of a use -by -exception in accordance with section 24-63 of the city code. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) State law reference—Authority to regulate location of alcoholic beverage establishments, F.S. § 562.45(2). Supp. No. 30 246 ALCOHOLIC BEVERAGES § 3-8 Sec. 3-5. Premises where sales for on -premises consumption are permitted. The sale of any alcoholic beverages for on -premise consumption, including beer, wine and liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to restaurants, cafes, bars and private clubs within commercial general and commercial limited zoning districts or the central business district in compliance with chapter 24 of the city code and subject to approval of a use -by -exception in accordance with section 24-63. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) State law reference—Authority to regulate location of alcoholic beverage establishments, F.S. § 562.45(2). Sec. 3-6. Existing establishments and alcoholic beverage licenses previously issued. (a) Businesses, where a current valid alcoholic beverage license and a current valid occupational license exist as of the effective date of this amended ordinance, may continue to operate in accordance with this chapter, and the right to renew such licenses shall not be changed by provisions of this chapter, provided that such business is in compliance with other applicable provisions of the city code. (b) A current valid alcoholic beverage license may be transferred to a new location within the city provided that such new location is in compliance with chapter 24 of the City Code. The number of times the license may be transferred shall not be limited as long as each new location meets the requirements of this chapter and other applicable provisions of the city code. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) Sec. 3-7. Lighting requirements on premises. Business licensed to sell alcoholic beverages within the city, shall maintain sufficient lighting for the safety of patrons and employees during all times that the business is open or occupied by employees. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) Sec. 3-8. Consumption on licensee's premises. It shall be unlawful for any person(s) to consume alcoholic beverages on any licensed premises except: (1) Inside of the building that is the licensed premises; or (2) Within a recreation area contiguous to the building that is owned or leased, and maintained and controlled by the licensee and used exclusively for recreational purposes including but not limited to golf facilities, tennis facilities, swimming facilities, or other recreational purposes; or (3) Within an outdoor seating or dining area contiguous to the building that is owned or leased, and maintained and controlled by the licensee. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) Supp. No. 30 247 § 3-9 ATLANTIC BEACH CODE Sec. 3-9. Consumption and possession of open container upon public property. (a) Except in accordance with following subsection (b), it shall be unlawful for any person(s) to consume alcoholic beverages upon public properties within the city, or for any person(s) to be in possession of any open container of an alcoholic beverage upon public properties within the city. Such public property shall include, but not be limited to, streets, sidewalks, highways, parks, waterways and the ocean or beach. (b) The city manager may, for special events, grant a special event permit to allow the consumption of beer and wine and the possession of open containers of beer and wine upon public properties within the city, subject to the following conditions. (1) No beer or wine shall be consumed out-of-doors in any public park areas, except that up to four (4) festivals in any one (1) calendar year may be approved. (2) All public consumption of beer and wine upon any city property, as may be permitted by this section, shall end no later than 11:00 p.m. (3) The applicant for a special event permit shall sign a written agreement committing to comply with any reasonable conditions as deemed necessary by the city manager to protect the best intests of the city and its residents, and shall as a condition of the special event permit, agree to hold the city harmless and assume all liability for any damage to public property or any incident occurring as a direct or indirect result of the special event. (Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04) Supp. No. 30 248 [The next page is 299] BUILDINGS AND BUILDING REGULATIONS § 6-17 governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this code shall be defended by the department of law until the final termination of the proceedings. (6) Reports. The building official shall submit annually a report covering the work of the building department during the preceding year. He may incorporate in said report a summary of the decisions of the board of adjustments and appeals during said year. (b) Powers and duties of the building official. (1) General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official is further authorized to render interpretations of this code, which are consistent with its spirit and purpose. (2) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this Code. (3) Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state Supp. No. 30 409 § 6-17 ATLANTIC BEACH CODE the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. (4) Revocation of permits. a. Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentations as to the material fact in the application or plans on which the permit or approval was based. b. Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. (5) Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall not be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code. (6) Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. (Ord. No. 25-02-32, § 2, 11-11-02) Sec. 6-18. Construction site management. (a) Issuance of permit. No building permit shall be issued unless a construction site management plan has been submitted and approved by the building official. Persons who intend to make any of the following improvements: lot clearing, grading, stockpiling of soil, demolition, building construction or reconstruction, building alteration or addition shall designate either a licensed contractor or owner -builder for the purposes of the construction site management requirements. These requirements set minimum standards for the operation of the project site to eliminate or minimize impacts to the site and to the neighborhood to include containment of sediment, surface water discharge, erosion of soil, vehicle parking and loading area, traffic control, fencing, placement of materials, safety, neatness and cleanliness. Supp. No. 30 410 BUILDINGS AND BUILDING REGULATIONS § 6-18 (b) Construction site management plan. Contractor shall submit a construction site man- agement plan with a building permit application which includes the following submittal requirements unless waived by the building official: (1) Location of proposed demolition. (2) Grading and drainage surface water management plan for street and project site, chapter 24, article III, division 3, section 24-67 including: a. Drainage plan during construction in compliance with subsection (d). b. Final grading and drainage plan upon completion of construction for street and project site in compliance with chapter 22, utilities and approval by public works. (3) Parking plan, including: a. Location of onsite and abutting street parking area. b. Offsite parking plan in compliance with subsection (e)(4) and the following: 1. A single access with dimensions; 2. Buffering for adjacent waterways and streets, as approved by the building official; 3. A temporary fence location, height and type of fence with screening. (4) (5) (6) (7) (8) Fencing plan, showing location, height and type of fence with screening or evidence that proposed construction does not warrant a construction fence in compliance with subsection (g)(6) as determined by the building official. Location of construction trailer(s), loading/unloading area and material storage Location of chemical toilet(s). Location of dumpster. Traffic control plan, showing access with dimensions, area to be stabilized, narrative on phasing of construction with provision of adequate parking and delivery of materials. area. (9) Other activities, where special conditions are identified by the building official. (c) Approval / waivers. The building official shall review, approve or deny the construction site management plan. The building official is hereby authorized to grant waivers from submittal requirements and corresponding standards: (1) If the requirement is unrelated to proposed development; or (2) If the impact of the proposed development is negligible in the submittal requirement area. Supp. No. 30 410.1 § 6-18 ATLANTIC BEACH CODE (d) Parking during development of project. (1) Parking on-site. Contractor shall provide for parking on the project site and abutting right-of-way to the greatest degree possible. Alternative parking sites may include adjacent vacant lot or offsite parking lots in the immediate area as approved in the site management plan. (2) Access. Use of the public right-of-way for access to and from the project site as shown on the construction site management plan shall be strictly managed by the contractor. Contractor shall maintain the public street adjacent to the project site free of dirt, sand or any other debris resulting from construction activities. The public right-of-way adjacent to the project site shall be broom swept on a regular basis keeping it free of dirt, sand and other debris. Failure to remove said material on the day of occurrence is a violation. (3) Temporary graveled or stabilized area for construction access and parking. Contractor shall provide a graveled or stabilized area as shown in the construction site manage- ment plan. The stabilized area shall be located at points where vehicles enter and exit the construction site and the parking location. When a right-of-way area is used for parking, the contractor shall provide a graveled or stabilized area on the right-of-way. Upon completion of the project, the contractor shall restore the right-of-way to its original condition or better. The purpose of the graveled or stabilized area at the entrance to the project site is to eliminate and reduce tracking or flow of sand, mud, concrete wash or other related material onto the right-of-way. (4) Offsite parking. If the construction site management plan illustrates proposed parking in the right-of-way, the application shall be accompanied by a city right-of-way permit. The building official may temporarily permit offsite parking on vacant lots other than the project site with the written permission of the owner of the lot where the vehicles are to be parked and in compliance with the following standards: a. Compliance with the construction site management plan. b. The lot shall be used for parking only. c. There shall be no storage of materials, trailers or construction equipment. d. There shall be no loading and unloading of materials or machinery. e. Parking within the right-of-way abutting the off-site parking lot may be approved by the building official. Sufficient ingress and egress to the vacant lot must be maintained. f. A temporary six-foot fence with fabric or screen or other materials as approved by the building official shall be located at the front, side, and rear lot line of the temporary parking area except where a lot line is located on the water. Where a lot line is along the water, the fence shall be placed no closer to the water than the yard setback line and shall not exceed three (3) feet in height. The fence gate shall Supp. No. 30 410.2 BUILDINGS AND BUILDING REGULATIONS § 6-18 remain locked during non -working hours. The fencing shall remain on-site until the off-site parking is no longer needed to complete the project site and shall be removed prior to issuance of a certificate of occupancy for the project site. g. The offsite parking shall occur no earlier than 7:00 a.m. and no later than 6:30 p.m. Loitering is prohibited. h. The offsite parking lot shall be restored to its original condition prior to issuance of a certificate of occupancy for the project site and shall include proper grading, replacement of trees, planting of grass and other landscape material as approved by the property owner. (e) Material storage. Material associated with the project site including equipment shall be neatly stored on the site (within the fenced area when applicable). The storage of material shall not obstruct access to the structure under construction or create a public safety hazard. All loading or unloading of materials and/or equipment is limited to the construction site and adjacent right-of-way. (f) Construction fencing. A project site that meets the following standards is required to install a construction fence which means a temporary six-foot chain link fence with fabric, or other screening material. (1) Clearing, grading or demolition. A construction fence is required where clearing, grading, stockpiling of soil or demolition is proposed as follows: a. A lot located in the residential or commercial zoning districts shall install a fence on the front, side, and rear lot lines prior to commencement of clearing, grading or demolition. Fencing may be removed upon final electrical inspection. b. All other lots shall install a fence on the side and rear lot lines. Fencing may be removed upon final electrical inspection. (2) Major remodeling. Major remodeling shall mean an increase in the building volume of ten thousand (10,000) cubic feet or more; or an increase in the building footprint of one thousand (1,000) square feet or more; or new construction with a building footprint of one thousand (1,000) square feet or more. A construction fence is required for major remodeling as follows: a. A lot located in the residential or commercial zoning districts shall install a fence on the front, side and rear lot lines. Fencing may be removed upon final electrical inspection. b. All other lots shall install a fence on the side and rear lot lines. Fencing may be removed upon final electrical inspection. (3) Major alteration. Major alteration shall mean where fifty (50) percent or more of the gross square footage of an existing structure is proposed for reconstruction, rehabili- tation, removal of wall(s), alteration or other improvement excluding replacement of the roof. A construction fence is required for major alteration as follows: a. A lot located in the residential or commercial zoning districts shall install a fence on the front, side and rear lot lines. Fencing may be removed upon final electrical inspection. Supp. No. 30 410.3 § 6-18 ATLANTIC BEACH CODE b. All other lots shall install a fence on the side and rear lot lines. Fencing may be removed upon final electrical inspection. (4) Exception from six foot height requirement. a. Where a construction fence is required and the property line is located on the water in any zoning district, that portion of the construction fence along the water shall be located no closer than the yard setback line at a height no higher than three (3) feet. b. In a zoning on a waterfront facing the rear yard lot, the side lot line fence shall be lowered to three (3) feet for that portion which is the greater of: 1. Thirty (30) feet from the mean highwater line; or 2. Thirty (30) feet from the platted waterfront building line. (5) Alternative to fence. An existing hedge or visual barrier of at least six (6) feet in height along any lot line may be considered an equivalent of the construction fence. The contractor shall make this request in writing to the building official. (6) Exception to installation of construction fence. Where a construction fence would be required for a residential lot pursuant to subsection (1)b., (2)b., or (3)b., and contractor obtains a construction fence waiver from the adjacent property owner or tenant that abuts the project site, the building official may waive the requirement for all or a portion of the construction fence. (7) Installation. Installation of a construction fence shall occur prior to any construction activity or material deliveries. The fence shall not be placed so as to create a public sitee the fence ce to 1 11 safety �'1a7aTd. `hTliara }j,e, project is enclosed by a fence, Shu c.,iii� gc2iv shall be pr �:. ..�_u locked during nonworking hours. (g) Signs. A twelve inches by eighteen inches (12" x 18") sign shall be posted by the contractor on the project site in the location approved on the construction site management plan which is readable from the street. The sign shall contain the street address of the property, phone number for the City of Atlantic Beach and the name and phone number of the general contractor. The sign is exempt from chapter 17. This sign shall be maintained in a readable condition until completion of construction. (h) Site cleanliness. Contractor shall have the entire construction site cleaned by Friday of each week. Cleaning for purposes of this section means, without limitation, removal and placement into a dumpster of scrap lumber, concrete remnants and roof tile from the project site. The project site shall be free of all loose debris such as cans, metal, plastic and paper. (i) Temporary trailer. When a temporary trailer is proposed and a construction fence is required, it shall be located on the project site within the fence at the location shown on the construction site management plan. Supp. No. 30 410.4 BUILDINGS AND BUILDING REGULATIONS § 6-18 (j) Chemical toilets. Chemical toilets shall be located inside the project fence and accessible for servicing. Where a fence is not required, the contractor shall locate the chemical toilet facing towards the rear of the project site and no further than fifteen (15) feet from the structure under construction except where another location has been authorized by the building official due to the size of the lot and ease of access to the chemical toilet. (k) Landscaping. Damage to any landscaping on an abutting or adjacent property as a result of the construction shall be replaced and restored at the contractors expense to its original condition. Failure to replace and repair is a violation. (1) Dumpster. Construction site dumpster shall be located inside the fence. Where a fence is not required, it shall be located on the project site. The dumpster shall be emptied in a timely fashion so there is no overflow of debris or litter. All dumpsters will have tarp covers or rigid covers during windy days. Prior to a certificate of occupancy being issued, the dumpster shall be removed from the site. (m) Limitation of certain construction activities. Pile driving and steel erection activity shall be limited to Monday through Friday, excluding federal holidays, during the hours between 8:00 a.m. in the morning until 5:00 p.m. in the evening. Demolition activity shall be limited to Monday through Friday, excluding federal holidays, during scheduled work hours between 8:00 a.m. in the morning and 5:00 p.m. in the evening. (n) Construction related traffic control. A contractor, owner, vehicle operator or any persons associated with the project site who impedes or obstructs the public right-of-way shall be in violation of this Code. Parking, loading, unloading or any related activity on the public right-of-way is prohibited unless consistent with section. (o) Weather emergency. It is the responsibility of the contractor to remove construction materials from the project site or secure construction materials at the project site commencing with issuance of a tropical storm or hurricane warning announcement until the time set forth in subsection (4). (1) Declaration. When the National Weather Service, National Hurricane Center or appropriate weather agency declare a tropical storm warning or a hurricane warning for any portion of Duval County, Florida, all construction materials, including roof tiles, on all project sites within the city shall be secured and stored onsite in a safe manner or removed so that no material can become a safety hazard with hurricane or tropical storm force winds. (2) Notice. Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of a tropical storm warning or a hurricane warning is hereby deemed notice to the contractor. The contractor is responsible for the project site by securing onsite or removing from the site any construction materials or debris to protect against the effect of hurricane or tropical storm force winds. By holding a building peiuiit during hurricane season, contractor shall monitor the National Weather Service and the National Hurricane Center for weather emergencies. Supp. No. 30 410.5 § 6-18 ATLANTIC BEACH CODE (3) Materials. Materials stockpiled on top of any structure under construction shall be handled as follows: a. Band construction materials together and fasten them to the top of the structure in such a manner to prevent the material from becoming airborne during a tropical storm or hurricane; or b. Remove construction materials from the top of the structure and secure them to the ground; or c. Remove construction materials from the project site; or d. Store construction materials inside a structure if said structure is secure from tropical or hurricane force wind loads. (4) Construction materials, debris or any material capable of becoming airborne shall remain secured and stored on the project site or shall be removed from the project site until the National Weather Service or National Hurricane Center has removed all portions of Collier County from those areas included in a tropical storm warning or hurricane warning. (p) Nuisance. A nuisance maintained on a project site is a violation of this Code. (Ord. No. 25-04-35, 3-8-04) Secs. 6-19-6-23. Reserved. Sec. 6-24. Nonhabitable major structures; residential dune crossover structures. (a) Nonhabitable major structures need not meet the specific structural requirements of section 6-23, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found elsewhere in this Code. All sewage treatment and public water supply systems shall be floodproofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions. Supp. No. 30 410.6 BUILDINGS AND BUILDING REGULATIONS § 6-25 (b) All residential dune crossover structures shall be constructed in accordance with the beach dune walkover design as displayed in the plan attached to Ordinance No. 25-96-29, and a copy of which will be kept in the city clerk's office and the office of the building official. Walkovers will have strict adherence to this design and shall not vary more than ten (10) percent in height to allow for changes in topography of the dune system. TO OCEAN 2X TREADS 2X12 STRINGS MOS SUPPORT/ 4X4 SUPPORT POST BEAMS !ill ===._m_ '==H 1111 Illi— — — �- ,L,p — axe � _ .wt_. =====.44 �L-- , 11 11! TYPICAL PLAN SCALE: 1/4. 44 1'-0" 2X0 DECK HOT DIPPED OILY DOLTS lc WASHERS U 2X8 DECKING 2X>%EAMP ��I --SAI .n DUNE PROFILE 1O'.4. MAXIMUM FROM VEGETATION TYPICAL SECTION SCALE: 1 /4" - 1 *-0" BEACH STORM PROFILE (MAXIMUM EXPECTED RECESSION) NOTE: PLACE STEPS ON SUCH SIDE TO LEVEL OF MAXIMUM BEACH RECESSION DURING A SEVERE STORM. r -o' TTP. NOTES: Alt. LUMBER TO DE PRESSURE TREATED AU. CONNECTIONS TO BE HOT DIPPED GALVANIZED OR STAA&ESS STEEL. 4X4 MNL. SUPPORT POSTS 2X10 MAX. SUPPORT BEAMS 2X12 MAY. STAIR STRINGERS 2X12 MAX. Jests 2 THICK MAX. DECKING SUPPORT POST SHALL NOT BE ENCASED IN CONCRETE. Beach Dune Walkover (Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96) Sec. 6-25. Boathouses, docks and gazebos on docks. (a) Purpose and intent. It is the intent of this section to insure that on intracoastal, lake front, marsh front, canal front, stream front lots no boating hazards will be created, water pollution from stormwater runoff and other sources will be minimized, views of water from Supp. No. 30 410.7 § 6-25 ATLANTIC BEACH CODE adjoining properties will not be unduly impaired, and the appearance of the shore when viewed from the water will be kept as natural as reasonably possible. Atlantic Beach's intracoastal lakes, canals and streams are among the city's greatest assets, and it is in the public interest to require that their aesthetic appeal and water quality be maintained and enhanced when possible. (b) Site plan. A building permit shall not be issued for any new structure, addition to any existing structure, fence or wall or significant change of an existing property on an intracoastal, lake front, marsh front, canal front, or stream front lot until a satisfactory site plan therefore is reviewed and approved. The requirements of this section are minimum requirements, and the planning and zoning department may impose more restrictive requirements and condi- tions on the height, bulk, location and any other aspect of the proposed development where necessary in order to accomplish the purpose and intent of the section. (c) Docks, boathouses and gazebos on docks. The following minimum or maximum stan- dards shall apply to all construction or renovation of docks, boathouses and gazebos on docks: (1) Before a building permit is issued, the plans for docks, boathouses and gazebos on docks shall be approved by the building and planning department. (2) The total area of docks, boathouses and gazebos on docks built at the waters edge over land and water shall not exceed six hundred (600) square feet. (3) All new docks, boathouses and gazebos on docks shall be constructed ten (10) feet from a side lot line. This side setback can be reduced to five (5) feet if written approval is presented from the adjacent property owners. (4) All new docks, boathouses and gazebos on docks shall not extend over thirty (30) feet into the water from the elevations specified in section 31-22(4)(e). (5) The highest point of a boathouse or gazebo roof or any railing shall not exceed nine (9) feet, and the roofs must be pitched so as to eliminate flat roofs and use of such areas as sundecks. The height shall be measured from the surface of the dock or floor to the highest point of the roof or railing. In addition, the surface of any dock, sundeck, or floor of any boathouse, gazebo, etc. shall not be more than two (2) feet above the elevations specified in subsection (4)(e). (6) In order that all docks, boathouses or gazebos on docks be utilized only for boating or other recreational activities and not as living space, there shall be no bathrooms or cooking facilities permitted in them, nor as an improvement to the existing boathouse. There also shall not be any enclosed rooms over water except for storage rooms limited in size to a maximum of eighty (80) square feet. (7) Only one (1) boathouse or gazebo shall be permitted for each waterfront property owner. In the case of common ownership of lakefront property such as in a condomin- ium arrangement or property owned by a subdivision, there shall only be one (1) boathouse or gazebo permitted. Supp. No. 30 410.8 BUILDINGS AND BUILDING REGULATIONS § 6-25 (8) The sale or lease of a portion of lakefront after January 1, 2004, shall be construed as a subdivision and shall not enable the owners to make application for a dock and boathouse unless that subdivision has received the approval of the city commission. (d) Other structures on intracoastal, lake front, marsh front, canal front or stream front lots. The following standards shall apply to all construction on lake front, marsh front, canal front or stream front lots: (1) Intracoastal, lake front, marsh front, canal front and stream front lots shall be developed to maximize the amount of natural rainfall which is percolated into the soil and to minimize direct overland runoff into the water. With the exception of boathouses, docks, gazebos on docks or other over -water construction, stormwater runoff from structures and other impervious surfaces shall be directed into on-site retention swales and percolation of the first one (1) inch of runoff. Properties being developed or redeveloped shall eliminate any direct piped discharges of stormwater into the water, so that this runoff is directed to the on-site retention and percolation areas. The city staff may require, as conditions necessitate, the submission of soil and water table information, topographic detail, drainage calculations and professionally designed plans so as to insure these requirements are met. All stormwater retention compliance shall prioritize the preservation of existing trees and the impacts of fill or excavation on tree root systems shall be minimized. (2) No intracoastal, lake front, marsh front, canal front or stream front lot owner shall grade the lot in such a way as to interfere with the natural drainage of adjoining lots or in a way that diverts drainage from their lot onto adjoining lots. The city staff may require, as conditions necessitate, the construction of physical features, grading, swaling and piping of roof gutters so as to insure that runoff on a lot does not negatively impact adjoining lots. (3) Structures on intracoastal, lake front, marsh front, canal front, or stream front lots shall, to the extent reasonably possible, be designed and located to minimize their obstruction or degradation of traditional views to and through the property to the water. Structures in this context shall also include fences and walls. The city, may as conditions necessitate, reduce the height of structures, alter their location, size and design so as to accomplish this objective. (4) Structures on intracoastal, lake front, marsh front, canal front or stream front lots shall be developed and landscaped so that when viewed from the water, those structures are as unobtrusive as is reasonably possible. When a lot is being redevel- oped, or a lot's structure is being extended or altered, this may require the planting of new trees and other landscaping in order to achieve this objective. (5) Structures on lakefront lots other than boathouses, docks, gazebos on docks or other overwater construction shall be setback at least fifty (50) feet from the normal high water elevation. For convenience, the normal high water elevations of the city's principal lakes are listed below. Structures in this context shall also include swimming pools, cabanas, screen enclosures, tennis courts and other accessory buildings. Supp. No. 30 410.9 § 6-25 ATLANTIC BEACH CODE (6) Fences on intracoastal, lake front, marsh front, canal front, or stream front lots shall not be permitted to extend into the water beyond the normal high water elevation or into a canal beyond the bulkhead. Fences and walls shall not be permitted which run parallel to or across the lake, marsh, canal or stream within the fifty -foot setback. Fences and walls include any terrace wall or other structure higher than three (3) feet above grade. Fences running down the sides of properties within the fifty -foot setback or across the waterfront within the building setback shall be open fences such as wrought iron, chain link, etc. which allow visibility across property lines. (e) Retaining walls. The construction of retaining walls or seawalls shall be done in accordance with this chapter and chapter 6 of Code of Ordinances for the City of Atlantic Beach. (f) Boathouse lots. Boathouse lots which exist along the water front were accepted by the city under the premise that these lots would serve as lake access for the residents of that subdivision. As such, the purpose and intention of these boathouse lots is to serve as accessory lots to the main residential properties within that subdivision. In accordance with the policies contained within the comprehensive plan, the following regulations shall apply: (1) The buildability and use of all boathouse lots, which are determined to be accessory lots shall be restricted to the owners of real property within the subdivision in which these accessory boathouse lots were platted. (2) Boathouse lots which are held January 1, 2004, by property owners residing outside of the subdivision for which they are platted shall be nonconforming boathouse lots which may still be used for constructing a boathouse and for water access. However, any boathouse lots owned by real property owners on January 1, 2004 in the subdivision for which they were platted, shall only be buildable and used to serve the lake access need or residents of that su divi$ian. (3) Minimum lot widths shall be fifty (50) feet. (4) Canal boathouses or gazebos on docks shall be constructed a minimum of five (5) feet from side lot line. There shall be no front setback. (5) The highest point of a boathouse or gazebo shall be no more than ten (10) feet above the normal high water elevation of the closet lake or water way detailed in subsection (4)(c). (6) Canal boathouses or gazebos shall not exceed four hundred (400) square feet in size for all areas of boathouses, gazebos, stairs, and decking. (7) Canal boathouses shall be located so as not to interfere with navigation and to result in the minimum of loss of existing large oak, pine or cypress trees. Electric service shall be provided via underground wiring. Landscape buffering shall be required to substantially cover fifty (50) percent of the structure. Off-street parking areas shall remain without asphalt, concrete, brick, gravel, grass paver or other improved surface. (Ord. No. 25-04-37, § 1, 7-26-04) Supp. No. 30 410.10 BUILDINGS AND BUILDING REGULATIONS Secs. 6-26-6-30. Reserved. ARTICLE III. ELECTRICAL CODE* Sec. 6-31. Reserved. § 6-30 Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-31, which pertained to standards for materials, installations, etc., and derived from Ord. No. *Cross reference—Electric signs, § 17-12. State law reference—Electrical code, F.S. § 553.15 et seq. Supp. No. 30 410.11 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. 30 533 § 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 within the cuuiiuunity. 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. (d) A minimum finished floor elevation of one (1) foot above the crown of the road of the nearest adjacent roadway shall be maintained in all flood zones. (e) No equipment, including furnaces, utilities, ductwork, etc. shall be allowed below the base flood elevation plus the designated free board. (Ord. No. 25-87-20, § 1 (Art. 5, § 8-5.03), 3-23-87; Ord. No. 25-03-34, §§ 1, 2, 9-22-03; Ord. No. 25-04-36, § 1, 6-14-04) Sec. 8-34. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. Supp. No. 30 534 FLOOD HAZARD AREAS § 8-35 (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; (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 577] Supp. No. 30 534.1 Chapter 12 NUISANCES* Sec. 12-1. Enumeration. (a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and well-being of the community. (b) It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (1) For any person to cause or allow any animal carcass or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health. (2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain on or in any public or private property, house or building, sewer, or gutter, any filth, or rubbish of any kind. (3) For any person to allow, suffer or permit any lot, premises, or place of any kind whatsoever to become neglected so as to become a detriment to public health by the depositing of filth or rubbish of any kind. (4) For any person to allow, suffer or permit stagnant water to accumulate either above or below the ground, or to allow the propagation of mosquitoes therein. (5) For any person to keep, herd, and feed any large animals such as but not limited to hogs, horses, and goats or any small animals in any manner which may be injurious to the health and well-being of any person due to noxious odors, noise, etc. (6) For any person not to post, secure, or safeguard any hazardous condition which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, excavations, construction sites, as well as structurally unsound fences or structures. (7) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of the property for the open storage of any abandoned or inoperable motor vehicles, refrigerators or other appliances, household furniture, glass, building material, building rubbish, or similar items. *Cross references—Nuisance control board, § 2-161 et seq.; noise, Ch. 11; abandoned, wrecked, junked, inoperable, etc., vehicles, § 21-24. State law references—Abatement of nuisances by injunction, F.S. § 60.05; nuisances injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823. Supp. No. 30 735 § 12-1 ATLANTIC BEACH CODE (8) For any person to allow, suffer or permit any building or structure which, by storm damage, fire, decay or other cause to become structurally dangerous, unsafe, dilapi- dated, unsanitary, or vermin infested so that it creates a hazard to the health or safety of the occupants or the public. (9) For any business owning shopping carts to allow such carts to be removed from its premises unless a written policy is in place for the effective retrieval of such carts. The written policy must include provisions for retrieval of shopping carts from public rights-of-way, apartment complexes, undeveloped lots, or other areas within the city, and for retrieval of shopping carts when brought to the attention of the owner by way of complaints from the public or the city. (10) For any person to cause or allow excessive amounts of dirt, debris, or any other substance to collect in any gutter or catch basin, or to accumulate on any street, causing the street to become obstructed, uneven or defaced. (11) For any person or business to allow vegetation other than cultivated plants, shrubs, or trees to exceed a height of more than twelve (12) inches on any developed lot, or within twenty (20) feet of any occupied residential property, business property, or city right-of-way. (12) For any person to discharge water from a water -source heat pump onto a public street or storm drainage system unless such discharge is approved by the city. (Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90; Ord. No. 95-02-80, § 1, 11-11-02; Ord. No. 95-04-88, 7-26-04) Sec. 12-2. Notices, hearings, abatement of conditions. (a) "Wheneverddesignee ., . r..,vcr it is determined by the %li.y manage,: or his after investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the city manager or his designee may, by order in writing, direct any nuisance affecting the sanitary condition of the city or the public health of the city to be abated. The order shall be served upon the owner or occupant or person having the care or custody of the particular property. Where formal notification cannot be served upon the owner, occupant or custodian or public safety precludes the use of certified mail, the order shall be posted in a conspicuous place upon the premises. (b) Upon written notification, or the posting of the property, and within the time allotted for correction, the owner and/or occupant of the property may make written request to the city commission for a hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the city and the property owner and/or occupant may introduce such evidence as deemed necessary (c) If within the time allotted, the condition described in the notice has not been remedied, the city manager or his designee shall cause the condition to be remedied by the city at the expense of the property owner and/or occupant. If a hearing has been held and has concluded Supp. No. 30 736 NUISANCES § 12-3 adversely to the property owner and/or occupant, the city manager or his designee may cause the condition to be remedied by the city at the expense of the property owner and/or occupant unless the city commission otherwise directs. (d) After causing the condition to be remedied, the city manager or his designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the expense plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses 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 the rate of ten (10) percent per annum from the date of the certification until paid. The lien shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time by payment thereof including accrued interest. Notice of the lien may be filed in the office of the city clerk. (Ord. No. 55-82-20, § 2, 3-22-82; Ord. No. 95-04-88, 7-26-04) Sec. 12-3. Reserved. Editor's note—Ord. No. 95-04-88, adopted July 26, 2004, repealed § 12-3 which pertained to penalties for violation of this chapter and derived from Ord. No. 55-82-20, § 3, 3-22-82. [The next page is 787] Supp. No. 30 787 OFFENSES § 13-13 (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) Sec. 13-13. Regulation of fireworks. (a) Definitions. For purposes of this section, the following definitions will apply: Division means the division of the state fire marshal of the department of financial services. Explosive compound means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. Fireworks means and includes any combustible or explosive composition or substance or combination of substances or, except, as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or Supp. No. 30 793 § 13-13 ATLANTIC BEACH CODE detonation. The term includes blank cartridges and toy cannons in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance; but excludes starter pistols and toy cannons used during organized sporting events and/or city -approved parades or celebrations. For purposes of this section, the definition of "Fireworks" does not include any item listed in section 791.01(4)(b)and(c), Florida Statutes. Sparkler means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is hand held or ground based, cannot propel itself through the air, and contains not more than one hundred (100) grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks. (b) General regulations. (1) Except as hereinafter provided, it shall be unlawful for any person, firm, copartner- ship, or corporation to possess, use, sell, or explode any fireworks within the municipal boundaries of the City of Atlantic Beach. Any fireworks found as a result of a violation of this section will be confiscated and destroyed. (2) Sparklers as defined in this section are exempt from the provisions of subsection (b)(1). (3) Notwithstanding the requirements of subsection (b)(1), the City of Atlantic Beach has the authority to authorize the granting of permits for supervised public displays of fireworks within the municipal boundaries of the City of Atlantic Beach, as provided in section 791.02(1), Florida Statutes. (c) Penalty. Any person violating any provision of this section shall be guilty of an offense punishable by a fine of fifty dollars ($50.00) per violation, payable within ten (10) days of issuance of a citation at City Hall, located at 800 Seminole Road in Atlantic Beach, Florida. A late fee of ten dollars ($10.00) shall be attached to any fine not paid by the due date. (Ord. No. 95-04-87, § 1, 6-14-04) Secs. 13-14-13-150. 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, did not specifically amend the Code; therefore, inclusion as §§ 13-151-13-158 was at the discretion of the editor. Supp. No. 30 794 OFFENSES § 13-154 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. 30 795 § 13-155 ATLANTIC BEACH CODE 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 th puT,nts, guardian, or pBSOlI having (:UuG(iUy U1' (Ui1G1'Ul 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. 30 796 [The next page is 839] 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 perforin 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. 30 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) Monthly water base facility charges for customers inside the city: A monthly water base facility charge will be levied upon each connection in accordance with the following: Residential Single-family residential and single-fam- ily individual -metered mobile homes Supp. No. 30 1280 $6.35 per account UTILITIES § 22-27 Multifamily residential $4.77 per unit Master -metered mobile homes $4.77 per site Travel trailers $4.77 per site Hotel/motel $4.77 per room Hotel/motel with kitchen $4.77 per room Commercial Master -metered commercial $6.35 per unit Restaurants, laundries, and car wash con- nections Based on meter size phase in table below All other commercial customers Based on meter size phase in table below Irrigation All Residential $6.35 per account All Commercial Based on meter size phase in table below Water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows: Effective Effective Effective Meter Size Effective October 1, October 1, October 1, (in inches) Immediately 2005 2006 2007 5/s or 3/4 $6.35 $6.35 $6.35 $6.35 1 $6.75 $7.14 $7.54 $7.94 11/2 $8.73 $11.11 $13.49 $15.88 2 $11.11 $15.88 $20.64 $25.40 3 $17.46 $28.58 $39.69 $50.80 4 $24.61 $42.86 $61.12 $79.38 6 $44.45 $82.55 $120.65 $158.75 8 $68.26 $130.18 $192.09 $254.00 (2) Schedule of water volume charges for customers inside the city: a. Single units. There are hereby -established inclining block volume charges for single-family residential and single-family individual -metered mobile homes, per account as follows: Block Upper Limit Rate per Thousand (Gallons per Month) Gallons 1 3,000 $0.21 2 8,000 $1.74 3 13,000 $2.04 4 18,000 $3.06 5 Over 18,000 $4.60 b. Multiple units and commercial accounts. There are hereby -established an inclin- ing block volume charge for all multiunit residential and multiunit commercial Supp. No. 30 1281 § 22-27 ATLANTIC BEACH CODE accounts as follows: Block 1 2 Upper Limit Gallons per Month (per unit) 2,000 Over 2,000 Rate per Thousand Gallons $0.21 $1.74 c. Single unit irrigation. There are hereby -established an inclining block irrigation volume charge for all single-family residential and single-family individual - metered mobile homes, per account as follows: Block Upper Limit (Gallons per Month) Rate per Thousand Gallons 1 13,000 $2.04 2 18,000 $3.06 3 Over 18,000 $4.60 d. Multiple unit and commercial irrigation. There are hereby established an inclining block volume charge for all multiunit residential irrigation accounts and all commercial irrigation accounts as follows: Block 1 2 Upper Limit (Gallons per Month) 3,000 Over 3,000 Rate per Thousand Gallons $0.21 $1.74 (3) Customers outside the city. The rates applicable to customers outside of the city shall be one and one-quarter (1.25) times the rates above for both monthly water base facility charges and water volume charges. (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; Ord. No. 80-04-69, § 1, 7-26-04) Sec. 22-27.1. Utility deposits. (a) A deposit of one hundred twenty-five dollars ($125.00) 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. Supp. No. 30 1282 UTILITIES § 22-28 (b) The deposit of any customer shall be refunded 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; Ord. No. 80-04-68, § 1, 7-26-04) 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 11/2 1,090.00 2 1,150.00 Over 2, actual 1,150.00 cost, minimum 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. Supp. No. 30 1282.1 § 22-28 ATLANTIC BEACH CODE 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 (1)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. 30 1282.2 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 wastewater base facility charges. Wastewater base facility charges will be levied monthly as follows: (a) Monthly wastewater base facility charge for customers inside the city. A monthly base charge 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 Supp. No. 30 1295 § 22-166 ATLANTIC BEACH CODE flow to the waste stream, or equivalent to a residence serviced by a three -fourths -inch water meter. Residential Single-family residential and single-family individual - metered mobile homes, per account $13.29 per account Multifamily residential, per unit $9.97 per unit Master -metered mobile homes $9.97 per site Travel trailers $7.98 per site Hotel/motel $6.65 per room Hotel/motel with kitchen $7.98 per room Commercial Master -metered commercial $13.29 per unit Restaurants, laundries, and car wash connections $13.29 x ERU factor All other commercial customers $13.29 x ERU factor The ERU factor for the commercial classification is based upon meter size as follows: Meter Size (in inches) ERU factor 5I8 X 3/4 1.00 1 1.28 11/2 2.08 2 2.88 3 5.60 4 10.00 6 20.00 (b) Customers outside the city. The rates applicable to customers outside of the city ch^11 be one and one-quarter (1.25) times the rates 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; Ord. No. 80-04-69, § 2, 7-26-04) Sec. 22-167. Schedule of wastewater volume charges. (a) Customers inside the city. There are hereby established block volume charges for customers inside the city as follows: (1) Single-family residential and single-family individual -metered mobile homes, per account as follows: Block 1 Upper Limit Rate per Thousand (Gallons per Month) Gallons 3,000 $0.45 Supp. No. 30 1296 UTILITIES § 22-170 Upper Limit Rate per Thousand Block (Gallons per Month) Gallons 2 3 13,000 Over 13,000 (2) Multiunit residential and all commercial units as follows: Block Upper Limit (Gallons per Month, per Unit) 1 3,000 2 Over 3,000 $3.69 $0.00 Rate per Thousand Gallons $0.45 $3.69 (b) Customers outside the city. 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; Ord. No. 80-04-69, § 2, 7-26-04) 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) 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 Supp. No. 30 1297 § 22-170 ATLANTIC BEACH CODE 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 17,750.00 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) 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 Supp. No. 30 1298 UTILITIES § 22-190 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 commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83) Secs. 22-176-22-180. Reserved. Editor's note—Ord. No. 80-04-69, § 2, adopted July 26, 2004, repealed §§ 22-176-22-180, which pertained to the city sewage system and derived from Ord. No. 80-85-28, § 3, 11-11-85. Secs. 22-181-22-190. Reserved. Supp. No. 30 1298.1 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-171 exterior insulation and finish systems (EIFS), architectural or split -face type block, or other finish materials with similar appearance and texture. Metal clad, corrugated metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall not be permitted as exterior finish materials on the front and any street side of a building. (4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors, windows and architectural detail, shall not be peuuitted. (d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that externally illuminated monument signs are encouraged. To encourage the use of such signs, those 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 reduction in sign permit fees as set forth within chapter 17-6. (e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct lighting sources shall be shielded or recessed so that excessive light does not illuminate adjacent properties. Light poles with luminaire that automatically cut-off after normal business hours is encouraged. Light poles without cut-off luminaire shall not exceed fifteen (15) feet in height. Light poles with cut-off luminaire shall not exceed twenty (20) feet in height. Proposed lighting shall be shown on all plans submitted for review. (f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be prohibited in any required front yard and in any required yard adjoining a street. Where such fencing is otherwise placed on a parcel, but remains visible from the commercial corridor, landscaping shall be installed which substantially conceals such fencing. Where such fencing, as described above is lawfully pre-existing, a period of four (4) years from the effective date of these regulations shall be extended during which all fencing shall be made consistent with the above provisions. (g) Landscaping and required buffers. The requirements of division 8 of this chapter shall apply, except that the following additional requirements shall also apply to new development and to redevelopment that is subject to the requirements of division 8. Required buffers and landscape materials shall be depicted on all plans submitted for review. (1) A ten (10) foot wide buffer shall be required along the entire parcel frontage of the commercial corridors, except for driveways. This buffer shall consist of trees as required by division 8 and shall also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of debris and litter and shall be maintained in a healthy condition. (2) Along the front of the principal building, a six foot wide area shall be maintained between the building and the parking area or any walkway. This area shall be used for landscaping. Supp. No. 30 1497 § 24-171 ATLANTIC BEACH CODE (3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic mulch shall be used, and the excessive use of mulch is discouraged. (4) Because of the harsh environment of the commercial corridors, the use of landscape materials that are drought and heat resistant is strongly encouraged. Unhealthy or dead landscape materials, including sod and ground covers shall be replaced within thirty (30) days of written notification from the city to the property owner. (5) Stormwater retention or detention facilities may be placed within required buffers, provided that required landscape materials are provided. (Ord. No. 90-03484, § 2, 12-8-03) Sec. 24-172. Boats and watercraft. For the purposes of this section, the term watercraft shall include every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within or adjacent to the City of Atlantic Beach. (a) Intent. The intent of this section is to protect water quality and environmentally sensitive areas within and adjacent to the City of Atlantic Beach, and to maintain or enhance water quality, vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and estuarine marshes. (b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any watercraft, or from any dock, sewage, refuse, garbage, fuel or other contaminants or any waste material into waters within the City of Atlantic Beach. (c) Live -aboard watercraft restrictions. It shall be unlawful to live aboard any watercraft, which is docked, stored, moored or anchored within the City of Atlantic Beach. Live aboard shall mean the continuing use of any watercraft as a dwelling unit as defined within this chapter. (d) Damage to or destruction of environmentally sensitive areas. It shall be unlawful for any person to operate, dock, motor or anchor any watercraft in a manner that causes adverse impacts to any marine or water resource, wildlife habitat or other environ- mentally sensitive areas as defined within this chapter and as set forth within the conservation and coastal management element of the comprehensive plan. (e) Public docks and anchorages. Docking or anchoring within Tideviews Preserve, Dutton Island Preserve or any other public park or facility shall be restricted to non -motorized boats and watercraft or to those equipped only with bow -mounted electric trolling motors. (Ord. No. 90-04-185, § 1, 6-28-04) Secs. 24-173-24-175. Reserved. Supp. No. 30 1498 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-176 DIVISION 8. LANDSCAPING Sec. 24-176. Definitions. For the purposes of this division, the following terms shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within chapter 23 of this Code, vegetation, shall be used in conjunction with these terms and the requirements of this chapter. Buffer shall mean the required treatment of areas between different classifications of uses or incompatible uses. Buffers may incorporate the combinations of landscaping, open space, fences or walls. Ground cover means a low -growing herbaceous or woody plant other than turf, not over two (2) feet high, intended to cover the ground. Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants and includes required back flow prevention devices. Landscaping means any combination of living plants, native or installed, including grass, ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or fountains provided no such landscape element has a solid roof. Mulch means organic materials customarily used in landscape design to retard erosion and retain moisture. Perimeter landscape means a continuous area of land which is required to be installed along the perimeter of a lot in which landscaping is used to provide a transition between uses and reduce adverse environmental, aesthetic, and other negative impacts between uses. Supp. No. 30 1498.1 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date 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 Supp. No. 30 2001 ATLANTIC BEACH CODE Ordinance Adoption Number Date Section Section this Code 95-03-83 1-27-03 1 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 90-03-184 12- 8-03 2 24-1-24-260 5-04-43 2-23-04 Dltd 2-226 58-04-29 3- 8-04 2-262, 2-263, 2-265-2-267, 2-270, 2-271, 2-275-2-284, 2-288, 2-292, 2-294, 2-302, 2-304, 2-309, 2-310, 2-310.5- 2-310.13, Supp. No. 30 2002 CODE COMPARATIVE TABLE Ordinance Adoption Number Date Section Section this Code 2-310.16, 2-310.18, 2-310.19, 2-310.26, 2-310.27 Dltd 2-310.29 25-04-35 3- 8-04 Added 6-18 10-04-22 5-10-04 2 Rpld 3-1-3-11 (Exh.A) Added 3-1-3-9 25-04-36 6-14-04 1 8-33(d)(e) 95-04-87 6-14-04 1 Added 13-13 90-04-185 6-28-04 1 Added 24-172 25-04-37 7-26-04 1 Added 6-25 95-04-88 7-26-04 12-1, 12-2 Dltd 12-3 80-04-68 7-26-04 1 22-27.1(b) 80-04-69 7-26-04 1 22-27 2 22-166,22-167 Dltd 22-176-22-180 [The next page is 2043] Supp. No. 30 2003 STATUTORY REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. F.S. Section F.S. Section Section this Code Section this Code 1.01 1-2 13-201 Ch. 9(note) 23.011 Ch. 14(note) 60.05 2-168, 2-169 Ch. 12(note) Ch. 98 Char., § 38 98.211 Char., § 53 100.181 Char., § 41 100.361 Char., § 56 Ch. 101 Char., § 42 Ch. 112 2-304 Ch. 112, Pt. III Char., § 66 112.061 Ch. 2, Art. VII, Div. 3(note) 112.181(2) 2-279 2-310.8 112.65 2-285 112.311 Ch. 2, Art. II (note) 112.3173 2-297 2-310.22 Ch. 119 Char., § 65 Ch. 2(note) Ch. 161 Ch. 5(note) 161.021 24-17 161.041 6-20(b)(3) 161.053 6-20(b)(3) 6-21(e), (r) Ch. 162 Ch. 2, Art. V, Div. 2(note) 7-27 20-54 162.02 2-146 162.05 2-141, 2-142 162.05(4) 2-145 162.06 2-147 162.07 2-143,2-144 2-147 162.08 2-148 162.09 2-149 162.10 2-150 162.11 2-151 Ch. 163 Char., § 59 Supp. No. 30 2053 14-1(a) 21-302(15) 24-17, 24-48 163.3161 Ch. 14(note) 163.3164 24-17 163.3174 14-22 163.3178 6-27 163.3184 24-5, 24-17 163.3184(15) 24-52(4) 163.3194(1) 24-5, 24-17 Ch. 166 Charter(note) Char., § 4 Char., § 57 Char., § 59 21-302(9) Ch. 166, Pt. II Char., § 45 Char., § 60 166.031 Char., § 79 166.041 Char., § 18 24-52 24-132(b) 166.101 Ch. 2, Art. VII (note) 166.201 Ch. 2, Art. VII (note) Ch. 20(note) 166.231 Ch. 20, Art. II (note) 166.241 2-311 166.0425 Ch. 17(note) 166.0445 24-17 Ch. 170 Ch. 19(note) Ch. 175 2-272 2-290 175.101 20-77 2-288 175.121 2-288 Ch. 177 24-17, 24-204, 24-205 Ch. 177, Pt. I 24-17, 24-188, 24-204, 24-205 177.27(15) 6-21(j) 177.041 24-205 F.S. Section 177.051 177.061 177.091 177.101 Ch. 180 Ch. 185 ATLANTIC BEACH CODE Section this Code 24-205 24-205 24-204, 24-205, 24-257 24-192 Ch. 19(note) 2-290 2-300, 2-303, 2-304, 2-309, 2-310.1, 2-310.4, 2-310.17, 2-310.29 185.02(11) 2-301 185.06 2-303 2-310.16 185.08 20-76 185.16(3) 2-310.6 185.121 2-288 185.185 2-310.22 Ch. 192 Ch. 20(note) 193.116 Char., § 58 196.075 20-82 Ch. 205 Char., § 58 Ch. 20, Art. III (note) 205.022 20-51 205.042 20-52 205.043(2) 20-57 205.043(3) 20-57 205.053 20-54 205.053(1) 20-53 205.063 20-58 205.196 20-59 Ch. 218 Ch. 2, Art. VII (note) 218.33 2-311 Ch. 253 24-17 253.12 Ch. 5(note) 286.011 Char., § 14 Ch. 2(note) 309.01 Ch. 5(note) Ch. 316 Ch. 21(note) 21-1 316.008 Ch. 21(note) 316.008(1)(a) 316.195 Ch. 21, Art. II (note) Ch. 21, Art. II (note) 21-16 Supp. No. 30 2054 F.S. Section 316.1945 316.2045 320.823 Ch. 327 335.075 Ch. 367 Ch. 369 Ch. 372 Ch. 373 380.04 381.006 381.031(1)(g)1 381.031(g)3 381.261 Ch. 386 402.311 403.0893 403.413 403.415 413.08 Ch. 469 Ch. 479 479.11 Ch. 481, Pt. II Ch. 489 Ch. 496 496.01 Ch. 513 513.01 Ch. 514 Ch. 538, Pt. I 538.03(1)(a) Ch. 552 Ch. 553 Ch. 553, Pt. I 553.01 553.15 553.70 553.73 Chs. 561-565 561.01 Section this Code Ch. 21(note) 21-17 19-1 6-23 Ch. 5(note) Ch. 19(note) Ch. 22(note) Ch. 5(note) Ch. 4(note) Ch. 8(note) 24-17 4-29 4-29 Ch. 6, Art. VI (note) Ch. 22(note) Ch. 12(note) 24-152(4) 21-302(9), (10) 5-4 16-7 Ch. 11(note) Ch. 3, Art. II(note) Ch. 6, Art. IV (note) Ch. 17(note) 20-59 17-42 24-177(b) Ch. 6(note) 18-4(g)(6) 20-59 Ch. 18(note) Ch. 10(note) 10-1 Ch. 6, Art. VI (note) 21-61 21-60 Ch. 7(note) Ch. 6(note) 6-21(p) 7-32 6-16 Ch. 6, Art. IV(note) Ch. 6, Art. III(note) Ch. 6, Art. II(note) 7-25 3-1 Ch. 3(note) STATUTORY REFERENCE TABLE F.S. Section F.S. Section Section this Code Section this Code 561.15 3-1 Ch. 823 Ch. 12(note) 562.14(1) 3-2 Ch. 828 4-5 562.45(2) 3-2 828.27 4-30 3-4-3-6 847.001 17-2 563.01 3-4 24-17 565.01 3-4 24-111(c) 590.12 Ch. 7(note) 24-114(c) Ch. 633 Ch. 7(note) 876.05 Char., § 68 7-32 893.03 13-4 633.35 2-263 13-5 633.121 Ch. 7(note) 893.138 2-161 633.171 7-27 893.147 13-5 Ch. 650 Ch. 2, Art. VI, 932.701 Ch. 15, Div. 2(note) Art. II(note) 2-241 943.13 2-262 650.02 2-241 943.14 2-262, 2-301 650.05 Ch. 2, Art. VI, 943.22 2-262 Div. 2(note) 2-301 674.105 13-12(a)(4) 943.25(8)(a) 15-1 Ch. 679, Pt. V 21-63 Ch. 705 Ch. 15, Art. II(note) 21-24 705.16 Ch. 2, Art. II(note) Ch. 760 Ch. 9(note) 760.20 Ch. 9, Art. II(note) 760.22 9-16 760.23 9-17 760.24 9-18 760.25 9-22 760.29 9-23 760.37 9-24 Ch. 767 Ch. 3, Art. II(note) 4-26 767.12 4-12(1-4) 768.28 2-1(b)(1) 775.082 4-12(1-3) 775.083 4-12(1-3) 775.084 4-12(3) Ch. 790 15-22(g)(3) 790.15 13-3 Ch. 791 Ch. 7(note) 7-39 791.01(4)(b),(c) 13-13 791.02(1) 13-13 806.13 6-111 22-57 [The next page is 2081] Supp. No. 30 2055 CODE INDEX Section A ABANDONMENT Nuisances enumerated Abandoned wells, basements, refrigerators, etc. 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles, refrigerators, etc 12-1(b)(7) Parking of abandoned property, vehicles, etc 21-24 et seq. See: TRAFFIC Signs and advertising structures Removal of unsafe, damaged or poorly maintained, and abandoned signs 17-41 ADDRESSES, STREET. See: STREET ADDRESSES ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct, provisions re advertisement 9-17 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES AIR RIFLES, AIR PISTOLS, ETC. Discharging prohibited 13-3 ALARMS Fire prevention and life safety False silent alaims 7-41 ALCOHOLIC BEVERAGES Consumption and possession of open container upon public property 3-9 Consumption on licensee's premises 3-8 Consumption on vendor's premises 3-10 Definitions 3-1 Existing establishments and alcoholic beverage licenses pre- viously issued 3-6 Exposure of private parts in establishments serving alco- holic beverages 13-17 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-7 Persons not holding license to sell 3-3 Premises where retail sales for off -premise consumption are permitted 3-4 Premises where sales for on -premise consumption are per- mitted 3-5 Restrictions on location of establishments 3-6 Supp. No. 30 2101 CODE Section ALLEYS Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon alley 21-25(a)(4), (5) Dogs and cats running at large 4-24 Garbage, trash, etc. Depositing in alleys 16-7 Nuisances enumerated Throwing, discharging, etc., garbage, filth, etc., into alleys 12-1(b)(2) Abatement of nuisances, etc. See: NUISANCES AMENDMENTS TO CODE Provisions re 1-9 AMPLIFIED SOUND Loud and raucous noises 11-2 AMUSEMENTS AND AMUSEMENT PLACES Amusement device code adopted 6-161 ANIMALS AND FOWL Animal shelter Breaking open fences, gates, etc.; letting loose animals; etc 4-3 Beach safety zone; animals on 5-17 Bird sanctuary City designated; shooting, molesting, etc., birds 4-4 Cats. See herein: Dogs and Cats Citations; penalties 4-30 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Cruelty to animals 4-5 Dogs and cats Pam, aging property ;..26 Dangerous dogs 4-10 Appeals 4-11 Attack or bite by dangerous dog; penalties; confiscation; destruction 4-12 Legislative findings 4-8 Certification of registration 4-11 Classification as dangerous 4-11 Confinement of animal 4-11 Exemption 4-11 Notice and hearing requirements 4-11 Police or service dog, bite by a; exemption from quaran- tine 4-13 Unlawful acts 4-11 Definitions 4-21 Disturbing the peace 4-27 Impoundment for unregistered dogs and cats 4-23 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25 Supp. No. 30 2102 CODE INDEX Section ANIMALS AND FOWL (Cont'd.) 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 Insurance premium taxes, assessment of 20-76, 20-77 Special assessment liens 23-40 ATTORNEY. See: CITY ATTORNEY Supp. No. 30 2103 CODE AUDITS Uniform travel policy and procedure Auditing of travel expense reports or vouchers B BML BONDS Additional court costs assessed for police training Forfeited bail bonds Section 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 5-16 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 Transporting by motorized vehicle 5-7 Sleeping on the beach 5-2 Surfboards 5-5 Vessels. See herein: Sailboats, Catamarans Vessels Supp. No. 30 2104 CODE INDEX Section BEAUTIFICATION Community development board Duties of board re beautification of city 14-20(7) BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUC- TURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; shooting, molesting, etc., birds.. BITES Dog bites, etc BOARDS. See: DEPARTMENTS AND OTHERAGENCIES OF CITY 4-4 2-29 BOATS Boat trailers. See: RECREATIONAL VEHICLES Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq. See: BEACHES BOND ISSUES Certain ordinances saved from repeal 1-5 BONDS, BAIL Additional court costs assessed for police training Forfeited bail bonds 15-1 BONDS, BID Purchasing procedure, bid deposits or bid bonds 2-333 BOOKS Obscene matter prohibited 13-6 BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal 1-5 Director of finance's duties re 2-76 See also: FINANCES BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 Boathouses, docks and gazebos on docks 6-2 Construction site management 6-18 Housing code Adoption 6-120 Supp. No. 30 2105 CODE Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Nonhabitable major structures; residential dune crossover structures 6-24 Wastewater system, building sewers and connections Conformance with building code 22-106 Building official Flood hazard districts, enforcement of provisions 8-11 Numbering of buildings Duties of official 6-108 Building permits Fire prevention and life safety 7-32 Building sewers and connections 22-101 et seq. See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Electrical code 6-31 et seq. See: ELECTRICAL CODE Fire prevention and protection 7-1 et seq. See: FIRE PREVENTION AND PROTECTION Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Garbage and trash provisions Removal of lot clearing, contractors' debris; oil and grease 16-12 Housing code Adoption 6-120 Loitering, sleeping, etc., in public buildings 13-2 Loud and raucous noises 11-2 Mechanical inspections 6-77 Nuisances. See also that sihjert Abandoned building rubbish, material, etc 12-1(b)(7) Permitting buildings to become dangerous, unsafe, etc12-1(b)(8) Structurally unsound structures, etc. 12-1(b)(6) Numbering of buildings Attachment of numbers to buildings 6-107 Building official Duties 6-108 Removing or defacing 6-111 Required 6-106 Street numbering districts designated 6-109 System of number 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Signs placed on public buildings and structures and within public parks 17-32 Wastewater system Sewer system extensions, construction 22-192, 22-195 Supp. No. 30 2106 CODE INDEX Section FIRES (Cont'd.) Community development board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc, because of fire 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-24 FIREWORKS Fire prevention and life safety Provisions re fireworks 7-39 Noise provisions; exceptions 11-5 Regulation of fireworks 13-13 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 FLEA MARKETS Defined; prohibited 13-11 FLOOD HAZARD AREAS Abrogation and greater restrictions 8-9 Areas of special flood hazard, basis for establishing 8-7 Community development board 14-16 et seq. See: PLANNING Compliance 8-8 Definitions 8-5 Development permit Application procedures 8-24 Established 8-23 Findings of fact 8-2 Flood hazard reduction standards Areas of shallow flooding (AO Zones) 8-35 Generally 8-31 Specifically 8-32 Streams without established base flood elevations and/or floodways 8-33 Subdivision proposals 8-34 Interpretation 8-10 Lands to which this chapter applies 8-6 Objectives 8-4 Planning and development director Designated 8-21 Duties and responsibilities 8-22 Purpose 8-3 Supp. No. 30 2119 CODE Section FLOOD HAZARD AREAS (Cont'd.) Statutory authorization 8-1 Variance procedures 8-25 Violations and penalties 8-12 Warning and disclaimer of liability 8-11 FLOODS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants, etc. 3-2 et seq. Loitering in restaurants, luncheonettes, etc 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances saved from repeal 1-5 Garbage and trash provisions Existing contracts with other than city franchisee 16-9 FRAUD City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGE S LES Flea markets by definition re; prohibited 13-11 GARAGES Removal of lot clearing, contractors' debris; oil and grease16-12 GARBAGE AND REFUSE Beaches, leaving refuse on 5-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances. See also that subject Abandoned building material, building rubbish, etc. 12-1(b)(7) Abandoned debris, etc. 12-1(b)(6) Depositing garbage, etc 12-1(b)(2) Depositing rubbish 12-1(b)(3) Public sewers, use of Limitations on discharge concentrations or quantities 22-130 Prohibited discharges of unground garbage, etc 22-129(4) Recyclable materials. See also herein: Solid Waste Provi- sions Alternate disposal of items re 16-4 Supp. No. 30 2120 CODE INDEX Section GARBAGE AND REFUSE (Cont'd.) Removal prohibited 13-10 Supp. No. 30 2120.1 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Deaths Retirement system. See herein that subject Defense of civil actions against; payment of judgments or settlements 2-1 Definition 1-2 Director of finance 2-71 et seq. See: FINANCES Director of public safety 2-41 Disability retirement Retirement system. See herein that subject Electrical inspector 6-36 et seq. See: ELECTRICAL CODE Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined 1-2 Life guard captain 2-63 Old -age and survivors insurance Appropriations and payment of contributions by city 2-244 Custodian of funds and withholding and reporting agent Designation of 2-248 Exclusions 2-246 Executive of agreements by mayor -commissioner 2-242 Records and reports 2-245 Social Security Act, acceptance of 2-247 Statement of policy 2-241 Withholdings from wages 2-243 Pensions Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS Retirement system Assignments prohibited 2-295 Benefit groups 2-263 Benefit limitations and required distributions 2-299 Board of trustees Actuarial data; report to city commission 2-265 Compensation 2-269 Composition 2-266 Meetings, quorum, voting 2-269 Responsibilities and duties generally 2-264 Term of office; oath of office 2-267 Vacancy, filling 2-268 Supp. No. 30 2131 CODE OFFICERS AND EMPLOYEES (Cont'd.) Voting Chairperson, secretary, treasurer, etc City contribution Created, purpose Credited service Loss of credited service Military service credit Reinstatement of credited service Death while in city employment Automatic pension to spouse and/or children Elective survivor pension Deferred retirement upon separation from employment (vesting) Definitions Disability retirement Continuation subject to re-examination; return to em- ployment General conditions for eligibility Errors Expenses of administering system Fraud, protection against Investment of retirement system assets Level straight life pension, amount of Member contributions Membership generally Method of making payments Military service credit Normal retirement date and payment date Officers and employed services Optional forms of pension paymant. . ..... . .. . . . .. . .. . . e Police officers' retirement system Alternate death while in city employment; pension to spouse and/or children Assignments prohibited Benefit groups Benefit limitations and required distributions Board of trustees Actuarial data; report to city commission Responsibilities and duties generally Composition Meetings; quorum; voting; compensation Term of office; oath of office Vacancy; filling of vacancy Calculation of pension benefit City contribution Claim review procedure Created, purpose Credited service Supp. No. 30 2132 Section 2-269 2-270 2-288 2-261 2-272 2-273 2-275 2-274 2-283, 2-284 2-284 2-283 2-278 2-262 2-280 2-279 2-296 2-292 2-297 2-290 2-281 2-298 2-271 2-294 2-275 2-277 2-270 2-2R2 2-310.13 2-310.20 2-302 2-310.28 2-304 2-303 2-305 2-308 2-306 2-307 2-310.10 2-310.16 2-310.25 2-300 2-310.1 CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers . 22-71 Rates Sewer user rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Monthly wastewater base facilities charges 22-166 Payment of connection fees and impact fees 22-171 Review and changes of rates 22-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 Use of public sewers generally Construction of provisions 22-126 Discharging stormwater, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer; excep- tion 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Supp. No. 30 2153 CODE Section WASTEWATER SYSTEM (Cont'd.) Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc 22-72 Installation of toilet facilities required; connection of facil- ities to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES, WATERWAYS (Canals, lakes, etc.) Definition of "public place" to include any lake or stream1-2 Discharging untreated wastewater or polluted waters into natural outlets 22-72 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Garden trash deposited in canals, waterways, lakes, etc. 16-7 Public sewers, use of Discharging stormwater, etc., into natural outlets 22-128 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-19 Application for water service 22-14 New subdivisions 22-37 Approval of plumbing prior to connection with water cyetem 22_35 Bills. See herein: Charges, Fees, Bills Charges, fees, bills Basis for billing if meter fails to register 22-24 Connection charges; initial payment of minimum water rental 22-16 Cost of pipes, etc., in subdivisions to be paid by developer 22-37 Deposits Temporary service 22-17 Utility deposits 22-27.1 Due dates 22-29 Establish service or re-establish service after cutoff or transfer 22-20 Fire protection service charge 22-30 Installation charges 22-28 Late fees 22-29 Leaks on consumer's side of meter Allowance or adjustment for 22-31 Liability of consumer for charges 22-23 Property owner responsible to city for water charges 22-26 Supp. No. 30 2154 CODE INDEX Section WATERWORKS SYSTEM (Cont'd.) Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meters Liability for cost of testing, adjustment of bills 22-21 Vacant houses No allowance to be made for unless water shut off 22-23 Water impact fees 22-28 Water service, charges for 22-27 Connections Approval of plumbing prior to connection with water system 22-35 When bills become delinquent 22-29 Connections Approval of plumbing prior to connection with water system 22-35 Connection charges; initial payment of minimum water rental 22-16 Connection of private water systems to city systems pro- hibited 22-32 Prohibited acts 22-33 Tapping of mains, etc., restricted to employees 22-15 Conservation of water during water shortages 22-39 Cross connection control Cross connections; backflow devices 22-43 Definitions 22-42 Deposits Temporary service 22-17 Utility deposits 22-27.1 Determination of type of service for each consumer 22-25 Easements Granting necessary easements by consumer 22-18 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Interruptions in service Liability of city 22-36 Irrigation of lawns, flowers, etc. Water shortages 22-39 Lawn watering, etc. Water shortages 22-39 Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-24 Leaks on consumer's side of meter 22-31 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meter; liability for cost of testing 22-21 Adjustment of bills 22-21 Supp. No. 30 2155 CODE Section WATERWORKS SYSTEM (Cont'd.) Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Private water systems Connection of to city system prohibited 22-32 Connection to public sewers; failure of system; cleaning and filling 22-90 Written report required for failed private system 22-92 Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Tapping Prohibited acts 22-33 Tapping of mains, etc., restricted to city employees 21-17 Temporary service 22-17 Utility provisions generally. See: UTILITIES Water shortages 22-39 Wells Bacteriological tests for potable water 22-41 Permit required 22-40 WEEDS AND BRUSH Accumulation of weeds Action upon noncompliance 23-38 Height of growth 23-36 Notice to cut, destroy, etc 23-37 Payment of charges, special assessment liens 23-40 Remov91 by r ty ...... 23 32. Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances enumerated. See also: NUISANCES Allowing weeds to grow, etc 12-1(b)(3) WEIGHT REQUIREMENTS Commercial, recreational, etc., vehicles 21-22 WELLS Abandoned wells, nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Waterworks system Interfering with or molesting wells, etc. 22-33 WILD FOWL Hunting, shooting, etc 4-4 WINDOWS. See: DOORS AND WINDOWS WITNESSES Code enforcement board's power to subpoena witnesses 2-148 Supp. No. 30 2156 CODE INDEX WRECKER SERVICE Charges for towing and storage Establishment of rotating wrecker call list Liability insurance Repairing vehicles without authorization Wreckers to be equipped at all times WRITING Defined Y Section 21-51 21-50 21-53 21-54 21-52 1-2 YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Supp. No. 30 2157 CODE INDEX Section Z ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS Accessory uses and structures Supplemental regulations 24-151 Adoption and authority 24-1 Amendments 24-4 Blocks Subdivision design and construction standards 24-254 Boats and watercraft Supplemental regulations 24-172 Central business district (CBD) Establishment of districts 24-114 Centralized sewer and water services Subdivision design and construction standards 24-259 Child care Supplemental regulations 24-152 Churches Supplemental regulations 24-153 Clearing and grading of rights-of-way Subdivision design and construction standards 24-258 Commercial corridor development standards Supplemental regulations 24-171 Commercial general districts (CG) Establishment of districts 24-111 Commercial limited district (CL) Establishment of districts 24-110 Commercial, professional and office (CPO) Establishment of districts 24-109 Conservation districts (CON) Establishment of districts 24-103 Display and sale of merchandise outside of an enclosed building Supplemental regulations 24-154 Dumpsters, garbage containers and refuse collection areas and above -ground tanks Supplemental regulations 24-160 Establishments offering dancing or live entertainment Supplemental regulations 24-155 Easements Subdivision design and construction standards 24-253 Fences Commercial corridor development standards 24-171(f) Supplemental regulations Allowable height of fences and walls 24-157 Swimming pools 24-164(c) Guardhouses and security buildings Supplemental regulations 24-158 Supp. No. 30 2159 CODE Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Home occupations Supplemental regulations 24-159 Industrial, light and warehousing districts (ILW) Establishment of districts 24-112 Installation of septic tanks, private wastewater, and on-site sewage treatment and disposal systems Subdivision design and construction standards 24-260 Jurisdiction 24-3 Land clearing, tree removal or damage to existing trees and vegetation Supplemental regulations 24-168 Landscaping and buffers Commercial corridor development standards 24471(g) Language and definitions Construction of language 24-16 Definitions 24-17 Legal status and consistency with the comprehensive plan 24-5 Lights and lighting Commercial corridor development standards 24-171(e) Service stations 24-165(d) Swimming pools 24-164(a) Lots Subdivision design and construction standards 24-255 Off -Street parking and loading Supplemental regulations 24-161 Parking lots Supplemental regulations 24-162 Purpose and intent 24-2 Residential general, multi -family (RG -2 and RG -3) Establishment of districts 24-107 Residential general, two-family districts (RG -1 and RG -1A) Establishment of districts 24-106 Residential mobile home districts (RMH) Establishment of districts 24-108 Residential, single-family districts (RS -1) Establishment of districts 24-104 Residential, single-family districts (RS -2) Establishment of districts 24-105 Satellite dish antenna Supplemental regulations 24-170 Service stations Supplemental regulations 24-165 Signs Commercial corridor development standards 24-171(d) Supplemental regulations 24-166 Special purpose district (SP) Establishment of districts 24-113 Supp. No. 30 2160 CODE INDEX ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Streets Subdivision design and construction standards Supp. No. 30 2160.1 Section 24-252