AB Code Supplement 31SUPPLEMENT NO. 31
July 2005
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 95-05-186, adopted April 11, 2005.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
iii iii
xi, xii xi, xii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
183, 184 183, 184
188.5-188.8 188.5-188.8
355, 356 355, 356
891, 892 891, 892
1003-1006.1 1003-1006.1
1107-1109 1107-1113
1221-1234 1221-1231
1277, 1278 1277-1278.1
1282.1-1284 1282.1-1284
1479-1482 1479-1482.1
2003 2003
2147-2150.1 2147-2150
2153-2156 2153-2156
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
OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
John S. Meserve
Mayor
Richard M. Beaver
Mayor Pro Tem
Sylvia N. Simmons
Paul B. Parsons
J. Dezmond Waters, III
City Commission
Alan C. Jensen
City Attorney
James R. Hanson
City Manager
Donna L. Bussey
City Clerk
Supp. No. 31 iii
TABLE OF CONTENTS—Cont'd.
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 1226
Art. III. Wrecker Service 1228
Art. IV. Motor Vehicle Title Loans 1230
22. Utilities 1275
Art. I. In General 1275
Art. II. Waterworks System 1277
Art. III. Wastewater System 1284
Div. 1. Generally 1284
Supp. No. 31 xi
ATLANTIC BEACH CODE
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 Regulations.. 1403
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. W 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. 31 Xli
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 31 159, 160 27
v, vi OC 161, 162 27
vii, viii 1 163, 164 25
ix, x 30 165, 166 28
xi, xii 31 167, 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 31
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 31
103, 104 OC 188.7, 188.8 31
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
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ATLANTIC BEACH CODE
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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
1.92.3 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 31 841, 842 5
407, 408 27 843 5
409, 410 30 891, 892 31
410.1, 410.2 30 943, 944 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 31
417, 418 27 1005, 1006 31
419, 420 27 1006.1 31
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
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1107, 1108 31 1298.1 30
1109, 1110 31 1299, 1300 OC
1111, 1112 31 1301, 1302 11
1113 31 1303, 1304 11
1157, 1158 23 1305, 1306 11
1159, 1160 2 1307, 1308 26
1161, 1162 21 1351, 1352 27
1163, 1164 28 1353, 1354 17
1165, 1166 28 1355, 1356 17
1167, 1168 28 1357, 1358 24
1169, 1170 28 1359, 1360 28
1171, 1172 28 1361, 1362 28
1173, 1174 28 1363, 1364 28
1175, 1176 28 1365 28
1177, 1178 28 1403, 1404 29
1179, 1180 28 1405, 1406 29
1221, 1222 31 1407, 1408 29
1223, 1224 31 1409, 1410 29
1225, 1226 31 1411, 1412 29
1227, 1228 31 1413, 1414 29
1229, 1230 31 1415, 1416 29
1231 31 1417, 1418 29
1235, 1236 21 1419, 1420 29
1237, 1238 21 1421, 1422 29
1239, 1240 21 1423, 1424 29
1275, 1276 28 1425, 1426 29
1277, 1278 31 1427, 1428 29
1278.1 31 1429, 1430 29
1279, 1280 30 1431, 1432 29
1281, 1282 30 1433, 1434 29
1282.1, 1282.2 31 1435, 1436 29
1283, 1284 31 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
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1463, 1464 29 2003 31
1465, 1466 29 2043 OC
1467, 1468 29 2053, 2054 30
1469, 1470 29 2055 30
1471, 1472 29 2081, 2082 14
1473, 1474 29 2083, 2084 14
1475, 1476 29 2085, 2086 14
1477, 1478 29 2087, 2088 14
1479, 1480 31 2101, 2102 30
1481, 1482 31 2103, 2104 30
1482.1 31 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
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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 31
1983, 1984 OC 2149, 2150 31
1985 OC 2151, 2152 27
1987, 1988 OC 2153, 2154 31
1989, 1990 OC 2155, 2156 31
1991, 1992 2 2157 30
1993, 1994 6 2159, 2160 30
1995, 1996 13 2160.1 30
1997, 1998 18 2161, 2162 29
1999, 2000 24 2163, 2164 29
2001, 2002 30 2165, 2166 29
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Supp. No. 31
[5]
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. 31 183
§ 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 for employees hired before April 24, 2005. 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) Benefit group general for employees hired on or after April 24, 2005. 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 fifty hundredths (2.50) percent
of the retiring member's final average compensation.
(c) Cost -of -living adjustment. All retirement system members and beneficiaries who retired
prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in
an amount equal to three (3) percent of the benefits paid to such retired members and
beneficiaries during the immediately preceding month. 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;Ord. No. 58-05-30, § 1, 4-11-05)
Supp. No. 31 184
ADMINISTRATION § 2-295
Sec. 2-295. Assignments prohibited.
(a) Generally. The right of a person to a pension, disability, death or survivor benefit, and
any other right accrued or accruing to any person under the provisions of this division, and any
monies in assets belonging to the retirement system, shall not be subject to execution,
garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process
of law whatsoever, and shall be unassignable except as is specifically provided in this division.
If a member is covered under a group insurance or prepayment plan participated in by the city,
and should the member or his/her beneficiary be permitted to and elect to continue the
coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of
trustees to deduct required payments to continue coverage under the group insurance or
prepayment plan. The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member, retirant or beneficiary in addition to any other
remedies, including forfeiture of benefits, provided by law.
(b) Direct transfers of eligible rollover distributions. This subsection applies to distributions
made on or after October 1, 1993. Notwithstanding any provision of the plan to the contrary
that would otherwise limit a distributee's election under this section, a distributee may elect,
at the time and in the manner prescribed by the board of trustees, to have any portion of an
eligible rollover distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
(1) "Eligible rollover distribution" means any distribution of all or any portion of the
balance to the credit of the distributee, except that an eligible rollover distribution does
not include any distribution that is one (1) of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life expectancy) of
the distributee or the joint lives (or joint life expectancies) of the distributee and the
distributee's designated beneficiary or for a specified period of ten (10) years or more;
any distribution to the extent such distribution is required under Section 401(a)(9) of
the Internal Revenue Code; and the portion of any distribution that is not includable
in gross income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities).
(2) "Eligible retirement" means an individual retirement account described in Section
408(a) of the Internal Revenue Code, an individual retirement annuity described in
Section 408(b) of the Internal Revenue Code, an annuity plan described in Section
403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of
the Internal Revenue Code, that accepts the distributee's eligible rollover distribution.
However, in the case of an eligible rollover distribution to the surviving spouse, an
eligible retirement plan is an individual retirement account or individual retirement
annuity.
(3) "Distributee" includes an employee or former employee. In addition, the employee's or
former employee's surviving spouse, or the employee's or former employee's spouse or
former spouse who is the alternate payee under an income deduction order, is a
distributee with regard to the interest of the spouse or former spouse.
Supp. No. 31 188.5
§ 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 three (3) 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. 31 188.6
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 form of a direct trustee -to -trustee transfer to the specified
eligible retirement plan.
(Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1,
10-25-93; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23,
§ 2, 7-14-97; Ord. No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25, § 32, 11-23-98; Ord. No.
58-99-27, § 1, 11-8-99 ; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-05-30, § 1, 4-11-05)
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. 31 188.7
§ 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. 31 188.8
BEACHES AND PARKS § 5-31
(b) Before the chief of police or his designee gives permission for the owner of a sailboat,
catamaran, or other vessel to be parked over seventy-two (72) hours on the beach, the owner
must provide proof of ownership, description, serial number, hull number or other identifica-
tion number, and the location desired for parking same. Permission to park, and the location
requested, is at the sole discretion of the chief of police. The chief of police may develop
additional rules to govern such parking to protect the public's safety.
(c) Any person who parks a sailboat or catamaran or other vessel in violation of this section
is subject to having such sailboat, catamaran, or other vessel towed at the owner's expense.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-9-5-15. Reserved.
ARTICLE II. BEACH SAFETY ZONE
Sec. 5-16. Use of vehicles.
It shall be unlawful for any person to propel, operate or drive any motorized vehicle at any
time on the ocean beach unless permission is approved in writing by the city manager or his
designee.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-17. Animals.
It shall be unlawful for any person to have or allow horses, mules, cows, cattle, chickens,
poultry or goats on the ocean beach.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-18-5-30. Reserved.
ARTICLE III. PUBLIC PARKS
Sec. 5-31. Public parks' use prohibited after dark.
It shall be unlawful for any person or groups of persons to congregate in or about or traverse
through any public parks:
(a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later,
except as follows:
(1) When using lighted public facilities in public parks, such as ball fields and tennis
courts, provided such use shall never be later than 10:00 p.m.;
(2) When an organized event has been approved by the parks and recreation
department.
Supp. No. 31 355
§ 5-31 ATLANTIC BEACH CODE
(b) When a park or parks have been officially closed by the
construction, repairs, and the like, and has been so posted.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-32. Fees and charges.
Building usage—private
Building usage—nonprofit
Lost key charge
Beach bonfire permit
Beach campfire permit
Summer camp
Camping on Dutton Island
Flag football
(Ord. No. 95-03-82, § 1, 1-27-03; Ord. No. 95-05
city for maintenance,
$50.00 plus a refundable deposit of $100.00
$25.00 plus a refundable deposit of $50.00
(This fee is for nonprofit organizations hold-
ing events that are advertised and open to the
public, homeowner associations and not-for-
profit groups using the buildings six or more
times a year)
$8.00
$30.00 per event, plus a refundable deposit of
$100.00
$25.00 per event, plus a refundable deposit of
$25.00 (maximum six pieces of wood, 24 inches
long by 5 inches wide)
$45.00 per week. However, for children who
qualify for free or reduced price lunches at
their schools, the cost will be $5.00 per child
for the duration of the summer camp
$25.00 per campsite, plus a refundable de-
posit of $25.00
$10.00 per child
-89, § 1, 4-11-05)
Supp. No. 31 356
[The next page is 407]
Art. I.
Art. II.
Chapter 15
POLICE*
In General, §§ 15-1-15-15
Disposition of Confiscated or Lost Property, §§ 15-16-15-22
ARTICLE I. IN GENERAL
Sec. 15-1. Additional court costs assessed for police training.
There is hereby assessed by the city, in compliance with F.S. § 943.25(8)(a), an additional
two -dollars ($2.00) as court cost against every person convicted for violation of a municipal
ordinance in any proceedings, except for violations relating to parking of vehicles. Further, two
dollars ($2.00) shall be deducted from every bond estreature or forfeited bail bond related to
the penal ordinances for any offense, except that relating to parking of vehicles. Such funds as
levied and assessed as additional court costs or taken from the bonds shall be used exclusively
for law enforcement education expenditures for members of the police department.
Secs. 15-2-15-15. Reserved.
ARTICLE II. DISPOSITION OF CONFISCATED OR LOST PROPERTY'
Secs. 15-16, 15-17. Reserved.
Editor's note—Ord. No. 57-03-21, § 1, adopted June 9, 2003, repealed former §§ 15-16 and
15-17, which pertained respectively to sale of confiscated property, and sale of lost and found
property, and derived from §§ 2-1.2(a) and (b) of the 1970 Code.
Sec. 15-18. Notice of sales.
Notice of all sales shall be given by the city clerk by advertising once each week for two (2)
successive weeks in a newspaper published within the county.
(Code 1970, § 2-1.2(c))
Secs. 15-19-15-22. Reserved.
Editor's note—Ord. No. 57-03-21, § 1, adopted June 9, 2003, repealed former §§ 15-19-
15-22, which pertained to hours of sales, destruction, transfer of unclaimed or confiscated
property for use by city or other governmental agency, and disposal of confiscated or lost
*Cross references—Administration, Ch. 2; police department, § 2-51 et seq.; offenses, Ch.
13; traffic and motor vehicles, Ch. 21.
tState law references—Seized, abandoned, wrecked or derelict property, F.S. Ch. 705;
supplemental procedure for removal and destruction of abandoned property of nominal
salvage value only, F.S. § 705.16; Florida Contraband Forfeiture Act, F.S. § 932.701 et seq.
Supp. No. 31 891
§ 15-22 ATLANTIC BEACH CODE
firearms, and which derived from §§ 2-1.2 (d), (f), and (g) of the 1970 Code, Ord. No. 5-83-13,
§§ 1 and 2, adopted December 12, 1983, and Ord. No. 57-91-17, § 1, adopted September 26,
1991.
Supp. No. 31 892
[The next page is 943]
SIGNS AND ADVERTISING STRUCTURES § 17-29
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1)
sign is allowed, each such sign erected shall be constructed and designed in the
same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted
lighting only. Any lighting shall project from the ground onto the sign only, and
shall not be directed towards any street or residential lot.
(2) For multi -family residential uses, one (1) sign identifying the name of the multi -family
development shall be allowed at each entrance not to exceed two (2) signs. Internal
directional signs and signs identifying buildings shall also be allowed limited to three
(3) feet in height and eight (8) square feet in sign face area.
a. Size permitted: Sixty (60) square feet of sign face area.
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1)
sign is allowed, each such sign erected shall be constructed and designed in the
same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted
lighting only. Any lighting shall project from the ground onto the sign only, and
shall not be directed towards any street, vehicular drive or residential unit.
(b) Signs, as set forth with above paragraph (a), that are located within public or dedicated
rights-of-way shall be approved by the city commission. Such signs may be approved at the
time of final plat approval as set forth by section 24-202 of this Code, or alternatively, such
signs may be approved upon specific application to the commission. Approval of the city
commission shall be required prior to the issuance of a sign permit. Such signs shall
complement and conform to the 'WELCOME TO ATLANTIC BEACH" signs in features
including lettering, color, composition, structural materials, finished surface, and shall be
constructed of wood or similar material giving the finished appearance of carved or sand-
blasted wood, as described within section 17-32.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-29. Signs permitted within commercial and industrial zoning districts.
(a) Subject to the provisions as set forth within this section, the following signs shall be
permitted within commercial professional office (CPO), commercial limited (CL), commercial
general (CG), central business district (CDB) and industrial, light and warehousing (ILW)
zoning districts. Except as specifically exempted in section 17-26, and further subject to
issuance of a sign permit, no other sign or advertising device shall be displayed or erected
within the city.
(1) Fascia signs for buildings with a single business or occupant.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the
building width that faces the front of the lot, as defined in section 24-17 of this
Supp. No. 31 1003
§ 17-29 ATLANTIC BEACH CODE
Code, provided that no single fascia sign on any one (1) side of a building shall
exceed sixty (60) square feet of sign face area. (For example, if the width of the
building facing the front of the lot is fifty (50) feet wide, the maximum total sign
face area for all fascia signs is fifty (50) square feet.)
b. Number of fascia signs permitted: Not more than three (3) fascia signs shall be
allowed on any one (1) side of a building. Where fascia signs are placed upon more
than one (1) side of the building, the combined sign face area shall not exceed the
amount permitted by subparagraph (1)a. above.
(2) Fascia signs for buildings with multiple businesses or occupants.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the
unit(s) occupied by one (1) business or occupant, provided that no such fascia sign
shall exceed forty-eight (48) square feet of sign face area for any one (1) business.
(For example, if the width of a unit or several units, occupied by one (1) business
is twenty-four (24) feet, then one (1) sign, a maximum of twenty-four (24) square
feet of sign face area is permitted.)
b. Required spacing between signs on buildings with multiple occupants. Fascia
signs for different occupants shall be separated by a minimum distance or
thirty-six (36) inches.
(3) In lieu of the above described fascia signs, a business or permitted use may install a
single bracket sign or a marquee sign in accordance with the following provisions:
a. Size permitted. The maximum size of a bracket sign or a marquee sign shall be
determined in the same manner as a fascia sign, provided that no such sign shall
have more than sixty (60) square feet of projected sign face area.
b. There shall be no more than twelve (12) inches of clear space adjacent to the
building wall, and such signs shall not extend or project from the face of the
building more than ten (10) feet.
c. No portion of such sign shall extend above the height of the roof.
d. No portion of such sign shall be closer than eight (8) feet to any sidewalk or
pedestrian walkway, and no closer than five (5) feet from any street side property
line. All such signs shall be securely anchored to a wall and shall in no manner
be connected to or suspended from the roof of any building.
e. Within the central business district, and in addition to other permitted signs,
uses limited only to retail establishments and restaurants, cafes and coffee shops
may install a single bracket sign extending above a public sidewalk or pedestrian
walkway. The purpose of this provision is to provide appropriate and consistent
signage for the unique pedestrian environment of the town center area. Such
signs shall be located only in accordance with following provisions and upon
issuance of a sign permit:
1. May be located only above first floor entryways or first floor windows with
no portion of the sign display area exceeding ten (10) feet above the
established grade of the adjoining sidewalk or walkway;
Supp. No. 31 1004
SIGNS AND ADVERTISING STRUCTURES § 17-29
2. Shall provide minimum vertical clearance of eight (8) feet above the
sidewalk or walkway;
3. Shall provide minimum clearance of six (6) inches from the building facade;
4. Shall be separated from any other such sign by a minimum distance of
twenty (20) feet;
5. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical
depth;
6. Shall give the appearance of traditional wood routed or sandblasted signs.
Materials such as HDU (high density urethane), recycled HDPE (high
density poly ethylene) plastics, which give a similar appearance, shall be
acceptable substitutes;
7. Shall be externally illuminated only and shall contain no electrical compo-
nents; and
8. Shall create no safety hazard or obstruction to public's use of the sidewalk
or walkway as determined by the director of public safety.
(4) Freestanding signs. In addition to the above signs, freestanding signs may be erected
as set forth below:
a. Size permitted: Freestanding signs, including pole, pylon and monument and
ground type signs shall be limited to one (1) square foot of sign display area for
each linear foot of frontages of the development parcel on which the sign(s) are
placed, provided no such sign shall exceed ninety-six (96) square feet of sign
display area.
b. Permitted height of sign for freestanding signs. For the following zoning districts,
except as set forth in following paragraph d.2., the maximum height of signs shall
be:
1. Commercial professional office (CPO): Eight (8) feet.
2. Commercial limited (CL): Eight (8) feet.
3. Central business district (CDB): Eight (8) feet.
4. Commercial general (CG): Eight (8) feet.
5. Industrial, light and warehousing (ILW): Eight (8) feet.
c. Permitted width of freestanding signs. The maximum width of signs in any
non-residential zoning districts shall be twelve (12) feet.
d. Number of freestanding signs permitted:
1. On a development parcel with frontage upon a street, one (1) freestanding
sign shall be permitted for each one hundred (100) feet of linear street
frontage up to a maximum of three (3) freestanding signs. Height of sign for
such multiple signs shall not exceed eight (8) feet and sign display area shall
not exceed ninety-six (96) square feet; or
Supp. No. 31 1005
§ 17-29 ATLANTIC BEACH CODE
2. Alternatively, within the commercial general (CG) and commercial limited
(CL) zoning districts only, development parcels with street frontage of three
hundred (300) linear feet or more shall be permitted one (1) freestanding
sign with height of sign not to exceed ten (10) feet and sign display area not
to exceed one hundred twenty (120) feet. The required distance from any
property lines for such freestanding sign shall be a minimum of ten (10) feet.
Additional distance from property lines may be required, if in the determi-
nation of the director of public works, additional distance is required to
maintain clear vehicular and pedestrian sight distance.
3. On a development parcel that has frontage upon more than one (1) street,
one (1) additional freestanding sign shall be permitted on each street side of
the development parcel. The height of sign for any such secondary sign shall
not exceed eight (8) feet, and sign display area shall not exceed ninety-six
(96) square feet.
e. Required distance from property lines: No portion of any freestanding sign shall
be located closer to the property line than five (5) feet, except as may be required
pursuant to preceding paragraph (4)d.2. Freestanding signs shall not be located
so as to interfere with clear vehicular or pedestrian sight distance. Signs
determined by the director of public works to interfere with safe sight distance for
pedestrians or vehicles shall be immediately removed.
(b) Requirement for a unified sign plan. After the initial effective date of these regulations,
all new non-residential development, which shall contain space or units for more than one (1)
business or occupant, shall provide a unified sign plan with the application building permits.
All subsequent applications for sign permits shall comply with the approved unified sign plan.
The unified sign plan shall comply with tha proviqions of this chapter and shall also
demonstrate a consistent theme and design with respect to each of the following:
(1) Manner and type of construction, including materials to be used, installation method
and mounting details.
(2) Means of illumination, if any, and hours of illumination.
(3) Size, color, lettering and graphic style.
(c) Pre -development signs. Signs for the purposes of announcing a coming development
project may be placed within commercial and industrial zoning districts subject to the
following provisions:
(1) Issuance of a sign permit shall be required, and no such sign shall remain on any
development parcel for a period of time exceeding one (1) year from the issuance date
of the sign permit.
(2) Complete and proper applications for building permits for the related development
project must be submitted within sixty (60) days of the placement of any such sign, or
the sign shall be removed. In the case that the sign is not removed, the sign shall be
considered an abandoned sign, subject to the provisions of section 17-41(c).
Supp. No. 31 1006
SIGNS AND ADVERTISING STRUCTURES § 17-32
(3) Such sign shall be removed within thirty (30) days of the issuance of any certificate of
occupancy, or at any time when construction ceases for a period of time longer than
thirty (30) consecutive days. In the case that the sign is not removed within these
periods of time, the sign shall be considered an abandoned sign, subject to the
provisions of section 17-41(c).
(4) Only one (1) such sign shall be placed upon the development parcel and shall not
exceed the height or size as permitted by preceding paragraph (a).
(d) Within non-residential zoning districts, one (1) sign per lot or development parcel
advertising the sale or lease or the property limited to eight (8) feet in height and a maximum
of twenty-four (24) square feet of sign face area. A sign permit shall be required for such signs,
and these signs shall be removed within ten (10) days of sale or lease of the property.
(e) Requirement to display street number. All business and activities regulated by the
requirements of section 17-29 shall display the street number in a manner that is prominent
and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall
be displayed on all freestanding signs and over front doors or primary entryways.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03; Ord. No. 60-04-15, § 2, 1-10-05)
Sec. 17-30. Signs within special purpose (SP) and planned unit development (PUD)
zoning districts.
The size, height, width and number of signs permitted within special purpose districts and
planned unit development districts shall be established within the ordinance creating such
district as determined by the city commission to be appropriate for the nature and character
of the use within these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-31. Signs within conservation (CON) zoning districts.
As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall
require approval as a use -by -exception. The size, height, width and number of signs permitted
within conservation districts shall be established during the use -by -exception process in
accordance with the provisions of section 24-63. Signs within conservation districts shall not
adversely impact the environmentally sensitive qualities of these areas, shall be non -
illuminated, shall contain no electrical components and shall be constructed of wood, brick,
masonry, high-density urethane or similar material, which is consistent with the natural
surroundings of these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-32. Signs placed on public buildings and structures and within public parks.
All signs displayed within City of Atlantic Beach parks and upon the exterior of any public
building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH"
signs displayed on such properties as of the effective date of this chapter, or as such design may
be later modified by city commission. Such signs shall display the City of Atlantic Beach logo,
Supp. No. 31 1006.1
Chapter 19
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Sec. 19-1. Obstructing free passage prohibited; exception.
No person shall obstruct the free passage of persons or vehicles over any street, sidewalk or
other public way by any means whatsoever, except pursuant to a permit issued by the city
manager, and only in accordance with the terms of the permit and any conditions attached
thereto.
(Code 1970, § 22-1)
Cross reference—Loitering in, obstructing, etc., streets, public places, etc., § 13-2.
State law reference—Obstruction of public streets, highways and roads, F.S. § 316.2045.
Sec. 19-2. Digging up streets prohibited; exception as to public utilities; permit
required of public utilities.
No person shall dig into, remove, tear up, deface or damage in any manner whatsoever,
except for purposes of city authorized repair, either the surfacing or shoulders on or of any
street, avenue, way, driveway, roadway or pathway on any public property of and in the city,
or on any property over or upon which the city may now or hereafter be possessed of any
easement for any type of public transportation, travel or service; provided, this section shall
not be construed to apply to any public utility such as electric, gas, water, etc., system which
may desire to lay, remove, repair or replace pipes, wiring, or cables, place poles, conduits or
meters or install any other necessary equipment requisite to the proper and efficient use of the
public utility. A public utility desiring to do any such work shall first procure from the city
manager a permit for such operations.
(Code 1970, § 22-4)
Sec. 19-3. Closing of streets for various events.
The city manager is authorized to close streets for various events. The city manager will
discuss any such closing of streets with the police chief and notify the city commission begore
authorization is given. An organization desiring to close a street for an event shall first procure
from the city manager a permit for such an event.
(Ord. No. 65-93-22, § 1, 1-25-93)
*Cross references—Any ordinance naming, renaming, opening, accepting, or vacating
streets or alleys in the city saved from repeal, § 1-5(8); beaches and parks, Ch. 5; buildings and
building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; loitering in,
obstructing, etc., streets, public places, etc., prohibited, § 13-2; planning/zoning/appeals, Ch.
14; signs, posters, etc., prohibited on sidewalks, § 17-8; traffic and motor vehicles, Ch. 21;
utilities, Ch. 22; vegetation, Ch. 23; zoning and subdivision regulations, Ch. 24.
State law references—Supplemental and alternative method of making local municipal
improvements, F.S. Ch. 170; municipal public works, F.8. Ch. 180; minimum construction
standards for the design, construction and maintenance of all public streets, roads, highways,
bridges, sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle trails, under-
passes, and overpasses used by the public for vehicular and pedestrian traffic, F.S. § 335.075.
Supp. No. 31 1107
§ 19-4 ATLANTIC BEACH CODE
Sec. 19-4. Special events.
All special events which are held on public property must adhere to the following rules and
regulations:
(1) All special events taking place on public property must have a permit from the city
manager before any such events take place. The city manager may attach to the permit
those requirements he may deem necessary to protect the public and city's interest.
(2) All parties interested in staging a special event must provide insurance for the event
in amounts set by the city manager. The [parties staging such] event may be required
to take out additional insurance naming the city as the beneficiary.
(3) All parties staging an event may be subject to a performance bond set by the city
manager to insure [that] the City Ordinance Code and permit requirements are upheld
by the event.
(4) All requirements set by the city manager as part of his written approval of the event
must be upheld by the event. Failure to do so may result in a closing of the event by
the public safety director or the police chief.
(5) All special events permitted by the city manager must be sponsored by a nonprofit
corporation for a charitable purpose. Any special event to be held by a for-profit
corporation must have prior approval by the city commission.
(6) Before any request for a special event is permitted, those responsible for the event
must fill out an application form available through the city recreation department.
L
uwhich may be ��. n-..,' will be lxi[Ix.tl.
� � Allfinancial information..xnd records 1`^ luted t® tl`xt, event �
available to the city finance director for his or her review.
(8) All parties staging a special event are required to abide by the City Code and the
Florida Statutes. Failure to do so will require the event to be cancelled.
(9) No sales of any kind will be permitted on the ocean beach area.
(Ord. No. 95-96-67, § 1, 6-10-96)
Sec. 19-5. Intersections: sight distance requirements and safety zones.
(a) Sight distance requirements. For purposes of this section, defined intersection shall
mean any intersection, which has a city -owned or maintained road, street, or any other
roadway, as one of the roadways comprising the intersection. Excluded from this definition is
any intersection where there is a required stop condition (multiway stop, traffic signal, or
continual flashing red light) for each roadway traffic lane entering an intersection. Unob-
structed and clear sight distance shall be maintained as depicted within figures 1-3
[following this section], in accordance with the designated travel speed of streets, and as
further set forth within the following provisions. To ensure clear sight distance and adequate
Supp. No. 31 1108
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-5
visibility at defined intersection, the owners or occupants of private real property shall be
prohibited from any of the following, which may obstruct a driver's view of approaching traffic
at such intersections:
(1) Plant or permit the growth of shrubbery or any other vegetation within the city
right-of-way higher than thirty (30) inches above the established grade of the
right-of-way; or
(2) Allow tree branches to extend below the height of ten (10) feet above the established
grade of the right-of-way; or
(3) Allow any berm, wall or other structure to be erected, placed, or continue to exist
within the city right-of-way.
(b) Safety zones. For purposes of this section, safety zone shall be defined as an unob-
structed area along the edge of the roadway intended for the recovery of errant vehicles, and
also the edge of sidewalks or designated pathways intended to provide for a safe area that is
free of obstructions, which may create hazards, bicycles or vehicles.
(1) Within rights-of-way. A safety zone extending two (2) feet from the edge of the roadway
pavement or the edge of a sidewalk or pathway, as applicable, shall be maintained.
(2) Within private property. On any private property, no landscaping or vegetation other
than lawn grass, and no property border, berm, retaining wall edging, timbers, posts
or other type of obstruction shall be constructed, placed, or permitted to remain within
two (2) feet of the edge of the roadway pavement or edge of sidewalk, or in any location
that creates an obstruction or hazard to pedestrians, bicyclists or vehicles.
(3) Cause for removal of obstructions within safety zones. Upon finding by the director of
public safety that any obstruction or hazard exists within safety zones, the obstruc-
tions shall be immediately removed by order of the police department. The city shall
have the right to remove any trees, shrubbery, vegetation, berms, walls, fences,
structures or other objects in violation of this section, with or without prior notice.
Removal costs shall be charged to the owner, occupant or representative in an amount
equal to the city's costs incurred, plus a charge of one hundred (100) percent of said
costs to cover the city's administrative expenses.
(4) Waiver to safety zones restrictions. Upon written request, accompanied by a site plan,
the director of public safety shall have the authority [to] waive the preceding
restrictions, upon finding that no obstruction or hazard to pedestrians, bicyclists or
vehicles will be created.
(Ord. No. 65-03-32, § 1, 4-14-03; Ord. No. 65-04-33, § 1, 9-13-04)
Supp. No. 31 1109
§ 19-5
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Supp. No. 31
ATLANTIC BEACH CODE
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Supp. No. 31
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-5
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Supp. No. 31
ATLANTIC BEACH CODE
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STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-6
Sec. 19-6. Traffic calming devices.
The city commission shall take no action on the installation of any traffic calming devices,
such as speed bumps or stop signs, unless:
(1) The police department, or such other person as directed by the director of public safety,
has conducted proper research and declared the area where such devices are requested
to be installed a "traffic safety hazard area"; and
(2) The installation of such devices is expected to correct the situation in said area.
(Ord. No. 75-03-15, § 1, 6-9-03)
Editor's note—Ord. No. 75-03-15, § 1, adopted June 9, 2003, enacted provisions intended
for use as § 19-5. As § 19-5 was already in use at the time of codification, these provisions have
been codified herein as a new § 19-6.
[The next page is 1157]
Supp. No. 31 1113
Art. I.
Art. II.
Art. III.
Art. IV.
Chapter 21
TRAFFIC AND MOTOR VEHICLES*
In General, §§ 21-1-21-15
Stopping, Standing and Parking, §§ 21-16-21-49
Div. 1. Generally, §§ 21-16-21-35
Div. 2. Enforcement, §§ 21-36-21-49
Wrecker Service, §§ 21-50-21-59
Motor Vehicle Title Loans, §§ 21-60-21-66
ARTICLE I. IN GENERAL'
Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on
Uniform Traffic Control Devices.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being
Chapter 316, Florida Statutes, as may be amended, which law shall be in full force and effect
within the City as if fully set forth herein, and shall be considered as part of this Chapter. Also
adopted by reference and considered as part of this Chapter is the Manual on Uniform Traffic
Control Devices (MUTCD) for Streets and Highways, as published and amended by the
Federal Highway Administration.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-2. Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any street or roadway except
in accordance with a permit issued by the city manager and such other regulations as are set
forth within this Code, which may apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-3 - 21-15. Reserved.
*Cross references—Any ordinance pertaining to traffic or parking regulations applying to
specific streets saved from repeal, § 1-5(10); use of vehicles prohibited in beach safety zone,
§ 5-17; mobile homes and recreational vehicles, Ch. 10; use of sirens, whistles, etc., on vehicles
prohibited, § 11-4; offenses, Ch. 13; police, Ch. 15; signs and advertising structures as traffic
hazards, § 17-4; streets, sidewalks and other public places, Ch. 19.
State law references—Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local
authorities, F.S. § 316.008.
'Editor's note—Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004, amended art. I to
read as herein set out. Former art. I pertained to similar subject matter and derived from
§§ 11-1, 22-2 of the 1970 Code.
Supp. No. 31 1221
§ 21-16 ATLANTIC BEACH CODE
ARTICLE II. STOPPING, STANDING AND PARKING*
DIVISION 1. GENERALLY
Sec. 21-16. Manner of parking.
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the
edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels
of the vehicle shall be within twelve (12) inches of the edge of the roadway, except as provided
in the following paragraphs:
(1) Angled parking upon a street, which has been marked or signed for angle parking. The
vehicle shall be parked at the angles of the curb indicated by the mark or sign.
(2) Loading or unloading in a place where, and at hours when, stopping for the loading or
unloading of merchandise or materials is permitted. A vehicle is used for the
transportation of merchandise or material may be backed into the curb to take on or
discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently
parked or placed in any location on public or private property, which interferes with the safe,
clear and unobstructed sight distance of any rights-of-way intended or designated for use by
pedestrians, bicycles, and vehicles. Such obstruction shall be immediately removed by order of
the police department, and if required, charges for towing and storage, as set forth herein shall
apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
Stat.. law reference p. previsions, F.S. § 316.1 i5.
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Sec. 21-17. Prohibited in specific areas.
No person shall stop, stand or park a vehicle, in any of the following places or as restricted
by the following provisions, except when necessary to avoid conflict with other traffic, or when
complying with the directions of a police officer or an official traffic -control device.
(a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk
or any part of the sidewalk area;
*Editor's note—Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. II to
read as herein set out. Former art. II pertained to similar subject matter and originated from
Ord. No. 75-82-3, §§ 1-11, adopted Apr. 12, 1982 and from §§ 11-3-11-8 of the 1970 Code.
Additional amendatory history can be found in the Code Comparative Table located at the end
of this volume.
Cross references—Off-Street Parking and Loading, § 24-161; Parking Lots, § 24-162;
Storage and Parking of Vehicles in Residential Districts, § 24-163.
State law references—Authority to regulate or prohibit stopping, standing or parking,
F.S. § 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945;
additional parking regulations, F.S. § 316.195.
Supp. No. 31 1222
TRAFFIC AND MOTOR VEHICLES § 21-17
(b) On any city right-of-way within seven (7) feet of a public driveway, or private driveway
upon complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by
a zone or devices established in the area;
(g) Along side or opposite any street excavation or obstruction when the stopping,
standing or parking could obstruct traffic, and any place where any official sign
prohibits stopping or parking, and any parking place specifically designated and
marked for the disabled unless the vehicle displays a parking permit as required by
state law.
(1) A person who is chauffeuring a disabled person shall be allowed, without need for
an identification parking permit, momentary parking in the parking space for the
purpose of loading or unloading a disabled person, and no penalty shall be
imposed upon the driver for this monetary parking.
(2) A person convicted of violating these provisions regarding parking spaces
designated for disabled persons shall be punished by a fine of two hundred fifty
dollars ($250.00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as
authorized by the city, shall be parked overnight in any public park or public open
space, on any property occupied by a government use, or in any other location posted
by the city to prohibit overnight parking.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
State law reference—Similar provisions, F.S. § 316.1945.
Supp. No. 31 1223
§ 21-18 ATLANTIC BEACH CODE
Sec. 21-18. Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such
conditions as to leave available less than ten (10) feet of a roadway for free movement of
vehicular traffic, except a driver may stop temporarily during the actual loading or unloading
of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or
a police officer.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-19. Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking,
no person shall park a vehicle in such a designated place.
(Ord. No. 75 04-16, § 1, 9-13-04)
Sec. 21-20. Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle for
longer than the respective times set forth in any schedule applicable thereto promulgated and
adopted by the city manager.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-21. Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the principal
purpose of:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs
necessitated by an emergency.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand
(10,000) pounds gross vehicle weight, or any combination thereof, or any component part
thereof, including the tractor unit or trailer unit of any tractor -trailer -type truck, upon any
private property in a residential zone except for the purpose of loading and unloading. No more
than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by
the city manager or his designee.
(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck,
travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or
right-of-way, except for the purpose of loading or unloading. No more than four (4) hours shall
be allowed for loading and unloading, unless otherwise authorized by the city manager or his
designee.
Supp. No. 31 1224
TRAFFIC AND MOTOR VEHICLES § 21-25
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of
fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent
offense.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-23. Parking more than seventy-two hours prohibited.
No person shall park a motor vehicle on any street or right-of-way for a period of time in
excess of seventy-two (72) hours.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared
unlawful; exception; nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25. Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and
shall cause to be removed any vehicle from any street or alley or right-of-way within the city
to a public garage or other place of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on
the curb prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of time
longer than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to
traffic, or the person in charge of the vehicle is, by reason of physical injury or
condition, incapacitated to such an extent as to be unable to provide for its custody or
removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or
the vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-04-16, § 1, 9-13-04)
State law reference—Establishment of rotating wrecker call list, § 21-50.
Supp. No. 31 1225
§ 21-26 ATLANTIC BEACH CODE
Sec. 21-26. Same—Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or place
where the vehicle under provisions of this article, shall constitute a lien against the vehicle.
The operator of the garage or other place the vehicle is stored is hereby authorized to hold the
vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf,
the operator; provided, that in no event shall the city or any officer; employee or department
of the city be liable for the charges and costs by reason of their enforcement of this section.
Ord. No. 75-04-16, § 1, 9-13-04)
State law reference—Charges for towing and storage, § 21-51.
DIVISION 2. ENFORCEMENT
Sec. 21-36. Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed uniform
traffic citations which shall be prenumbered and which shall be issued to the public safety
officers. It shall be the duty of the public safety officers to check on parking locations for
indications of illegal parking and to give the notice of the violation of parking ordinances
regulating the parking of vehicles in any street block of the city. Notice of violation of a parking
ordinance by public safety officers shall be given by leaving a citation specifying the violation
with the registered owner or operator of the vehicle or by attaching the citation to the vehicle
if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public
safety officer, with his signature affixed thereto, at the close of each day's work, with the
records division of the public safety department.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-37. Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
(b) Set forth substantially the nature of the offense and the number of the ordinance being
violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the person
cited if delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the City
of Atlantic Beach, finance department the applicable fine as established by section
21-38; and
(f) Shall be signed by the person issuing them.
(Ord. No. 75-04-65, § 1, 9-13-04)
Supp. No. 31 1226
TRAFFIC AND MOTOR VEHICLES § 21-41
Sec. 21-38. Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of parking
violations occurring within the city:
(a) Parking in prohibited areas $50.00
(b) Parking within fifteen (15) feet of fire hydrant $50.00
(c) Parking double $50.00
(d) Obstructing traffic $50.00
(e) Obstructing driveway $50.00
(f) Parking over time limit $50.00
(g) Other improper parking $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces $250.00
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
Sec. 21-39. Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment
of a parking fine as specified on the parking citation and in accordance with the schedule of
fines at any time before a summons is issued with respect thereto, in person at his office or by
mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea
of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails
to pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in
the citation of paying the additional fifty dollars ($50.00) late fee upon good cause being shown
and documented by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and
the time limitations for the payment of the tickets has expired, then the vehicle may be
disabled or towed pursuant to the conditions set forth within this chapter.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-40. Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid
forthwith to the director of finance in a manner as prescribed by the director of finance.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-41. Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor
vehicle license tag number on a citation for such violation, by an officer charged with
Supp. No. 31 1227
§ 21-41 ATLANTIC BEACH CODE
enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the
person in whose name the license tag is registered in the office of the appropriate agency of the
state issuing the license tag.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-42-21-49. Reserved.
ARTICLE III. WRECKER SERVICE*
Sec. 21-50. Establishment of rotating wrecker call list.
The chief of police, subject to approval by the city manager, is hereby authorized to establish
standards and rules for the administration of a rotating wrecker service to the city. All wrecker
and towing firms, companies, or corporations licensed to conduct that business may apply for
a listing by the police department on the rotating wrecker call list.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-51. Charges for towing and storage.
The charges for towing and otherwise removing any damaged motor vehicle from any point
within the city shall be as set forth below. Daytime shall be defined as the hours from 6:00 a.m.
until 6:00 p.m. Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and
nighttime charges shall also apply Sundays and legal holidays.
Daytime Nighttime
(a) Class A wrecker
Passenger cars and light vans $73.00 $94.00
Trucks (half -ton to two tons $73.00 $94.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $73.00 $94.00
(b) Class B wrecker: The charges for towing and otherwise removing any truck, unit or
part thereof, from more than two tons to 10 tons of weight $105.00 per hour towing
charge, but in no event less than a $100.00 charge for towing, and not more than
$105.00 per hour for cleanup, extra labor and waiting time.
(c) Class C wrecker: The charges for towing and otherwise removing any truck or unit of
10 tons or greater weight $157.00 per hour towing charge for a truck or unit
transportable as a whole, but in no event less than $157.00 charge for such towing, or,
$210.00 per hour towing charge for a truck or other unit not transportable as a whole,
*Editor's note—Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. III to
read as herein set out. Former art. III pertained to similar subject matter and derived from
Ord. No. 57-92-18, §§ 1-5, adopted Apr. 13, 1992 and Res. No. 01-15, § 1, adopted July 9, 2001.
State law references—Removing and impounding, § 21-25; towage and storage charges,
§ 21-26.
Supp. No. 31 1228
TRAFFIC AND MOTOR VEHICLES § 21-54
but in no event less than a $100.00 charge for such towing; and not more than $100.00
per hour for cleanup, extra labor or waiting time.
Daytime Nighttime
(d) Overturned vehicles:
Regular price plus $52.00 $52.00
(e) On Ocean:
Regular price plus (Driver and/or $52.00 $73.00
wrecker must enter water)
(f) Use of dollies:
Regular price plus $52.00 $75.00
(g) The charges for storage of vehicles by wrecker service operators shall be as follows:
Storage, outside per day; $17.00.
Storage, inside per day; $21.00.
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can be
removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been
physically attached to the vehicle. If the owner arrives before the wrecker is attached,
no fee will be charged.
(i) The above charges may be changed by resolution adopted by the city commission.
(Ord. No. 75-04-16, § 1, 9-13-04)
State law reference—Towage and storage charges, § 21-26.
Sec. 21-52. Wreckers to be equipped at all times.
All wreckers must be equipped at all times with amber flashing lights and all necessary
working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire
extinguisher.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-53. Liability insurance.
All wreckers shall have, maintain, and keep in full force and effect, liability insurance in
amounts not less than one hundred thousand dollars ($100,000.00) to three hundred thousand
dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars
($50,000.00).
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-54. Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or additions
to any such removed vehicle without the written consent signed by its owner or his duly
authorized agent.
(Ord. No. 75-04-16, § 1, 9-13-04)
Supp. No. 31 1229
§ 21-55 ATLANTIC BEACH CODE
Secs. 21-55-21-59. Reserved.
ARTICLE IV. MOTOR VEHICLE TITLE LOANS
Sec. 21-60. Definitions.
(a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees
to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the
motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle
certificate of title owned by the borrower and encumbered only by a title loan agreement.
(b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be
amended from time to time.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-61. Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title
loan transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met:
(a) The secondhand dealer maintains physical possession of the motor vehicle certificate
of title;
(b) The borrower maintains possession of, or control over, the motor vehicle throughout
the term of the loan;
(c) The borrower is not required to pay rent or any other charge for the use of the motor
vehicle;
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a
statement showing the loan amount, origination date, maturity date, finance charges,
a description of the security, the name and address of the borrower and the secondhand
dealer, the rate of interest expressed in terms of annual percentage rate, the total
number of payments required, and the total amount required to be paid over the life
of the loan. In the event the borrower has a right to renew the loan, the secondhand
dealer must deliver a statement with the information required herein for each
renewal; and
(e) The title loan agreement contains the following statements printed in not less than
fourteen -point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not repay
this loan in full, including the finance charge, YOU WILL LOSE YOUR VEHI-
CLE."
(2) "You are encouraged to repay this loan at the end of the 30 day period. The lender
is not required to extend or renew your loan. It is important that you plan your
finances so that you can repay this loan as soon as possible."
Supp. No. 31 1230
TRAFFIC AND MOTOR VEHICLES § 21-61
(3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE
THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW
FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH OR
AN ANNUAL PERCENTAGE RATE OF 30%."
(4) "The borrower represents and warrants that the motor vehicle and the certificate
of title is not stolen, it has no liens or encumbrances against it, the borrower has
the right to enter into this transaction, and the borrower will not attempt to sell
the motor vehicle or apply for a duplicate certificate of title while the title loan
agreement is in effect, and that doing so will be a violation of the law."
(f) Immediately above the signature of the borrower, the statement that "I, the borrower,
declare that the information I have provided is true and correct and I have read and
understand the foregoing document."
Supp. No. 31 1231
UTILITIES § 22-14
unless otherwise directed by the finance director or his authorized representative and so noted
on the account. If meter malfunctions are caused by tampering or customer -inflicted damage,
the back -billed period may be extended to the maximum period allowed by state statute.
(e) Adjustment for leaks on consumer's side of meter. An adjustment may be made to the
rate charged for excessive water volume consumed as a result of a leak on the user's side of the
meter. The adjustment for water volume charges would be based on water usage in excess of
that location's average normal monthly consumption for the previous twelve-month period.
The adjusted rate for those excess gallons used would be the rate in effect for the four (4) to
eight (8) thousand gallon usage per month block rate.
Also, an adjustment may be made to the sewer volume portion of the utility bill as a result
of a leak on the consumer side of the meter if the water service was broken at the point where
the discharge did not enter the sanitary sewer system. The city shall decide the extent of the
adjustment based on water usage in excess of that location's average monthly usage for the
previous twelve-month period.
Any request for an adjustment for either water volume or sewer volume charges must be
accompanied by documentation of the leak, in a format acceptable to the city.
No allowances will be made due to running water due to weather conditions.
(f) Adjustments for filling a swimming pool. A one time, per owner, allowance or adjustment
of volume billed for gallons used may be made to the rate charged for excessive water
consumed as a result of filling a swimming pool. The adjustment would be based on water
usage in excess of that location's normal monthly usage based on prior consumption history of
the previous twelve-month period. The adjusted rate for those excess gallons used would be the
rate in effect for the four (4) to eight (8) thousand gallon usage per month block rate.
Any request for an adjustment for water volume charges for filling a swimming pool must
be accompanied by documentation for a new pool or repair, in a format acceptable to the city.
(Ord. No. 80-01-63, § 1, 2-26-01; Ord. No. 80-01-64, § 2, 1-14-02; Ord. No. 80-03-67, § 6, 9-22-03;
Ord. No. 80-05-70, § 1, 2-14-05)
Sec. 22-5. Accounts receivable write-offs.
The city will adopt write-off policies and procedures for uncollectible accounts and
periodically update the city commission when write-offs occur.
(Ord. No. 80-01-63, § 2, 2-26-01)
Secs. 22-6-22-13. Reserved.
ARTICLE II. WATERWORKS SYSTEM*
Sec. 22-14. Application for water service.
It shall be unlawful for any person to use city water without first making application in
writing to the city for service at least forty-eight (48) hours before the service is desired and
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 31 1277
§ 22-14 ATLANTIC BEACH CODE
paying all charges incident to the application. The applications shall be made on forms
furnished by the city and shall constitute an agreement by the consumer with the city to abide
by the rules of the city in regard to its service of water. Applications for service requested by
firms, partnerships, associations and corporations shall be tendered only by their duly
authorized agents, and the official title of the agent shall be shown on the application.
(Code 1970, § 27-1; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-15. Tapping of mains, etc., restricted to city employees.
No person shall tap the city water mains or make any other connection to pipes on the
supply side of any meter except those persons duly employed by the city for such purposes.
(Code 1970, § 27-2; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-16. Connection charges; initial payment of minimum water rental.
(a) Upon the application of the owner or consumer for water service, the connection charge
shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection
charges will be established by the city commission from time to time.
(b) The minimum water rental for the period from the date of installation to the following
minimum water billing date shall be collected at the time payment is made for the connection
charge.
(c) For the purposes of this subsection and subsection (d) of this section, fixture units are
established as the measurement of water demand for each water fixture installed and
connected to the city water system. Fixture units are assigned by the city plumbing code. The
water supply charge is hereby fixed at twenty dollars ($20.00) per fixture unit connected to the
city water system after enactment of this subsection and subsection (d) of this section.
(d) The director of finance is directed to receive the connection charge and cause same to be
invested in interest-bearing securities that are most advantageous to the city's interest. The
securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used
solely for capital improvements to the water plant and supply system.
(e) Payment of connection fees and impact fees shall be 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 or the
remaining life of an existing mortgage, whichever is less, if the owner has demonstrated to the
satisfaction of the city manager that the lump sum payment will constitute a hardship to the
applicant. A lien for the amount due shall be executed in recordable form reflecting the
payment schedule, and recorded at the applicant's expense. Upon all payments being made in
full, the lien shall be released of record.
(Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88; Ord. No. 80-92-48, § 1, 7-27-92; Ord. No.
80-92-51, § 1, 11-23-92)
Supp. No. 31 1278
UTILITIES § 22-19
Sec. 22-17. Temporary service.
Temporary service, such as service for circuses, fairs, carnivals, construction work and the
like, shall be provided upon written application accompanied by a deposit sufficient to cover
the city's estimate of the proper charge for water to be consumed, materials, labor and other
expense incurred by the city in providing the service. Upon termination of this service, any
balance of the deposit shall be refunded to the consumer.
(Code 1970, § 27-4; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-18. Granting necessary easements by consumer.
The consumer shall grant or cause to be granted to the city, without cost, all rights,
easements, permits and privileges which are necessary for providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-19. Right of access by city employees.
Duly authorized employees of the city shall have access at all reasonable hours to the
premises of the consumer for the purpose of reading meters, installing or removing any of its
property, examining pipes or fixtures or for any purpose incidental to providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Supp. No. 31 1278.1
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. 31 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.
Multiple family and condominium living units, including all related facilities: A
minimum of five hundred dollars ($500.00) for the first two (2) units, plus
ninety dollars ($90.00) per unit for each additional unit over two (2).
Motels, including all related facilities: A minimum of one thousand one hundred
fifty dollars ($1,150.00) for the first ten (10) units, plus fifty-five dollars
($55.00) per unit for each additional unit over ten (10).
Nursing and convalescent homes, including all related facilities: A minimum of
one thousand fifty dollars ($1,050.00) for the first ten (10) beds, plus
forty-five dollars ($45.00) per bed for each additional bed over ten (10).
All others: A minimum of three hundred twenty-five dollars ($325.00).
Size of Meter
(inches) Charge
3/4 $ 325.00
1 550.00
1,075.00
2 1,725.00
nnrn
J,GV V.VVuo
4 5,425.00
6 10,800.00
8 15,000.00
Disposition, use of revenues. All revenues collected by the city for water capital
improvement charges shall be deposited and held in a special fund to be known as and
hereby designated "the water capital improvement fund". The monies deposited and
held in said fund and all interest accrued thereto shall be used only for the
improvements, expansion and/or replacement of the water system of the city.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-05-71, § 1, 3-14-05)
Sec. 22-29. Due dates and late fees.
Bills for minimum and excess water will be rendered at regular intervals, but the rendering
of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill
shall not release or diminish the obligation of the consumer with respect to payment thereof,
or relieve the consumer of any obligation under this chapter. The bills for service shall be due
and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If
Supp. No. 31 1282.2
UTILITIES § 22-33
the bill is not paid within fifteen (15) additional days (or thirty (30) days from the billing date),
service will be discontinued. A reconnect fee will be required to be paid, along with the full
amount of the bill, prior to service being restored.
(Code 1970, § 27-13; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No.
80-96-57, § 1, 2-12-96; Ord. No. 80-03-67, § 5, 9-22-03)
Sec. 22-30. Private fire protection service.
Fire protection service charges shall be billed at the monthly water base rate for a 3/4' meter.
Fire protection service, either private hydrants or sprinkler systems, shall be installed from
the connection to the main inward at the expense of the consumer. All such installations shall
be made in strict accordance with the rules of the American Insurance Association in force at
the date of installation and with such requirements as may be prescribed by the city manager.
No taps will be allowed which may be used for other than fire protection purposes, and unless
pursuant to special permit from the city manager, there shall be no connection with any other
source of water except in case a storage tank or fire pump is installed as a secondary supply
for such fire protection.
Fire protection services on new facilities shall be metered. Customers with existing fire
protection services will be required to install a detector check meter on the fire line. No water
volume charge shall be made for water used while fighting a fire or testing the fire sprinkler
system; however, evidence with documentation of such fire fighting or equipment testing may
be required by the city. Water used for other than fire fighting or testing of the sprinkler
system will be charged the normal volume rate and the base charge appropriate for the size of
meter, and the city may require the customer to install an appropriately sized meter on the fire
service line.
(Code 1970, § 27-14; Ord. No. 80-05-71, § 1, 3-14-05)
Sec. 22-31. Reserved.
Editor's note—Ord. No. 80-05-70, § 1, adopted Feb. 14, 2005, repealed § 22-31, which
pertained to leaks on consumer's side of the meter and derived from Code 1970, § 27-15.
Sec. 22-32. Connection of private water systems to city system prohibited.
No person shall interconnect a privately owned water system to the city's water system.
(Code 1970, § 27-16)
Sec. 22-33. Prohibited acts.
No person shall connect or turn on any water service or tap or make any alteration to any
main or distribution pipe of the city's water system or in any way interfere with or molest any
of the wells, reservoirs, basins or water in the same, or permit any connection or tapping to be
made to the city's water system on his premises or the premises occupied by him or knowingly
use city water from unauthorized connections.
(Code 1970, § 27-17)
Supp. No. 31 1283
§ 22-34 ATLANTIC BEACH CODE
Sec. 22-34. Service to more than one property through same meter.
Properties owned or operated by different owners or operators shall not be supplied with
water through one (1) meter unless existing facilities make it impractical, as determined by
the city commission as an exception, to establish separate meters for each property. In each
Supp. No. 31 1284
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-134
residents of the planned unit development. Land dedicated as open space shall not be
encroached upon by any residential, commercial, or industrial principal use or accessory use.
(c) Waiver of yard, type of dwelling unit, and building restrictions. Minimum yards, lot size,
type of dwelling unit and building restrictions may be waived for the planned unit develop-
ment, provided the spirit and intent of these land development regulations is maintained for
the entire planned unit development, and further provided that any waiver is not in conflict
with the comprehensive plan. However, the city commission may, at its discretion, require
adherence to minimum zoning district requirements within certain portions of the PUD if
deemed necessary in order to maintain the spirit and intent of these land development
regulations and the comprehensive plan.
(d) Supporting legal documents for open space. Legal documents, which provide for
permanent and adequate management and maintenance of the open space, shall be provided
by the developer for all areas proposed for common ownership by the residents of the planned
unit development. Legal instruments provided for dedications, covenants, community associ-
ations, and subdivision controls shall:
(1) Place title of common property in a form of common ownership by the residents of the
planned unit development; e.g., a duly constituted and legally established community
or homeowner's association, cooperative, or similar lawfully established entity.
(2) Appropriately limit the use of common property.
(3) Place responsibility for continued management and maintenance of all common
property. The city commission, at its discretion, may require the applicant to enter into
a contract with the city for maintenance of commonly held properties.
(4) Clearly designate the developer or the homeowner's association to be responsible for
all maintenance and upkeep of all utilities and other improvements such as sidewalks,
streets, etc., until such time as they may be accepted by the city.
(5) Place responsibility for the perpetual enforcement of covenants and any private deed
restrictions.
(6) Permit the subjection of each lot to assessment for its proportionate share of
maintenance costs.
(e) Access. Access to each single-family dwelling unit shall be provided by either a public
right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee
or in common ownership with the residents of the planned unit development.
(f) Privacy. Within residential planned unit developments, each dwelling unit within the
PUD shall be provided with visual and acoustical privacy. Fences, walks and landscaping shall
be provided for the protection and aesthetic enhancement of property and the privacy of its
occupants, screening of objectionable views or uses and reduction of noise.
(g) In -fill development. All construction within the PUD shall conform to the general
architectural style of the initial development.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 31 1479
§ 24-135 ATLANTIC BEACH CODE
Sec. 24-135. Community facilities.
(a) All utility facilities proposed for dedication to the city must be acceptable to city as to
construction standards and deemed to be of benefit to the general public.
(b) All requirements for off-street parking and loading shall apply to the planned unit
development unless otherwise waived or modified by the city commission.
(c) Access and circulation within the PUD shall adequately provide for emergency service
and firefighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries
and debris removal and similar large vehicles.
(d) All planned unit developments shall provide for underground installation of utilities,
including telephone, power and cable television in both public and private rights-of-way.
Provisions shall be made for acceptable design and construction of stormwater management
and central water and sewer facilities.
(e) Specifications for street design shall conform to the design standards as set forth within
article IV of this chapter.
(f) All public and private parks, playgrounds and green spaces must be clearly identified,
and the proposed location of each must be approved by the mayor and the city commission and
recorded within the ordinance establishing the PUD.
(g) Sidewalks and recreational areas appropriate to the intended use of the PUD shall be
provided and clearly shown on all plans and drawings. Internal sidewalks shall be provided
within all residential planned unit developments.
(Ord. No. 90-03-184, § 2, 12-8-03)
J_a
Sac. 24-13 6. a{.i.qY.itYY i:YYYY this '1YY WY.'l. YIYY.
No requirement of this division, which shall be included in the ordinance enacting a
planning unit development, shall be modified unless in accordance with the provisions of this
division or unless approved by action of the city commission.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-138-24-150. Reserved.
DIVISION 7. SUPPLEMENTARY REGULATIONS
Sec. 24-151. Accessory uses and structures.
(a) Authorization. Accessory uses and structures are permitted within any zoning district,
as set forth within this section, where the accessory uses or structures are clearly ancillary, in
connection with, and incidental to the principal use allowed within the particular zoning
district. Any permanently located structure, including porches, decks and deck railings and the
like, which exceed thirty (30) inches in height, also including those which may not require a
building permit, are subject to applicable yard requirements and the provisions of this section.
Supp. No. 31 1480
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-151
Any accessory structure, if allowed to deteriorate to an unsafe, deteriorated or unsightly
appearance, shall be repaired or removed upon order of the city, and shall become subject to
code enforcement action for failure to comply.
(b) Accessory uses and structures by zoning district. Accessory uses and structures shall be
permitted only within zoning districts as set forth within this division.
(1) Within all residential zoning districts:
a. Antenna structures for television and radio, but not microwave relay or commer-
cial transmission structures, television and radio antennas of the customary size
and design shall not count as accessory structures for the purpose of determining
the number of such structures, provided that only one (1) such structure is
permitted per residence.
b. Children's playhouse and/or juvenile play equipment, provided such shall not be
permanently located within required front yards.
c. Guest house or guest quarters, provided that such are used only for intermittent
and temporary occupancy by a nonpaying guest or family member of the occupant
of the primary residence. A guest house or guest quarters shall not be rented for
any period of time and shall not contain a kitchen, but may contain a kitchenette
as defined herein. Further, a guest house or guest quarters shall not be used as,
or converted to a dwelling unit. A detached guest house shall not exceed the
number of buildings allowed on a lot as set forth within subsection 24-82(b) and
shall be a minimum distance of ten (10) feet from the principal building.
d. Detached private garages and carports, not to exceed six hundred (600) square
feet of lot area and fifteen (15) feet in height, except in accordance with section
24-88 or the provisions of the following paragraph. Only one (1) detached private
garage or carport shall be allowed on any single residential lot, and such
structures shall comply with applicable side yard requirements and shall be a
minimum distance of ten (10) feet from the rear lot line.
Detached private garages, not to exceed six hundred (600) square feet of lot area
may be constructed to a height of twenty-five (25) feet provided that such
structures shall comply with applicable side yard requirements and shall be a
minimum distance of fifteen (15) feet from the rear lot line.
A detached private garage shall be a minimum distance of ten (10) feet from the
principal building.
e. Gazebos and similar structures, not to exceed 150 square feet and ten (10) feet in
height for a flat roof or twelve (12) feet in height for a peaked roof; and a
minimum distance of five (5) feet from the rear and side lot lines.
f. Private swimming pools in accordance with section 24-164.
g. Home office (but not a home occupation).
h. Private ball courts and other similar private recreational uses.
Supp. No. 31 1481
§ 24-151 ATLANTIC BEACH CODE
J•
Skateboard, skating, bicycle or similar ramps, for use on private property only,
placed or constructed in fixed locations and made of wood, block, concrete or
similar materials, provided that these are not located within required front yards
or the street side yards on a corner lot. Due to excessive noise, which may result
from the use of such ramps, time of use shall be limited to the hours between 9:00
a.m. and 10:00 p.m. Such ramps shall be maintained in a safe and good condition,
and shall be disassembled and removed from the property if allowed to deterio-
rate to an unsafe or unsightly appearance.
Storage and tool sheds, not to exceed one hundred fifty (150) square feet and ten
(10) feet in height for a flat roof or twelve (12) feet in height for a peaked roof.
Only one (1) detached storage or tool shed shall be allowed on any single
residential lot, and such structures shall comply with applicable side yard
requirements and shall be a minimum distance of ten (10) feet from the rear lot
line.
k. Screened enclosures and pool cages with screened roofs or similar nonstructural
roofs such as awnings and the like, not to exceed six hundred (600) square feet
and fifteen (15) feet in height and located a minimum of five (5) feet from any side
or rear lot line. Such detached screened enclosures shall not be allowed in
required front yards.
1. Dog houses not to exceed five (5) square feet and five (5) feet in height.
m. Personal pets, limited to those animals customarily considered as pets, and kept
only on the same premises of the occupant(s) of the residential principal building.
(2) In any zoning district; except as to private swimming pools:
A11 9rcessory >aiges an!1 s r cture shall compiy with the use limitations applicable
to the zoning district in which they are located.
b. Unless otherwise specified within this section, all accessory structures shall
comply with the land development regulations, including the minimum yard
requirements applicable to the zoning district in which they are located.
c. Unless otherwise specified within this section, accessory uses and structures
shall not be located within required front yards and shall not be closer than five
(5) feet from any lot line.
d. No accessory structure shall be used as a residence, temporarily or permanently,
except in accordance with section 24-88, and no accessory structure shall be used
for any commercial or business purposes unless approved as a home occupation
in accordance with the provisions of section 24-159 of this chapter.
e. Accessory structures shall not be more than fifteen (15) feet in height, except in
accordance with section 24-88 or preceding paragraph (b)(1)d. Space within an
accessory structure shall not be leased or used for any use, activity or purpose
other than those typically incidental to the use of the principal building.
(Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-05-186, § 1, 4-11-05)
Supp. No. 31 1482
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-152
Sec. 24-152. Child care.
Child care centers, including day nurseries and kindergartens, and child care provided in
private homes, whether operated as a permitted use or permitted as a use -by -exceptions, shall
be licensed and operated in accordance with all applicable requirements of the Florida
Department of Children and Family Services, all applicable city codes, and shall further be
subject to the following provisions.
(1) Minimum lot area shall not be less than five thousand (5,000) square feet.
(2) Outdoor play areas shall be fully fenced with a minimum four (4) foot high latching
fence, and the size of play area shall meet the state regulations for square feet of play
Supp. No. 31 1482.1
CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date 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
65-04-33 9-13-04 1 19-5
75-04-16 9-13-04 1 21-1-21-59
75-04-17 10-11-04 1 21-17(g)(2),
21-38(h)
60-04-15 1-10-05 2 17-29(a)(3)
80-05-70 2-14-05 1 Added 22-4(e), (f),
Rpld 22-31
80-05-71 3-14-05 1 Rpld 22-28(2),
22-30
58-05-30 4-11-05 1 2-281, 2-298
95-05-89 4-11-05 1 5-32
95-05-186 4-11-05 1 24-151
[The next page is 2043]
Supp. No. 31 2003
CODE INDEX
TIME, COMPUTATION OF
Defined
Section
1-2
TITLE LOANS
Definitions 21-60
Maximum interest rate 21-62
Motor vehicle title loan transactions 21-61
Title loan lending license 21-64
Transaction satisfaction and default 21-63
Transition period for regulations, restrictions and licensure
provisions 21-66
Violations and penalties 21-65
TOILET FACILITIES
Use of public sewers required
Installation of toilet facilities 22-74
TOWING SERVICE. See: WRECKER SERVICE
TOXIC SOLIDS, LIQUIDS OR GASES
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130(5)
Prohibited discharges 22-129
TRAFFIC
Abandoned, wrecked, junked or inoperative property, etc.
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Beaches, regulations for 5-1 et seq.
Operating motorized apparatus within two hundred feet of 5-7
Parking of sailboats on beaches not to obstruct lifeguard
activities 5-6
Use of vehicle on beach safety zone 5-16
Certain ordinances saved from repeal 1-5
Florida Uniform Traffic Control Law; Manual on Uniform
Traffic Control Devices
Adoption 21-1
Motor Vehicle Title Loans
Definitions 21-60
Maximum interest rate 21-62
Motor vehicle title loan transactions 21-61
Title loan lending license 21-64
Transaction satisfaction and default 21-63
Transition period for regulations, restrictions and licensure
provisions 21-66
Violations and penalties 21-65
Parades and processions
Permit required 21-2
Parking. See herein: Stopping, Standing and Parking
Safety zones 19-5
Supp. No. 31 2147
ATLANTIC BEACH CODE
Section
TRAFFIC (Cont'd.)
Stopping, standing and parking
Abandoned, wrecked, junked or inoperative property, etc
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Commercial, recreational, etc., vehicles; weight require-
ments 21-22
Compliance with signs prohibiting parking required 21-19
Enforcement
Disposition of money collected as fines 21-40
Form of citations 21-37
Issuance of citations 21-36
Payment of parking fines 21-39
Presumption of motor vehicle ownership 21-41
Schedule of fines 21-38
Manner of parking 21-16
Obstructing traffic 21-18
Parking for certain purposes prohibited 21-21
Parking limitations 21-20
Parking more than seventy-two hours prohibited 21-23
Prohibited in specific areas 21-17
Traffic calming devices 19-6
Traffic -control signs, signals and devices
Compliance with signs prohibiting parking 21-19
Manual on Uniform Traffic Control Devices adopted 21-1
Parking limitations where signs are erected 21-20
Wrecker service
Charges for towing and storage 21-51
Est blishmpnt of rotating umprker rah list , , , . , _ , 21_50
Liability insurance 21-53
Repairing vehicles without authorization prohibited 21-54
Wreckers to be equipped at all times 21-52
TRAILERS. See: MOBILE HOMES AND RECREATIONAL
VEHICLES
TRANSPORTATION
Uniform travel policy and procedure 2-632
TRAPPING
Trapping birds, wild fowl, etc. 4-4
TRASH. See: GARBAGE AND REFUSE
TRAVEL
Uniform travel policy and procedure
Auditing 2-365
Authority to incur travel and business expenses 2-357
Authorized travel 2-363
Definitions 2-356
Expense forms and regulations 2-359
Supp. No. 31 2148
CODE INDEX
Section
TRAVEL (Cont'd.)
Fraudulent claims 2-366
Funding 2-358
Reimbursable incidental expenses 2-364
Schedule for meal allowance and accommodations 2-360
Subsistence 2-361
Transportation 2-362
TRAVEL TRAILERS. See: MOBILE HOMES AND RECRE-
ATIONAL VEHICLES
TREES AND SHRUBBERY
Code enforcement board's jurisdiction re 2-146
Garbage and refuse collection and disposal
Garden trash, compost piles 16-7
Leaves and grass clippings; tree trunks limbs, etc 16-5
Historic tree preservation
Historic preserve corridors
Designated corridors 23-49
Designation, procedures 23-47
Effect of designation 23-48
Intent 23-46
Penalties for violation 23-50
Roadway safety zones; planting on 19-5
Tree conservation board
Created; functions 23-19
Removal of members 23-20
Tree protection
Applicability 23-17
Definitions 23-16
Development 23-17
Enforcement 23-17
Exceptions 23-25
Inspections 23-22
Intent 23-15
Mitigation 23-17
Permits 23-17
Removal of trees 23-17
Standards 23-17
Violations and penalties 23-17
Waterworks system
Water shortages; irrigation of ornamentals, ferns, foliage,
etc 22-39
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
TRUCKS
Weight requirements for commercial, recreational, etc., ve-
hicles
21-22
TRUSTS
Definition of "person" to include trusts 1-2
Supp. No. 31 2149
ATLANTIC BEACH CODE
Section
U
UNDERGROUND WIRING
Mobile home parks and recreational vehicle parks 10-2(4)
UTILITIES
Generally
Accounts receivable write-offs 22-5
Authority to adjust or waive charges in appropriate cases 22-4
Combined sewer and water systems 22-1
Return investment policy for Buccaneer plant 22-2
Voluntary collection program to assist needy with utility
bills 22-3
Public service tax 20-16 et seq.
See: TAXATION
Supp. No. 31 2150
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. 31 2153
ATLANTIC BEACH 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 system 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
Liability of consumer for charges 22-23
Property owner responsible to city for water charges 22-26
Re -read of meters, fee established for 22-22
Service to more than one property through same meter 22-34
Supp. No. 31 2154
CODE INDEX
Section
WATERWORKS SYSTEM (Cont'd.)
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
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
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
Supp. No. 31 2155
ATLANTIC BEACH CODE
Section
WATERWORKS SYSTEM (Cont'd.)
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
Removal by city 23-39
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. 31 2156