AB Code Supplement 35SUPPLEMENT NO. 35
September 2008
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. 25-08-39, adopted July 14, 2008.
See the Code Comparative Table—Ordinances for further information.
Remove old pages Insert new pages
iii iii
ix—xiii ix—xiii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
155-158 155-158.1
189-196 189-203
247, 248 247, 248
299-311 299-313
407-416 407-416.9
421, 422 421, 422
469-480 469-480
523-528 523-528.1
735-737 735-738
945-952 945-952.1
1283-1284.6 1283-1284.5
1482.1-1484 1483-1484.2
1497-1498.5 1497-1498.5
2003, 2004 2003-2005
2053-2055 2053-2056
2101-2108 2101-2108
2113, 2114 2113-2114.1
2117-2120 2117-2120.1
2123-2126 2123-2126
2131, 2132 2131, 2132
2135-2136.1 2135-2136.1
2139, 2140 2139-2140.1
2143, 2144 2143, 2144
2159-2160.1 2159-2160.1
2167-2169 2167-2169
INSTRUCTION SHEET—Cont'd.
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1 -800 -262 -CODE
Website: www.municode.com
OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
John S. Meserve
Mayor
Louis "Mike" Borno
Mayor Pro Tem
John L. Fletcher
Paul B. Parsons
Carolyn R. Woods
City Commission
Alan C. Jensen
City Attorney
James R. Hanson
City Manager
Donna L. Bartle
City Clerk
Supp. No. 35 iii
TABLE OF CONTENTS
Page
Officials of the City iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
PART I
CHARTER
Charter 1
Art. I. Incorporation; Form of Government; Powers 1
Art. II. The Commission 3
Art. III. The City Manager 7
Art. IV. The City Clerk 9
Art. V. The City Attorney 10
Art. VI. Department of Public Safety 11
Art. VII. Budget 11
Art. VIII. Department of Finance 12
Art. IX. Elections 12
Art. X. Initiative and Referendum 14
Art. XI. Recall Elections 17
Art. XII. Franchises 17
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV. Municipal Borrowing 18.1
Art. XVI. Suits Against the City 18.1
Art. XVII. General and Miscellaneous Provisions 19
Art. XVIII. When Act Takes Effect 22
Charter Comparative Table—Special Acts 79
Charter Comparative Table—Ordinances 91
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 103
2. Administration 155
Art. I. In General 155
Art. II. City Commission 157
Art. III. City Manager 161
Art. IV Departments 161
Div. 1. Generally 161
Div. 2. Police Department 162
Div. 3. Fire Department 163
Supp. No. 35 ix
ATLANTIC BEACH CODE
Chapter Page
Div. 4. Department of Finance 163
Div. 5. Department of Public Works 165
Div. 6. Department of Public Utilities 166
Art. V. Boards and Commissions 166
Div. 1. Generally 166
Div. 2. Code Enforcement Board 167
Div. 3. Nuisance Control Board 170
Art. VL Employee Benefits 172
Div. 1. Generally 172
Div. 2. Old -Age and Survivors Insurance 172
Div. 3. General Employee Retirement System 174
Div. 4. Police Officers' Retirement System 188.8
Art. VII. Finance 188.30
Div. 1. Generally 188.30
Div. 2. Purchasing 190
Div. 3. Uniform Travel Policy and Procedure 194
Div. 4. Service and User Charges 198
Art. VIII. Emergency Management 199
Div. 1. Generally 199
Div. 2. Comprehensive Emergency Management
Plan 199
3. Alcoholic Beverages 245
4. Animals 299
Art. I. In General 299
Art. II. Dogs and Cats 309
5. Beaches and Parks 353
Art. I. In General 353
Art. II. Beach Safety Zone 355
Art. III. Public Parks 355
6. Buildings and Building Regulations 407
Art. I. In General 407
Art. II. Building Code 407
Art. III. Electrical Code 416.5
Art. IV Plumbing Code 416.7
Art. V. Mechanical Code 416.9
Art. VI. Reserved 418
Art. VII. Numbering of Buildings 419
Art. VIII. Housing Code 421
Art. IX. Reserved 421
Art. X. Amusement Device Code 422
7. Fire Prevention and Protection 469
Art. I. In General 469
Art. II. Fire Prevention and Life Safety 469
8. Flood Hazard Areas 521
Art. I. In General 521
Art. II. Administration 527
Supp. No. 35 g
Chapter
TABLE OF CONTENTS—Cont'd.
Page
Art. III. Flood Hazard Reduction Standards 530
9. Human Relations 577
Art. I. In General 577
Art. II. Fair Housing 577
10. Mobile Homes and Recreational Vehicles 631
11. Noise 683
12. Nuisances 735
13. Offenses 787
Art. I. In General 787
Art. II. Minors on Streets and in Public Places 794
Art. III. Sexual Offenders and Sexual Predators 797
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
Art. I. Solid Waste Definitions and Procedures 943
Art. II. Franchise Agreements 951
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. Local Business 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
Supp. No. 35
xi
ATLANTIC BEACH CODE
Chapter Page
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 1284.4
Div. 1. Generally 1284.4
Div. 2. Use of Public Sewers Required 1286
Div. 3. Private Wastewater Disposal 1286.2
Div. 4. Building Sewers and Connections 1288.1
Div. 5. Use of Public Sewers 1290
Div. 6. Powers and Authority of Inspectors 1294
Div. 7. Sewer User Rates and Charges 1295
Div. 8. Sewer System Extensions 1299
Art. W. Stormwater Management 1301
Div. 1. Generally 1301
Div. 2. Rates and Charges 1305
23. Vegetation 1351
Art. I. In General 1351
Art. II. Tree Protection 1351
Art. III. Accumulation of Weeds 1362
Art. IV. Historic Tree Preservation 1363
24. Zoning, Subdivision and Land Development Regulations1403
Art. I. In General 1404
Art. II. Language and Definitions 1405
Art. III. Zoning Regulations 1428
lliv. 1 Genorplly 1428
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 1498.5
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
Art. V. Environmental and Natural Resource Regula-
tions 1526
Div. 1. Wellhead Protection 1526
Art. VI. Concurrency Management System and Propor-
tionate Fair -Share 1531
Div. 1. Concurrency Management System 1531
Supp. No. 35 xii
TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 2. Proportionate Fair -Share Mitigation of De-
velopment Impacts on Transportation Cor-
ridors 1536
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. 35 xiii
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 105, 106 OC
iii 35 107, 108 13
v, vi OC 155, 156 35
vii, viii 1 157, 158 35
ix, x 35 158.1 35
xi, xii 35 159, 160 34
xiii 35 160.1 34
1, 2 19 161, 162 32
3, 4 34 163, 164 25
5, 6 34 165, 166 32
6.1 34 167, 168 32
7, 8 14 169, 170 18
9, 10 14 171, 172 30
11, 12 34 173, 174 30
13, 14 34 175, 176 30
14.1 34 177, 178 30
15, 16 14 179, 180 30
17, 18 33 181, 182 30
18.1 33 183, 184 31, Rev.
19, 20 14 184.1 31, Rev.
21, 22 14 185, 186 30
79 5, Add. 187, 188 30
91 34 188.1, 188.2 30
103, 104 OC 188.3, 188.4 30
Supp. No. 35 [1]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
188.5, 188.6 32 416.7, 416.8 35
188.7, 188.8 34 416.9 35
188.9, 188.10 34 417, 418 27
188.11, 188.12 34 419, 420 27
188.13, 188.14 34 421, 422 35
188.15, 188.16 34 469, 470 35
188.17, 188.18 34 471, 472 35
188.19, 188.20 34 473, 474 35
188.21, 188.22 34 475, 476 35
188.22.1, 188.22.2 34 477, 478 35
188.23, 188.24 30 479, 480 35
188.25, 188.26 30 521, 522 6
188.27, 188.28 34 523, 524 35
188.29, 188.30 34 525, 526 35
188.31 34 527, 528 35
189, 190 35 528.1 35
191, 192 35 529, 530 6
193, 194 35 531, 532 6
195, 196 35 533, 534 30
197, 198 35 534.1 30
199, 200 35 577, 578 OC
201, 202 35 579, 580 OC
203 35 581 OC
245, 246 30 631, 632 OC
247, 248 35 683, 684 24
299, 300 35 685 24
301, 302 35 735, 736 35
303, 304 35 737, 738 35
305, 306 35 787, 788 32
307, 308 35 789, 790 8
309, 310 35 791, 792 28
311, 312 35 793, 794 30
313 35 795, 796 32
353, 354 33 797 32
355, 356 34 839, 840 28
357, 358 34 841, 842 5
407, 408 35 843 5
409, 410 35 891, 892 31
411, 412 35 943, 944 34
413, 414 35 945, 946 35
415, 416 35 947, 948 35
416.1, 416.2 35 949, 950 35
416.3, 416.4 35 951, 952 35
416.5, 416.6 35 952.1 35
Supp. No. 35 [2]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
953, 954 34 1281, 1282 34
955, 956 34 1282.1, 1282.2 31
995, 996 26 1283, 1284 35
997, 998 26 1284.1, 1284.2 35
999, 1000 26 1284.3, 1284.4 35
1001, 1002 28 1284.5 35
1003, 1004 31 1285, 1286 OC
1005, 1006 31 1286.1, 1286.2 23
1006.1 31 1287 23
1007, 1008 26 1288.1 16
1009, 1010 27 1289, 1290 OC
1011, 1012 28 1291, 1292 OC
1055, 1056 15 1293, 1294 OC
1057, 1058 15 1295, 1296 34
1059 15 1297, 1298 34
1107, 1108 31 1298.1 34
1109, 1110 31 1299, 1300 OC
1111, 1112 31 1301, 1302 11
1113, 1114 32 1303, 1304 11
1157, 1158 33 1305, 1306 11
1159, 1160 33 1307, 1308 26
1161, 1162 33 1351, 1352 33
1163, 1164 33 1353, 1354 33
1165, 1166 33 1355, 1356 33
1167, 1168 33 1357, 1358 33
1169, 1170 33 1359, 1360 33
1171, 1172 33 1360.1 33
1173, 1174 33 1361, 1362 28
1175, 1176 33 1363, 1364 28
1177, 1178 33 1365 28
1179, 1180 33 1403, 1404 34
1221, 1222 31 1404.1 34
1223, 1224 31 1405, 1406 29
1225, 1226 31 1407, 1408 29
1227, 1228 31 1409, 1410 29
1229, 1230 31 1411, 1412 29
1231 31 1413, 1414 29
1235, 1236 21 1415, 1416 29
1237, 1238 21 1417, 1418 32
1239, 1240 21 1418.1 32
1275, 1276 28 1419, 1420 29
1277, 1278 31 1421, 1422 29
1278.1 31 1423, 1424 32
1279, 1280 34 1425, 1426 32
Supp. No. 35 [3]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1427, 1428 32 1498.5 35
1428.1 32 1499, 1500 29
1429, 1430 29 1501, 1502 29
1431, 1432 29 1503, 1504 29
1433, 1434 29 1505, 1506 29
1435, 1436 29 1507, 1508 29
1437, 1438 29 1509, 1510 29
1439, 1440 29 1511, 1512 29
1441, 1442 29 1513, 1514 29
1443, 1444 29 1515, 1516 29
1445, 1446 29 1517, 1518 29
1447, 1448 32 1519, 1520 29
1448.1 32 1521, 1522 29
1449, 1450 34 1523, 1524 29
1451, 1452 34 1525, 1526 33
1453, 1454 32 1527, 1528 33
1455, 1456 32 1529, 1530 33
1456.1, 1456.2 32 1531, 1532 34
1457, 1458 29 1533, 1534 34
1459, 1460 29 1535, 1536 34
1461, 1462 29 1537, 1538 34
1463, 1464 29 1539, 1540 34
1465, 1466 33 1541, 1542 34
1467, 1468 33 1543, 1544 34
1468.1, 1468.2 33 1983, 1984 OC
1469, 1470 29 1985 OC
1471, 1472 29 1987, 1988 OC
1473, 1474 29 1989, 1990 OC
1475, 1476 29 1991, 1992 2
1477, 1478 29 1993, 1994 6
1479, 1480 31 1995, 1996 13
1481, 1482 31 1997, 1998 18
1483, 1484 35 1999, 2000 24
1484.1, 1484.2 35 2001, 2002 30
1485, 1486 34 2003, 2004 35
1487, 1488 34 2005 35
1489, 1490 34 2043 OC
1491, 1492 34 2053, 2054 35
1492.1, 1492.2 34 2055, 2056 35
1493, 1494 29 2081, 2082 14
1495, 1496 29 2083, 2084 14
1497, 1498 35 2085, 2086 33
1498.1, 1498.2 35 2087, 2088 14
1498.3, 1498.4 35 2101, 2102 35
Supp. No. 35 [4]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No.
2103, 2104 35
2105, 2106 35
2107, 2108 35
2109, 2110 34
2110.1 34
2111, 2112 32
2113, 2114 35
2114.1 35
2115, 2116 34
2117, 2118 35
2119, 2120 35
2120.1 35
2121, 2122 34
2123, 2124 35
2125, 2126 35
2127, 2128 34
2129, 2130 34
2131, 2132 35
2133, 2134 34
2135, 2136 35
2136.1 35
2137, 2138 28
2139, 2140 35
2140.1 35
2141, 2142 34
2143, 2144 35
2145, 2146 34
2147, 2148 34
2149, 2150 34
2151, 2152 34
2153, 2154 34
2155, 2156 34
2157 34
2159, 2160 35
2160.1 35
2161, 2162 33
2162.1 33
2163, 2164 29
2165, 2166 34
2167, 2168 35
2169 35
Supp. No. 35
[5]
Chapter 2
ADMINISTRATION*
Art. I. In General, §§ 2-1-2-15
Art. II. City Commission, §§ 2-16-2-30
Art. III. City Manager, §§ 2-31-2-40
Art. IV. Departments, §§ 2-41-2-130
Div. 1. Generally, §§ 2-41-2-50
Div. 2. Police Department, §§ 2-51-2-60
Div. 3. Fire Department, §§ 2-61-2-70
Div. 4. Department of Finance, §§ 2-71-2-78
Div. 5. Department of Public Works, §§ 2-79-2-83
Div. 6. Department of Public Utilities, §§ 2-84-2-130
Art. V. Boards and Commissions, §§ 2-131-2-225
Div. 1. Generally, §§ 2-131-2-140
Div. 2. Code Enforcement Board, §§ 2-141-2-160
Div. 3. Nuisance Control Board, §§ 2-161-2-225
Art. VI. Employee Benefits, §§ 2-226-2-310.29
Div. 1. Generally, §§ 2-226-2-240
Div. 2. Old -age and Survivors Insurance, §§ 2-241-2-260
Div. 3. General Employee Retirement System, §§ 2-261-2-299
Div. 4. Police Officers' Retirement System, §§ 2-300-2-310.29
Art. VII. Finance, §§ 2-311-2-368
Div. 1. Generally, §§ 2-311-2-330
Div. 2. Purchasing, §§ 2-331-2-355
Div. 3. Unifoiiu Travel Policy and Procedure, §§ 2-356-2-366
Div. 4. Service and User Charges, §§ 2-367, 2-399
Art. VIII. Emergency Management, §§ 2-400-2-409
Div. 1. Generally, § 2-400
Div. 2. Comprehensive Emergency Management Plan, §§ 2-401-2-409
ARTICLE I. IN GENERAL
Sec. 2-1. Defense of civil actions against public officers, employees or agents;
payment of judgments or settlements.
(a) Defense of civil actions. The city shall provide an attorney to defend any civil action
arising from a complaint for damages or injury suffered as a result of any act or omission of
action of any of its officers, employees, or agents for an act or omission arising out of and in the
scope of his or her employment or function, unless, in the case of a tort action, the officer,
*Charter references—Form of government, § 3; general powers, § 4.
Cross references—Planning/zoning/appeals, Ch. 14; community development board, § 14-16
et seq.; police, Ch. 15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations,
§ 24-46 et seq.
State law references—Public records, F.S. Ch. 119; public meetings and records, F.S.
§ 286.011.
Supp. No. 35 155
§ 2-1 ATLANTIC BEACH CODE
employee or agent acted in bad faith, with malicious purpose, or in a manner exhibiting willful
disregard of human rights, safety, or property. Defense of such civil action includes, but is not
limited to, any civil rights lawsuit seeking relief personally against the officer, employee, or
agent for an act or omission under color of state law, custom or usage, wherein it is alleged that
such officer, employee, or agent has deprived another person of his rights secured under the
Federal Constitution or laws. Legal representation of an officer, employee, or agent of the city
may be provided by the city attorney. However, any attorney's fees paid from public funds for
an officer, employee, or agent who is found to be personally liable by virtue of acting outside
the scope of his employment, or was acting in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered
by the city in a civil action against such officer, employee, or agent. If the city fails, pursuant
to this section to provide an attorney to defend a civil action arising from a complaint for
damages or injury suffered as a result of any act or omission of action of any of its officers,
employees, or agents and fails to provide such attorney, the city shall reimburse the defendant
who prevails in the action for court cost and reasonable attorney's fees.
(b) Payment of judgments or settlements against certain public officers or employees. When
the city fails to provide insurance coverage for action set forth in subsection (a) and is not
participating in the State Insurance Risk Management Trust Fund it will pay:
(1)
Any final judgment, including damages, costs, and attorney's fees, arising from a
complaint for damages or injury suffered as a result of any act or omission of action of
any officer, employee, or agent in a civil or civil rights lawsuit described in subsection
(a). If the civil action arises under section 768.28, Florida Statutes, as a tort claim, the
limitation and provision of section 768.28 governing payment shall apply. If the action
is a civil rights action arising under 42 U.S.C. 1983, or similar federal statutes,
payments for the full amount of the judgment may be made unless the officer,
employee, or agent has been determined in the final judgment to have caused the harm
intentionally.
(2) Any compromise or settlement of any claim or litigation as described in paragraph (1)
subject to the limitations set forth in that paragraph.
(3) Any reimbursement required under subsection (a) for court costs and reasonable
attorney's fees when the city has failed to provide an attorney and the defendant
prevails.
(Ord. No. 95-88-34, §§ 1, 2, 3-14-88)
Editor's note—Ord. No. 95-88-34, §§ 1, 2, adopted March 14, 1988, did not specifically
amend the Code; therefore, inclusion as § 2-1 was at the discretion of the editor.
Sec. 2-2. Charitable contributions prohibited.
The city shall not contribute city funds to any charitable, nonprofit, or other worthy cause.
However, the city may contribute city funds or other support to artistic, recreational, or
cultural programs, events or projects which benefit the residents of Atlantic Beach, as follows:
(1) Requests for contributions to such programs, events or projects shall be submitted to
the cultural arts and recreational advisory committee.
Supp. No. 35 156
ADMINISTRATION § 2-19
(2) The cultural arts and recreational advisory committee will make recommendations on
any such requests to the city commission, who will then make the final decision on
funding the request.
(3) Any request for contributions which are not artistic, recreational, or cultural in nature
shall be submitted directly to the city commission for consideration.
(Ord. No. 95-91-50, § 1, 10-28-91; Ord. No. 05-02-37, § 1, 7-8-02)
Editor's note—Ord. No. 95-91-50, § 1, adopted Oct. 28, 1991, amended the Code by adding
§ 1-5(b). For purposes of classification, § 1-5(b) has been codified as § 2-2 at the discretion of
the editor.
Secs. 2-3-2-15. Reserved.
ARTICLE II. CITY COMMISSION*
Sec. 2-16. Time and place of regular meetings.
The regular meetings of the city commission shall be held on the second and fourth Mondays
of each month, except December, in city hall, at 6:00 p.m. If the second or fourth Monday falls
on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday.
In the month of December, the regular meeting shall be held on the second Monday of the
month. Additional regular meetings shall be held on the night of every election.
(Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83; Ord. No. 5-08-48, § 1, 2-25-08)
Sec. 2-17. Calling special meetings.
The mayor -commissioner, city manager or a majority of the city commission may call a
special meeting of the city commission on twenty-four (24) hours' notice.
(Code 1970, § 2-2)
Sec. 2-18. Quorum.
Three (3) members of the city commission shall constitute a quorum, but a less number may
adjourn from time to time until a quorum is present.
(Code 1970, § 2-4)
Sec. 2-19. Rules of conduct and procedure at meetings.
The following rules shall govern procedure and conduct of city commission meetings:
(1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call
the members to order at the hour appointed for each meeting and, upon the
appearance of a quorum, proceed to business. He shall have general control of the
chamber and in case of disturbance or disorderly conduct therein, he may cause the
*Charter reference—The commission, § 5 et seq.
State law reference—Code of ethics for public officers and employees, F.S. § 112.311 et
seq.
Supp. No. 35 157
§ 2-19 ATLANTIC BEACH CODE
same to be cleared. The mayor shall preserve decorum and order, may speak to points
of order in preference to other members, and shall decide all questions relating to the
priority of business or of order, without debate, subject to appeal to the city commission
by any member as a matter of course, and on the appeal, it shall require a majority vote
of the members to sustain the appeal.
(2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays
on any question shall be taken upon the request of any one (1) member. The roll call
shall be conducted as follows: The city clerk shall arrange the names of the members
of the city commission in alphabetical order, and each call of the roll shall be restated
in a manner so that upon each call thereof, he will commence with the member's name
that was called second upon the preceding roll call, and thereafter proceed to call the
roll according to alphabetical order; except, that the mayor -commissioner's name shall
be called last.
(3) Rule 3. When a member is called to order, he shall immediately take his seat, and the
presiding officer shall pass upon the point of order.
(4) Rule 4. No member shall speak at any meeting more than twice on the same question,
or more than five (5) minutes at any one time.
(5) Rule 5. No member shall be interrupted by another without the consent of the member
who has the floor, except by rising to a question of order.
(6) Rule 6. No member shall absent himself from the meeting before adjournment for more
than five (5) minutes at a time without leave of the presiding officer.
(7) Rule 7. The order of business shall be as follows:
a. Approval of minutes of preceding meetings;
b. Courtesy of floor to any visitors who desire to bring a matter to the city
commission's attention;
c. Unfinished business of preceding meeting;
d. Consent agenda;
e. Report of committees;
f. Action on resolutions;
g. Action on ordinances;
h. Miscellaneous business;
i. City manager reports;
j. Reports and/or requests from city commissioners and city attorney.
(8) Rule 8. The mayor -commissioner may appoint, from time to time, such special or select
committees as in his discretion he deems desirable, or as may be desired by the city
commission, to expedite the handling of the business and affairs of the city.
Supp. No. 35 158
ADMINISTRATION § 2-19
(9) Rule 9. It shall be the duty of all committees to report on every subject referred to them
at the next regular meeting following the reference; provided, the city commission may
direct a report to be made at an intervening adjourned meeting. If any committee fails
to report on any matter as required, they may be relieved of further consideration of
the matter, and it be otherwise disposed of by the city commission.
(10) Rule 10. Upon every matter referred to a committee, the committee or a majority
thereof shall meet for inquiry or deliberation, and no report of or concerning the matter
shall be made unless a majority of the committee shall have signed the same.
(11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to
which any pending matters have been referred to cause their committee to meet to
consider and dispose of its pending business, and as far as practicable, to give advance
Supp. No. 35 158.1
ADMINISTRATION § 2-315
Sec. 2-313. Transfers of appropriations.
The city manager may at any time transfer any unencumbered appropriation balance, or
portion thereof, between general classifications of expenditures within an office, department or
agency. At the request of the city manager, the city commission by ordinance may at any time
transfer any unencumbered appropriation balance, or portion thereof, from one office,
department or agency to another office, department or agency.
(Laws of Fla., Ch. 57-1126, § 66; Laws of Fla., Ch. 61-1863; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-314. When contracts and expenditures prohibited.
No officer, department or agency shall, during any budget year, expend or contract to expend
any money or incur any liability, or enter into any contract which by its terms involves the
expenditure of money, for any purpose, in excess of the amounts appropriated pursuant to this
Code. Any contract, verbal or written, made in violation of this Code shall be null and void. Any
officer or employee of the city who shall violate this section shall be guilty of a misdemeanor
and, upon conviction thereof, shall cease to hold his office or employment. Nothing in this
section contained, however, shall prevent the making of contracts or the spending of money for
capital improvements to be financed in whole or in part by the issuance of bonds, nor the
making of contracts of lease or for services for a period exceeding the budget year in which the
contract is made, when the contract is permitted by law.
(Laws of Fla., Ch. 57-1126, § 67; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-315. Encumbrances.
(a) An appropriation shall be obligated for expenses properly chargeable against it as soon
as the expense, or the liability therefor, is incurred. The director of finance shall establish an
encumbrance system where appropriate, as required by the National Committee on Govern-
mental Accounting, that will accomplish this obligation and shall prescribe methods of
documentation so that an adequate audit trail is available as to the placing, modification and
satisfaction or release of encumbrances. Once encumbered, appropriated funds shall be
considered obligated and unavailable for expenditures (except to satisfy the encumbrance),
transfer or reappropriation, and obligated balances of appropriations remaining undisbursed
at the close of the fiscal year shall be treated as provided in subsection (b). An encumbrance
may be modified either to increase or decrease the amount of funds encumbered by it, but no
increase in an encumbrance shall be larger than the amount of unobligated funds then
remaining in the appropriation account. An encumbrance may be released, in whole or in part,
to the extent that the funds so released are not needed to pay the expense for which they were
encumbered, and the funds thus released shall become unobligated funds in the appropriation
account, except funds released from an encumbrance which is carried over from a prior fiscal
year, which shall be treated as provided in subsection (b).
(b) The encumbered balance of an appropriation account at the end of the fiscal year shall
be carried over to and become a part of the appropriation account for the ensuing fiscal year,
provided that the encumbrances outstanding at year end represent the estimated amount of
Supp. No. 35 189
§ 2-315 ATLANTIC BEACH CODE
the expenditures ultimately to result if unperformed obligations in process at year end are
completed. The carryover of an encumbered balance shall not release or discharge the
encumbrances, but it shall be subject to the provisions of subsection (a) in the ensuing fiscal
year, provided that funds released from an encumbrance which carried over shall become
unappropriated funds in the beginning fund balance for the ensuing fiscal year. Encumbered
balances carried over to the ensuing fiscal year shall not be reported as expenditures for the
previous fiscal year, but as reservations of fund balance for subsequent fiscal year expendi-
tures.
(Laws of Fla., Ch. 57-1126, § 68; Ord. No. 35-92-7, § 1, 10-12-92; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-316. Fees shall be paid to city government.
All fees received by an officer or employee shall belong to the city government and shall be
paid to the city finance department.
(Laws of Fla., Ch. 57-1126, § 69; Ord. No. 5-99-32, § 1, 12-14-99; Ord. No. 5-03-41, § 1, 4-28-03)
Sec. 2-317. Dishonored checks.
The director of finance shall add a service fee of twenty dollars ($20.00) or five (5) percent
of the face amount of the check, draft or order, whichever is greater, for the collection of a
dishonored check, draft or other order for the payment of any licenses, fees, taxes, utility
charges, commissions or charges of any sort authorized to be made under the laws of the state
and this Code or other ordinances of the city. The service fee shall be in addition to all other
penalties imposed by law.
(Code 1970, § 14-2.1; Ord. No. 5-93-23, § 1, 2-8-93; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-318. Reserved.
Editor's note—Ord. No. 5-99-32, adopted December 14, 1999, repealed § 2-318 of the Code,
which pertained to reserve account for fire department review, and derived from Ord. No.
35-93-8, § 1, adopted February 8, 1993.
Secs. 2-319-2-330. Reserved.
DIVISION 2. PURCHASING
Sec. 2-331. Bids—When required.
All supplies and contractual services, when the estimated cost thereof shall exceed
twenty-five thousand dollars ($25,000.00) shall be purchased by formal, written contract from
the lowest responsible bidder after due notice inviting proposals.
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-92-22, § 1, 4-13-92; Ord. No. 5-99-32, § 1, 12-14-99;
Ord. No. 5-08-49, § 1, 6-9-08)
Supp. No. 35 190
ADMINISTRATION § 2-335
Sec. 2-332. Same—Notices inviting.
Notice of inviting bids shall be published once in at least one (1) newspaper of general
circulation at least five (5) days preceding the last day set for the receipt of proposals. The
notice shall include a brief description of the services or supplies and shall state where bidding
information may be secured and the time and place of opening bids.
(Ord. No. 5-83-12, § 2, 13-84; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-333. Same—Deposits or bonds.
Bid deposits or bid bonds shall be required on all public works construction contracts with
the dollar amount in excess of twenty-five thousand dollars ($25,000.00) except for mainte-
nance contracts. Bid deposits or bid bonds may be required on all other contracts or purchase
orders. When bid bonds or bid deposits are required, the requirement shall be prescribed in the
public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant
to the requirements set forth in the public notice inviting bids. Further a successful bidder may
be required to forfeit any surety or bid deposit required by the city upon failure on the bidders
part to enter a contract within ten (10) days after the award of a contract or as is otherwise
required in the bidding documents.
(Ord. No. 5-85-12, § 2, 2-13-84; Ord. No. 5-86-16, § 1, 5-27-86; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-334. Same—Opening procedure.
Bids shall be submitted sealed to the city manager and shall be identified as bids on the
envelope. Bids shall be opened in public at the time and place stated in the public notice.
Tabulation of all bids received shall be available for public inspection and shall be furnished
to all bidders upon request.
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-335. Same—Award of contract.
(a) Lowest responsible bidder. Contract shall be awarded to the lowest responsible bidder. In
determining the lowest responsible bidder, in addition to price, the city commission shall
consider:
(1) The ability, capacity and skill of the bidder to perform the contract or provide the
service required;
(2) Whether the bidder can perform the contract or provide the service promptly, or within
the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(4) The quality of performance of previous contract or services;
(5) The previous and existing compliance by the bidder with laws and ordinances relating
to the contract or service;
Supp. No. 35 191
§ 2-335 ATLANTIC BEACH CODE
(6) The sufficiency of the financial resources and ability of the bidder to perform the
contract or provide the service;
(7) The quality, availability and adaptability of the supplies or contractual services to the
particular use required;
(8) The ability of the bidder to provide future maintenance and service for the use of the
subject of the contract.
(b) Tie bids. If all bids received are for the same total amount or unit price, quality and
service being equal, then the contract shall be awarded to one of the bidders by drawing lots
in public.
(c) Performance and labor and material payment bonds The city manager shall require a
performance bond and a labor and material payment bond before entering a contract for a
public improvement as required by Florida Statutes.
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-336. Same—Exceptions.
The formal bid procedure as defined in this division is not required in the following cases:
(1) When the city commission, by a vote of the majority of those members present, waives
a formal bid procedure;
(2) When the goods or services to be procured are procurable from only one source, such
as contracts for telephone service, electrical energy and other public utility services;
books, pamphlets, periodicals, specifically designed business and research equipment
and related supplies;
(3) Where the services required are for professional, artistic skills or insurance, pursuant
to a written contract;
(4) In emergencies involving public health, safety or where immediate expenditure is
necessary for repairs to city property in order to protect against further loss of or
damage to the city property to prevent or minimize serious destruction of city services;
(5) Contracts for the maintenance or servicing of equipment which are made with the
manufacturer or authorized service agent of equipment when the maintenance or
servicing can best be performed by the manufacturer or authorized service agent
where such a contract would otherwise be advantageous to the city;
(6) When the goods or services are procured from other governmental agencies or at or
below the cost of their competitively bid contracts;
(7) Purchase and contracts for the use or purchase of data processing equipment or data
processing systems software and reproduction equipment.
Supp. No. 35 192
ADMINISTRATION § 2-338
(8) When the goods or services are procured from government -related state-wide or
national associations.
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-96-28, § 1, 11-11-96; Ord. No. 5-99-32, § 1, 12-14-99;
Ord. No. 5-08-49, § 1, 6-9-08)
Sec. 2-337. Open market procedures.
All purchases of supplies and contractual services of less than the estimated value of
twenty-five thousand dollars ($25,000.00) may be made in the open market without newspaper
advertisement and without observing the procedure prescribed by section 2-331 et seq. for the
award of formal contracts. The city manager shall keep a record of all open market orders and
orders for the purchase of supplies and services in accordance with the Public Records Act of
the state and generally accepted accounting internal control procedures.
(Ord. No. 5-83-12, § 3, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99 Ord. No. 5-08-49, § 1, 6-9-08)
Sec. 2-338. Scope of purchasing authority.
The city manager shall have the authority to:
(1) Award contracts within the purview of this division. Provided, that no purchase order
or contract for an amount in excess of twenty-five thousand dollars ($25,000.00) be
executed without city commission approval unless there is an emergency involving
public health, safety or where immediate expenditure is necessary for repairs to city
property in order to protect against further loss of or damage to the city property to
prevent or minimize serious destruction of city property to prevent or minimize serious
destruction of city services. In that event, the city manager shall report the action
taken and expense incurred to the city commission;
(2) Prepare purchase procedures necessary for the function of purchasing;
(3) Act or procure for the city the highest quality in supplies and contractual services at
least expense to the city;
(4) Discourage uniform bidding and endeavor to obtain as full and open competition as
possible on all purchases and sales;
(5) Establish all rules and regulations authorized by this division and any others
necessary to its operation;
(6) Prescribe and maintain such forms as he shall find reasonably necessary to the
operation of this division;
(7) Prepare and adopt standard purchasing nomenclature for using agencies and suppli-
ers;
(8) Exploit the possibilities of buying in bulk so as to take full advantage of discounts;
(9) Sign on behalf of the city any contract authorized by the city commission, excepting
where the city commission directs that some other officer or officers shall do so.
Supp. No. 35 193
§ 2-338 ATLANTIC BEACH CODE
(10) Approve purchase orders and contracts in excess of twenty-five thousand dollars
($25,000.00) when the services or goods are related to items also exempted to the
formal bid procedures as listed in section 2-336, except for professional, artistic skills
or insurance, which are in excess of twenty-five thousand dollars ($25,000.00).
(Ord. No. 5-83-12, § 4, 2-13-84; Ord. No. 5-99-32, § 1, 12-14-99 Ord. No. 5-08-49, § 1, 6-9-08)
Sec. 2-339. Payments.
Upon receipt of an invoice, confirmed by an approved purchase order and proof that the
materials, supplies or equipment have been received or work completed, the director of finance
shall pay such indebtedness, taking advantage of all discounts allowed.
(Code 1970, § 8-10; Ord. No. 5-99-32, § 1, 12-14-99)
Secs. 2-340-2-355. Reserved.
DIVISION 3. UNIFORM TRAVEL POLICY AND PROCEDURE*
Sec. 2-356. Definitions.
For the purpose of this division, the following words shall have the meanings indicated in
this section:
Authorized individual shall mean a person, other than a public officer or employee, as
defined in this section, whether elected or not, who is authorized by an agency head to incur
travel expenses in the performance of his duties; including but not limited to, consultants or
advisors performing services on behalf of the city and persons who are candidates for executive
or professional positions.
Common carrier shall mean a train, bus, commercial airline operating scheduled flights, or
rental cars of an established rental car firm.
Public employee shall mean an individual other than an officer who is working in a regular
or full-time position for the city and is responsible to the city manager.
Public officer shall mean an individual, either elected or appointed, who in the performance
of his official duties, is vested by law with powers of government.
(Ord. No. 5-83-11, § 1, 1-9-84)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 2-357. Authority to incur travel and business expenses.
If a member of the city commission or the city manager finds it necessary to incur travel and
business expenses, and when the expenses are within the intent of the adopted budget, the
expenditures are authorized. All travel and business expenses by public employees must be
authorized by the city manager.
(1) Traveling expenses shall be limited to those expenses necessarily incurred by the
traveler in the performance of duties related to the functions and responsibilities of the
city.
*State law reference—Per diem and traveling expenses of public officers, employers and
authorized persons, F.S. § 112.061.
Supp. No. 35 194
ADMINISTRATION § 2-360
(2) Traveling expenses of prospective employees for the sole purpose of taking merit
system or other job placement examinations, interviews, etc., may be authorized by the
city commission or city manager.
(3) Business expenses shall apply to those expenditures which are incurred in the
performance of the public purpose to be performed, including meetings with govern-
mental officials, seminars and training programs, pickup and delivery of parts and
equipment, recruitment of personnel or industry, community promotion, and any other
related activities essential to the performance of the public purpose.
(Ord. No. 5-83-11, § 2, 1-9-84)
Sec. 2-358. Funding.
(a) All travel must have prior authorization through the completion of a travel authoriza-
tion form showing the itinerary, the source of funding and whether or not a travel advance is
needed.
(b) Travel advances may be issued to authorized persons or individuals prior to departure
on an authorized trip. The cash amount will be based on a schedule commensurate with the
known expenses as stated in the travel authorization. All travel reservations for a common
carrier must be made by the city manager or his authorized representative, except during
emergencies during off -working hours situations or if the return flight has to be changed or
cannot be scheduled. If common carrier tickets are necessary, issuance of such tickets shall be
made only upon receipt of a travel authorization with proper approval signatures. The
authorized traveler receiving a travel advance must keep a record of all travel expenses and
report the same. If an authorized travel advance is less than the approved actual expenses, the
difference will be paid to the traveler. If the travel advance is greater than the actual or
allowed travel expense, then the difference shall be reimbursed to the city within thirty (30)
days after return of traveler.
(Ord. No. 5-83-11, § 3, 1-9-84)
Sec. 2-359. Expense forms and regulations.
The city manager shall provide forms for travel requests, expenses and reimbursements and
mileage allowances, where applicable, and prescribe such regulations as are reasonably
necessary to effectuate the purpose of this division. The director of finance shall cause requests
for travel expenses and reimbursements to be verified before payment is made.
(Ord. No. 5-83-11, § 4, 1-9-84)
Sec. 2-360. Schedule for meal allowance and accommodations.
For purposes of reimbursements, the allowance for meals will be based upon the following
schedule where each period covered must be of three (3) hours' duration or longer to be valid:
(1) Breakfast allowance will be made when travel begins before 6:00 a.m. and extends
beyond 8:00 a.m.
Supp. No. 35 195
§ 2-360 ATLANTIC BEACH CODE
(2) Lunch allowance will be made when travel begins before 12:00 noon and extends
beyond 2:00 p.m.
(3) Dinner allowance will be made when travel begins before 6:00 p.m. and extends beyond
8:00 p.m., or when travel appears during night-time hours due to special assignment.
(4) Hotel or accommodation allowance will be made when travel extends overnight and
requires lodging not within Duval County.
(5) No expenses in Duval County shall be reimbursed unless approved by the city
manager.
(Ord. No. 5-83-11, § 5, 1-9-84)
Sec. 2-361. Subsistence.
(a) When the period of travel conforms to the schedule of allowances in section 2-360 above,
all authorized travelers may be allowed subsistence when traveling to a convention, confer-
ence, seminar, and activity or on city -related business that serves a direct public purpose.
(b) Subsistence will be consistent with the Internal Revenue Service daily rates.
Actual meal charges may be reimbursed if accompanied by a receipt and justification for
incurring the additional cost. Hotel or accommodation charges must be single occupancy rate
and substantiated by receipt.
(c) Tips and gratuities are included in the basic travel allowance for meals. When actual
meal charges are reimbursed, fifteen (15) percent may be added to the meal charges provided
the cost is stated on the receipt.
(Ord. No. 5-83-11, § 6, 1-9-84; Ord. No. 5-01-34, § 1, 5-28-01)
Sec. 2-362. Transportation.
(a) All travel must be in a convenient and mainly traveled route. If a person travels by an
indirect route for his convenience, any extra cost shall be borne by the traveler. Reimburse-
ment for expenses shall be made accordingly.
(b) If a privately -owned vehicle is used for travel, the vehicle owner shall be entitled to a
mileage rate as established by the city commission from time to time.
(c) Transportation by a common carrier which has not been prepaid and for which the
authorized traveler seeks reimbursement must be substantiated by an official receipt from the
common carrier.
(d) Transportation by charter vehicles may be authorized when it is determined to be the
most economical method of travel, when considering the nature of the business, the number of
people making the trip, and the most efficient and economical means of travel (considering the
time of the traveler, cost of transportation and subsistence required).
(Ord. No. 5-83-11, § 7, 1-9-84)
Supp. No. 35 196
ADMINISTRATION § 2-366
Sec. 2-363. Authorized travel.
(a) Travelers shall not be allowed either mileage or transportation expenses when they are
transported gratuitously by another person or when they are transported by another
authorized traveler who is entitled to mileage or transportation expense.
(b) Reimbursement for expenditures related to the operation, maintenance, depreciation
and ownership of a vehicle shall not be allowed when a privately -owned vehicle is used on
public business and mileage allowance is paid.
(c) The city manager may permit an authorized traveler to regularly, on a monthly basis,
use a privately owned vehicle on city business. In these instances, the traveler must submit a
monthly log of the actual miles traveled and a monthly request for reimbursement. Travel
occurring outside county or travel in conjunction with the authorized traveler receiving
reimbursement for meals and lodging expense or for travel to and from home shall not be
included in the log.
(Ord. No. 5-83-11, § 8, 1-9-84)
Sec. 2-364. Reimbursable incidental expenses.
An authorized traveler may be reimbursed for incidental travel expenses incurred during
the course of travel. These incidental travel expenses include but are not limited to the
following:
(1) Taxi, ferry and airport limousine fares;
(2) Bridge, road and tunnel tolls;
(3) Storage and parking fees;
(4) Telephone and telegraph charges relating to city business;
(5) Registration, convention or tuition fees not prepaid by the city.
(Ord. No. 5-83-11, § 9, 1-9-84)
Sec. 2-365. Auditing.
A travel expense report or voucher as developed by the city manager shall be submitted to
the director of finance within thirty (30) days after the travel expense. Each approved travel
expense report will be audited by the director of finance when received.
(Ord. No. 5-83-11, § 10, 1-9-84)
Sec. 2-366. Fraudulent claims.
Claims submitted pursuant to this division shall be signed by the authorized traveler and
shall be verified by a written declaration that it is true and correct as to every material matter.
Any individual who makes or aides in the making of a false or fraudulent claim shall be guilty
of a violation against the city and upon conviction thereof shall be punished as provided by
section 1-11 or in the city's personnel rules and regulations. In addition, any person who
Supp. No. 35 197
§ 2-366 ATLANTIC BEACH CODE
received a travel allowance, advance or reimbursement by means of a false claim shall be
civilly liable for the repayment of the amount into the public fund from which the claim was
paid.
(Ord. No. 5-83-11, § 11, 1-9-84)
DIVISION 4. SERVICE AND USER CHARGES
Sec. 2-367. Authorization.
The City of Atlantic Beach hereby authorizes the establishment of service charges and user
fees for services provided by the city not otherwise paid for by ad valorem taxes and as set and
approved from time to time by the city commission.
(Ord. No. 5-85-15, § 1, 1-13-86)
Sec. 2-368. Fees and charges.
In accordance with the provisions of section 2-367 herein, the following fees and charges are
approved:
Accident and other public reports issued by the Atlantic Beach police depart-
ment or fire department (each copy) $ 3.00
City clerk lien letter 10.00
Copy machine, per imprint up to size 81/2x14 (first two copies free to senior
citizens)10
Copy machine, per imprint larger than 81/2x1425
Backhoe (including travel time), minimum two hours portal to portal, per hour 50.00
Labor, all departments, actual cost plus 30 percent for fringes
Mud hog, per hour 15.00
Trucks, each (including travel time), per hour 20.00
All tractors (including travel time), per hour 35.00
Bush hog, per hour 15.00
Materials, cost plus 10 percent for handling
Bore machine, per connection 60.00
Duplicate audio tape 15.00
Occupational license listing 10.00
(Ord. No. 5-85-15, § 1, 1-13-86; Ord. No. 5-86-18, § 1, 1-12-87; Ord. No. 5-87-19, § 1, 9-28-87;
Ord. No. 5-93-23, § 2, 2-8-93; Ord. No. 5-93-24, § 1, 10-25-93; Ord. No. 5-02-38, § 1, 9-23-02)
Secs. 2-369-2-399. Reserved.
Supp. No. 35 198
ADMINISTRATION
ARTICLE VIII. EMERGENCY MANAGEMENT
DIVISION 1. GENERALLY
§ 2-403
Sec. 2-400. Overcharging prohibited.
In order to preserve, protect or sustain the life, health or safety of persons, or their property,
within any declared disaster area or area where a state of emergency exists, it is unlawful,
during the duration of the state of emergency or subsequent recovery period in which the city
has been designated as a disaster area, for any person, firm or corporation located or doing
business in the city, to overcharge for any goods, materials, services, motel rooms, temporary
lodging or houses, sold or rented, within the city. Overcharging shall mean to charge more than
the normal average retail price for any merchandise, goods, or services sold during the
emergency. The average retail price, as used herein, is defined to be that price at which similar
merchandise, goods, or services was being sold in the county during the ninety (90) days
immediately preceding the emergency or mark-up which is a larger percentage over wholesale
cost, than was being added to wholesale cost prior to the emergency.
(Ord. No. 05-08-50, § 1, 5-27-08)
DIVISION 2. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
Sec. 2-401. Legislative administrative intent and findings/adoption of comprehen-
sive emergency management plan.
(a) The city commission finds and declares that in order to protect and safeguard the safety,
health and welfare of the citizens of the city, the emergency regulations contained in this
division are necessary from time to time.
(b) It is the intent of the city commission to designate certain city officials to declare local
states of local emergency in the event of natural or manmade disasters or emergencies, or the
imminent threat thereof, and to authorize certain necessary actions relating thereto when a
quorum of the city commission is unable to meet.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-402. Definition of emergency.
The term "emergency" means any occurrence, event, disaster or threat thereof, whether
accidental, natural, or caused by man, in war or peace, which results or may result in
substantial injury or harm to the population of the city or substantial damage to or loss of
property within the city.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-403. Authority to declare states of local emergency.
Pursuant to F.S. Ch. 252, which authorizes the waiver of procedures and formalities
otherwise required of political subdivisions to take whatever prudent action is necessary to
Supp. No. 35 199
§ 2-403 ATLANTIC BEACH CODE
ensure the health, safety and welfare of the community in the event of a state of local
emergency, when a quorum of the city commission is unable to meet, the mayor and city
manager (and/or the mayor pro tem and acting city manager) are empowered to declare local
states of local emergency whenever determined that a natural or manmade disaster or
emergency has occurred or that the occurrence or threat of one is imminent and requires
immediate and expeditious action. To the extent permitted by the provisions of state law, the
mayor and city manager shall, as necessary, convene meetings of the city commission with
members of the city commission attending, as appropriate, by telephone or other electronic
means. The mayor and city manager may rely upon actions of the city commission for guidance
and direction notwithstanding the absence of a legal quorum; provided, however, that the
mayor and city manager's taking of necessary emergency actions shall not be conditioned upon
the actual receipt of any such guidance or direction in dealing with emergency situations.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-404. Proclamation; term.
A state of local emergency shall be declared by proclamation of the mayor or the mayor pro
tem and city manager. The state of local emergency shall continue for a maximum period of
seven (7) days, but may be re -instituted for additional periods not to exceed seven (7) days,
until the mayor and city manager or the city commission finds that the threat of danger no
longer exists and terminates the state of local emergency by proclamation.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-405. Emergency management plans; proclamation to activate.
(a) The city commission recognizes that the city manager shall develop from time to time,
in conjunction with the police chief and city attorney, emergency management plans which
shall provide for the maintenance of public safety, public services and good order within the
city during the time of emergency and the resulting impacts from such emergencies.
(b) A proclamation issued by the city manager and the mayor, or mayor pro tem, as set forth
herein declaring a state of local emergency, shall activate the emergency management plans
applicable to the city and shall be the authority for use or distribution of any supplies,
equipment, materials or facilities assembled or arranged to be made available pursuant to
such plans. Said proclamation shall also institute coordination activities with the State of
Florida, Duval County, Neptune Beach and Jacksonville Beach in accordance with the
provisions of state law and the statewide mutual aid system and/or interlocal agreements.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-406. Effect and purpose of state of local emergency.
(a) Upon the declaration of a state of local emergency pursuant to this division, the state of
local emergency shall be effective during the period of such local emergency for the duration
of the period of time established in the applicable proclamation or as otherwise provided by
state law, to protect the health, safety and welfare of the citizens of Atlantic Beach and those
other persons residing in, traveling in or conducting business in the city.
Supp. No. 35 200
ADMINISTRATION § 2-406
(b) The city manager and the mayor (or the mayor pro tem), are hereby vested and
delegated with the power and authority to take all actions necessary to address the emergency
situations that may arise as a result of local emergencies.
(c) Without limiting the generality of the provisions of subsection 2-406(b), the city
manager and mayor (or mayor pro tem) are hereby vested and delegated with the power to
accomplish the following actions:
(1) To waive and dispense with any and all purchasing or procurement policies and
practices of the city in order to address and respond to emergency conditions and
associated impacts and in order that the city will be in a position to respond to the
day-to-day exigencies that may arise and procure necessary goods and services to
protect the public health, safety and welfare.
(2) To implement emergency personnel policies, including employment of permanent and
temporary workers as well as utilization of volunteer workers.
(3) To authorize the removal of derelict vessels and abandoned vehicles pursuant to
current statutes of the State of Florida and in conjunction with other law enforcement
agencies of the city, county and state.
(4) To issue permits to allow the reconstruction and repair of nonconforming structures
that have been damaged.
(5) To issue permits and construction permits without assessing customary fees and
charges for activities that pertain to the restoration and rehabilitation of any and all
structures damaged.
(6) To suspend the watering or irrigation of properties in the event that the city's water
supplies or water supply system or facilities is or are threatened with harm or an
inability to function at a level that is consistent with the protection of the public
health, safety and welfare.
(7) To permit tree removal, notwithstanding the requirements of any code or ordinance, in
order to protect the public safety and prevent property damage from occuring. To also
permit and assist in the removal of any widespread debris which is determined to be
a threat to public health, safety and welfare, from all property in the city, whether on
public or private property, public or private roads and easements, and including lands
and roads located within any private, gated communities.
(8) To suspend or limit the sale, dispensing or transportation of alcoholic beverages,
firearms, explosives and combustibles. To prohibit the carrying or possession of any
firearm or weapon, as defined by state law, upon the property of another, including
public property. Any such possession shall be deemed prima facie evidence of an intent
to violate the provisions of this article.
(9) To prohibit the kindling, setting or maintaining of any outdoor fire or the discharge of
any fireworks.
Supp. No. 35 201
§ 2-406 ATLANTIC BEACH CODE
(10) To establish curfews including, but not limited to, the prohibition of or restrictions on
pedestrian and vehicular movement, standing and parking, except for the provision of
designated essential services, such as fire, police, emergency medical services and
hospital services to include, but not limited to, the transportation of patients, utility
emergency repairs and emergency calls by physicians. If the Jacksonville Sheriffs
Office or the city police chief, as the case may be, advises the city manager that a
curfew may be in the public interest and protect the public health, safety and welfare,
the city manager may issue a proclamation that a curfew be in effect. The city
manager, as soon as practicable, shall request the mayor, or mayor pro tem, in the
absence of the mayor, to issue a proclamation affirming the determination of the city
manager.
(11) To utilize all available resources of the city government as reasonably necessary to
cope with the emergency.
(12) To declare certain areas within the city off limits.
(13) To make provisions for the availability and use of temporary emergency housing and
the emergency warehousing of materials.
(14) To establish emergency operating centers and shelters in addition to or in place of
those provided in Duval County's or the city's emergency management plans.
(15) To prohibit the use of fresh water supplied by the city for any purpose other than
cooking, drinking or bathing.
(16) To call on the National Guard of the Army, public safety officials and law enforcement
officials as necessary to assist in the mitigation of the local emergency or to help
maintain law and order, recc2 e and traffic co_n_trol.
(17) To require all contractors, whether local or from out of town, to obtain a city permit
before conducting business such as roofing, tree cutting and removal, construction/
rehabilitation/renovation, and the like. The city shall require proof of licensing and
insurance from all such contractors, and may require the posting of a bond in certain
circumstances if the necessary licensing or proof of insurance cannot be provided. The
city shall take all appropriate measures allowed and shall use its police powers to their
fullest in order to protect the citizens and residents of Atlantic Beach from being taken
advantage of by unscrupulous persons and companies that might attempt to take
advantage of disaster victims.
(Ord. No. 05-08-50, § 1, 5-27-08)
Sec. 2-407. Limit of authority.
Nothing in this division shall not be construed to limit the authority of the mayor or the city
commission to declare or terminate a state of local emergency and take any action authorized
by law relative to emergency preparedness, disaster relief or any similar subject or matter.
(Ord. No. 05-08-50, § 1, 5-27-08)
Supp. No. 35 202
ADMINISTRATION § 2-409
Sec. 2-408. Administrative rules.
The city manager is hereby authorized to adopt administrative rules that are deemed
necessary and appropriate to implement the provisions of this division.
Sec. 2-409. Violation; penalties.
Any person or persons convicted of violating any of the provisions of this division including,
but not limited to, any proclamation or rule adopted under the provisions of this division, shall
be punished by a fine of not more than five hundred dollars ($500.00), plus costs of prosecution,
or by imprisonment for not more than sixty (60) days, or by both such fine, costs and
imprisonment in the discretion of the court.
The provisions of this division may be enforced by any and all lawful means by the city
pursuant of all codes and ordinances duly adopted by the city commission or as may otherwise
be available to the city pursuant to state law and nothing contained in this division shall
prohibit the city from enforcing this division by other means set forth in the city's codes and
ordinances, provided in the statutory law of the State of Florida, or otherwise available to the
city.
(Ord. No. 05-08-50, § 1, 5-27-08)
[The next page is 245]
Supp. No. 35 203
ALCOHOLIC BEVERAGES § 3-8
Sec. 3-5. Premises where sales for on -premises consumption are permitted.
The sale of any alcoholic beverages for on -premise consumption, including beer, wine and
liquor shall be properly licensed by the City of Atlantic Beach, and shall be limited only to
restaurants, cafes, bars and private clubs within commercial general and commercial limited
zoning districts or the central business district in compliance with chapter 24 of the city code
and subject to approval of a use -by -exception in accordance with section 24-63.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
State law reference—Authority to regulate location of alcoholic beverage establishments,
F.S. § 562.45(2).
Sec. 3-6. Existing establishments and alcoholic beverage licenses previously issued.
(a) Businesses, where a current valid alcoholic beverage license and a current valid
occupational license exist as of the effective date of this amended ordinance, may continue to
operate in accordance with this chapter, and the right to renew such licenses shall not be
changed by provisions of this chapter, provided that such business is in compliance with other
applicable provisions of the city code.
(b) A current valid alcoholic beverage license may be transferred to a new location within
the city provided that such new location is in compliance with chapter 24 of the City Code. The
number of times the license may be transferred shall not be limited as long as each new
location meets the requirements of this chapter and other applicable provisions of the city
code.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-7. Lighting requirements on premises.
Business licensed to sell alcoholic beverages within the city, shall maintain sufficient
lighting for the safety of patrons and employees during all times that the business is open or
occupied by employees.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Sec. 3-8. Consumption on licensee's premises.
It shall be unlawful for any person(s) to consume alcoholic beverages on any licensed
premises except:
(1) Inside of the building that is the licensed premises; or
(2) Within a recreation area contiguous to the building that is owned or leased, and
maintained and controlled by the licensee and used exclusively for recreational
purposes including but not limited to golf facilities, tennis facilities, swimming
facilities, or other recreational purposes; or
(3) Within an outdoor seating or dining area contiguous to the building that is owned or
leased, and maintained and controlled by the licensee.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04)
Supp. No. 35 247
§ 3-9 ATLANTIC BEACH CODE
Sec. 3-9. Consumption and possession of open container upoir public property.
(a) Except in accordance with following subsection (b), it shall be unlawful for any person(s)
to consume alcoholic beverages upon public properties within the city, or for any person(s) to
be in possession of any open container of an alcoholic beverage upon public properties within
the city. Such public property shall include, but not be limited to, streets, sidewalks, highways,
parks, waterways and the ocean or beach.
(b) The city manager may, for special events, grant a special event permit to allow the
consumption of beer and wine and the possession of open containers of beer and wine upon
public properties within the city, subject to the following conditions.
(1) No beer or wine shall be consumed out-of-doors in any public park areas, except that
up to four (4) festivals in any one (1) calendar year may be approved. However,
consumption out-of-doors shall be allowed for special, permitted events at the Adele
Grage Center, provided such out-of-doors consumption is limited and restricted to the
decks, porches and verandas of the Adele Grage Center on the south, west and north
sides of the building that are covered and under the roof of the building.
(2) All public consumption of beer and wine upon any city property, as may be permitted
by this section, shall end no later than 11:00 p.m.
(3) The applicant for a special event permit shall sign a written agreement committing to
comply with any reasonable conditions- as deemed necessary by the city manager to
protect the best intests of the city and its residents, and shall as a condition of the
special event permit, agree to hold the city harmless and assume all liability for any
damage to public property or any incident occurring as a direct or indirect result of the
special event.
(Ord. No. 10-04-22, § 2 (Exh. A), 5-10-04; Ord. No. 10-08-23, § 1, 1-28-08)
Supp. No. 35 248
[The next page is 2991
Art. I.
Art. II.
Chapter 4
ANIMALS*
In General, §§ 4-1-4-20
Dogs and Cats, §§ 4-21-4-30
ARTICLE I. IN GENERAL
Sec. 4-1. Animal control enforcement.
The provisions of this chapter shall be enforced by the animal control officer(s), police
officer(s), and code enforcement officer(s) of the city.
(Ord. No. 95-96-66, § 1, 5-28-96)
Editor's note—Section 1 of Ord. No. 95-96-66, adopted May 28, 1996, amended § 4-1 to
read as herein set out. Prior to such amendment, § 4-1 pertained to the appointment of the
animal control officer and derived from § 4-6(a) of the 1970 Code.
Sec. 4-2. Interfering with officers.
No person shall interfere with, resist, or hinder any animal control officer, police officer, or
code enforcement officer in the perfai.mance of any duty required by the provisions of this
chapter.
(Code 1970, § 4-6(b); Ord. No. 95-96-66, § 1, 5-28-96)
Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of;
removal of animals.
No person shall break open or assist in the breaking open of any of the fences, gates,
fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized
person shall remove or let loose any animal from the shelter or impounding vehicles.
(Code 1970, § 4-6(c))
Sec. 4-4. City designated bird sanctuary; shooting, molesting, etc., of birds prohib-
ited; exception.
(a) The entire area embraced within the city is hereby designated as a bird sanctuary.
(b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any
bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar
birds are found to be congregating in such numbers in a particular locality that they constitute
a nuisance or a menace to health or property, in the opinion of the proper health authorities
of the city, then the health authorities shall meet with representatives of the Audubon Society,
*Cross references—Riding of animals in beach safety zone, § 5-17; occupational license
tax on kennels, § 20-59.
State law reference—Game and freshwater fish, F.S. Ch. 372.
Supp. No. 35 299
§ 4-4 ATLANTIC BEACH CODE
bird club, garden club or humane society, or as many of the clubs as are found to exist in the
city, after having given at least three (3) days' actual notice of the time and place of the meeting
to the representatives of the clubs.
(c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance,
then the birds may be destroyed in such number and in such manner as is deemed advisable
by the health authorities under the supervision of the chief of police of the city.
(Code 1970, § 4-1)
Sec. 4-5. Cruelty to animals.
(a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of
necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any
animal or cause or permit either of such offenses to be committed.
(b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or
injure any animal which is the property of another or willfully and maliciously administer
poison to any animal or expose any poisonous substance with intent that the same shall be
taken and swallowed by any animal which is the property of another.
(c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any
animal within the limits of the city.
(d) It shall be unlawful to carry any animal in or upon any vehicle in an inhumane way so
as not to provide for protection, safety and comfort of the animal.
(1) It shall be unlawful to carry an animal in the back of an open vehicle without being
Safely tethered to avoid injury and without protecting the animal from extreme
weather conditions.
(2) It shall be unlawful to leave an animal unattended in a vehicle in a way that endangers
the well-being of the animal due to heat, cold, lack of adequate ventilation, or lack of
food or water, or other circumstances that could reasonably be expected to cause
suffering or death.
(e) Any act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is
caused, permitted or allowed to continue to an animal when there is reasonable remedy or
relief shall be considered cruelty, and is lawful under this section.
(Code 1970, § 4-7(a); Ord. No. 95-08-95, § 2, 3-27-08)
State law reference—Cruelty to animals, F.S. Ch. 828.
Sec. 4-6. Reserved.
Editor's note—Section 3 of Ord. No. 95-96-66, adopted May 28, 1996, repealed § 4-6 in its
entirety. Formerly, § 4-6 pertained to nuisance animals and derived from § 4-7(d) of the 1970
Code; Ord. No. 95-88-33, § 1, adopted April 25, 1988; and Ord. No. 95-91-49, § 1, adopted June
10, 1991.
Supp. No. 35 300
ANIMALS § 4-7
Sec. 4-7. Keeping or maintaining certain animals in the city.
(a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle,
chickens, poultry, or goats in the city, except for in special events, as approved by the city
manager.
(b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises
located within the limits of the city, with the sole exception of a bona fide, purebred miniature
Vietnamese potbellied pig which is kept for the sole purpose of providing human companion-
ship and which is in compliance with all other applicable provisions of this Code. Miniature
Vietnamese potbellied pigs may be kept as household pets under the following conditions:
(1) Ownership of a pig or other swine animal as a household pet is prohibited, except if
such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is
no younger than six (6) weeks of age, weighs no more than one hundred twenty-five
(125) pounds, measures no more than twenty-two (22) inches in height to be measured
to the top of a front shoulder, is spayed or neutered, is registered with a purebred
registry which is recognized as bona fide by the animal control officer and is kept as a
household pet for the sole purpose of providing human companionship. Ownership of
such an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the
provisions of this part.
(2) No household shall own or keep more than one (1) pet potbellied pig.
(3) Every pet potbellied pig shall be maintained primarily within the residence of its
owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may be
exercised from time to time within a securely fenced enclosure on the owner's
residential property or while under the secure physical control of the owner, or other
custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which is
hereby made applicable to this part, no pet potbellied pig shall run at large.
(4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance
appropriate for its species and particular nature. Depriving a pet potbellied pig of
healthful sustenance for any purpose, to include the purpose of stunting its growth of
having it conform to the weight or height provisions in subsection (1) above, shall not
constitute an exception to this provision. Violation of this provision shall constitute an
offense punishable by a fine of five hundred dollars ($500.00).
(5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees
and time frames, and which are not superseded by specific provisions of this part, are
hereby declared to pertain to pet potbellied pigs, as defined and regulated under this
chapter, with the following provisions:
a. There shall be no required annual inoculation against rabies for such pigs, but
written certification by a licensed veterinarian shall be submitted as part of every
application for annual license for a pet potbellied pig as proof that such pig has,
Supp. No. 35 301
§ 4-7 ATLANTIC BEACH CODE
within thirty (30) full business days before such application, been inoculated
against and/or been blood -tested, with negative results, for pseudorabies and for
brucellosis;
b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4,
but shall be subject to the provisions of Chapter 10D-3, Florida Administrative
Code;
c. Every application for annual license for a pet potbellied pig shall be accompanied
by written certification from a licensed veterinarian that such pig is spayed or
neutered and was, within thirty (30) days before such application is made, in
compliance with this section's age, weight and height provisions;
d. Every application for annual license for a pet potbellied pig shall be accompanied
by a sworn affadavit signed by the applicant to the effect that such pig is and shall
be, for as long as it is owned by such applicant and regulated under this part, the
sole pet potbellied pig owned or kept in such applicant's household;
e. Before application for annual license for a pet potbellied pig is made, the owner
of such pig shall allow the animal control officer a reasonable and timely
opportunity to examine such pig and its bona fides as a registered potbellied pig
pursuant to subsection (1) above for the purpose of ascertaining that such pig is
a true miniature Vietnamese potbellied pig; and
f. The animal control officer shall have the authority to refuse application for
annual license for any pig which it deems not to be identifiable as a true
miniature Vietnamese potbellied pig.
(6) No potbellied pig regulated by the provisions of this part shall be maintained or used
as a souice of food. No owner or animal shelter shall dispose of a pet potbellied pig by
use, sale, trade or gift of such pig as a food source or as a research animal, but shall
dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by
surrender to the animal control officer or to the Jacksonville Humane Society, or by
humane euthanasia to be administered by the animal control officer, the Jacksonville
Humane Society, or a licensed veterinarian. Failure to comply with any provision of
this section shall constitute an offense punishable by a fine of five hundred dollars
($500.00).
(7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty
to or humane treatment of animals and which are not superseded by any specific
provision of this part shall apply to the ownership of pet potbellied pigs as regulated
under this part.
(Code 1970, § 4-7(e), (f); Ord. No. 95-88-33, § 1, 4-25-88; Ord. No. 95-93-57, § 1, 6-28-93; Ord.
No. 95-96-66, § 1, 5-28-96)
Sec. 4-8. Legislative findings.
(Sections 4-8 through 4-10 consistent with F.S. 767.10-767.16.)
Supp. No. 35 302
ANIMALS § 4-10
The legislature finds that dangerous dogs are an increasingly serious and widespread threat
to the safety and welfare of the people of this state because of unprovoked attacks which cause
injury to persons and domestic animals; that such attacks are in part attributable to the
failure of owners to confine and properly train and control their dogs; that existing laws
inadequately address this growing problem; and that it is appropriate and necessary to impose
uniform requirements for the owners of dangerous dogs.
(Ord. No. 95-99-70, § 1, 6-28-99)
Editor's note—Section 3 of Ord. No. 95-96-66, adopted May 28, 1996, repealed § 4-8 in its
entirety. Formerly, § 4-8 pertained to the removal and disposal of dead animals and derived
from § 4-7(h) of the 1970 Code. Ord. No. 95-99-70, § 1, adopted June 28, 1999, added new
provisions as § 4-8 to read as herein set out.
Sec. 4-9. Injuries caused by animals.
If an animal is off of the property of its owner or of the property of the person who has
custody of the animal and the animal attacks and injures any person or other animal, the
owner or person in custody of the animal shall be guilty of a violation of this article.
(Ord. No. 95-96-66, § 2, 5-28-96)
Sec. 4-10. Dangerous dogs.
(1) "Dangerous dog" means any dog that according to the records of the appropriate
authority:
(a) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a
human being on public or private property;
(b) Has severely injured or killed a domestic animal while off the owner's property;
(c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained
for dog fighting; or
(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or
any public grounds in a menacing fashion or apparent attitude of attack, provided that
such actions are attested to in a sworn statement by one (1) or more persons and
dutifully investigated by the appropriate authority.
(2) "Unprovoked" means that the victim who has been conducting himself or herself
peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
(3) "Severe injury" means any physical injury that results in broken bones, multiple bites,
or disfiguring lacerations requiring sutures or reconstructive surgery.
(4) "Proper enclosure of a dangerous dog" means that the dog is securely and humanely
confined on the owner's property within a house, building, locked pen or other enclosure that
is designed to prevent the dangerous dog from escaping over, under or through the enclosure
(the "primary" enclosure). If the dog is maintained outside, then a portion of the owner's
property must be fenced with a secured perimeter fence of sufficient height and strength to
prevent entry by the public and to prevent the dog's escape from the owner's property if the dog
Supp. No. 35 303
§ 4-10 ATLANTIC BEACH CODE
escapes from the primary enclosure. Within the perimeter fence, the dog must be humanely
confined inside a primary enclosure consisting of a locked pen, kennel or other structure of
adequate size that provides protection from the elements. The primary enclosure must have
secure sides that are securely set into the ground or into a concrete pad, and it must have a
secure top attached to all sides. The primary enclosure must be locked at all times when the
dog is unattended by either the owner or a competent custodian eighteen (18) years of age or
older. It is not considered a proper enclosure to simply chain, tether or otherwise tie a dog to
an inanimate object, such as a tree or post, inside a perimeter fence.
(5) "Animal control authority" means an entity acting alone or in concert with other local
governmental units and authorized by them to enforce the animal control laws of the city,
county or state. In those areas not served by an animal control authority, the sheriff shall carry
out the duties of the animal control authority under this act.
(6) "Animal control officer" means any individual employed, contracted with, or appointed
by the animal control authority for the purpose of aiding in the enforcement of this act or any
other law or ordinance relating to the licensure of animals, control of animals, or seizure and
impoundment of animals and includes any state or local law enforcement officer or other
employee whose duties in whole or in part include assignments that involve the seizure and
impoundment of any animal.
(7) "Owner" means any person, firm, corporation or organization possessing, harboring,
keeping or having control or custody of an animal or, if the animal is owned by a person under
the age of eighteen (18), that person's parent or guardian.
(8) It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run
at large or without the enclosure of the owner or keeper thereof within the corporate limits of
the city without being properly muzzled. Any dog known to have bitten any person is hereby
defined as a "vicious dog" but the term "vicious dog" shall not be limited to only those dogs who
are known to have bitten any person.
(Ord. No. 95-98-69, § 1, 10-26-98; Ord. No. 95-99-70, § 1, 6-28-99; Ord. No. 95-08-95, § 1,
3-27-08)
Sec. 4-11. Classification of dogs as dangerous; certification of registration; notice
and hearing requirements; confinement of animal; exemption; appeals;
unlawful acts.
(1) (a) An animal control authority shall investigate reported incidents involving any dog
that may be dangerous and shall, if possible, interview the owner and require a sworn
affidavit from any person, including any animal control officer or enforcement officer,
desiring to have a dog classified as dangerous. Any animal that is the subject of a
dangerous dog investigation, that is not impounded with the animal control authority
shall be humanely and safely confined by the owner in a securely fenced or enclosed
area pending the outcome of the investigation and resolution of any hearings related
to the dangerous dog classification. The address of where the animal resides shall be
provided to the animal control authority. No dog that is the subject of a dangerous dog
Supp. No. 35 304
ANIMALS § 4-11
investigation may be relocated or ownership transferred pending the outcome of an
investigation or any hearings related to the determination of a dangerous dog
classification. In the event that a dog is to be destroyed, the dog shall not be relocated
or ownership transferred.
(b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by
a person who, at the time, was unlawfully on the property or, while lawfully on the
property, was tormenting, abusing, or assaulting the dog or its owner or a family
member. No dog may be declared dangerous if the dog was protecting or defending a
human being within the immediate vicinity of the dog from an unjustified attack or
assault.
(c) After the investigation, the animal control authority shall make an initial determina-
tion as to whether there is sufficient cause to classify the dog as dangerous and shall
afford the owner an opportunity for a hearing prior to making a final determination.
The animal control authority shall provide written notification of the sufficient cause
finding, to the owner, by registered mail, certified hand delivery, or service in
conformance with the provisions of Chapter 48 relating to service of process. The
owner may file a written request for a hearing within seven (7) calendar days from the
date of receipt of the notification of the sufficient cause finding and, if requested, the
hearing shall be held as soon as possible, but not more than twenty-one (21) calendar
days and no sooner than five (5) days after receipt of the request from the owner. Each
applicable local governing authority shall establish hearing procedures that conform to
this paragraph.
(d) Once a dog is classified as a dangerous dog, the animal control authority shall provide
written notification to the owner by registered mail, certified hand delivery or service,
and the owner may file a written request for a hearing in the county court to appeal the
classification within ten (10) business days after receipt of a written determination of
dangerous dog classification and must confine the dog in a securely fenced or enclosed
area pending a resolution of the appeal. Each applicable local governing authority
must establish appeal procedures that conform to this paragraph.
(2) Within fourteen (14) days after the dog has been classified as dangerous by the animal
control authority or a dangerous dog classification is upheld by the county court on appeal, the
owner of the dog must obtain a certificate of registration for the dog from the animal control
authority serving the area in which he or she resides, and the certificate shall be renewed
annually. The annual cost for such certificate of registration shall be one hundred dollars
($100.00). Animal control authorities are authorized to issue such certificates of registration,
and renewals thereof, only to persons who are at least eighteen (18) years of age and who
present to the animal control authority sufficient evidence of:
(a) A current certificate of rabies vaccination for the dog.
(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults
of the presence of a dangerous dog on the property.
Supp. No. 35 305
§ 4-11 ATLANTIC BEACH CODE
(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic
implantation.
(d) Liability insurance in the amount of at least three hundred thousand dollars
($300,000.00), or a surety bond on said dog of at least three hundred thousand dollars
($300,000.00), which bond shall obligate the owners of any such dog to pay to the City
of Atlantic Beach and to any person injured by such dog any damages and expenses
incurred as a result of the conduct of such dog or its owners.
In the event the owner elects to submit proof of the required liability insurance rather
than a surety bond, then in that event the owner must also submit proof that the owner
has notified its liability insurance company, in writing, that the owner's dog has been
classified as dangerous, together with written proof from the insurance company that
it has been so notified and that there are no exceptions or exclusions in the insurance
policy for dog bites or dangerous dogs.
The appropriate governmental unit may impose an annual fee for the issuance of
certificates of registration required by this section.
(3) The owner shall immediately notify the appropriate animal control authority when a
dog that has been classified as dangerous:
(a) Is loose or unconfined.
(b) Has bitten a human being or attacked another animal.
(c) Is sold, given away, or dies.
(d) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to the animal control authority. The new
owner must comply with all of the requirements of this act and implementing local ordinances,
even if the animal is moved from one local jurisdiction to another within the state. The animal
control officer must be notified by the owner of a dog classified as dangerous that the dog is in
his or her jurisdiction.
(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under
control of a competent person. The muzzle must be made in a manner that will not cause injury
to the dog or interfere with its vision or respiration but will prevent it from biting any person
or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not
have a top, without a muzzle or leash, if the dog remains within his or her sight and only
members of the immediate household or persons eighteen (18) years of age or older are allowed
in the enclosure when the dog is present. When being transported, such dogs must be safely
and securely restrained within a vehicle.
(5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt
or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience
trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt
Supp. No. 35 306
ANIMALS § 4-12
from the provisions of this act when engaged in any legal procedures. However, such dogs at
all other times in all other respects shall be subject to this and local laws. Dogs that have been
classified as dangerous shall not be used for hunting purposes.
(6) This section does not apply to dogs used by law enforcement officials for law enforce-
ment work.
(Ord. No. 95-99-70, § 1, 6-28-99; Ord. No. 95-03-85, §§ 1, 2, 10-13-03; Ord. No. 95-06-90, § 1,
4-10-06; Ord. No. 95-08-95, § 3, 3-27-08)
Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction.
(1) If a dog that has previously been declared dangerous attacks or bites a person or a
domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree,
punishable as provided in F.S. § 775.082 or 775.083. In addition, the dangerous dog shall be
immediately confiscated by an animal control authority, placed in quarantine, if necessary, for
the proper length of time, or impounded and held for ten (10) business days after the owner is
given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and
humane manner. This 10 -day time period shall allow the owner to request a hearing under F.S.
§ 767.12. The owner shall be responsible for payment of all boarding costs and other fees as
may be required to humanely and safely keep the animal during any appeal procedure.
(2) If a dog that has not been declared dangerous attacks and causes severe injury to or
death of any human, the dog shall be immediately confiscated by an animal control authority,
placed in quarantine, if necessary, for the proper length of time or held for ten (10) business
days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed
in an expeditious and humane manner. This ten-day period shall allow the owner to request
a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs
and other fees as may be required to humanely and safely keep the animal during any appeal
procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous
propensities, yet demonstrated a reckless disregard for such propensities under the circum-
stances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as
provided in F.S. §§ 775.082 or 775.083.
(3) If a dog that has previously been declared dangerous attacks and causes severe injury
to or death of any human, the owner is guilty of a felony of the third degree, punishable as
provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately
confiscated by an animal control authority, placed in quarantine, if necessary, for the proper
length of time or held for ten (10) business days after the owner is given written notification
under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This
ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner
shall be responsible for payment of all boarding costs and other fees as may be required to
humanely and safely keep the animal during any appeal procedure.
(4) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be
held and may not be destroyed while the appeal is pending.
Supp. No. 35 307
§ 4-12 ATLANTIC BEACH CODE
(5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal
activity at the time of the attack, the owner is not guilty of any crime specified under this
section.
(Ord. No. 95-99-70, § 1, 6-28-99)
Sec. 4-13. Bite by a police or service dog; exemption from quarantine.
Any dog that is owned, or the service of which is employed, by a law enforcement agency, or
any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that
bites another animal or human is exempt from any quarantine requirement following such bite
if the dog has a current rabies vaccination that was administered by a licensed veterinarian.
(Ord. No. 95-99-70, § 1, 6-28-99)
Sec. 4-14. Severe injury by dog; impoundment; destruction.
Whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a
human, causing severe injury to or the death of the human, then an animal control officer shall
be authorized to immediately impound the dog, placing it in quarantine, or otherwise
impounding it for ten (10) business days.
Thereafter, the dangerous dog may be destroyed in an expeditious and humane manner. If,
prior to the ten-day time period, the owner notifies the animal control authority in writing of
the owner's intent to challenge animal control authority's decision to destroy the dog, the
animal control authority shall continue to impound the dog so long as the owner either posts
bond, or pays by certified check payable to the city the estimated costs associated with
impounding the dog, as estimated by the animal control authority. To appeal the animal
control authority's final decision, the owner must file a written request for a hearing in the
county court (1n..) business daysafter the animal control authority's final • T"-etl-c,n
decision to destroy the dog. The owner shall be responsible for payment of all boarding costs,
medical costs and other fees and charges associated with the animal control maintaining the
dog, regardless of the outcome of any proceeding.
Exceptions: This section shall not apply to police dogs, and it shall not apply to incidents
when the human victim was engaging in criminal behavior, or when the human victim
provoked and/or taunted the dog into attacking.
(Ord. No. 95-08-95, § 2, 3-27-08)
Sec. 4-15. Abandoning animals.
It shall be unlawful for any person to abandon an animal. For purposes of this section, it
shall be considered abandonment if an animal is:
(a) Left upon or beside any street, road or other public property, or
(b) Left on private property; or
(c) If a maimed, sick, infirm or diseased animal is forsaken entirely and left to die.
(Ord. No. 95-08-95, § 2, 3-27-08)
Supp. No. 35 308
ANIMALS § 4-24
Secs. 4-16-4-20. Reserved.
ARTICLE II. DOGS AND CATS*
Sec. 4-21. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Cat shall mean all domestic felines.
Dog shall mean all members of the canine family including pet foxes, wolves, etc.
Owner shall mean any person having a right of property in a dog or cat, or who keeps or
harbors a dog or cat, or who has it in care or in custody. Any person who feeds, maintains,
keeps, or assists in the welfare of an animal which is considered to be a stray or feral animal,
accepts the role as the animal's owner. As such, the person is responsible for compliance with
all local and state laws. The only exception to this is registered organizations who offer
temporary care for stray animals.
Vaccination against rabies shall mean the proper administration of antirabies inoculation or
vaccination by a veterinarian licensed by the state board of veterinary medicine.
(Code 1970, § 4-2; Ord. No. 95-98-69, § 1, 10-26-98)
Cross reference -Definitions and rules of construction generally, § 1-2.
Sec. 4-22. Reserved.
Editor's note -Ord. No. 95-03-85, § 3, adopted October 13, 2003, repealed former § 4-22,
which pertained to registration and tagging required, and derived from § 4-3 of the 1970 Code,
Ord. No. 95-86-30, § 1, adopted July 28, 1986, Ord. No. 95-88-33, § 2, adopted April 25, 1988,
and Ord. No. 95-98-69, § 1, adopted October 26, 1998.
Sec. 4-23. Reserved.
Editor's note -Section 3 of Ord. No. 95-08-95, adopted Mar. 27, 2008, repealed § 4-23,
which pertained to impoundment of unregistered dogs and cats and derived from § 4-4(a) of the
1970 Code; Ord. No. 95-86-30, adopted July 28, 1986; Ord. No. 95-88-33, adopted Apr. 25, 1988;
Ord. No. 95-92-51, adopted Feb. 10, 1992; Ord. No. 95-98-69, adopted Oct. 26, 1998; and Ord.
No. 95-03-85, adopted Oct. 13, 2003.
Sec. 4-24. Running at large.
It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to
commit a nuisance or to be found running at large on any of the public streets, parks,
playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up
by the city or the designated authorized agent of the city and placed in a shelter for a period
of not less than three (3) days nor more than seven (7) days, except the animal may be released
*State law references -Right to be accompanied by dog guides in public accommodations,
F.S. § 413.08; damage by dogs, F.S. Ch. 767.
Supp. No. 35 309
§ 4-24 ATLANTIC BEACH CODE
sooner upon proper identification and upon the payment of a thirty -dollar fee plus additional
seven dollars ($7.00) per day for the redemption of said animal. In the event any animal has
to be tranquilized with chemical capture equipment, then the redemption fee shall be one
hundred dollars ($100.00). If a dangerous dog is impounded for running at large, then the
redemption fee shall be one hundred fifty dollars ($150.00), with an additional one hundred -
dollar fee if the dangerous dog has to be tranquilized with chemical capture equipment.
(Code 1970, § 4-4(b); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-92-51, § 1, 2-10-92; Ord. No.
95-98-69, § 1, 10-26-98; Ord. No. 95-03-85, § 1, 10-13-03; Ord. No. 95-08-95, § 1, 3-27-08)
Sec. 4-25. Leashing.
No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable
leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be
attached to a fixed object or specifically held by a person capable of controlling the animal. On
Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed
to swim unleashed and then immediately put back on the leash before returning to the beach.
This does not include walking the dog in the water.
(Code 1970, § 4-4(c); Ord. No. 95-88-33, § 4, 4-25-88; Ord. No. 95-98-69, § 1, 10-26-98)
Sec. 4-26. Damaging property.
(a) It shall be unlawful for any person who shall own or be in control or in charge of any dog
or cat, to allow or permit the dog or cat to wander or stray upon the property of another and
damage the property.
(b) If any dog or cat shall wander or stray upon the property of any person within the
corporate limits of the city and shall cause damage thereon, proof of the damage and the
identity of the dog or cat shall be sufficient to convict the person owning or having charge of
or control of the dog or cat violating the terms and provisions of this article.
(c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate
on any property within the city other than the owner's private property without immediately
removing such defecation with some sort of material, utensil, or suitable container and
depositing the defecation in a trash container. When walking a dog or cat on any property
within the city, other than the owner's property, the owner of that dog or cat shall carry some
sort of material, utensil, or suitable container with which to dispose of the defecation.
(Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88; Ord. No.
95-98-69, § 1, 10-26-98)
State law reference—Damage by dogs, F.S. Ch. 767.
Sec. 4-27. Disturbing the peace.
(a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or
control thereof, to keep any animal or animals within the limits of the city which bark, meow,
whine, howl or make other sounds common to the species, persistently or continuously for a
period of thirty (30) minutes or longer when the animal or animals are not contained within
an enclosure sufficient to baffle loud noises and render them reasonably unobjectionable.
Supp. No. 35 310
ANIMALS § 4-29
(b) Any animal which persistently makes noises for an hour or longer and annoys citizens
of the city shall be declared a nuisance under this chapter.
(Code 1970, § 4-4(e); Ord. No. 95-96-66, § 2, 5-28-96; Ord. No. 95-98-69, § 1, 10-26-98; Ord. No.
95-08-95, § 1, 3-27-08)
Sec. 4-28. Neglect; restraint by chaining; animal bites.
(a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or
control thereof, to fail to provide an animal any one of the following:
(1) Clean, fresh, potable water of a drinkable temperature that is provided in a suitable
manner, in sufficient volume;
(2) Sufficient, wholesome food;
(3) Adequate shelter with sufficient floor, three walls and roof to protect the animal from
the weather, extreme temperature and direct sunlight.
(b) Restraint by chaining may be used provided the following conditions are met:
(1) The chain or tether shall not weigh more than one eighth (1/8) of the animal's body
weight;
(2) The chain or tether shall be at least ten (10) feet in length with swivels on both ends;
(3) The chain or tether shall be attached to a properly fitted collar or harness worn by the
animal; and
(4) The animal, while restrained by chain or tether, is able to access shelter with sufficient
floor, three (3) walls, and roof to protect the animal from the weather, extreme
temperatures and direct sunlight; and is able to access sufficient water and sufficient
wholesome food.
(c) No owner of any animal shall permit the animal, either willfully or through failure to
exercise due care or control, to destroy or damage the property of another including, but not
limited to, the unprovoked biting, attacking, or wounding of another person's animal. No
owner of any animal shall permit the animal, either willfully or through failure to exercise due
care or control, to bite, attack or wound a human.
Exemption: the provisions of this section do not apply to police dogs.
(Ord. No. 95-08-95, § 2, 3-27-08)
Sec. 4-29. Rabies suspected.
Suspected rabies cases will be handled according to the Health Code as established by the
State Department of Environmental Health (authorized by F.S. § 381.006).
(Code 1970, § 4-5; Ord. No. 95-98-69, § 1, 10-26-98)
State law reference—Authority of state department of health and rehabilitative services
to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected
with rabies, F.S. § 381.031(1)(g)1.
Supp. No. 35 311
§ 4-30 ATLANTIC BEACH CODE
Sec. 4-30. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city manager shall
have the authority to issue citations to those people whose pets are found to be in violation of
this article and sections herein.
(b) Violations of this article shall be punishable by fines as follows:
General: Violations of the provisions of Chapter 4, Article II, of the Atlantic Beach City Code
are hereby declared to be civil infractions for which there may be imposed by the county
court a maximum fine not to exceed five hundred dollars ($500.00). Anyone cited with a
violation of this article may pay a fine as specified below in lieu of appearing in county court.
The fine specified shall be paid within the time specified below.
If a person fails to pay the civil fine within the time prescribed on the citation or fails to
obtain a court date, or having obtained a court date, fails to appear in court to contest the
citation, then the person shall be deemed to have waived the right to contest the citation. In
such cases, final judgment may be entered against the person in the maximum civil fine
($500.00) allowed, which shall be payable within sixty (60) days from the date of execution of
the final judgment. Alternatively, the court may issue an order to show cause, requiring the
person to appear before the court to explain why action on the citation has not been taken. If
any person who is issued such an order fails to appear in response to the court's directive, that
person may be held in contempt of court in addition to having to pay the civil fine, court costs,
and restitution, as applicable.
(1) First offense: (The current offense is a "first" offense if there have been no other
citations in the preceding thirty-six (36) months.) T; c ty -fve doiiuru ($25.00); if not
paid within fourteen (14) calendar days, the fine goes to fifty dollars ($50.00);
(2) Second offense: (The current offense is a second offense if there have been only one (1)
previous citation within the preceding thirty-six (36) months.) One hundred dollars
($100.00); if not paid within fourteen (14) calendar days, the fine goes to one hundred
fifty dollars ($150.00);
(3) Third and subsequent offenses: (The current offense is a third or subsequent offense if
there have been two (2) or more previous citations within the preceding thirty-six (36)
months.) Two hundred fifty ($250.00); if not paid in fourteen (14) calendar days, fine
goes to five hundred dollars ($500.00).
(4) Anyone cited with a violation of this article who pays the required fines and then goes
three (3) years with no offenses shall return to the status of having no prior offenses
for the purposes of this section.
(5) An additional fine of one hundred dollars ($100.00) for any violation involving a dog or
cat in heat.
Supp. No. 35 312
ANIMALS § 4-30
(c) A five -dollar surcharge shall be assessed and collected upon each civil penalty imposed
for violation of an ordinance relating to animal control or cruelty as authorized by F.S.
§ 828.27. The proceeds from such surcharge shall be used only to assist in paying for the costs
of training for animal control officers in accordance with the requirements of F.S. § 828.27.
Said civil penalty shall be paid to the City of Atlantic Beach.
(d) The animal control officer shall have the authority to cite the owner or any person
having custody of an animal for a violation of this article when, and only when:
(1) The officer has received from an adult witness a sworn affidavit attesting to the animal
having committed a violation pursuant to this article; or
(2) The animal control officer or other person duly authorized to enforce the provisions of
this chapter has witnessed the commission of a violation under this article.
(Ord. No. 97-86-30, § 4, 7-28-86; Ord. No. 95-98-69, § 1, 10-26-98; Ord. No. 95-99-70, § 2,
6-28-99; Ord. No. 95-01-77, § 1, 1-22-01; Ord. No. 95-03-85, §§ 1, 2, 10-13-03; Ord. No. 95-08-95,
§ 1, 3-27-08)
[The next page is 353]
Supp. No. 35 313
Chapter 6
BUILDINGS AND BUILDING REGULATIONS*
Art. I. In General, §§ 6-1-6-15
Art. II. Building Code, §§ 6-16-6-30
Art. III. Electrical Code, §§ 6-31-6-55
Art. IV. Plumbing Code, §§ 6-56-6-75
Art. V. Mechanical Code, §§ 6-76-6-90
Art. VI. Reserved, §§ 6-91-6-105
Art. VII. Numbering of Buildings, §§ 6-106-6-119
Art. VIII. Housing Code, §§ 6-120-6-140
Art. IX. Reserved, §§ 6-141-6-160
Art. X. Amusement Device Code, § 6-161
ARTICLE I. IN GENERAL
Secs. 6-1-6-15. Reserved.
ARTICLE II. BUILDING CODEt
Sec. 6-16. Adoption of Florida Building Code.
There is hereby adopted, subject to any modifications, changes and amendments set forth in
this article, and for the purpose of establishing rules and regulations for the construction,
alteration, removal, demolition, equipment, use and occupancy, location and maintenance of
buildings and structures, including permits and penalties, that certain building code known as
The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended
from time to time so that the latest edition of the Florida Building Code shall apply and the
International Property Maintenance Code, most recent edition, of which not less than three (3)
*Cross references—Fire prevention and protection, Ch. 7; flood hazard areas, Ch. 8;
mobile homes and recreation vehicles, Ch. 10; building operations at night, § 11-6; planning/
zoning/appeals, Ch. 14; signs and advertising structures, Ch. 17; streets, sidewalks and other
public places, Ch. 19; occupational license taxes for contractors, § 20-59; utilities, Ch. 22;
zoning and subdivision regulations, Ch. 24.
State law references—Building construction standards, F.S. Ch. 553; contracting, F.S.
'Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed all existing
sections of Art. II, Building Code, except § 6-24. Section 2 of this ordinance added new §§ 6-16
and 6-17, as set forth herein. The repealed sections derived from the following: §§ 6-8 and 6-10
of the 1970 Code; Ord. No. 25-86-17, § 1, adopted February 24, 1986; Ord. No. 25-86-19, § 1,
adopted December 8, 1986; Ord. No. 25-89-22, § 1, adopted June 12, 1989; Ord. No. 25-92-23,
§ 1, 11-9-92; Ord. No. 25-95-27, §§ 1, 2, adopted July 10, 1995; Ord. No. 25-96-28, §§ 1(1), (9),
(10), and 2, adopted April 22, 1996; Ord. No. 25-98-30, § 1, 6-22-98.
State law reference—State minimum building codes, F.S. § 553.70 et seq.
Supp. No. 35 407
§ 6-16 ATLANTIC BEACH CODE
copies have been and are now filed in the office of the city clerk, and the same are adopted and
incorporated as fully as if set out at length in this article, and the provisions thereof shall be
controlling in the construction of all buildings and other structures within the city.
(Ord. No. 25-02-32, § 2, 11-11-02; Ord. No. 25-08-38, § 1.A.(1), 2-25-08)
Sec. 6-17. Same—Amendments.
The Florida Building Code adopted by section 6-16 is hereby modified, changed and
amended to include the following:
(a) Building department.
(1) Establishment. There is hereby established a department to be called the
building department and the person in charge shall be known as the building
official.
(2) Designation of administrator, deputy, inspectors; conflicts of interest.
a. The building official, inspection division, development services department,
is hereby designated as the administrative authority responsible for inter-
pretation and enforcement of the provisions of this chapter and the Florida
Building Code, with the exception of Chapters 9 and 36, which are assigned
to the fire chief for enforcement in its entirety.
b. The administrative authority shall be referred to as the building official.
c. The building official may appoint such number of officers, inspectors,
assistants, and other employees as shall be authorized from time to time.
The minimum qualification requirements for each employee so authorized
shall be as established by the personnel rules and regulations and the
official position descriptions of the city.
d. The building official may designate as his deputy an employee in the
division who shall, during the absence or disability of the building official,
exercise all powers of the building official.
(3) Restrictions on employees. An officer or employee connected with the department,
except one whose only connection is as a member of the board established by this
code, shall not be financially interested in the furnishing of labor, material or
appliances for the construction, alteration or maintenance of a building, struc-
ture, service, system, or in the making of plans or of specifications thereof, unless
he is the owner of such. The officer or employee shall not engage in any other
work which is inconsistent with his duties or conflict with the interests of the
department.
(4) Records. The building official shall keep, or cause to be kept, a record of the
business of the department. The records of the department shall be open to public
inspection.
(5) Liability. Any officer or employee, or member of the board of adjustments and
appeals, charged with the enforcement of this code, acting for the applicable
Supp. No. 35 408
BUILDINGS AND BUILDING REGULATIONS § 6-17
governing authority in the discharge of his duties, shall not thereby render
himself personally liable, and is hereby relieved from all personal liability, for any
damage that may accrue to persons or property as a result of any act required or
permitted in the discharge of his duties. Any suit brought against any officer or
employee or member because of such act performed by him in the enforcement of
any provision of this code shall be defended by the department of law until the
final termination of the proceedings.
(6) Reports. The building official shall submit annually a report covering the work of
the building department during the preceding year. He may incorporate in said
report a summary of the decisions of the board of adjustments and appeals during
said year.
(b) Powers and duties of the building official.
(1) General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official is further authorized to render
interpretations of this code, which are consistent with its spirit and purpose.
(2) Right of entry. Whenever necessary to make an inspection to enforce any of the
provisions of this code, or whenever the building official has reasonable cause to
believe that there exists in any building or upon any premises any condition or
code violation which makes such building, structure, premises, electrical, gas,
mechanical or plumbing systems unsafe, dangerous or hazardous, the building
official may enter such building, structure or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the building official by this
code. If such building or premises are occupied, he shall first present proper
credentials and request entry. If such building, structure or premises are
unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of such and request entry. If entry is refused, the
building official shall have recourse to every remedy provided by law to secure
entry.
When the building official shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or occupant or any
other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the building official for the purpose of
inspection and examination pursuant to this Code.
(3) Stop work orders. Upon notice from the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the owner
of the property, or to his agent, or to the person doing the work, and shall state
Supp. No. 35 409
§ 6-17 ATLANTIC BEACH CODE
the conditions under which work may be resumed. Where an emergency exists,
the building official shall not be required to give a written notice prior to stopping
the work.
(4) Revocation of permits.
a. Misrepresentation of application. The building official may revoke a permit
or approval, issued under the provisions of this code, in case there has been
any false statement or misrepresentations as to the material fact in the
application or plans on which the permit or approval was based.
b. Violation of code provisions. The building official may revoke a permit upon
determination by the building official that the construction, erection,
alteration, repair, moving, demolition, installation or replacement of the
building, structure, electrical, gas, mechanical or plumbing systems for
which the permit was issued is in violation of, or not in conformity with, the
provisions of this code.
(5) Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical
or plumbing systems which are unsafe, unsanitary, or do not provide adequate
egress, or which constitute a fire hazard, or are otherwise dangerous to human
life, or which in relation to existing use, constitute a hazard to safety or health,
are considered unsafe buildings or service systems. All such unsafe buildings,
structures or service systems are hereby declared illegal and shall not be abated
by repair and rehabilitation or by demolition in accordance with the provisions of
the International Property Maintenance Code.
(6) Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure,
electrical, gas, mechanical or plumbing system, or for the public safety, health
and general welfare, not specifically covered by this or the other technical codes,
shall be determined by the building official.
(Ord. No. 25-02-32, § 2, 11-11-02; Ord. No. 25-08-38, § 1.A.(2), (3) 2-25-08)
Sec. 6-18. Construction site management.
(a) Issuance of permit. No building permit shall be issued unless a construction site
management plan has been submitted and approved by the building official. Persons who
intend to make any of the following improvements: lot clearing, grading, stockpiling of soil,
demolition, building construction or reconstruction, building alteration or addition shall
designate either a licensed contractor or owner -builder for the purposes of the construction site
management requirements. These requirements set minimum standards for the operation of
the project site to eliminate or minimize impacts to the site and to the neighborhood to include
containment of sediment, surface water discharge, erosion of soil, vehicle parking and loading
area, traffic control, fencing, placement of materials, safety, neatness and cleanliness.
Supp. No. 35 410
BUILDINGS AND BUILDING REGULATIONS § 6-18
(b) Construction site management plan. Contractor shall submit a construction site man-
agement plan with a building permit application which includes the following submittal
requirements unless waived by the building official:
(1) Location of proposed demolition.
(2) Grading and drainage surface water management plan for street and project site,
chapter 24, article III, division 3, section 24-67 including:
a. Drainage plan during construction in compliance with subsection (d).
b. Final grading and drainage plan upon completion of construction for street and
project site in compliance with chapter 22, utilities and approval by public works.
(3) Parking plan, including:
a. Location of onsite and abutting street parking area.
b. Offsite parking plan in compliance with subsection (e)(4) and the following:
1. A single access with dimensions;
2. Buffering for adjacent waterways and streets, as approved by the building
official;
3. A temporary fence location, height and type of fence with screening.
(4) Fencing plan, showing location, height and type of fence with screening or evidence
that proposed construction does not warrant a construction fence in compliance with
subsection (g)(6) as determined by the building official.
(5) Location of construction trailer(s), loading/unloading area and material storage area.
(6) Location of chemical toilet(s).
(7) Location of dumpster.
(8) Traffic control plan, showing access with dimensions, area to be stabilized, narrative
on phasing of construction with provision of adequate parking and delivery of
materials.
(9) Other activities, where special conditions are identified by the building official.
(c) Approval / waivers. The building official shall review, approve or deny the construction
site management plan. The building official is hereby authorized to grant waivers from
submittal requirements and corresponding standards:
(1) If the requirement is unrelated to proposed development; or
(2) If the impact of the proposed development is negligible in the submittal requirement
area.
Supp. No. 35 411
§ 6-18 ATLANTIC BEACH CODE
(d) Parking during development of project.
(1) Parking on-site. Contractor shall provide for parking on the project site and abutting
right-of-way to the greatest degree possible. Alternative parking sites may include
adjacent vacant lot or offsite parking lots in the immediate area as approved in the site
management plan.
(2) Access. Use of the public right-of-way for access to and from the project site as shown
on the construction site management plan shall be strictly managed by the contractor.
Contractor shall maintain the public street adjacent to the project site free of dirt, sand
or any other debris resulting from construction activities. The public right-of-way
adjacent to the project site shall be broom swept on a regular basis keeping it free of
dirt, sand and other debris. Failure to remove said material on the day of occurrence
is a violation.
(3) Temporary graveled or stabilized area for construction access and parking. Contractor
shall provide a graveled or stabilized area as shown in the construction site manage-
ment plan. The stabilized area shall be located at points where vehicles enter and exit
the construction site and the parking location. When a right-of-way area is used for
parking, the contractor shall provide a graveled or stabilized area on the right-of-way.
Upon completion of the project, the contractor shall restore the right-of-way to its
original condition or better. The purpose of the graveled or stabilized area at the
entrance to the project site is to eliminate and reduce tracking or flow of sand, mud,
concrete wash or other related material onto the right-of-way.
(4) Offsite parking. If the construction site management plan illustrates proposed parking
in the right-of-way, the application shall be accompanied by a city right-of-way permit.
The building official may
a telpoIctljpermit offsite parking on vacant lots other than
the project site with the written permission of the owner of the lot where the vehicles
are to be parked and in compliance with the following standards:
a. Compliance with the construction site management plan.
b. The lot shall be used for parking only.
c. There shall be no storage of materials, trailers or construction equipment.
d. There shall be no loading and unloading of materials or machinery.
e. Parking within the right-of-way abutting the off-site parking lot may be approved
by the building official. Sufficient ingress and egress to the vacant lot must be
maintained.
f. A temporary six-foot fence with fabric or screen or other materials as approved by
the building official shall be located at the front, side, and rear lot line of the
temporary parking area except where a lot line is located on the water. Where a
lot line is along the water, the fence shall be placed no closer to the water than the
yard setback line and shall not exceed three (3) feet in height. The fence gate shall
Supp. No. 35 412
BUILDINGS AND BUILDING REGULATIONS § 6-18
remain locked during non -working hours. The fencing shall remain on-site until
the off-site parking is no longer needed to complete the project site and shall be
removed prior to issuance of a certificate of occupancy for the project site.
g. The offsite parking shall occur no earlier than 7:00 a.m. and no later than 6:30
p.m. Loitering is prohibited.
h. The offsite parking lot shall be restored to its original condition prior to issuance
of a certificate of occupancy for the project site and shall include proper grading,
replacement of trees, planting of grass and other landscape material as approved
by the property owner.
(e) Material storage. Material associated with the project site including equipment shall be
neatly stored on the site (within the fenced area when applicable). The storage of material
shall not obstruct access to the structure under construction or create a public safety hazard.
All loading or unloading of materials and/or equipment is limited to the construction site and
adjacent right-of-way.
(f) Construction fencing. A project site that meets the following standards is required to
install a construction fence which means a temporary six-foot chain link fence with fabric, or
other screening material.
(1) Clearing, grading or demolition. A construction fence is required where clearing,
grading, stockpiling of soil or demolition is proposed as follows:
a. A lot located in the residential or commercial zoning districts shall install a fence
on the front, side, and rear lot lines prior to commencement of clearing, grading
or demolition. Fencing may be removed upon final electrical inspection.
b. All other lots shall install a fence on the side and rear lot lines. Fencing may be
removed upon final electrical inspection.
(2) Major remodeling. Major remodeling shall mean an increase in the building volume of
ten thousand (10,000) cubic feet or more; or an increase in the building footprint of one
thousand (1,000) square feet or more; or new construction with a building footprint of
one thousand (1,000) square feet or more. A construction fence is required for major
remodeling as follows:
a. A lot located in the residential or commercial zoning districts shall install a fence
on the front, side and rear lot lines. Fencing may be removed upon final electrical
inspection.
b. All other lots shall install a fence on the side and rear lot lines. Fencing may be
removed upon final electrical inspection.
(3) Major alteration. Major alteration shall mean where fifty (50) percent or more of the
gross square footage of an existing structure is proposed for reconstruction, rehabili-
tation, removal of wall(s), alteration or other improvement excluding replacement of
the roof. A construction fence is required for major alteration as follows:
a. A lot located in the residential or commercial zoning districts shall install a fence
on the front, side and rear lot lines. Fencing may be removed upon final electrical
inspection.
Supp. No. 35 413
§ 6-18 ATLANTIC BEACH CODE
b. All other lots shall install a fence on the side and rear lot lines. Fencing may be
removed upon final electrical inspection.
(4) Exception from six foot height requirement.
a. Where a construction fence is required and the property line is located on the
water in any zoning district, that portion of the construction fence along the
water shall be located no closer than the yard setback line at a height no higher
than three (3) feet.
b. In a zoning on a waterfront facing the rear yard lot, the side lot line fence shall
be lowered to three (3) feet for that portion which is the greater of:
1. Thirty (30) feet from the mean highwater line; or
2. Thirty (30) feet from the platted waterfront building line.
(5) Alternative to fence. An existing hedge or visual barrier of at least six (6) feet in height
along any lot line may be considered an equivalent of the construction fence. The
contractor shall make this request in writing to the building official.
(6) Exception to installation of construction fence. Where a construction fence would be
required for a residential lot pursuant to subsection (1)b., (2)b., or (3)b., and contractor
obtains a construction fence waiver from the adjacent property owner or tenant that
abuts the project site, the building official may waive the requirement for all or a
portion of the construction fence.
(7) Installation. Installation of a construction fence shall occur prior to any construction
activity or material deliveries. The fence shall not be placed so as to create a public
safety hazard. Where the project site is enclosed by a fence, the fence gate shall be
locked during nonworking hours.
(g) Signs. A twelve inches by eighteen inches (12" x 18") sign shall be posted by the
contractor on the project site in the location approved on the construction site management
plan which is readable from the street. The sign shall contain the street address of the
property, phone number for the City of Atlantic Beach and the name and phone number of the
general contractor. The sign is exempt from chapter 17. This sign shall be maintained in a
readable condition until completion of construction.
(h) Site cleanliness. Contractor shall have the entire construction site cleaned by Friday of
each week. Cleaning for purposes of this section means, without limitation, removal and
placement into a dumpster of scrap lumber, concrete remnants and roof tile from the project
site. The project site shall be free of all loose debris such as cans, metal, plastic and paper.
(i) Temporary trailer. When a temporary trailer is proposed and a construction fence is
required, it shall be located on the project site within the fence at the location shown on the
construction site management plan.
Supp. No. 35 414
BUILDINGS AND BUILDING REGULATIONS § 6-18
(j) Chemical toilets. Chemical toilets shall be located inside the project fence and accessible
for servicing. Where a fence is not required, the contractor shall locate the chemical toilet
facing towards the rear of the project site and no further than fifteen (15) feet from the
structure under construction except where another location has been authorized by the
building official due to the size of the lot and ease of access to the chemical toilet.
(k) Landscaping. Damage to any landscaping on an abutting or adjacent property as a
result of the construction shall be replaced and restored at the contractors expense to its
original condition. Failure to replace and repair is a violation.
(1) Dumpster. Construction site dumpster shall be located inside the fence. Where a fence is
not required, it shall be located on the project site. The dumpster shall be emptied in a timely
fashion so there is no overflow of debris or litter. All dumpsters will have tarp covers or rigid
covers during windy days. Prior to a certificate of occupancy being issued, the dumpster shall
be removed from the site.
(m) Limitation of certain construction activities. Pile driving and steel erection activity
shall be limited to Monday through Friday, excluding federal holidays, during the hours
between 8:00 a.m. in the morning until 5:00 p.m. in the evening. Demolition activity shall be
limited to Monday through Friday, excluding federal holidays, during scheduled work hours
between 8:00 a.m. in the morning and 5:00 p.m. in the evening.
(n) Construction related traffic control. A contractor, owner, vehicle operator or any persons
associated with the project site who impedes or obstructs the public right-of-way shall be in
violation of this Code. Parking, loading, unloading or any related activity on the public
right-of-way is prohibited unless consistent with section.
(o) Weather emergency. It is the responsibility of the contractor to remove construction
materials from the project site or secure construction materials at the project site commencing
with issuance of a tropical storm or hurricane warning announcement until the time set forth
in subsection (4).
(1) Declaration. When the National Weather Service, National Hurricane Center or
appropriate weather agency declare a tropical storm warning or a hurricane warning
for any portion of Duval County, Florida, all construction materials, including roof
tiles, on all project sites within the city shall be secured and stored onsite in a safe
manner or removed so that no material can become a safety hazard with hurricane or
tropical storm force winds.
(2) Notice. Media broadcasts or notices issued by the National Weather Service or
National Hurricane Center of a tropical storm warning or a hurricane warning is
hereby deemed notice to the contractor. The contractor is responsible for the project
site by securing onsite or removing from the site any construction materials or debris
to protect against the effect of hurricane or tropical storm force winds. By holding a
building permit during hurricane season, contractor shall monitor the National
Weather Service and the National Hurricane Center for weather emergencies.
Supp. No. 35 415
§ 6-18 ATLANTIC BEACH CODE
(3) Materials. Materials stockpiled on top of any structure under construction shall be
handled as follows:
a. Band construction materials together and fasten them to the top of the structure
in such a manner to prevent the material from becoming airborne during a
tropical storm or hurricane; or
b. Remove construction materials from the top of the structure and secure them to
the ground; or
c. Remove construction materials from the project site; or
d. Store construction materials inside a structure if said structure is secure from
tropical or hurricane force wind loads.
(4) Construction materials, debris or any material capable of becoming airborne shall
remain secured and stored on the project site or shall be removed from the project site
until the National Weather Service or National Hurricane Center has removed all
portions of Collier County from those areas included in a tropical storm warning or
hurricane warning.
(p) Nuisance. A nuisance maintained on a project site is a violation of this Code.
(Ord. No. 25-04-35, 3-8-04)
Secs. 6-19-6-23. Reserved.
Sec. 6-24. Nonhabitable major structures; residential dune crossover structures.
Nonhabitable major structures need not meet the specific structural requirements of section
6-23, except that they shall be designed to produce the minimum adverse impact on the beach
and dune system and shall comply with the applicable standards of construction found
elsewhere in this Code. All sewage treatment and public water supply systems shall be
floodproofed to prevent infiltration of surface water anticipated under design storm conditions.
Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent
infiltration of surface water expected under design storm conditions or shall otherwise be
designed to function when submerged under such storm conditions.
(Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96; Ord. No. 25-08-39, § 1, 7-14-08)
Sec. 6-25. Boathouses, docks and gazebos on docks.
(a) Purpose and intent. It is the intent of this section to insure that on intracoastal, lake
front, marsh front, canal front, stream front lots no boating hazards will be created, water
pollution from stormwater runoff and other sources will be minimized, views of water from
adjoining properties will not be unduly impaired, and the appearance of the shore when viewed
from the water will be kept as natural as reasonably possible. Atlantic Beach's intracoastal
lakes, canals and streams are among the city's greatest assets, and it is in the public interest
to require that their aesthetic appeal and water quality be maintained and enhanced when
possible.
Supp. No. 35 416
BUILDINGS AND BUILDING REGULATIONS § 6-25
(b) Site plan. A building permit shall not be issued for any new structure, addition to any
existing structure, fence or wall or significant change of an existing property on an intracoastal,
lake front, marsh front, canal front, or stream front lot until a satisfactory site plan therefore
is reviewed and approved. The requirements of this section are minimum requirements, and
the planning and zoning department may impose more restrictive requirements and condi-
tions on the height, bulk, location and any other aspect of the proposed development where
necessary in order to accomplish the purpose and intent of the section.
(c) Docks, boathouses and gazebos on docks. The following minimum or maximum stan-
dards shall apply to all construction or renovation of docks, boathouses and gazebos on docks:
(1) Before a building permit is issued, the plans for docks, boathouses and gazebos on
docks shall be approved by the building and planning department.
(2) The total area of docks, boathouses and gazebos on docks built at the waters edge over
land and water shall not exceed six hundred (600) square feet.
(3) All new docks, boathouses and gazebos on docks shall be constructed ten (10) feet from
a side lot line. This side setback can be reduced to five (5) feet if written approval is
presented from the adjacent property owners.
(4) All new docks, boathouses and gazebos on docks shall not extend over thirty (30) feet
into the water from the elevations specified in section 31-22(4)(e).
(5) The highest point of a boathouse or gazebo roof or any railing shall not exceed nine (9)
feet, and the roofs must be pitched so as to eliminate flat roofs and use of such areas
as sundecks. The height shall be measured from the surface of the dock or floor to the
highest point of the roof or railing. In addition, the surface of any dock, sundeck, or
floor of any boathouse, gazebo, etc. shall not be more than two (2) feet above the
elevations specified in subsection (4)(e).
(6) In order that all docks, boathouses or gazebos on docks be utilized only for boating or
other recreational activities and not as living space, there shall be no bathrooms or
cooking facilities permitted in them, nor as an improvement to the existing boathouse.
There also shall not be any enclosed rooms over water except for storage rooms limited
in size to a maximum of eighty (80) square feet.
(7) Only one (1) boathouse or gazebo shall be permitted for each waterfront property
owner. In the case of common ownership of lakefront property such as in a condomin-
ium arrangement or property owned by a subdivision, there shall only be one (1)
boathouse or gazebo permitted.
(8) The sale or lease of a portion of lakefront after January 1, 2004, shall be construed as
a subdivision and shall not enable the owners to make application for a dock and
boathouse unless that subdivision has received the approval of the city commission.
Supp. No. 35 416.1
§ 6-25 ATLANTIC BEACH CODE
(d) Other structures on intracoastal, lake front, marsh front, canal front or stream front lots.
The following standards shall apply to all construction on lake front, marsh front, canal front
or stream front lots:
(1) Intracoastal, lake front, marsh front, canal front and stream front lots shall be
developed to maximize the amount of natural rainfall which is percolated into the soil
and to minimize direct overland runoff into the water. With the exception of
boathouses, docks, gazebos on docks or other over -water construction, stormwater
runoff from structures and other impervious surfaces shall be directed into on-site
retention swales and percolation of the first one (1) inch of runoff. Properties being
developed or redeveloped shall eliminate any direct piped discharges of stormwater
into the water, so that this runoff is directed to the on-site retention and percolation
areas. The city staff may require, as conditions necessitate, the submission of soil and
water table information, topographic detail, drainage calculations and professionally
designed plans so as to insure these requirements are met. All stormwater retention
compliance shall prioritize the preservation of existing trees and the impacts of fill or
excavation on tree root systems shall be minimized.
(2) No intracoastal, lake front, marsh front, canal front or stream front lot owner shall
grade the lot in such a way as to interfere with the natural drainage of adjoining lots
or in a way that diverts drainage from their lot onto adjoining lots. The city staff may
require, as conditions necessitate, the construction of physical features, grading,
swaling and piping of roof gutters so as to insure that runoff on a lot does not
negatively impact adjoining lots.
(3) Structures on intracoastal, lake front, marsh front, canal front, or stream front lots
shall, to the extent reasonably possible, be designed and located to minimize their
ohstrnrtion or egraation of traditional views to and through the property to the
water. Structures in this context shall also include fences and walls. The city, may as
conditions necessitate, reduce the height of structures, alter their location, size and
design so as to accomplish this objective.
(4) Structures on intracoastal, lake front, marsh front, canal front or stream front lots
shall be developed and landscaped so that when viewed from the water, those
structures are as unobtrusive as is reasonably possible. When a lot is being redevel-
oped, or a lot's structure is being extended or altered, this may require the planting of
new trees and other landscaping in order to achieve this objective.
(5) Structures on lakefront lots other than boathouses, docks, gazebos on docks or other
overwater construction shall be setback at least fifty (50) feet from the normal high
water elevation. For convenience, the normal high water elevations of the city's
principal lakes are listed below. Structures in this context shall also include swimming
pools, cabanas, screen enclosures, tennis courts and other accessory buildings.
(6) Fences on intracoastal, lake front, marsh front, canal front, or stream front lots shall
not be permitted to extend into the water beyond the normal high water elevation or
into a canal beyond the bulkhead. Fences and walls shall not be permitted which run
Supp. No. 35 416.2
BUILDINGS AND BUILDING REGULATIONS § 6-25
parallel to or across the lake, marsh, canal or stream within the fifty -foot setback.
Fences and walls include any terrace wall or other structure higher than three (3) feet
above grade. Fences running down the sides of properties within the fifty -foot setback
or across the waterfront within the building setback shall be open fences such as
wrought iron, chain link, etc. which allow visibility across property lines.
(e) Retaining walls. The construction of retaining walls or seawalls shall be done in
accordance with this chapter and chapter 6 of Code of Ordinances for the City of Atlantic
Beach.
(f) Boathouse lots. Boathouse lots which exist along the water front were accepted by the
city under the premise that these lots would serve as lake access for the residents of that
subdivision. As such, the purpose and intention of these boathouse lots is to serve as accessory
lots to the main residential properties within that subdivision. In accordance with the policies
contained within the comprehensive plan, the following regulations shall apply:
(1) The buildability and use of all boathouse lots, which are determined to be accessory
lots shall be restricted to the owners of real property within the subdivision in which
these accessory boathouse lots were platted.
(2) Boathouse lots which are held January 1, 2004, by property owners residing outside of
the subdivision for which they are platted shall be nonconforming boathouse lots which
may still be used for constructing a boathouse and for water access. However, any
boathouse lots owned by real property owners on January 1, 2004 in the subdivision for
which they were platted, shall only be buildable and used to serve the lake access need
or residents of that subdivision.
(3) Minimum lot widths shall be fifty (50) feet.
(4) Canal boathouses or gazebos on docks shall be constructed a minimum of five (5) feet
from side lot line. There shall be no front setback.
(5) The highest point of a boathouse or gazebo shall be no more than ten (10) feet above
the normal high water elevation of the closet lake or water way detailed in subsection
(4)(c).
(6) Canal boathouses or gazebos shall not exceed four hundred (400) square feet in size for
all areas of boathouses, gazebos, stairs, and decking.
(7) Canal boathouses shall be located so as not to interfere with navigation and to result
in the minimum of loss of existing large oak, pine or cypress trees. Electric service shall
be provided via underground wiring. Landscape buffering shall be required to
substantially cover fifty (50) percent of the structure. Off-street parking areas shall
remain without asphalt, concrete, brick, gravel, grass paver or other improved surface.
(Ord. No. 25-04-37, § 1, 7-26-04)
Supp. No. 35 416.3
§ 6-26 ATLANTIC BEACH CODE
Sec. 6-26. Schedule of building permit fees.
(1) Building and construction permit fees. For the purposes of determining fees, floor area
of a building shall be determined at each story including all portions under roofs. Separate fees
shall be paid for electrical, plumbing, mechanical, zoning, fire, miscellaneous and other plan
reviews and/or permits shown elsewhere in this section or in other applicable sections of this
code.
Total Valuation
$1,000.00 or less
$1,000.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 to $500,000.00
$500,001.00 and up
Building Permit Fees
Permit Fee
$35.00
$35.00 for the first $1,000.00 plus $5.00 for
each additional $1,000.00 or fraction
thereof, to and including $50,000.00
$260.00 for the first $50,000.00 plus $4.00
for each additional $1,000.00 or fraction
thereof, to and including $100,000.00
$460.00 for the first $100,000.00 plus $3.00
for each additional $1,000.00 or fraction
thereof, to and including $500,000.00
$1,660.00 for the first $500,000.00 plus
$2.00 for each additional $1,000.00 or frac-
tion thereof
(2) Moving fee. For the moving of any building or structure, the fee shall be $100.00.
(3) Dernoli ion fee. For the demolition of any building or structure, the fee shah be $100.00.
(4) Plan check fees. A plan -checking fee shall be paid to the building department at the time
of submitting plans and specifications for checking. Said plan -checking fee shall be equal to
one-half of the building permit fee. Such plan -checking fee is in addition to the building permit
fee. Additional plan -checking fees are required for planning and zoning and fire department
plan reviews.
(5) Reinspection fee. Thirty-five dollars per reinspection.
(6) Sign erections.
Total sq. ft. of sign
Up to 32 sq. ft.
Greater than 32 sq. ft.
(Ord. No. 25-08-38, § 1.C, 2-25-08)
Secs. 6-27-6-30. Reserved.
Supp. No. 35 416.4
Permit fee
$65.00
$65.00 plus $10.00 for each additional
sq. ft.
BUILDINGS AND BUILDING REGULATIONS § 6-37
ARTICLE III. ELECTRICAL CODE*
Sec. 6-31. Reserved.
Editor's note -Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-31,
which pertained to standards for materials, installations, etc., and derived from Ord. No.
25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-95-26, § 1, adopted February 13, 1995,
Ord. No. 25-976-28, § 1(2), adopted April 22, 1996, and Ord. No. 25-00-31, § 1, adopted
February 28, 2000.
Sec. 6-32. Reserved.
Editor's note -Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-32, which
pertained to certificate of competency and derived from § 7-4 of the 1970 Code.
Sec. 6-33. Reserved.
Editor's note Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-33, which
pertained to the improper use of name of licensed master electrictians and derived from § 7-5
of the 1970 Code.
Sec. 6-34. Reserved.
Editor's note -Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-34, which
pertained to employing only certified electricians by master electricians and derived from § 7-6
of the 1970 Code.
Sec. 6-35. Reserved.
Editor's note -Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-35, which
pertained to electrical permits required; to whom issued and derived from § 7-7 of the 1970
Code; Ord. No. 25-93-24, adopted Sept. 13, 1995; and Ord. No. 25-95-27, adopted July 10, 1995.
Sec. 6-36. Reserved.
Editor's note -Sec. 1.B of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-36, which
pertained to electrical inspections by electrical inspector and derived from § 7-8 of the 1970
Code.
Sec. 6-37. Same -Fees.
No permit shall be granted for any electrical installation within the limits of the city until
after inspection fees have been paid. Such inspection fees are hereby fixed in the following
schedule. For all electrical construction requiring a permit there shall be paid by the party
obtaining a permit the following inspection fees to be collected by the building department.
(1) For issuing each permit $35.00
*Cross reference -Electric signs, § 17-12.
State law reference -Electrical code, F.S. § 553.15 et seq.
Supp. No. 35 416.5
§ 6-37 ATLANTIC BEACH CODE
(2) New single-family residential occupancy:
0-100 amp service 50.00
101-150 amp service 60.00
151-200 amp service 70.00
For each additional 50 amp or fractional part thereof 10.00
(3) Multifamily per dwelling unit 50.00
(4) Service change:
0-100 amp service 30.00
101-150 amp service 50.00
151-200 amp service 50.00
For each additional 50 amp or fractional part thereof 20.00
(5) New commercial services:
0-100 amp service 50.00
101-150 amp service 60.00
151-200 amp service 70.00
For each additional 50 amp or fractional part thereof 10.00
(6) Temporary services 35.00
(7) Signs 35.00
(8) Switch and receptacle outlets (except new single-family, multifamily and
room additions):
Up to 30 amp, each 0.60
31-100 amp, each 2.00
101-200 amp, each 4.00
(9) Lighting outlets, including fixtures, each 0.60
(10) Primary service 50.00
(11) Transformers, per 20 KVA or fractional part thereof 4.00
(12) Heat:
0-10 kw 2.00
10.1-15 kw 4.00
15.1-24 kw 6.00
Over 24 kw 8.00
(13) Air conditioning circuits:
0-60 amp 5.00
Supp. No. 35 416.6
BUILDINGS AND BUILDING REGULATIONS § 6-55
61-100 amp 10.00
(14) Motors:
0-5 hp 4.00
Plus $2.00 for each additional 5 hp or fractional part thereof
(15) Appliances, fixed or stationary:
Up to 30 amp 2.00
31-100 amp 4.00
Over 100 amp 6.00
(16) Smoke detectors wired into electrical system (except single-family, mul-
tifamily and room additions), each 2.00
(17) Fire alarm and signaling systems, each 35.00
(18) Minimum fee 35.00
(19) Swimming pools 40.00
(20) Repairs and miscellaneous 35.00
(21) Reinspection 35.00
(Ord. No. 34-82-1, § 1, 7-28-82; Ord. No. 25-02-33, § 1, 9-23-02)
Sec. 6-38. Reserved.
Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-38, which
pertained to permits prerequisite to inspection and derived from § 7-10 of the 1970 Code.
Sec. 6-39. Reserved.
Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-39, which
pertained to right of entry of electrical inspector and derived from § 7-11 of the 1970 Code.
Sec. 6-40. Reserved.
Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-40, which
pertained to interference with electrical inspector and derived from § 7-12 of the 1970 Code.
Secs. 6-41-6-55. Reserved.
ARTICLE IV. PLUMBING CODE*
Sec. 6-56. Reserved.
Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-56,
which pertained to adoption of the Standard Plumbing Code, and derived from § 17-1 of the
1970 Code, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(3),
adopted April 22, 1996, and Ord. No. 25-98-30, § 1, 6-22-98.
*Cross references—Waterworks system, § 22-16 et seq.; wastewater system, § 22-56 et
seq.
State law references—Plumbing control act, F.S. § 553.01 et seq.; plumbers, F.S. Ch. 469.
Supp. No. 35 416.7
§ 6-57 ATLANTIC BEACH CODE
Sec. 6-57. Reserved.
Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-57, which
pertained to certificate of competency and derived from § 17-4 of the 1970 Code.
Sec. 6-58. Permits—Determination of ownership of secondhand fixtures prior to
issuance.
Before the issuance of any plumbing permit, the plumbing inspector shall ascertain whether
new or secondhand fixtures are to be used in the work. Whenever secondhand fixtures are
proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing
of the ownership of such fixtures and keep a record of the same.
(Code 1970, § 17-11)
Sec. 6-59. Same—Fees.
A fee of seven dollars ($7.00) per fixture, including washing machines, water heaters and
dishwashers, shall be paid to the city when a plumbing permit is issued. The minimum charge
for any permit shall be thirty-five dollars ($35.00) in addition to the rate per fixture. The
charge for reinspection shall be thirty-five dollars ($35.00) per inspection.
(Code 1970, § 17-12; Ord. No. 36-82-1, § 1, 7-26-82; Ord. No. 25-02-33, § 2, 9-23-02)
Sec. 6-60. Reserved.
Editor's note—Sec. 1.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, repealed § 6-60, which
pertained to whom permits are issued and derived from § 17-13 of the 1970 Code; Ord. No.
25-93-24, adopted Sept. 13, 1993; and Ord. No. 25-95-27, adopted July 10, 1995.
Sec. 6-61. Water conservation rezulations.
(a) All new construction and all remodeling or repair involving replacement of fixtures in
residential, hotel, motel, industry or commercial use shall utilize fixtures conforming to the
following schedule of maximum water usage based on water pressures at the fixture of forty
(40) to fifty (50) pounds per square inch (psi):
Maximum Flow Rate
Fixture Type (gallons)
Water closets
Tank type 2 per flush
Flushometer or flushvalve type 2 per flush
Wall mount 3.5 per flush
Urinals 1 per flush
Shower heads 2.5 per minute
Lavatory faucets 2 per minute
Sink faucets 2.5 per minute
Supp. No. 35 416.8
BUILDINGS AND BUILDING REGULATIONS § 6-77
(b) No urinal or water closet that operates on a continuous flow or continuous flush shall be
permitted unless fitted with time controls adjusted for periods of use.
(c) The use of standard flush toilets may be allowed when, in the opinion of the building
official, the configuration of the building drainage system requires a greater quantity of water
to adequately flush the system.
(d) Any person desiring to install any device or appliance as set out shall be required to
submit to the building official a manufacturer's data sheet defining the water use character-
istics of the plumbing devices or appliances prior to final inspection.
(e) If a particular fixture listed above is not available from at least two (2) suppliers, the
building official may accept a signed, notarized certification of non availability from the
plumbing contractor and allow a standard plumbing fixture to be used. The notarized
certification of nonavailability shall be signed by the fixture suppliers.
(Ord. No. 25-93-25, § 1, 12-13-93)
Secs. 6-62-6-75. Reserved.
ARTICLE V. MECHANICAL CODE
Sec. 6-76. Reserved.
Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-76,
which pertained to adoption of the Standard Mechanical Code, and derived from Ord. No.
25-82-1, § 1, adopted July 26, 1982, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No.
25-96-28, § 1(4), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, adopted June 22, 1998.
Sec. 6-77. Inspection fees.
No permit shall be granted for any mechanical installation within the limits of the city until
after inspection fees shall have been paid; such inspection fees are hereby fixed as follows:
(1) Mechanical permit fees:
a. For issuing each permit $35.00
Supp. No. 35 416.9
BUILDINGS AND BUILDING REGULATIONS § 6-160
c. Atlantic Boulevard on the south and the first and second districts on the east are
hereby declared and determined to be the zero coordinates or axis of this
numbering system, except where the street is a continuation of a street in the
first or second districts, and in that case, the coordinates or axis shall be that of
the first or second district, whichever is the case.
d. On every street, one hundred (100) numbers shall be assigned for every five
hundred (500) feet, except where streets intersect less than one thousand (1,000)
feet apart, in which case one hundred (100) numbers shall be assigned according
to subsection (2)d of this section.
e. According to subsection (1)e of this section.
(Code 1970, § 6-16)
Sec. 6-111. Removing or defacing.
No person shall remove or deface or attempt to remove or deface any numbers attached to
buildings under the provisions of this article.
(Code 1970, § 6-17)
State law reference—Criminal mischief, F.S. § 806.13.
Secs. 6-112-6-119. Reserved.
ARTICLE VIII. HOUSING CODE
Sec. 6-120. Adoption.
There is hereby adopted, basic minimum housing standards deemed essential for safe,
healthful living, that certain code known as the International Property Maintenance Code,
most current edition, published by the Southern Building Code Congress International, Inc.
(Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6),
4-22-96; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § 1.A.(4), 2-25-08)
Note—See editor's note, § 6-16.
Secs. 6-121-6-140. Reserved.
ARTICLE IX. RESERVED*
Secs. 6-141-6-160. Reserved.
*Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former Art.
IX, §§ 6-141-6-6-160, which pertained to the gas code, and derived from Ord. No. 25-92, 23,
§ 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(7), adopted April 22, 1996, and Ord. No.
25-98-30, § 1, adopted June 22, 1998.
Supp. No. 35 421
§ 6-161 ATLANTIC BEACH CODE
ARTICLE X. AMUSEMENT DEVICE CODE
Sec. 6-161. Adopted.
There is hereby adopted for the purpose of establishing rules and regulations for the
construction, alteration, removal, demolition, equipment, use and occupancy, location and
maintenance of buildings and structures, including permits and penalties, the Standard
Amusement Device Code, 1997 edition.
(Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(8), 4-22-96; Ord. No. 25-98-30, § 1,
6-22-98)
Note—See editor's note, § 6-16.
[The next page is 469]
Supp. No. 35 422
Art. I.
Art. II.
Chapter 7
FIRE PREVENTION AND PROTECTION*
In General, §§ 7-1-7-15
Fire Prevention and Life Safety, §§ 7-16-7-42
ARTICLE I. IN GENERAL
Sec. 7-1. Title.
The provisions of this chapter shall constitute and shall hereafter be known as the "Fire
Protection and Life Safety Code of the City of Atlantic Beach, Florida."
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-2. Reward for information.
The city may pay when authorized by the city manager as a reward to any person an amount
not to exceed one hundred dollars ($100.00) for any one (1) occurrence, for information leading
to the arrest and conviction of any person found guilty of maliciously setting a fire within the
city.
(Ord No. 57-97-20, § 1, 8-11-97)
Secs. 7-3-7-15. Reserved.
ARTICLE II. FIRE PREVENTION AND LIFE SAFETY
Sec. 7-16. Purpose and intent.
(a) The purpose and intent of this article is to prescribe minimum requirements and
controls to safeguard lives, property and public welfare from the hazards of fire and explosions.
This will include identifying and correcting hazardous conditions resulting from improper
storage, handling, and use of substances, materials or devices. It will also include inspections
and evaluations of the designs, uses or occupancies of buildings, structures, sheds, tents, lots,
or any other premises within the jurisdiction of the city and identified by City Code.
*Editor's note—Ord. No. 57-97-20, § 1, adopted Aug. 11, 1997, amended Ch. 7 in its
entirety to read as herein set out. The former Ch. 7, §§ 7-1 and 7-16-7-20, pertained to similar
subject matter and derived from Code 1970, §§ 9-2-9-4, 9-6-9-8; Ord. No. 57-89-15, § 1, April
24, 1989; and Ord. No. 25-96-28, § 1(11), adopted April 22, 1996.
Cross references—Fire department, § 2-61 et seq.; buildings and building regulations, Ch.
6; signs and advertising structures as fire hazards, § 17-4; signs and advertising structures
obstructing doors, windows and fire escapes, § 17-6.
State law references—Fire prevention and control, F.S. Ch. 633; local fire chief authorized
to enforce laws and rules of state fire marshal, F.S. § 633.121; explosives, F.S. Ch. 552;
procedure to lawfully burn land, F.S. § 590.12; sale of fireworks, F.S. Ch. 791.
Supp. No. 35 469
§ 7-16 ATLANTIC BEACH CODE
(b) The provisions of this article shall apply to existing conditions as well as to conditions
arising after adoption thereof. Prior to applying the requirements of this article to an existing
condition, the fire official shall determine that a threat to life, safety or property exists. If such
a threat exists, the fire official shall apply the appropriate provision of this article to the extent
practical to assure that a reasonable degree of life, safety and property protection is
maintained.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-17. Definitions.
[The following definitions, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning.]
Authority having jurisdiction shall mean the fire official of the city, as defined in that certain
code known as the Florida Fire Prevention Code referenced in section 7-18 of this chapter.
Complete automatic sprinkler system shall mean a complete automatic sprinkler system as
described in the applicable National Fire Protection Association (NFPA) standards.
Fire official shall mean the chief of the fire department or his/her designee.
Gross floor area shall mean the area within the inside perimeter of the outside walls of the
building under consideration with no deduction for hallways, stairs, closets, thickness of the
interior walls, columns or other features.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(1), 2-25-08)
Sec. 7-18. Codes adopted.
(a) The following model codes are adopted in their entirety as additions to the text of this
article. The text of these adopted model codes shall be fully enforceable as other regulations
adopted under the provisions of this article as if the same were incorporated and set forth at
length herein. Model codes adopted pursuant to this article shall not waive any provisions of
this chapter or be less restrictive than its provisions.
(1) Standard International Fire Code, most recent edition, as published by the Southern
Building Code Congress International, Inc.
(2) International Fire Code, most recent edition, as published by the National Fire
Protection Association, Inc.
(b) One (1) copy of the adopted model codes has been and is filed in the office of the city
clerk.
Note: Cross references and state law references stay as they appear in the current code.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § 2.A.(2),
2-25-08)
Supp. No. 35 470
FIRE PREVENTION AND PROTECTION § 7-21
Sec. 7-19. Inspection.
(a) The fire official shall cause to be inspected all buildings and premises ( other than one -
and two-family dwellings) including such other hazards or material items for the purpose of
ascertaining and causing to be corrected conditions which would reasonably tend to cause fire
or contribute to its spread, or any violation of the purpose or provisions of this article and of
any other law or standard affecting fire safety.
(b) When an apparent structural hazard is caused by the faulty installation, or malfunction
of any of the items or devices listed in section 7-23, the fire official shall immediately order the
correction of the hazards as required by this article and shall notify the building official of such
hazards for correction under Chapter 6 of this Code.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-20. Right of Entry.
(a) To the full extent permitted by law, the fire official, engaged in fire prevention and
inspection work, is authorized at all reasonable times to enter and examine any building,
structure, marine vessel, vehicle, or premises for the purpose of making fire safety inspections.
Before entering a private building or dwelling, the fire official shall obtain the consent of the
occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection
except in the instances where an emergency exists. As used in this section, "emergency" means
circumstances that the fire official has reason to believe exist, and may constitute immediate
danger to life and property.
(b) Persons authorized to enter and inspect buildings, structures, marine vessels, vehicles,
and premises as herein set forth shall be identified by proper credentials issued by the city.
(c) It shall be unlawful for any person to interfere with the fire official carrying out any
duties or functions prescribed by this article.
(d) It shall be unlawful for any unauthorized person to use an official badge, uniform, or
other credentials to impersonate a fire official for the purpose of gaining access to any building,
structure, marine vessel, vehicle, or premises in this jurisdiction.
(e) No person, owner or occupant of any building or premises shall fail, after proper
credentials are displayed, to permit entry into any building or onto any property by the fire
official for the purpose of inspections pursuant to the [this] chapter.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-21. Notice to eliminate dangerous conditions.
(a) Whenever the fire official shall find in any building, or upon any premises, dangerous or
hazardous conditions or materials as follows, there shall be issued such notice or orders to
remove or remedy the conditions as may be necessary for the protection of life and property
from fire and smoke:
(1) Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous
materials;
Supp. No. 35 471
§ 7-21 ATLANTIC BEACH CODE
(2) Hazardous conditions arising from defective or improperly installed equipment for
handling or using explosive or otherwise hazardous materials;
(3) Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly
combustible materials;
(4) Accumulations of dust or waste material in air conditioning or ventilation, systems or
of grease in kitchen or other exhaust ducts or inadequate clearness to unprotected
combustible material from hoods, grease extractors and ducts;
(5) Obstruction to or on fire escapes, designated access openings in exterior walls for fire
department use, stairs, passageways, doors, or windows, liable to interfere with the
operations of the fire department or egress of occupants in case of fire;
(6) Any building or other structure which, for lack of adequate exit facilities, automatic or
other fire alarm apparatus or fire extinguisher, or equipment, creates a hazardous
condition.
(b) Whenever the fire official deems any chimney, smokestack, stove, oven, incinerator,
furnace or other heating device, electric fixture or any apparatus thereto, regulated under a
nationally approved standard as adopted by section 7-18 in or upon any building, structure, or
premises not specifically mentioned in this article, to be defective or unsafe so as to create an
immediate hazard, he shall serve upon the owner or the person having control of the property,
a written notice to repair or alter as necessary and shall notify any other authority enforcing
codes regulating such equipment. He may affix a condemnation tag prohibiting the use thereof
until such repairs or alterations are made. When affixed, such tag may be removed only by
°rapr of siicb fire official or hicfher aiithori7ed re tresentativve and may be removed only
when the hazard to which the order pertains has been eliminated in an approved manner.
Until removed, that item or device which has caused the hazard shall not be used or be
permitted to be used.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(3), 2-25-08)
Sec. 7-22. Service of orders.
The service of orders for the correction of violations of this article shall be made upon the
owner, occupant or other person responsible for the conditions, either by delivering a copy of
same to such person or by delivering the same to and leaving it with any person in charge of
the premises, or in case no such person is found upon the premises, by affixing a copy thereof
in a conspicuous place on the door to the entrance of the said premises. Whenever it may be
necessary to serve such an order upon the owner of the premises such order may be served
either by delivering to and leaving with the said person a copy of the said order, or, if such
owner is absent from the jurisdiction of the officer making the order by sending such copy by
certified or registered mail to the owner's last known post office address.
(Ord No. 57-97-20, § 1, 8-11-97)
Supp. No. 35 472
FIRE PREVENTION AND PROTECTION § 7-26
Sec. 7-23. Compliance.
Any order or notice issued or served as provided in this article shall be complied with by the
owner, operator, occupant or other person responsible for the condition or violation to which
the order or notice pertains. Every order or notice shall set forth a time limit for compliance
dependant upon the hazard and danger created by the violation.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-24. Authority to require exposures or stop work.
(a) Whenever any installation that is subject to inspection prior to use is covered or
concealed without having first been inspected, the fire official may require by written notice
that such work be exposed for inspection. The fire official shall be notified when the
installation is ready for inspection and the fire official shall conduct the inspection within a
reasonable period of time.
(b) When any construction or installation work is being performed in violation of the plans
and specifications as approved by the fire official, a written notice shall be issued to the
responsible party to stop work on that portion of the work that is in violation. The notice shall
state the nature of the violation, and no work shall be continued on that portion until the
violation has been corrected.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-25. Appeals.
(a) Any person aggrieved by an order issued under this article may appeal such order in
accordance with the procedures established in the International Fire Code, as adopted in
section 7-18 of this article.
(b) In the event of a conflict between the Building Code as established in Chapter 6 of the
City Code of Ordinances, and this article, it shall be resolved in accordance with F.S. § 553.73.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(4), 2-25-08)
Sec. 7-26. Summary Abatement.
(a) The fire official shall have the authority to summarily abate any condition that is in
violation of any provision of this chapter and that presents an immediate hazard to life and
property.
(b) When, in the opinion of the fire official, there is actual danger to the occupants or those
in proximity of any building, structure or premises because of unsafe structural conditions or
inadequacy of any exit way, the presence of explosives, explosive fumes or vapors, flammable
liquids, vapors, gases or materials, the fire official may order the immediate evacuation of such
building, structure or premises and no one shall enter or reenter until authorized to do so by
Supp. No. 35 473
§ 7-26 ATLANTIC BEACH CODE
the fire official. In addition, the fire official may order the disconnection of electric and gas
utility services from such building, structure or premises and no one shall reconnect utility
services until authorized to do so by the building official.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-27. Penalties and other remedies for violations.
(a) Failure to comply with any provision of this article or any lawful order of the fire official
shall constitute a misdemeanor of the second degree, punishable by a fine of not more than five
hundred dollars ($500.00), or by imprisonment for not more than ten (10) days, or by both a
fine and imprisonment. Each day that a violation continues shall be a separate offense, in
accordance with F.S. § 633.171, as it currently exists or subsequently amended.
(b) The city may use any appropriate actions or proceeding at law or in equity for the
enforcement of this chapter, and any court of competent jurisdiction shall have the right to
issue restraining orders, temporary or permanent injunctions or mandamus or other appro-
priate forms of remedy or relief.
(c) The city may enforce this chapter using the proceedings set forth in Chapter 2,
Administration, Article V, Division 2, Code Enforcement Board, of the City Code of Ordinances,
as prescribed in F.S. Ch. 162.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(5), 2-25-08)
Sec. 7-28. Authority to investigate fires.
(a) The fire official shall investigate the cause, origin and circumstances of each and every
fire occurring in the city involving the loss of life or injury to persons, or destruction or damage
to property. A written report shall be made of all facts and findings in relation to each fire
investigation.
(b) If it appears that the fire is of suspicious origin, the fire official shall immediately notify
the police department and shall assist the police department as necessary in its investigation.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-29. Key vault requirement.
The fire official may require the installation and maintenance of a key vault security system
in such buildings or structures where security precautions and protective devices may
unreasonably delay the entry of the fire department in time of emergency.
(Ord No. 57-97-20, § 1, 8-11-97)
Supp. No. 35 474
FIRE PREVENTION AND PROTECTION § 7-32
Sec. 7-30. Fees.
Permits and fees: All fees for the following shall be as established from time to time by the
Jacksonville Fire Department of the City of Jacksonville, Florida. An additional administra-
tive fee of thirty-five dollars ($35.00) shall be paid to the City of Atlantic Beach for any of the
below -listed inspections and permits:
Permit Fees
(1) Fire safety inspection for the purpose of obtaining an occupational license;
(2) Plans review and final inspection for certificate of occupancy;
(3) Fire safety re -inspections;
(4) Annual fire safety inspection;
(5) Fire alarm annual inspection;
(6) Fire standpipe annual inspection;
(7) Fire sprinkler system annual inspection;
(8) Fire suppression hood systems annual inspection;
(9) Open burning, each permit;
(10) Flammable/combustible storage (annual);
(11) Flammable/combustible spraying or dipping (annual);
(12) Storage/sales fireworks, each permit;
(13) Fumigation, each permit;
(14) Hazardous materials storage/use (annual);
(15) High piled combustible storage (annual);
(16) Liquefied and other compressed gases (annual);
(17) Any other required permit as prescribed by the Standard Fire Prevention Code.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(6), 2-25-08)
Sec. 7-31. Reserved.
Editor's note—Section 2.B. of Ord. No. 25-08-38, adopted Feb. 25, 2008, deleted § 7-31,
which pertained to automatic sprinkler requirements and derived from Ord. No. 57-97-20,
adopted Aug. 11, 1997.
Sec. 7-32. Building permits.
A permit (other than one -family and two-family dwellings) for construction, erection,
alteration, repair or demolition shall not be issued until the fire official has reviewed the plans
and specifications for such proposal and the fire official has found the plans to be in compliance
with this article and F.S. Chs. 553 and 633.
(Ord No. 57-97-20, § 1, 8-11-97)
Supp. No. 35 475
§ 7-33 ATLANTIC BEACH CODE
Sec. 7-33. Smoke detection power source.
All smoke detectors installed to protect sleeping areas shall be powered by a permanent
connection to an AC power source with a battery backup.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-34. Hazardous materials identification and information.
(a) There is hereby adopted by the city for the purpose of prescribing regulations to identify
hazardous materials manufacturing, storage and use facilities that certain code known as
NFPA 704 "Identification of the Fire Hazards of Materials," 1994 edition, as subsequently
amended, of the National Fire Protection Association. One (1) copy of the subject code has been
and is filed in the office of the city clerk and the same is hereby adopted and incorporated as
fully as if set out at length herein, and from the effective date of this section, the provisions of
said standard shall control within the limits of the city.
(b) The fire official may require the installation of a weatherproof box containing up-to-date
hazardous materials safety data sheets, on the extension of such buildings or structures that
contain quantities of hazardous materials. It shall be the responsibility of the occupants
storing, handling or using the hazardous materials to maintain this information as correct.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(7), 2-25-08)
Sec. 7-35. Fire hydrants and fire department connections.
(a) All new buildings or structures, except one- and two-family units shall be protected by
a fire hydrant connected to a public water main capable of supplying the necessary water for
fire protection. Such fire hydrant shall be located within three hundred (300) feet of the
protected building and shall be arranged so that hose may be distributed to any portion of the
building at distances not exceeding four hundred (400) feet.
(1) Access to hydrant.
a. Three-foot radius clear lane to the street.
b. Fire department connections within fifty (50) feet and same side of street as the
hydrant.
(2) Access to building by fire department apparatus.
a. Street. Thirty -eight -foot inside and fifty -foot outside turning radius.
b. Parking lot. Twenty three feet and two inches (23'2") inside turning radius and
forty -foot outside.
(3) Fire lanes must be marked and posted by the owner/occupant.
a. Curb must be marked.
b. Signs seventy-five (75) feet apart not more than seven (7) feet in height to the
bottom of the sign, the size of the sign must be eighteen (18) by twenty-four (24)
inches with white background.
Supp. No. 35 476
FIRE PREVENTION AND PROTECTION § 7-38
(b) The fire official may modify this requirement when automatic fire sprinkler protection
is provided.
(c) The cost of fire hydrant protection and necessary water system extension shall be the
responsibility of the developer.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-36. Open burning.
(a) There shall be no open burning in the city without first obtaining a permit from the fire
official and paying the appropriate permit fee.
(b) Anyone failing to comply with the provisions of this article are subject to fines and
penalties as set forth in section 7-27 of this article.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-37. Street address identification.
The street address shall comply with Chapter 6 of the City Code of Ordinances.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-38. Permits and certificates.
(a) A permit shall constitute permission to maintain, store or handle materials, or to
conduct processes which produce conditions hazardous to life or property, or to install
equipment used in connection with such activities as referenced in International Fire Code.
(b) Such permit shall not be a substitute for any license required by law. A permit shall not
be transferable and any change in use as occupancy of a building or premises shall require a
new permit.
(c) A permit shall continue until revoked or for such a period of time as designated at time
of issuance.
(d) Inspection before issue.
(1) Before a permit may be issued, the fire official shall inspect and approve the
receptacles, vehicles, buildings, structures, or storage areas to be used and the owner
or occupant shall verify to the fire official that a certificate of occupancy has been
issued by the building official for that occupancy classification.
(2) In cases where laws or regulations enforceable by departments other than the fire
department are applicable, joint approval shall be obtained from all departments
concerned.
(e) Applying for a permit. The application for a permit shall be made in the form prescribed
by the fire official and contain the following information:
(1) The signature of the applicant.
Supp. No. 35 477
§ 7-38 ATLANTIC BEACH CODE
(2) A statement of the intended use of the building or structure or operation to be
conducted on the premises.
(3) Plans when required by the fire official.
(f) Conditions of permits.
(1) The fire official shall act upon a application for permit without unreasonable delay and
when issued such permit shall remain on the premises designated therein and shall at
all times be subject to inspection.
(2) Whenever the provision of this code requires more than one (1) permit for the same
establishment or location, such permits may be combined into a single permit, but each
provision shall be listed in the permit.
(g) Compliance with permit. All permits issued under this Code shall require that the
applicant, his agents and employees shall carry out the proposed activity in compliance with
all the requirements of this Code and any other laws or regulations applicable thereto,
whether specified in the permit or not in complete accordance with the approved plan and
application.
(h) Revocation of permit. The fire official may revoke a permit issued under this code when
it is found by inspection or otherwise that any one (1) of the following conditions exist:
(1) The permit is used for a location or establishment other than that for which it was
issued.
(2) The permit is used for a condition or activity other than that listed in the permit.
(3) Conditions and limitations set forth in the permit have been violated.
(n) There have �i false statements or misrepresentation as to a material fact in the
application for permit or plans submitted or a condition of the permit.
(5) The permit is used by a different person or firm other than the name for which it was
issued.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(7), 2-25-08)
Sec. 7-39. Fireworks.
(a) [Fireworks] shall be regulated in accordance with F.S. Ch. 791 and Chapter 4A-50
Division of State Fire Marshal Uniform Fire Safety Rules and Standards.
(b) Anyone wishing to sell approved fireworks within the city shall meet and conform to the
following:
(1) Meet all requirements of F.S. Ch. 791;
(2) Obtain a permit from the fire official;
(3) Conform to the provisions of approved permit; and
(4) Any other requirement by City Ordinance not covered in this chapter.
Supp. No. 35 478
FIRE PREVENTION AND PROTECTION § 7-42
(c) Storage of approved fireworks shall be at the decision of the fire official and shall meet
the following minimum requirements:
(1) Fireworks may be stored/sold inside structures only if the structure is equipped with
an approved automatic extinguishing system and shall be limited to fifty (50) pounds
(of total package weight).
(2) Fireworks stored outside of a structure shall be placed in a container not less than one
hundred (100) feet from any occupied structure as approved by the fire official.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-40. Occupant load/overcrowding.
(a) Signs stating the maximum occupant content shall be conspicuously posted by the
owner/occupant of the building in each assembly room, auditorium or room used for a similar
purpose. It shall be unlawful to remove or deface such notice.
(b) No person shall permit overcrowding or admittance of any person beyond the approved
capacity of any place of public assembly. The fire official or police department, upon finding any
overcrowded conditions or obstructions in aisles, passageways or other means of egress, or
upon finding any condition which constitutes a serious menace to life, shall cause the
performance, presentation, spectacle or entertainment to be stopped until such condition or
obstruction is corrected. (Refer to Life Safety Code for calculating occupant load associated
with the use.)
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-41. False silent alarms.
(a) Any person knowingly communicating by any means, or otherwise turning in, causing
to be made a false alarm, including but not limited to audible or visual alarms, to the police
department, fire department, or to any person engaged in the business of receiving and
reporting silent alarms to the police or fire department shall be in violation of this section for
making in excess of two (2) false alarms, per quarter of any calendar year.
(b) Any person or property owner after two (2) false alarms per quarter, shall be in violation
of this section and shall be charged an administrative fee of fifty dollars ($50.00) to cover the
cost of personnel and apparatus for each violation. Each additional false alarm after the two
(2) per quarter allowance shall be considered a separate violation of this section.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-42. Modifications.
The chief of the fire department shall have power to modify any of the provisions of the fire
prevention code adopted by this article upon application in writing by the owner or lessee, or
his duly authorized agent, when there are practical difficulties in the way of carrying out the
strict letter of the code, provided that the spirit of the code shall be observed, public safety
Supp. No. 35 479
§ 7-42 ATLANTIC BEACH CODE
secured and substantial justice done. The particulars of such modification, when granted or
allowed and approved by the public safety director and city manager, the decision shall be
entered upon the records of the city, and a signed copy shall be furnished to the applicant.
(Ord No. 57-97-20, § 1, 8-11-97)
Supp. No. 35 480
[The next page is 5211
FLOOD HAZARD AREAS § 8-5
Area of shallow flooding means a designated AO or VO Zone on a community's flood
insurance rate map (FIRM) with base flood depths from one to three (3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
Area of special flood hazard is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year.
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year.
Basement means that portion of a building having its floor subgrade (below ground level) on
all sides.
Breakaway wall means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundation
system.
Building means any structure built for support, shelter, or enclosure for any occupancy or
storage.
Coastal high hazard area means the area subject to high velocity waters caused by, but not
limited to, hurricane wave wash. The area is designated on a FIRM as Zones VI — 30, VE or
V.
Development means any manmade change to improved or unimproved real estate, includ-
ing, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, or permanent storage of materials.
Elevated building means a nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter walls, pilings, columns
(posts and piers), shear walls, or breakaway walls.
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special flood
hazard have been defined as Zone A.
Flood insurance rate map (FIRM) means an official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
Supp. No. 35 523
§ 8-5 ATLANTIC BEACH CODE
Flood insurance study is the official report provided by the Federal Emergency Management
Agency. This report contains flood profiles, as well as the flood boundary-floodway map and the
water surface elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floor means the top surface of an enclosed area in a building (including basement), i.e., top
of slab in concrete slab construction or top of wood flooring in wood frame construction. The
term does not include the floor of a garage used solely for parking vehicles.
Freeboard is a factor of safety usually expressed in feet above the base flood elevation (BFE).
In the City of Atlantic Beach, freeboard is two and one-half (2.5) feet.
Functionally dependent facility means a facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship
repair, or seafood processing facilities. The term does not include long-term storage, manu-
facture, sales, or service facilities.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
Lowest floor means the lowest floor of the area's lowest enclosed area (including basement)
of a building. An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement, is not considered a buildings
lowest floor, provided that such enclosure is not built so as to render the structure in violation
of the nonelevation design standards of this chapter. Structures mean a walled and roofed
building that is principally above ground, a manufactured home, or a gas or liquid storage
tank.
Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for
a copious development of interlacing adventitious roots above the ground and which contain
one or more of the following species: Black mangrove (Avicennia nitida); red mangrove
(Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus
erecta).
Mean sea level means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this chapter
the term is synonymous with national geodetic vertical datum (NGVD).
Manufactured home means a structure, transportable in one or more, sections, which is
built on a permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term also includes park trailers, travel trailers,
and similar transportable structures placed on a site for one hundred eighty (180) consecutive
days or longer and intended to be improved property.
Supp. No. 35 524
FLOOD HAZARD AREAS § 8-6
National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control used as
a reference for establishing varying elevations within the floodplain.
New construction means structures for which the "start of construction" commenced on or
after the effective date of this chapter.
Sand dunes means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Start of construction, for other than new construction or substantial improvements under
the Coastal Barrier Resources Art (P.L. 97-348), includes substantial improvement, and means
the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within one hundred eighty (180) days of the permit date.
The actual start means the first placement of permanent construction of a structure (including
a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent construction does not include land prepara-
tion, such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure.
Structures means a walled and roofed building that is principally above ground, a
manufactured home, or a gas or liquid storage tank.
Substantial improvement means any repair, reconstruction, alteration, or improvement to a
structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure, either (1) before the improvement or repair is started, or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however, include any project for
improvement of a structure required to comply with existing health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions.
Variance is a grant of relief from the requirements of this chapter which permits
construction in a manner otherwise prohibited by this chapter where specific enforcement
would result in unnecessary hardship.
(Ord. No. 25-87-20, § 1 (Art. 2), 3-23-87; Ord. No. 25-03-34, §§ 1, 2, 9-22-03; Ord. No. 25-08-38,
§ 3.A., 2-25-08)
Sec. 8-6. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of
Atlantic Beach, Florida.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.01), 3-23-87)
Supp. No. 35 525
§ 8-7 ATLANTIC BEACH CODE
Sec. 8-7. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency
in its Flood Insurance Study/Flood Insurance Rate Map, dated April 17, 1989, with accompa-
nying maps and other supporting data, and any revision thereto, are adopted by reference and
declared to be a part of this chapter.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.02), 3-23-87; Ord. No. 25-03-34, § 1, 9-22-03)
Sec. 8-8. Compliance.
No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this chapter and other applicable regulations.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.04), 3-23-87)
Sec. 8-9. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and an ordinance conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. No. 25-87-20, § 1 (Art. 3 § 8-3.05), 3-23-87)
Sec. 8-10. Interpretation.
In the interpretation and application of this chapter, all provisions shall be: (1) Considered
as minimum requirements; (2) liberally construed in favor of the governing body; and (3)
deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.06), 3-23-87)
Sec. 8-11. Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger floods can
and will occur on rare occasions. Flood heights may be increased by manmade or natural
causes. This chapter does not imply that land outside the areas of special flood hazard or uses
permitted within such areas will be free from flooding or flood damages. This chapter shall not
create liability on the part of Atlantic Beach or by any officer or employee thereof for any flood
damages that result from reliance on this chapter or any administrative decision lawfully
made thereunder.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.07), 3-23-87)
Sec. 8-12. Penalties for violation.
Violation of the provisions of this chapter or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall constitute a misdemeanor. Any person who violates this
chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined
not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days,
Supp. No. 35 526
FLOOD HAZARD AREAS § 8-22
or both, and in addition, shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense. Nothing herein contained shall
prevent the city from taking such other lawful action as is necessary to prevent or remedy any
violation.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.08), 3-23-87)
Secs. 8-13-8-20. Reserved.
ARTICLE II. ADMINISTRATION
Sec. 8-21. Local floodplain administrator.
The local floodplain administrator, who is the city's building official unless otherwise
designated by the city manager, is hereby appointed to administer and implement the
provisions of this chapter.
(Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.01), 3-23-87; Ord. No. 25-08-38, § 3.B.(1), 2-25-08)
Sec. 8-22. Same—Duties and responsibilities.
Duties of the local floodplain administrator shall include, but not be limited to:
(1) Review all development permits to assure that the permit requirements of this chapter
have been satisfied.
(2) Advise permittee that additional federal or state permits may be required, and if
specific federal or state permit requirements are known, require that copies of such
permits be provided and maintained on file with the development permit.
(3) Notify adjacent communities and the Florida Department of Community Affairs prior
to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, in accordance
with subsection 8-24(b).
(6) Verify and record the actual elevation (in relation to mean sea level) to which the new
or substantially improved structures have been floodproofed, in accordance with
subsection 8-24(b).
(7) In coastal hazard areas, certification shall be obtained from a registered professional
engineer or architect that the structure is designed to be securely anchored to
adequately anchored pilings or columns in order to withstand velocity waters and
hurricane wave wash.
Supp. No. 35 527
§ 8-22 ATLANTIC BEACH CODE
(8) In coastal hazard areas, the local floodplain administrator shall review plans for
adequacy of lattice or screening in accordance with subsection 8-32(e)(8).
(9) When floodproofing is utilized for a particular structure, the local floodplain admin-
istrator shall obtain certification from a registered professional engineer or architect,
in accordance with subsection 8-32(b).
(10) Where interpretation is needed as to the exact location of boundaries of the areas of
special flood hazard (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the local floodplain administrator shall
make the necessary interpretation. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in this
article.
(11)
When base flood elevation data or floodway data have not been provided in accordance
with section 8-7, then the local floodplain administrator shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a federal,
state or other source, in order to administer the provisions of article III.
(12) All records pertaining to the provisions of this chapter shall be maintained in the office
of the local floodplain administrator shall be open for public inspection.
(Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.03), 3-23-87; Ord. No. 25-08-38, § 3.B.(2), 2-25-08)
Sec. 8-23. Development permit—Established.
A development permit shall be required in conformance with the provisions of this chapter
prior to the commencement of any development activities.
(Ord. No. 25-87-20, § 1 (Art. 3, § 8-3.03), 3-23-87)
Sec. 8-24. Same—Application procedure.
Application for a development permit shall be made to the planning and development
director on forms furnished by him or her prior to any development activities, and may include,
but not be limited to, the following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the
following information is required:
(a) Application stage.
(1) Elevation in relation to mean sea level of the proposed lowest floor (including
basement) of all structures;
(2) Elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed;
(3) Certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure will meet the floodproofing criteria in section 8-32(b);
Supp. No. 35 528
FLOOD HAZARD AREAS § 8-24
(4) Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development; and
(b) Construction stage. Provide a floor elevation or floodproofing certification after the
lowest floor is completed, or in instances where the structure is subject to the regulations
applicable to coastal high hazard areas, after placement of the horizontal structural members
of the lowest floor. Upon placement of the lowest floor, or floodproofing by whatever
construction means, or upon placement of the horizontal structural members of the lowest
floor, whichever is applicable, it shall be the duty of the permit holder to submit to the planning
and development director a certification of the elevation of the lowest floor, floodproofed
elevation, or the elevation of the lowest portion of the horizontal structural members of the
lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification
shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same. When floodproofing is utilized for a particular
building, said certification shall be prepared by or under the direct supervision of a
professional engineer or architect and certified by same. Any work undertaken prior to
submission of the certification shall be at the permit holder's risk. The planning and
development director shall review the floor elevation survey data submitted. Deficiencies
detected by such review shall be corrected by the permit holder immediately and prior to
further progressive work being permitted to proceed. Failure to submit the survey or failure to
make said corrections required hereby, shall be cause to issue a stop -work order for the project.
(Ord. No. 25-87-20, § 1 (Art. 4, § 8-4.02), 3-23-87)
Supp. No. 35 528.1
Chapter 12
NUISANCES*
Sec. 12-1. Enumeration.
(a) It shall be unlawful for any person or business, to do, perform, have, allow, suffer or
permit any act, occurrence or condition within the city which constitutes a dangerous, unsafe,
dilapidated or unsanitary condition, which may be injurious to the health and well-being of the
community.
(b) It is hereby declared to be a nuisance, the enumerations of which are merely indications
of the nature and type of acts, occurrences and conditions, and shall not be deemed to be
exclusive:
(1) For any person to cause or allow any animal carcass or any filth or substance to be
collected, deposited, or to remain in any place to the detriment of public health.
(2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or
remain on or in any public or private property, house or building, sewer, or gutter, any
filth, or rubbish of any kind.
(3) For any person to allow, suffer or permit any lot, premises, or place of any kind
whatsoever to become neglected so as to become a detriment to public health by the
depositing of filth or rubbish of any kind.
(4) For any person to allow, suffer or permit stagnant water to accumulate either above or
below the ground, or to allow the propagation of mosquitoes therein.
(5) For any person to keep, herd, and feed any large animals such as but not limited to
hogs, horses, and goats or any small animals in any manner which may be injurious to
the health and well-being of any person due to noxious odors, noise, etc.
(6) For any person not to post, secure, or safeguard any hazardous condition which may
prove detrimental to any human being, whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes any abandoned wells, shafts,
basements, excavations, construction sites, as well as structurally unsound fences or
structures.
(7) For any person, either as the owner or occupant of a building, structure, or property to
utilize the premises of the property for the open storage of any abandoned or
inoperable motor vehicles, refrigerators or other appliances, household furniture,
glass, building material, building rubbish, or similar items.
*Cross references—Nuisance control board, § 2-161 et seq.; noise, Ch. 11; abandoned,
wrecked, junked, inoperable, etc., vehicles, § 21-24.
State law references—Abatement of nuisances by injunction, F.S. § 60.05; nuisances
injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823.
Supp. No. 35 735
§ 12-1 ATLANTIC BEACH CODE
(8) For any person to allow, suffer or permit any building or structure which, by storm
damage, fire, decay or other cause to become structurally dangerous, unsafe, dilapi-
dated, unsanitary, or vermin infested so that it creates a hazard to the health or safety
of the occupants or the public.
(9) For any business owning shopping carts to allow such carts to be removed from its
premises unless a written policy is in place for the effective retrieval of such carts. The
written policy must include provisions for retrieval of shopping carts from public
rights-of-way, apartment complexes, undeveloped lots, or other areas within the city,
and for retrieval of shopping carts when brought to the attention of the owner by way
of complaints from the public or the city.
(10) For any person to cause or allow excessive amounts of dirt, debris, or any other
substance to collect in any gutter or catch basin, or to accumulate on any street,
causing the street to become obstructed, uneven or defaced.
(11) For any person or business to allow vegetation other than cultivated plants, shrubs, or
trees to exceed a height of more than twelve (12) inches on any developed lot, or within
twenty (20) feet of any occupied residential property, business property, or city
right-of-way.
(12) For any person to discharge water from a water -source heat pump onto a public street
or storm drainage system unless such discharge is approved by the city.
(13) For any person to allow a building or structure to be partially demolished or partially
constructed, and to then allow such condition to exist, without any demolition or
construction activity, for a period of six (6) months.
a. The owner of any such property may request an extension of a city -issued
demolition or building permit from the building official. The decision of the
building official may be appealed to the city commission by written request
within twenty (20) days of the decision.
b. When any demolition project is completed according to a city -issued permit which
results in partially demolished buildings or structures remaining, then in that
event the owner must commence construction/rebuilding activities within six (6)
months of completion of the demolition.
c. Any partially demolished or partially constructed building or structure that
remains for six (6) months without any activity (activity shall mean passing at
least one city construction inspection) is hereby deemed to be an eyesore, creating
a situation or condition that adversely affects the aesthetic appeal of the city, and
shall therefore constitute a nuisance subject to the requirements of this chapter.
Any action taken by the city pursuant to this chapter against any such property
shall be for the purpose of protecting the appearance and public health of the city.
(14) Nuisances.
a. Animals shall not be kept on property in a manner that causes any one (1) or
more of the following: creates unsanitary conditions; is a source of infestation by
Supp. No. 35 736
NUISANCES § 12-2
insects or rodents; creates physical conditions that endanger the health or safety
of humans, that are detrimental to property values, or that tend to degrade the
appearance of a neighborhood.
b. Whenever an animal defecates upon any property not owned, leased, rented, or
otherwise in the care, custody or control of the animal's owner, the animal's owner
shall immediately remove and properly dispose of feces. The only exception is by
permission of the property owner.
c. An owner shall remove and properly dispose of feces and other animal wastes on
owner's property so as to avoid noxious and nauseous odors that are irritating,
annoying or offensive to a person of normal sensibilities; or that are injurious to
human, plant or animal life; or that reasonably interfere with the use and
enjoyment of property.
d. It shall be unlawful for the owner, or any person having temporary custody, of an
animal or animals to permit the animal(s), either willfully or through failure to
exercise due care or control, to commit a nuisance by running at large habitually;
by chasing or running after vehicles or persons habitually; by trespassing upon
public or private school grounds habitually; by trespassing upon private property
habitually and interfering with the reasonable use and enjoyment of the
property; by barking habitually, or by making other objectionable animal noises
habitually; or by doing any other thing habitually which is so offensive as to
create a nuisance. For purposes of this section, "habitually" means at least two (2)
separate occurrences within a time period of no more than one (1) month; except
that barking habitually or making other objectionable animal noises habitually
means making the sound persistently or continuously for at least thirty (30)
minutes occurring at least three (3) separate times within a period of no more
than thirty (30) days.
(Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90; Ord. No. 95-02-80, § 1, 11-11-02;
Ord. No. 95-04-88, 7-26-04; Ord. No. 25-08-38, § 4, 2-25-08; Ord. No. 95-08-95, § 2, 3-27-08)
Sec. 12-2. Notices, hearings, abatement of conditions.
(a) Whenever it is determined by the city manager or his designee after investigation that
any acts, occurrences or conditions prohibited by section 12-1 have happened or exist within
the city, the city manager or his designee may, by order in writing, direct any nuisance
affecting the sanitary condition of the city or the public health of the city to be abated. The
order shall be served upon the owner or occupant or person having the care or custody of the
particular property. Where formal notification cannot be served upon the owner, occupant or
custodian or public safety precludes the use of certified mail, the order shall be posted in a
conspicuous place upon the premises.
(b) Upon written notification, or the posting of the property, and within the time allotted for
correction, the owner and/or occupant of the property may make written request to the city
commission for a hearing before that body to show that the condition does not constitute a
public nuisance. At the hearing, the city and the property owner and/or occupant may
introduce such evidence as deemed necessary.
Supp. No. 35 737
§ 12-2 ATLANTIC BEACH CODE
(c) If within the time allotted, the condition described in the notice has not been remedied,
the city manager or his designee shall cause the condition to be remedied by the city at the
expense of the property owner and/or occupant. If a hearing has been held and has concluded
adversely to the property owner and/or occupant, the city manager or his designee may cause
the condition to be remedied by the city at the expense of the property owner and/or occupant
unless the city commission otherwise directs.
(d) After causing the condition to be remedied, the city manager or his designee shall certify
to the director of finance the expense incurred in remedying the condition, whereupon the
expense plus a charge equal to one hundred (100) percent of the expense to cover city
administrative expenses shall become payable within thirty (30) days, after which a special
assessment lien and charge will be made upon the property which shall be payable with
interest at the rate of ten (10) percent per annum from the date of the certification until paid.
The lien shall be enforceable in the same manner as a tax lien in favor of the city and may
be satisfied at any time by payment thereof including accrued interest. Notice of the lien may
be filed in the office of the city clerk.
(Ord. No. 55-82-20, § 2, 3-22-82; Ord. No. 95-04-88, 7-26-04)
Sec. 12-3. Reserved.
Editor's note—Ord. No. 95-04-88, adopted July 26, 2004, repealed § 12-3 which pertained
to penalties for violation of this chapter and derived from Ord. No. 55-82-20, § 3, 3-22-82.
Supp. No. 35 738
[The next page is 787]
SOLID WASTE AND RECYCLING § 16-1
Household trash shall mean any and all accumulations of waste material from the operation
of a home, which is not included within the definition of garbage. Household trash shall
include all bulky wastes, yard toys, and building material waste from residential -type
do-it-yourself projects, but does not include vegetative matter.
Industrial waste shall mean waste and debris from manufacturing and fabrication plants,
lumberyards and construction or demolition of buildings, debris and waste accumulation from
land or lot clearing, excavating, building, rebuilding or altering of buildings, structures, roads,
streets, alleys, driveways, parking areas, sidewalks or parkways, wooden crating, pallets, dirt,
soil, excelsior or any waste materials which because of their volume and nature do not lend
themselves to collection with ordinary solid waste and refuse.
Multifamily and commercial solid waste, rubbish and refuse collection container shall mean
any portable nonabsorbent, enclosed container with a close -fitting cover, or doors, which is
used to store large volumes of refuse. These include dumpsters, compactors, and permanent -
use open -top roll -offs. Other types of collection containers, capable of being serviced by
mechanical equipment, may qualify as this type of container.
Multifamily residential shall mean a group of more than four (4) housekeeping units where
it is not feasible to have garbage picked up from each individual residence and where either a
dumpster, compacting dumpster, or roll -off compaction dumpster is required for central pickup
of garbage and trash.
Pathological waste shall mean tissues, organs, animal bodies, body excretions, used
bandages, medicines, drugs, hypodermic syringes or solid organic wastes from hospitals,
laboratories, clinics, physicians' and dentist offices, animal hospitals or similar sources.
Pathological waste container shall mean a disposable, waterproof container or bag, securely
closed, not torn or ruptured. Such disposable container or bag shall be placed within an
approved collection receptacle.
Recyclables shall mean those items on the approved recycling list.
Recyclable items shall include but not be limited to metal cans, glass bottles and jars, and
plastic (including soft drink, milk, water, juice and detergent) bottles and jugs, fiber
(newspaper, magazines, boxboard, brown paper bags, telephone books, catalogues, office paper,
etc.), corrugated cardboard, and any other materials which are designated by the public works
director.
Recycling containers shall mean the receptacles purchased, leased and distributed or placed
by or on behalf of the city to city residents or locations for the intended use as receptacles of
recyclable materials.
Refuse shall include and mean all garbage, dead animals, vegetative garden and yard trash,
bulky wastes, household trash, commercial trash, and construction and demolition debris.
Residential commercial mechanical compacting dumpster shall mean any residence or
commercial establishment where it is not feasible to pick up garbage, trash or recyclable items
with a noncompacting dumpster. "FEL" refers to front-end loaded container.
Supp. No. 35 945
§ 16-1 ATLANTIC BEACH CODE
Residential unit shall mean one (1) single-family dwelling or one (1) living unit in a
multifamily dwelling of four (4) units or less as a mobile home in a park utilizing toter
container collection.
Roll -off container shall mean a container of varying bulk nature, either open -top or
compacting type, picked up and transported by truck.
Rubbish shall mean every accumulation of paper, excelsior, rags, wooden and paper boxes
or containers, sweepings and all other accumulation of materials other than solid waste which
are usual to housekeeping and to the operation of stores, offices and other business places,
including bottles, cans, and containers.
Small commercial garbage shall mean every accumulation of garbage from all commercial
establishments not serviced by a multifamily or commercial dumpster container of two (2)
cubic yards or more.
Solid waste shall mean every accumulation of animal, vegetable or other matter that
attends the preparation, consumption, decay, dealing in or storage of meats, fowl, fruit or
vegetable or any other putrecible matter, including animal feces and also including cans,
containers or wrappers along with such material. This includes the solid portion of the waste
stream including, but not limited to, garbage, refuse, rubbish, recyclable items and garden
trash.
Toter shall mean container with attached lid and wheels supplied by the city or the
contractor provided for garbage pickup with automated or semi -automated service.
Trash, unless specifically provided to the contrary, the term trash shall include and mean
commercial trash, household trash, and garden and yard trash as defined below.
Yard waste (or trash) shall mean every accumulation of leaves, grass cuttings, shrubbery,
vines and trees, but not including dirt, soil or sod removed in the renovation or rebuilding of
lawns and turfs and not including tree limb, shrubbery cuttings and the like which exceed six
(6) inches in diameter or five (5) feet in length. Items exceeding these size limits or quantities
greater than five (5) cubic yards may require a special pickup at an additional fee. Green waste
produced by a landscape contractor or tree removal operation must be disposed of by the
contractor and is not included within the requirements of the city's sanitation contractor's
responsibility.
Yard waste receptacle shall mean every receptacle equal to those specified above as
residential and commercial solid waste, rubbish or refuse containers or plastic bags having a
capacity not in excess of forty (40) gallons and of sufficient physical strength to hold and
contain their contents while being lifted and handled during collection.
White goods shall mean appliances such as refrigerators, freezers, stoves, ovens, washing
machines, dryers, water heaters, air conditioners, compressor units, microwave ovens,
television sets and the like.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § (1), 6-23-08)
Supp. No. 35 946
SOLID WASTE AND RECYCLING § 16-3
Sec. 16-2. Solid waste collection.
(a) Excess garbage. Any residential unit which routinely generates more garbage than can
be contained within the supplied toter, may be required to obtain a second toter for garbage
collection. Routinely is defined as more frequently than once per month. The second toter will
be billed at the rate listed in subsection 16-10(1). The city will first notify residents who are
generating excess waste by letter. If the excess continues, the resident will be required to add
a second toter for garbage collection.
(b) All solid waste accumulated in the city shall be collected, transported and disposed by
the city or a contractor designated by the city manager. No person shall collect, transport
through the streets or alleys of the city, or dump, incinerate, or in any other manner dispose
of solid waste originating in the city except through written agreement with the city manager.
Exceptions include entities licensed by the city to perform commercial recycling and/or
construction and demolition debris removal. Each residence and commercial unit shall
separate the solid waste it generates into garbage, yard trash and recyclables for collection. All
garbage containers shall be emptied and the contents thereof shall be disposed of at least once
each week in residential districts. Dumpsters in residential districts and in the business
districts shall be collected as designated by the public works director but no less than one (1)
time per week. Dumpsters from restaurants, food stores, clubs or other businesses that may
reasonably be expected to contain garbage from food preparation, food containers or wrappers,
etc. shall not be collected less than twice per week. All yard trash shall be picked up and
disposed of at least once each week. All containers for recyclable items shall be emptied at least
once each week. Businesses and multifamily residential units generating amounts in excess of
two (2) toters shall require a commercial dumpster.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-32, § 1, 2-25-08)
Sec. 16-3. Garbage and trash containers.
(a) Containers. No garbage shall be collected unless it is placed in a closed garbage
container. Such container shall be a "toter" issued by the contractor or the city to facilitate
automated or semi -automated collection by the contractor. Garbage shall be placed in bags and
deposited in toter, which is to be wheeled to the appropriate area for collection service. Nothing
shall be picked up, collected or removed by the franchisee unless it is within a garbage
container as defined herein. Household items normally set out with garbage, such as curtain
rods and plumbing fixtures, weighing less than forty (40) pounds, may be placed next to
garbage containers. Any items exceeding five (5) feet in length shall be folded or cut to meet the
length requirement, when possible. Although toters remain the property of the contractor or
the city, residents are allowed to neatly stencil house numbers onto the container for ease of
identification.
(b) Set out and storage. No person shall place a container or yard waste in front of a
residential unit in which he does not reside. Nor shall containers or yard waste be placed in a
city park or right-of-way adjoining a park or in a road median. Garbage containers set out for
garbage collection shall be placed at the curb of the street from which garbage service is
Supp. No. 35 947
§ 16-3 ATLANTIC BEACH CODE
rendered except as otherwise provided herein. Garbage containers shall be set out no earlier
than 6:00 p.m. the day prior to collection and shall be returned to their regular place of storage
no later than 12:00 midnight on the day of collection. Yard waste such as leaves or grass
clippings shall be set out in a yard waste receptacle, no sooner than two (2) days prior to
collection. Bulk (uncontainerized) yard waste such as tree limbs or palm fronds may be set out
when generated. Garbage container blinds, which are in architectural harmony with the
building, or underground containers, may be placed anywhere between the building and the
street from which garbage service is rendered, but in no case shall they be located on public
right-of-way or public property. If garbage is stored underground or behind a garbage
container blind that is not located at the curb, the garbage container must be moved to the curb
for pickup. Any residence or commercial unit to which this section creates a hardship to either
the resident of the property or the franchisee for placement of containers for garbage service
shall apply to the public works director or his designee, who shall thereupon determine the
location at which garbage containers shall be placed. Garbage containers located other than as
described in this section shall not be emptied. In cases where lots run from street to street, the
provisions of this section applicable to front yards shall also apply to rear yards.
(c) Inspection and approval. Only toters supplied by the city or the city's franchisee may be
used for household garbage. Receptacles used for yard trash shall be subject to inspection and
approval or condemnation by the public works director. Appeals of his decisions may be made
to the city manager.
(d) Dumpsters required. All commercial units, other than commercial hand pickup, and
multifamily residential units shall be required to have a commercial dumpster for disposal of
garbage and trash. It shall be the duty of the public works director to determine the size
dumpster required. Dumpsters shall not be filled past the maximum fill line. In cases where
a commercial or moltifaxnily unit is routinely overfilling the dump sten the public works
director may direct an increase in either frequency of collection or container size. Appeals of his
decisions may be made to the city manager. The public works director will approve requests
from commercial and multifamily residential units for mechanical compacting dumpsters.
Rates for these services will be set by ordinance. Dumpster enclosures meeting design
standards provided by the public works director are required for all new or redeveloped
commercial and multifamily residential units. Owners and residents with dumpsters are
required to keep installed gates closed at all times except when necessary for access.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § 1(2), 6-23-08)
Sec. 16-4. Leaves and grass clippings; tree trunks.
Leaves and grass clippings shall be placed for collection at the curb in either a container
meeting the standard for garbage collection or a disposable plastic or waterproof paper bag
securely fastened at the opening. Tree trunks, stumps, limbs, trimmings or waste -building
materials shall be collected; these items shall not exceed five (5) feet in length, six (6) inches
in diameter nor shall any single item exceed a weight of forty (40) pounds. Each residence is
allowed a cumulative amount of five (5) cubic yards weekly.
(Ord. No. 55-07-31, 3-26-07)
Supp. No. 35 948
SOLID WASTE AND RECYCLING § 16-9
Sec. 16-5. Hazardous or electronic waste.
The city holds twice -yearly hazardous waste collection events at city hall, which include
collection of electronic waste (e -waste). Otherwise, Duval County residents may recycle
electronic waste at the City of Jacksonville Household Hazardous Waste Facility at 2675
Commonwealth Avenue. Hours of operation are Tuesday through Saturday, 8 a.m. until 5 p.m.
The facility is closed on Sunday and Monday. For more information, call 387-8847.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § 1(3), 6-23-08)
Sec. 16-6. Burial of solid waste.
No solid waste shall be buried upon the premises of the person by whom the solid waste is
accumulated. No solid waste shall be buried elsewhere in the city except upon written
permission of the city manager. Composting shall not be considered burial or disposal.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-7. Depositing on vacant lots, streets, parks, etc., prohibited; compost piles.
(a) It shall be unlawful to deposit garbage, trash, recyclable items or any other solid waste
including old furniture, appliances, bedsprings, tires, building materials or auto parts upon
any vacant or unoccupied premises of the city, or upon any street roadway or in the drainage
gutter or drainage swale or ditch, alley, road median or park.
(b) It shall be unlawful for any person to deposit yard trash upon any adjoining lot or
premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or
premises, or a street roadway or in the drainage gutter or drainage swale or ditch, plaza, alley,
road median or park, or in any canal, waterway, lake or pool within the city. Yard trash
containing no combustible matter or matter which will, during decay, give off offensive odors,
may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon
which accumulated.
(Ord. No. 55-07-31, 3-26-07)
State law reference—Florida Litter Law, F.S. § 403.413.
Sec. 16-8. Removal of lot clearing, contractors' debris; oil and grease.
Trash and debris caused from tree removal or trimmings or debris from lot clearing shall be
removed by the owner. The owner or contractor performing the work shall remove contractors'
debris caused from building, rebuilding or otherwise altering of buildings or structures. Spent
oils or greases accumulated at garages, filling stations or similar establishments will not be
removed by the franchisee.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-9. White goods, bulk items and special pickups, procedure and fees for
removal.
All residents, occupants and owners of residential premises, other than multifamily
residential units receiving dumpster service for garbage, in the city who have not arranged for
Supp. No. 35 94.9
§ 16-9 ATLANTIC BEACH CODE
private disposal of white or bulk goods shall have such goods removed and disposed of by the
franchisee of the city by placing such goods curbside on pickup day. For residential collection,
the fee for pickup, other than special pickup of excess yard waste, shall be included in monthly
sanitation fees.
Cost of white goods pickup for businesses and multifamily residential units receiving
dumpster service for garbage and for collection of excess yard waste shall be in accordance with
the special pickup fee schedule approved by the city manager.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-10. Fees for collection.
All residents, occupants and owners of premises in the city shall have accumulations of solid
waste removed and disposed of by the franchise, and for the service of solid waste removal
shall pay the city the sums as promulgated by ordinance shown below for each type of service.
(1) Residential: monthly payments shall be computed by multiplying the initial number of
residential units in the service area times seventeen dollars and ten cents ($17.10) per
household for garbage, recycling, and yard waste.
(a) Any person requesting an additional garbage pickup each week shall be charged
an additional fee of seventeen dollars and ten cents ($17.10) per month, the day
of the additional pickup shall be set by the franchisee, and a subscription
agreement shall be signed with the city which shall require a minimum of one (1)
year of the additional fee.
(b) Any person requesting an additional garbage toter (or required to have an
additional garbage toter due to volume of excess trash produced) for their
household shall be charged an additional fee of eight dollars and fifty cents
($8.50) per month and a subscription agreement shall be signed with the city
which shall require a minimum of one (1) year of the additional fee.
(2) Multifamily residential (curbside, all residential services): Monthly payments shall be
computed by multiplying the initial number of residential units in the service area
times seventeen dollars and ten cents ($17.10) per household for garbage, recycling
and yard waste.
(3) Multifamily residential recycling using toters: Monthly recycling bill shall be computed
by multiplying the number of toters times nine dollars and fifteen cents ($9.15) times
four and thirty-three hundredths (4.33) in accordance with subsection (11) below.
(4) Multifamily (containers emptied by mechanical means): Monthly payments shall be
computed by multiplying the total monthly yardage based on container size by the rate
of five dollars and thirty-seven cents ($5.37) per cubic yard. For users of two (2) cubic
yard containers, monthly payments shall be computed by multiplying the total
monthly commercial yardage collected by the rate of six dollars and forty-six cents
($6.46) per cubic yard for containerized garbage.
Supp. No. 35 950
SOLID WASTE AND RECYCLING § 16-12
(5) Commercial (curbside, all residential services): Monthly payments shall be computed
by multiplying the number of business units in the service area times seventeen
dollars and ten cents ($17.10) per business for garbage, yard waste and recycling.
(6) Commercial (curbside, garbage only, twice a week collection): Monthly payments shall
be computed by multiplying the number of commercial toters times seventeen dollars
and ten cents ($17.10) for garbage.
(7) Commercial (containers emptied by mechanical means): Monthly payments shall be
computed by multiplying the total monthly commercial yardage collected by the rate of
five dollars and thirty-seven cents ($5.37) per cubic yard for containerized garbage
based on container size. For users of two (2) cubic yard containers, monthly payments
shall be computed by multiplying the total monthly commercial yardage collected by
the rate of six dollars and forty-six ($6.46) per cubic yard for containerized garbage.
(8) Commercial (roll -off containers): Monthly payments shall be computed by multiplying
the total number of roll -off pulls by thirty-one dollars ($31.00) per yard (based on
container size other than C&D containers). For roll -off compactors, monthly payments
shall be computed by multiplying the total number of roll -off pulls by sixteen dollars
and eleven cents ($16.11) per yard multiplied by container size.
(9) VIP compactors (FEL): Monthly payments shall be computed by multiplying the total
monthly commercial yardage collected based on container size by the rate of fifteen
dollars and sixty-nine cents ($15.69) per cubic yard for compacted containerized waste.
(10) Special pickups including extra service, excess yard waste and commercial bulk
pickups: Special pickups shall be billed at the rate listed in the schedule of standard
charges approved by the city commission.
(11) [Standardized billing.] For billing standardization purposes, monthly payments will
be calculated assuming four and thirty-three hundredths (4.33) weeks per month.
(Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-32, § 1, 2-25-08)
Sec. 16-11. Annual review of fees.
A review of residential and commercial solid waste rates shall be conducted annually by the
director of finance and may be adjusted by ordinance as franchise rates are negotiated between
the city and franchisee in accordance with contractual requirements and any unforeseen
future disposal fees.
(Ord. No. 55-07-31, 3-26-07)
ARTICLE II. FRANCHISE AGREEMENTS
Sec. 16-12. Residential and commercial solid waste collection franchise.
This article shall be known and may be cited as the "Atlantic Beach Residential and
Commercial Solid Waste Collection Franchise Ordinance."
(Ord. No. 55-07-31, 3-26-07)
Supp. No. 35 951
§ 16-13 ATLANTIC BEACH CODE
Sec. 16-13. Grant of authority.
(a) This article herein sets forth the conditions for the grant of exclusive right, privilege and
franchise to provide residential and commercial solid waste collection services within the city.
(b) Any franchise granted under the provisions of this article shall include the right to
operate collection vehicles on the public streets of the city and to conduct a residential and
commercial solid waste collection business within the city.
(c) This article grants no authority to operate a residential and commercial garbage
collection business to any individual, partnership or corporation. Such a grant can only be
made by the award of a city solid waste franchise contract to a specific applicant who has
complied with the provisions of this article.
(d) So long as a franchisee shall perform the services set forth herein no other private refuse
collector shall be permitted by the city to provide residential and/or commercial solid waste
collection services within the city, except for services not covered under the solid waste
franchise contract.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-14. Franchise award procedures.
(a) The city may award a franchise as described herein by approval of a majority of the
commission. The city, prior to award of a franchise, shall issue request for proposals or bids.
(b) After award of the franchise the franchisee shall have thirty (30) calendar days, unless
extended by the city, to acknowledge acceptance by notarized signature execution of the solid
pyrite franchise, contract_ The effective date of the franchise shall ha stated in the franchise
contract.
(c) All provisions of the solid waste franchise contract shall be incorporated by reference as
part of this article.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-15. Term.
(a) The term of any franchise granted under this article shall be as stated in the solid waste
franchise contract; however, the city reserves the right to terminate the same at any time
during the term hereof if the franchisee defaults in any one (1) of the terms and conditions set
forth in the franchise contract.
(b) The term of the franchise may be extended for additional terms, as provided for in the
solid waste collection franchise contract. Provided, however, in no manner shall this clause be
construed to vest in the franchisee any right or option to extend the term of this franchise
beyond the termination date set forth in subsection (a) of this section.
(Ord. No. 55-07-31, 3-26-07)
Supp. No. 35 952
SOLID WASTE AND RECYCLING § 16-17
Sec. 16-16. Franchise fees.
Franchise fees may be enacted by the city commission by ordinance, and may be charged in
accordance with the same or the provisions of the franchise contract. Franchise fees may be a
percentage of the gross revenue for one (1) or more types of waste collection services provided
within the city limits, whether or not service is provided under the franchise contract or by the
contract franchisee.
For any services required to be performed under this franchise, the charges by the city to the
recipients of the solid waste collection services shall be as set forth by city ordinance.
(Ord. No. 55-07-31, 3-26-07)
Sec. 16-17. Noncompliance.
The franchisee shall not be required to collect any garbage, recyclable items or yard trash
that does not comply with this chapter.
(Ord. No. 55-07-31, 3-26-07)
Supp. No. 35 952.1
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. 35 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
case excepted by the city commission, the yearly minimum rate will be determined by
combining the rates for each property, and likewise the minimum quarterly allowance for each
property will be combined.
(Code 1970, § 27-18)
Sec. 22-35. Approved of plumbing prior to connection with water system.
No water service shall be connected until the plumbing and connections incident thereto
shall have been inspected and approved by the plumbing inspector.
(Code 1970, § 27-19)
Sec. 22-36. City not liable for interruptions in service; right of city to restrict use of
water.
The city shall not be liable for any damage resulting from bursting of any main, service pipe
or cock, or by shutting off of water for repairs, extensions or connections, or from the accidental
failure of the water supply from any cause whatsoever. In cases of emergency, the city shall
have the right to restrict the use of water in any reasonable manner for the protection of the
city and its water supply.
(Code 1970, § 27-20)
Sec. 22-37. Application for water service in new subdivisions; costs of pipes, etc., in
subdivisions to be paid by developer; exception.
(a) Any person subdividing or resubdividing any plot or tract of land shall apply to the city
for water service.
(b) Upon approval of the application by the city commission, the applicant shall agree to
deposit with the city the cost of the lines, mains, pipes, fire hydrants, valves, meters,
engineering, etc., and the city shall cause to be prepared the necessary plans and specifications
for the construction of the water lines, etc.
(c) When the estimated cost of the water lines has been determined, the applicant shall
forthwith deposit with the city a sum of money equal to the estimate, or he may elect to install
the water lines himself according to the plans and specifications and under the supervision of
the city. He shall pay the cost of the engineering and shall provide the surety as the city
commission may require. If the actual cost is more than the estimated cost, the developer shall
pay to the city the additional cost. If the actual cost is less than the estimated cost, the
difference shall be refunded to the developer.
Supp. No. 35 1284
UTILITIES § 22-39
(d) If the future development of the area beyond the limits of the proposed development
requires the installation of a water main larger than the main required for domestic and fire
service within the proposed development, the city shall agree to pay the difference in the cost
of materials only between the main capable of providing domestic and fire service within the
proposed development and the main necessary to serve the area beyond the development. The
method of payment of this cost by the city shall be negotiated between the developer and the
city.
(Code 1970, § 27-21)
Sec. 22-38. Extensions of water mains of more than one hundred feet in existing
streets.
Any application for water service on a street right-of-way or easement existing or dedicated
prior to January 1, 1961, requiring an extension in excess of one hundred (100) feet, shall be
approved by the city commission. If the city commission finds that it is not economically
feasible to construct the water line and the applicant provides the necessary funds to construct
the line, the city and the applicant shall agree by written contract to the refunding to the
applicant of the funds. The method and amount of refunding shall be negotiated between the
applicant and the city.
(Code 1970, § 27-22)
Sec. 22-39. Water shortages.
(a) Prohibition or curtailment of certain nonessential uses generally. The prohibition or
curtailment of certain nonessential uses of water shall be restricted or curtailed as set forth by
this section and shall be effective only during a water shortage as declared to exist by the St.
Johns River Water Management District or as otherwise directed by the St. Johns River Water
Management District.
(b) Irrigation of lawns generally. Irrigation of lawns shall be allowed no more than two days
per week per zone or as set forth by the St. Johns River Water Management District
(SJRWMD). Irrigation of lawns is prohibited between 10:00 a.m. and 4:00 p.m., unless
determined otherwise by the SJRWMD.
(c) Rain sensors required. Persons irrigating with an automatic lawn irrigation system
installed after May 1991 shall install, maintain and operate a rain sensor device or switch that
overrides the system when adequate rainfall has occurred.
(d) Exceptions to prohibitions. The following are exceptions to the watering restrictions:
(1) Discharge of water from a water -to -air air-conditioning unit or other water -dependent
cooling system is not limited. The city's utility department shall keep a record of
known addresses where such units are in use.
(2) Two -day -a -week irrigation limitations do not apply to golf course fairways, greens, tees
and roughs, agricultural crops, nursery plants, or high -use recreational areas such as
ball fields. Consumptive use permits typically regulate these types of irrigation.
Supp. No. 35 1284.1
§ 22-39 ATLANTIC BEACH CODE
(3) Irrigation using a micro -irrigation (drip) system is allowed anytime.
(4) Irrigation of new landscape is allowed at any time of day on any day for the initial
thirty (30) days and every other day for the next thirty (30) days for a total of one (1)
60 -day period, provided that the irrigation is limited to the minimum amount
necessary for establishment.
(5) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and
herbicides when required by law, the manufacturer, or best management practices, is
allowed anytime within twenty-four (24) hours of application.
(6) Irrigation systems can be operated anytime for maintenance and repair purposes, not
to exceed ten (10) minutes per hour per zone.
(7) Irrigation using a hand-held hose equipped with a spray nozzle that can be adjusted so
water flows only as needed is allowed anytime.
(8) The use of water from a reclaimed water system is allowed anytime. A reclaimed water
system includes systems in which the primary source is reclaimed water, which may or
may not be supplemented from another source during peak demand periods.
(9) The use of recycled water from wet detention treatment ponds for irrigation is allowed
anytime provided the ponds are not augmented from any ground or off-site surface
water, or public supply sources.
(10) Three -day -per -week irrigation is allowed by those that have obtained a standard
general permit from SJRWMD, and submitted a copy of such permit to the city.
(e) Additional conservation measures. Should the conservation measures listed in para-
graph (b) fail to achieve compliance with the consumption limitations in the city's consumptive
rise permit as issued by the SJRWMD, the city manager shall implement any or all of the
following further water conservation measures as needed:
(1) The washing of sidewalks, walkways, driveways, parking lots, tennis courts, and all
other hard -surfaced areas by hosing or by use of water directly from faucets or other
outlets, is prohibited except it shall not be unlawful to wash such areas from water
contained in a bucket or container not exceeding three -gallon capacity;
(2) The washing of motor vehicles, trailers, or boats by hosing or by use of water directly
from faucets or other outlets, is prohibited except:
a. It shall not be unlawful to wash such motor vehicles, trailers, or boats from water
contained in a bucket or container not exceeding three -gallon capacity; and
b. This subsection shall not be applicable to the washing of motor vehicles, trailers,
or boats at commercial vehicle washing facilities operated at fixed locations;
(3) Swimming pools will not be filled or refilled using city water;
(4) No water will be permitted to be used from fire hydrants for any construction work or
fire drills.
(Ord. No. 80-82-21, § 5, 4-26-82; Ord. No. 80-08-75, § 1, 1-28-08)
Supp. No. 35 1284.2
UTILITIES § 22-43
Sec. 22-40. Wells—Permit required.
Any person, firm, corporation, individual or other entity wishing to dig a water well for any
purpose within the corporate limits of the City of Atlantic Beach must first obtain, therefore,
a permit at a cost of ten dollars ($10.00) from the building department of the city of Atlantic
Beach, Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-41. Same—Bacteriological tests for potable water.
Any person, individual, corporation or other entity receiving a permit as provided in section
22-40 herein, and who plans to use water from the permitted well for drinking purposes, must
first obtain a bacteriological test report from the State of Florida health department,
furnishing a certified copy thereof to the building department of the City of Atlantic Beach,
Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-42. Definitions.
Cross connection means any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain, lawn
sprinkler, conduit, pool, storage reservoir, plumbing fixtures, appliances, or other devices
which contain or may contain contaminated water, sewage or other waste or liquid of unknown
or unsafe quality which may be capable of imparting contamination to the public water supply
as the result of backflow. Bypass arrangements, jumper connections, removeable sections,
swivel or changeable devices and other temporary or permanent devices through which or
because of which backflow could occur are considered to be cross connections.
(Ord. No. 80-92-50, § 1, 10-12-92)
Sec. 22-43. Cross connections; backflow devices.
(a) No consumer of water from the city water system shall have a cross connection or
potential cross connection either inside or outside of any building or buildings without a
backflow prevention device being installed to prevent any and all backflow.
(b) Only the following are considered to be backflow prevention devices and shall be
installed in agreement with and under supervision of the supplier of water or his designated
representative:
(1) Air gap separation. A physical separation between the free-flowing discharge end of a
potable water supply pipeline and an open or nonpressure receiving vessel. This gap
must be at least double the diameter of the supply pipe measuresd vertically above the
rim of the vessel and in no case less than one (1) inch.
(2) Reduced pressure backflow preventer. A device containing within its structure a
minimum of two (2) independently acting, approved check valves, with an automati-
cally operating pressure differential relief valve located between the two (2) check
Supp. No. 35 1284.3
§ 22-43 ATLANTIC BEACH CODE
valves that will discharge to the atmosphere if the check valves should fail. This unit
shall include tightly closed shut-off valves located at each end of the device and each
device shall be fitted with properly located test cocks.
(3) Atmospheric vacuum breaker. This device is operated by atmospheric pressure in
combination with the force of gravity. The unit is designed to work on a vertical plane
only. The one moving part consists of a poppet valve which must be carefully sized to
the slide in a guided chamber and effectively shut off the reverse flow of water when
there is a negative pressure.
(4) Pressure vacuum breaker. This device is similar to an atmospheric vacuum breaker,
except that the checking unit "poppet valve" is activated by a spring and does not
require a negative pressure to react.
(5) Double check -valve assembly. An assembly composed of two (2) single, independently
acting drip -tight check valves, including tightly closing shut-off valves at each end and
suitable connections for testing the water tightness of each check valve.
(c) The city or its representatives with proper identification may enter at any time inside or
outside of any building or buildings for the purpose of checking for cross connections. If a cross
connection or potential cross connection is found, the city shall have the right to discontinue
water services until the problem has been corrected by elimination or until a proper backflow
prevention device has been installed. All backflow prevention devices will be checked
periodically by a city representative to insure proper operation.
(d) These provisions relative to a cross connection have been established for the protection
of all the inhabitants of the city and to comply with Chapter 17-22.107(4), Florida Adminis-
trative Code.
eAll water services and plumbing fixtures shall CGnfCrTto the latest edition of the City
of Atlantic Beach Cross Connection Control Policy Manual.
(Ord. No. 80-92-50, § 1, 10-12-92)
Secs. 22-44-22-55. Reserved.
ARTICLE III. WASTEWATER SYSTEM*
DIVISION 1. GENERALLY
Sec. 22-56. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
ascribed to them by this section:
Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5) days
at twenty (20) degrees Celsius expressed in milligrams per liter.
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 35 1284.4
UTILITIES § 22-56
Building drain shall mean that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, and shall terminate five (5) feet or one and
five -tenths (1.5) meters outside the outer face of the building wall.
Building sewer shall mean the extension from the building drain to the public sewer or other
place of disposal, and shall commence five (5) feet or one and five -tenths (1.5) outside the outer
wall of the building.
City manager shall mean the city manager of the city or his authorized deputy agency, or
representative, such as the city engineer, public works superintendent, superintendent of
wastewater facilities, etc.
Combined sewer shall mean a sewer intended to receive both wastewater and storm or
surface water. Such combined sewer shall be prohibited.
Easement shall mean an acquired legal right for the specific use of land owned by others.
Floatable oil shall mean oil, fat, or grease in a physical state such that it will separate by
gravity from wastewater by treatment in an approved pretreatment facility. Wastewater
Supp. No. 35 1284.5
ZONING, SUBDIVISIONS 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
area per child. Within all residential zoning districts, play areas and all play
equipment, structures and children's toys shall not be located, maintained or stored
within required front or side yards.
(3) Where approval of a use -by -exception is required to operate a child care facility, the
maximum number of children shall be stated in the application, and in no case shall
the maximum permitted number of children be exceeded at any time. The application
shall include a site plan showing the location of the building to be used or constructed
on the lot, fenced play areas, off-street parking, loading and unloading facilities as
required by section 24-161, and traffic circulation, including any drop-off areas.
(4) Child care provided within private homes, not requiring approval of a use -by -
exception, shall be limited to care of not more than five (5) children, unrelated to the
operator, within a single time period, and shall be licensed and operated only in
accordance with all applicable licensing requirements of the Florida Department of
Children and Family Services (DCFS) and the requirements of this section. The
application for occupational license to provide child care within a private home shall be
accompanied by a copy of the current license certificate from the DCFS and a survey
or site plan demonstrating compliance with all requirements of this section. The city
reserves the right to request of the DCFS an inspection pursuant to Section 402.311
Florida Statutes, prior to issuance of a local occupational license. Child care in private
homes shall be further subject to the following requirements.
a. No business signs shall placed upon the lot where child care is provided within
private homes.
b. Play areas and all play equipment, structures and children's toys shall not be
located, maintained or stored within required front or side yards.
c. Off-street parking, as required by section 24-161, shall be provided, including
provision for off-street drop-off and pick-up. Parking and traffic generated by any
child care provided within a private home facilities shall have no adverse impacts
to the volume or circulation of residential traffic.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 35 1483
§ 24-153 ATLANTIC BEACH CODE
Sec. 24-153. Churches.
The minimum development criteria for churches in any zoning district where churches are
permitted shall include the following.
(1) Adequate site area to accommodate all structures and required on-site parking and
circulation areas for motor vehicles, in accordance with the parking requirements of
this chapter.
(2) Location on a collector or arterial street with adequate frontage to accommodate
ingress -egress driveways in proportion to expected peak attendance levels in order not
to disrupt roadway traffic.
(3) Maintenance of the required clear sight triangle.
(4) Minimum yard requirements and building restrictions as required within the zoning
district in which the facility is located.
(5) Buffering as required by section 24-167 of this chapter in the form of hedge materials
and/or fence or wall, as appropriate, along lot lines adjacent to any residential uses.
(6) A single dwelling unit for [clergy] may be permitted and may be attached to, located
within, or on the same premises as the church. For dwelling units that are detached
from the church building, the minimum yard requirements and building restrictions of
the RS -2 zoning district shall apply.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-154. Outdoor display, sale and storage of furniture, household items, mer-
chandise and business activities mil -gide of oriel/wed iyoil lirogQ
(a) Within all nonresidential zoning districts, the outside display of products, or outside
sale of furniture, clothing, dry goods, hardware or other similar merchandise, equipment and
materials, and also street vendors, shall be prohibited, with the following exceptions:
(1) Landscaping and garden supplies, nursery stock in containers, patio furniture and
ornamental articles for use in lawn, garden or patio areas, displayed for sale on private
property only and subject to provision of any required buffering and screening.
(2) Locations authorized for permanent automotive sales, except that no storage or
display of tires, auto parts, tools, service or repair work is permitted outdoors, and no
streamers, banners, pennants, balloons, flashing lights or similar items are permitted
in any locations.
(3) Temporary farmer's markets limited only to farm and garden produce, and seasonal
items such as Christmas trees and pumpkins, may be permitted on private property
subject to approval by the city manager verifying adequate parking, safe site access,
and establishing the duration and time of such activities. Other conditions for
approval, as appropriate, may be required.
Supp. No. 35 1484
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-154
(b) Within the commercial general (CG) zoning districts, outside display of merchandise
shall be permitted only in accordance with the following conditions:
(1) Display areas must be fully located on private property, shall not be located in any
drive aisle, parking or landscaping areas and shall not in any manner interfere with
the use of a sidewalk, walkway or entrance to a business with a minimum three-foot
wide clear area maintained for walkways in front of any such display. All items and
any display rack or table must be brought inside at the close of each business day.
(2) Outside display racks or tables are limited to a maximum size of three (3) feet in
height, two (2) feet in depth and five (5) feet in width, and only one (1) outside display
rack shall be permitted per business or per lot, as applicable. Display racks or tables
must be professionally constructed or manufactured and of a type customarily used for
such purposes. Temporary tables constructed of plywood, blocks or other similar
materials shall not be used.
(3) Only merchandise that is sold inside the adjoining business, which holds the valid
business license as the owner or leaseholder to operate such business, shall be
displayed outside.
(4) No temporary signs, lights, banners, balloons, posters and the like shall be permitted
on such displays, except that pricing information attached to individual items for sale
is permissible, and such displays shall be maintained in a neat, orderly and unclut-
tered manner.
(5) Failure to consistently observe all above conditions shall result in an order from the
city to remove all such merchandise and revocation of rights for such future outside
displays may follow.
(c) Unless expressly permitted by this section or elsewhere within these land development
regulations, all business-related products services and activities shall be conducted within an
enclosed building, subject to compliance with applicable licensing requirements.
(d) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles,
boats, RVs, and the like, flea markets, swap meets, regardless of the name used to describe
these, shall be prohibited in all zoning districts.
(e) Any signage used for any outside merchandise or activity shall be in accordance with the
sign regulations.
(f) This section shall not be construed to prohibit outside restaurant seating on private
property where permitted by the property owner and in compliance with other applicable
regulations including required parking, and any required licensing from the division of
alcoholic beverages.
(g) Within all residential zoning districts, and also including any property containing a
residential use, household items, furniture and those items customarily intended for indoor
use shall not be displayed, maintained or permanently stored outdoors, or in any location on
the lot where such items are visible from adjacent properties. Discarded or unused household
Supp. No. 35 1484.1
§ 24-154 ATLANTIC BEACH CODE
items shall be stored or properly disposed of to avoid mold, rodent and insect infestations
which may result in health risks and which also create unsightly appearances that negatively
affect neighborhoods. Such violations shall be corrected immediately upon written order from
the city.
(Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-08-204, § 1(Exh. A), 4-28-08)
Sec. 24-155. Establishments offering dancing or live entertainment.
If at any time the city commission shall determine, based upon procedural due process, that
the live entertainment, for which a use -by -exception has been issued, constitutes a public or
private nuisance, is not in the best interests of the public, is contrary to the general welfare or
has an adverse effect upon the public health, safety, comfort, good order, appearance or value
of property in the immediate or surrounding vicinity, then the city commission may, upon such
determination, revoke, cancel or suspend such use -by -exception and related occupational
license, and any person or party applying for and receiving a use -by -exception for live
entertainment is hereby placed on notice that the use -by -exception may be canceled, revoked
or suspended at any time pursuant to the provisions of this section. Every use -by -exception
hereafter granted for live entertainment shall contain a recitation upon the face thereof that
the same is subject to revocation, cancellation or suspension for the reasons stated in this
section.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 35 1484.2
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-171
exterior insulation and finish systems (EIFS), architectural or split -face type block, or
other finish materials with similar appearance and texture. Metal clad, corrugated
metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall
not be permitted as exterior finish materials on the front and any street side of a
building.
(4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors,
windows and architectural detail, shall not be permitted.
(d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that
externally illuminated monument signs are encouraged. To encourage the use of such signs,
those signs constructed of a solid material such as wood, masonry or high-density urethane,
and externally -illuminated in a manner that washes the sign in indirect light from a
fluorescent ground source shall be entitled to a reduction in sign permit fees as set forth within
chapter 17-6.
(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and
safety. Direct lighting sources shall be shielded or recessed so that excessive light does not
illuminate adjacent properties. Light poles with luminaire that automatically cut-off after
normal business hours is encouraged. Light poles without cut-off luminaire shall not exceed
fifteen (15) feet in height. Light poles with cut-off luminaire shall not exceed twenty (20) feet
in height. Proposed lighting shall be shown on all plans submitted for review.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing
shall be prohibited in any required front yard and in any required yard adjoining a street.
Where such fencing is otherwise placed on a parcel, but remains visible from the commercial
corridor, landscaping shall be installed which substantially conceals such fencing.
Where such fencing, as described above is lawfully pre-existing, a period of four (4) years from
the effective date of these regulations shall be extended during which all fencing shall be made
consistent with the above provisions.
(g) Landscaping and required buffers. The requirements of division 8 of this chapter shall
apply, except that the following additional requirements shall also apply to new development
and to redevelopment that is subject to the requirements of division 8. Required buffers and
landscape materials shall be depicted on all plans submitted for review.
(1) A ten -foot wide buffer shall be required along the entire parcel frontage of the
commercial corridors, except for driveways. This buffer shall consist of trees as
required by division 8 and shall also contain a continuous curvilinear row of evergreen
shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of
debris and litter and shall be maintained in a healthy condition.
(2) Along the front of the principal building, a six-foot wide area shall be maintained
between the building and the parking area or any walkway. This area shall be used for
landscaping.
Supp. No. 35 1497
§ 24-171 ATLANTIC BEACH CODE
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only
organic mulch shall be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the commercial corridors, the use of landscape
materials that are drought and heat resistant is strongly encouraged. Unhealthy or
dead landscape materials, including sod and ground covers shall be replaced within
thirty (30) days of written notification from the city to the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers,
provided that required landscape materials are provided.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-172. Boats and watercraft.
For the purposes of this section, the term watercraft shall include every type of boat or
vessel or craft intended to be used or capable of being used or operated, for any purpose, on
waters within or adjacent to the City of Atlantic Beach.
(a) Intent. The intent of this section is to protect water quality and environmentally
sensitive areas within and adjacent to the City of Atlantic Beach, and to maintain or
enhance water quality, vegetative communities, wildlife habitats and the natural
functions of fisheries, wetlands and estuarine marshes.
(b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged,
from any watercraft, or from any dock, sewage, refuse, garbage, fuel or other
contaminants or any waste material into waters within the City of Atlantic Beach.
(c) Live -aboard watercraft restrictions. It shall be unlawful to live aboard any watercraft,
which is docked, stored, moored or anchored within the City of Atlantic Beach. Live
aboard shall mean the continuing use of any watercraft as a dwelling unit as defined
within this chapter.
(d) Damage to or destruction of environmentally sensitive areas. It shall be unlawful for
any person to operate, dock, motor or anchor any watercraft in a manner that causes
adverse impacts to any marine or water resource, wildlife habitat or other environ-
mentally sensitive areas as defined within this chapter and as set forth within the
conservation and coastal management element of the comprehensive plan.
(e) Public docks and anchorages. Docking or anchoring within Tideviews Preserve, Dutton
Island Preserve or any other public park or facility shall be restricted to non -motorized
boats and watercraft or to those equipped only with bow -mounted electric trolling
motors.
(Ord. No. 90-04-185, § 1, 6-28-04)
Sec. 24-173. Residential development standards.
(a) Purpose and intent. The purpose and intent of these new regulations is to implement the
goals, objectives and policies as set forth within the adopted 2015 Comprehensive Plan,
restated in part below:
Goal A.1 The city shall manage growth and redevelopment in a manner which results in a
pattern of land uses that: 1) encourages, creates and maintains a healthy and
Supp. No. 35 1498
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-173
aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves
and enhances coastal, environmental, natural, historic and cultural resources, and 4)
maintains the city's distinct residential community character.
Objective A.1.3 Maintaining residential character. The city shall encourage future develop-
ment and redevelopment, which: 1) retains the exceptionally high quality of life and
the predominantly residential character of the City of Atlantic Beach, and 2) provides
for the preservation and protection of the dense tree canopy.
Policy A.1.4.3 By December 31, 2005, the city shall consider amendments to its land
development regulations, which include provisions intended to retain the unique
community identity, the architectural character, and the residential scale of that area
of the city known as Old Atlantic Beach.
Policy A.1.4.4 Within Old Atlantic Beach, the city shall consider options to discourage the
redevelopment of residential lots in ways that are inconsistent and incompatible with
the historic and existing built environment.
The diversity of residential types is recognized as an asset to this community's unique
character. The purpose of these regulations is also to regulate the future use and development
of land in a manner that minimizes incompatible relationships within neighborhoods that may
result from new development, which because of excessive height, mass or bulk may result in
new development that excessively dominates established development patterns within neigh-
borhoods or excessively restricts light, air, breezes or privacy on adjacent properties.
The further intent of these regulations is to appropriately limit height and bulk and mass
of residential structures in accordance with the expressed intent of the citizens of Atlantic
Beach, and also to support and implement the Recitals of Ordinance 90-06-195 and as more
specifically enumerated below.
(1) To ensure that buildings are compatible in mass and scale with those of buildings seen
traditionally within the residential neighborhoods of Atlantic Beach.
(2) To maintain the traditional scale of buildings as seen along the street.
(3) To minimize negative visual impacts of larger new or remodeled buildings upon
adjacent properties.
(4) To promote access to light and air from adjacent properties.
(5) To preserve and enhance the existing mature tree canopy, particularly within front
yards.
(b) Applicability. The development standards and provisions set forth within this section
shall apply to development of single-family and two-family dwellings within that area of the
city depicted by Attachment A [on file in the offices of the city] and generally referred to as Old
Atlantic Beach, which for the purposes of this section shall be bounded by:
Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south;
Seminole Road, extending north to 11th Street on the west;
Supp. No. 35 1498.1
§ 24-173 ATLANTIC BEACH CODE
llth Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14,
16, 18, 20, 22, 24, 26, 28, 30 and 32 within Block 14 located on the north side of llth Street
and west of East Coast Drive; and
East Coast Drive extending north to its terminus, then along Seminole Road to 16th Street,
and 16th street extending east to the beach, with the beach being the eastern boundary of
this area.
Development, as used within this section, shall also include total redevelopment of lots and
certain renovations and additions to single-family and two-family dwellings as set forth
herein.
(c) Additional residential development standards. The following standards and require-
ments shall apply to that area defined in preceding paragraph (b), and as further and more
specifically described for each particular standard or requirement.
(1) Side wall planes. To avoid stark, exterior side walls from facing the sides of adjacent
residences, particularly on two-story and three-story residences, the following stan-
dards shall apply to new two-story and three-story single-family and two-family
dwellings; to renovations involving structural alterations or additions to the sides of
existing single-family and two-family dwellings, and where a second or third story is
added to an existing single-family and two-family dwelling.
i. Second -story and third -story exterior side walls, which exceed thirty-five (35) feet
in length, shall provide horizontal offsets of at least four (4) feet, or architectural
details, design elements or other features, which serve to break up the appear-
ance of the side wall, such that adjacent properties are not faced on the side by
blank two-story or three-story walls void of any architectural design other than
siding material or windows.
ii. Such design features may also include balconies, bay windows and other types of
projecting windows or architectural details provided that these shall not extend
more than twenty-four (24) inches into the required side yard, and that a
minimum separation of ten (10) feet is maintained between such extensions into
the required side yard and any other existing adjacent residential buildings.
(2) Height to wall plate. For single-family and two-family dwellings, the maximum height
to the top horizontal framing member of a wall from the first floor finished floor
elevation shall not exceed twenty-two (22) feet.
(3) Third floor footprint. In order to reduce the mass of taller single-family and two-family
dwellings, the interior footprint of any third floor area shall not exceed fifty (50)
percent of the size of the second floor interior footprint.
(4) Shade trees. In order to sustain the city's existing tree canopy and to provide shade
along the city's residential streets and sidewalks, one shade tree shall be provided
Supp. No. 35 1498.2
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-173
within the required front yard and an additional shade tree shall be required on the lot
in a location at the property owner's discretion in accordance with the following
provisions:
i. This requirement shall apply to the construction of new single-family and
two-family dwellings and to structural alterations of any single-family and
two-family dwelling. Such required trees shall be installed prior to issuance of a
certificate of occupancy or prior to final inspections, as applicable. (The require-
ments of chapter 23 of this Code shall also apply.)
ii. Required shade trees shall have a minimum size of four -inch caliper at the time
of installation. A list of recommended tree species is available from the city.
iii. Credit shall be provided for the following, and additional front yard shade trees
shall not be required in such cases.
a. Where healthy canopy trees exist in the required front yard, which are listed
on the recommended tree list and are at least four -inch caliper; or
b. Where oak trees exist in the required front yard, which are at least six (6)
feet tall; or
c. Where healthy street trees exist in the adjacent right-of-way, which are
listed on the city's recommended tree list and are at least four -inch caliper.
Where installation of a front yard shade tree is required, such tree shall not
be planted within rights-of-way or over underground utilities.
iv. Similarly, credit shall be given for the second required shade tree where such
tree, as described above, exists elsewhere on the lot.
(d) Special treatment of lawfully existing single-family and two-family dwellings, which
would otherwise be made nonconforming by enactment of section 24-172, establishing these
residential development standards. Any lawfully existing single-family or two-family dwelling,
which has been constructed pursuant to properly issued building permits prior to the effective
date of these residential development standards, adopted on September 11, 2006, by Ordi-
nance Number 90-06-195, shall be deemed a vested development, and any such single-family
or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel
containing the vested development, and shall not be considered as a nonconforming structure
with respect to the regulations contained within this section.
It is further the intent of this section to clarify when these residential development
standards shall apply in the case of reconstruction or redevelopment following:
(1) A natural act such as a hurricane, wind, flood or fire; or
(2) Redevelopment initiated by a property owner or authorized agent for a property owner.
The following provisions shall be limited only to those characteristics, which would
otherwise be made nonconforming from the requirements of this section, which provides
residential development standards. The provisions of section 24-85 shall otherwise apply to
nonconforming lots, uses and structures:
i. Structures damaged or destroyed by natural acts or by any means not resulting from
the actions of the property owner. any lawfully existing single-family or two-family
Supp. No. 35 1498.3
§ 24-173 ATLANTIC BEACH CODE
dwelling, which has been constructed pursuant to properly issued building permits
prior to the effective date of these residential development standards, adopted on
September 11, 2006, by Ordinance Number 90-06-195, shall be deemed a vested
development, and any single-family or two-family dwelling shall be considered a lawful
permitted structure within the lot or parcel containing the vested development.
Furthermore, an existing single-family or two-family dwelling for that particular
structure, shall not be considered as a nonconforming structure such that it may be
fully replaceable in its existing footprint and of the same size and architectural design,
subject to all applicable building codes and other land development regulations
controlling development and redevelopment of such lots or parcels. Any construction
that exceeds the existing footprint shall be in compliance with all applicable provisions
of' this chapter including minimum yard requirements.
ii. Structures damaged, destroyed or demolished or expanded, by any means resulting
from the actions of the property owner or authorized agent for a property owner.
Single-family or two-family dwellings, which are rebuilt or renovated, or expanded by
more than twenty-five (25) percent in floor area, shall be subject to applicable
provisions of these residential development standards for that portion of the structure
that is rebuilt, renovated or expanded.
(e) Requests to vary from the provisions of the residential development standards. Recog-
nizing that there may be alternative means by which to achieve the purpose and intent of this
section, an applicant may request a variance to provisions of this section in accordance with
the procedures as set forth within section 24-64 of this chapter, except that the following shall
be considered as grounds to approve such requests. (Paragraphs (c) and (d) of section 24-64
shall not be applicable to such requests.)
Requests to vary from the provisions of the residential development standards may be
granted, at the discretion of the community development board, upon finding that:
i. The proposed development will not result in excessive height, mass or bulk that will
excessively dominate the established development pattern within the neighborhood or
excessively restricts light, air, breezes or privacy on adjacent properties.
ii. The proposed development will be compatible and consistent with the diversity of
architectural styles and building forms found in Old Atlantic Beach.
(f) Annual review of these residential development standards. The community development
board shall at a regularly scheduled meeting review these provisions once yearly. Such review
shall address the effectiveness of these provisions; the prior year's activity subject to these
provisions and any needed revisions. The community development director shall then forward
a report containing any recommendations of the community development board, including a
summary of any public input, to the city commission.
(Ord. No. 90-06-195, § 1, 9-11-06; Ord. No. 90-06-196, § 1, 11-13-06; Ord. No. 90-08-203,
§ 1(Exh. A), 3-24-08)
Editor's note—Ord. No. 90-06-195, adopted Sept. 11, 2006, enacted new provisions to be
designated as § 24-172. Inasmuch as there already exists a § 24-172, said new provisions have
been redesignated as § 24-173.
Supp. No. 35 1498.4
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-176
Secs. 24-174, 24-175. Reserved.
DIVISION 8. LANDSCAPING
Sec. 24-176. Definitions.
For the purposes of this division, the following terms shall have the meanings as set forth
within this section. Where applicable and appropriate to the context, definitions as set forth
within chapter 23 of this Code, vegetation, shall be used in conjunction with these terms and
the requirements of this chapter.
Buffer shall mean the required treatment of areas between different classifications of uses
or incompatible uses. Buffers may incorporate the combinations of landscaping, open space,
fences or walls.
Ground cover means a low -growing herbaceous or woody plant other than turf, not over two
(2) feet high, intended to cover the ground.
Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport and
distribute water to plants and includes required back flow prevention devices.
Landscaping means any combination of living plants, native or installed, including grass,
ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape
elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or
fountains provided no such landscape element has a solid roof.
Mulch means organic materials customarily used in landscape design to retard erosion and
retain moisture.
Perimeter landscape means a continuous area of land which is required to be installed along
the perimeter of a lot in which landscaping is used to provide a transition between uses and
reduce adverse environmental, aesthetic, and other negative impacts between uses.
Supp. No. 35 1498.5
CODE COMPARATIVE TABLE
Ordinance Adoption
Number Date
Section
Section
this Code
2-310.16,
2-310.18,
2-310.19,
2-310.26,
2-310.27
Dltd 2-310.29
25-04-35 3- 8-04 Added 6-18
10-04-22 5-10-04 2 Rpld 3-1-3-11
(Exh.A) Added 3-1-3-9
25-04-36 6-14-04 1 8-33(d)(e)
95-04-87 6-14-04 1 Added 13-13
90-04-185 6-28-04 1 Added 24-172
25-04-37 7-26-04 1 Added 6-25
95-04-88 7-26-04 12-1, 12-2
Dltd 12-3
80-04-68 7-26-04 1 22-27.1(b)
80-04-69 7-26-04 1 22-27
2 22-166, 22-167
Dltd 22-176-22-180
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
65-05-34 8- 8-05 1 Added 19-7
5-05-44 9-26-05 1 2-141(a)
80-05-72 9-26-05 1 22-27, 22-166
22-167
57-05-22 10-10-05 1 Added 13-161
5-06-45 2-27-06 1 2-20
90-06-189 2-27-06 1 24-102
Added 24-103.5
90-06-188 3-13-06 1 24-17
5-06-46 4-10-06 1 Added 2-131
95-06-90 4-10-06 1 4-11(2)(d)
95-06-91 4-10-06 1 Added 5-33
58-06-31 4-24-06 1 2-298
90-06-193 5-22-06 1 24-17
2 Added 24-82(1)
90-06-195 9-11-06 1 Added 24-173
Supp. No. 35 2003
Ordinance
Number
45-06-18
80-06-73
90-06-196
90-06-197
90-07-198
95-07-92
95-07-93
55-07-31
90-07-199
90-07-200
90-07-201
58-07-32
5-07-47
80-07-74
10-08-23
80-08-75
25-08-38
ATLANTIC BEACH CODE
Adoption
Date
9-25-06
9-25-06
11-13-06
12-11-06
1- 8-07
2-12-07
2-26-07
3-26-07
4-23-07
7- 9-07
8-13-07
9-10-07
9-24-07
9-24-07
1-28-08
1-28-08
2-25-08
Section
1
2
3
4-6
1
1
1
1 Added
1(a)
(b)
(c)
2 Added
1(5-32) Added
Rpld
Added
1(Exh. A) Added
1
2(Exh. A)
1(Exh. A)
1
1
1
1
1.A(1)
(2)
(3)
(4)
B.(1)—(5) Rpld
(6)—(8) Rpld
(9) Rpld
(10) Rpld
C.(1) Added
2.A(1)
(2)
(3)
(4)
(5)
(6)
Supp. No. 35 2004
Section
this Code
Ch. 20, Art. III,
title
20-52-20-57
20-51
20-59
20-76-20-78
22-27, 22-166,
22-167
24-173(c)
24-111
24-261-24-268
23-15(5), (7)
23-16
23-17(b)(2)c.,
(d)(1), (2),
(e)(2), (g)(3)c.
23-17(g)(3)d.
5-34
16-1-16-15
16-1-16-32
24-269-24-284
24-156
24-161
24-85(c), 24-87
2-301, 2-310.1,
2-310.11,
2-310.27
2-20(b)
22-27, 22-166,
22-167
3-9(b)(1)
22-39
6-16
6-17(a)(2)a
6-17(b)(5)
6-120
6-32-6-36
6-38-6-40
6-57
6-60
6-26
7-17
7-21(b)
7-25(a)
7-27(a)
7-30
7-18(a)
CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
(7) 7-34(a)
(8) 7-38(a)
2.B. 7-17
Dltd 7-31
3.A. 8-5
B. 8-21, 8-22
4.A. Added 12-1(a)(13)
5-08-48 2-25-08 1 2-16
55-08-32 2-25-08 1 16-2, 16-10
90-08-203 3-24-08 1(Exh. A) 24-173
90-08-204 4-28-08 1(Exh. A) 24-154
95-08-95 3-27-08 1 4-10(4), 4-24
4-27(a), 4-30
2 Added 4-5(d), (e),
4-14, 4-15,
4-28, 12-1(14)
3 Rpld 4-11(7), 4-23
05-08-50 5-27-08 1 Added 2-400-2-409
5-08-49 6- 9-08 1 2-331, 2-336(6)
2-337, 2-338(1),
(10)
55-08-33 6-23-08 1(1) 16-1
(2) 16-3(b)—(d)
(3) 16-5
25-08-39 7-14-08 1 Rpld 6-24(b)
[The next page is 2043]
Supp. No. 35 2005
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 2-147
13-201 Ch. 9(note) 162.08 2-148
23.011 Ch. 14(note) 162.09 2-149
60.05 2-168 162.10 2-150
2-169 162.11 2-151
Ch. 12(note) Ch. 163 Char., § 59
Ch. 98 Char., § 38 14-1(a)
98.211 Char., § 53 21-302(15)
100.181 Char., § 41 24-17
100.361 Char., § 56 24-48
Ch. 101 Char., § 42 24-277
Ch. 112 2-304 163.3161 Ch. 14(note)
Ch. 112, Pt. III Char., § 66 163.3164 24-17
112.061 Ch. 2, Art. VII, 163.3174 14-22
Div. 3(note) 163.3178 6-27
112.181(2) 2-279 163.3180 24-277
2-310.8 163.3180(12) 24-277
112.65 2-285 24-281
112.311 Ch. 2, Art. II 163.3180(16) 24-284
(note) 163.3180(16)(b) 24-279
112.3173 2-297 163.3180(16)(c) 24-281
2-310.22 163.3184 24-5
Ch. 119 Char., § 65 24-17
Ch. 2(note) 163.3184(15) 24-52(4)
125.68 16-32 163.3194(1) 24-5
Ch. 161 Ch. 5(note) 24-17
161.021 24-17 Ch. 166 Charter(note)
161.041 6-20(b)(3) Char., § 4
161.053 6-20(b)(3) Char., § 57
6-21(e), (r) Char., § 59
Ch. 162 Ch. 2, Art. V, 21-302(9)
Div. 2(note) Ch. 166, Pt. II Char., § 45
7-27 Char., § 60
20-54 166.031 Char., § 79
162.02 2-146 166.041 Char., § 18
162.05 2-141 24-52
2-142 24-132(b)
162.05(4) 2-145 166.101 Ch. 2, Art. VII
162.06 2-147 (note)
162.07 2-143 166.201 Ch. 2, Art. VII
2-144 (note)
Supp. No. 35 2053
F.S.
Section
166.231
166.241
166.0425
166.0445
Ch. 170
Ch. 175
175.101
175.121
Ch. 177
Ch. 177, Pt. I
177.27(15)
177.041
177.051
177.061
177.091
177.101
Ch. 180
Ch. 185
185.02(11)
185.06
185.08
185.16(3)
185.121
185.185
Ch. 192
193.116
196.075
Ch. 205
ATLANTIC BEACH CODE
Section
this Code
Ch. 20(note)
Ch. 20, Art. II
(note)
2-311
Ch. 17(note)
24-17
Ch. 19(note)
2-272
2-290
20-77
2-288
2-288
24-17
24-204
24-205
24-17
24-188
24-204
24-205
6-21(j)
24-205
24-205
24-205
24-204
24-205
24-257
24-192
Ch. 19(note)
2-290
2-30U
2-303
2-304
2-309
2-310.1
2-310.4
2-310.17
2-310.29
2-301
2-303
2-310.16
20-76
2-310.6
2-288
2-310.22
Ch. 20(note)
Char., § 58
20-82
Char., § 58
Ch. 20, Art. III
(note)
Supp. No. 35 2054
F.S.
Section
205.022
205.042
205.043(2)
205.043(3)
205.053
205.053(1)
205.063
205.196
Ch. 218
218.33
Ch. 252
Ch. 253
253.12
286.011
309.01
Ch. 316
316.008
316.008(1)(a)
316.195
316.1945
316.2045
320.823
Ch. 327
335.075
Ch. 367
Ch. 369
Ch. 372
Ch. 373
380.04
381.006
381.031(1)(g)1
381.031(g)3
381.261
Ch. 386
402.311
403.0893
403.413
403.415
413.08
Ch. 469
Section
this Code
20-51
20-52
20-57
20-57
20-54
20-53
20-58
20-59
Ch. 2, Art. VII
(note)
2-311
2-403
24-17
Ch. 5(note)
Char., § 14
Ch. 2(note)
Ch. 5(note)
Ch. 21(note)
21-1
Ch. 21(note)
Ch. 21, Art. II
(note)
Ch. 21, Art. II
(note)
21-16
Ch. 21(note)
21-17
19-1
6-23
Ch. 5(note)
Ch. 19(note)
Ch. 22(note)
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
24-17
4-29
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
Ch. 12(note)
24-152(4)
21-302(9), (10)
5-4
16-7
Ch. 11(note)
Ch. 3, Art. II(note)
Ch. 6, Art. IV
STATUTORY REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
(note) 21-24
Ch. 479 Ch. 17(note) 705.16 Ch. 2,
20-59 Art. II(note)
479.11 17-42 Ch. 760 Ch. 9(note)
Ch. 481, Pt. II 24-177(b) 760.20 Ch. 9,
Ch. 489 Ch. 6(note) Art. II(note)
Ch. 496 18-4(g)(6) 760.22 9-16
20-59 760.23 9-17
496.01 Ch. 18(note) 760.24 9-18
Ch. 513 Ch. 10(note) 760.25 9-22
513.01 10-1 760.29 9-23
Ch. 514 Ch. 6, Art. VI 760.37 9-24
(note) Ch. 767 Ch. 3,
Ch. 538, Pt. I 21-61 Art. II(note)
538.03(1)(a) 21-60 4-26
Ch. 552 Ch. 7(note) 767.12 4-12(1)
Ch. 553 Ch. 6(note) 4-12(2)
6-21(p) 4-12(3)
7-32 4-12(4)
Ch. 553, Pt. VII 6-16 768.28 2-1(b)(1)
553.01 Ch. 6, Art. IV(note) 775.082 4-12(1)
553.15 Ch. 6, Art. III(note) 4-12(2)
553.70 Ch. 6, Art. II(note) 4-12(3)
553.73 7-25 775.083 4-12(1)
Chs. 561-565 3-1 4-12(2)
561.01 Ch. 3(note) 4-12(3)
561.15 3-1 775.084 4-12(3)
562.14(1) 3-2 Ch. 790 15-22(g)(3)
562.45(2) 3-2 790.15 13-3
3-4 Ch. 791 Ch. 7(note)
3-5 7-39
3-6 791.01(4)(b) 13-13
563.01 3-4 791.01(4)(c) 13-13
565.01 3-4 791.02(1) 13-13
590.12 Ch. 7(note) 806.13 6-111
Ch. 633 Ch. 7(note) 22-57
7-32 Ch. 823 Ch. 12(note)
633.35 2-263 Ch. 828 4-5
633.121 Ch. 7(note) 828.27 4-30
633.171 7-27 847.001 17-2
Ch. 650 Ch. 2, Art. VI, 24-17
Div. 2(note) 24-111(c)
2-241 24-114(c)
650.02 2-241 876.05 Char., § 68
650.05 Ch. 2, Art. VI, 893.03 13-4
Div. 2(note) 13-5
674.105 13-12(a)(4) 893.138 2-161
Ch. 679, Pt. V 21-63 893.147 13-5
Ch. 705 Ch. 15, 932.701 Ch. 15,
Art. II(note) Art. II(note)
Supp. No. 35 2055
ATLANTIC BEACH CODE
F.S. Section
Section this Code
943.13 2-262
943.14 2-262
2-301
943.22 2-262
2-301
943.25(8)(a) 15-1
Supp. No. 35 2056
[The next page is 2081]
CODE INDEX
Section
A
ABANDONMENT
Animals and fowl
Dangerous dogs 4-10
Abandoning animals 4-15
Nuisances enumerated
Abandoned wells, basements, refrigerators, etc. 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Open storage of abandoned motor vehicles, refrigerators,
etc 12-1(b)(7)
Parking of abandoned property, vehicles, etc 21-24 et seq.
See: TRAFFIC
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
ADDRESSES, STREET. See: STREET ADDRESSES
ADVERTISING
Confiscated or lost property, disposition of
Advertising sales of 15-18
Fair housing provisions
Prohibited conduct, provisions re advertisement 9-17
Regulations for signs and advertising structures 17-1 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
AIR RIFLES, AIR PISTOLS, ETC.
Discharging prohibited 13-3
ALARMS
Fire prevention and life safety
False silent alarms 7-41
ALCOHOLIC BEVERAGES
Consumption and possession of open container upon public
property 3-9
Consumption on licensee's premises 3-8
Consumption on vendor's premises 3-10
Definitions 3-1
Existing establishments and alcoholic beverage licenses pre-
viously issued 3-6
Exposure of private parts in establishments serving alco-
holic beverages 13-17
Hours of sale 3-2
Licenses
Persons not holding license to sell 3-3
Lighting requirements on premises 3-7
Persons not holding license to sell 3-3
Premises where retail sales for off -premise consumption are
permitted 3-4
Premises where sales for on -premise consumption are per-
mitted 3-5
Supp. No. 35 2101
ATLANTIC BEACH CODE
Section
ALCOHOLIC BEVERAGES (Cont'd.)
Restrictions on location of establishments 3-6
ALLEYS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon alley 21-25(a)(4), (5)
Dogs and cats running at large 4-24
Nuisances enumerated
Throwing, discharging, etc., garbage, filth, etc., into alleys 12-1(b)(2)
Abatement of nuisances, etc. See: NUISANCES
AMENDMENTS TO CODE
Provisions re 1-9
AMPLIFIED SOUND
Loud and raucous noises 11-2
AMUSEMENTS AND AMUSEMENT PLACES
Amusement device code adopted 6-161
ANIMALS AND FOWL
Animal shelter
Breaking open fences, gates, etc.; letting loose animals;
etc 4-3
Beach safety zone; animals on 5-17
Bird sanctuary
City designated; shooting, molesting, etc., birds 4-4
Cats. See herein: Dogs and Cats
Citations; penalties 4-30
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Cruelty to animals 4-5
Dogs and cats
Damaging property 4-26
Dangerous dogs 4-10
Abandoning animals 4-15
Appeals 4-11
Attack or bite by dangerous dog; penalties; confiscation;
destruction 4-12
Legislative findings 4-8
Certification of registration 4-11
Classification as dangerous 4-11
Confinement of animal 4-11
Exemption 4-11
Neglect; restraint by chaining; animal bites 4-28
Notice and hearing requirements 4-11
Police or service dog, bite by a; exemption from quaran-
tine 4-13
Severe injury by dog; impoundment; destruction 4-14
Unlawful acts 4-11
Definitions 4-21
Disturbing the peace 4-27
Supp. No. 35 2102
CODE INDEX
Section
ANIMALS AND FOWL (Cont'd.)
Leashing dogs 4-25
Muzzles
Dogs to be muzzled 4-25
Rabies
Dogs or cats suspected of having rabies 4-29
Running at large 4-24
Enforcement 4-1
Hogs, keeping 4-7
Impounding officer
Interfering with 4-2
Impounding vehicles
Breaking open fastenings, etc.; letting loose animals; etc. 4-3
Injuries caused by animals 4-9
Interfering with officers 4-2
Noise
Dogs or cats disturbing the peace 4-27
Loud and raucous noises 11-2
Nuisances. See also that subject
Allowing animal carcass to remain in place 12-1(b)(1)
Birds constituting nuisance 4-4
Dogs or cats running at large, etc 4-24
Keeping, feeding, etc., hogs, horses, chickens, etc., which
may be injurious to health and well-being of persons 12-1(b)(5)
Public sewers
Depositing animal excrement 22-71
Registration
Dogs and cats. See herein that subject
Removal of animals from animal shelter or impounding
vehicles 4-3
Running at large
Dogs and cats. See herein that subject
Stables, maintaining 4-7
ANNEXATION
Certain ordinances saved from repeal 1-5
APPROPRIATIONS. See: FINANCES
ARRESTS
Arsonists
Reward for information leading to arrest and conviction . 7-2
ARSONISTS
Reward for information leading to conviction of 7-2
ASSESSMENTS
Additional court costs assessed for police training 15-1
Insurance premium taxes, assessment of 20-76, 20-77
Special assessment liens 23-40
ATTORNEY. See: CITY ATTORNEY
Supp. No. 35 2103
ATLANTIC BEACH CODE
AUDITS
Uniform travel policy and procedure
Auditing of travel expense reports or vouchers
B
BAIL BONDS
Additional court costs assessed for police training
Forfeited bail bonds
Section
2-365
15-1
BARRICADES
Building sewers and connections
Barricading, restoring excavations 22-111
BASEMENTS
Abandoned basements, nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
BEACHES
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Animals
Dogs and cats running at large 4-24
Dogs upon beaches to leashed, muzzled, etc. 4-25
Beach safety zone
Animals 5-17
Use of vehicles 5-16
Closing during emergencies 5-1
Lifeguards
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc. 2-6
Parking of sailboats not to obstruct lifeguard activities 5-6
Lighting of fires 5-3
Littering 5-4
Motorized apparatus
Beach safety zone, use of vehicles 5-16
Operating within two hundred feet of beach 5-7
Parks, playgrounds and recreation. See also that subject
Public parks; use prohibited after dark 5-31
Sailboats, catamarans, vessels
Motorized apparatus. See herein that subject
Parking 5-8
Sailboats parked not to obstruct lifeguard activities 5-6
Transporting by motorized vehicle 5-7
Sleeping on the beach 5-2
Surfboards 5-5
Vessels. See herein: Sailboats, Catamarans Vessels
Supp. No. 35 2104
CODE INDEX
Section
BEAUTIFICATION
Community development board
Duties of board re beautification of city 14-20(7)
BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY-
EES
BIDS, BIDDING
Purchasing 2-331 et seq.
See: PURCHASES, PURCHASING
BILLBOARDS. See: SIGNS AND ADVERTISING STRUC-
TURES
BIRD SANCTUARY. See also: ANIMALS AND FOWL
City designated sanctuary; shooting, molesting, etc., birds4-4
BITES
Animal bites 4-28
Dog bites, etc 2-29
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF
CITY
BOATS
Boat trailers. See: RECREATIONAL VEHICLES
Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq.
See: BEACHES
BOND ISSUES
Certain ordinances saved from repeal 1-5
BONDS, BML
Additional court costs assessed for police training
Forfeited bail bonds 15-1
BONDS, BID
Purchasing procedure, bid deposits or bid bonds 2-333
BOOKS
Obscene matter prohibited 13-6
BOUNDARIES OF ZONING DISTRICTS. See: ZONING
BUDGET
Certain ordinances saved from repeal
Director of finance's duties re
See also: FINANCES
1-5
2-76
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption 6-16
Amendments 6-17
Boathouses, docks and gazebos on docks 6-25
Construction site management 6-18
Housing code
Adoption 6-120
Supp. No. 35 2105
ATLANTIC BEACH CODE
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Nonhabitable major structures; residential dune crossover
structures
Schedule of building permit fees
Wastewater system, building sewers and connections
Conformance with building code
Building official
Flood hazard districts, enforcement of provisions
Numbering of buildings
Duties of official
Building permits
Fire prevention and life safety
Building sewers and connections
See: WASTEWATER SYSTEM
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Community development board
See: PLANNING
Electrical code
See: ELECTRICAL CODE
Fire prevention and protection
See: FIRE PREVENTION AND PROTECTION
Flood hazard districts
See: FLOOD HAZARD DISTRICTS
Housing code
Adoption
Loitering, sleeping, etc., in public buildings
Loud and raucous noises
Mechanical inspections
Nuisances. See also that subject
Abandoned building rubbish, material, etc
Permitting buildings to become dangerous, unsafe, etc
Structurally unsound structures, etc.
Numbering of buildings
Attachment of numbers to buildings
Building official
Duties
Removing or defacing
Required
Street numbering districts designated
System of number
Permits. See herein: Building Permits
Plumbing code
See: PLUMBING CODE
Signs placed on public buildings and structures and within
public parks
Wastewater system
Sewer system extensions, construction
Water service
Temporary service for construction work
Section
6-24
6-26
22-106
8-11
6-108
7-32
22-101 et seq.
2-146
14-16 et seq.
6-31 et seq.
7-1 et seq.
8-1 et seq.
6-120
13-2
11-2
6-77
12-1(b)(7)
12-1(b)(8)
12-1(b)(6)
6-107
6-108
6-111
6-106
6-109
6-110
6-56 et seq.
17-32
22-192, 22-195
22-17
Supp. No. 35 2106
CODE INDEX
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Water shortages
Permitting water to be used from fire hydrants for con-
struction work 22-39(e)(4)
Zoning, subdivision and land development regulations 24-1 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
BURNING, OPEN
Fire prevention and life safety 7-36
BUSES
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
BUSINESS LICENSE
Local business license tax 20-51 et seq.
See: TAXATION
BUSINESS TRUSTS
Definition of "person" to include business trusts 1-2
C
CAMPERS. See: RECREATIONAL VEHICLES
CANALS. See: WATERCOURSES, WATERWAYS
CARNIVALS
Water service, temporary 22-17
CATS
Regulated 4-21 et seq.
See: ANIMALS AND FOWL
CEMETERIES
Definition of "public place" to include cemeteries 1-2
CERTIFICATES
Fire prevention and life safety
Permits and certificates 7-38
Zoning, subdivision and land development regulations
Concurrency management system and proportionate fair -
share
Projects not requiring a concurrency certificate 24-272
CESSPOOLS
Constructing 22-73
CHARITABLE CONTRIBUTIONS
City funds use for prohibited 2-2
CHARITABLE SOLICITATIONS. See: SOLICITORS, PED-
DLERS, ETC.
CHARTER
Defined 1-2
Supp. No. 35 2107
ATLANTIC BEACH CODE
CHICKENS. See also: ANIMALS AND FOWL
Keeping chickens or poultry
CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT
CHIEF OF POLICE. See: POLICE DEPARTMENT
CHILDREN. See: MINORS
Section
4-7
CHURCHES
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
CIRCUSES
Water service, temporary 22-17
CITY ATTORNEY
Code enforcement board
City attorney shall be counsel to board, etc 2-145
CITY COMMISSION
Community development board
Certification of plans and recommendations to commission 14-21
Duties re commission 14-20
Defined 1-2
Members appointed by 14-17
Mayor -commissioner
Old -age and survivors insurance
Execution of agreements by mayor -commissioner 2-242
Meetings
Rules of conduct and procedure at 2-19
Special meetings, calling 2-17
Time and place of regular meetings 2-16
Quorum 2- 18
Resignation from office; election procedures 2-21
Salary 2-20
Solid waste and recycling
Franchise agreements
Application; fee action by city commission 16-20
CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES
CITY OF ATLANTIC BEACH
Defined
CLOTHING
Beaches. See also that subject
Undressing or changing clothes
COCAINE. See: DRUGS
1-2
CODE ENFORCEMENT BOARD
Appeals 2-151
Supp. No. 35 2108
CODE INDEX
DRAINAGE
Mobile home parks and recreational vehicle parks
Designed for drainage of surface water
Nuisances
Allowing or permitting stagnant water to accumulate
upon surface of ground
Discharge of water from water -source heat pumps into
storm drainage systems
Abatement of nuisances, etc. See: NUISANCES
Sewers
Building sewers and connections
Foundation drains, surface runoff, etc.
Discharging groundwater, subsurface drainage, etc., into
sanitary sewers
DRIVEWAYS
Abandoned, wrecked, junked, etc., vehicles
Left unattended in front of driveways
Building sewers and connections
Foundation drains, surface runoff, etc
Digging up driveways, streets, etc
Public sewers, use of
Discharging stormwater, etc., into storm sewers or natural
outlets
Discharging subsurface drainage, groundwater, etc., into
sanitary sewers
Stopping, standing and parking vehicles in driveways
Water shortages
Washing of driveways
DRUGS (Cocaine, marijuana, hashish, controlled substances,
etc.)
Drug paraphernalia
Definitions
Sale, display, etc., of paraphernalia
DUVAL COUNTY
Definition of "county"
E
EARTHQUAKES
Community development board
Duties of board re replanning, reconstruction, etc., of areas
damaged by earthquakes
EASEMENTS
Wastewater system, powers and authority of inspectors
Provisions re easements
Waterworks system
Granting necessary easements by consumer
Supp. No. 35 2113
Section
10-2
12-1(b)(4)
12-1(b)
22-108
22-127
21-25(a)(1)
22-108
19-2
22-128
22-127
21-17(2)
22-39(e)
13-4
13-5
1-2
14-20(12)
22-154
22-18
ATLANTIC BEACH CODE
Section
ELECTRICAL CODE
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Electrical inspections
Fees 6-37
Electrical permits
Fees 6-37
Inspections. See herein: Electrical Inspections
Mobile home parks and recreation vehicle parks
Electric wiring to comply with electrical code 10-2(4)
Permits. See herein: Electrical Permits
ELECTRICITY
Public service tax on electricity 20-16 et seq.
See: TAXATION
EMERGENCIES
Beaches, closing during emergencies 5-1
Comprehensive emergency management plan 2-400 et seq.
See: EMERGENCY MANAGEMENT
Noise provisions; exceptions 11-5
Stopping, standing or parking of vehicles for emergency
repairs 21-21(2)
Waterworks system
Right of city to restrict use of water in cases of emergency 22-36
Water shortages 22-39
EMERGENCY MANAGEMENT
Comprehensive emergency management plan
Administrative rules 2-408
Authority to declare states of local emergency ......... , , , 2-403
Definition of emergency 2-402
Effect and purpose of state of local emergency 2-406
Emergency management plans 2-405
Limit of authority 2-407
Penalties 2-409
Proclamation 2-404
To activate 2-405
Term 2-404
Violation 2-409
Overcharging prohibited 2-400
EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES
ENCLOSURES. See: FENCES, WALLS, HEDGES AND EN-
CLOSURES
ENVIRONMENTAL AND NATURAL RESOURCE REGULA-
TIONS
Wellhead protection 24-261 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Supp. No. 35 2114
CODE INDEX
Section
ESTATES
Definition of "person" to include estate 1-2
EXCAVATIONS
Abandoned wells, excavations, etc.
Nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Supp. No. 35 2114.1
CODE INDEX
Section
FINES, FORFEITURES AND PENALTIES. See also specific
subjects
General penalty; continuing violations
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting
ordinance of this code
FINGERPRINTING
Charitable solicitation permit regulations re 18-2
FIRE DEPARTMENT
Chief of fire department
Appointment 2-61
Compensation 2-61
Duties and authority 2-62
Fire prevention code
Appeals from actions of chief 7-19
Enforcement of code by chief 7-17
Modifications of code by chief 7-18
Director of public safety
Supervision of fire department 2-41
Fire chief. See herein: Chief of Fire Department
Life guard division 2-63
FIRE HYDRANTS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended within fifteen feet of hydrant 21-25(a)(1)
Fire prevention and life safety
Fire hydrants and fire department connections 7-35
Stopping, standing or parking vehicle within fifteen feet of
hydrant 21-17(4)
Water shortages
Permitting water to be used from fire hydrants 22-39(e)(4)
FIRE PREVENTION AND PROTECTION
Arsonists
Reward for information leading to conviction of 7-2
Fire prevention and life safety
Alarms
False silent alarms 7-41
Appeals 7-25
Building permits 7-32
Burning, open 7-36
Codes
Adopted 7-18
Modifications 7-42
Compliance 7-23
Dangerous conditions
Notice to eliminate 7-21
Compliance 7-23
Summary abatement 7-26
Definitions 7-17
Supp. No. 35 2117
ATLANTIC BEACH CODE
Section
FIRE PREVENTION AND PROTECTION (Cont'd.)
Fees 7-30
False silent alarms 7-41
Fire hydrants and fire department connections 7-35
Fireworks 7-39
Hazardous materials identification and information 7-34
Inspection 7-19
Authority to require exposures or stop work 7-24
Appeals 7-25
Fees 7-30
Right of entry 7-20
Investigating fires, authority 7-28
Key vault security requirement 7-29
Modifications 7-42
Occupant load/overcrowding 7-40
Open burning 7-36
Permits and certificates 7-38
Building permits 7-32
Fees 7-30
Purpose and intent 7-16
Right of entry 7-20
Service of orders 7-22
Appeals 7-25
Compliance 7-23
Smoke detection power source 7-33
Stop work, authority to require 7-24
Appeals 7-25
Street address identification 7-37
Testing, fees 7-30
Violations
Penalties and other remedies for violations 7-27
Service of orders to correct violations 7-22
Summary abatement 7-26
Reward for information leading to conviction of arsonists7-2
Title 7-1
Water service charges
Private fire protection service 22-30
Zoning, subdivision and land development regulations
Zoning regulations
General provisions and exceptions
Replacement of lawfully existing residential uses in-
cluding those damaged or destroyed by fire, weath-
er-related or other unintended acts 24-87
FIREARMS AND WEAPONS
Discharging firearms, air guns, etc 13-3
Disposal of confiscated or lot firearms 15-22
Hunting, shooting, etc., birds or wild fowl 4-4
Replica firearms
Definitions 13-8
Supp. No. 35 2118
CODE INDEX
Section
FIREARMS AND WEAPONS (Cont'd.)
Possession and use regulated 13-9
FIRES
Beaches, fires 5-3
Community development board
Duties re board for redevelopment, reconstruction, etc., of
areas damaged by fires, floods, etc 14-20(12)
Nuisances
Permitting buildings to become unsafe, dangerous, etc.,
because of fire 12-1(b)(8)
Abatement of nuisances, etc. See: NUISANCES
Water service, provisions re meters destroyed by fire
Basis for billing if meter fails to register 22-24
FIREWORKS
Fire prevention and life safety
Provisions re fireworks 7-39
Noise provisions; exceptions 11-5
Regulation of fireworks 13-13
FIRMS
Definition of "person" to include firms 1-2
FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC.
Public sewers, use of
Prohibited discharges 22-129
FLEA MARKETS
Defined; prohibited 13-11
FLOOD HAZARD AREAS
Abrogation and greater restrictions 8-9
Areas of special flood hazard, basis for establishing 8-7
Community development board 14-16 et seq.
See: PLANNING
Compliance 8-8
Definitions 8-5
Development permit
Application procedures 8-24
Established 8-23
Findings of fact 8-2
Flood hazard reduction standards
Areas of shallow flooding (AO Zones) 8-35
Generally 8-31
Specifically 8-32
Streams without established base flood elevations and/or
floodways 8-33
Subdivision proposals 8-34
Interpretation 8-10
Lands to which this chapter applies 8-6
Local floodplain administrator 8-21
Duties and responsibilities 8-22
Supp. No. 35 2119
ATLANTIC BEACH CODE
Section
FLOOD HAZARD AREAS (Cont'd.)
Objectives 8-4
Purpose 8-3
Statutory authorization 8-1
Variance procedures 8-25
Violations and penalties 8-12
Warning and disclaimer of liability 8-11
FLOODS
Community development board
Duties of board re reconstruction, replanning, etc., of areas
damaged by flood 14-20(12)
FOOD AND FOOD ESTABLISHMENTS
Alcoholic beverage sales in restaurants, etc. 3-2 et seq.
Loitering in restaurants, luncheonettes, etc 13 2
Uniform travel policy and procedure for city employees
Schedule for meal allowance 2-360
Subsistence 2-361
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Agreements, franchise 16-12 et seq.
See: SOLID WASTE AND RECYCLING
Certain ordinances saved from repeal 1-5
FRAUD
City employees retirement system
Protection against fraud 2-297
Uniform travel policy and procedure
Fraudulent claims 2-366
G
GARAGE SALES
Flea markets by definition re; prohibited
Zoning, subdivision and land development regulations
Outdoor display, sale and storage of furniture, household
items, merchandise and business activities outside of
enclosed buildings
13-11
24-154
GARBAGE AND REFUSE
Beaches, leaving refuse on 5-4
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Nuisances. See also that subject
Abandoned building material, building rubbish, etc. 12-1(b)(7)
Abandoned debris, etc. 12-1(b)(6)
Depositing garbage, etc 12-1(b)(2)
Depositing rubbish 12-1(b)(3)
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130
Supp. No. 35 2120
CODE INDEX
Section
GARBAGE AND REFUSE (Cont'd.)
Prohibited discharges of unground garbage, etc 22-129(4)
Supp. No. 35 2120.1
CODE INDEX
Section
HOUSING (Cont'd.)
Solid waste and recycling
Franchise agreements
Residential and commercial solid waste collection fran-
chise 16-12
Zoning, subdivision and land development regulations
Zoning regulations
General provisions and exceptions
Replacement of lawfully existing residential uses in-
cluding those damaged or destroyed by fire, weath-
er-related or other unintended acts 24-87
Supplemental regulations
Off-street parking and loading
Multifamily residential uses, additional require-
ments for 24-161(j)
HUMAN RELATIONS
Fair housing 9-16 et seq.
See: FAIR HOUSING
HUNTING
Hunting birds, wild fowl, etc. 4-4
HYDRANTS. See also: FIRE HYDRANTS
Abandoned, wrecked, junked, etc., vehicles
Left unattended within fifteen feet of fire hydrants 21-25(a)(1)
Stopping, standing or parking vehicle within fifteen feet of
fire hydrant 21-17(4)
I
IMPOUNDMENT
Abandoned, wrecked, junked, etc., vehicles
Removing and impounding 21-25
Towage and storage charges 21-26
Animal provisions 4-2 et seq.
See: ANIMALS AND FOWL
IMPROVEMENTS
Community development board
List of recommended capital improvements 14-20(6)
Recommending improvements for city 14-20(11)
Subdivision regulations
Required improvements 24-221 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Zoning, subdivision and land development regulations
Concurrency management system and proportionate fair -
share
Timing and completion of required public facility im-
provements 24-274
Supp. No. 35 2123
ATLANTIC BEACH CODE
INDECENCY AND OBSCENITY
Alcoholic beverage establishments
Exposure of private parts in
Section
13-17
Obscene matter prohibited 13-6
INSECTS, INSECT CONTROL
Nuisances enumerated
Allowing stagnant water to accumulate, prevention of the
propagation of mosquitoes 12-1(b)(4)
Abatement of nuisances, etc. See: NUISANCES
INSURANCE
Insurance premium taxes 20-76 et seq.
See: TAXATION
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND EMPLOYEES
Wrecker service liability insurance 21-53
INTERSECTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended within intersection
Stopping, standing or parking vehicles within twenty feet of
intersection
INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES
J
21-25(a)(1)
21-17(3)
JUNK
Parking, storing or leaving of junked vehicles 21-24 et seq.
See: TRAFFIC
L
LAKES. See: WATERCOURSES, WATERWAYS
LAND DEVELOPMENT. See: ZONING, SUBDIVISION AND
LAND DEVELOPMENT REGULATIONS
LANDSCAPING
Zoning provisions re 24-176 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
LAWNS
Waterworks system
Water shortages; irrigation of lawns
22-39
LEASHING DOGS
Provisions re 4-25
LICENSES AND PERMITS
Alcoholic beverages
Persons not holding licenses to sell
Supp. No. 35 2124
3-3
CODE INDEX
Section
LICENSES AND PERMITS (Cont'd.)
Building code
Schedule of building permit fees 6-26
Building sewers and connections, permits 22-102, 22-103
Charitable solicitations 18-2 et seq.
See: SOLICITORS, PEDDLERS, ETC.
Development permit 8-23 et seq.
See: FLOOD HAZARD AREAS
Digging up streets
Permit required of public utilities 19-2
Franchise agreements 16-12 et seq.
See: SOLID WASTE AND RECYCLING
Local business license tax 20-51 et seq.
See: TAXATION
Mechanical permits 6-77
Motor vehicle title loan lending license 21-64, 21-66
See: TITLE LOANS
Parades and processions, permits for 21-2
Plumbing permit 6-58 et seq.
See: PLUMBING CODE
Private wastewater disposal, permits 22-88
Residential parking sticker program; permits re 21-27
Sign permits 17-61 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
Subdivision regulations 24-186
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Tree protection re 23-17
Zoning provisions 24-1 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
LIENS
Code enforcement board, provisions re liens 2-149, 2-150
Weeds, cost for removal
Special assessment liens 23-40
LIFEGUARDS
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc
Parking of sailboats on beaches not to obstruct lifeguard
activities
Other regulations. See: BEACHES
LIGHTS, LIGHTING
Alcoholic beverage establishments
Lighting requirements on premises
Mobile home parks and recreation vehicle parks
Illuminating at night
Supp. No. 35 2125
2-6
5-6
3-9
10-2(2)
ATLANTIC BEACH CODE
Section
LITTERING
Beaches, leaving refuse 5-4
LOCAL BUSINESS LICENSE TAX. See: TAXATION
LOCAL LAND DEVELOPMENT REGULATION COMMIS-
SION
Community development board designated as 14-22
See: PLANNING
LOCAL PLANNING AGENCY
Community development board designated as
See also: PLANNING
14-22
LOITERING
Provisions re 13-2
LOST PROPERTY
Disposition of by police 15-16
See: POLICE DEPARTMENT
LOTS
Solid waste and recycling
Removal of lot clearing, contractors' debris; oil and grease 16-8
Vacant lots
Dogs and cats running at large 4-24
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohib-
ited; compost piles 16-7
Zoning, subdivision and land development regulations 24-1 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
LOTJDSPE A KER S
Alcoholic beverage establishments
Playing of musical or noise -producing equipment outside
of buildings
M
3-10
MAGAZINES
Obscene matter prohibited 13-6
MAIL
Definition of "registered mail" 1-2
MAPS
Community development board
Recommending proposed changes in official map of city 14-20(3)
Zoning, subdivision and land development regulations 24-1 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
MARIJUANA. See: DRUGS
MAYOR -COMMISSIONER. See: CITY COMMISSION
Supp. No. 35 2126
CODE INDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Deaths
Retirement system. See herein that subject
Defense of civil actions against; payment of judgments or
settlements 2-1
Definition 1-2
Director of finance 2-71 et seq.
See: FINANCES
Director of public safety 2-41
Disability retirement
Retirement system. See herein that subject
Insurance
Old -age and survivors insurance. See herein that subject
Joint authority
Defined 1-2
Life guard captain 2-63
Local floodplain administrator 8-21
Old -age and survivors insurance
Appropriations and payment of contributions by city 2-244
Custodian of funds and withholding and reporting agent
Designation of 2-248
Exclusions 2-246
Executive of agreements by mayor -commissioner 2-242
Records and reports 2-245
Social Security Act, acceptance of 2-247
Statement of policy 2-241
Withholdings from wages 2-243
Pensions
Old -age and survivors insurance. See herein that subject
Retirement system. See herein that subject
Retirement system
Assignments prohibited 2-295
Benefit groups 2-263
Benefit limitations and required distributions 2-299
Board of trustees
Actuarial data; report to city commission 2-265
Compensation 2-269
Composition 2-266
Meetings, quorum, voting 2-269
Responsibilities and duties generally 2-264
Term of office; oath of office 2-267
Vacancy, filling 2-268
Voting 2-269
Chairperson, secretary, treasurer, etc 2-270
City contribution 2-288
Created, purpose 2-261
Credited service 2-272
Loss of credited service 2-273
Military service credit 2-275
Reinstatement of credited service 2-274
Supp. No. 35 2131
ATLANTIC BEACH CODE
OFFICERS AND EMPLOYEES (Cont'd.)
Death while in city employment
Automatic pension to spouse and/or children
Elective survivor pension
Deferred retirement upon separation from employment
(vesting)
Definitions
Disability retirement
Continuation subject to re-examination; return to em-
ployment
General conditions for eligibility
Errors
Expenses of administering system
Fraud, protection against
Investment of retirement system assets
Level straight life pension, amount of
Member contributions
Membership generally
Method of making payments
Military service credit
Normal retirement date and payment date
Officers and employed services
Optional forms of pension payment
Police officers' retirement system
Alternate death while in city employment; pension to
spouse and/or children
Assignments prohibited
Benefit groups
Benefit limitations and required distributions
Board of trustees
Actuarial data; report to city commission
Responsibilities and duties generally
Composition
Meetings; quorum; voting; compensation
Term of office; oath of office
Vacancy; filling of vacancy
Calculation of pension benefit
City contribution
Claim review procedure
Created, purpose
Credited service
Death while in city employment; elective survivor pen-
sion
Deferred retirement upon separation from employment
(vesting)
Definitions
Supp. No. 35 2132
Section
2-283, 2-284
2-284
2-283
2-278
2-262
2-280
2-279
2-296
2-292
2-297
2-290
2-281
2-298
2-271
2-294
2-275
2-277
2-270
2-282
2-310.13
2-310.20
2-302
2-310.28
2-304
2-303
2-305
2-308
2-306
2-307
2-310.10
2-310.16
2-310.25
2-300
2-310.1
2-310.12
2-310.7
2-301
CODE INDEX
Section
PARTNERSHIPS
Definition of "person" to include partnerships 1-2
PEDDLERS. See: SOLICITORS, PEDDLERS, ETC.
PEDESTRIANS
Obstruction of passage of pedestrians 13-2
PENSIONS
Retirement system for city employees
See: OFFICERS AND EMPLOYEES
PERMITS. See: LICENSES AND PERMITS
PERSON
Defined
PICTURES
Obscene matters prohibited
2-281 et seq.
1-2
13-6
PLANNED UNIT DEVELOPMENT
Zoning provisions re 24-126 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
PLANNING
Community development board
Appeals
Certification of board actions to the city manager
Composition
Cost
Created
Duties
Enforcement; penalties
Legal proceedings
Local planning agency
Officers
Petition of illegality
Powers
Proceedings of the board
Qualifications of members
Removal of members
Terms of office of members
Vacancies, filling
Comprehensive emergency management plan
See: EMERGENCY MANAGEMENT
Comprehensive plan
Zoning, subdivision and land development regulations
Zoning regulations
Supplemental regulations
Off-street parking and loading
Plans required
Supp. No. 35 2135
14-24
14-21
14-17
14-26
14-16
14-20
14-27
14-28
14-22
14-17
14-25
14-20
14-23
14-17
14-19
14-18
14-18
2-400 et seq.
14-1
24-161(c)
ATLANTIC BEACH CODE
PLATS, PLATTING
Code enforcement board's power to subpoena surveys, plats,
etc.
PLUMBING CODE
Building sewers and connections
Conformance with plumbing code
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Mobile home parks and recreational vehicle parks
Plumbing to comply with plumbing code
Permits
Determination of ownership of secondhand fixtures prior
to issuance
Water conservation regulations
Waterworks system
Approval of plumbing prior to connection with water
system
Section
2-148
22-106
2-146
10-2(5)
6-58
6-59
6-61
22-35
POISONOUS SOLIDS, LIQUIDS OR GASES
Public sewers, use of
Prohibited discharges 22-129
POLICE DEPARTMENT
Additional court costs assessed for police training 15-1
Animal and fowl provisions
Interfering with police officer 4-2
Police or service dog, bite by a; exemption from quarantine 4-13
Chief of police
Appointment, compensation, removal 2-51
Confiscated or lost property, disposition of
Duties of chief 15-16 et seq.
Duties and authority 2-52
Powers and authority 2-53
Confiscated or lost property, disposition of
Destruction 15-20
Firearms 15-22
Hours of sales 15-19
Notice of sales 15-18
Sale of confiscated property 15-16
Sale of lost and found property 15-17
Transfer of unclaimed or confiscated property
Transfer for use by city or other governmental agency . 15-21
Director of public safety
Supervision of police department 2-41
Minors on streets and in public places, procedures 13-157
Powers and authority of deputies and chief 2-53
Retirement system 2-300 et seq.
See: OFFICERS AND EMPLOYEES
Supp. No. 35 2136
CODE INDEX
POLICE DEPARTMENT (Cont'd.)
Rotating wrecker call list, establishment of
See: WRECKER SERVICE
POLLUTION
Building sewers and connections
Disposal of polluted surface drainage
Supp. No. 35 2136.1
Section
21-50
22-108
CODE INDEX
RENTALS (Cont'd.)
Waterworks system
Initial payment of minimum water rental
REPEAL OF ORDINANCES. See: CODE OF ORDINANCES
REPLICA FIREARMS
Definitions
Possession and use regulated
RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS
Section
22-16
13-8
13-9
RETIREMENT
Retirement system for city employees 2-261 et seq.
See: OFFICERS AND EMPLOYEES
REWARDS
Arsonists
Reward for information leading to conviction of 7-2
RIGHTS-OF-WAY
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon any street or right-of-way 21-25(a)
Building sewer installations, excavations within public right-
of-way 22-111
ROOF DOWNSPOUTS
Building sewers and connections
Connection of downspouts 22-108
ROOF RUNOFF OF STORMWATER, ETC.
Discharging into sanitary sewers 22-127
RUBBISH. See also: GARBAGE AND REFUSE
Nuisances enumerated 12-1
Abatement of nuisances, etc. See: NUISANCES
S
SAFETY. See: PUBLIC SAFETY
SAFETY ZONES
Beach safety zones 5-16 et seq.
See: BEACHES
Roadway safety zones 19-5
SAILBOATS
Beaches, regulations for 5-1 et seq.
See: BEACHES
SALES
Alcoholic beverage sales 3-2 et seq.
See: ALCOHOLIC BEVERAGES
Confiscated or lost property, disposition of
Sale of property 15-16 et seq.
See: POLICE DEPARTMENT
Supp. No. 35 2139
ATLANTIC BEACH CODE
Section
SALES (Cont'd.)
Drug paraphernalia, sale of 13-5
Fair housing, discrimination in sales 9-17 et seq.
See: FAIR HOUSING
Standing or parking vehicle for purpose of displaying it for
sale 21-21
Zoning, subdivision and land development regulations
Outdoor display, sale and storage of furniture, household
items, merchandise and business activities outside of
enclosed buildings 24-154
SCHOOLS
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
Sexual predators residency requirement 13-161
SCHOOL YARDS
Definition of "public place" to include school yards
SECONDHAND PLUMBING FIXTURES
Plumbing permits
Determination of ownership of secondhand fixtures prior
to issuance
1-2
6-58
SEPTIC TANKS
Constructing 22-73
SETBACKS
Mobile home parks and recreational vehicle parks
Setback requirements
SFVFRARTTJTV OF PARTS OF CODE
Provisions re
10-2(3)
1-8
SEWERS AND SEWAGE DISPOSAL
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
SEXUAL CONDUCT
Sexual predators residency requirement 13-161
SEXUAL DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
SHAFTS, ABANDONED
Nuisances enumerated 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
SHALL; MAY
Definition 1-2
SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
Supp. No. 35 2140
CODE INDEX
SIGNS AND ADVERTISING STRUCTURES
Cause for removal of signs, abandoned signs, and prohibited
signs
Prohibited signs and devices
Supp. No. 35 2140.1
Section
17-42
CODE INDEX
Section
SOLID WASTE AND RECYCLING (Cont'd.)
Solid waste collection 16-2
White goods, bulk items and special pickups, procedure and
fees for removal 16-9
STABLES
Maintaining 4-7
STAGNANT WATER
Nuisances. See also that subject
Allowing or permitting stagnant water to accumulate 12-1(b)(4)
STATE MISDEMEANORS
Committing 13-1
STATE OF FLORIDA
Definition 1-2
STATE TRAFFIC LAW
Adoption of Florida Uniform Traffic Control Law 21-1
STOPPING OF VEHICLES
Regulated 21-16 et seq.
See: TRAFFIC
STORAGE
Abandoned, wrecked, junked, inoperative, etc., vehicles
Parking, storing or leaving longer than seventy-two hours
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Towing and storage, charges for 21-51
See also: WRECKER SERVICE
Zoning, subdivision and land development regulations
Outdoor display, sale and storage of furniture, household
items, merchandise and business activities outside of
enclosed buildings 24-154
STORM DRAINAGE. See: DRAINAGE
STORMWATER
Discharging into sanitary sewers 22-127
Discharging into storm sewers or natural outlets 22-128
Flood hazard provisions 8-1 et seq.
See: FLOOD HAZARD AREAS
STORMWATER MANAGEMENT
Billing 22-310
Collection 22-310
Comprehensive plan re 22-304
Customer base 22-308
Definitions 22-303
Directors 22-306
Enterprise fund 22-309
Findings of fact 22-302
Supp. No. 35 2143
ATLANTIC BEACH CODE
Section
STORMWATER MANAGEMENT (Cont'd.)
Powers and duties 22-307
Rates and charges
Appeal process 22-337
Definitions 22-333
Enforcement 22-336
Fee schedule 22-335
Findings of fact 22-332
Short title 22-331
Utility fee category 22-334
Violations and penalties 22-336
Short title 22-301
Utility established 22-305
STREAMS. See: WATERCOURSES, WATERWAYS
STREET ADDRESSES
Fire prevention and life safety
Street address identification 7-37
Numbering of buildings, mobile homes, etc.
Mobile home parks and recreational vehicle parks
Requirements for 10-2(7)
Provisions re 6-106 et seq.
See: BUILDINGS AND BUILDING REGULATIONS
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Abandoned, wrecked, junked, etc., vehicles
Left unattended on sidewalks 21-25
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
B ilr�i nr sewers and ccnncctions
Barricading, restoring excavations in streets, sidewalks,
etc 22-111
Closing of streets for various events 19-3
Community development board 14-16 et seq.
See: PLANNING
Definitions 1-2
Digging up streets. See herein: Excavations
Dogs on streets to be leashed, muzzled, etc. 4-25
Dogs or cats running at large on public streets 4-24
Driveways
Construction of driveways in rights-of-way 19-7
Excavations
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions 21-25(a)(2)
Digging up streets prohibited; exception as to public util-
ities; etc. 19-2
Stopping, standing or parking vehicles alongside or oppo-
site any street excavation 21-17(7)
Supp. No. 35 2144
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS
Accessory uses and structures
Supplemental regulations 24-151
Adoption and authority 24-1
Amendments 24-4
Blocks
Subdivision design and construction standards 24-254
Boats and watercraft
Supplemental regulations 24-172
Central business district (CBD)
Establishment of districts 24-114
Centralized sewer and water services
Subdivision design and construction standards 24-259
Child care
Supplemental regulations 24-152
Churches
Supplemental regulations 24-153
Clearing and grading of rights-of-way
Subdivision design and construction standards 24-258
Commercial corridor development standards
Supplemental regulations 24-171
Commercial general districts (CG)
Establishment of districts 24-111
Commercial limited district (CL)
Establishment of districts 24-110
Commercial, professional and office (CPO)
Establishment of districts 24-109
Concurrency management system and proportionate fair -
share
Administrative responsibility 24-270
Applicability 24-271
Application and review and approval requirements 24-273
Capacity and level of service inventory 24-275
Mitigation of development impacts on transportation cor-
ridors
Applicability 24-277
Application process 24-280
Appropriation of fair -share revenues 24-283
Determining proportionate fair -share obligation 24-281
General requirements 24-279
Other provisions 24-284
Proportionate share agreements 24-282
Schedule of fees to determine proportionate fair -share
mitigation 24-278
Transportation concurrency defined 24-276
Projects not requiring a concurrency certificate 24-272
Purpose and intent 24-269
Timing and completion of required public facility improve-
ments 24-274
Supp. No. 35 2159
ATLANTIC BEACH CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Conservation districts (CON)
Establishment of districts 24-103
Dumpsters, garbage containers and refuse collection areas
and above -ground _tanks
Supplemental regulations 24-160
Environmental and natural resource regulations
Wellhead protection
Authority and responsibilities of the city 24-268
Definitions 24-262
Establishing and mapping wellhead protection areas24-263
Investigations and monitoring 24-264
Notice of release or spill of contaminants in wellhead
protection areas 24-267
Prohibitions in wellhead protection areas 24-265
Purpose and intent 24-261
Requirements within wellhead protection areas 24-266
Establishments offering dancing or live entertainment
Supplemental regulations 24-155
Easements
Subdivision design and construction standards 24-253
Fences
Commercial corridor development standards 24-171(f)
Supplemental regulations
Allowable height of fences and walls 24-157
Swimming pools 24-164(c)
Guardhouses and security buildings
Supplemental regulations 24-158
Home occupations
Supplemental regulations 24-159
Industrial, light and warehousing districts (ILW)
Establishment of districts 24-112
Installation of septic tanks, private wastewater, and on-site
sewage treatment and disposal systems
Subdivision design and construction standards 24-260
Jurisdiction 24-3
Land clearing, tree removal or damage to existing trees and
vegetation
Supplemental regulations 24-168
Landscaping and buffers
Commercial corridor development standards 24-171(g)
Language and definitions
Construction of language 24-16
Definitions 24-17
Legal status and consistency with the comprehensive plan 24-5
Lights and lighting
Commercial corridor development standards 24-171(e)
Service stations 24-165(d)
Swimming pools 24-164(a)
Supp. No. 35 2160
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Lots
Subdivision design and construction standards 24-255
Off -Street parking and loading
Supplemental regulations 24-161
Outdoor display, sale and storage of furniture, household
items, merchandise and business activities outside of
enclosed buildings 24-154
Parking lots
Supplemental regulations 24-162
Purpose and intent 24-2
Residential development standards 24-173
Residential general, multi -family (RG -2 and RG -3)
Establishment of districts 24-107
Residential general, two-family districts (RG -1 and RG -1A)
Establishment of districts 24-106
Residential mobile home districts (RMH)
Establishment of districts 24-108
Residential, single-family districts (RS -1)
Establishment of districts 24-104
Supp. No. 35 2160.1
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Residential general, two-family districts (RG -1 and RG -
1A) 24-106(b)
Residential, single-family districts (RS -1) 24-104(b)
Residential, single-family districts (RS -2) 24-105(b)
Residential mobile home districts (RMH) 24-108(b)
Special purpose district (SP) 24-113
Planned unit development (PUD)
Adoption of ordinance creating a planned unit develop-
ment
Action by the city commission 24-132(a)
Expiration of time limits provided in ordinance 24-132(d)
Minor deviations 24-132(c)
Procedure for adoption 24-132(b)
Application and review procedures
Action by the community development board 24-131(b)
Review by community development director 24-131(a)
Application for rezoning to planned unit development
Information required 24-130(a)
Materials to accompany applications 24-130(b)
Community facilities 24-135
Development standards and criteria
Access 24-134(e)
Density of development 24-134(a)
In -fill development 24-134(g)
Open space 24-134(b)
Privacy 24-134(0
Supporting legal documents for open space 24-134(d)
Waiver of yard, type of dwelling unit, and building
restrictions 24-134(c)
Implementation of a planned unit development
Approval of development plan 24-133(c)
Development plan 24-133(a)
Permits 24-133(d)
Record plans 24-133(b)
Intent 24-127
Permitted uses and site requirements
Permitted uses 24-129(a)
Site requirements 24-129(b)
Purpose 24-126
Purpose and planned unit development defined 24-128
Requirements of this division 24-136
Scope 24-31
Supplemental regulations
Accessory uses and structures
Accessory uses by zoning district 24-151(b)
Authorization 24-151(a)
Allowable height of fences and walls 24-157
Child care 24-152
Supp. No. 35 2167
ATLANTIC BEACH CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Churches 24-153
Commercial corridor development standards
Building form and finish materials 24-171(c)
Delineation of commercial corridors 24-171(b)
Fences 24-171(0
Intent 24-171(a)
Landscaping and required buffers 24-171(g)
Lighting 24-171(e)
Signs 24-171(d)
Dumpsters, garbage containers and refuse collection
areas and above -ground tanks 24-160
Establishments offering dancing or live entertainment24-155
Exceptions to height limitations 24-156
Guardhouses and security buildings 24-158
Home occupations 24-159
Land clearing, tree removal or damage to existing trees
and vegetation 24-168
Off-street parking and loading 24-161
Bicycle parking 24-161(k)
Design requirements 24-161(g)
General requirements and limitations for parking
areas 24-161(b)
Location of required off-street parking spaces 24-161(0
Measurement 24-161(d)
Multifamily residential uses, additional requirements
for 24-161(j)
Off-street loading spaces 24-161(i)
Parking areas and tree protprtion 2d-161(1)
Parking space requirements 24-161(h)
Plans required 24-161(c)
Purpose and intent 24-161(a)
Uses not specifically mentioned 24-161(e)
Outdoor display, sale and storage of furniture, house-
hold items, merchandise and business activities
outside of enclosed buildings 24-154
Parking lots 24-162
Required buffers between residential and non-residen-
tial uses 24-167
Satellite dish antenna 24-170
Service stations
Access to site 24-165(b)
Lighting 24-165(d)
Location of pumps and structures 24-165(c)
Lot dimensions 24-165(a)
Signs 24-166
Storage and parking of commercial vehicles and recre-
ational vehicles and equipment and repair of vehi-
cles in residential zoning districts 24-163
Supp. No. 35 2168
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Swimming pools
Fences 24-164(c)
Lights 24-164(a)
Setbacks 24-164(b)
Utility structures 24-169
Supp. No. 35 2169