AB Code Supplement 39SUPPLEMENT NO. 39
February 2012
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. 60-12-17, adopted January 9, 2012.
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)
SH:1 SH:1
157, 158 157, 158
167-172 167-172.6
299, 300 299-300.1
521-534.1 521-545
787-794 787-794.2
1003-1012 1003-1013
1113, 1114 1113-1127
1307, 1308 1307, 1308
2007 2007
2053-2056 2053-2056
2101-2110 2101-2110.1
2119-2122 2119-2122
2155-2160 2155-2160
2169, 2170 2169, 2170
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
municode
Municipal Code Corporation • PO Box 2235 Tallahassee, FL 32316
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fax 850.575.8852 • www.municode.com
OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
Louis "Mike" Borno
Mayor
Maria D. Mark
Mayor Pro Tem
Mark Beckenbach
Carolyn R. Woods
Jonathan Daugherty
City Commissioners
Alan C. Jensen
City Attorney
James R. Hanson
City Manager
Donna L. Bartle
City Clerk
Supp. No. 39 iii
TABLE OF CONTENTS
Page
Officials of the City iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
Supplement History Table SH: 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 14.1
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
Supp. No. 39 ix
ATLANTIC BEACH CODE
Chapter Page
Div. 2. Police Department 162
Div. 3. Fire Department 163
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 172.4
Art. VI. Employee Benefits 172.6
Div. 1. Generally 172.6
Div. 2. Old -Age and Survivors Insurance 172.6
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
t^i t. H. Dogs and Ca,s 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 418.1
Art. IV. Plumbing Code 418.4
Art. V. Mechanical Code 418.6
Art. VI. Reserved 418.8
Art. VII. Numbering of Buildings 419
Art. VIII. Property Maintenance 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
Supp. No. 39 g
TABLE OF CONTENTS—Cont'd.
Chapter Page
8. Flood Hazard Areas 521
Art. I. Statutory Authorization, Findings of Fact, Pur-
pose and Objectives 521
Art. II. Administration 531
Art. III. Flood Hazard Reduction Standards 536
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 794.2
Art. III. Sexual Offenders and Sexual Predators 797
Art. IV. Convenience Business Security Act 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 952
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 1009
Art. IV. Nonconforming Signs and Waiver to Certain
Provisions 1011
Art. V. Sign Permits 1012
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
Supp. No. 39 xi
ATLANTIC BEACH CODE
Chapter Page
21. Traffic and Motor Vehicles 1221
Art. I. In General 1221
Art. II. Stopping, Standing and Parking 1222
Div. 1. Generally 1222
Div. 2. Enforcement 1226
Art. III. Wrecker Service 1228
Art. IV Motor Vehicle Title Loans 1230
22. Utilities 1275
Art. I. In General 1275
Art. II. Waterworks System 1277
Art. III. Wastewater System 1284.3
Div. 1. Generally 1284.3
Div. 2. Use of Public Sewers Required 1286
Div. 3. Private Wastewater Disposal 1286.2
Div. 4. Building Sewers and Connections 1288.1
Div. 5. Use of Public Sewers 1290
Div. 6. Powers and Authority of Inspectors 1294
Div. 7. Sewer User Rates and Charges 1295
Div. 8. Sewer System Extensions 1299
Art. IV. Stormwater Management 1301
Div. 1. Generally 1301
Div. 2. Rates and Charges 1305
23. Protection of Trees and Native Vegetation 1351
Art. I In General 1351
Art II. Language and Definitions 1352
Art. III. Tree and Vegetation Regulations 1360
Div. 1. In General 1360
Div. 2. Administration 1360
Div. 3. Permits 1362
Div. 4. General Provisions 1369
Div. 5. Areas of Special Concern 1377
Div. 6. Violations, Enforcement and Penalties 1377
24. Land Development Regulations 1403
Art. I. In General 1404
Art. II. Language and Definitions 1405
Art. III. Zoning Regulations 1427
Div. 1. In General 1427
Div. 2. Administration 1427
Div. 3. Application Procedures 1433
Div. 4. General Provisions and Exceptions 1447
Div. 5. Establishment of Districts 1455
Div. 6. Special Planned Area District (SPA) 1476
Div. 7. Supplementary Regulations 1480
Div. 8. Landscaping 1506
Div. 9. Florida -Friendly Landscaping and Land-
scape Irrigation 1513
Art. IV. Subdivision and Site Improvement Regulations 1514.3
Div. 1. Generally 1514.3
Supp. No. 39 xii
TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 2. Application Procedure 1516
Div. 3. Required Improvements 1520
Div. 4. Assurance for Completion and Maintenance
of Improvements 1522
Div. 5. Design and Construction Standards 1525
Art. V. Environmental and Natural Resource Regula-
tions 1532
Div. 1. Wellhead Protection 1532
Div. 2. Protection of Wetland, Marsh and Water-
way Resources 1536
Art. VI. Concurrency Management System 1540
Div. 1. Concurrency Management System 1540
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. 39 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 "00" 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 21, 22 14
iii 39 79 5, Add.
v, vi OC 91 38
vii, viii 1 103, 104 OC
ix, x 39 105, 106 OC
xi, xii 39 107, 108 13
xiii 39 155, 156 35
SH:1 39 157, 158 39
1, 2 19 159, 160 37
3, 4 34 160.1 37
5, 6 38 161, 162 32
6.1 38 163, 164 25
7, 8 14 165, 166 32
9, 10 14 167, 168 39
11, 12 38 169, 170 39
13, 14 38 171, 172 39
14.1 38 172.1, 172.2 39
15, 16 14 172.3, 172.4 39
17, 18 33 172.5, 172.6 39
18.1 33 173, 174 36
19, 20 14 175, 176 36
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ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
176.1 36 301, 302 35
177, 178 30 303, 304 35
178.1, 178.2 36 305, 306 35
179, 180 36 307, 308 35
181, 182 36 309, 310 35
183, 184 36 311, 312 35
185, 186 36 313 35
187, 188 36 353, 354 33
188.1, 188.2 30 355, 356 38
188.3, 188.4 30 357, 358 38
188.5, 188.6 32 359 38
188.7, 188.8 36 407, 408 35
188.9, 188.10 36 409, 410 38
188.10.1 36 410.1, 410.2 36
188.11, 188.12 34 411, 412 35
188.13, 188.14 34 413, 414 35
188.15, 188.16 34 415, 416 35
188.17, 188.18 34 416.1, 416.2 35
188.19, 188.20 34 417, 418 37
188.21, 188.22 34 418.1, 418.2 37
188.22.1, 188.22.2 34 418.3, 418.4 37
188.23, 188.24 30 418.5, 418.6 37
188.25, 188.26 30 418.7, 418.8 37
188.27, 188.28 34 419, 420 27
183.2✓ 133.30 �4 3 '
4L 1, 422 36
188.31 34 469, 470 35
189, 190 35 471, 472 35
191, 192 35 473, 474 35
193, 194 35 475, 476 35
195, 196 35 477, 478 35
197, 198 35 479, 480 35
199, 200 35 521, 522 39
201, 202 35 523, 524 39
203 35 525, 526 39
245, 246 30 527, 528 39
247, 248 35 529, 530 39
299, 300 39 531, 532 39
300.1 39 533, 534 39
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535, 536 39 1003, 1004 39
537, 538 39 1005, 1006 39
539, 540 39 1007, 1008 39
541, 542 39 1009, 1010 39
543, 544 39 1011, 1012 39
545 39 1013 39
577, 578 OC 1055, 1056 15
579, 580 OC 1057, 1058 15
581 OC 1059 15
631, 632 OC 1107, 1108 31
683, 684 24 1109, 1110 37
685 24 1111, 1112 31
735, 736 35 1113, 1114 39
737, 738 36 1115, 1116 39
787, 788 39 1117, 1118 39
789, 790 39 1119, 1120 39
791, 792 39 1121, 1122 39
793, 794 39 1123, 1124 39
794.1, 794.2 39 1125, 1126 39
795, 796 32 1127 39
797, 798 38 1157, 1158 33
799, 800 38 1159, 1160 33
839, 840 28 1161, 1162 33
841, 842 5 1163, 1164 37
843 5 1165, 1166 36
891, 892 31 1167, 1168 36
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951, 952 37 1177, 1178 36
952.1 37 1179, 1180 33
953, 954 34 1221, 1222 31
955, 956 34 1223, 1224 31
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997, 998 26 1227, 1228 31
999, 1000 26 1229, 1230 31
1001, 1002 28 1231 31
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ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1235, 1236 21 1373, 1374 37
1237, 1238 21 1375, 1376 37
1239, 1240 21 1377, 1378 37
1275, 1276 28 1379, 1380 37
1277, 1278 36 1381 37
1278.1 36 1403, 1404 38
1279, 1280 38 1405, 1406 37
1281, 1282 38 1407, 1408 37
1282.1, 1282.2 38 1409, 1410 37
1283, 1284 35 1411, 1412 37
1284.1, 1284.2 38 1413, 1414 37
1284.3, 1284.4 38 1415, 1416 37
1285, 1286 OC 1417, 1418 37
1286.1, 1286.2 23 1419, 1420 37
1287 23 1421, 1422 37
1288.1 16 1423, 1424 37
1289, 1290 OC 1425, 1426 37
1291, 1292 OC 1427, 1428 37
1293, 1294 OC 1429, 1430 37
1295, 1296 38 1431, 1432 37
1297, 1298 38 1433, 1434 37
1298.1, 1298.2 36 1435, 1436 37
1299, 1300 OC 1437, 1438 37
1301, 1302 11 1439, 1440 37
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11 1441, 1442 3
1305, 1306 11 1443, 1444 37
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1351, 1352 37 1446.1 38
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1355, 1356 37 1449, 1450 37
1357, 1358 37 1451, 1452 37
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1363, 1364 37 1457, 1458 37
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1371, 1372 37 1465, 1466 37
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CHECKLIST OF IJP -TO -DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1467, 1468 37 1531, 1532 37
1469, 1470 37 1533, 1534 37
1471, 1472 37 1535, 1536 37
1473, 1474 37 1537, 1538 37
1475, 1476 37 1539, 1540 37
1477, 1478 37 1541, 1542 37
1479, 1480 37 1543, 1544 37
1481, 1482 37 1983, 1984 OC
1483, 1484 37 1985 OC
1485, 1486 37 1987, 1988 OC
1487, 1488 38 1989, 1990 OC
1488.1, 1488.2 38 1991, 1992 2
1488.3, 1488.4 38 1993, 1994 6
1488.5, 1488.6 38 1995, 1996 13
1488.7 38 1997, 1998 18
1489, 1490 37 1999, 2000 24
1491, 1492 37 2001, 2002 30
1493, 1494 37 2003, 2004 37
1495, 1496 37 2005, 2006 37
1497, 1498 37 2007 39
1499, 1500 37 2043 OC
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1503, 1504 37 2055, 2056 39
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1517, 1518 37 2109, 2110 39
1519, 1520 37 2110.1 39
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Supp. No. 39
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately
determine what ordinances have been considered for codification in each
supplement. Ordinances that are of a general and permanent nature are
codified in the Code Book and are considered "Includes." Ordinances that are
not of a general and permanent nature are not codified in the Code Book and
are considered "Omits."
In addition, by adding to this table with each supplement, users of this Code
of Ordinances will be able to gain a more complete picture of the Code's
historical evolution.
Ord. Na.
Date
Adopted
Included/
Omitted
Supp. No.
95-10-100
5-10-10
Included
38
33-10-17
6-28-10
Included
38
80-10-79
8-23-10
Included
38
80-10-80
9-27-10
Included
38
90-10-213
10-25-10
Included
38
57-10-23
11- 8-10
Included
38
05-10-52
11-22-10
Included
38
05-10-53
11-22-10
Included
38
95-10-102
1-10-11
Included
38
65-11-37
3-28-11
Included
39
95-11-103
7-25-11
Included
39
95-11-104
9-26-11
Included
39
25-11-42
10-10-11
Included
39
60-11-16
10-10-11
Included
39
80-11-81
10-10-11
Included
39
5-12-54
1- 9-12
Included
39
5-12-55
1- 9-12
Included
39
60-12-17
1- 9-12
Included
39
Supp. No. 39 SH:1
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 6:30 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.
(Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83; Ord. No. 5-08-48, § 1, 2-25-08; Ord. No.
5-12-55, § 1, 1-9-12)
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
*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. 39 157
§ 2-19 ATLANTIC BEACH CODE
chamber and in case of disturbance or disorderly conduct therein, he may cause the
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 ot minutes ot 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. 39 158
ADMINISTRATION § 2-141
(b) However, any person who has served on a board or committee of the city for the
maximum number of terms allowed may not again be appointed to that same board or
committee until one (1) year has passed since the person was term -limited off the board or
committee.
(Ord. No. 5-06-46, § 1, 4-10-06)
Secs. 2-132-2-140. Reserved.
DIVISION 2. CODE ENFORCEMENT BOARD*
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall consist of seven
(7) board members and one (1) alternate member, who shall serve on the board in the absence
of board members, to be appointed by the mayor and approved by the city commission. All
board members and the alternate member of the board shall be residents of the city and shall
serve without compensation. Board members may serve a maximum of three (3) consecutive
terms. Service as an alternate member, however, shall not preclude service thereafter as a
board member for a maximum of three (3) consecutive terms.
(b) The membership of the code enforcement board shall, whenever possible, include
persons in the following fields:
(1) Architect;
(2) A businessperson;
(3) An engineer;
(4) A general contractor;
(5) A realtor;
(6) A subcontractor;
(7) A person with zoning and building experience.
(c) The initial appointments to the code enforcement board shall be as follows:
(1) Two (2) members shall be appointed for a term of one (1) year.
(2) Three (3) members shall be appointed for a term of two (2) years.
(3) Two (2) members shall be appointed for a term of three (3) years.
*Editor's note—Section 1 of Ord. No. 5-12-54, adopted Jan. 9, 2012, amended div. 2 in its
entirety, in effect repealing §§ 2-141-2-151 and enacting similar new provisions in lieu thereof
as §§ 2-141-2-151. Formerly, such provisions derived from Ord. No. 05-10-53, § 1, adopted
Nov. 22, 2010; Ord. No. 5-10-52, § 1, adopted Nov. 22, 2010; Ord. No. 5-05-44, § 1, adopted Sept.
26, 2005; Ord. No. 5-03-42, § 1, adopted July 14, 2003; Ord. No. 5-96-27, § 1, adopted March
25, 1996; Ord. No. 95-85-26, adopted Feb. 25, 1985; Ord. No. 95-81-22, § 1, adopted Feb. 9,
1981; and Ord. No. 95-80-21, § 2, adopted Dec. 8, 1980.
State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162.
Supp. No. 39 167
§ 2-141 ATLANTIC BEACH CODE
Thereafter, each term shall be for a period of three (3) years.
(d) Any member may be reappointed from term to term upon approval of the city
commission.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-142. Removal; filling vacancies.
Members of the code enforcement board may be removed from office by the city commission
for cause upon written charges and after public hearing. Any member who fails to attend two
(2) of three (3) successive meetings without cause and without prior approval of the chair shall
have his/her office declared vacant by the code enforcement board, and the city commission
shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and
approval of the city commission for the unexpired terms affected.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-143. Meetings; election of officers; quorum.
(a) At the first meeting of the code enforcement board, the members of the board shall elect
a chairman and a vice-chairman to preside in the absence of the chairman. The presence of
four (4) or more members shall constitute a quorum necessary to take action.
(b) Special meetings of the board may be convened by the chairman upon the giving of
notice thereof to each other member of the board. Unless waived by a majority of the board,
notice of a special meeting shall be given at least twenty-four (24) hours prior thereto.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-144. Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the code enforcement board, and all
hearings shall be open to the public. The city commission shall provide clerical and
administrative personnel as may be reasonably required by the board for the proper
performance of its duties.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-145. City attorney.
The city attorney shall either be counsel to the code enforcement board or shall represent
the city by presenting cases before the board; but in no case shall the city attorney serve in both
capacities. Each case before the board shall be presented by either the city attorney or by a
member of the administrative staff of the municipality.
(Ord. No. 5-12-54, § 1, 1-9-12)
Supp. No. 39 168
ADMINISTRATION § 2-147
Sec. 2-146. Jurisdiction.
(a) The code enforcement board shall have the jurisdiction and authority to hear and decide
alleged violations of the following:
(1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes.
(2) State of Florida Building Code, administration section of Chapter 553, [Florida
Statutes] as adopted by the State of Florida and by the city.
(3) International Property Maintenance Code as adopted by the city.
(4) All other local codes and ordinances as allowed by Chapter 162, Part 1., Florida
Statutes, Local Government Code Enforcement Boards, as it may be amended from
time to time.
(b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged
violation of any of the provisions of subsection (a) may be pursued by appropriate remedy in
court at the option of the administrative official whose responsibility it is to enforce that
respective code or ordinance.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-147. Procedure; enforcement and hearings.
(a) Enforcement procedures.
(1) For the purpose of this division, "code officer" means any authorized agent or employee
of the City of Atlantic Beach whose duty it is to insure compliance with the code and
ordinances of the city.
(2) It shall be the duty of the code officer to initiate enforcement proceedings of the various
codes and ordinances. No member of the board shall have the power to initiate such
enforcement proceedings.
(3) Except as provided in subsections (4) and (5) below, if a violation of the codes or
ordinances is found, the code inspector shall first notify the violator and give him/her
reasonable time to correct the violation. Should the violation continue beyond the time
specified for correction, the code officer shall notify the board and request a hearing.
The board or their clerical staff shall schedule a hearing and notice of such hearing
shall be provided to said violator pursuant to subsection (d) or this section. If the
violation is corrected and then recurs, or if the violation is not corrected by the time
specified for correction by the code officer, the case may be presented to the board even
if the violation has been corrected prior to the hearing, and the notice shall so state.
(4) If the code officer has reason to believe a violation or the condition causing a violation
presents a serious threat to the public health, safety, and welfare, or if the violation is
irreparable or irreversible in nature, the code officer shall make a reasonable effort to
notify the violator and may immediately notify the board and request a hearing.
(5) If a repeat violation is found, the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code
Supp. No. 39 169
§ 2-147 ATLANTIC BEACH CODE
inspector, upon notifying the violator of a repeat violation, shall notify the board and
request a hearing, the board, through their clerical staff, shall schedule a hearing and
shall provide notice pursuant to subsection (d) of this section. The case may be
presented to the board even if the repeat violation has been corrected prior to the
hearing, and the notice shall so state. "Repeat violation" means a violation of a
provision of a code or ordinance by a person who has been previously found through a
code enforcement board or any other quasi-judicial or judicial process, to have violated
or who has admitted violating the same provision with five (5) years prior to the
violation, notwithstanding the violations occur at different locations.
(6) If the owner of property to which is subject to an enforcement proceeding before the
board, or a court transfers ownership of such property between the time the initial
pleading was served and the time of the hearing, such owner shall:
a. Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
b. Deliver to the prospective transferee a copy of the pleadings, notice, and other
material relating to the code enforcement proceeding received by the transferor.
c. Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the
code enforcement proceedings.
d. File a notice with the code officer or clerical staff of the transfer of the property,
with the identity and address of the new owner and copies of the disclosures made
to the new owner, with five (5) days after the date of the transfer.
A failure to make the disclosures described in paragraph. a h. and c, before the
transfer creates a rebuttable presumption of fraud, if the property is transferred before
the hearing, the proceeding shall not be dismissed, but the new owner shall be
provided reasonable period of time to correct the violation before the hearing is held.
(b) Hearing process.
(1) Administrative support staff for the board shall establish annually a schedule of
periodic meetings. In addition, upon request of the code officer, or at such other times
as may be necessary, the chair of the board may call a hearing of the board.
(2) Upon scheduling of a hearing, the board shall cause notice therefore to be furnished to
the alleged violator by such methods as described in subsection (d) of this section. Said
notice of hearing shall contain the date, time and place of the hearing and shall include
the sworn statement of the code inspector setting for the nature of the violation and
reference to the appropriate code or ordinance.
(3) Assuming proper notice of the hearing has been provided to the alleged violator as
provided in subsection (2) above a hearing may proceed in the absence of the alleged
violator.
Supp. No. 39 170
ADMINISTRATION § 2-147
(4) At the hearing, the burden of proof shall be upon the city to show, by a preponderance
of evidence that a violation does exist.
(5) All testimony shall be under oath and shall be recorded; the board shall take testimony
from the city and alleged violator, and from such other witnesses as may be called by
the respective parties.
(6) Formal rules of evidence shall not apply, but fundamental due process shall be
observed and govern said proceedings.
(7) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other
evidence of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs shall be admissible, whether or not such evidence would be admissible
State of Florida Rules of Evidence.
(8) Any member of the board, or attorney appointed to serve as counsel to the board, may
inquire of any witness before the board. The alleged violator, or the violator's attorney
or representative, and the city shall be permitted to inquire of any witness before the
board and shall be permitted to present brief opening and closing statements.
(9) At the conclusion of the hearing, the board shall issue finding of fact, based on evidence
of record and conclusion of law, and shall issue an order affording the proper relief
consistent with powers granted by Chapter 162, Florida Statutes, the ordinance and
any other ordinance granting authority to the code enforcement board. In a board
hearing, the finding shall be by motion approved by a majority of those members
present and voting; except that at least four (4) members of the board must cast a vote
in order for the action to be official. The order may include a notice that it must be
complied with by a specified date and that a fine will be imposed should the compliance
not be achieved and, under the conditions specified in subsection 2-149(b) of this
division and any such costs incurred in the prosecuting this case may be included along
with the fine if the order is not complied with by said date. The order shall be reduced
to writing and mailed to the alleged violator with fifteen (15) working days after the
hearing. A certified copy of such order may be recorded in the public records of Duval
County and shall constitute notice to any subsequent purchasers, successors in
interest, or assigns if the violation concerns real property, and the findings therein
shall be binding upon the violator and, if the violation concerns real property, any
subsequent purchasers, successors in interest, or assigns. If an order is recorded in the
public records pursuant to this subsection and the order is complied with by the date
specified in the order, the board shall issue an order acknowledging compliance that
shall be recorded in the public records. A hearing is not required to issue such an order
showing compliance.
(10) The city shall present each case before the board. If the city prevails in prosecuting a
case before the board, it shall be entitled to recover all costs incurred in prosecuting the
case.
Supp. No. 39 171
§ 2-147 ATLANTIC BEACH CODE
(c) Rehearing.
(1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing of
the initial order of the board. Any such rehearing shall be filed within ten (10) days of
the execution of the order to be appealed. Consideration of a request for rehearing shall
be scheduled by the administrative staff for the next available hearing date by the
entity that issued the order. Notice of the hearing date shall be provided by the
administrative staff via first class mail to the entity that files the request for
rehearing.
(2) Any request for rehearing must be made in writing and be based on the following
grounds:
a. That there exists new and material evidence which, if introduced at the hearing,
would probably have changed the code enforcement board decision and could not
with reasonable diligence have been discovered before and produced at the
hearing; and
b. Given this evidence, the order issued is contrary to the law and evidence.
(3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall
it toll any fines mandated by the order in question, should the request for rehiring be
denied.
(4) If the request for rehearing is granted, the code enforcement board shall schedule the
case for consideration at a future hearing, to be heard de novo.
(d) Notice requirements.
(1) All notices required by this part shall be provided to the alleged violator by:
a. Certified mail, return receipt requested, provided if such notice is sent under this
paragraph to the owner of the property in question at the address listed in the tax
collector's office for tax notices, and at any other address provided to the city code
enforcement staff or administrative staff of the code enforcement board by such
owner and is returned as unclaimed or refused, notice may be provided by posting
as described in subparagraphs (d)(2)d. and e. and by first class mail directed to
the addresses furnished to the City of Atlantic Beach with a properly executed
proof of mailing or affidavit confirming the first class mailing;
b. Hand delivery by the sheriff or other law enforcement officer, code officer, or other
person designated by the City of Atlantic Beach.
c. Leaving at the violator's usual place of residence with any person residing therein
who is above fifteen (15) years of age and informing such person of the contents
of the notice; or
d. In the case of commercial premises, leaving the notice with the manager or other
person in charge.
Supp. No. 39 172
ADMINISTRATION § 2-148
(2) In addition to providing notice as set forth in section 2-147[(d)] of this division, at the
option of the board, notice may also be served by First -Class Mail and publication or
posting, as follows:
a. Such notice shall be published once during each week for four (4) consecutive
weeks (four (4) publications being sufficient) in a newspaper of general circula-
tion in Atlantic Beach. The newspaper shall meet such requirements as are
prescribed under Chapter 50, Florida Statutes, for legal and official advertise-
ments.
b. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051.
c. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051.
d. Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its
posting.
e. Notice by publication or posting may run concurrently with, or may follow, and
attempt or attempts to provide notice by hand delivery or by mail as required by
subsection (d) of this section.
f. Evidence that an attempt has been made to hand deliver or mail notice as
provided in subsection (d)(1) of this section, together with proof of publication or
posting as provided in subsection (d)(2) of this section, shall be sufficient to show
that the notice requirements of this division, shall be sufficient to show that the
notice requirements of this division have been met, without regard to whether of
not the alleged violator actually received such notice.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-148. Powers.
The board shall have the power to:
(1) Adopt rules for the conduct of their hearings.
(2) Subpoena alleged violators and witnesses to their hearings.
(3) Subpoena records, surveys, plats and other documentary evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of law, commanding whatever steps are
necessary to bring a violation into compliance.
(6) Establish and levy fines pursuant to subsection 2-149(b).
(Ord. No. 5-12-54, § 1, 1-9-12)
Supp. No. 39 172.1
§ 2449 ATLANTIC BEACH CODE
Sec. 2-149. Administrative fines; cost of repairs; contestes; liens; money judgments.
(a) The board, upon notification by the code officer that an order of the board has not been
complied with by the set time or, upon finding that a repeat violation has been committed, may
order the violator to pay a fine in an amount specified in the section for each day the violation
continues past the date set by the board for compliance or, in the case of a repeat violation, for
each day the repeat violation continues, beginning with the date the violation is a violation
described in subsection 2-147(b)(9) of this division, the board shall notify the city commission,
which may authorize the making of all reasonable repairs which are required to bring the
violations into compliance and charge the violator with the reasonable cost of the repairs along
with the fine imposed pursuant to the section. Making such repairs does not create a
continuing obligation on the part of the city to make further repairs to maintain the property
and does not create any liability against the city for any damages to the property if such
repairs were completed in good faith. If a finding of a violation or a repeat violation has been
made as provided in this section, a hearing shall not be necessary for the issuance of the order
imposing the fine. A fine imposed pursuant to the section shall not exceed five hundred dollars
($500.00) per day for a first violation and shall not exceed two hundred fifty dollars ($250.00)
per day for a repeat violation, and, in addition, may include all costs incurred in the enforcing
this ordained and all costs of repairs pursuant to this section. If after due notice and hearing,
the board finds a violation to be irreparable or irreversible in nature, it may order the violation
[violator] to pay a fine not to exceed five thousand dollars ($5,000.00) per violation.
(b) In determining the amount of the fine, if any, the board shall consider the following
factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; anti
(3) Any previous violations committed by the violator.
(c) The board may reduce a fine imposed pursuant to this section at any time.
(d) Notice of finding by the code officer of noncompliance with the prior order of the board
shall be mailed to the violator. The violator may contest in writing the findings of the code
officer. Such contest must be postmarked within ten (10) days of the postmark date on the
noncompliance notice and mailed to the administrative staff as designated by the board. Upon
receipt of a contest letter, the administrative support staff for the board shall provide notice to
the violator of the contest hearing date and time. If the violator, after filing the written contest,
fails to attend the next noticed meeting, the violator's contest shall be considered withdrawn
by the board. Any review of a contest heard under this section shall be constrained to whether
the code officers finding of noncompliance are supported by the evidence presented that the
violation as the date of the inspection remained uncured. At the hearing, the burden of proof
shall be upon the violator to show, by a preponderance of the evidence that a violation did not
exist at the time of the inspection. Upon hearing from the violator or his attorney and the
administrative staff, the board shall either dismiss the case or uphold the finding of the code
officer.
Supp. No. 39 172.2
ADMINISTRATION § 2-151
(e) Following the failure of the violator to file a contest within the time permitted under the
above section, or the upholding of the finding of the code officer by the board, a certified copy
of an order imposing a fine, or a fine plus repair costs may be recorded in the public records of
Duval County, Florida, and thereafter, shall constitute a lien against the land on which the
violation exists and upon any other real or personal property owned by the violator. Upon
petition to the circuit court, such order shall be enforceable the same manner as a court
judgment by the sheriffs of this state, including execution and levy against the personal
property of the violator, but, such order shall not be deemed otherwise to a court judgment
except for the enforcement purposes.
(f) A fine imposed pursuant to this part shall continue to accrue until the violator comes
into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to
this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section
runs in favor of the City of Atlantic Beach and the board may execute a satisfaction or release
of lien entered pursuant to this section. After three (3) months for the filing of any such liens
with remains unpaid, the board may authorize the local governing body attorney to foreclose
on the lien or to sue to recover a money judgment for the amount of the lien plus accrued
interest. No lien created pursuant to the provision of this section may be foreclosed on real
property which is a homestead under Section 4, Article X of the Florida State Constitution. The
money judgment provision of this section shall not apply to real property or personal property
which is covered under Section 4(a), Article X of the Florida Constitution.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-150. Duration of lien.
(a) No lien provided by this division shall continue for a period longer than twenty (20)
years after the certified copy of an order imposing the fine has been recorded, unless with that
time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an
action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a
reasonable attorney's fees that it incurs in the foreclosure. The city shall be entitled to collect
all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected
by the commencement of the action to foreclose shall not be good against the creditors or
subsequent purchasers for valuable consideration with notice, unless a notice of lis pendens is
recorded.
(b) In circumstances where the City of Atlantic Beach's interest in a property has been
foreclosed and the property has been sold at a foreclosure sale, the city's lien is not satisfied,
but removed from the subject property by a final judgment issued by the court. Upon request,
the city will prepare and record a partial release of lien to release the subject property from the
code enforcement lien upon payment of fees for costs and services charged to the requesting
party.
(Ord. No. 5-12-54, § 1, 1-9-12)
Sec. 2-151. Appeal.
(a) An aggrieved party, including the city commission, may appeal a final administrative
order of the board to the circuit court. Any such appeal shall be filed with thirty (30) days of
the execution of the order to be appealed.
Supp. No. 39 172.3
§ 2-151 ATLANTIC BEACH CODE
(b) Such an appeal shall not be a hearing de novo, but shall be limited to appellate review
of the record created before the board.
(c) The board shall, by rule, establish reasonable charges for the preparation of the record
to be paid by the appealing party.
(Ord. No. 5-12-54, § 1, 1-9-12)
Secs. 2-152-2-160. Reserved.
DIVISION 3. NUISANCE CONTROL BOARD*
Sec. 2-161. Created.
Pursuant to F.S. § 893.138, an administrative board to be known as the "public nuisance
control board" is hereby created. The word "board" when used in this division shall be
construed to mean the said "public nuisance control board."
(Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-162. Membership.
The members of the code enforcement board shall constitute the members of the public
nuisance control board.
(Ord. No. 95-89-40, § 2, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-163-2-166. Reserved.
Editor's note—Section 1 of Ord. No. 95-09-99, adopted May 26, 2009, repealed §§ 2-163-
2-166, which pertained to designation of chairman and vice chairman; and certificate of
appointment or reappointment, and derived from Ord. No. 95-89-40, adopted June 12, 1989.
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints regarding certain nuisances as described herein. Any
place or premises that has been used: On more than two (2) occasions within a six-month
period, as the site of a violation of F.S. § 796.07 prostitution; on more than two (2) occasions
within a six-month period, as the site of the unlawful sale, delivery, manufacture, or
cultivation of any controlled substance; on more than one (1) occasion as the site of the
unlawful possession of a controlled substance, where such possession constitutes a felony and
that has been previously used on more than one (1) occasion as the site of the unlawful sale,
delivery, manufacture, or cultivation of any controlled substance under F.S. § 893; by a
criminal gang for the purpose of conducting criminal gang activity as defined by F.S. § 874.03;
*Editor's note—Ord. No. 95-89-40, §§ 1-9, adopted June 12, 1989, did not specifically
amend the Code; therefore, inclusion as §§ 2-161-2-169 was at the discretion of the editor.
Cross reference—Nuisances, Ch. 12.
Supp. No. 39 172.4
ADMINISTRATION § 2-225
on more than two (2) occasions within a six-month period, as the site of a violation of F.S.
§ 812.019 relating to dealing in stolen property; may be declared to be a public nuisance, and
such nuisance may be abated pursuant to the procedures provided in this section.
(b) Any employee, officer or resident of the city may bring a complaint before the board after
giving not less than three (3) days' written notice of such complaint to the owner of the place
or premises at his last known address. Any such complaint shall be filed with the code
enforcement officer.
(c) The board shall conduct a hearing during which the owner of the premises shall have an
opportunity to present evidence in his defense. Such evidence shall include any action taken
by the owner to abate the nuisance and the time frame, after notice to him, within which such
action was taken. After considering all evidence, including evidence of the general reputation
of the place or premises, the board may declare the place or premises to be a public nuisance
as described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter an order
immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
(3) The conduct, operation or maintenance of any business or activity on the premises
which is conducive to such nuisance. Any such order entered shall expire after one (1)
year or at such earlier time as stated in the order.
(Ord. No. 95-89-40, § 7, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-168. Permanent injunctions.
The city may bring a complaint under F.S. § 60.05 seeking a permanent injunction against
any nuisance described herein.
(Ord. No. 95-89-40, § 8, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Sec. 2-169. Restrictions.
This division does not restrict the right of any person to proceed under F.S. § 60.05 against
any public nuisance.
(Ord. No. 95-89-40, § 9, 6-12-89; Ord. No. 95-09-99, § 1, 5-26-09)
Secs. 2-170-2-225. Reserved.
Supp. No. 39 172.5
§ 2-226 ATLANTIC BEACH CODE
ARTICLE VI. EMPLOYEE BENEFITS*
DIVISION 1. GENERALLY
Sec. 2-226. Reserved.
Editor's note—Ord. No. 5-04-43, adopted Feb. 23, 2004, deleted § 2-226, which pertained
to holiday schedule and derived from Ord. No. 5-86-17, § 1, 10-27-86; Ord. No. 5-94-25, § 1,
1-24-94; and Ord. No. 5-02-40, 12-9-02.
Secs. 2-227-2-240. Reserved.
DIVISION 2. OLD -AGE AND SURVIVORS INSURANCEt
Sec. 2-241. Statement of policy.
It is hereby declared to be the policy and purpose of the city to extend, effective as of January
1, 1951, to the employees and officials of the city not excluded by law, and whether employed
in connection with a governmental or proprietary function, the benefits of the system of old -age
and survivors insurance, as authorized by the Federal Social Security Act and amendments
thereto, including Public Law 734 of the 81st Congress, and by F.S. Ch. 650; and to cover by
such plan all services which constitute employment as defined in F.S. § 650.02, performed in
the employ of the city by employees thereof. In pursuance of such policy, and for that purpose,
the city shall take such action as may be required by applicable state or federal laws or
regulations.
(Code 1970, § 16-4)
*Cross reference—Any ordinance relating to the salaries of the city officers or employees
saved from repeal, § 1-5(6).
tState law references—Social security for public employees, F.S. Ch. 650; authority of
political subdivisions of state to submit plans for inclusion under the social security act, F.S.
§ 650.05.
Supp. No. 39 172.6
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 performance 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, trapping, hunting, molesting, etc., of birds
prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird sanctuary.
(b) It shall be unlawful to trap, hunt, 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, bird club,
*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. 39 299
§ 4-4 ATLANTIC BEACH CODE
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; Ord. No. 95-11-104, § 1, 9-26-11)
Editor's note—Section 1 of Ord. No. 95-11-104, adopted Sept. 26, 2011, changed the title
of § 4-4 from "City designated bird sanctuary; shooting, molesting, etc., of birds prohibited;
exceptions" to "City designated bird sanctuary, trapping, hunting, molesting, etc., of birds
prohibited; exception."
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.
Supp. No. 39 300
ANIMALS § 4-6
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. 39 300.1
Art. I.
Art. II.
Art. III.
Chapter 8
FLOOD HAZARD AREAS*
Statutory Authorization, Findings of Fact, Purpose and Objectives,
§§ 8-1-8-20
Administration, §§ 8-21-8-30
Flood Hazard Reduction Standards, §§ 8-31-8-35
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES
Sec. 8-1. Statutory authorization.
The Legislature of the State of Florida has delegated in Chapter 166, Florida Statutes, the
responsibility of local governmental units to adopt regulations, designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the City Commission of Atlantic
Beach, Florida, does ordain as follows in this chapter.
(Ord. No. 25-11-42, § 1, 10-10-11)
Sec. 8-2. Findings of fact.
(a) The flood hazard areas of the City of Atlantic Beach are subject to periodic inundation
which results in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard areas
by uses vulnerable to floods or hazardous to other lands which are inadequately elevated,
floodproofed, or otherwise unprotected from flood damages.
(Ord. No. 25-11-42, § 1, 10-10-11)
*Editor's note—Section 1 of Ord. No. 25-11-42, adopted Oct. 10, 2011, amended div. 2 in its
entirety, in effect repealing §§ 8-1-8-12, 8-21-8-25, 8-31-8-35 and enacting similar new
provisions in lieu thereof as §§ 8-1-8-12, 8-21-8-25, 8-31-8-35. Formerly, such provisions
derived from Ord. No. 25-08-38, § 3, adopted Feb. 25, 2008; Ord. No. 25-04-36, § 1, adopted
June 14, 2004; Ord. No. 25-03-34, §§ 1, 2, adopted Sept. 22, 2003; and Ord. No. 25-87-20,
§ 1(Arts. 1-5), adopted March 23, 1987.
Cross references—Buildings and building regulations, Ch. 6; mobile homes, Ch. 10;
planning/zoning/appeals, Ch. 14; zoning and subdivision regulations, Ch. 24.
State law reference—Water resources, F.S. Ch. 373.
Supp. No. 39 521
§ 8-3 ATLANTIC BEACH CODE
Sec. 8-3. Purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare and
to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging and other development which may increase erosion
or flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(Ord. No. 25-11-42, § 1, 10-10-11)
Sec. 8-4. Objectives.
The objectives of this chapter are to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts aasowiated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of
floodprone areas in such a manner as to minimize flood blight areas; and
(7) Ensure that potential home buyers are notified that property is in a flood hazard area.
(Ord. No. 25-11-42, § 1, 10-10-11)
Sec. 8-5. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted
so as to give them the meaning they have in common usage and to give this chapter its most
reasonable application:
Accessory structure (appurtenant structure) means a structure that is located on the same
parcel of property as the principal structure and the use of which is incidental to the use of the
Supp. No. 39 522
FLOOD HAZARD AREAS § 8-5
principal structure. Accessory structures should constitute a minimal investment, may not be
used for human habitation, and be designed to have minimal flood damage potential.
Examples of accessory structures are detached garages, carports, storage sheds, pole barns,
and hay sheds.
Addition (to an existing building) means any walled and roofed expansion to the perimeter
of a building in which the addition is connected by a common load-bearing wall other than a
fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by
independent perimeter load-bearing walls is new construction.
Appeal means a request for a review of the floodplain administrator's interpretation of any
provision of this chapter or a request for a variance.
Area of shallow flooding means a designated AO or AH zone on a community's flood
insurance rate map (FIRM) with base flood depths from one (1) 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. Such flooding is characterized by ponding or sheet
flow.
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. The term is synonymous with
"special flood hazard area".
Base flood means the flood having a one -percent chance of being equaled or exceeded in any
given year.
Base flood elevation means the water -surface elevation associated with the base flood.
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. See "Structure."
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.
Supp. No. 39 523
§ 8-5 ATLANTIC BEACH CODE
Encroachment means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or alter
the flow capacity of a floodplain.
Existing construction means, for the purpose of floodplain management, structures for
which the "start of construction" commenced before March 23, 1987.
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before March 23, 1987.
Expansion to an existing manufactured horn park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufac-
tured homes are to be affixed (including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
Flood or flooding means:
(a) 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.
(b) The collapse or subsidence of land along a shore of a lake or other body of water as the
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water Isvol of in a
natural body of water, accompanied by a severe storm or by an unanticipated force of
nature, such as flash flood or an abnormal tidal surge or by some similarly unusual
and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this
definition.
Flood boundary and floodway map (FBFM) means the official map of the community on
which the Federal Emergency Management Agency (FEMA) has delineated the areas of
special flood hazard and regulatory floodways.
Flood hazard boundary map (FHBM) means an official map of a community, issued by
FEMA 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 FEMA
has delineated both the areas of special flood hazard and the risk premium zones applicable to
the community.
Flood insurance study means the official hydrology and hydraulics report provided by
FEMA. This report contains an examination, evaluation, and determination of flood hazards,
and if appropriate, corresponding water surface elevations, or an examination, evaluation, and
Supp. No. 39 524
FLOOD HAZARD AREAS § 8-5
determination of mudslide as well as other flood -related erosion hazards. The study may also
contain flood profiles, as well as the flood insurance rate map, the flood boundary-floodway
map (where applicable) and other related data and information.
Floodplain means any land area susceptible to being inundated by water from any source
(see definition of "flooding".
Floodplain administrator is the individual appointed to administer and enforce the
floodplain regulations of the City of Atlantic Beach.
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness
plans, flood control works, floodplain management regulations, and open space plans.
Floodplain management regulations means this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such
as floodplain ordinance, grading ordinance, and erosion control ordinance, and other applica-
tions of police power which control development in flood -prone areas. This term describes
federal, State of Florida, or local regulations in any combination thereof, which provide
standards for preventing and reduction flood loss and damage.
Floodproofing means any combination of structural and non-structural additions, changes,
or adjustments to structures, which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
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 (1) foot.
Floodway fringe means that area of the one -percent (base or 100 -year) floodplain on either
side of the regulatory floodway.
Free of obstruction means any type of lower area enclosure or other construction element
will not obstruct the flow of velocity water and wave action beneath the lowest horizontal
structural member of the lowest floor of an elevated building during a base flood event. This
requirement applies to the structures in velocity zones (V -zones).
Freeboard means the additional height, usually expressed as a factor of safety in feet, above
a flood level for purposes of floodplain management. Freeboard tends to compensate for many
unknown factors, such as wave action, blockage of bridge or culvert openings, and hydrological
effect of urbanization of the watershed, which could contribute to flood heights greater than
the heights calculation for a selected frequency flood a [and] floodway conditions. Freeboard for
the City of Atlantic Beach is two and one-half (2.5) feet above the 100 -year base flood elevation.
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
Supp. No. 39 525
§ 8-5 ATLANTIC BEACH CODE
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.
Hardship as related to variances for this chapter means the exceptional difficulty associated
with the land that would result for a failure to grant the requested variance. The community
requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic consider-
ations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise
cannot, as a rule, qualify as an exceptional hardship; all of these problems can be resolved
through other means without granting a variance, even if the alternative is more expensive,
or requires the property owner to building elsewhere or put the parcel to a different use than
originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a register district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) Individually listed on the Florida Inventory of Historic Places, which has been
approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By the Florida program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of Interior.
Lowest adjacent grade means the lowest elevation, after completion of construction, of the
ground, sidewalk, patio, deck support, or basement entryway immediately next to the
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.
Supp. No. 39 526
FLOOD HAZARD AREAS § 8-5
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 (1) or more of the following species: Black mangrove (Avicennia nitida); red mangrove
(Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus
erecta).
Manufactured home means a structure, transportable in one (1) 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.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two (2) or more manufactured home lots for rent or sale.
Market value means the building value, which is the property value excluding the land
value and that of the detached accessory structure and other improvements on site (as agreed
to be between a willing buyer and seller) as established by what the local real estate market
will bear. Market value can be established by an independent certified appraisal (other than
a limited or curbside appraisal, or one based on income approach), actual cash value
(replacement cost depreciated for age and quality of construction of building), or adjusted
tax -assessed values.
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) of 1929, or
North American Vertical Datum (NAVD) of 1988.
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 March 23, 1987. The term also includes any subsequent improvements to such
structures.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured home are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final side grading or the pouring of concrete pads) is
completed on or after March 23, 1987.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference
for establishing varying elevations within the floodplain.
Primary frontal dune means a continuous of nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the
Supp. No. 39 527
§ 8-5 ATLANTIC BEACH CODE
beach and subject to erosion and overtopping from high tides and waves during major coastal
storms. The inland limit of the primary frontal dune occurs at the point where there is a
distinct change from a relatively steep slope to a relatively mild slope.
Principally above ground means that at least fifty-one (51) percent of the actual cash value
of the structure is above ground.
Program deficiency means a defect in the community's floodplain management regulations
or administrative procedures that impairs effective implementation of those floodplain
management regulations or of the standards required by the National Flood Insurance
Program.
Public safety and nuisance means anything which is injurious to safety or health of the
entire community or a neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay,
stream, canal, or basin.
Reasonably safe from flooding means base floodwaters will not inundate the land or damage
structures to be removed from the SFHA and that any subsurface waters related to the base
flood will not damage existing or proposed building.
Recreational vehicle means a vehicle that is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Regulatory 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 a designated height.
Remedy a deficiency or violation means to bring the regulation, procedure, structure or
other development into compliance with State of Florida, federal, or local floodplain manage-
ment regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways
the impacts may be reduced include protecting the structure or other affected development
from flood damages, implementing the enforcement provisions of this chapter or otherwise
deterring future similar violations, or reducing federal financial exposure with regard to the
structure or other development.
Repetitive loss means flood related damage sustained by a structure on two (2) separate
occasions during a ten-year period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds twenty-five (25) percent of the market value of the
structure before the damage occurred.
Supp. No. 39 528
FLOOD HAZARD AREAS § 8-5
Riverine means relating to, formed by, or resembling a river (including tributaries) stream,
brook, etc.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
Shallow flooding. See "Area of shallow flooding."
Special flood hazard area. See "Area of special flood hazard."
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 for floodplain management purposes, a walled and roofed building that is
principally above ground, a manufactured home, or a gas or liquid storage tank.
Substantial damage means damage of any origin sustained by a structure whereby the cost
of restoring the structure to it's before damage condition would equal or exceed fifty (50)
percent of the market value of the structure before the damage occurred. This term also
includes "repetitive loss" structure as defined herein.
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. This term does not
include any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
Substantial improved existing manufactured home parks or subdivision is where the repair,
reconstruction, rehabilitation, or improvement of the streets, utilities and pads equals or
exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
Supp. No. 39 529
§ 8-5 ATLANTIC BEACH CODE
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.
Violation means the failure of a structure or other development to be fully compliant with
the requirements of this chapter. A structure of other development without the elevation
certificate, other certifications, or other evidence of compliance required in this chapter is
presumed to be in violation until such time so as that documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other topographical
feature on or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
Water surface elevation means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. No. 25-11-42, § 1, 10-10-11)
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. 25-11-42, § 1, 10-10-11)
Sec. 8-7. Basis for establishing the areas of special flood hazard.
The areas of special hood hazard identified by the Federal Emergency Management Agency
in its most recently published flood insurance study/flood insurance rate map, 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. 25-11-42, § 1, 10-10-11)
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. 25-11-42, § 1, 10-10-11)
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. 25-11-42, § 1, 10-10-11)
Supp. No. 39 530
FLOOD HAZARD AREAS § 8-21
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. 25-11-42, § 1, 10-10-11)
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. 25-11-42, § 1, 10-10-11)
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), 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. 25-11-42, § 1, 10-10-11)
Secs. 8-13-8-20. Reserved.
ARTICLE II. ADMINISTRATION
Sec. 8-21. Local floodplain administrator.
The City of Atlantic Beach hereby appoints the building official, unless otherwise desig-
nated by the city manager, to administer and implement the provisions of this chapter, and is
herein referred to as the floodplain administrator.
(Ord. No. 25-11-42, § 1, 10-10-11)
Supp. No. 39 531
§ 8-22 ATLANTIC BEACH CODE
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 and those sites are reasonably safe from flooding.
(2) Require copies of additional federal, State of Florida, or local permits, especially as
they relate to Chapters 161.052; 320.8249; 320; 320.8359; 373.036; 380.05; 381.0065;
and 553, Part IV, Florida Statutes, be submitted along with the development permit
application and maintain such permits on file with the development permit.
(3) Notify adjacent communities and the Florida Department of Community Affairs—
Division of Emergency Management—State Floodplain Management Office, St. Johns
River Water Management District, prior to any alteration or relocation of a water-
course, and submit evidence of such notification to the Federal Emergency Manage-
ment Agency.
(4) Notify FEMA within six (6) months when new technical or scientific data becomes
available to the community concerning physical changes affecting flooding conditions
so that risk premium rates and floodplain management requirements will be based on
current data.
(5) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
(6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor
(A -zones) or bottom of the lowest horizontal structure member of the lowest floor
(V -zones) of all new and substantially improved buildings, in accordance with section
8-:i2;
(7) Verify and record the actual elevation (in relation to mean sea level) to which the new
and substantially improved buildings have been floodproofed, in accordance with
section 8-32.
(8) Review certified plans and specifications for compliance. When floodproofing is utilized
for a particular building, certification shall be obtained from a registered engineer or
architect certifying that all areas of the building, together with attendant utilities and
sanitary facilities, below the required elevation are watertight with walls substantially
impermeable to the passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy
in compliance with this chapter. In coastal high hazard areas, certification shall be
obtained from a registered professional engineer or architect that the building is
designed and securely anchored to pilings or columns in order to withstand velocity
waters and hurricane wave wash. Additionally in coastal high hazard areas, if the area
below the lowest horizontal structural member of the lowest floor is enclosed, it may be
done so with open wood lattice and insect screening or with non -supporting breakaway
walls that meet the standards of subsection 8-32(b) of this article;
Supp. No. 39 532
FLOOD HAZARD AREAS § 8-24
(9) Where base flood data is utilized, obtain and maintain records of the lowest floor and
floodproofing elevations for new construction and substantial improvement in accor-
dance with subsections 8-32(a) and (b) respectively.
(10) Interpret 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, and
(13) Coordinate all change requests to the FIS, FIRM and FBFM with the requester, State
of Florida and FEMA.
(Ord. No. 25-11-42, § 1, 10-10-11)
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. 25-11-42, § 1, 10-10-11)
Sec. 8-24. Same—Application procedure.
Application for a development permit shall be made to the floodplain administrator 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 buildings;
(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 nonres-
idential floodproofed structure will meet the floodproofing criteria in subsection
8-32(b);
Supp. No. 39 533
§ 8-24 ATLANTIC BEACH CODE
(4) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development; and
(5) Elevation in relation to mean sea level of the bottom of the lowest horizontal
structural member of the lowest floor and provide a certification from a registered
engineer or architect indicating that they have developed and/or reviewed the
structural designs, specifications and plans of the construction and certified they
are in accordance with accepted standards of practice in coastal high hazard
areas.
(b) Construction stage. 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 floodplain administrator a certification of the NGVD or NAVD 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 floodplain administrator 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. No95-11.42, § 1, 10 10 11)
Sec. 8-25. Variance procedures.
(a) The city commission shall hear and decide appeals and requests for variances from the
requirements of this chapter.
(b) The city commission shall hear and decide appeals when it is alleged there is an error
in any requirement, decision, or determination made by the floodplain administrator in the
enforcement or administration of this chapter.
(c) Any person aggrieved by the decision of the city commission or any taxpayer may appeal
such decision to the Circuit Court of the State of Florida.
(d) Variances may be issued for the reconstruction, rehabilitation or restoration of struc-
tures listed on the National Register of Historic Places or the State Inventory of Historic Places
without regard to the procedures set forth in the remainder of this section, except for
subsection 8-25(h)(1) and (4), and provided the proposed reconstruction, rehabilitation, or
restoration will not result in the structure losing its historical designation.
Supp. No. 39 534
FLOOD HAZARD AREAS § 8-25
(e) In passing upon such applications, the board of appeals shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity of the facility to a waterfront location, in the case of a functionally
dependent facility;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(f) Upon consideration of the factors listed above, and the purposes of this chapter, the city
commission may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
(g) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(h) Conditions for variances:
(1) Variances shall only by issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief; and in the instance of a
historical building, a determination that the variance is the minimum necessary so as
not to destroy the historic character and design of the building.
(2) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship;
and (iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
Supp. No. 39 535
§ 8-25 ATLANTIC BEACH CODE
(3) Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the base flood elevation and the elevation to which the
structure is to be built and stating that the cost of flood insurance will be commensu-
rate with the increased risk resulting from the reduced lowest floor elevation.
(4) The floodplain administrator shall maintain the records of all appeal actions and
report any variances to the Federal Emergency Management Agency upon request.
(i) Variance notification. Any applicant to whom a variance is granted shall be given written
notice over the signature of the mayor that:
(1) The issuance of a variance to construct a structure below the base flood elevation will
result in increased premium rates for flood insurance up to amounts as high as
twenty-five dollars ($25.00) for one hundred dollars ($1.00.00) of insurance coverage;
and
(2) Such construction below the base flood level increases the risks to life and property.
A copy of the notice shall be recorded by the city clerk in the Duval County Public Records
so that it appears in the chain of title of the affected parcel of land.
(Ord. No. 25-11-42, § 1, 10-10-11)
Secs. 8-26-8-30. Reserved.
ARTICLE III. FLOOD HAZARD REDUCTION STANDARDS
Sec. 8-31. General standards.
In all areas of special flood hazard, all development sites including new construction and
substantial improvements shall be reasonably safe from flooding and meet the following
provisions:
(a) New construction and substantial improvements shall be designed or modified and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effect of buoyancy;
(b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over -the -
top or frame ties to ground anchors. This standard shall be in addition to and
consistent with applicable State of Florida requirements for resisting wind forces.
(c) New construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(d) New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
Supp. No. 39 536
FLOOD HAZARD AREAS § 8-31
(e) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other
service facilities, including duct work, shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
(f) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
(g) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters.
(h) On-site waste disposal systems shall be located and constructed to avoid impairment
to them or contamination from them during flooding.
(i) Any alteration, repair reconstruction or improvements to a structure which is in
compliance with the provisions of this chapter shall meet the requirements of "new
construction" as contained in this chapter.
(j) Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of the ordinance, shall be undertaken only if said
nonconformity is not furthered, extended, or replaced;
(k) All applicable additional federal, State of Florida, and local permits shall be obtained
and submitted to the floodplain administrator along with the application for develop-
ment permit. Copies of such shall be maintained on file with the development permit.
State of Florida permits may include, but not be limited to, the following:
(1) St. Johns River Water Management District. In accordance with F.S. § 373.036(2)(a)—
Flood Protection and Floodplain Management;
(2) Department of Community Affairs. In accordance with F.S. § 380.05, Areas of
Critical State Concern, and Chapter 553, Part IV, Florida Statutes, Florida
Building Code;
(3) Department of Health. In accordance with F.S. § 381.0065, Onsite Site Sewage
Treatment and Disposal Systems; and
(4) Department of Environmental Protection, Coastal Construction Control Line. In
accordance with F.S. § 161.053, Coastal Construction and Excavation;
(1) Standards for subdivision proposals and other new proposed development (including
manufactured homes):
(1) Such proposals shall be consistent with the need to minimize flood damage;
(2) Such shall have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize or eliminate flood damage;
and
(3) Such proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
Supp. No. 39 537
§ 8-31 ATLANTIC BEACH CODE
(m) When proposed new construction and substantial improvements are partially located
in an area of special flood hazard, the entire structure shall meet the standards for new
construction.
(n) When proposed new construction and substantial improvements are located in
multiple flood hazard risk zones or in a flood hazard risk zone with multiple base flood
elevation, the entire structure shall meet the standards for the most hazardous flood
hazard risk zone and the highest base flood elevation.
(Ord. No. 25-11-42, § 1, 10-10-11)
Sec. 8-32. Specific standards.
In all A -zone areas of special flood hazard where base flood elevation data have been
provided (zones AE, AI 30, A (with base flood elevations) and AH), as set forth in section 8-7
the following provisions are required in addition to those set forth in section 8-31:
(a) Residential construction. New construction or substantial improvement of any resi-
dential structure (including manufactured home) shall have the lowest floor, including
basement, elevated no lower than two and one-half (2.5) feet above base flood
elevation. Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate the unimpeded movements of floodwaters shall be
provided in accordance with standards of subsection 8-32(c).
(b) Nonresidential construction. New construction or substantial improvement of any
commercial, industrial, or nonresidential structure shall have the lowest floor, includ-
ing basement, elevated no lower than the level of the base flood elevation. Structures
located in all A zones may be floodproofed in lieu of being elevated provided that all
ave s of the structure below I.1�
the with ���,. required vivv a�ivll are VV �i.LCl �i�l'l i� walls
substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certification along with the correspond-
ing engineering data, and the operational and maintenance plans shall be provided to
the floodplain administrator.
(c) Enclosures below the lowest floor new construction or substantial improvements that
include fully enclosed areas formed by foundation and other exterior walls below the
lowest floor shall be designed to preclude finished living space and designed to allow
for entry and exit of floodwaters to automatically equalize hydrostatic flood forces on
exterior walls.
(1) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
(2) Provide a minimum of two (2) openings on different sides of each enclosed area
having a total net area of not less than one (1) square inch for every square foot
of enclosed area subject to flooding;
Supp. No. 39 538
FLOOD HAZARD AREAS § 8-32
(3) The bottom of all openings shall be no higher than one (1) foot above adjacent
interior grade (which must be equal to or higher in elevation than the adjacent
exterior grade); and
(4) Openings may be equipped with screens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodwaters in both directions;
(5) Electrical, plumbing, and other utility connections are prohibited below the base
flood elevation;
(6) Access to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door) or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or entry to the living area
(stairway or elevator);
(7) The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(d) Standards for manufactured homes and recreational vehicles.
(1) All manufactured homes that are placed, or substantially improved within zones
A1-30, AH, and AE, on sites outside of an existing manufactured home park or
subdivision, in a new manufactured home park or subdivision, in an expansion to
an existing manufactured home park or subdivision, or in an existing manufac-
tured home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood, the lowest floor be elevated on a
permanent foundation to no lower than two and one-half (2.5) feet above the base
flood elevation and be securely anchored to an adequately anchored foundation
system to resist floatation, collapse, and lateral movement.
(2) All manufactured homes to be placed or substantially improved in an existing
manufactured home park or subdivision that are not subject to the provisions of
subsection (d)(1) of this section, must be elevated so that either:
a. The lowest floor of the manufactured home is elevated to no lower than two
and one-half (2.5) feet above the base flood elevation; or
b. The manufactured home chassis is supported by reinforced piers or their
foundation elements of at least an equivalent strength that are no less than
sixty-six (66) inches in height above the grade and securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
(3) All recreational vehicles must be either:
a. Be on the site for fewer than one hundred eighty (180) days;
b. Be fully licensed and ready for highway use (a recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices and has not
permanently attached additions); or
Supp. No. 39 539
§ 8-32 ATLANTIC BEACH CODE
c. Meet all the requirements for new construction, including anchoring and
elevation standards in accordance with section 8-32.
(e) Adequate drainage paths around structures shall be provided on slopes to guide water
away from structures with zone AH.
(f) Standards for waterways with established base flood elevations but without regulatory
floodways. Located within the areas of special flood hazard established in section 8-7
of this chapter, where streams exist for which base flood elevation data has been
provided by the Federal Emergency Management Agency without the delineation of
the regulatory floodway (A zones AE and Al -30), the following provisions, in addition
to those set forth in subsections 8-32(a) through (e), shall apply:
(1) Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development including fill shall be permitted within the
areas of special flood hazard, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing and
anticipated development will not increase the water surface elevation of the base
flood more than one (1) foot at any point in the community.
(2) Development activities which increase the water surface elevation of the base
flood by more than one (1) foot may be allowed, provided that the developer or
applicant first applies — with the community's endorsement — for a conditional
FIRM revision, and receives the approval of the Federal Emergency Management
Agency (FEMA).
(g) Standards for waterways with established base flood elevations and floodways.
Located within the areas of special flood hazard established in section 8-7 of this
chapter, arc areas designated as floodways. Since the fioudway i.5' an extremely
hazardous area due to the high velocity of floodwaters which carry debris, potential
projectiles and have significant erosion potential, the following provisions, in addition
to those set forth in subsections 8-32(a) through (e), shall apply:
(1) Prohibit encroachments, including fill, new construction, substantial improve-
ments and other developments within the regulatory floodway unless certifica-
tion (with supporting technical data) by a registered professional engineer is
provided through hydrological and hydraulic analyses performed in accordance
with standard engineering practice demonstrating the encroachments would not
result in any increase in flood level during occurrence of the base flood discharge.
(2) Development activities including new construction and substantial improve-
ments within the regulatory floodway that increase the base flood elevation may
be allowed, provided that the developer or applicant first applies — with the
community's endorsement- for a conditional FIRM revision, and receives the
approval from FEMA.
(3) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, within the regulatory floodway, the development shall be
Supp. No. 39 540
FLOOD HAZARD AREAS § 8-32
issued only upon demonstration by appropriate engineering analyses that the
proposed fill will not increase the water surface elevation of the base flood in
accordance with subsection 8-32(g)(1).
(h) For all structures located seaward of the Coastal Construction Control Line (CCCL),
the lowest floor of all new construction and substantial improvement shall be elevated
to no lower than the 100 -year flood elevation established by the Florida Department of
Environmental Protection or by FEMA in accordance with section 8-7, whichever is
higher. All nonelevation design requirements of section 8-32 shall apply.
(i) Coastal high hazard areas (V zones). Located within the areas of special flood hazard
established in section 8-7 are areas designated as coastal high hazard areas, desig-
nated as zones V1-30, VE, or V (with BFE). The following provisions shall apply:
(1) Meet the standards of section 8-24, section 8-31 and section 8-32 (except (g).
(2) All buildings or structures shall be elevated so that the bottom of the lowest
supporting horizontal member (excluding piles or columns) is located no lower
than two and one-half (2.5) feet above the base flood elevation level, whether or
not the structure contains a basement.
(3) All new construction and substantial improvements in zones V1-30, VE, and V
(with BFE) shall be securely anchored on pilings or columns.
(4) The piling or column foundation and the attached structures shall be anchored to
resist flotation, collapse, and lateral movement due to the effect of wind and
water loads acting simultaneously on all building components. The anchoring
and support system shall be designed with wind and water loading values which
equal or exceed the 100 -year mean recurrence interval (one -percent annual
chance flood). Wind loading values will be those required by the applicable State
of Florida or local, if more stringent than those of the State of Florida, building
standards.
(5) For all buildings located seaward of the Coastal Construction Control Line
(CCCL), the bottom of the lowest horizontal structural member of the lowest floor
of all new construction and substantial improvements shall be elevated to the
100 -year flood elevation established by the Florida Department of Environmental
protection or the base flood elevation plus two and one-half (2.5) feet, whichever
is the higher. All nonelevation design requirements of this section shall apply.
(6) A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting with the provisions contained in this
section.
(7) The elevation (in relationship to mean sea level) must be obtained of the bottom
of the lowest horizontal structural member of the lowest floor (excluding pilings
and columns) of all new and substantially improved structures. The floodplain
administrator shall maintain a record of all such information.
Supp. No. 39 541
§ 8-32 ATLANTIC BEACH CODE
(8) All new construction and substantial improvements shall be located landward of
the reach of the mean high tide.
(9) There shall be no fill used as structural support. Noncompacted fill may be used
around the perimeter of a building for landscaping/aesthetic purposes provided
the fill will wash out from storm surge, thereby rendering the building free of
obstruction, prior to generating excessive loading forces, ramping effects, or wave
deflection. The floodplain administrator shall approve design plans for landscaping/
aesthetic fill only after the applicant has provided an analysis by an engineer,
architect, and/or soil scientist, which demonstrates that the following factors
have been fully considered:
a. Particle composition of fill material does not have a tendency for excessive
natural compaction;
b. Volume and distribution of fill will not cause wave deflection to adjacent
properties; and
c. Slope of fill will not cause wave run-up or ramping.
(10) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, in coastal high hazard areas, the development permit
shall be issued only upon demonstration by appropriate engineering analyses
that the proposed fill will not increase the water surface elevation of the base
flood nor cause any adverse impacts to the structure on site or other properties by
wave ramping or deflection.
(11) There shall be no alteration of sand dunes or mangrove stands which would
increase potential flood damage.
(12) All new construction and substantial improvements shall have the space below
the lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, lattice work or insect screening intended to collapse under the
wind and water loads without causing collapse, displacement or other structural
damage to the elevated portion of the foundation or supporting foundation
system. For the purpose of this section, a breakaway wall shall have a design safe
loading resistance of not less than ten (10) and no more than twenty (20) pounds
per square foot. Use of breakaway walls which exceed a design safe loading
resistance of twenty (20) pounds per square foot (either by design or when so
required by State of Florida or local codes) may be permitted only if a registered
engineer or architect certified that the designs proposed are not part of the
structural support of the building and are designed so as to breakaway, under
abnormally high tides or wave action, without damage to the structural integrity
of the building on which they are to be used.
(13) Such enclosed space shall not be designed to be used for human habitation, but
shall be designed to be used only for parking of vehicles, building access, or
Supp. No. 39 542
FLOOD HAZARD AREAS § 8-33
limited storage of maintenance equipment used in connection with the premises.
Such space shall not be finished, partitioned into multiple rooms or temperature -
controlled.
(14) Prohibit the placement of manufactured homes (mobile homes), except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home
park or subdivision provided the anchoring standards of subsection 8-31(b), and
the elevation standards of subsection 8-32(a) are met.
(Ord. No. 25-11-42, § 1, 10-10-11)
Sec. 8-33. Standards for A zones without established base flood elevations and/or
regulatory floodways.
Located within the areas of special flood hazard established in section 8-7, there exist A
zones where no base flood data have been provided or where no floodways have been provided,
the following provisions apply:
(a) Require standards of section 8-32 be enforced.
(b) Require that all new subdivision proposals and other proposed developments (includ-
ing proposals for manufactured home parks and subdivisions) greater than fifty (50)
lots or five (5) acres, whichever is lesser, include within such proposals base flood
elevation data. Standards set forth in section 8-32 shall apply.
(c) The floodplain administrator shall obtain, review, and reasonably utilize any base
flood elevation and floodway data available from a federal, State of Florida, or any
other source, in order to administer the provisions of this chapter. When such data is
utilized, provisions of section 8-32 shall apply. The floodplain administrator shall:
Obtain the elevation (in relation to the mean sea level) of the lowest floor
(including the basement) of all new and substantially improved structures;
b. Obtain, if the structure has been floodproofed in accordance with the require-
ments of section 8-32, the elevation in relation to the mean sea level to which the
structure has been floodproofed; and
c. Maintain a record of all information.
(d) Notify, in Riverine situations, adjacent communities, the Florida Department of
Community Affairs—NFIP Coordinating Office, and the St. Johns River Water
Management District prior to any alteration or relocation of a watercourse, and submit
copies of such notifications to FEMA.
(e) Assure that the flood -carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(f) Manufactured homes shall be installed using methods and practices that minimize
flood damage. They must be elevated and anchored to prevent floatation, collapse, and
lateral movement. Methods of anchoring may include, but are not limited to, use of
a.
Supp. No. 39 543
§ 8-33 ATLANTIC BEACH CODE
over -the -top or frame ties to the ground anchors. This requirement is in addition to
applicable State of Florida and local anchoring requirements for resisting wind forces.
(g) When the data is not available from any source, in accordance with standards set forth
in section 8-32, the lowest floor of the structure shall be elevated to no lower than three
(3) feet above the highest adjacent grade. Standards set forth in section 8-32 shall
apply.
(Ord. No. 25-11-42, § 1, 10-10-11)
Sec. 8-34. Standards for subdivision proposals.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas
electrical and water systems located and constructed to minimize flood damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards.
(d) Base flood elevation data shall be provided for subdivision proposals and other proposed
development (including manufactured home parks and subdivisions) which is greater than the
lesser of fifty (50) lots or five (5) acres.
(Ord. No. 25-11-42, § 1, 10-10-11)
Sec. 8-35. Standards for areas of shallow flooding (AO zones).
Located within the areas of special flood hazard established in section 8-7, are areas
designated as shallow flooding meas. These areas have special flood hazards associated with
base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate; therefore, the following
provisions apply:
(a) All new construction and substantial improvements of residential structures in all AO
zones shall have the lowest floor, including basement, elevated to the depth number
specified on the flood insurance rate map, in feet, above the highest adjacent grade. If
no depth number is specified, the lowest floor, including basement, shall be elevated,
at least three (3) feet above the highest adjacent grade.
(b) All new construction and substantial improvements of nonresidential structures shall:
(1) Have the lowest floor, including basement, elevated to the depth number specified
on the flood insurance rate map, in feet, above the highest adjacent grade. If no
depth number is specified, the lowest floor, including basement shall be elevated
at least three (3) feet above the highest adjacent grade; or
(2) Together with attendant utility and sanitary facilities be completely floodproofed
no less than one (1) foot above that level so that any space below that level is
Supp. No. 39 544
FLOOD HAZARD AREAS § 8-35
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
(3) Adequate drainage paths around structures shall be provided on slopes to guide
water away from structures.
(4) Fully enclosed areas below the lowest floor that are subject to flooding shall meet
the non -elevation design requirements of section 8-32.
(Ord. No. 25-11-42, § 1, 10-10-11)
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Supp. No. 39 545
Art. I.
Art. II.
Art. III.
Art. IV.
Chapter 13
OFFENSES*
In General, §§ 13-1-13-150
Minors on Streets and In Public Places, §§ 13-151-13-160
Sexual Offenders and Sexual Predators, § 13-161
Convenience Business Security Act, §§ 13-162-13-169
ARTICLE I. IN GENERAL
Sec. 13-1. State misdemeanors.
It shall be unlawful for any person to commit within the city any act which is or shall be
recognized by the laws of the state as a misdemeanor, and the commission of such acts is
hereby prohibited.
(Code 1970, § 14-16)
Sec. 13-2. Loitering in, obstructing, etc., streets, public places, etc.
(a) No person shall loiter, lounge or sleep in or upon any street, park or public place or in
any public building, or obstruct the access to any public building or any part thereof, or
obstruct passage through or upon any public street, park or public place.
(b) For the purposes of this section, the term "loiter" shall encompass, but shall not
necessarily be limited to, one or more of the following acts:
(1) Obstruction of the free, unhampered passage of pedestrians or vehicles.
(2) Obstructing, molesting or interfering with any person lawfully upon any street, park
or other public place.
(3) Conduct involving the concept of standing idly by, loafing, walking about aimlessly
without purpose and including the colloquial expression of "hanging around."
(c) A person shall be guilty of violating this section only after refusing to move on when so
requested by a peace officer, provided the peace officer has exercised his discretion reasonably
under the circumstances in order to preserve or promote public peace and order.
(d) For the purpose of this section, the term "other public place" shall be deemed to include
the quasi -public area in front of or adjacent to any store, shop, restaurant, luncheonette or
other place of business, and shall also include any parking lot or other vacant private property
not owned or under the dominion of the person charged with a violation of this section.
(Code 1970, § 14-7)
Cross references—Streets, sidewalks and other public places, Ch. 19; obstructing free
passage of streets and sidewalks prohibited, § 19-1.
*Cross references—Police, Ch. 15; traffic and motor vehicles, Ch. 21.
Supp. No. 39 787
§ 13-3 ATLANTIC BEACH CODE
Sec. 13-3. Discharging air guns, etc., prohibited.
(a) It shall be unlawful to discharge any loaded air gun, air rifle, air pistol or similar device
within the city.
(b) This section does not apply to a person lawfully defending life or property or performing
official duties.
(Code 1970, § 14-17; Ord. No. 95-11-104, § 2, 9-26-11)
Editor's note—Section 2 of Ord. No. 95-11-104, adopted Sept. 26, 2011, changed the title
of § 13-3 from "Discharging firearms, air guns, etc., prohibited" to "Discharging air guns, etc.,
prohibited."
State law reference—Discharging firearm in public, F.S. § 790.15.
Sec. 13-4. Drug paraphernalia—Definitions.
The following words and phrases, when used in sections 13-4 and 13-5, shall, for the
purposes of sections 13-4 and 13-5, have the meanings respectively ascribed to them in this
section, except where the context clearly indicates a different meaning:
Cocaine spoon shall mean a spoon with a bowl so small that the primary use for which it is
reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be
unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as
a "cocaine" spoon or "coke" spoon.
Controlled substance shall mean any drug or substance named or described in F.S. § 893.03,
Schedules I through V, as amended, commonly known as the Florida Comprehensive Drug
Abuse Prevention and Control Act.
Marijuana ., .,
•J�,.w�„w or hashish pipe shall mean a pipe i:ilitl'dl:Lellt,e(1 by a bowl which is so small -that
Gnat
the primary use for which it is reasonably adapted or designed is the smoking of marijuana or
hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a
screen.
Paraphernalia shall mean an empty gelatin capsule, hypodermic syringe or needle, cocaine
spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is
primarily adapted or designed for the administration or use of any controlled substance.
(Ord. No. 95-80-19, § 2, 2-25-80)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 13-5. Same—Sale, display, etc., of paraphernalia, prohibited; exceptions.
(a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give
away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe,
hashish pipe or any other instrument, implement or device which is primarily adapted or
designed for the administration or use of any controlled substance as enumerated in F.S.
§ 893.03, Sch. I—V, as amended, commonly known as the Florida Comprehensive Drug Abuse
Prevention and Control Act.
Supp. No. 39 788
OFFENSES § 13-6
(b) The prohibition contained in this section shall not apply to manufacturers, wholesalers,
jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching
institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropo-
dists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective
businesses or professions, nor to common carriers or warehousers or their employees engaged
in the lawful transportation of such paraphernalia, nor to public officers or employees while
engaged in the performance of their official duties, nor to persons suffering from diabetes,
asthma or any other medical condition requiring self -injection.
(Ord. No. 95-80-19, § 3, 2-25-80)
State law reference—Use, possession, manufacture, delivery or advertisement of drug
paraphernalia, F.S. § 893.147.
Sec. 13-6. Obscene matter prohibited.
(a) For purposes of this section and section 13-7, the following definitions shall apply:
Distribute. The transfer of possession whether with or without consideration.
Knowingly. Awareness of the character of the matter or live conduct.
Matter. Any book, magazine, newspaper or other printed or written material or any picture,
drawing, photograph, motion picture or other pictorial representation or any statue or
other figure, or any recording, transcription or mechanical, chemical or electrical
reproduction or any other articles, equipment, machines or materials or physical
exhibition performed by individuals, whether male or female.
Obscene. Means to the average person applying contemporary standards, taken as a whole
the predominant appeal of the matter is to prurient interest, i.e., a shameful or morbid
interest in nudity, sex, or excretion, which goes substantially beyond customary limits
or candor in description or representation of such matters, including but not being
limited to patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated or patently offensive representations or
descriptions of masturbation, excretory functions, and lewd exhibition of the genitals
whether by male of female.
Person. Any individual whether male or female, partnership, firm, association, corporation
or other legal entity.
(b) It shall be unlawful for any person to knowingly send or cause to be sent, or bring or
cause to be brought, into this municipality for sale or distribution any obscene matter.
(c) It shall be unlawful for any person to prepare, publish, print, exhibit, distribute, or offer
to distribute, or have in his or her possession with intent to distribute, exhibit or offer to
distribute, advertise for exhibition, or display any obscene matter within this city.
(Ord. No. 95-86-28, § 1, 3-24-86)
Supp. No. 39 789
§ 13-7 ATLANTIC BEACH CODE
Sec. 13-7. Exposure of private parts in establishments serving alcoholic beverages.
(a) It shall be unlawful for any person maintaining, owning, or operating a commercial
establishment located within the City of Atlantic Beach, Florida, at which alcoholic beverages
are offered for sale for consumption on the premises:
(1) To suffer or permit any female persons, while on the premises of said commercial
establishment, to expose to public view the area of the human female breast at or
below the areola thereof.
(2) To suffer or permit any female person, while on the premises of said commercial
establishment, to employ any device or covering which is intended to give the
appearance of or simulate such portions of the female breast as described in subsection
(a)(1) above.
(3) To suffer or permit any person, male or female, while on the premises of said
commercial establishment to expose to public view his or her genitals, pubic area,
buttocks, anus or anal cleft or cleavage.
(b) It shall be unlawful for any female person, while on the premises of a commercial
establishment located within the City of Atlantic Beach, Florida, at which alcoholic beverages
are offered for sale for consumption on the premises, to expose to public view that area of the
human female breast at or below the areola thereof, or to employ any device or covering which
is intended to give the appearance of or simulate such areas of the female breast as described
herein.
(c) It shall be unlawful for any person, male or female, while on the premises of a
commercial establishment located within the City of Atlantic Beach, Florida, at which
alcoholic beverages are offered for sale for consumption on the premises, to expose to public
view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any
device or covering which is intended to give the appearance of or simulate the genitals, pubic
area, buttocks, anus or anal cleft or cleavage.
(d) Any person who shall violate any provision of this section shall be guilty of a
misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or thirty (30)
days in jail or both.
(Ord. No. 95-86-28, § 1, 3-24-86)
Sec. 13-8. Replica firearms—Definition.
Replica firearms shall mean any device or object made of plastic, wood, metal, or any other
material which is a replica, facsimile, or toy version of, or is otherwise recognizable as a pistol,
revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm
and shall include toy guns, movie props, hobby models, starter pistols, air guns, pellet guns,
BB guns, or any other device which might reasonably be perceived to be a real firearm, but
cannot, are not designed to, and cannot readily be converted to expel a projectile by the action
of an explosive.
(Ord. No. 57-89-13, § 1, 2-13-89; Ord. No. 95-11-104, § 2, 9-26-11)
Supp. No. 39 790
OFFENSES § 13-12
Sec. 13-9. Same—Possession and use regulated.
(a) It shall be unlawful for any person to carry, display, or brandish any replica or facsimile
of a firearm in a manner or at a location which would injure, annoy or create fear in the general
public or in any individual.
(b) It shall be unlawful for any person to carry, display, or brandish any replica or facsimile
of a firearm in the presence of a law enforcement officer.
(Ord. No. 57-89-13, § 1, 2-13-89)
Sec. 13-10. Recyclable materials; removal prohibited.
(a) It shall be unlawful for anyone to take, steal, carry away, or otherwise remove any
contents from any bin or container designed for the purpose of recycling solid waste and
marked with the logo adopted by the City of Atlantic Beach for the recycling program.
(b) Exemptions: Only those persons authorized in writing by the city manager shall be
exempted from the provision of this section.
(c) Violation of this section shall be punishable by a fine not exceeding five hundred dollars
($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both fine and
imprisonment.
(Ord. No. 95-89-42, § 1, 9-11-89)
Sec. 13-11. Flea markets.
(a) A garage sale (see section 24-17 for definition of garage sale) operating for more than
three (3) consecutive days in duration, or occurring more than three (3) times within a calendar
year, shall be considered a flea market.
(b) It shall be unlawful to conduct, promote, or otherwise engage in operating a flea market
within the municipal boundaries of the city.
(Ord. No. 95-92-52, § 1, 5-26-92)
Sec. 13-12. Aggressive solicitation prohibited.
(a) Definitions.
(1) Aggressive manner means and includes:
a. Intentionally or recklessly making any physical contact with or touching another
person in the course of the solicitation without the person's consent;
b. Following the person being solicited, if that conduct is:
1. Intended to or is likely to cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act upon property in the person's
possession; or
2. Is intended to or is reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
Supp. No. 39 791
§ 1342 ATLANTIC BEACH CODE
3. Continuing to solicit within five (5) feet of the person being solicited after
the person has made a negative response, if continuing the solicitation is:
(i) Intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) Is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
4. Intentionally or recklessly blocking the safe or free passage of the person
being solicited or requiring the person, or the driver of a vehicle, to take
evasive action to avoid physical contact with the person making the
solicitation. Acts authorized as an exercise of one's constitutional right to
picket or legally protest shall not constitute obstruction of pedestrian or
vehicular traffic;
5. Intentionally or recklessly using obscene or abusive language or gestures:
(i) Intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) Words intended to or reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation; or
6. Approaching the person being solicited in a manner that:
(i) Is intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(ii) Is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
(2) Automated teller machine means a device, linked to a financial institution's account
records, which is able to carry out transactions, including, but not limited to: account
transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan
payments.
(3) Automated teller machine facility means the area comprised of one (1) or more
automatic teller machines, and any adjacent space which is made available to banking
customers after regular banking hours.
(4) Bank means any banking corporation as defined in Section 674.105, Florida Statutes.
(5) Check cashing business means any person duly licensed by the superintendent of
banks to engage in the business of cashing checks, drafts or money orders for
consideration pursuant to the provisions of the banking laws.
(6) Public area means an area to which the public or a substantial group of persons has
access, and includes, but is not limited to, alleys, bridges, buildings, driveways,
Supp. No. 39 792
OFFENSES § 13-13
parking lots, parks, playgrounds, plazas, sidewalks and streets open to the general
public, and the doorways and entrances to buildings and dwelling, and the grounds
enclosing them.
(7) Solicit means to request an immediate donation of money or other thing of value from
another person, regardless of the solicitor's purpose or intended use of the money or
other thing of value.
(b) Prohibited acts. It shall be unlawful for any person to solicit money or other things of
value; or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle, or bus station or stop;
(3) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business
or with fifteen (15) feet of any automated teller machine during the hours of operation
of such bank, automated teller machine or check cashing business without the consent
of the owner or other person legally in possession of such facilities. Provided, however,
that when an automated teller machine is located within an automated teller machine
facility, such distance shall be measured from the entrance or exit of the automated
teller machine facility;
(4) On private property if the owner, tenant, or lawful occupant has asked the person not
to solicit on the property, or has posted a sign clearly indicating that solicitations are
not welcome on the property; or
(5) From any operator of a motor vehicle that is in traffic on a public street, whether in
exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a
public parking space, or directing the occupant to a public parking space; provided,
however, that this paragraph shall not apply to services rendered in connection with
emergency repairs requested by the operator or passengers of such vehicle.
(c) Penalties. Any person violating a provision of this section shall be guilty of an offense
and shall upon conviction and adjudication of guilt be punished as follows:
(1) For a first offense, by a fine of not more than twenty-five dollars ($25.00) or by
imprisonment of not more than (10) days or by community service of not less than fifty
(50) hours; and
(2) For a second and subsequent offense, by a fine of not more than five hundred dollars
($500.00) or by imprisonment of not less than fifteen (15) days nor more than ninety
(90) days or by community service of not less than five hundred (500) hours.
(Ord. No. 95-03-84, § 1, 5-27-03)
Sec. 13-13. Regulation of fireworks.
(a) Definitions. For purposes of this section, the following definitions will apply:
Division means the division of the state fire marshal of the department of financial services.
Supp. No. 39 793
§ 13-13 ATLANTIC BEACH CODE
Explosive compound means any chemical compound, mixture, or device the primary or
common purpose of which is to function by the substantially instantaneous release of gas and
heat.
Fireworks means and includes any combustible or explosive composition or substance or
combination of substances or, except, as hereinafter provided, any article prepared for the
purpose of producing a visible or audible effect by combustion, explosion, deflagration or
detonation. The term includes blank cartridges and toy cannons in which explosives are used,
firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing
any explosives or flammable compound or any tablets or other device containing any explosive
substance; but excludes starter pistols and toy cannons used during organized sporting events
and/or city -approved parades or celebrations. For purposes of this section, the definition of
"Fireworks" does not include any item listed in section 791.01(4)(b)and(c), Florida Statutes.
Sparkler means a device which emits showers of sparks upon burning, does not contain any
explosive compounds, does not detonate or explode, is hand held or ground based, cannot
propel itself through the air, and contains not more than one hundred (100) grams of the
chemical compound which produces sparks upon burning. Any sparkler that is not approved by
the division is classified as fireworks.
(b) General regulations.
(1) Except as hereinafter provided, it shall be unlawful for any person, firm, copartner-
ship, or corporation to possess, use, sell, or explode any fireworks within the municipal
boundaries of the City of Atlantic Beach. Any fireworks found as a result of a violation
of this section will be confiscated and destroyed.
(2) Sparklers as defined in this section are exempt from the provisions of subsection (b)(1).
(3) Notwithstanding the requirements of subsection (b)(1), the City of Atlantic Beach has
the authority to authorize the granting of permits for supervised public displays of
fireworks within the municipal boundaries of the City of Atlantic Beach, as provided in
section 791.02(1), Florida Statutes.
(c) Penalty. Any person violating any provision of this section shall be guilty of an offense
punishable by a fine of fifty dollars ($50.00) per violation, payable within ten (10) days of
issuance of a citation at City Hall, located at 800 Seminole Road in Atlantic Beach, Florida. A
late fee of ten dollars ($10.00) shall be attached to any fine not paid by the due date.
(Ord. No. 95-04-87, § 1, 6-14-04)
Sec. 13-14. Tobacco product placement.
(a) Title. This section shall be known and cited as the "City of Atlantic Beach Tobacco
Product Placement Ordinance."
Supp. No. 39 794
OFFENSES § 13-150
(b) Intent. This section is intended to prevent the sale to and possession of tobacco products
by persons under the age of eighteen (18) by regulating the placement of such products. This
section shall not be interpreted or construed to prohibit the sale or delivery of tobacco products
which are otherwise lawful or regulated pursuant to Chapter 569, Florida Statutes.
(c) Definitions. For the purpose of this section the following terms shall mean:
Candy flavored tobacco products shall mean tobacco or any of its component parts (including
the tobacco, filter or paper) that contain, as a constituent (including a smoke constituent) or
additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice,
including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice,
cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or
tobacco smoke.
Self-service display or placement means the open display or placement of tobacco products
to which the public has access without the intervention of the vendor, store owner or other
store employee.
Smoking pipes and smoking devices shall mean metal, wooden, acrylic, glass, stone, plastic
or ceramic smoking pipes, with or without screens, permanent screens or punctured metal
bows; water pipes; carburetion tubes and devices; chamber pipes; carburetor pipes; electric
pipes; air -driven pipes; chillums; bongs; and ice pipes or chillers.
Tobacco products include loose tobacco leaves, and products made from tobacco leaves, in
whole or in part, and cigarette wrappers, which can be used for smoking, sniffing or chewing,
as defined in Chapter 569, Florida Statutes.
Tobacco retailer means any person or business that operates or manages a store, stand,
booth, concession or other place at which sales of tobacco products are made to purchasers.
Vendor assisted means the customer has no access to tobacco products without the
assistance of the vendor, store owner or other store employee.
(d) Self-service display and placement prohibited. It shall be unlawful for any tobacco
retailer to sell, to permit to be sold, to offer for sale or to display any tobacco product, candy
flavored tobacco product, and any smoking pipe and smoking device by means of self-service
display or placement or by any means other than vendor assisted sales.
(e) Exceptions. The provisions of this section shall not apply to an establishment that
prohibits persons under eighteen (18) years of age on the premises.
(f) Penalties. Violation of this section is a misdemeanor pursuant to F.S. § 125.69, and is
punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to five
hundred dollars ($500.00), or both such imprisonment and fine.
(Ord. No. 95-11-103, § 1, 7-25-11)
Secs. 13-15-13-150. Reserved.
Supp. No. 39 794.1
§ 13-151 ATLANTIC BEACH CODE
ARTICLE II. MINORS ON STREETS AND IN PUBLIC PLACES*
Sec. 13-151. Short title.
This article shall be known and may be cited as the "Ordinance Regulating the Presence and
Conduct of Minors on Streets and Public Places."
(Ord. No. 57-89-14, § 1, 2-27-89)
*Editor's note—Ord. No. 57-89-14, §§ 1-7, adopted February 27, 1989, did not specifically
amend the Code; therefore, inclusion as §§ 13-151-13-158 was at the discretion of the editor.
Supp. No. 39 794.2
SIGNS AND ADVERTISING STRUCTURES § 17-29
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1)
sign is allowed, each such sign erected shall be constructed and designed in the
same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted
lighting only. Any lighting shall project from the ground onto the sign only, and
shall not be directed towards any street or residential lot.
(2) For multi -family residential uses, one (1) sign identifying the name of the multi -family
development shall be allowed at each entrance not to exceed two (2) signs. Internal
directional signs and signs identifying buildings shall also be allowed limited to three
(3) feet in height and eight (8) square feet in sign face area.
a. Size permitted: Sixty (60) square feet of sign face area.
b. Maximum height of sign: Eight (8) feet.
c. Type allowed: Freestanding ground or monument style. Where more than one (1)
sign is allowed, each such sign erected shall be constructed and designed in the
same manner.
d. Illumination: These signs shall be externally illuminated with ground mounted
lighting only. Any lighting shall project from the ground onto the sign only, and
shall not be directed towards any street, vehicular drive or residential unit.
(b) Signs, as set forth with above paragraph (a), that are located within public or dedicated
rights-of-way shall be approved by the city commission. Such signs may be approved at the
time of final plat approval as set forth by section 24-202 of this Code, or alternatively, such
signs may be approved upon specific application to the commission. Approval of the city
commission shall be required prior to the issuance of a sign permit. Such signs shall
complement and conform to the "WELCOME TO ATLANTIC BEACH" signs in features
including lettering, color, composition, structural materials, finished surface, and shall be
constructed of wood or similar material giving the finished appearance of carved or sand-
blasted wood, as described within section 17-32.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-29. Signs permitted within commercial and industrial zoning districts.
Subject to the provisions as set forth within this section, the following signs shall be
permitted within commercial professional office (CPO), commercial limited (CL), commercial
general (CG), central business district (CBD), and industrial, light and warehousing (ILW)
zoning districts. Except as specifically exempted in section 17-26, and further subject to
issuance of a sign permit, no other signs or advertising device shall be displayed or erected
within the city.
(a) Fascia signs.
(1) Fascia signs for buildings with a single business or occupant.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the
building width that faces the street frontage, provided that the total signage
Supp. No. 39 1003
§ 17-29 ATLANTIC BEACH CODE
shall not exceed two hundred (200) square feet of sign face area, including
buildings on corner lots. (For example, if the width of the building facing the
front of the lot is fifty (50) feet, the maximum total sign face area for all
fascia signs is fifty (50) square feet.) If the building is on a corner lot, then
the widths of the building facades facing multiple street frontages can be
added together to determine the total signage area, but in no cases shall the
total fascia signage exceed two hundred (200) square feet, nor shall an
individual sign exceed the square footage corresponding to the linear width
of the building side on which that sign is posted. In no case, shall any
individual sign as described above, exceed one hundred (100) square feet in
sign display area except for buildings that face the front lot line, as defined
in this Code, by a distance of more than one hundred (100) linear feet, which
may have an individual sign display area up to a maximum of two hundred
(200) square feet depending on the amount of building frontage.
(2) Number of fascia signs permitted: Not more than three (3) fascia signs shall be
allowed on any one (1) side of the building. Where fascia signs are placed upon
more than one (1) side of the building, the combined sign face area shall not
exceed the amount permitted by subsection (a)(1)a. above.
[(3)] Fascia signs for buildings with multiple businesses or occupants.
a. Size permitted: One (1) square foot of sign face area for each linear foot of the
unit(s) occupied by one (1) business or occupant, provided that the total
signage shall not exceed two hundred (200) square feet for any one (1)
business. If the business or occupant is on the corner, then the widths of the
unit(s) occupied by the business or occupant that are facing multiple street
frontages can be added together to determine the total signage area, but in
no case shall the total signage for particular business or occupant exceed
two hundred (200) square feet, nor shall any individual sign exceed the
square footage corresponding to the linear building footage. (For example, if
the width of a unit or several units, occupied by one (1) business is
twenty-four (24) feet, then one (1) sign, a maximum of twenty-four (24)
square feet of sign face area is permitted.) In no case, shall any individual
sign as described above, exceed one hundred (100) square feet in sign area
except for buildings that face the front lot line, as defined in this Code, by a
distance of more than one hundred (100) linear feet, which may have an
individual sign display area up to a maximum of two hundred (200) square
feet depending on the amount of building frontage.
b. Required spacing between signs on buildings: Fascia signs shall be sepa-
rated by a minimum distance of seventy-two (72) inches.
Supp. No. 39 1004
SIGNS AND ADVERTISING STRUCTURES § 17-29
(b) Bracket or marquee signs. In lieu of the above described fascia signs, a business or
permitted use may install a single bracket sign or marquee sign in accordance with the
following provisions:
(1) Size permitted: The maximum size of a bracket sign or a marquee sign shall be
determined in the same manner as a fascia sign, provided that no such sign shall
have more than sixty (60) square feet of projected sign face area.
a. There shall be no more than twelve (12) inches of clear space adjacent to the
building wall, and such signs shall not extend or project from the face of the
building more than ten (10) feet.
b. No portion of such sign shall extend above the height of the roof.
c. No portion of such sign shall be closer than eight (8) feet to any sidewalk or
pedestrian walkway, and no closer than five (5) feet from any street side
property line. All such signs shall be securely anchored to a wall and shall
in no manner be connected to or suspended from the roof of any building.
(2) Within the central business district only. In addition to other permitted signs, uses
limited only to retail establishments, restaurants, cafes and coffee shops, may
install a single bracket sign extending above a public sidewalk or pedestrian
walkway. The purpose of this provision is to provide appropriate and consistent
signage for the unique pedestrian environment of the town center area. Such
signs shall be located only in accordance with the following provisions and upon
issuance of a sign permit:
a. May be located only above first floor entryways or first floor windows with
no portion of the sign display area exceeding ten (10) feet above the
established grade of the adjoining sidewalk or walkway;
b. Shall provide minimum vertical clearance of eight (8) feet above the
sidewalk or walkway;
c. Shall provide minimum clearance of six (6) inches from the building facade;
d. Shall be separated from any other such sign by a minimum of twenty (20)
feet;
e. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical
depth;
f. Shall give the appearance of traditional wood routed or sandblasted signs.
Materials such as high density urethane (HDU) and recycled high density
polyethylene (HDPE) plastics, which give a similar appearance, shall be
acceptable substitutes;
g. Shall be externally illuminated only and shall contain no electrical compo-
nents; and
h. Shall create no safety hazard or obstruction to the public's use of the
sidewalk or walkway as determined by the director of public safety.
Supp. No. 39 1005
§ 17-29 ATLANTIC BEACH CODE
(c) Freestanding signs. In addition to the above signs, freestanding signs may be
permitted as set forth below:
(1) Size permitted: One (1) square foot of sign display area for each linear foot of
frontages of the development parcel on which the sign(s) are placed, provided no
such sign shall exceed ninety-six (96) square feet of sign display area, or eight (8)
feet in height and twelve (12) feet in width, except as provided in subsection
(c)(2)b. below.
(2) Number of freestanding signs permitted:
a. Development parcels with street frontage shall be permitted one (1) free-
standing sign for each one hundred (100) feet of linear street frontage, up to
a maximum of three (3) freestanding signs.
b. Development parcels with street frontage upon more than one (1) street,
shall be permitted one (1) additional freestanding sign on each street side of
the development parcel.
c. Required distance from property lines: No portion of any freestanding sign
shall be located closer to the property line than five (5) feet. Additional
distance from property lines may be required if determined necessary by the
director of public works, to maintain clear vehicular and pedestrian sight
distance. Freestanding signs shall not be located so as to interfere with clear
vehicular or pedestrian sight distance. Further, signs determined by the
director of public safety to interfere with safe sight distance for pedestrians
or vehicles shall be immediately removed.
(3) Within commercial general (CG) and commercial limited (CL) zoning districts
only. Alternatively, on development parcels with street frontage of three hundred
(300) linear feet or more shall be permitted one (1) freestanding sign not to exceed
ten (10) feet in height and one hundred twenty (120) feet in sign display area. The
required distance from any property lines for such freestanding sign shall be a
minimum of ten (10) feet. Additional distance from property lines may be
required if determined necessary by the director of public safety, to maintain
clear vehicular and pedestrian sight distance.
(d) Requirement for a unified sign plan. After the initial effective date of these regulations,
all new nonresidential development, which shall contain space or units for more than
one (1) business or occupant, shall provide a unified sign plan with the application for
building permits. All subsequent applications for sign permits shall comply with the
approved unified sign plan. The unified sign plan shall comply with respect to the
following:
(1) Manner and type of construction, including materials to be used, installation
method and mounting details.
(2) Means of illumination, if any, and hours of illumination.
(3) Size, color, lettering, and graphics style.
Supp. No. 39 1006
SIGNS AND ADVERTISING STRUCTURES § 17-31
(e) Pre -development signs. Signs for the purpose of announcing a coming development
project may be placed within commercial and industrial zoning districts subject to the
following provisions:
(1) Issuance of a sign permit shall be required, and no such sign shall remain on any
development parcel for a period of time exceeding one (1) year from the issuance
date of the sign permit.
(2) Complete and proper applications for building permits for the related develop-
ment project must be submitted within sixty (60) days of the placement of any
such sign, or the sign shall be removed. In the case that the sign is not removed,
the sign shall be considered an abandoned sign, subject to the provisions of
subsection 17-41(c).
(3) Such sign shall be removed within thirty (30) days of the issuance of any
certificate of occupancy, or at any time when construction ceases for a period of
time longer than thirty (30) days. In the case that the sign is not removed within
these periods of time, the sign shall be considered as abandoned, subject to the
provisions of subsection 17-41(c).
(4) Only one (1) such sign shall be placed upon the development parcel and shall not
exceed the height or size permitted by preceding paragraph (a).
(f) Requirement to display street number. All business and activities regulated by the
requirements of section 17-29 shall display the street number in a manner that is
prominent and clearly readable to vehicular and pedestrian traffic, as appropriate.
Street numbers shall be displayed on all freestanding signs and over front doors or
primary entryways.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03; Ord. No. 60-04-15, § 2, 1-10-05; Ord.
No. 60-12-17, § 1(Exh. A), 1-9-12)
Sec. 17-30. Signs within special purpose (SP) and planned unit development (PUD)
zoning districts.
The size, height, width and number of signs permitted within special purpose districts and
planned unit development districts shall be established within the ordinance creating such
district as determined by the city commission to be appropriate for the nature and character
of the use within these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-31. Signs within conservation (CON) zoning districts.
As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall
require approval as a use -by -exception. The size, height, width and number of signs permitted
within conservation districts shall be established during the use -by -exception process in
accordance with the provisions of section 24-63. Signs within conservation districts shall not
adversely impact the environmentally sensitive qualities of these areas, shall be non -
Supp. No. 39 1007
§ 17-31 ATLANTIC BEACH CODE
illuminated, shall contain no electrical components and shall be constructed of wood, brick,
masonry, high-density urethane or similar material, which is consistent with the natural
surroundings of these districts.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-32. Signs placed on public buildings and structures and within public parks.
All signs displayed within City of Atlantic Beach parks and upon the exterior of any public
building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH"
signs displayed on such properties as of the effective date of this chapter, or as such design may
be later modified by city commission. Such signs shall display the City of Atlantic Beach logo,
as depicted in Figure 1, and shall be similar in appearance with respect to color, lettering,
composition, and materials used for construction. Materials used shall be wood, high-density
urethane, or similar material, which may be given a sandblasted -type finished surface. Public
notice, parking and traffic signs shall be exempt from this provision.
Figure 1—City of Atlantic Beach Logo
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-33. Banner signs.
(a) The purpose of banner signs shall be to promote special seasonal, civic or community
events that occur on a temporary basis. A sign permit shall not be required for banner signs;
however, all banner signs shall be registered with City of Atlantic Beach. No banner sign shall
be hung, placed or erected prior to registration on a form as provided by the planning and
zoning department, and payment of fees as may be established by the city commission.
(b) Banner signs may be displayed subject to registration verifying compliance with the
following provisions:
(1) Display of banner signs for any event shall be limited to thirty (30) consecutive or
cumulative days within one (1) calendar year.
(2) Banner signs shall be limited in size to a maximum of sixty (60) square feet in size.
Supp. No. 39 1008
SIGNS AND ADVERTISING STRUCTURES § 17-41
(3) Banner signs shall not contain an advertising message.
(4) Banner signs shall not hang over or extend into rights-of-way.
(5) Banner signs shall be securely anchored to buildings, poles or suitable structural
supports and shall not be attached to trees, public buildings or structures, utility poles
or any type of utility structure or equipment, including lift stations, fire hydrants and
the like.
(6) Property owner's authorization to install and display such banner sign.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-34-17-40. Reserved.
ARTICLE III. CAUSE FOR REMOVAL OF SIGNS, ABANDONED SIGNS AND
PROHIBITED SIGNS
Sec. 17-41. Removal of unsafe, damaged or poorly maintained, and abandoned
signs.
(a) Unsafe signs. In the event that any sign, including an exempt sign, is determined by the
building official to be unsafe, such sign shall be immediately removed upon written notice from
the building official ordering removal. Such notice shall be sent by certified mail to the
property owner of record. If not removed within ten (10) days, the sign shall be considered a
hazard to public safety and shall be removed at the property owner's expense.
(b) Damaged signs and poorly maintained signs. All signs, including exempt signs, shall be
kept in a structurally sound condition, with a neat appearance and in a generally good state
of repair. Further, signs shall be maintained in accordance with Section 3108.1.7, Florida
Building Code, which requires that all signs for which a permit is required, together with
supports, braces, guys, and anchors shall be kept in repair and, unless of galvanized or
non -corroding metal, shall be painted at least once every two (2) years. Any sign destroyed or
damaged beyond reasonable repair in the determination of the building official, shall be
immediately repaired or removed at the property owner or occupant's expense. A new sign
permit shall be required for any replacement sign. If not repaired or replaced within thirty (30)
days after written notice from the building official, the sign shall constitute a public nuisance
and shall be removed at the property owner's expense.
(c) Abandoned signs. Signs shall be removed by the owner or occupant within (30) thirty
days of cessation of the business or activity conducted on the property where the sign is
located. A business or activity shall be considered to have ceased when the premises are
vacated, or in the absence of a valid occupational license or active utility service account. Signs
not removed in accordance with these provisions shall be considered as abandoned and shall
be removed at the property owner's expense.
(Ord. No. 60-02-12, § 2, 9-9-02)
Supp. No. 39 1009
§ 17-42 ATLANTIC BEACH CODE
Sec. 17-42. Prohibited signs and devices.
The following signs and devices shall be prohibited within the City of Atlantic Beach. In the
case of any conflict with other provisions of this Code, the prohibitions set forth below shall
supersede such other conflicting provisions.
(1) Animated signs.
(2) Automatic changeable message device signs, except for signs depicting time and
temperature.
(3) Flashing signs.
(4) Signs containing beacon or tracker lights or similar lighting components.
(5) Signs containing fluorescent colors or materials designed to be mirror-like or reflective.
(6) Obscene signs.
(7) Roof signs.
(8) Snipe signs.
(9) Portable and mobile signs.
(10) Temporary signs, except as otherwise authorized herein.
(11) Pennants, ribbons, balloons, streamers, wind -operated devices and similar elements
that a, e intended to draw attention to a business or activity, either when used alone or
incorporated into a sign.
(12) Vehicle signs. (Bumper stickers, decorative decals and the like, customary and
registered logos, trademarks or service marks that are attached to a motorized vehicle
shall not be considered as vehicle signs; however, such vehicles shall not be parked off
of the property from where a business is located or in the required front yard of any
property for the sole purpose of advertising.)
(13) Private signs on any public property, other than as specifically approved by the city
commission.
(14) All signs prohibited by Chapter 479.11, Florida Statutes.
(15) Signs not in compliance with all applicable provisions of this chapter and this Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-43-17-50. Reserved.
Supp. No. 39 1010
SIGNS AND ADVERTISING STRUCTURES § 17-51
ARTICLE IV. NONCONFORMING SIGNS AND WAIVER TO CERTAIN
PROVISIONS
Sec. 17-51. Nonconforming signs.
All signs, which were lawfully in existence and constructed or installed with properly issued
sign permits as of the effective date of these amended regulations, and which are made
nonconforming by the provisions herein shall be allowed to remain in accordance with the
following conditions:
(1) Freestanding signs, permitted pursuant to section 17-29, made nonconforming upon
the initial effective date of these amended regulations, which are not in compliance
only with respect to the minimum required distance of five (5) feet from any property
lines shall be allowed to remain in the existing location provided that no portion of the
sign is located within any publicly owned right-of-way or utility easement and that no
interference with clear sight distance exists, and further provided that such signs are
otherwise in compliance with the terms of this chapter.
(2) Freestanding signs, permitted pursuant to section 17-29, made nonconforming upon
the initial effective date of these amended regulations, which are not in compliance
with respect only to maximum width, height or size shall be allowed to remain,
provided that such signs are otherwise in compliance with the terms of this chapter.
(3) Nonconforming signs, including those as described in preceding paragraphs (1) and (2)
shall be made conforming with all provisions of this chapter when any of the following
changes are made:
a. Any change to the structural supports or structural materials, including tempo-
rary relocation associated with routine maintenance of a property.
b. Any change which increases the illumination.
c. Any change which increases the height of a sign.
d. Any change, which alters the material used for the display area or face area by
more than twenty-five (25) percent.
e. Any replacement required as the result of an accidental act or a weather-related
act.
f. Any replacement of an abandoned sign.
Any change necessary for compliance with Florida Building Code requirements.
g.
(4) The provisions of this section shall not be construed to apply to signs that are
abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are
determined to create a hazard to public safety. Such signs shall be subject to the
provisions of section 17-33.
Supp. No. 39 1011
§ 17-51 ATLANTIC BEACH CODE
(5) Notwithstanding the preceding provisions of paragraphs (1) through (4), all signs
permitted within commercial and industrial zoning districts, pursuant to section 17-6
of this chapter, shall be made to conform with the provisions of this chapter, as may be
amended on or before January 1, 2015.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-13, § 2, 3-24-03; Ord. No. 60-11-16, § 1, 10-10-11)
Sec. 17-52. Requests to waive certain terms of this chapter.
Requests to waive terms of this chapter may be made upon specific application to the city
commission, with proper public notice required, provided that no waiver shall be requested
that would allow a prohibited sign, or any otherwise unlawful sign. The applicant requesting
such waiver shall have the burden of demonstrating the need for the requested waiver, and
that the waiver is not in conflict with the intent of this chapter. The terms of any waiver to the
provisions of this chapter shall be established by order of the city commission.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-53-17-60. Reserved.
ARTICLE V. SIGN PERMITS
Sec. 17-61. Permit required.
It shall be unlawful for any person to install, erect, place, alter or relocate any sign without
first obtaining a sign permit with payment of the required fee to the city. Sign permits shall be
required for any sign requiring a permit under the provisions of Section 3108.1.3, Florida
Building Code. A sign permit shall not be issued prior to issuance of the appropriate
occupational license as required for the activity on the property for which the sign permit is
sought, except as set forth in section 17-29(c) of this chapter.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-62. Application.
Before a sign permit shall be issued, a design and stress diagram containing necessary
information to enable the building official to determine compliance with the provisions of
Section 3108 of the Florida Building Code shall be submitted. Such information shall be
included as part of the sign permit application and shall be submitted to the City of Atlantic
Beach Building Department using a sign permit application as provided by the city. The
application for sign permit shall contain or have attached thereto the following information:
(1) The name, mailing address and telephone number of the applicant.
(2) If applicable, a copy of a valid and current occupational license for the property where
the sign shall be placed.
(3) In the case that the applicant is not the property owner, an owner's authorization to
apply for a sign permit.
Supp. No. 39 1012
SIGNS AND ADVERTISING STRUCTURES § 17-64
(4) A survey depicting the location of the requested sign(s) and the location of all
structures and access points on the property. An elevation drawing, with dimensions,
depicting the size, height, location and relation to other existing signs. Plans shall be
drawn at a legible scale, depicting materials to be used, method of construction,
attachment or installation as appropriate and type of illumination, if any.
(5) The name and contractor information of the person erecting or installing the sign.
(6) An electrical permit, if required.
(7) Registered engineer's drawings as may be required by Section 3108, Florida Building
Code.
(8) Such additional information as may be required by the building official to determine
compliance with this chapter, any other applicable laws and ordinances of the City of
Atlantic Beach and the requirements of Section 3108, Florida Building Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-63. Calculation of permitted sign size.
Sign face area, sign display area, width of sign and height of sign shall be calculated as
defined within article I of this chapter. In the case of freestanding, fascia and projecting signs,
the sign face area shall be used in calculating the permitted size of sign. In the case of
marquee, canopy or awning signs, the sign display area shall be used in calculating the
permitted size of the sign.
When computing sign face area and sign display area, only one (1) side of a sign containing
two (2) sides shall be included in the calculation of the permitted sign size.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-64. Fees.
Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and
required fees shall also be required for signs with electrical components.)
(1) Thirty-two (32) square feet or less of sign display area or sign face area, as appropriate:
Thirty dollars ($30.00).
(2) Larger than thirty-two (32) square feet: An additional ten dollars ($10.00) for each
square foot exceeding thirty-two (32) square feet of sign display area or sign face area,
as appropriate.
(3) Freestanding signs constructed in accordance with the provisions of section 24-171(d),
commercial corridor development standards: Freestanding signs constructed of a solid
material such as wood, masonry or high-density urethane, and externally -illuminated
in a manner that washes the sign in indirect light from a fluorescent ground source
shall be entitled to a fifty (50) percent reduction in sign permit fees.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-14, 7-14-03)
[The next page is 1055]
Supp. No. 39 1013
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-7
Sec. 19-6. Traffic calming devices.
The city commission shall take no action on the installation of any traffic calming devices,
such as speed bumps or stop signs, unless:
(1) The police department, or such other person as directed by the director of public safety,
has conducted proper research and declared the area where such devices are requested
to be installed a "traffic safety hazard area"; and
(2) The installation of such devices is expected to correct the situation in said area.
(Ord. No. 75-03-15, § 1, 6-9-03)
Editor's note—Ord. No. 75-03-15, § 1, adopted June 9, 2003, enacted provisions intended
for use as § 19-5. As § 19-5 was already in use at the time of codification, these provisions have
been codified herein as a new § 19-6.
Sec. 19-7. Construction of driveways in rights-of-way.
The construction of a new driveway in the city's right-of-way, or the modification of an
existing driveway in a right-of-way, shall require a construction permit within city rights-of-
way and easements. Said permit shall be issued subject to the following requirements:
(a) The proposed driveway shall not create more than fifty (50) percent impervious area
within the right-of-way.
(b) Any permit issued shall be a revocable encroachment permit if any nonstandard
driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required
to do any utility or other work or repairs in a right-of-way which damages such
nonstandard materials, the homeowner shall be responsible for repairs necessary to
the materials.
(c) Any construction within the city's rights-of-way shall not adversely affect or restrict
public parking in the rights-of-way.
(d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through)
streets listed in city Code subsection 21-17(h).
(e) Any improvements in the city's rights-of-way that are not part of a driveway or
sidewalk shall be constructed of turf block or other pervious material.
(f) Maximum driveway width at the property line and through the right-of-way shall be
twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet,
and circular drives shall only be permitted on lots having at least one hundred -foot
frontage.
(g) Maximum driveway width at the property line and through the right-of-way for
duplexes on a fifty -foot lot shall be a combined width for both driveways of twenty-four
(24) feet.
Supp. No. 39 1113
§ 19-7 ATLANTIC BEACH CODE
(h) Driveways that cross sidewalks. City sidewalks may not be replaced with other
materials, but must be replaced with smooth concrete left natural in color so that it
matches the existing and adjoining sidewalks
(Ord. No. 65-05-34, § 1, 8-8-05)
Sec. 19-8. Utility rights-of-way.
(a) Short title. This section shall be known and may be cited as the "city utility rights-of-
way ordinance."
(b) Intent and purpose. It is the intent and purpose of the city to promote the public health,
safety, and general welfare by: providing for the placement or maintenance of utility facilities,
including communications facilities, in the public rights-of-way within the city; adopting and
administering reasonable rules, regulations, and policies not inconsistent with federal and
state laws including F.S. § 337.401, (2000), as amended, the city's home -rule authority, and in
accordance with the provisions of the Federal Telecommunications Act of 1996 and other
federal and state laws; establishing reasonable rules, regulations, and policies necessary to
manage the placement or maintenance of utility facilities in the public rights-of-way by all
utility service companies and providers; and minimizing disruption to the public rights-of-way.
(c) Definitions. For purposes of this section, the following terms, phrases, words, and their
derivations shall have the meanings given. Where not inconsistent with the context, words
used in the present tense include the future tense, words in the plural number include the
singular number, and words in the singular number include the plural number. The words
"shall" and "will" are mandatory, and the word "may" is permissive. Words not otherwise
defined shall be construed to mean the common and ordinary meaning.
Abandonment shall mean the permanent cessation of all uses of a utility facility: provided
however, that this term shall not include cessation of all use of a facility within a physical
structure where the physical structure continues to be used. By way of example, and not
limitation, cessation of all use of a cable within a conduit, where the conduit continues to be
used, shall not be abandonment of a facility in public rights-of-way.
City shall mean Atlantic Beach, Florida.
Communications facility or facility or system shall mean any permanent or temporary plant,
equipment, and property including, but not limited to cables, wires, conduits, ducts, fiber
optics, poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface
location markers, appurtenances, and other equipment or pathway placed or maintained, or to
be placed or maintained, in the public rights-of-way of the city and used, or capable of being
used, to transmit, convey, route, receive, distribute, provide, or offer communications services.
Communications services shall mean the transmission, conveyance, or routing of voice, data,
audio, video, or any other information and signals to a point, between points, or among points
by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or
method now in existence or hereafter devised, regardless of the protocol used for such
communication, transmission, or conveyance. Notwithstanding the foregoing, for purposes of
Supp. No. 39 1114
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8
this section "cable service," as defined in F.S. § 202.11(2), (2000), as amended, is not included
in the definition of "communications services," and cable service providers shall be subject to
ordinances of the city.
Facility shall mean any noncity-owned permanent or temporary plant, equipment and
property, including but not limited to gas, electric, communications, water, sewer and other
types of facilities, cables or conduit, ducts, fiber optics, poles, antennae, converters, splice
boxes, cabinets, hand holes, manholes, vaults, surface location markers, appurtenances, and
other equipment, construction, or pathway placed or maintained or to be placed or maintained
in rights-of-way of the city.
FCC shall mean the Federal Communications Commission.
In public rights-of-way or in the public rights-of-way shall mean in, on, through, over, under,
or across the public rights-of-way.
Ordinance shall mean the ordinance [from which this section derives].
Person shall include any individual, children, firm, association, joint venture, partnership,
estate, trust, business trust, syndicate, fiduciary, corporation, organization, or legal entity of
any kind, successor, assignee, transferee, personal representative, and all other groups or
combinations.
Place or maintain or placement or maintenance or placing or maintaining shall mean to
erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or
relocate. A utility services company or provider that owns or exercises physical control over
communications facilities in public rights-of-way, shall be considered as "placing or maintain-
ing" the facilities. A person providing communication service only through resale or only
through use of a third party's unbundled network elements is not "placing or maintaining" the
communications facilities through which such service is provided.
Public rights-of-way shall mean a dedicated public right-of-way, highway, roadway, street,
bridge, tunnel, or alley for which the city has authority, jurisdiction, control, and may lawfully
grant access pursuant to applicable law and includes the surface, the air space above the
surface, and the area below the surface. Public rights-of-way shall not include private property.
Public rights-of-way shall not include any real or personal property of the city, except as
described herein and shall not include the city's parks or other non- rights-of-way open spaces,
buildings, fixtures, poles, conduits, facilities, structures, appurtenances, or improvements
regardless of whether they are situated within or without the public rights-of-way. Public
rights-of-way shall not include existing and future private easements, private rights-of-way,
leases, contracts, or agreements between the city and any other party or entity.
Registrant shall mean a utility services company and provider registered with the city in
accordance with the provisions of this section.
Registration or register shall mean the process described in this section whereby a utility
services company and provider performs certain duties and provides certain information to the
city.
Supp. No. 39 1115
§ 19-8 ATLANTIC BEACH CODE
Utility services company and provider shall mean any person, including a city or state,
providing utility services through the placement or maintenance of any facilities in public
rights-of-way. "Utility services company and provider" shall also include any person, including
a city or state, that places or maintains facilities in public rights-of-way, but does not provide
public utility services. "Utility services company and provider" shall also include any
contractors and subcontractors of any person, including a city or state.
(d) Registration.
(1) A utility services company or provider that desires to place or maintain a facility in
public rights-of-way in the city shall first register with the city in accordance with this
article. Subject to the terms and conditions prescribed in this section, a registrant may
place and maintain facilities in public rights-of-way. A company or provider already
covered by an existing franchise agreement with the city shall also be required to
register hereunder.
(2) The act of registration shall not convey any title, equitable or legal, to the registrant
in the city's public rights-of-way. Registration under this article embodies only the
placement or maintenance of facilities in public rights-of-way. Registration does not
excuse a utility services company or provider from obtaining appropriate and required
access or pole attachment agreements before locating facilities on the city's facilities or
another person's facilities. Registration does not excuse a utility services company or
provider from complying with all applicable city ordinances, codes, or regulations
including this section or payment of all applicable franchise fees or taxes.
(3) Each utility services company or provider that desires to place or maintain a facility in
public rights-of-way in the city shall file a registration with the city which shall include
the following ing infor imation:
a. Name of the applicant;
b. Name, address, email address, and telephone number of the applicant's primary
contact person in connection with the registration, and the name, address, email
address, and telephone number of the person to contact in case of an emergency;
c. Evidence of the insurance coverage required under this section and acknowledg-
ment that applicant has received and reviewed a copy of this section; however, the
acknowledgment of the receipt of this section shall not be deemed an agreement;
d. The applicant's certificate of authorization or license number to provide utility
services issued by the state public service commission, the Federal Communica-
tions Commission, or other federal or state authority, if any, having jurisdiction;
and
e. For an applicant that does not provide a state public service commission
certificate of authorization number, if the applicant is a corporation, proof of
authority to conduct business in the state. A certificate number from, or filing
with, the Florida Department of State will be acceptable.
Supp. No. 39 1116
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8
(4) The city shall review the information submitted by the applicant. Such review shall be
conducted by the city manager or the city manager's designee. If the applicant submits
information in accordance with this article, the registration shall be effective and the
city shall notify the applicant in writing of the effectiveness of the registration. If the
city determines that the information has not been submitted in accordance with this
article, the city shall notify the applicant in writing of the non -effectiveness of the
registration, and reasons for the non -effectiveness. The city shall notify an applicant
within thirty (30) calendar days after receipt of the registration information from the
applicant. Noneffectiveness of registration shall not preclude an applicant from filing
subsequent applications for registration.
(5) A registrant may cancel a registration upon written notice to the city stating that
registrant will no longer place or maintain any facilities in public rights-of-way within
the city and registrant will no longer require permits to perform work in public
rights-of-way. A registrant shall not cancel a registration if the registrant continues to
place or maintain any facilities in public rights-of-way.
(6) Registration does not establish a right or provide authority to place and maintain or
establish priority for the future placement or maintenance of facilities in public
rights-of-way within the city, but shall establish for the registrant, a right to apply for
a permit from the city. Registrations are expressly subject to any future amendment to
or replacement of this article and further subject to any new or existing city laws, as
well as any new or existing federal or state laws, rules, and regulations which may be
enacted or which have been enacted.
(7) A registrant shall renew its registration with the city by the first day of April of
even -numbered years in accordance with the registration requirements in this section,
except that a registrant that initially registers during the even numbered year when
renewal would be due or the odd numbered year immediately preceding such even
numbered year shall not be required to renew until the next even numbered year.
Within thirty (30) calendar days of any change in the information required herein; a
registrant shall provide updated information to the city. If the information in the
then -existing registration has not changed, the renewal may provide that no informa-
tion has changed. Failure to renew a registration may result in the city restricting the
issuance of additional permits until the utility services company or provider has
complied with the registration requirements of this article.
(8) In accordance with applicable city ordinances, codes, regulations, or policies a permit
shall be required of a utility services company or provider that desires to place or
maintain a facility in public rights-of-way. An acceptable and approved registration
shall be a condition precedent to requesting and obtaining a permit. Notwithstanding
an acceptable and approved registration, permitting requirements shall apply; how-
ever, at the discretion of the city manager or his/her designee, a blanket permit may be
approved for routine maintenance as specified in such blanket permit or may be
waived for minor types of routine maintenance. If such optional blanket permit or
Supp. No. 39 1117
§ 19-8 ATLANTIC BEACH CODE
waiver results in practices by a registrant that violate the intent of this section to
provide restoration in a timely, appropriate manner, the blanket permit or waiver may
be rescinded. A permit may be obtained by a registrant having an acceptable and
approved registration if all permitting requirements are met.
(e) Notice of transfer, sale or assignment of assets. If a registrant transfers, sells, or assigns
the assets located in public rights-of-way or incident to a transfer, sale, or assignment of the
registrant's assets the transferee, the buyer, or the assignee shall be fully obligated to comply
with the terms of this section and any franchise agreement that may be in place. Written notice
of any such transfer, sale, or assignment shall be provided by such registrant to the city within
twenty (20) calendar days after the effective date of the transfer, sale, or assignment. If the
transferee, buyer, or assignee is a current registrant then the transferee, buyer, or assignee
may not be required to re -register. If the transferee, buyer, or assignee is not a current
registrant, then the transferee, buyer, or assignee shall register as provided herein within
thirty (30) calendar days of the transfer, sale, or assignment. If permit applications are
pending in the registrant's name the transferee, buyer, or assignee shall notify the city that the
transferee, buyer, or assignee is the new applicant.
(f) Placement or maintenance of facilities.
(1) A registrant shall, at all times, comply with and abide by all applicable provisions of
federal and state laws, regulations, rules and the city ordinances, codes, regulations,
and policies in placing and maintaining facilities in public rights-of-way.
(2) A registrant shall not commence to place or maintain facilities in public rights-of-way
until all applicable permits, if any, have been issued by the city and other appropriate
authorities. Registrant acknowledges and accepts that, as a condition of granting any
permits, the city may impose reasonable rules, regulations, and policies governing the
location, placement, and maintenance of facilities in public rights-of-way. A permit will
not be required for restoration of interrupted service to an existing customer.
Registrant will inform the public works department as soon as possible, not to
interfere with restoration. If roadway or sidewalk cuts are required, public works must
be informed not later than the beginning of the next business day, or at the end of
restoration following a major storm event.
(3) If a registrant chooses to use a sub -contractor as permitting agent, any application
submitted by the agent must include contact information for the registrant supervisor
in charge.
(4) As part of the permit application to place a new or replace or maintain an existing
facility in public rights-of-way, the registrant shall provide not less than the following:
a. A description of the location of the proposed facilities including a narrative
description and a scaled pictorial drawing of the facilities to be installed, where
the facilities are to be located, and the size of facilities to be located in public
rights-of-way; and
Supp. No. 39 1118
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8
b. A description of the construction methods or techniques which will be used to
install the facilities; and
c. A maintenance plan for disruption of traffic; and
d. A statement concerning the ability of the public rights-of-way to accommodate the
proposed facility; and
e. An estimate of the cost of and schedule for the restoration to the public
rights-of-way; and
f. A timetable for project construction and each phase thereof, and the areas within
the city which will be affected; and
If installation will be conducted using horizontal directional drilling or trenchless
technology other than pipe lining, procedures to ensure existing underground
utilities are not damaged by construction (such as JEA Water and Sewer
Standards Section 750 Section 1.9.2) must be approved by the public works
director. Standard procedures previously approved by the public works director
may be referenced rather than included with the application.
h. Such additional information as the city finds necessary with respect to the
placement or maintenance of the facility that is the subject of the permit
application.
(5) To the extent not otherwise prohibited by federal or state laws, the city shall have the
power to prohibit or limit the placement of new or additional facilities within
particular areas of all public rights-of-way.
(6) All facilities shall be placed and maintained so as not to interfere with the use of the
public rights-of-way by the public and with the rights and convenience of property
owners who adjoin the public rights-of-way. The use of trenchless technology, joint
trenching, and co -locating of facilities in existing conduit in the public rights-of-way is
strongly encouraged and shall be employed when feasible. In all cases where a road
has been resurfaced within the past five (5) years, installation of new facilities or
repair of existing facilities shall be done without cutting the paved road surface, unless
otherwise specifically approved by the public works director. Protection of existing
trees shall be a requirement for all new facilities and repair of existing facilities. The
city manager or the city manager's designee may promulgate rules, regulations, and
policies concerning the placement and maintenance of facilities in public rights-of-way
consistent with this article and other applicable federal and state laws.
(7) All safety practices required by applicable municipal, state, and federal laws or
accepted industry practices and standards, shall be used during the placement or
maintenance of facilities in public rights-of-way.
(8) After the completion of any placement or maintenance of a utility facility in public
rights-of-way or each phase thereof, the registrant shall at the registrant's expense,
restore the public rights-of-way to the original condition, or superior to the original
condition, which existed before such placement or maintenance. If the registrant fails
g.
Supp. No. 39 1119
§ 19-8 ATLANTIC BEACH CODE
to complete the restoration within thirty (30) calendar days, following the completion
of such placement or maintenance, the city may perform the restoration and charge the
total costs of the restoration to the registrant in accordance with F.S. § 337.402, (2000),
as amended. For twelve (12) calendar months following the original completion date of
the work, the registrant shall guarantee the restoration work and shall correct, at the
registrant's expense, any restoration work which does not satisfy the requirements of
the city, with the exception of guaranteeing landscaping. A registrant shall provide for
restoration using city standard materials and will not replace specialty items such as
pavers or other hardscaping that may have been installed by an adjacent property
owner. If specialty items will be impacted by work, registrant shall insure care is taken
to minimize impact. For installations or maintenance which impact public use of the
right-of-way in any fashion, repairs shall be expedited. Full access shall be restored
within two (2) working days, unless specifically allowed additional time by the public
works director, or his/her designee.
(9) Where placement of new facilities includes installation of significant equipment
cabinets or junction boxes, the public works director, at his option, may require
installation of a landscape buffer. Plants for this buffer, if required, shall be consistent
with adjacent landscaping and shall use plants meeting the Florida Friendly standard
and will be approved by the public works director.
(10) Removal or relocation, at the direction of the city of a registrant's existing facility in
public rights-of-way, shall be governed by the provisions of F.S. § 337.403 and § 337.404
(2000), as amended. A failure to remove or relocate facilities as directed which results
in a construction delay in an ongoing city project, will result in the utility owner paying
any delay costs assessed to the city by the contractor, provided the notification
requirements of F.S. § 337.403(2) have been met. Registrants shall respond to utility
coordination requests from the city or consultant under contract to the city fully and
in a timely manner, generally within two (2) weeks of request.
(11) An approved permit from the city shall constitute authorization to undertake only
certain activities in public rights-of-way in accordance with this article, and the permit
does not create a property right or grant authority to impinge upon the rights of others
who have an interest in the public rights-of-way.
(12) A registrant shall maintain its facility in public rights-of-way in a manner consistent
with accepted industry practice and applicable law.
(13) In connection with excavation in the public rights-of-way, a registrant shall where
applicable, comply with the Underground Facility Damage Prevention and Safety Act
set forth in F.S. Ch. 556, (2000), as amended.
(14) A registrant shall use and exercise due caution, care, and skill in performing work in
the public rights-of-way and shall take all reasonable and necessary steps to safeguard
the entire work area and the general public. Locate flags or other temporary markers,
other than paint, used to mark existing facilities in the right-of-way, whether placed by
the utility doing the work or by a central contractor, shall be removed by the utility
Supp. No. 39 1120
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8
requesting the locates when work requiring the marking is completed or when
marking is no longer valid, as defined in F.S. § 556.107(3) (i.e., after thirty (30) days).
(15) Upon request of the city, and as notified by the city of the other work, construction,
installation, or repairs, a registrant may be required to coordinate all placement and
all maintenance activities with any other work, construction, installation, or repairs
which may be occurring, or scheduled to occur, in public rights-of-way. A registrant
may be required to alter an installation and maintenance schedule to minimize
disruptions and disturbance in the public rights-of-way.
(16) A registrant shall not place or maintain facilities which interfere with, displace,
damage, or destroy other facilities including, but not limited to, sewer mains, gas
mains, water mains, electric facilities, stormwater drains, pipes, cables, conduits, and
all other facilities occupying the public rights-of-way.
(17) The city makes no expressed or implied warranties or representations regarding the
fitness, suitability, or availability of the city public rights-of-way for the registrant's
facilities and any performance of work, costs incurred, or services provided by
registrant shall be at registrant's exclusive risk. Nothing in this article shall affect the
city authority to add, increase, vacate, or abandon public rights-of-way, and the city
makes no expressed or implied warranties or representations regarding the availabil-
ity of any added, increased, vacated, or abandoned public rights-of-way for facilities.
(18) The city shall have the right and authority to make any inspections, at any time, of
facilities placed or maintained in public rights-of-way as the city determines necessary
to ensure compliance with this article. Additionally, the city shall have the right and
authority to require utilities to repair or replace damaged surface mounted facilities
such as junction boxes or pull terminals. Such requirement will be communicated to
the appropriate utility by the public works director.
(19) A permit application to place a new or maintain an existing facility in public
rights-of-way shall include plan and profile drawings which show the actual location of
the facilities in the public rights-of-way. If the drawings require revision based upon
actual installation, the registrant shall promptly provide the revised as -built drawings
to the city. The drawings shall be in a hard copy format and an electronic format
specified by the city. All such drawings, data and information shall be provided at no
cost to the city.
(20) The city reserves, without limitation, the exclusive right to place, maintain, and
permit to be placed or maintained, all sewer, gas, water, electric, stormwater drainage,
communications, all other types of facilities, cables, or conduits and to do, and to
permit to be done, any underground and overhead installations or improvements
which may be deemed necessary or proper by the city in public rights-of-way that may
be occupied by a registrant. The city further reserves, without limitation, the exclusive
right to alter, change, or cause to be altered or changed the grading, installation,
relocation, or width of the public rights-of-way within the limits of the city and within
said limits as the limits may, from time to time, be altered.
Supp. No. 39 1121
§ 19-8 ATLANTIC BEACH CODE
(21) A registrant shall, upon request of any person holding a permit issued by the city,
temporarily adjust any facilities to allow for work authorized by other permits. The
expense of such temporary adjustments of facilities shall be paid by the person
requesting the adjustment and the registrant shall have the right to request such
payment of expense in advance. If the city requests temporary or permanent adjust-
ments of a registrant's existing or proposed facilities to allow for work to be done by the
city, its contractors, or its agents, however, all expenses and costs related to the
adjustments of the registrant's temporary or permanent facilities, shall be the
responsibility of and shall be paid by the registrant. The registrant shall be given not
less than thirty (30) calendar days advance written notice to such temporary or
permanent adjustments.
(g) Suspension of permits. The city shall have the exclusive authority to suspend or revoke
a permit for any work in the public rights-of-way for due cause and for one (1) or more of the
following reasons:
(1) Violation of permit conditions including any conditions set forth in the permit, this
section, or other applicable city ordinances, codes, policies, rules or regulations
governing placement or maintenance of facilities in public rights-of-way; and
(2) Misrepresentation or fraud by registrant in a registration or permit application to the
city; or
(3) Failure to properly renew a registration or ineffectiveness of a registration; or
(4)
Failure to relocate or remove facilities as required by the city. The city manager or the
city manager's designee may provide a notice and the opportunity for a registrant to
cure any violation nr f»ilm'e described herein.
(h) Involuntary termination of registration.
(1) The city may terminate a registration for due cause, reason, and for one (1) or more of
the following:
a. Federal or state authority suspends, denies, or revokes a registrant's certification
or license to provide communication or utility services; or
b. The registrant's placement or maintenance of facilities in the public rights-of-way
presents a danger to the general public or other users of the public rights-of-way
and the registrant fails to remedy the danger promptly after receipt of notice; or
c. The registrant ceases to use all of the facilities in public rights-of-way or has not
complied with the requirements of this section.
(2) Prior to termination, the registrant shall be notified by the city manager or the city
manager's designee, by a written notice which sets forth all pertinent matters to the
proposed termination action and describing the intended action of the city. The
registrant shall have thirty (30) calendar days after the date of such notice to eliminate
Supp. No. 39 1122
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8
the reasons for the termination. In the event the registrant has not eliminated the
reasons for the notice of termination at the end of the thirty (30) calendar day period,
the termination shall be final.
(3) In the event of termination, a former registrant shall: (1) notify the city of any
anticipated assumption by another registrant of ownership of the terminated regis-
trant's facilities in public rights-of-way; and (2) provide the city with an acceptable
plan for disposition of its facilities in public rights-of-way. If a terminated registrant
fails to comply with this section, the city may exercise any remedies or rights it has at
law or in equity including, but not limited to, taking possession of the facilities when
another person has not assumed ownership or physical control of the facilities or
requiring the registrant, within ninety (90) calendar days of the termination or such
period as may be agreed to by the registrant, to remove part or all of the facilities from
the public rights-of-way and restore the public rights-of-way to the original condition.
All expenses incurred by the city or its agents to remove part or all of the facilities and
to restore the public rights-of-way to the original condition shall be paid by the
registrant.
(4) A terminated registrant shall take all steps necessary to render safe every portion of
the facilities remaining in the public rights-of-way of the city.
(5) In the event of termination of a registration, this section does not authorize the city to
remove or cause the removal of facilities used to provide another service for which the
registrant or another person who owns or exercises physical control over the facilities
holds a valid certification or license with the governing federal or state agency, if
required for provision of such service, and is also registered with and holds a valid
permit issued by the city.
(i) Existing facilities in public rights-of-way. A utility services company or provider with an
existing facility in the public rights-of-way of the city shall have ninety (90) calendar days from
the effective date of this section to comply with the terms of this section including, but not
limited to registration, or shall be in violation of this section.
(j) Insurance.
(1) A registrant shall provide, pay for, and maintain satisfactory to the city, not less than
the types and coverage limits of insurance described herein. All insurance shall be
from and issued by responsible companies duly authorized to conduct business in the
state and having a rating acceptable to the city. All liability policies shall provide that
the city is an additional insured as to the activities under this section. The required
coverages must be evidenced by properly executed certificates of insurance forms. The
certificates must be signed by the authorized representative of the insurance company
and shall be filed and maintained annually with the city. Thirty (30) calendar days
advance written notice by certified mail or facsimile, as determined by the city, must
be given to the city of any cancellation, intent of cancellation, intent not to renew, or
Supp. No. 39 1123
§ 19-8 ATLANTIC BEACH CODE
reduction in the types of policies or coverage limits. The insurance requirements may
be satisfied by evidence of self-insurance or other types of insurance acceptable to the
city as approved by the city manager.
(2) The types of coverage and limits of coverage of insurance required shall not be less
than the following:
a. Worker's compensation and employer's liability insurance.
Worker's compensation—Florida Statutory requirements.
Employer's liability.
One million dollar ($1,000,000.00) limit each accident.
One million dollar ($1,000,000.00) limit each employee.
b. Comprehensive general liability.
Bodily injury and property damage.
Two million dollar ($2,000,000.00) combined single limit each occurrence.
c. Automobile liability.
Bodily injury and property damage.
Two million dollar ($2,000,000.00) combined single limit each accident.
(k) Indemnification.
(1) A registrant shall, at the registrant's cost and expense indemnify, hold harmless, and
defend the city its officials, boards, members, agents, contractors, and employees
against any and all claims, suits, causes of action, proceedings, judgments for damages
or equitable relief, costs, and expenses incurred by the city arising out of the placement
or maintenance of utility systems or facilities in public rights-of-way, whether placed
by the registrant or a contractor or subcontractor to the registrant, regardless of
whether the act or omission is authorized, allowed, or prohibited by this section
provided, however, that a registrant's obligation hereunder shall not extend to any
claims caused by the negligence, wanton acts, or willful acts of the city. This provision
includes, but is not limited to, the city's reasonable attorneys' fees incurred in
defending against any such claim, suit, or proceedings. The city agrees to notify a
registrant in writing, within a reasonable period of time, of any issue the city
determines may require indemnification. Nothing in this section shall prohibit the city
from participating in the defense of any litigation by its own counsel and at its own
expense. Nothing contained in this section shall be construed or interpreted: (1) as
denying to any person or entity a remedy or defense available to such person or entity
under the laws of the state; or (2) as a waiver of sovereign immunity beyond the waiver
provided in F.S. § 768.28, (2000), as amended.
(2) The indemnification requirements shall survive and shall be in effect after a termi-
nation or cancellation of a registration.
Supp. No. 39 1124
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8
(1) Restoration bond.
(1) Prior to issuing a permit, when the work authorized by a permit will require
restoration of public rights-of-way, the city shall require a bond to secure the
restoration of the public rights-of-way. Notwithstanding the foregoing, a restoration
bond hereunder shall only be required to the extent that the cost of the restoration
exceeds the amount recoverable against the security account as provided herein. The
requirement for a restoration bond may be waived by the city manager if the applicant
for the permit provides sufficient evidence of its ability to pay, which may include
audited financial statements. The restoration bond shall be issued by a surety having
a triple-A rating or equivalent acceptable to the city; shall be subject to the approval
of the city manager or the city manager's designee; and shall provide that: "For twelve
(12) calendar months after issuance of the bond, the bond shall not be canceled, or
allowed to lapse until sixty (60) calendar days after receipt of written notice by the city,
by certified mail, return receipt requested, from the issuer of the bond of the issuer's
intent to cancel or to not renew the bond."
(2) The rights reserved by the city with respect to any restoration bond established
pursuant to this section are in addition to all other rights and remedies the city may
have under this section, under other ordinances, at law, or at equity.
(3) The rights reserved by the city under this section are in addition to all other rights of
the city, whether reserved in this section, or authorized by law and no action,
proceeding, or exercise of a right with respect to the restoration bond shall affect any
other rights of the city.
(4) This section will not apply to routine maintenance and repair of services for existing
customers associated with a utility service company's typical, day-to-day operations.
(m) Security account. At or prior to the time a registrant receives the initial permit to place
or maintain facilities in public rights-of-way after the effective date of this section, the
registrant shall, at the sole discretion of the city, be required to file with the city, for the city
approval, an annual bond, cash deposit, or irrevocable letter of credit in the sum of fifty
thousand dollars ($50,000.00) having as a surety a company qualified to do business in the
state, and shall be referred to as the "security account." the requirement for a security account
may be waived by the city manager if the registrant provides sufficient evidence of its ability
to pay, which may include audited financial statements. The security account shall be
maintained from such time through the: (a) transfer, sale, assignment, or removal of all
facilities in the public rights-of-way; or (b) twelve (12) calendar months after the termination
or cancellation of any registration. The security account shall be conditioned upon the full and
faithful performance by the registrant of all requirements, duties, and obligations imposed
upon registrant by the provisions of this section and other ordinances, as amended. The
security account shall be furnished annually or as frequently as necessary to provide a
continuing guarantee of the registrant's full and faithful performance at all times. In the event
a registrant fails to perform the duties and obligations imposed upon the registrant by the
provisions of this section, there shall be recoverable, jointly and severally from the principal
Supp. No. 39 1125
§ 19-8 ATLANTIC BEACH CODE
and surety of the security account, any damages or loss suffered by the city as a result,
including the full amount of any compensation, indemnification, cost of removal, relocation, or
abandonment of any facilities of the registrant in public rights-of-way, including a reasonable
allowance for attorneys' fees, up to the full amount of the security account. The city shall not
pay registrants interest on any monies held by the city in a registrant's security account. This
section will not apply to routine maintenance and repair of services for existing customers
associated with a utility service company's typical, day-to-day operations.
(n) Enforcement remedies.
(1) A registrant's failure to comply with provisions of this section shall constitute a
violation of this section and shall subject the registrant to the code enforcement
provisions and procedures as provided in F.S. Ch. 162, (2000) and F.S. § 166.0415,
(2000), as amended. In addition, violation of this section may be punishable as
provided in F.S. § 162.22, as amended and as provided in the city ordinances.
(2) Failure of the city to enforce any requirements of this section shall not constitute a
waiver of the city right to enforce the violation or subsequent violations of the same
type or to seek appropriate enforcement remedies.
(o) Abandonment.
(1) Upon anticipated abandonment or the abandonment of facilities owned by a registrant
in public rights-of-way, the registrant shall notify the city within thirty (30) calendar
days of the anticipated abandonment or the abandonment.
(2) The city may, at its sole discretion, direct the registrant by written notiro to remove all
or any portion of such abandoned facility at the registrant's expense if the city
determines that the presence of the abandoned facility interferes with the public
health, safety, or welfare which shall include, but shall not be limited to, a determi-
nation that such facility: (1) compromises safety at any time for any public rights-of-
way user or during construction or maintenance in public rights-of-way; (2) interferes
with or prevents the city or another person from locating facilities in the area of public
rights-of-way, including the potential to impact future construction or maintenance; or
(3) creates a maintenance condition which is disruptive to the intended use of the
public rights-of-way.
(3) In the event the city does not direct the removal of the abandoned facility, the
registrant by notice of abandonment to the city, shall be deemed to consent to the
alteration or removal of all or any portion of the facility by the city or by another
person.
(4) If the registrant fails to remove all or any portion of an abandoned facility as directed
by the city within a time period as required by the city, the city, or its agents, may
perform such removal and charge the entire cost of the removal to the registrant.
Supp. No. 39 1126
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8
(p) Force majeure. In the event a registrant's performance of or compliance with any of the
provisions of this section is prevented by a cause or event not within the registrant's control,
such inability to perform or comply shall be deemed excused and no penalties or sanctions
shall be imposed as a result provided, however, that such registrant has used all available
means to expeditiously cure or correct any such inability to perform or comply. For purposes
of this article, causes or events not within a registrant's control shall include, without
limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires, natural disasters,
acts of public enemies, riots, civil disturbances, sabotage, strikes, and restraints imposed by
order of a governmental agency or court. Causes or events within registrant's control and
therefore, not within this section shall include, without limitation, registrant's financial
inability to perform or comply, economic hardship, misfeasance, malfeasance, and nonfeasance
by any of registrant's directors, officers, employees, contractors, or agents.
(q) Reservation of rights and remedies.
(1) The city reserves the right to amend this section, from time to time, as it shall find
necessary.
(2) This section shall be applicable to all utility facilities placed in public rights-of-way on
or after the effective date of this section and shall apply to all existing facilities in the
public rights-of-way prior to the effective date of this section, to the full extent
permitted by federal and state laws.
(3) The adoption of this section is not intended to affect or amend any rights or defenses
of the city or a utility services company or provider under any existing franchises,
licenses, or other agreements with a utility services company or provider.
(4) Nothing in the section shall affect the remedies the city or the registrant have
available under applicable federal and state laws.
(Ord. No. 65-11-37, § 1, 3-28-11)
[The next page is 1157]
Supp. No. 39 1127
UTILITIES § 22-335
(b) Multifamily property. Each residential unit of multifamily property shall be considered
as 0.6 ERU for billing purposes. Monthly utility fees for each ERU shall be established in
section 22-335 of this chapter.
(c) Non-residential Property. The monthly utility fee for all non-residential properties shall
be calculated in accordance with the following formula:
Impervious Area (Sq. Ft.)/1,790 = Number. of ERUs
Monthly Fee = (Number of ERUs) x (Rate per ERU)
A minimum value of one (1.0) ERU shall be assigns to each non-residential property. The
impervious area of each non-residential property shall be determined by the city manager or
designee. The value of one thousand seven hundred ninety (1,790) square feet of impervious
area per ERU is a median value obtained from data for Atlantic Beach. Monthly utility fees for
each ERU shall be established in section 22-335 of this chapter.
(Ord. No. 80-90-44, §§ 2.1-2.3, 4-22-91)
Sec. 22-335. Fees.
(a) ERU rate. The fee per ERU billing unit shall be six dollars and eighty-nine cents ($6.89)
per month.
(b) Capital improvement. At such time as a stormwater management master plan is
completed and capital improvement projects are identified, project expenditures will be
approved by the directors each budget year.
(c) Undeveloped property. Initial SMU fees shall not be levied against undeveloped property
that has not been altered from the natural state, as evidenced by a complete lack of impervious
surface as defined in this division. Farmland, gardens, and landscaped areas also shall be
exempt except for roads, parking, or structures associated therewith. Results of a stormwater
management master plan for Atlantic Beach when completed, can be used to adjust the
exemption for undeveloped property, when specific benefits to undeveloped property are
possible to quantify.
(d) Credit factors. Property owners who have provided stormwater management facilities in
excess of the requirements of the Atlantic Beach land development code, and that are
consistent with the stormwater management master plan, when completed, may request a
reduction in the SMU fee. Determination of the credit to be allowed shall be made by the city
manager or designee. The credit shall apply only to the portion of the fee above that required
to cover common fixed costs of the SMU program.
(Ord. No. 8-90-44, §§ 3.1-3.4, 4-22-91; Ord. No. 80-02-65, § 2, 9-23-02; Ord. No. 80-08-77, § 2,
9-22-08; Ord. No. 80-11-81, § 2, 10-10-11)
Supp. No. 39 1307
§ 22-336 ATLANTIC BEACH CODE
Sec. 22-336. Enforcement and penalties.
Pursuant to state law, the City of Atlantic Beach shall have a lien for delinquent or unpaid
stormwater management service charges. Enforcement and foreclosure of said lien(s) shall be
as provided by law. Interest on the unpaid balance shall be the highest rate as authorized by
state law.
(Ord. No. 80-90-44, § 4.0, 4-22-91)
Sec. 22-337. Appeal process.
Any customer or property owner who feels that the SMU fee for their property has been
assigned or computed incorrectly may petition in writing to the city manager or designee for
a review of said charges.
If not satisfied with the determination of the city manager or designee, the petitioner may
ask for a hearing before the city board of adjustment whose decision shall be final.
(Ord. No. 80-90-44, § 5.0, 4-22-91)
Supp. No. 39 1308
[The next page is 1351]
CODE COMPARATIVE TABLE
Ordinance Adoption
Number Date
Section
Section
this Code
24-231-24-235,
24-251-24-284
Added 24-1-24-5,
24-16, 24-17,
24-31,
24-46-24-51,
24-61-24-69,
24-81-24-89,
24-101-24-114,
24-116---24-126,
24-151-24-157,
24-159-24-168,
24-171-24-174,
24-176, 24-177,
24-186-24-192,
24-201-24-204,
24-221,
24-231-24-235,
24-251-24-279
95-10-100 5-10-10 1 5-32
80-10-79 8-23-10 1 Rpld 22-39
Added 22-39
80-10-80 9-27-10 1 22-27
22-166
22-167
90-10-213 10-25-10 1(Exh. A) Added 24-178-24-181
57-10-23 11- 8-10 1 Added 13-162-13-170
05-10-52 11-22-10 1 2-146
05-10-53 11-22-10 1 2-42
95-10-102 1-10-11 1 Added 24-158
2 24-69
Added 24-69(d)
65-11-37 3-28-11 1 Added 19-8
95-11-103 7-25-11 1 Added 13-14
25-11-42 10-10-11 1 8-1-8-12,
8-21-8-25,
8-31-8-35
95-11-104 9-26-11 1 4-4
2 13-3, 13-8
60-11-16 10-10-11 1 17-51(5)
80-11-81 10-10-11 2 22-335(a)
5-12-54 1- 9-12 1 2-141-2-151
5-12-55 1- 9-12 1 2-16
60-12-17 1- 9-12 1(Exh. A) 17-29
[The next page is 20431
Supp. No. 39 2007
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 Div. 2(note)
13-201 Ch. 9(note) 7-27
23.011 Ch. 14(note) 20-54
Ch. 50 2-147 Ch. 162, Pt. 1 2-146
50.041 2-147 2-147
50.051 2-147 19-8
60.05 2-168 162.01ff. 13-169
2-169 162.02 2-146
Ch. 12(note) 162.05 2-141
62-340.300 24-271 2-142
Ch. 98 Char., § 38 162.05(4) 2-145
98.211 Char., § 53 162.06 2-147
100.361 Char., § 56 162.07 2-143
Ch. 101 Char., § 42 2-144
Char., § 43 2-147
Ch. 102 Char., § 43 162.08 2-148
Ch. 112 2-304 162.09 2-149
Ch. 112, Pt. III Char., § 66 162.10 2-150
112.061 Ch. 2, Art. VII, 162.11 2-151
Div. 3(note) 162.22 19-8
112.181(2) 2-279 Ch. 163 Char., § 59
2-310.8 14-1(a)
112.65 2-285 21-302(15)
112.311 Ch. 2, Art. II 24-17
(note) 24-47(e)
112.3173 2-297 163.3161 Ch. 14(note)
2-310.22 163.3161 et seq. Ch. 24(note)
Ch. 119 Char., § 65 163.3164 24-17
Ch. 2(note) 163.3174 14-22
125.68 16-32 163.3178 6-27
125.69 13-14 163.3184 24-5
Ch. 161 Ch. 5(note) 163.3184(15) 24-51
24-17 163.3194(1) 24-5
161.021 24-17 163.3194(1)(b) 24-17
161.041 6-20(b)(3) Ch. 166 Charter(note)
161.052 8-22 Char., § 4
161.053 6-20(b)(3) Char., § 57
6-21(e), (r) Char., § 59
8-31 8-1
Ch. 162 Ch. 2, Art. V, 21-302(9)
2-146 Ch. 166, Pt. II Char., § 45
Supp. No. 39 2053
F.S.
Section
166.031
166.041
166.101
166.201
166.231
166.241
166.0415
166.0425
166.0445
Ch. 170
Ch. 175
175.101
175.121
Ch. 177
Ch. 177, Pt. I
177.26
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
Supp. No. 39
ATLANTIC BEACH CODE
Section
this Code
Char., § 60
Char., § 79
Char., § 18
24-51
Ch. 2, Art. VII
(note)
Ch. 2, Art. VII
(note)
Ch. 20(note)
Ch. 20, Art. II
(note)
2-311
19-8
Ch. 17(note)
24-17
Ch. 19(note)
2-272
2-290
20-77
2-288
2-288
24-17
24-204(b)
24-188(a)
24-204(a)
24-271
6-210)
24-204(b)
24-204(b)
24-204(b)
24-203(a)
24-204(b)
24-258(b), (e)
24-192
Ch. 19(note)
2-290
2-300
2-303
2-304
2-309
2-310.1
2-310.4
2-310.17
2-310.29
2-301
2-303
2-310.16
20-76
2-310.6
2-288
2054
F.S.
Section
185.185
Ch. 192
193.116
196.075
Ch. 205
205.022
205.042
205.043(2)
205.043(3)
205.053
205.053(1)
205.063
205.196
Ch. 218
218.33
Ch. 252
Ch. 253
253.12
286.011
309.01
Ch. 316
316.008
316.008(1)(a)
316.195
316.1945
316.2045
Ch. 320
320.823
320.8249
320.8359
Ch. 327
327.02.222.17
335.075
337.402
337.403
337.403(2)
337.403(4)
337.403
337.404
Ch. 367
Section
this Code
2-310.22
Ch. 20(note)
Char., § 58
20-82
Char., § 58
Ch. 20, Art. III
(note)
20-51
20-52
20-57
20-57
20-54
20-53
20-58
20-59
Ch. 2, Art. VII
(note)
2-311
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
8-22
6-23
8-22
8-22
Ch. 5(note)
24-174(e)(3)
Ch. 19(note)
19-8
19-8
19-8
19-8
19-8
19-8
Ch. 22(note)
F.S.
Section
Ch. 369
Ch. 372
Ch. 373
373.036
373.0362(2)(a)
373.421
380.04
380.05
381.006
381.0065
381.031(1)(g)1
381.031(g)3
381.261
Ch. 386
402.311
403.0893
403.413
403.415
413.08
Ch. 469.
Ch. 479
479.11
Ch. 481, Pt. II
Ch. 489
Ch. 496
496.01
509.233
509.233(2)
Ch. 513
513.01
Ch. 514
Ch. 538, Pt. I
538.03(1)(a)
Ch. 552
Ch. 553
Ch. 553, Pt. IV
Ch. 553, Pt. VII
553.01
STATUTORY REFERENCE TABLE
Section
this Code
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
8-22
8-31
24-271
24-17
8-22
8-31
4-29
8-22
8-31
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
Ch. 12(note)
24-152(d)
21-302(9), (10)
5-4
16-7
Ch. 11(note)
Ch. 3, Art. II(note)
Ch. 6, Art. IV
(note)
Ch. 17(note)
20-59
17-42
24-177(b)
Ch. 6(note)
18-4(g)(6)
20-59
Ch. 18(note)
24-158
24-158
Ch. 10(note)
10-1
Ch. 6, Art. VI
(note)
21-61
21-60
Ch. 7(note)
2-146
Ch. 6(note)
6-21(p)
7-32
8-22
8-31
6-16
Ch. 6, Art. IV(note)
F.S. Section
Section this Code
553.15 Ch. 6, Art. III(note)
553.70 Ch. 6, Art. II(note)
553.73 7-25
Ch. 556 19-8
556.107(3) 19-8
Chs. 561-565 3-1
561.01 Ch. 3(note)
561.15 3-1
562.14(1) 3-2
562.45(2) 3-2
3-4
3-5
3-6
563.01 3-4
565.01 3-4
Ch. 569 13-14
590.12 Ch. 7(note)
Ch. 633 Ch. 7(note)
7-32
633.35 2-263
633.121 Ch. 7(note)
633.171 7-27
Ch. 650 Ch. 2, Art. VI,
Div. 2(note)
2-241
650.02 2-241
650.05 Ch. 2, Art. VI,
Div. 2(note)
674.105 13-12(a)(4)
Ch. 679, Pt. V 21-63
Ch. 705 Ch. 15,
Art. II(note)
21-24
705.16 Ch. 2,
Art. II(note)
Ch. 760 Ch. 9(note)
760.20 Ch. 9,
Art. II(note)
760.22 9-16
760.23 9-17
760.24 9-18
760.25 9-22
760.29 9-23
760.37 9-24
Ch. 767 Ch. 3,
Art. II(note)
4-26
767.12 4-12(1)
4-12(2)
4-12(3)
Supp. No. 39 2055
ATLANTIC BEACH CODE
F.S. Section
Section this Code
4-12(4)
768.28 2-1(b)(1)
19-8
775.082 4-12(1)
4-12(2)
4-12(3)
775.083 4-12(1)
4-12(2)
4-12(3)
775.084 4-12(3)
Ch. 790 15-22(g)(3)
790.15 13-3
Ch. 791 Ch. 7(note)
7-39
791.01(4)(b) 13-13
791.01(4)(c) 13-13
791.02(1) 13-13
796.07 2-167(a)
806.13 6-111
22-57
Ch. 812 13-162
812.019 2-167(a)
812.171 13-163
812.173 13-164
812.175 13-167
13-169
812.1725 13-164
Ch. 823 Ch. 12(note)
Ch. 828 4-5
828.2'7 4-30
847.001 17-2
847.001(2) 24-17
24-111(c)(11)
24-114(c)(2)
874.03 2-167(a)
876.05 Char., § 68
893 2-167(a)
893.03 13-4
13-5
893.138 2-161
893.147 13-5
932.701 Ch. 15,
Art. II(note)
943.13 2-262
943.14 2-262
2-301
943.22 2-262
2-301
943.25(8)(a) 15-1
Supp. No. 39 2056
[The next page is 2081]
CODE INDEX
Section
A
ABANDONMENT
Animals and fowl
Dangerous dogs 4-10
Abandoning animals 4-15
Beach access easements
Abandonment or vacation of prohibited 24-254(f)
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
ACCESSORY USES AND STRUCTURES
Zoning supplementary regulations 24-151
See: LAND DEVELOPMENT REGULATIONS
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
Supp. No. 39 2101
ATLANTIC BEACH CODE
Section
ALCOHOLIC BEVERAGES (Cont'd.)
Lighting requirements on premises 8-7
Persons not holding license to sell 3-3
Premises where retail sales for off -premise consumption are
permitted 3-4
Premises where sales for on -premise consumption are per-
mitted 3-5
Restrictions on location of establishments 3-6
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; trapping, hunting, molesting, etc., of
birds prohibited; exception 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
Certification of registration 4-11
Classification as dangerous 4-11
Confinement of animal 4-11
Exemption 4-11
Legislative findings 4-8
Neglect; restraint by chaining; animal bites 4-28
Supp. No. 39 2102
CODE INDEX
Section
ANIMALS AND FOWL (Cont'd.)
Dogs and cats (Cont'd.)
Dangerous dogs (Cont'd.)
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
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
Supp. No. 39 2103
ATLANTIC BEACH CODE
Section
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
ATTORNEY. See: CITY ATTORNEY
AUDITS
Uniform travel policy and procedure
Auditing of travel expense reports or vouchers
B
2-365
BAIL BONDS
Additional court costs assessed for police training
Forfeited bail bonds 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 ...................... 4-94-
Dogs
-?4Dogs 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
Supp. No. 39 2104
CODE INDEX
Section
BEACHES (Cont'd.)
Sailboats, catamarans, vessels (Cont'd.)
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
BEAUTIFICATION
Community development board
Duties of board re beautification of city
BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY-
EES
14-20(7)
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; trapping, hunting, molesting,
etc., of birds prohibited; exception
4-4
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
Zoning supplementary regulations
Damage to, destruction of environmentally sensitive areas 24-174(c)
Intent 24-174(a)
Live -aboard vessels prohibited 24-174(e)
Private property rights 24-174(0
Public docks and anchoring and mooring restrictions 24-174(d)
Unlawful to discharge 24-174(b)
BOND ISSUES
Certain ordinances saved from repeal 1-5
BONDS, BAIL
Additional court costs assessed for police training
Forfeited bail bonds 15-1
BONDS, BID
Purchasing procedure, bid deposits or bid bonds 2-333
Supp. No. 39 2105
ATLANTIC BEACH CODE
BOOKS
Obscene matter prohibited
Section
13-6
BUDGET
Certain ordinances saved from repeal 1-5
Director of finance's duties re 2-76
See also: FINANCES
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption 6-16
Amendments 6-17
Boathouses, docks and gazebos on docks 6-25
Construction site management 6-18
Nonhabitable major structures; residential dune crossover
structures 6-24
Property maintenance code
Adoption 6-120
Amendments 6-121
Schedule of building permit fees
Generally
Building and construction 6-26(a)(1)
Building permit refunds 6-26(a)(10)
Building permit renewal 6-26(a)(9)
Change of tenant 6-26(a)(8)
Demolition 6-26(a)(3)
Fence 6-26(a)(5)
Moving 6-26(a)(2)
Plan check 6-26(a)(4)
Reinspection 6-26(a)(6)
Sign erections 6-26(a)(7)
Plan review resubmittal fees
Fire alarm and signaling systems, each 6-26(b)(17)
For issuing each permit 6-26(b)(1)
Lighting outlets 6-26(b)(9)
Minimum fee 6-26(b)(18)
Multifamily per dwelling unit 6-26(b)(3)
Primary service 6-26(b)(10)
Reinspection 6-26(b)(21)
Repairs and miscellaneous 6-26(b)(20)
Signs 6-26(b)(7)
Smoke detectors wired into electrical system, excep-
tion 6-26(b)(16)
Swimming pools 6-26(b)(19)
Temporary services 6-26(b)(6)
Transformers 6-26(b)(11)
Wastewater system, building sewers and connections
Conformance with building code 22-106
Building official
Flood hazard districts, enforcement of provisions 8-11
Supp. No. 39 2106
CODE INDEX
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Building official (Cont'd.)
Numbering of buildings
Duties of official 6-108
Building permits
Fire prevention and life safety 7-32
Building sewers and connections 22-101 et seq.
See: WASTEWATER SYSTEM
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Electrical code 6-31 et seq.
See: ELECTRICAL CODE
Fire prevention and protection 7-1 et seq.
See: FIRE PREVENTION AND PROTECTION
Flood hazard districts 8-1 et seq.
See: FLOOD HAZARD DISTRICTS
Land development regulations 24-1 et seq.
See: LAND DEVELOPMENT REGULATIONS
Loitering, sleeping, etc., in public buildings 13-2
Loud and raucous noises 11-2
Mechanical inspections 6-77
Nuisances. See also that subject
Abandoned building rubbish, material, etc 12-1(b)(7)
Permitting buildings to become dangerous, unsafe, etc12-1(b)(8)
Structurally unsound structures, etc. 12-1(b)(6)
Numbering of buildings
Attachment of numbers to buildings 6-107
Building official
Duties 6-108
Removing or defacing 6-111
Required 6-106
Street numbering districts designated 6-109
System of number 6-110
Permits. See herein: Building Permits
Plumbing code 6-56 et seq.
See: PLUMBING CODE
Property maintenance code
Adoption 6-120
Amendments 6-121
Signs placed on public buildings and structures and within
public parks 17-32
Wastewater system
Sewer system extensions, construction 22-192, 22-195
Water service
Temporary service for construction work 22-17
BURNING, OPEN
Fire prevention and life safety 7-36
Supp. No. 39 2107
ATLANTIC BEACH CODE
Section
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
Land development regulations
Concurrency management system
Projeetc not regniring a concurrency certificate, 24 27 V
Subdivision and site improvement regulations
Issuance of certificate of completion 24-235
CESSPOOLS
Constructing
22-73
CHARITABLE CONTRIBUTIONS
City funds use for prohibited 2-2
CHARITABLE SOLICITATIONS. See: SOLICITORS, PED-
DLERS, ETC.
CHARTER
Defined 1-2
CHICKENS. See also: ANIMALS AND FOWL
Keeping chickens or poultry 4-7
CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT
CHIEF OF POLICE. See: POLICE DEPARTMENT
CHILDREN. See: MINORS
Supp. No. 39 2108
CODE INDEX
Section
CHURCHES
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
Zoning supplementary regulations 24-153
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 1-2
CLOTHING
Beaches. See also that subject
Undressing or changing clothes
COCAINE. See: DRUGS
CODE ENFORCEMENT BOARD
Administrative fines 2-149
Appeals 2-151
City attorney
Counsel to board, etc. 2-145
Clerical and administrative personnel 2-144
Compensation of members 2-141
Contestes 2-149
Created, composition 2-141
Hearings 2-147
Minutes of hearings 2-144
Supp. No. 39 2109
ATLANTIC BEACH CODE
Section
CODE ENFORCEMENT BOARD (Cont'd.)
Hearings (Cont'd.)
Power of board re hearings 2-148
Jurisdiction 2-146
Liens 2-149
Duration of lien 2-150
Meetings 2-143
Power of board to adopt rules for conduct of meetings 2-148
Membership 2-141
Minutes of hearings 2-144
Money judgments 2-149
Officers, election of 2-143
Powers 2-148
Procedure; enforcement and hearings 2-147
Quorum 2-143
Removal, filing vacancies 2-142
Repairs, cost of 2-149
Terms of members 2-141
Vacancies, filling 2-142
CODE OF ORDINANCES*
Amendments to code 1-9
Certain ordinances saved from repeal 1-5
Definitions and rules of construction 1-2
Effect of code on prior acts or rights 1-6
Effect of repeal of ordinances 1-7
General penalty; continuing violations 1-11
Headings and catchlines 1-3
History notes and references 1-4
How code designated and cited 1-1
Repeal
Certain ordinances saved from repeal 1-5
Effect of repeal 1-7
Severability of parts of code 1-8
Supplementation of code 1-10
Violations
General penalty; continuing violations 1-11
COMMERCIAL CORRIDOR DEVELOPMENT
Land development regulations; zoning regulations
Commercial corridor development standards 24-171
COMMERCIAL VEHICLES
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
COMMISSION. See: CITY COMMISSION
*Note—The adoption, amendment, repeal, omissions, effective date, explana-
tion of numbering system and other matters pertaining to the use, construction
and interpretation of this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this volume.
Supp. No. 39 2110
CODE INDEX
Section
COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN-
CIES OF CITY
COMMUNITY DEVELOPMENT BOARD
Provisions re 14-16 et seq.
See: PLANNING
Supp. No. 39 2110.1
CODE INDEX
Section
FIRE HYDRANTS (Cont'd.)
Stopping, standing or parking vehicle within fifteen feet of
hydrant 21-17(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
False silent alarms 7-41
Fees 7-30
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
Supp. No. 39 2119
ATLANTIC BEACH CODE
Section
FIRE PREVENTION AND PROTECTION (Cont'd.)
Fire prevention and life safety (Cont'd.)
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 regulations
Replacement of lawfully existing residential uses includ-
ing fire -damaged buildings 24-87
FIREARMS AND WEAPONS
Disposal of confiscated or lot firearms 15-22
Replica firearms
Definitions 13-8
Possession and use regulated 13-9
Trapping, hunting, molesting, etc., of birds prohibited; ex-
ception 4-4
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 SPP* NTTTSANCYS
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
Supp. No. 39 2120
CODE INDEX
Section
FLOOD HAZARD AREAS (Cont'd.)
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
A zones without established base flood elevations and/or
regulatory floodways 8-33
Areas of shallow flooding (AO Zones) 8-35
Generally 8-31
Specifically 8-32
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
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
Supp. No. 39 2121
ATLANTIC BEACH CODE
Section
G
GARAGE SALES
Flea markets by definition re; prohibited 13-11
Zoning regulations
Outdoor display, sale and storage of furniture, household
items, merchandise outside of enclosed buildings 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
Prohibited discharges of unground garbage, etc 22-129(4)
Recyclable materials. See also herein: Solid Waste Provi-
sions
Removal prohibited 13-10
Solid waste and recycling 16-1 et seq.
See: SOLID WASTE AND RECYCLING
GAS
Mechanical code
Gas piping permit fee 6-77(2)
Public service tax on gas, electricity, etc. 20-16 et seq.
See: TAXATION
Public sewers, use Of
Prohibited discharges 22-129
GASOLINE
Public sewers, use of
Prohibited discharges 22-129
GENDER
Defined 1-2
GLASS
Nuisances. See also that subject
Open storage of glass, building material, etc. 12-1(b)(7)
Public sewers, use of
Prohibited discharges of metal, glass, etc. 22-129(4)
GRASS CLIPPINGS
Public sewers, use of
Prohibited discharges of grass clippings 22-129(4)
Solid waste and recycling
Leaves and grass clippings; tree trunks 16-4
GREASE. See: OILS, GREASE
Supp. No. 39 2122
CODE INDEX
STREET ADDRESSES (Cont'd.)
Numbering of buildings, mobile homes, etc.
Mobile home parks and recreational vehicle parks
Requirements for
Provisions re
See: BUILDINGS AND BUILDING REGULATIONS
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Abandoned, wrecked, junked, etc., vehicles
Left unattended on sidewalks
Alcoholic beverages
Consumption, possession of open containers upon public
property
Building sewers and connections
Barricading, restoring excavations in streets, sidewalks,
etc
Closing of streets for various events
Community development board
See: PLANNING
Definitions
Digging up streets. See herein: Excavations
Dogs on streets to be leashed, muzzled, etc.
Dogs or cats running at large on public streets
Driveways
Construction of driveways in rights-of-way
Excavations
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions
Digging up streets prohibited; exception as to public util-
ities; etc.
Stopping, standing or parking vehicles alongside or oppo-
site any street excavation
Intersections
Sight distance requirements and safety zones
Loitering, obstructions, etc., in public places
Minors on streets and in public places
See: MINORS
Mobile home parks and recreational vehicle parks
Requirement for streets
Naming, renaming
Certain ordinances saved from repeal
Nuisances. See also that subject
Acts, occurrences and conditions constituting nuisances
and public places
Discharging water from water -source heat pumps onto
public streets
Storing, depositing, etc., garbage, sewage, etc., in streets
Supp. No. 39 2155
Section
10-2(7)
6-106 et seq.
21-25
3-12
22-111
19-3
14-16 et seq.
1-2
4-25
4-24
19-7
21-25(a)(2)
19-2
21-17(7)
19-5
13-2
13-151 et seq.
10-2
1-5
12-1
12-1(b)
12-1(b)(2)
ATLANTIC BEACH CODE
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Numbering of buildings. See also: BUILDINGS AND BUILD-
ING REGULATIONS
Assigning street numbers
Street numbering districts designated
Obstructing passage upon public streets, etc
Obstructions to streets
Stopping, standing or parking vehicles alongside or oppo-
site street excavation or obstruction
Opening, accepting, etc.
Certain ordinances saved from repeal
Public place defined
Safety zones
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles
Special events
Closing of streets for various events
Stopping, standing or parking vehicle
Alongside or opposite street excavation
On sidewalks
Subdivision and site improvement regulations
Design and construction standards
Clearing and grading of rights-of-way
Easements
Streets
Subdivision regulations
See: LAND DEVELOPMENT REGULATIONS
Traffic calming devices
Trees and native vegetation protection
See: TREES AND NATIVE VEGETATION PROTECTION
Utility rights-of-way
Vacating
Certain ordinances saved from repeal
Waterworks system
Extensions of water mains in existing streets
SUBDIVISIONS
Subdivision and Site Improvement Regulations 24-186 et seq.
See: LAND DEVELOPMENT REGULATIONS
Trees and native vegetation protection 23-1 et seq.
See: TREES AND NATIVE VEGETATION PROTECTION
SUBPOENAS
Code enforcement board's power to subpoena witnesses,
records, etc.
Section
6-110
6-109
13-2
21-17(7)
1-5
1-2
19-5
16-7
19-4
19-3
21-17(6)
21-17(1)
24-259
24-254
24-252
24-186 et seq.
19-6
23-1 et seq.
19-8
1-5
22-38
SUPPLEMENTATION OF CODE
Revisions re
SURETY BOND. See: BOND, SURETY
Supp. No. 39 2156
2-148
1-10
CODE INDEX
Section
SURFACE WATER. See: DRAINAGE
SURFBOARDS
Beaches, regulations for 5-1 et seq.
Surfboards 5-5
SURVEYS
Code enforcement board's power to subpoena surveys, plats,
etc. 2-148
Community development board
Special survey work of city manager 14-20(10)
SWIMMING
Beaches, regulations for 5-1 et seq.
See: BEACHES
SWIMMING POOLS
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Zoning regulations for swimming pools 24-164
SYNDICATES
Definition of "person" to include syndicates 1-2
T
TAXATION
Additional homestead exemption
Annual adjustment to household income 20-83
Annual filing of household income statement 20-84
Authorized 20-82
Definitions 20-81
Exercise of municipal powers 20-80
Certain ordinances saved from repeal 1-5
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Homestead exemption. See herein: Additional Homestead
Exemption
Insurance premium taxes
Casualty risks 20-76
Payment date 20-78
Property insurance 20-77
Local business license tax
Businesses falling under more than one classification 20-55
Compliance by receipt holders 20-56
Definitions 20-51
Due dates and delinquencies; penalties 20-54
Exemptions 20-58
Half-year receipts 20-53
Inspections 20-52.1
Levy 20-52
Operating more than one location 20-55
Schedule of fees 20-59
Supp. No. 39 2157
ATLANTIC BEACH CODE
Section
TAXATION (Cont'd.)
Local business license tax (Cont'd.)
Transfer 20-57
Public service tax
Duty of seller to collect tax and pay same to city 20-17
Exemption of governmental agencies and churches 20-19
Failure of seller to collect tax 20-17
Imposed, amount 20-16
Nonpayment of tax
Authority of seller to discontinue service 20-17
Payment to be made to seller 20-16
Records to be kept by seller 20-18
Inspection of records by city agents 20-18
Telephone service
Duty of seller to collect 20-33
Exemptions 20-32
Levy; when payable 20-31
Monthly payments; computation of tax 20-36
Records to be kept by seller 20-34
Inspector, transcripts 20-34
Telephone calls, limitation as to 20-35
Utility services to which applicable 20-16
When purchase deemed made within city 20-20
Telephone service. See herein: Public Service Tax
TAXICABS
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
TELEPHONE TAX
Provisions re ............. .
See: TAXATION
20.31 et ser
'1.
TENANTS
Definition of "owner" to include tenants 1-2
TENSE
Defined 1-2
THEATERS
Dogs in theaters to be muzzled, leashed, etc. 4-25
TIME, COMPUTATION OF
Defined 1-2
TITLE LOANS
Definitions 21-60
Maximum interest rate 21-62
Motor vehicle title loan transactions 21-61
Title loan lending license 21-64
Transaction satisfaction and default 21-63
Transition period for regulations, restrictions and licensure
provisions 21-66
Supp. No. 39 2158
CODE INDEX
Section
TITLE LOANS (Cont'd.)
Violations and penalties 21-65
TOBACCO, TOBACCO PRODUCTS
Tobacco product placement 13-14
TOILET FACILITIES
Use of public sewers required
Installation of toilet facilities 22-74
TOWING SERVICE. See: WRECKER SERVICE
TOXIC SOLIDS, LIQUIDS OR GASES
Public sewers, use of
Limitations on discharge concentrations or quantities 22-130(5)
Prohibited discharges 22-129
TRAFFIC
Abandoned, wrecked, junked or inoperative property, etc.
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Beaches, regulations for 5-1 et seq.
Operating motorized apparatus within two hundred feet of 5-7
Parking of sailboats on beaches not to obstruct lifeguard
activities 5-6
Use of vehicle on beach safety zone 5-16
Certain ordinances saved from repeal 1-5
Florida Uniform Traffic Control Law; Manual on Uniform
Traffic Control Devices
Adoption 21-1
Motor Vehicle Title Loans
Definitions 21-60
Maximum interest rate 21-62
Motor vehicle title loan transactions 21-61
Title loan lending license 21-64
Transaction satisfaction and default 21-63
Transition period for regulations, restrictions and licensure
provisions 21-66
Violations and penalties 21-65
Parades and processions
Permit required 21-2
Parking. See herein: Stopping, Standing and Parking
Safety zones 19-5
Stopping, standing and parking
Abandoned, wrecked, junked or inoperative property, etc
Declared unlawful; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Commercial, recreational, etc., vehicles; weight require-
ments 21-22
Compliance with signs prohibiting parking required 21-19
Supp. No. 39 2159
ATLANTIC BEACH CODE
Section
TRAFFIC (Cont'd.)
Stopping, standing and parking (Cont'd.)
Enforcement
Disposition of money collected as fines 21-40
Form of citations 21-37
Issuance of citations 21-36
Payment of parking fines 21-39
Presumption of motor vehicle ownership 21-41
Schedule of fines 21-38
Manner of parking 21-16
Obstructing traffic 21-18
Parking for certain purposes prohibited 21-21
Parking limitations 21-20
Parking more than seventy-two hours prohibited 21-23
Prohibited in specific areas 21-17
Traffic calming devices 19-6
Traffic -control signs, signals and devices
Compliance with signs prohibiting parking 21-19
Manual on Uniform Traffic Control Devices adopted 21-1
Parking limitations where signs are erected 21-20
Wrecker service
Charges for towing and storage 21-51
Establishment of rotating wrecker call list 21-50
Liability insurance 21-53
Repairing vehicles without authorization prohibited 21-54
Wreckers to be equipped at all times 21-52
TRAILERS. See: MOBILE HOMES AND RECREATIONAL
VEHICLES
TRAPPING
Trapping birds, wild fowl, etc. 4-4
TRASH. See: GARBAGE AND REFUSE
TRAVEL
Uniform travel policy and procedure
Auditing 2-365
Authority to incur travel and business expenses 2-357
Authorized travel 2-363
Definitions 2-356
Expense forms and regulations 2-359
Fraudulent claims 2-366
Funding 2-358
Reimbursable incidental expenses 2-364
Schedule for meal allowance and accommodations 2-360
Subsistence 2-361
Transportation 2-362
Supp. No. 39 2160
CODE INDEX
Section
WATERWORKS SYSTEM (Cont'd.)
Subdivisions
Application for water service and new subdivisions 22-37
Cost of pipes, etc., in subdivisions 22-37
Tapping
Prohibited acts 22-33
Tapping of mains, etc., restricted to city employees 21-17
Temporary service 22-17
Utility provisions generally. See: UTILITIES
Water conservation 22-39
Wells
Bacteriological tests for potable water 22-41
Permit required 22-40
WEEDS AND BRUSH
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Nuisances enumerated. See also: NUISANCES
Allowing weeds to grow, etc 12-1(b)(3)
Trees and native vegetation protection 23-1 et seq.
See: TREES AND NATIVE VEGETATION PROTECTION
WEIGHT REQUIREMENTS
Commercial, recreational, etc., vehicles 21-22
WELLS
Abandoned wells, nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Waterworks system
Interfering with or molesting wells, etc. 22-33
Wellhead protection
Environmental and natural resource regulations 24-263 et seq.
See: LAND DEVELOPMENT REGULATIONS
WETLANDS
Environmental and natural resource regulations
Protection of wetland, marsh and waterway resources .... 24-271 et seq.
See: LAND DEVELOPMENT REGULATIONS
WILD FOWL
Trapping, hunting, molesting, etc., of birds prohibited; ex-
ception
WINDOWS. See: DOORS AND WINDOWS
4-4
WITNESSES
Code enforcement board's power to subpoena witnesses 2-148
WRECKER SERVICE
Charges for towing and storage 21-51
Establishment of rotating wrecker call list 21-50
Liability insurance 21-53
Repairing vehicles without authorization 21-54
Wreckers to be equipped at all times 21-52
Supp. No. 39 2169
ATLANTIC BEACH CODE
WRITING
Defined
Y
Section
1-2
YARD SALES
Outdoor display, sale, storage of furniture, household items,
etc. 24-154
YARDS AND OPEN SPACES
Definition of "public place" to include school yards or open
spaces 1-2
Zoning requirements 24-1 et seq.
Yards, required 24-83
See also: LAND DEVELOPMENT REGULATIONS
z
ZONING REGULATIONS. See: LAND DEVELOPMENT REG-
ULATIONS
Supp. No. 39 2170