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AB Code Supplement 40SUPPLEMENT NO. 40 August 2013 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 95-13-106, adopted July 8, 2013. See the Code Comparative Table—Ordinances for further information. Remove Old Pages Insert New Pages Title page Title page ix—xiii ix—xiii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:1 SH:1, SH:2 155-162 155-162.4 169, 170 169-170.1 173-188.31 173-188.82 299-313 299-318 357-359 357-359 521-545 521-553 952.1-956 953-957 997-1002 997-1002 1165-1178 1165-1178 1221, 1222 1221, 1222 1239, 1240 1239 1245 1307, 1308 1307, 1308 1431, 1432 1431 1432.6 1445-1446.1 1445-1446.1 1479-1482 1479-1482.1 2007 2007, 2008 2053-2056 2053-2056 2101-2170 2101-2170 INSTRUCTION SHEET—Cont'd. 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 info@municode.com • 800.262.2633 fax 850.575.8852 • www.municode.com CODE OF ORDIN CES OF THE CITY OF AT TIC BEACH, FLORIDA Published in 1984 by Order of the City Commission Supp. No. 40 municode Municipal Code Corporation • PO Box 2235 Tallahassee, FL 32316 info@municode.com • 800.262.2633 fax 850.575.8852 • www.municode.com 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 Charter PART I CHARTER Art. I. Incorporation; Form of Government; Powers 1 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 162.2 Art. IV. Departments 162.3 Div. 1. Generally 162.3 Supp. No. 40 ix ATLANTIC BEACH CODE Chapter Page Div. 2. Police Department 162.3 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 Employees' Retirement System 174 Div. 4. Police Officers' Retirement System 188.29 Div. 5. Defined Contribution Plan 188.79 Art. VII. Finance 188.82 Div. 1. Generally 188.82 Div. 2. Purchasing 190 Div. 3. Uniform Travel Policy and Procedure 194 Div. 4. Service and User Charges 198 Art. VIII. Emergency Management 199 Div. 1. Generally 199 Div. 2. Comprehensive Emergency Management Plan 199 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 313 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. 40 g TABLE OF CONTENTS—Cont'd. Chapter Page 8. Flood Hazard Areas 521 Art. I. Administration 522 Div. 1. General—Applicability—Duties and Powers of the Floodplain Administrator—Permits— Site Plans and Construction Documents— Inspections—Variances and Appeals—Viola- tions 522 Subdiv. I. In General 522 Subdiv. II. Applicability 523 Subdiv. III. Duties and Powers of the Flood- plain Administrator 525 Subdiv. IV. Permits 528 Subdiv. V. Site Plans and Construction Docu- ments 531 Subdiv. VI. Inspections 534 Subdiv. VII. Variances and Appeals 535 Subdiv. VIII. Violations 537 Art. II. Definitions 538 Art. III. Flood Resistant Development 544 Div. 1. Buildings and Structures, Subdivisions, Site Improvements, Manufactured Homes, Rec- reational Vehicles and Park Trailers, Tanks, Other Development 544 Subdiv. I. Buildings and Structures, Subdivi- sions, Site Improvements 544 Subdiv. II. Manufactured Homes 547 Subdiv. III. Recreational Vehicles and Park Trailers 549 Subdiv. IV. Tanks 549 Subdiv. V. Other Development 550 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 Art. I. In General Supp. No. 40 xi 891 891 Chapter ATLANTIC BEACH CODE Art. II. Disposition of Confiscated or Lost Property.... Page 891 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 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 Art. V. Vehicles for Hire 1241 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 Supp. No. 40 xii TABLE OF CONTENTS—Cont'd. Chapter Page 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 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. 40 xiii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 40 21, 22 14 iii 39 79 5, Add. v, vi OC 91 38 vii, viii 1 103, 104 OC ix, x 40 105, 106 OC xi, xii 40 107, 108 13 xiii 40 155, 156 40 SH:1, SH:2 40 157, 158 40 1, 2 19 159, 160 40 3, 4 34 161, 162 40 5, 6 38 162.1, 162.2 40 6.1 38 162.3, 162.4 40 7, 8 14 163, 164 25 9, 10 14 165, 166 32 11, 12 38 167, 168 39 13, 14 38 169, 170 40 14.1 38 170.1 40 15, 16 14 171, 172 39 17, 18 33 172.1, 172.2 39 18.1 33 172.3, 172.4 39 19, 20 14 172.5, 172.6 39 [1] Supp. No. 40 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 173, 174 40 188.61, 188.62 40 175, 176 40 188.63, 188.64 40 177, 178 40 188.65, 188.66 40 179, 180 40 188.67, 188.68 40 181, 182 40 188.69, 188.70 40 183, 184 40 188.71, 188.72 40 185, 186 40 188.73, 188.74 40 187, 188 40 188.75, 188.76 40 188.1, 188.2 40 188.77, 188.78 40 188.3, 188.4 40 188.79, 188.80 40 188.5, 188.6 40 188.81, 188.82 40 188.7, 188.8 40 189, 190 35 188.9, 188.10 40 191, 192 35 188.11, 188.12 40 193, 194 35 188.13, 188.14 40 195, 196 35 188.15, 188.16 40 197, 198 35 188.17, 188.18 40 199, 200 35 188.19, 188.20 40 201, 202 35 188.21, 188.22 40 203 35 188.23, 188.24 40 245, 246 30 188.25, 188.26 40 247, 248 35 188.27, 188.28 40 299, 300 40 188.29, 188.30 40 301, 302 40 188.31, 188.32 40 303, 304 40 138.33, 100.34 40 305, JGv 40 188.35, 188.36 40 307, 308 40 188.37, 188.38 40 309, 310 40 188.39, 188.40 40 311, 312 40 188.41, 188.42 40 313, 314 40 188.43, 188.44 40 315, 316 40 188.45, 188.46 40 317, 318 40 188.47, 188.48 40 353, 354 33 188.49, 188.50 40 355, 356 38 188.51, 188.52 40 357, 358 40 188.53, 188.54 40 359 40 188.55, 188.56 40 407, 408 35 188.57, 188.58 40 409, 410 38 188.59, 188.60 40 410.1, 410.2 36 [2] Supp. No. 40 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 411, 412 35 683, 684 24 413, 414 35 685 24 415, 416 35 735, 736 35 416.1, 416.2 35 737, 738 36 417, 418 37 787, 788 39 418.1, 418.2 37 789, 790 39 418.3, 418.4 37 791, 792 39 418.5, 418.6 37 793, 794 39 418.7, 418.8 37 794.1, 794.2 39 419, 420 27 795, 796 32 421, 422 36 797, 798 38 469, 470 35 799, 800 38 471, 472 35 839, 840 28 473, 474 35 841, 842 5 475, 476 35 843 5 477, 478 35 891, 892 31 479, 480 35 943, 944 34 521, 522 40 945, 946 35 523, 524 40 947, 948 35 525, 526 40 949, 950 37 527, 528 40 951, 952 37 529, 530 40 953, 954 40 531, 532 40 955, 956 40 533, 534 40 957 40 535, 536 40 995, 996 26 537, 538 40 997, 998 40 539, 540 40 999, 1000 40 541, 542 40 1001, 1002 40 543, 544 40 1003, 1004 39 545, 546 40 1005, 1006 39 547, 548 40 1007, 1008 39 549, 550 40 1009, 1010 39 551, 552 40 1011, 1012 39 553 40 1013 39 577, 578 OC 1055, 1056 15 579, 580 OC 1057, 1058 15 581 OC 1059 15 631, 632 OC 1107, 1108 31 [3] Supp. No. 40 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1109, 1110 37 1281, 1282 38 1111, 1112 31 1282.1, 1282.2 38 1113, 1114 39 1283, 1284 35 1115, 1116 39 1284.1, 1284.2 38 1117, 1118 39 1284.3, 1284.4 38 1119, 1120 39 1285, 1286 CdO 1121, 1122 39 1286.1, 1286.2 23 1123, 1124 39 1287 23 1125, 1126 39 1288.1 16 1127 39 1289, 1290 OC 1157, 1158 33 1291, 1292 OC 1159, 1160 33 1293, 1294 OC 1161, 1162 33 1295, 1296 38 1163, 1164 37 1297, 1298 38 1165, 1166 40 1298.1, 1298.2 36 1167, 1168 40 1299, 1300 OC 1169, 1170 40 1301, 1302 11 1171, 1172 40 1303, 1304 11 1173, 1174 40 1305, 1306 11 1175, 1176 40 1307, 1308 40 1177, 1178 40 1351, 1352 37 1179, 1180 33 1353, 1354 37 1221, 1222 40 1355, 1356 37 1223, 1224 31 1357, 1358 37 1225,1223 31 1350,1330 371 1227, 1228 31 1361, 1362 37 1229, 1230 31 1363, 1364 37 1231 31 1365,1366 37 1235, 1236 21 1367, 1368 37 1237, 1238 21 1369, 1370 37 1239, 1240 40 1371, 1372 37 1241, 1242 40 1373, 1374 37 1243, 1244 40 1375, 1376 37 1245 40 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 [4] Supp. No. 40 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1407, 1408 37 1475, 1476 37 1409, 1410 37 1477, 1478 37 1411, 1412 37 1479, 1480 40 1413, 1414 37 1481, 1482 40 1415, 1416 37 1482.1 40 1417, 1418 37 1483, 1484 37 1419, 1420 37 1485, 1486 37 1421, 1422 37 1487, 1488 38 1423, 1424 37 1488.1, 1488.2 38 1425, 1426 37 1488.3, 1488.4 38 1427, 1428 37 1488.5, 1488.6 38 1429, 1430 37 1488.7 38 1431, 1432 40 1489, 1490 37 1432.1, 1432.2 40 1491, 1492 37 1432.3, 1432.4 40 1493, 1494 37 1432.5, 1432.6 40 1495, 1496 37 1433, 1434 37 1497, 1498 37 1435, 1436 37 1499, 1500 37 1437, 1438 37 1501, 1502 37 1439, 1440 37 1503, 1504 37 1441, 1442 37 1505, 1506 37 1443, 1444 37 1507, 1508 37 1445, 1446 40 1509, 1510 37 1446.1 40 1511, 1512 37 1447, 1448 37 1513, 1514 38 1449, 1450 37 1514.1, 1514.2 38 1451, 1452 37 1514.3, 1514.4 38 1453, 1454 37 1515, 1516 37 1455, 1456 37 1517, 1518 37 1457, 1458 37 1519, 1520 37 1459, 1460 37 1521, 1522 37 1461, 1462 37 1523, 1524 37 1463, 1464 37 1525, 1526 37 1465, 1466 37 1527, 1528 37 1467, 1468 37 1529, 1530 37 1469, 1470 37 1531, 1532 37 1471, 1472 37 1533, 1534 37 1473, 1474 37 1535, 1536 37 [5] Supp. No. 40 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1537, 1538 37 2129, 2130 40 1539, 1540 37 2131, 2132 40 1541, 1542 37 2133, 2134 40 1543, 1544 37 2135, 2136 40 1983, 1984 OC 2137, 2138 40 1985 OC 2139, 2140 40 1987, 1988 OC 2141, 2142 40 1989, 1990 OC 2143, 2144 40 1991, 1992 2 2145, 2146 40 1993, 1994 6 2147, 2148 40 1995, 1996 13 2149, 2150 40 1997, 1998 18 2151, 2152 40 1999, 2000 24 2153, 2154 40 2001, 2002 30 2155, 2156 40 2003, 2004 37 2157, 2158 40 2005, 2006 37 2159, 2160 40 2007, 2008 40 2161, 2162 40 2043 OC 2163, 2164 40 2053, 2054 40 2165, 2166 40 2055, 2056 40 2167, 2168 40 2081, 2082 14 2169, 2170 40 2083, 2084 38 2085, 2086 33 2087, 2088 14 2101, 2102 40 2103, 2104 40 2105, 2106 40 2107, 2108 40 2109, 2110 40 2111, 2112 40 2113, 2114 40 2115, 2116 40 2117, 2118 40 2119, 2120 40 2121, 2122 40 2123, 2124 40 2125, 2126 40 2127, 2128 40 [6] Supp. No. 40 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 "Included." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omitted." 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. No. Date Adopted Includedl 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 90-12-214 3-26-12 Included 40 95-12-105 5-14-12 Included 40 45-12-21 7-23-12 Included 40 33-12-18 8-13-12 Included 40 5-12-56 8-27-12 Included 40 55-12-36 8-27-12 Included 40 80-12-82 9-24-12 Included 40 90-12-215 11-13-12 Included 40 5-12-57 11-26-12 Included 40 Supp. No. 40 SH:1 Ord. No. Date Adopted Included/ Omitted Supp. No. 60-13-18 3-25-13 Included 40 5-13-58 4- 8-13 Included 40 25-13-43 4- 8-13 Included 40 58-13-35 6-10-13 Included 40 58-13-36 6-10-13 Included 40 58-13-37 6-10-13 Included 40 5-13-59 7- 8-13 Included 40 75-13-18 7- 8-13 Included 40 95-13-106 7- 8-13 Included 40 Supp. No. 40 SH:2 Chapter 2 ADMINISTRATION* Art. I. In General, §§ 2-1-2-15 Art. II. City Commission, §§ 2-16-2-30 Art. III. City Manager, §§ 2-31-2-40 Art. IV. Departments, §§ 2-41-2-130 Div. 1. Generally, §§ 2-41-2-50 Div. 2. Police Department, §§ 2-51-2-60 Div. 3. Fire Department, §§ 2-61-2-70 Div. 4. Department of Finance, §§ 2-71-2-78 Div. 5. Department of Public Works, §§ 2-79-2-83 Div. 6. Department of Public Utilities, §§ 2-84-2-130 Art. V. Boards and Commissions, §§ 2-131-2-225 Div. 1. Generally, §§ 2-131-2-140 Div. 2. Code Enforcement Board, §§ 2-141-2-160 Div. 3. Nuisance Control Board, §§ 2-161-2-225 Art. VI. Employee Benefits, §§ 2-226-2-310.29 Div. 1. Generally, §§ 2-226 2-240 Div. 2. Old -age and Survivors Insurance, §§ 2-241-2-260 Div. 3. General Employees' Retirement System, §§ 2-261-2-299 Div. 4. Police Officers' Retirement System, §§ 2-300-2-310.19 Div. 5. Defined Contribution Plan, §§ 2-310.20-2-310.29 Art. VII. Finance, §§ 2-311-2-368 Div. 1. Generally, §§ 2-311-2-330 Div. 2. Purchasing, §§ 2-331-2-355 Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366 Div. 4. Service and User Charges, §§ 2-367, 2-399 Art. VIII. Emergency Management, §§ 2-400-2-409 Div. 1. Generally, § 2-400 Div. 2. Comprehensive Emergency Management Plan, §§ 2-401-2-409 ARTICLE I. IN GENERAL Sec. 2-1. Defense of civil actions against public officers, employees or agents; payment of judgments or settlements. (a) Defense of civil actions. The city shall provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents for an act or omission arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the officer, *Charter references—Form of government, § 3; general powers, § 4. Cross references—Planning/zoning/appeals, Ch. 14; community development board, § 14-16 et seq.; police, Ch. 15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, § 24-46 et seq. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. Supp. No. 40 155 § 2-1 ATLANTIC BEACH CODE employee or agent acted in bad faith, with malicious purpose, or in a manner exhibiting willful disregard of human rights, safety, or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the officer, employee, or agent for an act or omission under color of state law, custom or usage, wherein it is alleged that such officer, employee, or agent has deprived another person of his rights secured under the Federal Constitution or laws. Legal representation of an officer, employee, or agent of the city may be provided by the city attorney. However, any attorney's fees paid from public funds for an officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his employment, or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered by the city in a civil action against such officer, employee, or agent. If the city fails, pursuant to this section to provide an attorney to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents and fails to provide such attorney, the city shall reimburse the defendant who prevails in the action for court cost and reasonable attorney's fees. (b) Payment of judgments or settlements against certain public officers or employees. When the city fails to provide insurance coverage for action set forth in subsection (a) and is not participating in the State Insurance Risk Management Trust Fund it will pay: (1) Any final judgment, including damages, costs, and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of action of any officer, employee, or agent in a civil or civil rights lawsuit described in subsection (a). If the civil action arises under section 768.28, Florida Statutes, as a tort claim, the limitation and provision of section 768.28 governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. 1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally. (2) Any compromise or settlement of any claim or litigation as described in paragraph (1) subject to the limitations set forth in that paragraph. (3) Any reimbursement required under subsection (a) for court costs and reasonable attorney's fees when the city has failed to provide an attorney and the defendant prevails. (Ord. No. 95-88-34, §§ 1, 2, 3-14-88) Editor's note—Ord. No. 95-88-34, §§ 1, 2, adopted March 14, 1988, did not specifically amend the Code; therefore, inclusion as § 2-1 was at the discretion of the editor. Sec. 2-2. Charitable contributions prohibited. The city shall not contribute city funds to any charitable, nonprofit, or other worthy cause. However, the city may contribute city funds or other support to artistic, recreational, or cultural programs, events or projects which benefit the residents of Atlantic Beach, as follows: (1) Requests for contributions to such programs, events or projects shall be submitted to the cultural arts and recreational advisory committee. Supp. No. 40 156 ADMINISTRATION § 2-17 (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 and scheduled workshops. (a) The regular meetings of the city commission shall be held on the second Monday of each month. (b) Scheduled workshops of the city commission shall be held as follows: (1) In the months of January through November, on the fourth Monday of the month. (2) In the month of December, on the third Monday of the month. (c) All regular meetings and scheduled workshops of the city commission shall be held in city hall at 6:30 p.m. (d) If the second or fourth Monday falls on a holiday, the regular meeting or scheduled workshop shall be held on Tuesday immediately following the holiday. (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; Ord. No. 5-13-58, § 1, 4-8-13) Editor's note—Section 1 of Ord. No. 5-13-58, adopted April 8, 2013, changed the title of § 2-16 from "Time and place of regular meetings" to "Time and place of regular meetings and scheduled workshops." 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) *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. 40 157 § 2-18 ATLANTIC BEACH CODE Sec. 2-18. Quorum. Three (3) members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Code 1970, § 2-4) Sec. 2-19. Rules of conduct and procedure at meetings. The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor -commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. (6) Rule 6. No member shall absent himself from the meeting before adjournment for more than five (5) minutes at a time without leave of the presiding officer. (7) Rule 7. The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. Unfinished business of preceding meeting; d. Consent agenda; Supp. No. 40 158 ADMINISTRATION § 2-19 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. (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (10) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. (11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance notice of the time and place of such meeting to all members of the city commission, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presiding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commis- sion, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city Supp. No. 40 159 § 2-19 ATLANTIC BEACH CODE commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special „�u�. ,uu .,��.;;,� special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor - commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk or her/his designee to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tem or other city commissioner, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk or her/his designee, and the record of every meeting shall be signed, when approved, by the city clerk or her/his designee and the mayor -commissioner or the mayor pro tem or other city commissioner who presided thereat. Supp. No. 40 160 ADMINISTRATION § 2-20 (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the City Charter. (27) Rule 27. It shall be the duty of a city commissioner who will be absent from any city commission meeting to notify the other commissioners of any such anticipated absence. Said notice shall be given as far in advance as possible, either orally at a meeting prior to the one which the commissioner will be absent from, or by e-mail to the city clerk, who will then forward the notice to the other commissioners. If the notice includes a request for an excused absence, it shall state briefly the reasons why the excused absence is being requested, and the other commissioners shall vote on the request at the meeting at which it is orally requested or as an agenda item at a subsequent meeting following notice by e-mail. (28) Rule 28. City commissioners shall be prohibited from accepting or sending any electronic communications via cell phone or other device during the course of a city commission meeting. Electronic communications include, but are not limited to, emails, Blackberry PINs, SMS communications (text messaging), MMS communica- tions (multimedia content), and instant messaging. City commissioners may have cell phones turned on during city commission meetings, to be used only in the event of an emergency. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No. 5-01-36, § 1, 11-12-01; Ord. No. 5-12-56, §§ 1, 2, 8-27-12; Ord. No. 5-12-57, § 1, 11-26-12) Sec. 2-20. Salary of members. (a) The annual salary of the mayor and commissioners shall be made in twelve (12) equal monthly payments. (b) Effective August 1 each year the basic salary of the mayor -commissioner and city commissioners shall be reviewed and adjusted by the Consumer Price Index for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall not exceed the cost of living adjustment provided to general employees and shall be effective on October 1 of each year. A reduction of ten (10) percent, effective October 1, 2009, shall be made to reduce the annual salary of the mayor to nine thousand three hundred ninety-two dollars and four cents ($9,392.04) and to reduce the annual salary of the commissioners to five thousand seven hundred sixteen dollars and thirty-two cents ($5,716.32) with the next pay adjustment under this section being on October 1, 2010, if appropriate. (c) This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all city employees. (Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83; Ord. No. 5-00-33, § 1, 8-28-00; Ord. No. 5-02-39, § 1, 10-14-02; Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-07-47, § 1, 9-24-07; Ord. No. 5-09-51, § 1, 9-28-09) Supp. No. 40 161 § 2-21 ATLANTIC BEACH CODE Sec. 2-21. Resignation from office; election procedures. (a) A city commissioner seeking to run for another elected office shall submit a letter of resignation at least thirty (30) days prior to the first day of qualifying for the office he intends to seek. The resignation must be effective no later than the earlier of the following dates: (1) The date the commissioner would take his new office, if elected; or (2) The date the commissioner's successor is required to take office. (b) The commission seat shall be placed on the ballot at the next election after the filing of the letter of resignation. The candidate winning the commission seat shall take office on the effective date of the assuming of offices following the election and shall serve the remaining unexpired term of the resigning commissioner. (c) This section shall not preclude the city commission from electing an eligible person to serve in the interim as provided for in Section 12 of the City Charter. (Ord. No. 33-93-5, § 1, 3-22-93) Sec. 2-22. Voting districts. The four (4) voting districts within the City of Atlantic Beach for seats 2 through 5 of the city commission are as described and renumbered as follows: (a) Seat 2. District 1308 (formerly 1311) shall be as shown on the attached drawing entitled "Atlantic Beach Voting Districts (2010 Census)," the boundaries of which are as follows: Beginning at a point in the City of Atlantic Beach's eastern city limits, being a point of intersection of the Atlantic Ocean and the eastern extension of the 16th Street Sid tig3t-vi vvay, then, uniting westerly along file 13th 'eet tight -u -way and extension thereof, to a point of intersection with the Beach Avenue right-of-way; then running northerly along the Beach Avenue right-of-way to a point of intersection with the 17th Street right-of-way; then running westerly along the 17th Street right-of-way to a point of intersection with the Seminole Road right-of-way; then running northerly along the Seminole Road right-of-way, to a point of intersection with the Saturiba Drive right-of-way; then running westerly along the Saturiba Drive right-of-way to its western terminus; then running southwest to a point of intersection with the western city limits line, being also the southwestern corner of the Sevilla Gardens condomin- ium property; then running southerly along the city limits line, being also the eastern boundary of the Selva Marina Country Club property, to a point of intersection with the eastern extension of the Dutton Island Road right-of-way, also being the northern city limits; then running westerly along the Dutton Island Road right-of-way and eastern extension thereof, to a point of intersection with the Main Street right-of-way; then running southerly along the Main Street right-of-way to a point of intersection with the Levy Road right-of-way; then running easterly along the Levy Road right-of-way to point of intersection with the Mayport Road right-of-way; then running southerly along the Mayport Road right-of-way to a point of intersection with the Plaza Supp. No. 40 162 ADMINISTRATION § 2-22 right-of-way; then running easterly along the Plaza right-of-way to a point of intersection with the Ocean Boulevard right-of-way; then running northerly along the Ocean Boulevard right-of-way to a point of intersection with the 10th Street right-of- way; then running easterly along the 10th Street right-of-way to a point of intersection with the Beach Avenue right-of-way; then running northerly along the Beach Avenue right-of-way to a point of intersection with the 11th Street right-of-way; then running easterly along the 11th Street right-of-way and the eastern extension thereof, to a point of intersection with the Atlantic Ocean, being also the eastern city limits line; then running northerly along the city limits line to the point of beginning (b) Seat 3. District 1307 (formerly 13G) shall be as shown on the attached drawing entitled "Atlantic Beach Voting Districts (2010 Census)", the boundaries of which are as follows: Beginning at a point in the City of Atlantic Beach's northern city limits on the east at its intersection with the Atlantic Ocean; then running westerly along the northern city limits line, also being the southern boundary of Hanna Park, to a point located at the southwest corner of the Hanna Park property; then running southerly along the city limits line, and then westerly along the city limits line to a point of intersection with the Mayport Road right-of-way; then running southerly along the city limits line to a point where the city limits line turns east just south of the Fairway Villas PUD; then running east, then north along the city limits line, being the southern boundary of the Fleet Landing PUD and also the northern boundary of the Selva Marina Country Club golf course property, to a point located in the southwest corner of the Sevilla Gardens condominium property; then running northeast to a point of intersection with the western terminus of the Saturiba Drive right-of-way; then running easterly along said Saturiba Drive right-of-way to a point of intersection with the Seminole Road right-of-way; then running southerly along the Seminole Road right-of-way to a point of intersection with the 17th Street right-of-way; then running easterly along the 17th Street right-of-way to a point of intersection with the Beach Avenue right-of-way; then running southerly along the Beach Avenue right-of-way to a point of intersection with the 16th Street right-of-way; then running easterly along the 16th Street right-of-way and the eastern extension thereof, to a point of intersection with the Atlantic Ocean, being also the eastern city limits line; then running northerly along the city limits line to the point of beginning (c) Seat 4. District 1306 (formerly 13F) shall be as shown on the attached drawing entitled "Atlantic Beach Voting Districts (2010 Census)", the boundaries of which are as follows: Beginning at a point in the City of Atlantic Beach's eastern city limits, being a point of intersection between the Atlantic Ocean and the eastern extension of the 11th Street right-of-way; then running westerly along the 11th Street right-of-way to a point of intersection with the Beach Avenue right-of-way; then running southerly along the Beach Avenue right-of-way to a point of intersection with the 10th Street right-of-way; then running westerly along the 10th Street right-of-way to a point of intersection with Supp. No. 40 162.1 § 2-22 ATLANTIC BEACH CODE the Ocean Boulevard right-of-way; then running southerly along the Ocean Boulevard right-of-way to a point of intersection with the Plaza right-of-way; then running westerly along the Plaza right-of-way to a point of intersection with the Sargo Road right-of-way; then running southerly along the Sargo Road right-of-way to a point of intersection with the Cavalla Road right-of-way; then running easterly along the Cavalla Road right-of-way to a point of intersection with the Royal Palms Drive right-of-way; then running southerly along the Royal Palms Drive right-of-way to a point of intersection with the southern city limits, which is a line parallel at right angles to, and sixteen (16) feet north of the centerline of the Atlantic Boulevard right-of-way; then running easterly along the southern city limits line to a point of intersection with the Atlantic Ocean, being the eastern city limits; then running northerly along the eastern city limits line to the point of beginning. (d) Seat 5. District 1312 (formerly 13S) shall be as shown on the attached drawing entitled "Atlantic Beach Voting Districts (2010 Census)", the boundaries of which are as follows: Beginning at a point in the City of Atlantic Beach's northern city limits, being a point of intersection between the Dutton Island Road right-of-way and the Main Street right-of-way; then running westerly along the northern city limits line to a point of intersection with the Intracoastal Waterway Canal right-of-way, being also the western city limits line; then running southerly along the western city limits line to a point of intersection with a line lying parallel at right angles to, and sixteen (16) feet north of the center line of the Atlantic Boulevard right-of-way, being also the southern city limits line; then running easterly along said southern city limits line to a point of intersection with the Royal Palms right-of-way; then running northerly along the Royal Palms right-of-way to a point of intersection with the Cavalla Road right-of-way; then running westerly along the Cavalla Road right-of-way to a point of intersection with the Sargo Road right-of-way; then running northerly along the Sargo Road right-of-way to a point of intersection with the Plaza right-of-way; then running westerly along the Plaza right-of-way to a point of intersection with the Mayport Road right-of-way; then running northerly along the Mayport Road right-of-way to a point of intersection with the Levy Road right-of-way; then running westerly along the Levy Road right-of-way to a point of intersection with the Main Street right-of-way; then running northerly along the Main Street right-of-way to the point of beginning." (Ord. No. 33-12-18, § 1, 8-13-12) Secs. 2-23-2-30. Reserved. ARTICLE III. CITY MANAGER* Secs. 2-31-2-40. Reserved. *Charter reference—The city manager, § 25 et seq. State law reference—Code of ethics for public officers and employees, § 112.311 et seq. Supp. No. 40 162.2 ADMINISTRATION ARTICLE W. DEPARTMENTS DIVISION 1. GENERALLY § 2-52 Sec. 2-41. Director of public safety. The city manager, or any other qualified person as provided herein, shall be the director of public safety, under whose supervision there shall be a police department and a fire department. (1) In the event the city manager desires to appoint a director of public safety, the director of public safety shall be appointed and removed by the city manager, subject to the approval of the city commission. The director of public safety shall be compensated as determined by the city manager. (2) The duties of the director of public safety shall include attendance at all meetings of the city commission as required by the city manager; supervision and coordination of the police, fire and lifeguard operations of the city; participation in emergency planning and operations before, during and after major incidents affecting public safety; and performance of such other duties as may be lawfully required of him. (Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 5-95-26, § 1, 1-8-96) Secs. 2-42-2-50. Reserved. DIVISION 2. POLICE DEPARTMENT* Sec. 2-51. Chief of police—Appointment, compensation, removal. The chief of police shall be the head of the police department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 57-90-16, § 1, 5-29-90) Sec. 2-52. Same—Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; and to perform such other duties as may be lawfully required of him Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. (Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) *Cross reference—Police generally, Ch. 15. Supp. No. 40 162.3 § 2-53 ATLANTIC BEACH CODE Sec. 2-53. Powers and authority of deputies and chief. The chief of police and his deputies shall have the power and authority to immediately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten, or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the city, of the state, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law. (Laws of Fla., Ch. 57-1126, § 38; Ord. No. 57-78-7, § E, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-54-2-60. Reserved. Supp. No. 40 162.4 ADMINISTRATION § 2-146.1 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, except as provided in section 2-146.1 below. (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; Ord. No. 5-13-59, § 1, 7-8-13) Sec. 2-146.1. Jurisdiction of special magistrate. (a) A special magistrate or special magistrates shall be appointed and removed by the city manager subject to the approval of the commission and shall have the jurisdiction and authority to hear and decide alleged violations of the section 4-10, dangerous dogs, section 4-11, classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. Appointment of the special magistrate shall be made on the basis of experience and interest in the subject matter. A special magistrate must be a member in good standing of the Florida Bar. (b) The special magistrate shall receive such compensation as determined by the commis- sion. (c) The special magistrate shall have the power to: (1) Adopt rules for the conduct of the hearings. (2) Subpoena alleged violators and witnesses to hearings. (3) Subpoena evidence. (4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. Supp. No. 40 169 § 2-146.1 ATLANTIC BEACH CODE (d) The special magistrate may impose fines to cover all costs incurred by the city in enforcing its codes. Criteria that the special magistrate may consider include, but is not limited to, the following: (1) The gravity of the incident giving rise to the dangerous dog declaration. (2) Any previous animal control violations. (3) Any actions taken by the dog owner to prevent or correct aggressive behavior. (4) The complexity and resources required to complete the investigation. (5) The cost and outcome of the hearing. (Ord. No. 5-13-59, § 2, 7-8-13) 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 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 Supp. No. 40 170 ADMINISTRATION § 2-147 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 paragraphs a., b., 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. 40 170.1 ADMINISTRATION § 2-246 Sec. 2-242. Execution of agreements by mayor -commissioner. The mayor -commissioner is hereby authorized and directed to execute all necessary agreements and amendments thereto with the division of retirement of the department of administration as the state agency for the state or his authorized representative for the purpose of extending the benefits provided by the system of old -age and survivors insurance to the employees and officials of this city, as provided in section 2-241, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient administration thereof, and shall be effective with respect to services in employment covered by the agreement performed after December 31, 1950. (Code 1970, § 16-5) Sec. 2-243. Withholdings from wages. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 2-241 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regulations to receive such amounts. (Code 1970, § 16-6) Sec. 2-244. Appropriations and payment of contributions by city. There shall be appropriated from available funds, derived from such amounts, at the times, as may be required to pay promptly the contributions required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulations. (Code 1970, § 16-7) Sec. 2-245. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for the enforcement of the laws and regulations. (Code 1970, § 16-8) Sec. 2-246. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Code 1970, § 16-9) Supp. No. 40 173 § 2-247 ATLANTIC BEACH CODE Sec. 2-247. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi- leges and other conditions thereunto appertaining to Title II of the Social Security Act, as amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and employees thereof and of its departments and agencies, save and except any of the officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or employee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations. (Code 1970, § 16-10) Sec. 2-248. Designation of custodian of funds and withholding and reporting agent. The director of finance is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city and the director of finance is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 1970, § 16-11) Secs. 2-249-2-260. Reserved. DIVISION 3.. GENERAL EMPLOYEES' RETIREMENT SYSTEM* Sec. 2-261. Definitions. (a) [Definitions.] As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated contributions means a member's own contributions with interest compounded annually, redetermined on October 1 of each year based on the two-year Treasury Rate. For those members who purchase credited service with interest or at no cost to the system, any payment representing the amount attributable to member contributions based on the applicable member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such credited service shall be included in accumulated contributions, with interest. Interest shall accrue only during periods of active employment. Actuarial equivalent means a benefit or amount of equal value, based upon the RP -2000 Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest rate of eight (8) percent per annum. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. *Editor's note—Section 1 of Ord. No. 58-13-37, adopted June 10, 2013, amended Div. 3 in its entirety, in effect repealing §§ 2-261-2-286, 2-288, 2-290, 2-292, 2-294-2-299, and enacting similar new provisions in lieu thereof as §§ 2-261-2-286. See the Code Comparative Table for a complete derivation. Supp. No. 40 174 ADMINISTRATION § 2-261 Average final compensation means one -twelfth (1/12) of the average salary of the five (5) best consecutive years of the last ten (10) years of credited service years of credited service prior to retirement, termination, or death, or the career average as a full-time general employee, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect, or if no person so designated is living, at the time of death of the member, the beneficiary shall be the estate of the member, except as provided by section 2-267, pre -retirement death. Board means the board of trustees, which shall administer and manage the system herein provided and serve as trustees of the fund. City means City of Atlantic Beach, Florida. Credited service means the total number of years and fractional parts of years of service as a general employee with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city as a general employee. If a vested member leaves the employ of the city, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a general employee with the city within five (5) years, his accumulated contributions, if one thousand dollars ($1,000.00) or less, shall be returned. If a member who is not vested is not reemployed within five (5) years, his accumulated contributions, if more than one -thousand dollars ($1,000.00), will be returned only upon the written request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of his rights and benefits under the system are forfeited and terminated. The years or parts of a year that a member performs "qualified military service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L. 103-353), after separa- tion from employment as a general employee to perform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment under the provisions of USERRA. (2) The member returns to his employment as a general employee within the time frame as allowed by USERRA following the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. (3) The member deposits into the fund the same sum that the member would have contributed, if any, if he had remained a general employee during his absence. The maximum credit for military service pursuant to this subdivision shall be five (5) years. The member must deposit all missed contributions within a period equal to three (3) times the period of military service, but not more than five (5) years, following re-employment or he will forfeit the right to receive credited service for his military service pursuant to this paragraph. Supp. No. 40 175 § 2-261 ATLANTIC BEACH CODE (4) This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1, 2007, while performing USERRA qualified military service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by IRC section 414(u)(12), an individual receiving differential wage payments (as defined under IRC section 3401(h)(2)) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under IRC section 415(c). This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner Effective date means the date on which this division becomes effective. Fund means the trust fund established herein as part of the system. General employee means any actively employed person in the regular full-time or regular part-time service of the city, including those in their initial probationary employment period, but not including: (1) Certified police officers employed by the city; (2) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (3) Airy city nianagelial of pi. ofessio iai employee who is employed puisuani, Lo an individual contract of employment which does not provide for the employee's partici- pation in this retirement system; (4) Elected officials of the city; (5) Positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (6) Temporary employees. (7) Retirees reemployed as a part-time employee and subject to section 2-285. IRC means the Internal Revenue Code of 1986, as amended from time to time. Member means an actively employed general employee who fulfills the prescribed member- ship requirements. Benefit improvements which, in the past, have been provided for by amendments to the system adopted by city ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Supp. No. 40 176 ADMINISTRATION § 2-261 Plan year means the twelve-month period beginning October 1 and ending September 30 of the following year. Retiree means a member who has entered retirement status. Retirement means a member's separation from city employment with eligibility for imme- diate receipt of benefits under the system or entry into the deferred retirement option plan. Salary means the compensation for services rendered to the city as a general employee reportable on the member's W-2 form plus all tax deferred, tax sheltered or tax exempt items of income derived from elective employee payroll deductions or salary reductions. Compensa- tion shall include base salary or wages, longevity pay, performance bonuses, overtime pay, compensatory time, cost of living payments and salary or wages while absent from work on account of paid personal leave or holidays. Compensation shall not include redemptions or payments in consideration of unused personal leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specifically included. For service earned after April 8, 2013 (the "effective date"), salary shall not include more than three hundred (300) hours of overtime per calendar year. Provided however, in any event, payments for overtime in excess of three hundred (300) hours per year accrued as of the effective date and attributable to service earned prior to the effective date, may still be included in salary for pension purposes even if the payment is not actually made until on or after the effective date. Compensation in excess of the limitations set forth in section 401(a)(17) of the IRC as of the first day of the plan year shall be disregarded for any purpose, including employee contribu- tions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any plan year beginning on or after January 1, 2002, may not exceed two hundred thousand dollars ($200,000.00), as adjusted for cost -of -living increases in accordance with IRC section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost -of -living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than twelve (12) months, the annual compensation limit is an amount equal to the otherwise applicable annual compensa- tion limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is twelve (12). If the compensation for any prior determination period is taken into account in determining a member's contributions or benefits for the current plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year beginning after December 31, 1995. Spouse means the lawful wife or husband of a member or retiree at the time benefits become payable. Supp. No. 40 177 § 2-261 ATLANTIC BEACH CODE System means the City of Atlantic Beach General Employees' Retirement System as contained herein and all amendments thereto. (b) Masculine gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-262. Membership. (a) Conditions of eligibility. All general employees hired prior to September 1, 2008, shall continue as members of this system as a condition of employment. (b) General employees hired on or after September 1, 2008, shall no longer be eligible for membership in the system. Such members shall participate in a defined contribution retirement plan established by the city. The accumulated contributions of such members will be transferred to a 457 plan. (c) The system shall be closed to new members effective June 23, 2013. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-263. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two (2) of whom shall be members of the system, who shall be elected by a majority of the general employees who are members of the system. The fifth trustee shall be a resident of the city and shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic Beach City Commission shall confirm the appointment to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four-year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4) years, unless he sooner leaves the employment of the city as a general employee or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. A vacancy shall occur on the board if any member shall resign or any employee representative ceases to be employed by the city. A vacancy shall occur on the board if any trustee fails to attend three (3) consecutive meetings of the board unless, in each case, excused for cause by the trustees attending the meeting. Each trustee may succeed himself in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nominating and election procedures for Supp. No. 40 178 ADMINISTRATION § 2-264 each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a secretary. The secretary of the board shall keep minutes of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of F.S. § 112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. (e) The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the system and determine all questions arising thereun- der. (2) To determine all questions relating to eligibility and membership. (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-264. Finances and fund management. Establishment and operation of fund. Supp. No. 40 179 § 2-264 ATLANTIC BEACH CODE (a) As part of the system, there is hereby established the fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system, including the assets of the prior general employees' retirement system. (b) The actual custody and supervision of the fund (and assets thereof) shall be vested in the board. Payment of benefits and disbursements from the fund shall be made by the disbursing agent but only upon written authorization from the board. (c) All funds of the general employees' retirement system may be deposited by the board with the finance director of the city, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the city. However, any funds so deposited with the finance director of the city shall be kept in a separate fund by the finance director or clearly identified as such funds of the general employees' retirement system. In lieu thereof, the board shall deposit the funds of the general employees' retirement system in a qualified public depository as defined in F.S. § 280.02, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the board, in the investment of all fund assets. (d) All funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries as regards the following: (1) C urreit amounts ofaccumulated co2t11ZtZots of _tllembers lbers bot i an individual 1uiVUUal and aggregate account basis; and (2) Receipts and disbursements; and (3) Benefit payments; and (4) Current amounts clearly reflecting all monies, funds and assets whatsoever attribut- able to contributions and deposits from the city; and (5) All interest, dividends and gains (or losses) whatsoever; and (6) Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (e) An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the system showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. Supp. No. 40 180 ADMINISTRATION § 2-264 (f) The board shall have the following investment powers and authority: (1) The board shall be vested with full legal title to said fund, subject, however, and in any event to the authority and power of the Atlantic Beach City Commission to amend or terminate this fund, provided that no amendment or fund termination shall ever result in the use of any assets of this fund except for the payment of regular expenses and benefits under this system, except as otherwise provided herein. All contributions from time to time paid into the fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the fund and the board shall not be required to segregate or invest separately any portion of the fund. (2) All monies paid into or held in the fund shall be invested and reinvested by the board and the investment of all or any part of such funds shall be subject to the following: a. Notwithstanding any limitation in prior city ordinances to the contrary, all monies paid into or held in the fund may be invested and reinvested in such securities, investment vehicles or property wherever situated and of whatever kind, as shall be approved by the board, including but not limited to common or preferred stocks, bonds, and other evidences of indebtedness or ownership. b. The board shall develop and adopt a written investment policy statement setting forth permissible types of investments, goals and objectives of investments and setting quality and quantity limitations on investments in accordance with the recommendations of its investment consultants. The investment policy statement shall be reviewed by the board at least annually. c. In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81-100 and Revenue Ruling 2011-1 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under IRC section 401(a), individual retirement accounts that are exempt under IRC section 408(e), eligible governmental plans that meet the requirements of IRC section 457(b), and governmental plans under IRC section 401(a)(24). For this purpose, a trust includes a custodial account that is treated as a trust under IRC section 401(f) or under IRC section 457(g)(3). While any portion of the assets of the fund are invested in such a group trust, such group trust is itself adopted as a part of the system or plan. (3) At least once every three (3) years, and more often as determined by the board, the board shall retain a professionally qualified independent consultant to evaluate the performance of all current investment managers and make recommendations regard- ing the retention of all such investment managers. These recommendations shall be considered by the board at its next regularly scheduled meeting. Supp. No. 40 181 § 2-264 ATLANTIC BEACH CODE (4) The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. (5) Neither the board nor any trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the fund, except that due to his or its own negligence, willful misconduct or lack of good faith. (6) The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. (7) The board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the fund which it may deem to be to the best interest of the fund to exercise. (8) The board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. (9) Where any action which the board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as trustee under this article, can reasonably be taken or performed only after receipt by it from a member, the city, or any other entity, of specific information, certification, direction or instructions, the board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. (10) Any overpayments or underpayments from the fund to a member, retiree or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board in such a manner that the actuarial equivalent of the benefit to which the member, retiree or beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the fund in a prudent manner. Overpayments to a deceased retiree, beneficiary or joint annuitant of less than one (1) monthly payment resulting from the death of the retiree, beneficiary or joint annuitant shall not be recouped. Supp. No. 40 182 ADMINISTRATION § 2-266 (11) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for herein. (12) In any application to or proceeding or action in the courts, only the board shall be a necessary party, and no member or other person having an interest in the fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. (13) Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said fund shall always remain in the board. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-265. Contributions. (a) Member contributions. (1) Amount. Each member of the system shall be required to make regular contributions to the fund in the amount of five (5) percent of his salary. Effective on June 23, 2013, each member shall be required to make regular contributions to the fund in the amount of six (6) percent of his salary. Member contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated as employer contributions pursuant to section 414(h) of the IRC. Such designation is contingent upon the contributions being excluded from the members' gross income for Federal Income Tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. (2) Method. Such member contributions shall be made by payroll deduction. (b) City contributions. So long as this system is in effect, the city shall make at least quarterly contributions to the fund in an amount equal to the required city contribution, as shown by the applicable actuarial valuation of the system. (c) Other. Private donations, gifts and contributions may be deposited to the fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for members, as determined by the board, and may not be used to reduce what would have otherwise been required city contributions. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-266. Benefit amounts and eligibility. (a) Normal retirement date. A member's normal retirement date shall be the first day of the month coincident with, or next following the attainment of age sixty (60) and the completion of five (5) years of credited service. Supp. No. 40 183 § 2-266 ATLANTIC BEACH CODE A member may retire on his normal retirement date or on the first day of any month thereafter, and each member shall become one hundred (100) percent vested in his accrued benefit on the member's normal retirement date. Normal retirement under the system is retirement from employment with the city on or after the normal retirement date. (b) Normal retirement benefit. A member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his retirement and be continued thereafter during member's lifetime and ceasing upon death. The monthly retirement benefit shall equal: (1) For members hired before April 24, 2005, two and eighty-five one -hundredths (2.85) percent of average final compensation, for each year of credited service; (2) For members hired on or after April 24, 2005, two and one-half (2.5) percent of average final compensation, for each year of credited service. (c) Early retirement date. A member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty-five (55) and the completion of five (5) years of credited service. Early retirement under the system is retirement from the city on or after the early retirement date and prior to the normal retirement date. (d) Early retirement benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: (1) A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date determined based upon his actual years of credited service and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date, determined based upon his actual years of credited service, except that credited service and average final compensation shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on his early retire- ment date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in subparagraph (b) above, and is actuarially reduced from the amount to which he would have been entitled had he retired on the date which would have been his normal retirement date determined based on his actual years of credited service as a general employee and with the same number of years of credited service as at the time his benefits commence and based on his average final compensation at that date. (e) Required distribution date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member terminates employment with the city. (Ord. No. 58-13-37, § 1, 6-10-13) Supp. No. 40 184 ADMINISTRATION § 2-267 Sec. 2-267. Pre -retirement death. (a) Prior to eligibility for retirement. The beneficiary of a deceased member who was not receiving monthly benefits or who was not yet vested (less than five (5) years of credited service or eligible for early or normal retirement shall receive a refund of one hundred (100) percent of the member's accumulated contributions. (b) Deceased members vested or eligible for retirement. In the event a vested member five (5) years of credited service dies prior to retirement, a pre -retirement death benefit shall be paid as follows: (1) Deceased members with a designated beneficiary who is not a surviving spouse or child. This subsection (1) applies only when the member's spouse and/or children is/are not the beneficiary or beneficiaries, in which case subsection (2) below applies, but there is a surviving designated beneficiary. The designated beneficiary shall be entitled to a benefit as follows: a. A pension benefit computed according to subsection 2-266(b)and calculated as if the member had selected the one hundred (100) percent joint and survivor option computed in accordance with subsection 2-270(a)(2), and had retired the day preceding his death, notwithstanding that the member may not have satisfied the conditions for retirement. b. A beneficiary may not elect an optional form of benefit, however the board may elect to make a lump sum payment pursuant to subsection 2-270(g). c. If a surviving beneficiary commences receiving a benefit under paragraph a. above, but dies before all payments are made, unless otherwise provided for herein, the actuarial value of the remaining benefit will be paid to the surviving beneficiary's estate by December 31 of the calendar year of the beneficiary's death in a lump sum. d. The Uniform Lifetime Table in Treasury Regulations § 1.401(a)(9)-9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations. (2) Deceased members with surviving spouse and/or children. This subsection (2) applies only when the member's spouse and/or child(ren) are the designated beneficiary or beneficiaries or the deceased member failed to designate a beneficiary, and leaves a surviving spouse and/or child(ren). Under these circumstances, the surviving spouse and/or child(ren) shall be entitled to a benefit as follows: a. If the deceased member is not vested at the time of his death, his surviving spouse or his child or children (equally), if he leaves no surviving spouse, shall receive a benefit equal to the benefit provided for in [subsection] (a) above. b. If the deceased member is vested at the time of his death, his surviving spouse and/or child(ren) shall receive a benefit as follows: 1. The surviving spouse shall be paid a pension equal to the greater of the benefit provided for in [subsection] (b)(1)a. above or seventy-five (75) percent Supp. No. 40 185 § 2-267 ATLANTIC BEACH CODE of the amount of the life only pension benefit computed in accordance with subsection 2-266(b), based on the deceased member's final average compen- sation and credited service at the time of death. A surviving spouse's pension shall terminate upon death. The surviving spouse of any deceased member shall not lose the survivor retirement benefits if the spouse remarries. 2. The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution, shall each be paid an equal share of a percentage of the retiree's life only pension benefit computed in accordance with subsec- tion 2-266(b), based on the deceased member's final average compensation and credited service at the time of death. The percent shall be zero (0) percent during periods that a pension is being paid to the surviving spouse in accordance with the provisions of paragraph 1, and fifty (50) percent during periods a pension is not being paid to the surviving spouse. A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen (19) years but less than twenty-three (23) years, when no longer being enrolled as a full-time student in an educational institution, or upon marriage or death, and the pension of each remaining eligible child shall be recomputed. c. Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained [age] seventy and one-half (701/2). (3) Failure to designate a beneficiary, no surviving beneficiary and no surviving spouse or children. If a deceased vested member or retiree failed to name a beneficiary in the manner prescribed in section 2-271, or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree and the member or retiree leaves no surviving spouse and/or child(ren), the death benefit which shall be payable as a lump sum to the estate of member or retiree shall be the actuarial equivalent of the member's accrued benefit as of the date of death and the member's entire interest must be distributed to the estate by December 31 of the calendar year containing the fifth anniversary of the member's death. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-268. Disability. (a) Disability benefits. Any member who has accrued five (5) or more years of credited service, who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a general employee, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to two and eighty-five one -hundredths (2.85) Supp. No. 40 186 ADMINISTRATION § 2-268 percent of his average final compensation multiplied by the total years of credited service for members hired before April 24, 2005, and two and one-half (2.5) percent of his average final compensation multiplied by the total years of credited service for members hired on or after April 24, 2005. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within ninety (90) days after termination. (b) Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the board, that such disability was not occasioned primarily by: (1) Excessive or habitual use of any drugs, intoxicants or narcotics. (2) Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. (3) Injury or disease sustained while committing a crime. (4) Injury or disease sustained while serving in any branch of the Armed Forces. (5) Injury or disease sustained after his employment as a general employee with the City of Atlantic Beach shall have terminated. (6) Willful, wanton or intentional misconduct or gross negligence of the member. (7) Injury or disease sustained by the member while working for anyone other than the city and arising out of such employment. (8) A condition pre-existing the general employee's membership in the system. No member shall be entitled to a disability pension, because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the system, provided that such pre-existing condition and its relation- ship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a member who, after membership in the system, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. (c) Physical examination requirement. A member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. The board shall not select the member's treating physician or surgeon for this purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so. Any retiree receiving disability benefits under provisions of this article may be required by the board to submit sworn statements of his condition accompanied by a physician's statement (provided at the retiree's expense) to the board annually and may be required by the board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has Supp. No. 40 187 § 2-268 ATLANTIC BEACH CODE ceased to exist. If a retiree refuses to submit to such examination, the retiree's disability benefit shall be suspended until such time as the retiree submits to the examination. If the board finds that the retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a general employee, the board shall recommend to the city that the retiree be returned to performance of duty as a general employee, and the retiree so returned shall enjoy the same rights that he had at the time he was placed upon. In the event the retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the member claiming or the retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the fund. If the retiree recovers from disability and reenters the service of the city as a general employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the city will not be considered as credited service for the purposes of the system. The board shall have the power and authority to make the final decisions regarding all disability claims. (d) Disability payments. The monthly benefit to which a member is entitled in the event of the member's disability retirement shall be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable as of the date the board determined such entitlement, retroactive to the date of application or the last day on payroll, whichever is later, and any retroactive benefit amount shall be paid together with the first payment. The last payment will be: (1) If the retiree recovers from the disability, the payment paid preceding the date of such recovery, or (2) If the retiree dies without recovering from disability, the payment received preceding his death. Provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in section 2-270, subsection (a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of benefit. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-269. Vesting. If a member terminates his employment as a general employee, either voluntarily or by discharge, and is not eligible for any other benefits under this system, the member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the member's credited service, average final compensation and the benefit accrual rate as of the date of termination, payable to him commencing at Supp. No. 40 188 ADMINISTRATION § 2-270 member's otherwise normal or early retirement date, determined based upon his actual years of credited service, provided he does not elect to withdraw his accumulated contributions and provided the member survives to his otherwise normal or early retirement date. If the member does not withdraw his accumulated contributions and does not survive to his otherwise normal or early retirement date, his designated beneficiary shall be entitled to a benefit as provided herein for a deceased member, vested or eligible for retirement under section 2-267, pre -retirement death. The member may, in lieu of the benefit provided for above, elect to receive a refund of his accumulated contributions. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-270. Optional forms of benefits. (a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement (payable for life only) as specified herein, a member, upon written request to the board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one (1) of the following options: (1) A retirement income of a monthly amount payable to the retiree for his lifetime, but with one hundred twenty (120) payments guaranteed in any event. (2) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (662/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A -2 of 1.401(a)(9)-6) (3) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (662/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. However, in the event the person designated by the retiree predeceases the retiree, the monthly benefit shall increase to the amount payable under the standard normal form of payment for the remaining lifetime of the retiree. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A -2 of 1.401(a)(9)-6) (4) If a member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the Supp. No. 40 188.1 § 2-270 ATLANTIC BEACH CODE entire period of retirement. The amounts payable shall be as recommended by the actuaries for the system, based upon the social security law in effect at the time of the member's retirement. (5) For members who do not participate in the drop pursuant to section 2-286, the member may elect a percentage of benefit in a lump sum as follows: a. Ten (10) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety (90) percent paid under the normal form or as per [subsections] (a)(1), (2) or (3) above. b. Fifteen (15) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty-five (85) percent paid under the normal form or as per [subsections] (a)(1), (2) or (3) above. c. Twenty (20) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty (80) percent paid under the normal form or as per [subsections] (a)(1), (2) or (3) above. d. Twenty-five (25) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining seventy-five (75) percent paid under the normal form or as per [subsections] (a)(1), (2) or (3) above. (b) The member, upon electing any option of this section, will designate the joint pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the system in the event of member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one (1) or more primary beneficiaries where applicable. If a member has elected an option with a joint pensioner or beneficiary and member's retirement income benefits have commenced, the nieuibei clay tiieieaftei change ins uesignated beileuciaiy aL any lime, but may only change his joint pensioner if the designated joint pensioner and the member were married at the time of member's retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. (c) The consent of a member's or retiree's joint pensioner or beneficiary to any such change shall not be required. The rights of all previously -designated beneficiaries to receive benefits under the system shall thereupon cease. (d) Upon change of a retiree's joint pensioner in accordance with this section, the amount of the retirement income payable to the retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint pensioner and the retiree. Any such retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing and notarized on a form prepared by the board and on completion will be filed with the board. In the event that no designated beneficiary survives the retiree, such benefits as are payable in the event of the death of the retiree subsequent to his retirement shall be paid as provided in section 2-271. Supp. No. 40 188.2 ADMINISTRATION § 2-270 (e) Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: (1) If a member or person eligible for a benefit dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under section 2-267. (2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the system, the option elected will be canceled automati- cally and a retirement income of the normal form and amount will be payable to the member upon his retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the member prior to his retirement. (3) If both the retiree and the beneficiary (or beneficiaries) designated by member or retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection (a), the board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with section 2-271. (4) If a member continues beyond his normal retirement date pursuant to the provisions of section 2-266, subsection (a), and dies prior to his actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the member in the amount or amounts computed as if the member had retired under the option on the date on which his death occurred. (5) The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member terminates employment with the city. (f) A retiree may not change his retirement option after the date of cashing or depositing his first retirement check. (g) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of the monthly income payments to be paid do not exceed one thousand dollars ($1,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. (Ord. No. 58-13-37, § 1, 6-10-13) Supp. No. 40 188.3 § 2-271 ATLANTIC BEACH CODE Sec. 2-271. Beneficiaries. (a) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such member or retiree by signing and filing with the board a new designation -of -beneficiary form. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the system shall cease. (b) If a deceased member or retiree failed to name a beneficiary in the manner prescribed in subsection (a), or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree, the death benefit, if any, which may be payable under the system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree and the board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. (c) Any payment made to any person pursuant to this section shall operate as a complete discharge of all obligations under the system with regard to the deceased member and any other persons with rights under the system and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. (Ord. No. 58-13-37, § 1, 6-10-13) Sec 2-272. Claims procedures. (a) The board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("claimant"), including members, retirees, beneficiaries, or any person affected by a decision of the board. (b) The board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the board's claims procedures. The claimant may request in writing the issuance of subpoenas by the board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-273. Roster of retirees. The secretary of the board shall keep a record of all persons enjoying a pension under the provisions of this division in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the secretary shall keep a record of all members in such a manner as to show the name, address, date of employment and date of termination of employment. (Ord. No. 58-13-37, § 1, 6-10-13) Supp. No. 40 188.4 ADMINISTRATION § 2-274 Sec. 2-274. Maximum pension. (a) Basic limitation. Notwithstanding any other provisions of this system to the contrary, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be necessary to conform to the requirements of IRC section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in IRC section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in IRC section 415(b)(1)(A) one hundred sixty thousand dollars ($160,000.00), subject to the applicable adjustments in IRC section 415(b) and subject to any additional limits that may be specified in this system. For purposes of this section, "limitation year" shall be the calendar year. (b) Adjustments to basic limitation for form of benefit. (1) For a benefit paid in a form to which IRC section 417(e)(3) does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: a. The annual amount of the straight life annuity (if any) payable to the member under the plan commencing at the same annuity starting date as the form of benefit to the member; or b. The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the member, computed using a five -percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation section 1.417(e) -1(d)(2) (Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Rulings 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing IRC section 417(e)(3)(B)); or (2) For a benefit paid in a form to which IRC section 417(e)(3) applies (generally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest of: a. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using the interest rate and mortality table, or tabular factor, specified in the plan for actuarial experience; b. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using a 5.5 percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regu- Supp. No. 40 188.5 § 2-274 ATLANTIC BEACH CODE lation section 1.417(e) -1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing IRC section 417(e)(3)(B)); or c. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable interest rate for the distribution under Treasury Regulation section 1.417(e) -1(d)(3) (the 30 -year Treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after January 1, 2007, using the rate in effect for the first day of the plan year with a one-year stabilization period)) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation section 1.417(e) -1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in IRC section 417(e)(3)(B) (Notice 2008-85 or any subsequent Internal Revenue Service guid- ance implementing IRC section 417(e)(3)(B)), divided by 1.05. (c) Benefits not taken into account. For purposes of this section, the following benefits shall not be taken into account in applying these limits: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under section 415(b)(2) of the IRC and Regulations thereunder to be taken into account for purposes of the limitation of IRC section 415(b)(1). (d) COLA effect. Effective on and after January 1, 2003, for purposes of applying the limits under IRC section 415(b) (the "limit"), the following will apply: (1) A member's applicable limit will be applied to the member's annual benefit in the member's first calendar year of benefit payments without regard to any automatic cost of living adjustments; (2) Thereafter, in any subsequent calendar year, a member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the IRC section 415(b)(1)(A) dollar limit under IRC section 415(d), and the regulations thereunder; but (3) In no event shall a member's benefit payable under the system in any calendar year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to IRC section 415(d) and the regulations thereunder. Supp. No. 40 188.6 ADMINISTRATION § 2-274 Unless otherwise specified in the system, for purposes of applying the limits under IRC section 415(b), a member's applicable limit will be applied taking into consideration cost of living increases as required by section 415(b) of the IRC and applicable Treasury Regulations. (e) Other adjustments in limitations. (1) In the event the member's retirement benefits become payable before age sixty-two (62), the limit prescribed by this section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of IRC section 415(b) of the IRC, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000.00) annual benefit beginning at age sixty-two (62). (2) In the event the member's benefit is based on at least fifteen (15) years of credited service as a full-time employee of the police department of the city, the adjustments provided for in [subsection] (e)(1) above shall not apply. (3) The reductions provided for in [subsection] (e)(1) above shall not be applicable to disability benefits pursuant to section 2-268, or pre -retirement death benefits paid pursuant to section 2-267. (4) In the event the member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection (a) herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. (f) Less than ten (10) years of participation or service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service with the city shall be the amount determined under subsection (a) of this section multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below ten (10) percent of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre -retirement disability benefits paid pursuant to section 2-268, or pre- retirement death benefits paid pursuant to section 2-267. (g) Participation in other defined benefit plans. The limit of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in IRC section 414(j) maintained by the city shall apply as if the total benefits payable under all city defined benefit plans in which the member has been a member were payable from one (1) plan. (h) Ten thousand dollar ($10,000.00) limit; less than ten (10) years of service. Notwithstand- ing anything in this section 2-274, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection (h) of section 2-274 if the benefits payable, with respect to such member under this system and under all other qualified Supp. No. 40 188.7 § 2-274 ATLANTIC BEACH CODE defined benefit pension plans to which the city contributes, do not exceed ten thousand dollars ($10,000.00) for the applicable plan year and for any prior plan year and the city has not any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten (10) years of credited service with the city, the limit under this subsection (h) shall be a reduced limit equal to ten thousand dollars ($10,000.00) multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). (i) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. (j) Service credit purchase limits. (1) Effective for permissive service credit contributions made in limitation years begin- ning after December 31, 1997, if a member makes one (1) or more contributions to purchase permissive service credit under the system, as allowed in sections 2-283, and 2-284, then the requirements of this section will be treated as met only if: a. The requirements of IRC section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of IRC section 415(b), or b. The requirements of IRC section 415(c) are met, determined by treating all such contributions as annual additions for purposes of IRC section 415(c). c. For purposes of applying subparagraph (j)(1)a, the system will not fail to meet the reduced limit under IRC section 415(b)(2)(C) solely by reason of this subpara- graph (j)(1)c., and for purposes of applying subparagraph (j)(1)b., the system will not fail to meet the percentage limitation under section 415(c)(1)(B) of the IRC solely by reason of this subparagraph (j)(1)c. (2) For purposes of this subsection the term "permissive service credit" means service credit: a. Recognized by the system for purposes of calculating a member's benefit under the plan; b. Which such member has not received under the plan; and Supp. No. 40 188.8 ADMINISTRATION § 2-274 c. Which such member may receive only by making a voluntary additional contri- bution, in an amount determined under the system, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding clause (j)(2)b., may include service credited in order to provide an increased benefit for service credit which a member is receiving under the system. (3) For purposes of applying the limits in this subsection (j), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar year, except as noted below and as permitted by Treasury Regulations section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations section 1.415(c)-2, or successor regulation, is specified by the system, compensation will be defined as wages within the meaning of IRC section 3401(a) and all other payments of compen- sation to an employee by an employer for which the employer is required to furnish the employee a written statement under IRC sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under IRC section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in IRC section 3401(a)(2). a. However, for calendar years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under IRC sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of IRC section 132(f)(4). b. For limitation years beginning on and after January 1, 2007, compensation for the calendar year will also include compensation paid by the later of two and one-half (21/2) months after an employee's severance from employment or the end of the calendar year that includes the date of the employee's severance from employment if: 1. The payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employ- ment, the payments would have been paid to the employee while the employee continued in employment with the employer; or 2. The payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had contin- ued. Supp. No. 40 188.9 § 2-274 ATLANTIC BEACH CODE c. Back pay, within the meaning of Treasury Regulations section 1.415(c) -2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. (4) Notwithstanding any other provision of law to the contrary, the board may modify a request by a member to make a contribution to the system if the amount of the contribution would exceed the limits provided in IRC section 415 by using the following methods: a. If the law requires a lump sum payment for the purchase of service credit, the board may establish a periodic payment deduction plan for the member to avoid a contribution in excess of the limits under IRC sections 415(c) or 415(n). b. If payment pursuant to subparagraph (j)(4)a. will not avoid a contribution in excess of the limits imposed by IRC section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (5) If the annual additions for any member for a plan year exceed the limitation under section 415(c) of the code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). (6) For limitation years beginning on or after January 1, 2009, a member's compensation for purposes of this subsection (j) shall not exceed the annual limit under section 401(a)(17) of the code. (k) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-275. Minimum distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of IRC section Supp. No. 40 188.10 ADMINISTRATION § 2-275 401(a)(9) and the regulations in effect under that section, as applicable to a govern- mental plan within the meaning of IRC section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this section will take precedence over any inconsis- tent provisions of the plan. (3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this section other than this subsection (a)(3), distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to section 242(b)(2) of TEFRA. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member terminates employment with the city. (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age seventy and one-half (701/2), if later, as the surviving spouse elects. b. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. c. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a., will apply as if the surviving spouse were the member. For purposes of this subsection (b)(2). and subsection (e), distributions are considered to begin on the member's required beginning date or, if subsection Supp. No. 40 188.11 § 2-275 ATLANTIC BEACH CODE (b)(2)d. applies, the date of distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the date distributions actually commence. (3) Death after distributions begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. (4) Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the IRC and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in section 414(k) of the IRC will be distributed in a manner satisfying the requirements of section 401(a)(9) of the IRC and Treasury regulations that apply to individual accounts. (c) Determination of amount to be distributed each year. (1) General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the following requirements: a. The annuity distributions will be paid in periodic payments made at intervals not longer than one (1) year. b. The member's entire interest must be distributed pursuant to sections 2-266, 2-267, 2-269, or 2-270 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalcu- lated after the initial determination for purposes of determining benefits. (2) Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under section 2-266) is the payment that is required for one (1) payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of Supp. No. 40 188.12 ADMINISTRATION § 2-276 the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. (3) Additional accruals after first distribution calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of IRC section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation section 1.401(a)(9)-6, Q&A -2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in IRC section 401(a)(9)(G) and Treasury Regulation section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed twenty-five (25) percent of the cost for all of the members' benefits received from the retirement system. (e) Definitions. (1) Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a)(9) of the IRC and section 1.401(a)(9)-1, Q&A -4, of the Treasury Regulations. (2) Distribution calendar year: A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to section 2-266. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-276. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the City Commission of the City of Atlantic Beach which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. Supp. No. 40 188.13 § 2-276 ATLANTIC BEACH CODE (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the IRC for a qualified plan under IRC section 401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the require- ments of the applicable provisions of the IRC as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (d) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. (e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by IRC section 503(b). (f) USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by IRC section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting. (1) Member will be one hundred (100) percent vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and (2) A member will be one hundred (100) percent vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. (h) Electronic forms. In those circumstances where a written election or consent is not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treasury Regulations section 1.401(a)-21. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-277. Domestic relations orders; retiree directed payments; exemption from execution, non -assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic relations order which affects or purports to affect the system's responsibility in connection with the payment of benefits of a retiree, the member or retiree shall submit the proposed order to the board for review to determine whether the system may legally honor the order. (2) If a domestic relations order is not submitted to the board for review prior to entry of the order, and the system is ordered to take action that it may not legally take, and the Supp. No. 40 188.14 ADMINISTRATION § 2-279 system expends administrative or legal fees in resolving the matter, the member or retiree who submits such an order will be required to reimburse the system for its expenses in connection with the order. (b) Retiree directed payments. The board may, upon written request by a retiree or by a dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the city, and to make any payments for child support or alimony. (c) Exemption from execution, non -assignability. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this division and the accumulated contributions and the cash securities in the fund created under this division are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatso- ever and shall be unassignable. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-278. Pension validity. The board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this article if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this article be erroneously, improperly or illegally classified. Any overpay- ments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the board. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-279. Forfeiture of pension. (a) Any member who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this system, except for the return of his accumulated contributions without interest as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft by a public officer or employee from employer; (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in Chapter 838, Florida Statutes; Supp. No. 40 188.15 § 2-279 ATLANTIC BEACH CODE (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position; or (7) The committing on or after October 1, 2008, of any felony defined in F.S. § 800.04, against a victim younger than sixteen (16) years of age, or any felony defined in Chapter 794, Florida Statutes, against a victim younger than eighteen (18) years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position. (b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present his case against forfeiture. (d) Any member who has received benefits from the system in excess of his accumulated contributions after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received in excess of his accumulated contributions. The board may implement all legal action necessary to recover such funds. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-280. Indemnification. (a) To the extent not covered by insurance contracts in force from time to time, the city shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. Supp. No. 40 188.16 ADMINISTRATION § 2-281 (b) This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this section waive any provision of law affording the city immunity from any suit in whole or part, or waive any other substantive or procedural rights the city may have. (c) This section shall not apply nor shall the city be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-281. Direct transfers of eligible rollover distributions. (a) Rollover distributions. (1) General. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. a. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annu- ally) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated bene- ficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the IRC and the portion of any distribution that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includible in gross income as after-tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a); to an individual retirement annuity described in section 408(b); to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible; or on or after January 1, 2007, to a qualified defined benefit plan described in IRC section 401(a) or to an annuity contract described in IRC section 403(b), that agrees to separately account for amounts so transferred (and Supp. No. 40 188.17 § 2-281 ATLANTIC BEACH CODE earnings thereon), including separately accounting for the portion of the distri- bution that is includible in gross income and the portion of the distribution that is not so includible. b. Eligible retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the IRC; an individual retirement annuity described in section 408(b) of the IRC; an annuity plan described in section 403(a) of the IRC; effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the IRC which is maintained by an eligible employer described in section 457(e)(1)(A) of the IRC and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in section 403(b) of the IRC; a qualified trust described in section 401(a) of the IRC; or effective January 1, 2008, a Roth IRA described in section 408A of the IRC that accepts the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible rollover distribution to the surviving spouse. c. Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employ- ee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a nonspouse beneficiary who is a designated beneficiary as defined by IRC section 401(a)(9)(E). However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity. d. Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible member requested transfers of funds from other retirement or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: (1) Transfers and direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the IRC, from an annuity contract described in section 403(b) of the IRC or from an eligible plan under section 457(b) of the IRC which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. Supp. No. 40 188.18 ADMINISTRATION § 2-283 (2) Member rollover contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the IRC that is eligible to be rolled over. (3) Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this plan provides for a mandatory (involuntary) cash distribution from the plan not otherwise required by law, for an amount in excess of one thousand dollars ($1,000.00), such distribution shall be made from the plan only upon written request of the member and completion by the member of a written election on forms designated by the board, to either receive a cash lump sum or to rollover the lump sum amount. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-282. Family and Medical Leave Act. The fractional parts of the twelve-month period ending each March 1 that a member is on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA) shall be added to his credited service provided that: (1) The member contributes to the fund an actuarially determined amount so that the crediting of the purchased service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) The request for credited service for FMLA leave time for the twelve-month period prior to each March 1 and payment of professional fees shall be made on or before March 31. (3) Payment by the member of the required amount shall be made on or before April 30 for the preceding twelve-month period ending March 1 and shall be made in one (1) lump sum payment upon receipt of which credited service shall be issued. (4) Credited service purchased pursuant to this section shall not count toward vesting. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-283. Military service prior to employment. The years or fractional parts of years that a general employee serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the city shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined Supp. No. 40 188.19 § 2-283 ATLANTIC BEACH CODE such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which credited service shall be given or the member may elect to make payment for the requested credited service over a period of time as provided for in paragraph (6) below. (4) The maximum credit under this section shall be five (5) years. (5) Credited service purchased pursuant to this section shall count for all pension purposes, except vesting and eligibility for not -in-line of duty disability benefits. (6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph (1) above. b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the litailbef of years being purchased and shall be reamortized annually if necessary to reflect changes in the interest rate provided for in subparagraph (6)c. below. c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into the deferred retirement option plan (DROP)) or otherwise terminates his employment, with- out having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts Supp. No. 40 188.20 ADMINISTRATION § 2-284 he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him including all interest paid. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-284. Prior government service. Unless otherwise prohibited by law, the years or fractional parts of years that a general employee who was previously a member, but who terminated employment and received a refund of his contributions or who terminated employment and is not otherwise entitled to credited service for such previous period of employment as a general employee, or the years or fractional parts of years that a member previously served as an employee for any governmen- tal agency in the United States, including but not limited to, federal, state or local government service, and for which he does not otherwise qualify for and receive credit under this system, shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which credited service shall be given or the member may elect to make payment for the requested credited service over a period of time as provided for in paragraph (6) below. (4) The maximum credit under this section for service other than with the city of shall be five (5) years of credited service and shall count for all pension purposes, except vesting and eligibility for disability benefits. There shall be no maximum purchase of credit for prior service with the City of Atlantic Beach and such credit shall count for all pension purposes, including vesting. (5) In no event, however, may credited service be purchased pursuant to this section for prior service with any other governmental agency, if such prior service forms or will form the basis of a retirement benefit or pension from a different employers' retirement system or plan as set forth in subsection 2-274(k)(2). (6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided Supp. No. 40 188.21 § 2-284 ATLANTIC BEACH CODE for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph (1) above. b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the number of years being purchased and shall be reamortized annually if necessary to reflect changes in the interest rate provided for in subparagraph (6)c. below. c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into the deferred retirement option plan (DROP)) or otherwise terminates his employment, with- out having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him, including all interest paid. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-285. Reemployment after retirement. (a) [Generally.] Any retiree who is retired under this system, except for disability retire- ment as previously provided for, may be reemployed by any public or private employer, except the city, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this system. Reemployment by the city shall be subject to the limitations set forth in this section. (b) After normal retirement. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the city after that retirement shall be ineligible to participate in this system and shall, during the period of such reemployment, continue to receive retirement benefits previously earned. (c) After early retirement. Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity shall be ineligible to participate in this system and shall discontinue receipt of benefits from the Supp. No. 40 188.22 ADMINISTRATION § 2-286 system. Pension benefit payments shall be suspended for the period of any such reemployment, but shall be restored upon the earlier of termination of employment or such time as the reemployed retiree reaches the date that he would have been eligible for normal retirement under this system had he continued employment and not elected early retirement. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the system at the time of retirement. (d) Reemployment of terminated vested persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (e) DROP participants. Members or retirees who are or were in the deferred retirement option plan shall, following termination of employment after DROP participation shall be subject to the above restrictions. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-286. Deferred retirement option plan. (a) Definitions. As used in this section 2-286, the following definitions apply: (1) DROP. The City of Atlantic Beach General Employees' Retirement System Deferred Retirement Option Plan. (2) DROP account. The account established for each DROP participant under subsection (c). (b) Participation. (1) Eligibility to participate. In lieu of terminating his employment as a general employee, any member who is eligible for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to participate. A member's election to participate in the drop must be made in writing in a time and manner determined by the board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the board. (3) Period of participation. A member who elects to participate in the DROP under subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the city not later than the date provided for in the previous sentence. A member may participate only once. Supp. No. 40 188.23 § 2-286 ATLANTIC BEACH CODE (4) Termination of participation. a. A member's participation in the DROP shall cease at the earlier of: 1. The end of his permissible period of participation in the DROP as deter- mined under subsection (b)(3); or 2. Termination of his employment as a general employee. b. Upon the member's termination of participation in the DROP, pursuant to subsection (b)(4)a.l. above, all amounts provided for in subsection (c)(2), includ- ing monthly benefits and investment earnings and losses, shall cease to be transferred from the system to his DROP account. Any amounts remaining in his DROP account shall be paid to him in accordance with the provisions of subsection (d) when he terminates employment as a general employee. c. A member who terminates his participation in the DROP under this subsection (b)(4) shall not be permitted to again become a participant in the DROP. (5) Effect of DROP participation on the system. a. A member's credited service and his accrued benefit under the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating his average final compensation shall include an amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal or early retirement and not elected DROP participation. Member contri- butions attributable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any additional benefits provided under any cost -of li`viiig adjustment rot tetitees in the sybLeni) while he is a participant in the DROP. After a member commences participation, he shall not be permitted to again contribute to the system nor shall he be eligible for disability or pre -retirement death benefits, except as provided for in section 2-285, reemployment after retirement. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member's participation in the DROP is terminated other than by terminating his employ- ment as a general employee, no amounts shall be paid to him from the system until he terminates his employment as a general employee. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP account shall be paid directly to the member only on the termination of his employment as a general employee. (c) Funding. (1) Establishment of DROP account. A DROP account shall be established for each member participating in the DROP. A member's DROP account shall consist of amounts transferred to the DROP under subsection (c)(2), and earnings or losses on those amounts. Supp. No. 40 188.24 ADMINISTRATION § 2-286 (2) Transfers from retirement system. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his employment as a general employee and elected to receive monthly benefit payments thereunder shall be transferred to his DROP account, except as otherwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his employment as a general employee. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP account under this subsection (c)(2) shall be debited or credited after each fiscal year quarter with earnings, determined as follows: The average daily balance in a member's DROP account shall be credited or debited at a rate equal to the net investment return realized by the system for that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the member's DROP account is invested by the board net of brokerage commissions, transaction costs and management fees. c. A member's DROP account shall only be credited or debited with earnings or losses and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon termination of participation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distribution. If a member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employment following the last month of the permissible period of DROP participation, the member's DROP account will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the city. A member employed by the city after the permissible period of DROP participation will still not be eligible for pre- retirement death and disability benefits, and will not accrue additional credited service except as provided for in section 2-286, reemployment after retirement. (d) Distribution of DROP accounts on termination of employment. (1) Eligibility for benefits. A member shall receive the balance in his drop account in accordance with the provisions of this subsection (d) upon his termination of employ- ment as a general employee. Except as provided in subsection (d)(5), no amounts shall be paid to a member from the DROP prior to his termination of employment as a general employee. Supp. No. 40 188.25 § 2-286 ATLANTIC BEACH CODE (2) Form of distribution. a. Unless the member elects otherwise, distribution of his DROP account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection (d)(6). Elections under this paragraph shall be in writing and shall be made in such time or manner as the board shall determine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP account shall be paid to his beneficiary in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP account shall be distributed to the member's estate. (3) Date of payment of distribution. Except as otherwise provided in this subsection (d), distribution of a member's DROP account shall be made as soon as administratively practicable following the member's termination of employment. Distribution of the amount in a member's DROP account will not be made unless the member completes a written request for distribution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of death and right of beneficiary or other person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution limitation. Notwithstanding any other provision of subsection (d), all distributions from the DROP shall conform to the "minimum distribution of benefits" provisions as provided for herein. (6) Direct rollover of certain distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the system in section 2-281. (e) Administration of DROP. (1) Board administers the DROP. The general administration of the DROP, the responsi- bility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members of the board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one (1) or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted Supp. No. 40 188.26 ADMINISTRATION § 2-286 to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to himself. (2) Individual accounts, records and reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the IRC and any other applicable laws. (3) Establishment of rules. Subject to the limitations of the DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General provisions. (1) Amendment of DROP. The DROP may be amended by an ordinance of the city at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP'S funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP account of any member. Supp. No. 40 188.27 § 2-286 ATLANTIC BEACH CODE (2) Facility of payment. If a member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. (3) Information. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the board the information that it shall require to establish his rights and benefits under the DROP. (4) Prevention of escheat. If the board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the board or the city. If such person has not made written claim therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice from counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system. Upon such cancellation, the system shall have no further liability therefor except that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions of the DROP. (5) Written elections, notification. a. Any elections, notifications or designations made by a member pursuant to the provisions of the DROP shall be made in writing and filed with the board in a time and manner determined by the board under rules uniformly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. b. Each member or retiree who has a DROP account shall be responsible for furnishing the board with his current address and any subsequent changes in his address. Any notice required to be given to a member or retiree hereunder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks, advices and direct deposit of funds will be suspended until such time as the member or retiree notifies the board of his address. Supp. No. 40 188.28 ADMINISTRATION § 2-300 (6) Benefits not guaranteed. All benefits payable to a member from the drop shall be paid only from the assets of the member's DROP account and neither the city nor the board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. (7) Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. b. The titles and headings of the subsections in this section 2-286 are for conve- nience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. (8) Forfeiture of retirement benefits. Nothing in this section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the system. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (9) Effect of DROP participation on employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. (Ord. No. 58-13-37, § 1, 6-10-13) Secs. 2-287-2-299. Reserved. DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM* Sec. 2-300. Definitions. (a) [Definitions.] As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated contributions means a member's own contributions with interest compounded annually on October 1 of each year based on the two-year Treasury Rate as of October 1 of each year plus interest at the same rate payable through the date of termination of employment. For those members who purchase credited service with interest or at no cost to the system, any payment representing the amount attributable to member contributions based on the applicable member contribution rate, and any payment representing interest and any required *Editor's note—Section 1 of Ord. No. 58-13-36, adopted June 10, 2013, amended Div. 4 in its entirety, in effect repealing §§ 2-300-2-310.28, and enacting similar new provisions in lieu thereof as §§ 2-300-2-310.18. Formerly, such provisions derived from Ord. No. 58-99-26, § 2, adopted July 10, 2000; Ord. No. 58-01-28, § 2, adopted Oct. 8, 2001; Ord. No. 58-04-29, adopted March 8, 2004; Ord. No. 58-07-32, § 1, adopted Sept. 10, 2007; and Ord. No. 58-08-33, § 1, adopted Aug. 11, 2008. Supp. No. 40 188.29 § 2-300 ATLANTIC BEACH CODE actuarially calculated payments for the purchase of such credited service shall be included in accumulated contributions, with interest. Interest shall accrue only during periods of active employment. Actuarial equivalent means a benefit or amount of equal value, based upon the RP -2000 Combined Healthy Male Generational Mortality Table projected by Scale AA, and an interest rate of eight (8) percent per annum. This definition may only be amended by the city pursuant to the recommendation of the board using assumptions adopted by the board with the advice of the plan's actuary, such that actuarial assumptions are not subject to city discretion. Average final compensation means one -twelfth (1/12) of the average salary of the five (5) best years of the last ten (10) years of credited service prior to retirement, termination, or death, or the career average as a full-time police officer, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect, or if no person so designated is living, at the time of death of the member, the beneficiary shall be the estate of the member. Board means the board of trustees, which shall administer and manage the system herein provided and serve as trustees of the fund. City means City of Atlantic Beach, Florida. Credited service means the total number of years and fractional parts of years of service as a police officer with member contributions, when required, omitting intervening years or fractional paris of years when such member was not employed by the city as a police officer. A member may voluntarily leave his accumulated contributions in the fund for a period of five (5) years after leaving the employ of the police department pending the possibility of being reemployed as a police officer, without losing credit for the time that he was a member of the system. If a vested member leaves the employ of the police department, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a police officer with the police department within five (5) years, his accumulated contributions, if one -thousand dollars ($1,000.00) or less shall be returned. If a member who is not vested is not reemployed within five (5) years, his accumulated contribu- tions, if more than one -thousand dollars ($1,000.00), will be returned only upon the written request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the board. Upon return of a member's accumulated contributions, all of his rights and benefits under the system are forfeited and terminated. Upon any reemployment, a police officer shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his accumulated contributions from the fund, unless the police officer repays into the fund the contributions he has withdrawn, with interest, as determined by the board, within ninety (90) days after his reemployment. Supp. No. 40 188.30 ADMINISTRATION § 2-300 The years or fractional parts of a year that a member performs "qualified military service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the uniformed services employment and Reemployment Rights Act (USERRA) (P.L. 103-353), after separation from employment as a police officer with the city to perform training or service, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member is entitled to reemployment under the provisions of USERRA. (2) The member returns to his employment as a police officer within one year from the earlier of the date of his military discharge or his release from active service, unless otherwise required by USERRA. (3) The maximum credit for military service pursuant to this paragraph shall be five (5) years. (4) This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1, 2007, while performing USERRA qualified military service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by section 414(u)(12) of the code, an individual receiving differential wage payments (as defined under section 3401(h)(2) of the code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Effective date means the date on which this article becomes effective. Fund means the trust fund established herein as part of the system. IRC means the Internal Revenue Code of 1986, as amended from time to time. Member means an actively employed police officer who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amend- ments to the system adopted by city ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan year means the twelve-month period beginning October 1 and ending September 30 of the following year. Police officer means an actively employed full-time person, employed by the city, including his initial probationary employment period, who is certified as a police officer as a condition of employment in accordance with the provisions of F.S. § 943.1395, who is vested with authority Supp. No. 40 188.31 § 2-300 ATLANTIC BEACH CODE to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Florida. Retiree means a member who has entered retirement status. Retirement means a member's separation from city employment with eligibility for imme- diate receipt of benefits under the system or entry into the deferred retirement option plan. Salary means the total compensation for services rendered to the city as a police officer reportable on the member's W-2 form plus all tax deferred, tax sheltered, or tax exempt items of income derived from elective employee payroll deductions or salary reductions. Compensa- tion shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness, and will also include incentive pay as defined in F.S. § 943.22. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a special detail work performed on behalf of a second party employer or any other item not specifically included. For service earned after February 26, 2013, (the "effective date"), salary shall not include more than three hundred. (300) hours of overtime per calendar year. Provided however, in any event, payments for overtime in excess of three hundred (300) hours per year accrued as of the effective date and attributable to service earned prior to the effective date, may still be included in salary for pension purposes even if the payment is not actually made until on or after the effective date. Compensation in excess of the limitations set forth in section 401(a)(17) of the IRC as of the first day of the plan year shall be disregarded for any purpose, including employee contribu- tions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any plan year beginning on or after January 1, 2002, may not exceed two hundred thousand dollars ($200,000.00), as adjusted for cost -of -living increases in accordance with IRC section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost -of -living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than twelve (12) months, the annual compensation limit is an amount equal to the otherwise applicable annual compensa- tion limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is twelve (12). If the compensation for any prior determination period is taken into account in determining a member's contributions or benefits for the current plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a member before the first plan year beginning after December 31, 1995. Supp. No. 40 188.32 ADMINISTRATION § 2-302 Spouse means the lawful wife or husband of a member or retiree at the time benefits become payable. System means the City of Atlantic Beach Police Officers' Retirement System as contained herein and all amendments thereto. (b) Masculine gender The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-301. Membership. Conditions of eligibility. All police officers as of the effective date, and all future new police officers, shall become members of this system as a condition of employment. Notwithstanding the previous sentence, the police chief may, within sixty (60) days of appointment as police chief, notify the board and the city, in writing, of his election to not be a member of the system. In the event of any such election, he shall be barred from future membership in the system and any vested accrued benefit shall be retained and paid when otherwise payable herein, or contributions made after employment and prior to opting out shall be refunded. Thereafter, contributions to the plan in accordance with section 2-304 shall not be required, he shall not be eligible to be elected as a member trustee on the board or vote for a member trustee and shall not be eligible for any other benefits from the plan. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-302. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article is hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two (2) of whom shall be members of the system, who shall be elected by a majority of the police officers who are members of the system. The fifth trustee shall be chosen by a majority of the previous four (4) trustees as provided for herein, and such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic Beach City Commission shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees appointed or elected as herein provided and shall serve a four-year term unless he sooner vacates the office. Each resident trustee shall serve as trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee for a period of four (4) years, unless he sooner leaves the employment of the city as a police officer or otherwise vacates his office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed himself in office. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the Supp. No. 40 188.33 § 2-302 ATLANTIC BEACH CODE nominating and election procedures for each election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibil- ities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. (c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of F.S. § 112.3143. (d) The board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. In the event the board chooses to use the city's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the board. (e) The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) To construe the provisions of the system and determine all questions arising thereun- der. (`.) To determine all cinections relating to eligihility and mernhershi (3) To determine and certify the amount of all retirement allowances or other benefits hereunder. (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system. (5) To distribute to members, at regular intervals, information concerning the system. (6) To receive and process all applications for benefits. (7) To authorize all payments whatsoever from the fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and fund. (8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system. (9) To perform such other duties as are required to prudently administer the system. (Ord. No. 58-13-36, § 1, 6-10-13) Supp. No. 40 188.34 ADMINISTRATION § 2-303 Sec. 2-303. Finances and fund management. Establishment and operation of fund. (a) As part of the system, there is hereby established the fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system, including the assets of the prior police officers' retirement system. (b) The actual custody and supervision of the fund (and assets thereof) shall be vested in the board. Payment of benefits and disbursements from the fund shall be made by the disbursing agent but only upon written authorization from the board. (c) All funds of the police officers' retirement system may be deposited by the board with the finance director of the city, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the city. However, any funds so deposited with the finance director of the city shall be kept in a separate fund by the finance director or clearly identified as such funds of the police officers' retirement system. In lieu thereof, the board shall deposit the funds of the police officers' retirement system in a qualified public depository as defined in F.S. § 280.02, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as pre- scribed by the board, in the investment of all fund assets. (d) All funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries as regards the following: (1) Current amounts of accumulated contributions of members on both an individual and aggregate account basis; and (2) Receipts and disbursements; and (3) Benefit payments; and (4) Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the city; and (5) All interest, dividends and gains (or losses) whatsoever; and (6) Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (e) An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the system showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must Supp. No. 40 188.35 § 2-303 ATLANTIC BEACH CODE be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. (f) The board shall have the following investment powers and authority: (1) The board shall be vested with full legal title to said fund, subject, however, and in any event to the authority and power of the Atlantic Beach City Commission to amend or terminate this fund, provided that no amendment or fund termina- tion shall ever result in the use of any assets of this fund except for the payment of regular expenses and benefits under this system, except as otherwise provided herein. All contributions from time to time paid into the fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the fund and the board shall not he required to segregate or invest separately any portion of the fund. (2) All monies paid into or held in the fund shall be invested and reinvested by the board and the investment of all or any part of such funds shall be subject to the following: a. Notwithstanding any limitation provided for in Chapter 185, Florida Statutes, to the contrary (unless such limitation may not be amended by local ordinance) or any limitation in prior city ordinances to the contrary, all monies paid into or held in the fund may be invested and reinvested in such securities, investment vehicles or property wherever situated and of what- ever kind, as shall be approved by the board, including but not limited to common or preferred stocks, bonds, and other evidences of indebtedness or ownership. In no event, however, shall more than twenty-five (25) percent of the assets of the fund at market value be invested in foreign securities. b. The board shall develop and adopt a written investment policy statement setting forth permissible types of investments, goals and objectives of investments and setting quality and quantity limitations on investments in accordance with the recommendations of its investment consultants. The investment policy statement shall be reviewed by the board at least annually. c. In addition, the board may, upon recommendation by the board's investment consultant, make investments in group trusts meeting the requirements of Internal Revenue Service Revenue Ruling 81-100 and Revenue Ruling 2011-1 or successor rulings or guidance of similar import, and operated or maintained exclusively for the commingling and collective investment of monies, provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under section 401(a) of the code, individual retirement accounts that are exempt under section 408(e) of the code, eligible governmental plans that meet the requirements of section 457(b) of the code, and governmental plans under 401(a)(24) of the code. For Supp. No. 40 188.36 ADMINISTRATION § 2-303 this purpose, a trust includes a custodial account that is treated as a trust under section 401(f) or under section 457(g)(3) of the code. While any portion of the assets of the fund are invested in such a group trust, such group trust is itself adopted as a part of the system or plan. (3) At least once every three (3) years, and more often as determined by the board, the board shall retain a professionally qualified independent consultant, as defined in F.S. § 185.06, to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the board at its next regularly scheduled meeting. (4) The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. (5) Neither the board nor any trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the fund, except that due to his or its own negligence, willful misconduct or lack of good faith. (6) The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. (7) The board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations, and similar trans- actions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the fund which it may deem to be to the best interest of the fund to exercise. (8) The board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. (9) Where any action which the board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as trustee under this article, can reasonably be taken or performed only after receipt by it from a member, the city, or any other entity, of Supp. No. 40 188.37 § 2-303 ATLANTIC BEACH CODE specific information, certification, direction or instructions, the board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. (10) Any overpayments or underpayments from the fund to a member, retiree or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board in such a manner that the actuarial equivalent of the benefit to which the member, retiree or beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpay- ments shall be made up from the fund in a prudent manner. Overpayments to a deceased retiree, beneficiary or joint annuitant of less than one (1) monthly payment resulting from the death of the retiree, beneficiary or joint annuitant shall not be recouped. (11) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for herein. (12) In any application to or proceeding or action in the courts, only the board shall be a necessary party, and no member or other person having an interest in the fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. (13) Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said fund shall always remain in the board. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-304. Contributions. (a) Member contributions. (1) Amount. Each member of the system shall be required to make regular contributions to the fund in the amount of six (6) percent of his salary beginning with the first full pay period following the effective date of the ordinance amending this subsection, seven (7) percent of his salary effective October 1, 2013, and eight (8) percent of his salary effective October 1, 2014. Member contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated as employer contributions pursuant to section 414(h) of the IRC. Such designation is contingent upon the contributions being excluded from the members' gross income for Federal Income Tax purposes. For all other purposes of the system, such contributions shall be considered to be member contributions. (2) Method. Such contributions shall be made by payroll deduction. Supp. No. 40 188.38 ADMINISTRATION § 2-305 (b) State contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for police officers of the city shall be deposited in the fund comprising part of this system immediately and under no circumstances more than five (5) days after receipt by the city. (c) City contributions. So long as this system is in effect, the city shall make at least quarterly contributions to the fund in an amount equal to the required city contribution as shown by the applicable actuarial valuation of the system. (d) Other. Private donations, gifts and contributions may be deposited to the fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. funds arising from these sources may be used only for additional benefits for members, as determined by the board, and may not be used to reduce what would have otherwise been required city contributions. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-305. Benefit amounts and eligibility. (a) Normal retirement date. For members hired before January 1, 2013, a member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty (50) and the completion of twenty (20) years of credited service, the attainment of age fifty-five (55) and the completion of ten (10) years of credited service, the completion of twenty-five (25) years of credited service regardless of age, or the attainment of age sixty (60) and the completion of five (5) years of credited service. For members hired on or after January 1, 2013, a member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age fifty-five (55) and the completion of ten (10) years of credited service, or the attainment of age fifty-two (52) and the completion of twenty-five (25) years of credited service. A member may retire on his normal retirement date or on the first day of any month thereafter, and each member shall become one hundred (100) percent vested in his accrued benefit on the member's normal retirement date. Normal retirement under the system is retirement from employment with the city on or after the normal retirement date. (b) Normal retirement benefit. A member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his retirement and be continued thereafter during member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. For members hired before January 1, 2013, the monthly retirement benefit shall equal three (3)_percent of average final compensation for each year of credited service. For members hired on or after January 1, 2013, the monthly retirement benefit shall equal two (2) percent of average final compensation for each year of credited service. (c) Early retirement date. A member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of credited service. Early retirement under the system is retirement from employment with the city on or after the early retirement date and prior to the normal retirement date. Supp. No. 40 188.39 § 2-305 ATLANTIC BEACH CODE (d) Early retirement benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: (1) A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date, determined based upon his actual years of credited service and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date, determined based upon his actual years of credited service, except that credited service and average final compensation shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on his early retire- ment date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph (1) above, reduced by three (3) percent for each year by which the commencement of benefits precedes the date which would have been the member's normal retirement date determined based upon his actual years of credited service. (e) Required distribution date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member terminates employment with the city. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-306. Pre -retirement death. (a) Prior to eligibility for retirement. The beneficiary of a deceased member who was not receiving monthly benefits or who was not yet vested as provided for in section 2-308 or eligible for early or normal retirement shall receive a refund of one -hundred (100) percent of the member's accumulated contributions. (b) Deceased members vested or eligible for retirement. In the event a vested member dies prior to retirement, a pre -retirement death benefit shall be paid as follows: (1) Deceased members with a designated beneficiary who is not a surviving spouse or child. This subsection applies only when the member's spouse and/or children is/are not the beneficiary or beneficiaries, in which case subsection (2) below applies, but there is a surviving designated beneficiary. The designated beneficiary shall be entitled to a benefit as follows: a. A pension benefit computed according to subsection 2-305(b)and calculated as if the member had selected the one hundred (100) percent joint and survivor option computed in accordance with subsection 2-309(a)(2), and had retired the day preceding his death, notwithstanding that the member may not have satisfied the conditions for retirement. Supp. No. 40 188.40 ADMINISTRATION § 2-306 b. A beneficiary may not elect an optional form of benefit, however the board may elect to make a lump sum payment pursuant to subsection 2-309(g). c. If a surviving beneficiary commences receiving a benefit under paragraph (1) above, but dies before all payments are made, unless otherwise provided for herein, the actuarial value of the remaining benefit will be paid to the surviving beneficiary's estate by December 31 of the calendar year of the beneficiary's death in a lump sum. d. The Uniform Lifetime Table in Treasury Regulations § 1.401(a)(9)-9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations. (2) Deceased members with surviving spouse and/or children. This subsection (2) applies only when the member's spouse and/or child(ren) are the designated beneficiary or beneficiaries or the deceased member failed to designate a beneficiary, and leaves a surviving spouse and/or child(ren). Under these circumstances, the surviving spouse and/or child(ren) shall be entitled to a benefit as follows: a. If the deceased member was not vested in accordance with section 2-308 at the time of his death, his surviving spouse or his child or children (equally), if he leaves no surviving spouse, shall receive a benefit equal to the benefit provided for in [subsection] (a) above. b. If the deceased member was vested in accordance with section 2-308 at the time of his death, his surviving spouse and/or child(ren) shall receive a benefit as follows: 1. The surviving spouse shall be paid a pension equal to the greater of the benefit provided for in [subsection] (a) above or seventy-five (75) percent of the amount of the life only pension option computed in accordance with subsection 2-309(a)(1), based on the deceased member's final average compensation and credited service at the time of death. A surviving spouse's pension shall terminate upon death. The surviving spouse of any deceased member shall not lose the survivor retirement benefits if the spouse remarries. 2. The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution, shall each be paid an equal share of a percentage of the retiree's life only pension benefit computed in accordance with subsec- tion 2-309(a)(1), based on the deceased member's final average compensa- tion and credited service at the time of death. The percent shall be zero (0) percent during periods that a pension is being paid to the surviving spouse in accordance with the provisions of paragraph 1. and fifty (50) percent during periods a pension is not being paid to the surviving spouse. A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen (19) years but less than twenty-three (23) Supp. No. 40 188.41 § 2-306 ATLANTIC BEACH CODE years, when no longer being enrolled as a full-time student in an educational institution, or upon marriage or death, and the pension of each remaining eligible child shall be recomputed. c. Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained seventy and one-half (701/2). (3) Failure to designate a beneficiary, no surviving beneficiary and no surviving spouse or children. If a deceased vested member or retiree failed to name a beneficiary in the manner prescribed in section 2-310, or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree and the member or retiree leaves no surviving spouse and/or child(ren), the death benefit which shall be payable as a lump sum to the estate of member or retiree shall be the actuarial equivalent of the member's accrued benefit as of the date of death and the member's entire interest must be distributed to the estate by December 31 of the calendar year containing the fifth anniversary of the member's death. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-307. Disability. (a) Disability benefits in-line of duty. Any member who shall become totally and perma- nently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a police officer, which disability was dilectiy Laused by Ube penfoiinaiiee of ins duly as a police oincer, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to three (3) percent of his average final compensation multiplied by the total years of credited service for members hired before January 1, 2013, and two (2) percent of his average final compensation multiplied by the total years of credited service for members hired on or after January 1, 2013, but in any event the minimum amount paid to the member shall be forty-two (42) percent of the average final compensation of the member. Terminated persons, either vested or non - vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within thirty (30) days after termination. (b) In-line of duty presumptions. (1) Presumption. Any condition or impairment of health of a member caused by hyper- tension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such member shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. Supp. No. 40 188.42 ADMINISTRATION § 2-307 (2) Additional presumption. The presumption provided for in this paragraph (b)(2) shall apply only to those conditions described in this paragraph (b)(2) that are diagnosed on or after January 1, 1996. a. Definitions. As used in this subsection (b)(2), the following definitions apply: 1. "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococ- cal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. 2. "Emergency rescue or public safety member" means any member employed full time by the city as a firefighter, paramedic, emergency medical techni- cian, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed else- where in a similar capacity. However, the term "emergency rescue or public safety member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. 3. "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. 4. "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non -health-care setting where there is a potential for transfer of body fluids between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal deten- tion facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. Supp. No. 40 188.43 § 2-307 ATLANTIC BEACH CODE 5. "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. b. Presumption. Any emergency rescue or public safety member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the member must, by written affidavit as provided in F.S. § 92.50, verify by written declaration that, to the best of his knowledge and belief: 1. In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfu- sion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; iii. Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to hien to have engaged in such unsafe sexual practices or ether high risk i behavior; or iv. Used intravenous drugs not prescribed by a physician. 2. In the case of meningococcal meningitis, in the ten (10) days immediately preceding diagnosis he was not exposed, outside the scope of his employ- ment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. 3. In the case of tuberculosis, in the period of time since the member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. c. Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies estab- lished by the advisory committee on immunization practices of the U.S. Public Health Service, an emergency rescue or public safety member may be required by the city to undergo the immunization or prophylaxis unless the member's Supp. No. 40 188.44 ADMINISTRATION § 2-307 physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption. d. Record of exposures. The city shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety member in its employ to the disease described in this section and shall immediately notify the member of such exposure. An emergency rescue or public safety member shall file an incident or accident report with the city of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuber- culosis. e. Required medical tests; preemployment physical. In order to be entitled to the presumption provided by this section: 1. An emergency rescue or public safety member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the commu- nicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. 2. On or after June 15, 1995, an emergency rescue or public safety member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. (c) Disability benefits not -in-line of duty. Any member with eight and one-third (81/3) years or more credited service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a police officer, which disability is not directly caused by the performance of his duties as a police officer shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension equal to three (3) percent of his average final compensation multiplied by the total years of credited service for members hired before January 1, 2013, and two (2) percent of his average final compensation multiplied by the total years of credited service for members hired on or after January 1, 2013, but in any event, the minimum amount paid to the member shall be twenty-five (25) percent of the average final compensation of the member. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability within thirty (30) days after termination. (d) Conditions disqualifying disability benefits. Each member who is claiming disability benefits shall establish, to the satisfaction of the board, that such disability was not occasioned primarily by: (1) Excessive or habitual use of any drugs, intoxicants or narcotics. Supp. No. 40 188.45 § 2-307 ATLANTIC BEACH CODE (2) Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections or while committing a crime. (3) Injury or disease sustained while serving in any branch of the Armed Forces. (4) Injury or disease sustained by the member after his employment as a police officer with the City of Atlantic Beach shall have terminated. (5) Injury or disease sustained by the member while working for anyone other than the city and arising out of such employment. (e) Physical examination requirement. A member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose. The board shall not select the member's treating physician or surgeon for this purpose except in an unusual case where the board determines that it would be reasonable and prudent to do so. Any retiree receiving disability benefits under provisions of this division may be required by the board to submit sworn statements of his condition accompanied by a physician's statement (provided at the retiree's expense) to the board annually and may be required by the board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the board, to determine if such disability has ceased to exist. If the board finds that the retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a police officer, the board shall recommend to the city that the retiree be returned to performance of duty as a police officer, and the retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the retiree so ordered to return shall refuse to comply with the order withinthirty(30) days from the issuance thereof, �-.e st i r,, f 't the VLLv order li�lil v�' from ilt, shall 1U11C1L Li111�'111i LU 115 pension. The cost of the physical examination and/or re-examination of the member claiming or the retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as determined by the board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the fund. If the retiree recovers from disability and reenters the service of the city as a police officer, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the city will not be considered as credited service for the purposes of the system. The board shall have the power and authority to make the final decisions regarding all disability claims. (f) Disability payments. The monthly benefit to which a member is entitled in the event of the member's disability retirement shall be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable Supp. No. 40 188.46 ADMINISTRATION § 2-308 retroactively to the date of application or the last day on payroll, whichever is later, and any retroactive benefit amount shall be paid together with the first payment. The last payment will be: (1) If the retiree recovers from the disability, the payment paid preceding the date of such recovery; or (2) If the retiree dies without recovering from disability, the payment paid preceding his death or the one -hundred -twentieth monthly payment, whichever is later. Provided, however, the disability retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in section 2-309, subsection (a)(1) or (a)(2), which shall be the actuarial equivalent of the normal form of benefit. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-308. Vesting. If a member terminates his employment as a police officer, either voluntarily or by discharge, and is not eligible for any other benefits under this system, the member shall be entitled to the following: (1) For members hired before January 1, 2013, if the member has less than five (5) years credited service upon termination, or for members hired on or after January 1, 2013, if the member has less than ten (10) years of credited service upon termination, the member shall be entitled to a refund of his accumulated contributions or the member may leave it deposited with the fund. (2) For members hired before January 1, 2013, if the member has five (5) or more years of credited service upon termination, or for members hired on or after January 1, 2013, if the member has ten (10) or more years of credited service upon termination, the member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the member's credited service, average final compensation and the benefit accrual rate as of the date of termination, payable to him commencing at the member's otherwise normal or early retirement date, determined based upon his actual years of credited service, provided he does not elect to withdraw his accumulated contributions and provided the member survives to his otherwise normal or early retirement date. If the member does not withdraw his accumulated contributions and does not survive to his otherwise normal or early retirement date, his designated beneficiary shall be entitled to a benefit as provided herein for a deceased member, vested or eligible for retirement under pre -retirement death. The member may, in lieu of the benefit provided for above in this subsection (2), elect to receive a refund of his accumulated contributions. (Ord. No. 58-13-36, § 1, 6-10-13) Supp. No. 40 188.47 § 2-309 ATLANTIC BEACH CODE Sec. 2-309. Optional forms of benefits. (a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a member, upon written request to the board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one (1) of the following options: (1) A retirement income of a monthly amount payable to the retiree for his lifetime only. (2) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (662/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A -2 of 1.401(a)(9)-6) (3) A retirement income of a modified monthly amount, payable to the retiree during the lifetime of the retiree and following the death of the retiree, one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (662/3) percent or fifty (50) percent of such monthly amount payable to a joint pensioner for his lifetime. However, in the event the person designated by the retiree predeceases the retiree, the monthly benefit shall increase to the amount payable under the standard normal form of payment for the remaining lifetime of the retiree. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q&A -2 of 1.401(a)(9)-(6) (4) If a member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the system, based upon the social security law in effect at the time of the member's retirement. (5) For members who do not participate in the DROP pursuant to section 2-310.18, the member may elect a percentage of benefit in a lump sum as follows: a. Ten (10) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining ninety (90) percent paid under the normal form or as per [subsections] (a)(1), (2), (3) or (4) above. b. Fifteen (15) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty-five (85) percent paid under the normal form or as per [subsections] (a)(1), (2), (3) or (4) above. Supp. No. 40 188.48 ADMINISTRATION § 2-309 c. Twenty (20) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining eighty (80) percent paid under the normal form or as per [subsections] (a)(1), (2), (3) or (4) above. d. Twenty-five (25) percent of the total actuarial equivalent value of the benefit paid as a lump sum with the remaining seventy-five (75) percent paid under the normal form or as per [subsections] (a)(1), (2), (3) or (4) above. (b) The member, upon electing any option of this section, will designate the joint pensioner (subsection (a)(2) or (a)(3) above) or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the system in the event of member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one (1) or more primary beneficiaries where applicable. A member may change his beneficiary at any time. If a member has elected an option with a joint pensioner and member's retirement income benefits have commenced, member may thereafter change his designated beneficiary at any time, but may only change his joint pensioner twice. Subject to the restriction in the previous sentence, a member may substitute a new joint pensioner for a deceased joint pensioner. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. (c) The consent of a member's or retiree's joint pensioner or beneficiary to any such change shall not be required. The rights of all previously -designated beneficiaries to receive benefits under the system shall thereupon cease. (d) Upon change of a retiree's joint pensioner in accordance with this section, the amount of the retirement income payable to the retiree shall be actuarially redetermined to take into account the age of the former joint pensioner, the new joint pensioner and the retiree and to ensure that the benefit paid is the actuarial equivalent of the present value of the retiree's then -current benefit at the time of the change. Any such retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the board and on completion will be filed with the board. In the event that no designated beneficiary survives the retiree, such benefits as are payable in the event of the death of the retiree subsequent to his retirement shall be paid as provided in section 2-310. (e) Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: (1) If a member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under section 2-306. (2) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the system, the option elected will be canceled automati- cally and a retirement income of the normal form and amount will be payable to the Supp. No. 40 188.49 § 2-309 ATLANTIC BEACH CODE member upon his retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the member prior to his retirement. (3) If both the retiree and the beneficiary (or beneficiaries) designated by member or retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection (a), the board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with section 2-310. (4) If a member continues beyond his normal retirement date pursuant to the provisions of section 2-305, subsection (a), and dies prior to his actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the member in the amount or amounts computed as if the member had retired under the option on the date on which his death occurred. (5) The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member terminates employment with the city. (f) A retiree may not change his retirement option after the date of cashing or depositing his first retirement check. (g) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of Liie monthly income payments i;o be paid du nu; exceed one thousand dollars ($1,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310. Beneficiaries. (a) Each member or retiree may, on a form provided for that purpose, signed and filed with the board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such member or retiree by signing and filing with the board a new designation -of -beneficiary form. Upon such change, the rights of all previously designated beneficiaries to receive any benefits under the system shall cease. (b) If a deceased member or retiree failed to name a beneficiary in the manner prescribed in subsection (a), or if the beneficiary (or beneficiaries) named by a deceased member or retiree predeceases the member or retiree, the death benefit, if any, which may be payable under the Supp. No. 40 188.50 ADMINISTRATION § 2-310.4 system with respect to such deceased member or retiree, shall be paid to the estate of the member or retiree and the board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. (c) Any payment made to any person pursuant to this section shall operate as a complete discharge of all obligations under the system with regard to the deceased member and any other persons with rights under the system and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.1. Claims procedures. (a) The board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("claimant"), including members, retirees, beneficiaries, or any person affected by a decision of the board. (b) The board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the board's claims procedures. The claimant may request in writing the issuance of subpoenas by the board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.2. Reports to division of retirement. Each year and no later than March 15 the board shall file an annual report with the division of retirement containing the documents and information required by F.S. § 185.221. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.3. Roster of retirees. The secretary of the board shall keep a record of all persons enjoying a pension under the provisions of this article in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the secretary shall keep a record of all members in such a manner as to show the name, address, date of employment and date of termination of employment. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.4. Maximum pension. (a) Basic limitation. Notwithstanding any other provisions of this system to the contrary, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be necessary to conform to the requirements of IRC section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in IRC section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an Supp. No. 40 188.51 § 2-310.4 ATLANTIC BEACH CODE annual benefit that exceeds the dollar amount specified in IRC section 415(b)(1)(A) one hundred sixty thousand dollars ($160,000.00), subject to the applicable adjustments in IRC section 415(b) and subject to any additional limits that may be specified in this system. For purposes of this section, "limitation year" shall be the calendar year. (b) Adjustments to basic limitation for form of benefit. (1) For a benefit paid in a form to which section 417(e)(3) of the code does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: a. The annual amount of the straight life annuity (if any) payable to the member under the plan commencing at the same annuity starting date as the form of benefit to the member; or b. The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the member, computed using a five -percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation section 1.417(e) -1(d)(2) (Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Rulings 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code); or (2) For a benefit paid in a form to which section 417(e)(3) of the code applies (generally, a lump sum benefit), the actuarially equivalent Straight life annuity benefit that is the greatest of: a. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using the interest rate and mortality table, or tabular factor, specified in the plan for actuarial experience; b. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using a 5.5 percent interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regu- lation section 1.417(e) -1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code); or Supp. No. 40 188.52 ADMINISTRATION § 2-310.4 c. The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable interest rate for the distribution under Treasury Regulation section 1.417(e) -1(d)(3) (the thirty-year Treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after January 1, 2007, using the rate in effect for the first day of the plan year with a one-year stabilization period)) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation section 1.417(e) -1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in section 417(e)(3)(B) of the code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the code), divided by 1.05. (c) Benefits not taken into account. For purposes of this section, the following benefits shall not be taken into account in applying these limits: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under section 415(b)(2) of the IRC and regulations thereunder to be taken into account for purposes of the limitation of IRC section 415(b)(1). (d) COLA effect. Effective on and after January 1, 2003, for purposes of applying the limits under IRC section 415(b) (the "limit"), the following will apply: (1) A member's applicable limit will be applied to the member's annual benefit in the member's first calendar year of benefit payments without regard to any automatic cost of living adjustments; (2) Thereafter, in any subsequent calendar year, a member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the IRC section 415(b)(1)(A) dollar limit under IRC section 415(d), and the regulations thereunder; but (3) In no event shall a member's benefit payable under the system in any calendar year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to IRC section 415(d) and the regulations thereunder. Unless otherwise specified in the system, for purposes of applying the limits under IRC section 415(b), a member's applicable limit will be applied taking into consideration cost of living increases as required by section 415(b) of the IRC and applicable Treasury regula- tions. (e) Other adjustments in limitations. (1) In the event the member's retirement benefits become payable before age sixty-two (62), the limit prescribed by this section shall be reduced in accordance with Supp. No. 40 188.53 § 2-310.4 ATLANTIC BEACH CODE regulations issued by the Secretary of the Treasury pursuant to the provisions of IRC section 415(b) of the IRC, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000.00) annual benefit beginning at age sixty-two (62). (2) In the event the member's benefit is based on at least fifteen (15) years of credited service as a full-time employee of the police department of the city, the adjustments provided for in [subsection] (e)(1) above shall not apply. (3) The reductions provided for in [subsection] (e)(1) above shall not be applicable to disability benefits pursuant to section 2-307, or pre -retirement death benefits paid pursuant to section 2-306. (4) In the event the member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection (a) herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. (f) Less than ten (10) years of participation or service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service with the city shall be the amount determined under subsection (a) of this section multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below ten (10) percent of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre -retirement disability benefits paid pursuant to section 2-307, or pre- retirement death benefits paid pursuant to section 2-306. (g) Participation in other defined benefit plans. The limit of this section with respect to any member who at any time has been a member in any other defined benefit plan as defined in IRC section 414(j) maintained by the city shall apply as if the total benefits payable under all city defined benefit plans in which the member has been a member were payable from one (1) plan. (h) Ten thousand dollar ($10,000.00) limit; less than ten (10) years of service. Notwithstand- ing anything in this section 2-310.4, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this subsection (h) (if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the city contributes, do not exceed ten thousand dollars ($10,000.00) for the applicable plan year and for any prior plan year and the city has not any time maintained a qualified defined contribution plan in which the member participated; provided, however, that if the member has completed less than ten (10) years of credited service with the city, the limit under this subsection (h) shall be a reduced limit equal to ten thousand dollars ($10,000.00) multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). Supp. No. 40 188.54 ADMINISTRATION § 2-310.4 (i) Reduction of benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. (j) Service credit purchase limits. (1) Effective for permissive service credit contributions made in limitation years begin- ning after December 31, 1997, if a member makes one (1) or more contributions to purchase permissive service credit under the system, as allowed in sections 2-310.15 and 2-310.16, then the requirements of this section will be treated as met only if: a. The requirements of IRC section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of IRC section 415(b), or b. The requirements of IRC section 415(c) are met, determined by treating all such contributions as annual additions for purposes of IRC section 415(c). c. For purposes of applying subparagraph (j)(1)a., the system will not fail to meet the reduced limit under IRC section 415(b)(2)(C) solely by reason of this subparagraph c., and for purposes of applying subparagraph (j)(1)b., the system will not fail to meet the percentage limitation under section 415(c)(1)(B) of the IRC solely by reason of this subparagraph c. (2) For purposes of this subsection the term "permissive service credit" means service credit: a. Recognized by the system for purposes of calculating a member's benefit under the plan; b. Which such member has not received under the plan; and c. Which such member may receive only by making a voluntary additional contri- bution, in an amount determined under the system, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding clause (j)(2)b., may include service credited in order to provide an increased benefit for service credit which a member is receiving under the system. Supp. No. 40 188.55 § 2-310.4 ATLANTIC BEACH CODE (3) For purposes of applying the limits in this subsection (j), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar year, except as noted below and as permitted by Treasury Regulations section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations section 1.415(c)-2, or successor regulation, is specified by the system, compensation will be defined as wages within the meaning of IRC section 3401(a) and all other payments of compen- sation to an employee by an employer for which the employer is required to furnish the employee a written statement under IRC sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under IRC section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in IRC section 3401(a)(2). a. However, for calendar years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under IRC sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of IRC section 132(f)(4). b. For limitation years beginning on and after January 1, 2007, compensation for the calendar year will also include compensation paid by the later of two and one-half (21/2) months after an employee's severance from employment or the end of the calendar year that includes the date of the employee's severance from employment if: 1. The payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employ- ment, the payments would have been paid to the employee while the employee continued in employment with the employer; or 2. The payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had contin- ued. c. Back pay, within the meaning of Treasury Regulations section 1.415(c) -2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. Supp. No. 40 188.56 ADMINISTRATION § 2-310.5 (4) Notwithstanding any other provision of law to the contrary, the board may modify a request by a member to make a contribution to the system if the amount of the contribution would exceed the limits provided in IRC section 415 by using the following methods: a. If the law requires a lump sum payment for the purchase of service credit, the board may establish a periodic payment deduction plan for the member to avoid a contribution in excess of the limits under IRC sections 415(c) or 415(n). b. If payment pursuant to subparagraph (j)(4)a. will not avoid a contribution in excess of the limits imposed by IRC section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (5) If the annual additions for any member for a plan year exceed the limitation under section 415(c) of the code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). (6) For limitation years beginning on or after January 1, 2009, a member's compensation for purposes of this subsection (j) shall not exceed the annual limit under section 401(a)(17) of the code. (k) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has_ not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.5. Minimum distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of IRC section 401(a)(9) and the regulations in effect under that section, as applicable to a govern- mental plan within the meaning of IRC section 414(d). Effective on and after January Supp. No. 40 188.57 § 2-310.5 ATLANTIC BEACH CODE 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this section will take precedence over any inconsis- tent provisions of the plan. (3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this section other than this subsection (a)(3), distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to section 242(b)(2) of TEFRA. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701!2) or the calendar year in which the member terminates employment with the city. (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would 1-. v .ed age seventy and one half (701/2), later, as the, Surviving ., „u. ��,�e attained N,,v e.�t ,. c«,, if � t spouse elects. b. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. c. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a., will apply as if the surviving spouse were the member. For purposes of this subsection (b)(2) and subsection (e), distributions are considered to begin on the member's required beginning date or, if subsection (b)(2)d. applies, the date of distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity payments irrevocably commence to Supp. No. 40 188.58 ADMINISTRATION § 2-310.5 the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the date distributions actually commence. (3) Death after distributions begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. (4) Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the IRC and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in section 414(k) of the IRC will be distributed in a manner satisfying the requirements of section 401(a)(9) of the IRC and Treasury regulations that apply to individual accounts. (c) Determination of amount to be distributed each year. (1) General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the following requirements: a. The annuity distributions will be paid in periodic payments made at intervals not longer than one (1) year. b. The member's entire interest must be distributed pursuant to sections 2-305, 2-306, 2-308, or 2-309 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalcu- lated after the initial determination for purposes of determining benefits. (2) Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under section 2-306) is the payment that is required for one (1) payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. Supp. No. 40 188.59 § 2-310.5 ATLANTIC BEACH CODE (3) Additional accruals after first distribution calendar year: Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of IRC section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation section 1.401(a)(9)-6, Q&A -2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in IRC section 401(a)(9)(G) and Treasury Regulation section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed twenty-five (25) percent of the cost for all of the members' benefits received from the retirement system. (e) Definitions. (1) Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a)(9) of the IRC and section 1.401(a)(9)-1, Q&A -4, of the Treasury regulations. (2) Distribution calendar year: A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to section 2-306. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.6. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the City Commission of the City of Atlantic Beach which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the IRC for a qualified plan under IRC section 401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if Supp. No. 40 188.60 ADMINISTRATION § 2-310.7 necessary or appropriate, to qualify or maintain the system as a plan meeting the require- ments of the applicable provisions of the IRC as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (d) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. (e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by IRC section 503(b). (f) USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by IRC section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting. (1) Member will be one hundred (100) percent vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and (2) A member will be one hundred (100) percent vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. (h) Electronic forms. In those circumstances where a written election or consent is not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treasury Regulations section 1.401(a)-21. (i) Compliance with Chapter 185, Florida Statutes. It is intended that the system will continue to qualify for funding under F.S. § 185.08. Accordingly, unless otherwise required by law, any provision of the system which violates the requirements of Chapter 185, Florida Statutes, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.7. Repeal or termination of system. (a) This division establishing the system and fund, and subsequent ordinances pertaining to said system and fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the member or beneficiary shall not be affected thereby. Supp. No. 40 188.61 § 2-310.7 ATLANTIC BEACH CODE (b) If this division shall be repealed, or if contributions to the system are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in Chapter 121, Florida Statutes, the board shall continue to administer the system in accordance with the provisions of this article, for the sole benefit of the then members, any beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one (1) of the options provided for in this article who are designated by any of said members. In the event of repeal, discontinuance of contributions, or transfer, merger or consolidation of government units, services or functions, there shall be full vesting one hundred (100) percent of benefits accrued to date of repeal and such benefits shall be nonforfeitable. (c) The fund shall be distributed in accordance with the following procedures: (1) The board shall determine the date of distribution and the asset value required to fund all the nonforfeitable benefits after taking into account the expenses of such distribu- tion. The board shall inform the city if additional assets are required, in which event the city shall continue to financially support the plan until all nonforfeitable benefits have been funded. (2) The board shall determine the method of distribution of the asset value, whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each police officer entitled to benefits under the plan as specified in subsection (c)(3). (3) The board shall distribute the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount required to provide any given retirement income is the actuarially computed single -sum value of such retirement income, except that if the method of distribution determined under subsection (c)(2) involves the purchase of an insured annuity, the amount required to provide the given retirement income is the single premium payable for such annuity. The actuarial single -sum value may not be less than the police officer's accumulated contributions to the plan, with interest if provided by the plan, less the value of any plan benefits previously paid to the police officer. (4) If there is asset value remaining after the full distribution specified in subsection (3), and after the payment of any expenses incurred with such distribution, such excess shall be returned to the city, less return to the state of the state's contributions, provided that, if the excess is less than the total contributions made by the city and the state to date of termination of the plan, such excess shall be divided proportionately to the total contributions made by the city and the state. (5) The board shall distribute, in accordance with subsection (c)(2), the amounts deter- mined under subsection (c)(3). If, after twenty-four (24) months after the date the plan terminated or the date the board received written notice that the contributions there under were being permanently discontin- Supp. No. 40 188.62 ADMINISTRATION § 2-310.9 ued, the city or the board of the fund affected has not complied with all the provisions in this section, the Florida Department of Management Services will affect the termination of the fund in accordance with this section. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.8. Domestic relations orders; retiree directed payments; exemption from execution, non -assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic relations order which affects or purports to affect the system's responsibility in connection with the payment of benefits of a retiree, the member or retiree shall submit the proposed order to the board for review to determine whether the system may legally honor the order. (2) If a domestic relations order is not submitted to the board for review prior to entry of the order, and the system is ordered to take action that it may not legally take, and the system expends administrative or legal fees in resolving the matter, the member or retiree who submits such an order will be required to reimburse the system for its expenses in connection with the order. (b) Retiree directed payments. The board may, upon written request by a retiree or by a dependent, when authorized by a retiree or the retiree's beneficiary, authorize the system to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the city, to pay the certified bargaining agent of the city, to make payment to insurance companies for insurance premiums as permitted by Chapter 185, Florida Statutes, and to make any payments for child support or alimony. (c) Exemption from execution, non -assignability. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this article and the accumulated contributions and the cash securities in the fund created under this article are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.9. Pension validity. The board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this article if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall Supp. No. 40 188.63 § 2-310.9 ATLANTIC BEACH CODE hereafter under this article be erroneously, improperly or illegally classified. Any overpay- ments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the board. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.10. Forfeiture of pension. (a) Any member who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this system, except for the return of his accumulated contributions as of the date of termination. Specified offenses are as follows: (1) The committing, aiding or abetting of an embezzlement of public funds; (2) The committing, aiding or abetting of any theft by a public officer or employee from employer; (3) Bribery in connection with the employment of a public officer or employee; (4) Any felony specified in Chapter 838, Florida Statutes; (5) The committing of an impeachable offense; (6) The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position; or (7) The committing on or after October 1, 2008, of any felony defined in F.S. § 800.04, against a victim younger than sixteen (16) years of age, or any felony defined in Chapter 794, Florida Statutes, against a victim younger than eighteen (18) years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position. (b) Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the senate of an impeachable offense. (c) Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the board shall hold a hearing on which notice shall be given to the member whose benefits are being considered for forfeiture. Said member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the member shall be afforded a full opportunity to present his case against forfeiture. Supp. No. 40 188.64 ADMINISTRATION § 2-310.12 (d) Any member who has received benefits from the system in excess of his accumulated contributions after member's rights were forfeited shall be required to pay back to the fund the amount of the benefits received in excess of his accumulated contributions. The board may implement all legal action necessary to recover such funds. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.11. Conviction and forfeiture; false, misleading or fraudulent statements. (a) It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the system. (b) A person who violates subsection (a) commits a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or 775.083. (c) In addition to any applicable criminal penalty, upon conviction for a violation described in subsection (a), a member or beneficiary of the system may, in the discretion of the board, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the system. For purposes of this subsection, "conviction" means a determi- nation of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.12. Indemnification. (a) To the extent not covered by insurance contracts in force from time to time, the city shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. (b) This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this section waive any provision of law affording the city immunity from any suit in whole or part, or waive any other substantive or procedural rights the city may have. (c) This section shall not apply nor shall the city be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. (Ord. No. 58-13-36, § 1, 6-10-13) Supp. No. 40 188.65 § 2-310.13 ATLANTIC BEACH CODE Sec. 2-310.13. Direct transfers of eligible rollover distributions. (a) Rollover distributions. (1) General. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. a. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annu- ally) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated bene- ficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the IRC and the portion of any distribution that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includible in gross income as after-tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a); to an individual retirement annuity described in section 408(b); to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribu- tion which is not so includible; or on or after January 1, 2007, to a qualified defined benefit plan described in IRC section 401(a) or to an annuity contract described in IRC section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. b. Eligible retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the IRC; an individual retirement annuity described in section 408(b) of the IRC; an annuity plan described in section 403(a) of the IRC; effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the IRC which is maintained by an eligible employer described in section 457(e)(1)(A) of the IRC and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in section 403(b) of the IRC; a qualified trust described in section 401(a) of the IRC; or effective January 1, 2008, a Roth Supp. No. 40 188.66 ADMINISTRATION § 2-310.13 IRA described in section 408A of the IRC, that accepts the distributee's eligible rollover distribution. This definition shall also apply in the case of an eligible rollover distribution to the surviving spouse. c. Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employ- ee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a nonspouse beneficiary who is a designated beneficiary as defined by IRC section 401(a)(9)(E). However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity. d. Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (b) Rollovers or transfers into the fund. On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible member requested transfers of funds from other retirement or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: (1) Transfers and direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the IRC, from an annuity contract described in section 403(b) of the IRC or from an eligible plan under section 457(b) of the IRC which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. (2) Member rollover contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the IRC that is eligible to be rolled over. (c) Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this plan provides for a mandatory (involuntary) cash distribution from the plan not otherwise required by law, for an amount in excess of one thousand dollars ($1,000.00), such distribution shall be made from the plan only upon written request of the member and completion by the member of a written election on forms designated by the board, to either receive a cash lump sum or to rollover the lump sum amount. (Ord. No. 58-13-36, § 1, 6-10-13) Supp. No. 40 188.67 § 2-310.14 ATLANTIC BEACH CODE Sec. 2-310.14. Family and Medical Leave Act. The fractional parts of the twelve-month period ending each March 1 that a member is on leave without pay from the city pursuant to the Family and Medical Leave Act (FMLA) shall be added to his credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) The request for credited service for FMLA leave time for the twelve-month period prior to each March 1 and payment of professional fees shall be made on or before March 31. (3) Payment by the member of the required amount shall be made on or before April 30 for the preceding twelve-month period ending March 1 and shall be made in one (1) lump sum payment upon receipt of which credited service shall be issued. (4) Credited service purchased pursuant to this section shall not count toward vesting. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.15. Military service prior to employment. The years or fractional parts of years that a police officer serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard. voluntarily or involuntarily and honorably or „nder honorable conditions, prior to first and initial employment with the city police department shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which credited service shall be given, or the member may elect to make payment for the requested credited service over a period of time as provided for in paragraph (6) below. Supp. No. 40 188.68 ADMINISTRATION § 2-310.16 (4) The maximum credit under this section shall be five (5) years. (5) Credited service purchased pursuant to this section shall count for all purposes, except vesting and eligibility for not -in-line of duty disability benefits. (6) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph (1) above. b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the number of years being purchased and shall be reamortized annually if necessary to reflect changes in the interest rate provided for in subparagraph (6)c. below. c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into the deferred retirement option plan (DROP)) or otherwise terminates his employment, with- out having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him including all interest. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.16. Prior police service. Unless otherwise prohibited by law, and except as provided for in section 2-300, the years or fractional parts of years that a member previously served as a full-time police officer with the city during a period of previous employment and for which period accumulated contribu- tions were withdrawn from the fund, or the years and fractional parts of years that a member Supp. No. 40 188.69 § 2-310.16 ATLANTIC BEACH CODE served as a full-time police officer for any other municipal, county or state law enforcement department in the State of Florida shall be added to his years of credited service provided that: (1) The member contributes to the fund the sum that he would have contributed, based on his salary and the member contribution rate in effect at the time that the credited service is requested, had he been a member of the system for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (2) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (3) Payment by the police officer of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which credited service shall be given, or the member may elect to make payment for the requested credited service over a period of time as provided for in paragraph (7) below. (4) The maximum credit under this section for service other than with the city of shall be five (5) years of credited service and shall count for all purposes, except vesting and eligibility for not -in-line of duty disability benefits. There shall be no maximum purchase of credit for prior service with the City of Atlantic Beach and such credit shall count for all purposes, including vesting. (5) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state law enforcement department, if slip prior service forms or will basis ^ a retirement -- "-`- r--,,._ � . __ .._�.., form the }?a .f bnefit'vtr pension from a different employer's retirement system or plan as set forth in subsection 2-310.4(k)(2). (6) For purposes of determining credit for prior service as a police officer as provided for in this section, in addition to service as a police officer in this state, credit may be purchased by the member in the same manner as provided above for federal, other state, county or municipal service if the prior service is recognized by the criminal justice standards and training commission within the department of law enforcement, as provided under Chapter 943, Florida Statutes, or the police officer provides proof to the board that such service is equivalent to the service required to meet the definition of a police officer under section 2-300, definitions. (7) In lieu of the lump sum payment provided for in paragraph (3) above, a member may elect to make payments over a period of time in order to fully pay the amount provided for in paragraph (1). The member shall be required to notify the board, in writing, of his election to make payments in the manner provided for in this paragraph. The payment plan provided for in this paragraph shall be subject to the following terms: a. The principal amount to be paid shall be determined as set forth in paragraph (1) above. Supp. No. 40 188.70 ADMINISTRATION § 2-310.17 b. The original principal amount shall be amortized over the period beginning with the first payment and ending at the end of a period equal to the number of years being purchased and shall be reamortized annually if necessary to reflect changes in the interest rate provided for in subparagraph (7)c. below. c. Payments shall consist of principal and interest at a rate equal to the actuarially assumed rate of return on plan investments. d. Payments shall be made by payroll deduction from each paycheck on an after-tax basis. e. In the event that a member dies, retires (including entry into the deferred retirement option plan (DROP)) or otherwise terminates his employment, with- out having made full payment of the principal amount necessary to receive all credited service requested, the member shall receive so much of the credited service requested, determined using procedures established by the actuary, which could be purchased with the amount of principal paid by the member to the date of his death or termination of employment. f. In the event that the member's employment is terminated for any reason and he is not entitled to any benefit from the plan other than the return of the amounts he has had deducted from his paycheck as his normal contribution to the plan, the amounts which the member has paid pursuant to this subsection to purchase additional credited service, shall be returned to him, including all interest paid. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.17. Reemployment after retirement (a) [Generally.] Any retiree who is retired under this system, except for disability retire- ment as previously provided for, may be reemployed by any public or private employer, except the city, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this system. Reemployment by the city shall be subject to the limitations set forth in this section. (b) After normal retirement. Any retiree who is retired under normal retirement pursuant to this system and who is reemployed as a police officer after that retirement and, by virtue of that reemployment, is eligible to participate in this system, shall upon being reemployed, discontinue receipt of benefits. Upon reemployment, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employ- ment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, average final compen- sation, and credited service as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employment period), and credited service as of the date of subsequent retirement The amount of any death or disability benefit received as a Supp. No. 40 188.71 § 2-310.17 ATLANTIC BEACH CODE result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. (c) [Receipt of benefits.] Any retiree who is retired under normal retirement pursuant to this system and who is reemployed by the city after that retirement and, by virtue of that reemployment is ineligible to participate in this system, shall, during the period of such reemployment, continue receipt of benefits during any subsequent employment period. (d) After early retirement. Any retiree who is retired under early retirement pursuant to this system and who subsequently becomes an employee of the city in any capacity shall discontinue receipt of benefits from the system. If by virtue of that reemployment, the retiree is eligible to participate in this system, the retiree shall be deemed to be fully vested and the additional credited service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, average final compensation, credited service and early retirement reduction factor as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, average final compensation (based only on the subsequent employment period), and credited service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this section if the member was permitted to retire prior to the customary retirement date provided for in the system at the time of retirement. (e) Reemployment of terminated vested persons. Reemployed terminated vested persons shall not be subject to the provisions of this section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early retirees for purposes of applying the provisions of this section and their status as an early or normal retiree shall be determined by the date they elect to begin to receive their benefit. (f) DROP participants. Members or retirees who are or were in the deferred retirement option plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. (Ord. No. 58-13-36, § 1, 6-10-13) Supp. No. 40 188.72 ADMINISTRATION § 2-310.18 Sec. 2-310.18. Deferred retirement option plan. (a) Definitions. As used in this section 2-310.18, the following definitions apply: (1) DROP The City of Atlantic Beach Police Officers' Retirement System Deferred Retirement Option Plan. (2) DROP account. The account established for each DROP participant under subsection (c). (b) Participation. (1) Eligibility to participate. In lieu of terminating his employment as a police officer, any member who is eligible for normal or early retirement under the system may elect to defer receipt of such service retirement pension and to participate in the DROP. (2) Election to participate. A member's election to participate in the DROP must be made in writing in a time and manner determined by the board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the board. (3) Period of participation. A member who elects to participate in the DROP under subsection (b)(2), shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the city not later than the date provided for in the previous sentence. A member may participate only once. (4) Termination of participation. a. A member's participation in the DROP shall cease at the earlier of: 1. The end of his permissible period of participation in the DROP as deter- mined under subsection (b)(3); or 2. Termination of his employment as a police officer. b. Upon the member's termination of participation in the DROP, pursuant to subsection (4)a.1. above, all amounts provided for in subsection (c)(2), including monthly benefits and investment earnings and losses, shall cease to be trans- ferred from the system to his DROP account. Any amounts remaining in his DROP account shall be paid to him in accordance with the provisions of subsection (d) when he terminates employment as a police officer. c. A member who terminates his participation in the DROP under this subsection (b)(4) shall not be permitted to again become a participant in the DROP. (5) Effect of DROP participation on the system. a. A member's credited service and his accrued benefit under the system shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determining the accrued benefit, the member's salary for the purposes of calculating his average final compensation shall include an Supp. No. 40 188.73 § 2-310.18 ATLANTIC BEACH CODE amount equal to any lump sum payments which would have been paid to the member and included as salary as defined herein, had the member retired under normal retirement and not elected DROP participation. Member contributions attributable to any lump sums used in the benefit calculation and not actually received by the member shall be deducted from the first payments to the member's DROP account. The member shall not accrue any additional credited service or any additional benefits under the system (except for any additional benefits provided under any cost -of -living adjustment for retirees in the system) while he is a participant in the DROP. After a member commences participation, he shall not be permitted to again contribute to the system nor shall he be eligible for disability or pre -retirement death benefits, except as provided for in section 2-310.17, reemployment after retirement. b. No amounts shall be paid to a member from the system while the member is a participant in the DROP. Unless otherwise specified in the system, if a member's participation in the DROP is terminated other than by terminating his employ- ment as a police officer, no amounts shall be paid to him from the system until he terminates his employment as a police officer. Unless otherwise specified in the system, amounts transferred from the system to the member's DROP account shall be paid directly to the member only on the termination of his employment as a police officer. (c) Funding. (1) Establishment of DROP account. A DROP account shall be established for each member participating in the DROP. A member's DROP account shall consist of amoi nt. transferred to the DROP under subsection (c)(2) and earnings or losses on those amounts. (2) Transfers from retirement system. a. As of the first day of each month of a member's period of participation in the DROP, the monthly retirement benefit he would have received under the system had he terminated his employment as a police officer and elected to receive monthly benefit payments thereunder shall be transferred to his DROP account, except as otherwise provided for in subsection (b)(4)b. A member's period of participation in the DROP shall be determined in accordance with the provisions of subsections (b)(3) and (b)(4), but in no event shall it continue past the date he terminates his employment as a police officer. b. Except as otherwise provided in subsection (b)(4)b., a member's DROP account under this subsection (c)(2) shall be debited or credited after each fiscal year quarter with earnings, determined as follows: The average daily balance in a member's DROP account shall be credited or debited at a rate equal to the net investment return realized by the system for Supp. No. 40 188.74 ADMINISTRATION § 2-310.18 that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the member's DROP account is invested by the board net of brokerage commissions, transaction costs and management fees. c. A member's DROP account shall only be credited or debited with earnings or losses and monthly benefits while the member is a participant in the DROP. A member's final DROP account value for distribution to the member upon termination of participation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distribution. If a member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the member's first month of employment following the last month of the permissible period of DROP participation, the member's DROP account will no longer be credited or debited with earnings or losses, nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the member is employed by the police department, and no cost -of -living adjustments shall be applied to the member's credit during such period of continued employ- ment. A member employed by the police department after the permissible period of DROP participation will still not be eligible for pre -retirement death and disability benefits, and will not accrue additional credited service except as provided for in section 2-310.17, reemployment after retirement. (d) Distribution of DROP accounts on termination of employment. (1) Eligibility for benefits. A member shall receive the balance in his DROP account in accordance with the provisions of this subsection (d) upon his termination of employ- ment as a police officer. Except as provided in subsection (d)(5), no amounts shall be paid to a member from the DROP prior to his termination of employment as a police officer. (2) Form of distribution. a. Unless the member elects otherwise, distribution of his DROP account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection (d)(6). Elections under this paragraph shall be in writing and shall be made in such time or manner as the board shall determine. b. Notwithstanding the preceding, if a member dies before his benefit is paid, his DROP account shall be paid to his beneficiary in such optional form as his beneficiary may select. If no beneficiary designation is made, the DROP account shall be distributed to the member's estate. (3) Date of payment of distribution. Except as otherwise provided in this subsection (d), distribution of a member's DROP account shall be made as soon as administratively practicable following the member's termination of employment. Distribution of the Supp. No. 40 188.75 § 2-310.18 ATLANTIC BEACH CODE amount in a member's DROP account will not be made unless the member completes a written request for distribution and a written election, on forms designated by the board, to either receive a cash lump sum or a rollover of the lump sum amount. (4) Proof of death and right of beneficiary or other person. The board may require and rely upon such proof of death and such evidence of the right of any beneficiary or other person to receive the value of a deceased member's DROP account as the board may deem proper and its determination of the right of that beneficiary or other person to receive payment shall be conclusive. (5) Distribution limitation. Notwithstanding any other provision of subsection (d), all distributions from the DROP shall conform to the "minimum distribution of benefits" provisions as provided for herein. (6) Direct rollover of certain distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the system in section 2-310.13. (e) Administration of DROP. (1) Board administers the DROP The general administration of the DROP, the responsi- bility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the board. The members of the board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one (1) or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A trustee shall not vote on any question relating exclusively to himself. (2) Individual accounts, records and reports. The board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each member's DROP account, and the board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The board shall prepare and distribute to members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the IRC and any other applicable laws. Supp. No. 40 188.76 ADMINISTRATION § 2-310.18 (3) Establishment of rules. Subject to the limitations of the DROP, the board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The board shall have discretionary authority to construe and interpret the DROP (including, but not limited to, determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. (4) Limitation of liability. a. The trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. b. Neither the board nor any trustee of the board shall be responsible for any reports furnished by any expert retained or employed by the board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The board shall be fully protected with respect to any action taken or suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. (f) General provisions. (1) Amendment of DROP. The DROP may be amended by an ordinance of the city at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP account of any member. (2) Facility of payment. If a member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a minor, the board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. (3) Information. Each member, beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the board the information that it shall require to establish his rights and benefits under the DROP. (4) Prevention of escheat. If the board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the Supp. No. 40 188.77 § 2-310.18 ATLANTIC BEACH CODE last known address of such person, as shown on the records of the board or the city. If such person has not made written claim therefor within three (3) months of the date of the mailing, the board may, if it so elects and upon receiving advice from counsel to the system, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the system. Upon such cancellation, the system shall have no further liability therefor except that, in the event such person or his beneficiary later notifies the board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions of the DROP. (5) Written elections, notification. a. Any elections, notifications or designations made by a member pursuant to the provisions of the DROP shall be made in writing and filed with the board in a time and manner determined by the board under rules uniformly applicable to all employees similarly situated. The board reserves the right to change from time to time the manner for making notifications, elections or designations by members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. b. Each member or retiree who has a DROP account shall be responsible for furnishing the board with his current address and any subsequent changes in his address. Any notice required to be given to a member or retiree hereunder shall be deemed given if directed to him at the last such address given to the board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the member or retiree notifies the board of his address. (6) Benefits not guaranteed. All benefits payable to a member from the drop shall be paid only from the assets of the member's DROP account and neither the city nor the board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. (7) Construction. a. The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. b. The titles and headings of the subsections in this section 2-310.18 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. Supp. No. 40 188.78 ADMINISTRATION § 2-310.20 (8) Forfeiture of retirement benefits. Nothing in this section shall be construed to remove drop participants from the application of any forfeiture provisions applicable to the system. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. (9) Effect of DROP participation on employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. (Ord. No. 58-13-36, § 1, 6-10-13) Sec. 2-310.19. Reserved. DIVISION 5. DEFINED CONTRIBUTION PLAN* Sec. 2-310.20. Eligibility and membership requirements. (a) Conditions of eligibility. (1) An employee is eligible to participate in the defined contribution plan if they are employed with the city on or after September 1, 2008; and (2) The employee specified above is in a full-time position with the city or is in the classification of regular part-time employee who has a regular schedule of hours worked each pay period. (b) Conditions of ineligibility. (1) An employee is ineligible to participate in the defined contribution plan if employed by the city prior to September 1, 2008, and is a member of the defined benefit pension plan for the City of Atlantic Beach; or (2) If any city managerial or professional employee is employed pursuant to an individual contract of employment with different terms and conditions for a defined contribution plan is ineligible to participate in this defined contribution plan; or (3) Any person whose service to the city is rendered on a contractual or fee basis is ineligible to participate in the defined contribution plan; or (4) Any person employed in a position classified as seasonal is ineligible to participate in the defined contribution plan; or (5) Any person covered by a bargaining agreement between the city and the City of Atlantic Beach Police Department is ineligible to participate in the defined contribu- tion plan; or *Editor's note—Section 1 of Ord. No. 58-13-35, adopted June 10, 2013, added provisions designated as Div. 5, §§ 2-320-2-329. Inasmuch as sections already exist, said provisions have been redesignated as Div. 5, §§ 2-310.20-2-310.29, at the discretion of the editor. Supp. No. 40 188.79 § 2-310.20 ATLANTIC BEACH CODE (6) Any participant of the Atlantic Beach Police Officers' Retirement System is not eligible to participate in the defined contribution plan; or (7) An elected official when serving in their capacity during their time in office is ineligible to participate in the defined contribution plan. (c) Membership. (1) An eligible employee may enroll in the defined contribution plan at any time during their employment with the city. (2) All employees that meet the above conditions of eligibility will be enrolled in the City ofAtlantic Beach Defined Contribution Plan at ten (10) years of service if they have not already become members before reaching ten (10) years of service. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.21. Plan year. The plan year will be defined as the twelve (12) consecutive month period commencing on October 1. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.22. Normal retirement age. Normal retirement age for the City of Atlantic Beach Defined Contribution Plan shall be age sixty (60). (Ord. No. 58-13-35, § 1, 6-10-13) Soo. 9,-R-10 93 Variahln mu Jorp.r matonl, , f RTrAll7lta-ry. x�artw �ixe�»# nn x.trwhw,t;nv+c (a) During the first ten (10) years of service, the employer shall contribute matching contributions up to six (6) percent of earnings based on the participants' percentage of earnings contributed to the 457 defined contribution plan. (b) Employer contributions for a plan year shall be contributed to the trust bi-weekly. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.24. Contribution provisions. Employer contributions. The employer shall contribute a fixed contribution of four (4) percent of earnings after the employee has obtained ten (10) years of service at the city. Mandatory participant contributions are not required. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.25. Earnings. (a) Earnings. Earnings, as defined under section 2-323 shall not include overtime or bonuses. Supp. No. 40 188.80 ADMINISTRATION § 2-310.29 (b) At termination. Earnings will not include accrued unpaid personal leave and/or comp time that would otherwise be paid to the employee in cash. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.26. Vesting provisions. (a) The employee will be fully vested at five (5) years of completed service. The date of enrollment in the plan does not affect the vesting period. (b) Non -vested members of the City of Atlantic Beach Defined Benefit Plan who are transferred to the defined contribution plan will receive credit for their years of service towards vesting. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.27. Withdraws and loans. (a) Loans. Loans from the City of Atlantic Beach Defined Contribution Plan are not permitted. (b) In-service distributions. In-service distributions from the City of Atlantic Beach Defined Contribution Plan are not permitted at any age. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.28. Spousal protection. The plan will provide participant directed election. The normal form of payment of benefits under the plan is a lump sum. The participant can name any person(s) as the beneficiary of the plan, with no spousal consent required. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.29. Administrative provisions. The city commission shall adopt the terms and provisions for the administrative provisions of the defined contribution plan by resolution, provided that they shall not conflict with any of the provisions of this division. (Ord. No. 58-13-35, § 1, 6-10-13) Supp. No. 40 188.81 § 2-311 ATLANTIC BEACH CODE ARTICLE VII. FINANCE* DIVISION 1. GENERALLY Sec. 2-311. Fiscal year. The fiscal year of the city is hereby established to begin on October first of each year and end on September thirtieth of the following year. (Code 1970, § 8-1; Ord. No. 5-99-32, § 1, 12-14-99) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of such income. (Laws of Fla., Ch. 57-1126, § 65; Ord. No. 5-99-32, § 1, 12-14-99) *Cross references—Any ordinance promising or guaranteeing payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or any obligation assumed by the city saved from repeal, § 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department of finance, § 2-71 et seq.; taxation generally, Ch. 20. State law references—Municipal finance and taxation. F.S. § 166.201 et seq.; municipal borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. Supp. No. 40 188.82 Art. I. Art. II. Chapter 4 ANIMALS* In General, §§ 4-1-4-23 Dogs and Cats, §§ 4-24-4-30 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. The powers and authority granted under this chapter shall be supplemental to the powers and authority already provided for by Florida Statutes, relating to local animal control regulations. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-1.1. Definitions. For the purposes of this chapter, the following words and terms shall have the following meanings unless the context clearly requires otherwise. Allow or permit, in addition to their common meanings, shall also include any failure to take reasonable proactive measures to restrict the animal from engaging in any activity prohibited by this chapter. Animal means any live vertebrate creature including mammals, birds, reptiles, amphibians and fish, but not humans, and/or as defined in F.S. § 828.02. Animal control officer/authority means any individual employed, contracted with, or appointed by the City of Atlantic Beach, for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, welfare of animals or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal At -large means that an animal is off the property of its owner, unless restrained by leash or tether of twelve (12) feet or less in length, or other physical control device, such that the animal is under the physical control of a responsible person, and (i) the animal has entered upon the property of another person without authorization of that person, or (ii) the animal has entered *Editor's note—Section 1 of Ord. No. 95-13-106, adopted July 8, 2013, amended Ch. 4 in its entirety, in effect repealing §§ 4-1-4-5, 4-7-4-15, 4-21, 4-24-4-30, and enacting similar new provisions in lieu thereof as §§ 4-1--4-5, 4-7-4-15, 4-24-4-30. See the Code Comparative Table for a complete derivation. 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. 40 299 § 4-1.1 ATLANTIC BEACH CODE onto public property, street or right-of-way. If the dog owner's property whether owned or leased is located within a community association or other common -property arrangement, it shall also be considered off the owner's, leaser's, or renter's property if the animal leaves the owner's curtilage and onto common property, unless such property is clearly designated as an "off -leash" area (i.e., dog park). An animal on a retractable or other trolley leash system shall be considered at -large if the leash is extended beyond twelve (12) feet in length since adequate physical control cannot be maintained over the animal. Business day means Monday through Friday but excluding official holidays recognized by the city. Unless a provision in this chapter specifically refers to "business" day, any reference to "day" shall mean a calendar day. Cat means all domestic felines. Control means the provision, ownership, care and/or custody of an animal or animals (see "physical control" definition). Cruelty means any act of cruelty upon an animal as defined in section 4-5 and/or as provided in Chapter 828, Florida Statutes. Curtilage means the enclosed land or yard surrounding a house or dwelling. Dog means all members of the canine family that are domesticated. Domestic means tame, usually by generations of breeding, and living in close association with humans as a pet or work animal in such a way that creates a dependency on humans so that the animal loses its ability to live in the wild. F,nclo.cure or outdoor enr'lo.curp meant any structure with at least three (3) we -0c a roof and floor in adequate condition as not to endanger the safety of the animal and as to provide necessary protection of the animal from weather conditions. An enclosure must be properly located so that it does not allow for standing water to pool inside the enclosure following any weather event or other water intrusion. For pets not declared dangerous a residence may be considered a proper enclosure; different rules as specified in this chapter apply to a "proper enclosure" for declared dangerous dogs. Harbor means the act of caring for and keeping an animal or the act of providing a premises or residence to which the animal returns for food, shelter or care for a period of at least ten (10) days, or at the point where the caregiver is providing the primary source of sustenance for the animal; whichever time is shorter. Nuisance means any act performed or permitted to occur (including permitted by lack of reasonable and appropriate action/control required for prevention) which injures or prevents another from enjoying his/her legal rights, in particular, the creation of conditions (including created by lack of reasonable and appropriate action/control required for prevention) leading to the excessive breeding of fleas or flies, odors or noises and other obnoxious circumstances paused by the keeping of animals. Supp. No. 40 300 ANIMALS § 4-1.1 Owner means any person, firm, corporation, or other entity possessing, harboring, keeping, or having control or custody of an animal; a person must be age eighteen (18) or older to be considered the legal owner of an animal If a person under the age of eighteen (18) is considered the custodian or caretaker of the animal, the parents or legal guardians shall be considered, the legal owner of the animal and responsible for all matters involving that animal. There shall be a rebuttable presumption that the person's name appearing on the animal's registration or radio frequency identification device (RFID), commonly known as a "microchip," is the owner. Person means any individual person, firm, corporation or other entity. The knowledge and acts of agents and employees of a firm, corporation or other entity, with regard to the treatment of animals owned, in the custody of or transported by such firm, corporation or other organization, shall be the knowledge and acts of the firm, corporation or other entity. Physical control means adequate domination or power to influence/oppress the actions of the animal to prevent the animal from engaging in biting, aggression towards people or animals, straying, being at -large or other behaviors regulated by this chapter or state law by the use of a proper leash or similar device attached to an appropriate collar or harness. To maintain physical control the animal must be on a leash not to exceed twelve (12) feet at its maximum extension Animals on longer leashes or similar devices extended beyond twelve (12) feet shall be considered not under physical control and may be subject to being treated as at -large for provisions of this chapter. Quarantine or ten-day quarantine means confining an animal for observation of any symptoms of rabies, which confinement is typically for a ten-day time period from the date of the bite, scratch or other potential rabies exposure, unless a longer time period is required pursuant to state regulations and guidelines. Rabies means an acute, fatal, infectious disease of the central nervous system that is transmitted when the virus is introduced into bite wounds, open cuts in skin, or onto mucous membranes. Radio frequency identification device (RFID), commonly referred to as a "microchip", a device about the size of a grain of rice encased in surgical glass that is implanted underneath the skin of a dog, cat or other animal that when scanned produces a unique number that identifies the animal and its owner (if properly registered). When present, an RFID with registration information shall be considered the primary indication of ownership. Stray means any animal that is found to be at -large, whether lost by its owner or otherwise, or that is on the common areas of apartments, condominiums, trailer parks or other multi -residential premises, and that does not have identification tag and for which there is no identifiable owner. Sufficient food means access to the proper food for the species of animal on a regular, ongoing basis in quantities sufficient to maintain a regular body weight Animals under active, current veterinary care may deviate from this based upon the expertise of a licensed veterinarian. Supp. No. 40 301 § 4-1.1 ATLANTIC BEACH CODE Sufficient water means access to clean, fresh, potable water of a drinkable temperature on a regular, ongoing basis that is provided in a suitable manner and in sufficient volume. Transporting means shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation, carriage or export. Vaccination against rabies means the proper administration of anti -rabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. Veterinarian means an individual who is licensed to engage in the practice of veterinary medicine in Florida. Wholesome exchange of air means sufficient ventilation or other means of air exchange adequate to prevent the accumulation of noxious odors and limit airborne disease transfer and provide adequate air movement in/through the structure. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-2. Interfering with performance of duties. It shall be unlawful for any person to interfere with, resist, prevent or hinder any animal control officer in the performance of any duty required by this chapter including, but not limited to, removing or attempting to remove an animal from an animal control officer's vehicle, tampering with or removing an animal from a City of Atlantic Beach animal trap, tampering with or destroying signs and/or other city property, interfering with the lawful execution of the duties of an animal control officer or interfering with the lawful impoundment of an animal. All alleged violators of any section of this chapter shall be required to provide positive photo identification and accurate current residence. Violations of the section are punishable by a fine of five hundred dollars ($500.00). (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-3. Authority to enter private property. An animal control officer is authorized to enter upon any private property that is unfenced, or that is fenced but with a gap, opening or indentation, or with a gate that is not closed and locked for the purpose of investigating a complaint of violation of this chapter or for the purpose of seizing and impounding any animal that is stray or at -large, or as otherwise authorized by this chapter; however, an animal control officer is not authorized to enter a dwelling without the owner's or the resident's permission, or without a warrant or under other authority. (Ord. No. 95-13-106, § 1, 7-8-13) 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 Supp. No. 40 302 ANIMALS § 4-5 (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, 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. (d) Any violations of this section may be reported to Florida Wildlife Conservation Commission (FWC) for further investigation/disposition. (e) Violations of this section are punishable by a fine not exceeding five hundred dollars ($500.00). (Ord. No. 95-13-106, § 1, 7-8-13) 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 health or 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. a. A law enforcement officer (LEO) or animal control officer (ACO) who finds an animal in a vehicle as described in [subsections] (1) and (2) above may enter the vehicle by using the amount of force reasonably necessary to remove the animal. Supp. No. 40 303 § 4-5 ATLANTIC BEACH CODE A LEO or ACO who acts in substantial compliance with the provisions of this section shall be immune from civil and criminal liability; and the city shall also be held immune from civil liability. (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 unlawful under this section. (f) A violation of this section is punishable by a fine of five hundred dollars ($500.00). (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-6. Reserved. Sec. 4-7. Keeping or maintaining certain animals in the city. (a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle, chickens, poultry, or goats in the city, except for in special events, as approved by the city manager. (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of providing human companion- ship and which is in compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age, weighs no more than one hundred twenty-five (125) pounds, measures no more than twenty-two (22) inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the provisions of this part. (2) No household shall own or keep more than one (1) pet potbellied pig. (3) Every pet potbellied pig shall be maintained primarily within the residence of its owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which is hereby made applicable to this part, no pet potbellied pig shall run at large. (4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose of stunting its growth of Supp. No. 40 304 ANIMALS § 4-7 having it conform to the weight or height provisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by specific provisions of this part, are hereby declared to pertain to pet potbellied pigs, as defined and regulated under this chapter, with the following provisions: a. There shall be no required annual inoculation against rabies for such pigs, but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty (30) full business days before such application, been inoculated against and/or been blood -tested, with negative results, for pseudo rabies and for brucellosis; b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4, but shall be subject to the provisions of Chapter 10D-3, Florida Administrative Code. c. Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and was, within thirty (30) days before such application is made, in compliance with this section's age, weight and height provisions; d. Every application for annual license for a pet potbellied pig shall be accompanied by a sworn affidavit signed by the applicant to the effect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; e. Before application for annual license for a pet potbellied pig is made, the owner of such pig shall allow the animal control officer a reasonable and timely opportunity to examine such pig and its bona fides as a registered potbellied pig pursuant to subsection (1) above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig; and f. The animal control officer shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true miniature Vietnamese potbellied pig. (6) No potbellied pig regulated by the provisions of this part shall be maintained or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control officer, the Jacksonville Supp. No. 40 305 § 4-7 ATLANTIC BEACH CODE Humane Society, or a licensed veterinarian. Failure to comply with any provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-8. Legislative findings. The legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. (Ord. No. 95-13-106, § 1, 7-8-13) State law reference—Similar provisions, F.S. §§ 767.10-767.16. Sec. 4-9. Injuries caused by animals. (a) If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other aminal, the owner or person in custody of the animal shall be guilty of a violation of this article. (b) Violations of this section are punishable by a fine of five_ hoodred dollars ($500.00) (Ord. No. 95-13-106, § 1, 7-8-13) State law reference—Similar provisions, F.S. §§ 767.10-767.16. Sec. 4-10. Dangerous dogs. (a) Dangerous clog means any dog that according to the records of the appropriate authority: (1) Has aggressively bitten, attacked, endangered or has inflicted severe injury 011 a human being on public or private property; (2) Has severely injured or killed a domestic animal while off the owner's property; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the appropriate authority. Supp. No. 40 306 ANIMALS § 4-11 (b) Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. (c) Severe injury means any physical injury those results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (d) Proper enclosure of a dangerous dog means that the dog is securely and humanely confined on the owner's property within a house, building, locked pen or other enclosure that is designed to prevent the dangerous dog from escaping over, under or through the enclosure (the "primary" enclosure). If the dog is maintained outside, then a portion of the owner's property must be fenced with a secured perimeter fence of sufficient height and strength to prevent entry by the public and to prevent the dog's escape from the owner's property if the dog escapes from the primary enclosure. Within the perimeter fence, the dog must be humanely confined inside a primary enclosure consisting of a locked pen, kennel or other structure of adequate size that provides protection from the elements. The primary enclosure must have secure sides that are securely set into the ground or into a concrete pad, and it must have a secure top attached to all sides. The primary enclosure must be locked at all times when the dog is unattended by either the owner or a competent custodian eighteen (18) years of age or older. It is not considered a proper enclosure to simply chain, tether or otherwise tie a dog to an inanimate object, such as a tree or post, inside a perimeter fence. (e) Animal control authority means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county or state. In those areas not served by an animal control authority, the sheriff shall carry out the duties of the animal control authority under this act. (f) Animal control officer means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal (g) Owner means any person, firm, corporation or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. (Ord. No. 95-13-106, § 1, 7-8-13) State law reference—Similar provisions, F.S. §§ 767.10-767.16. Sec. 4-11. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. (a) (1) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a Supp. No. 40 307 § 4-11 ATLANTIC BEACH CODE dangerous dog investigation may be impounded with the animal control authority. If the subject dog is not impounded, it shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. If the dog is within a private residence and the occupant of the residence or the owner of the suspected dangerous dog refuses to surrender it after a request by a LEO or ACO the animal control authority may obtain, from a court of competent jurisdiction, a warrant to seize the dog. Failure to surrender the dog upon request of the animal control officer is a violation of this section subject to a five hundred dollar ($500.00) fine and/or any applicable criminal penalty defined in state law. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. (2) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (3) After the investigation, the animal control authority shall make an initial determina- tion as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. atlli. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. (4) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within ten (10) business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph. Supp. No. 40 308 ANIMALS § 4-11 (5) The owner of the dangerous dog shall be responsible for payment of all boarding fees if their dog has been impounded during the investigation, hearing or any appeal. (b) Within fourteen (14) days after the dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, that shall include at a minimum, the following information: name, address and telephone number of the dog's owners; the address where the dog is harbored if different from the owner's address; a complete identification of the dog including sex, color and any distinguishing physical characteristics, a color photograph of the dog. The certificate shall be renewed annually. The annual cost for such certificate of registration shall be one hundred dollars ($100.00). Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control authority sufficient evidence of: (1) A current certificate of rabies vaccination for the dog. (2) A proper enclosure to confine a dangerous dog as defined in subsection 4-10(d) and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (3) Permanent identification of the dog, such as an electronic radio frequency identifica- tion device (RFID) implantation (microchip). (4) Liability insurance in the amount of at least three hundred thousand dollars ($300,000.00), or a surety bond on said dog of at least three hundred thousand dollars ($300,000.00), which bond shall obligate the owners of any such dog to pay to the City of Atlantic Beach and to any person injured by such dog any damages and expenses incurred as a result of the conduct of such dog or its owners. (5) The owner is responsible for payment of all boarding fees during the time it takes to complete these requirements. If the owner does not comply with all requirements of this subsection (b) within fourteen (14) days of the final case disposition, ownership reverts to the city and the dog shall be euthanized in an expeditious and humane manner. Notice of the potential humane destruction of the animal for failure to comply shall be included in the notice of final ruling on the dangerous dog. (6) Proof that the dog has been surgically sterilized by a veterinarian. (7) Dogs declared dangerous shall not be allowed in any off -leash dog park within the City of Atlantic Beach. (8) A dangerous dog declaration is permanent and may never be removed from the dog once the determination has been finalized and the time for all appeals has passed or the declaration has been affirmed on appeal. In the event the owner elects to submit proof of the required liability insurance rather than a surety bond, then in that event the owner must also submit proof that the owner Supp. No. 40 309 § 4-11 ATLANTIC BEACH CODE has notified its liability insurance company, in writing, that the owner's dog has been classified as dangerous, together with written proof from the insurance company that it has been so notified and that there are no exceptions or exclusions in the insurance policy for dog bites or dangerous dogs. (c) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous: (1) Is loose or unconfined. (2) Has bitten a human being or attacked another animal. (3) Is sold, given away, or dies. (4) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one (1) local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction. (d) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal The owner may exercise the dog in a securely fenced or veenclosed��area that does not have a top, without a nzzlc or a if the dog =mains ithin his or hor Sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. No dangerous dog shall be chained, tethered or otherwise tied to any inanimate object, such as a tree, post or building that is outside its proper enclosure. (e) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes (f) This section does not apply to dogs used by law enforcement officials for law enforcement work. (g) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine of five hundred dollars ($500.00). Supp. No. 40 310 ANIMALS § 4-12 (h) After a determination by the city that a dog is a dangerous dog, regardless of whether the owner has requested a hearing before the special magistrate or has filed an appeal to the county court, if the owner fails to comply with the requirements of this chapter after proper notice has been given, then the dog shall be impounded by the city and held pending final determination by the special magistrate and subsequent appeal, if any, to the county court. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction. (a) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (b) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circum- stances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. (c) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (d) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. Supp. No. 40 311 § 4-12 ATLANTIC BEACH CODE (e) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-13. Bite by a police or service dog; exemption from quarantine. Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled persons, and that bites another animal or human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-14. Severe injury by dog; impoundment; destruction. Whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a human, causing severe injury to or the death of the human, then an animal control officer shall be authorized to immediately impound the dog, placing it in quarantine, or otherwise impounding it for ten (10) business days. Thereafter, the dangerous dog may be destroyed in an expeditious and humane manner. If, prior to the ten-day time period, the owner notifies the animal control authority in writing of the owner's intent to challenge animal control authority's decision to destroy the dog, the animal control authority shall continue to impound the dog so long as the owner either posts bond, or pays by certified check payable to the city the estimated costs associated with impounding the dog, as estimated by the animal control authority. To appeal the animal control authority's final decision, the owner must file a written request for a hearing in the county court within ten (10) business days after the animal control authority's final written decision to destroy the dog. The owner shall be responsible for payment of all boarding costs, medical costs and other fees and charges associated with the animal control maintaining the dog, regardless of the outcome of any proceeding. Exceptions: This section shall not apply to police dogs, and it shall not apply to incidents when the human victim was engaging in criminal behavior, or when the human victim provoked and/or taunted the dog into attacking. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-15. Abandoning animals. It shall be unlawful for any person to abandon an animal. For purposes of this section, it shall be considered abandonment if an animal is: (1) Left upon or beside any street, road or other public property; or (2) Left on private property; or (3) If a maimed, sick, infirm or diseased animal is forsaken entirely and left to die. Supp. No. 40 312 ANIMALS § 4-26 Aviolation of this section shall subject the violator to a civil fine of up to five hundred dollars ($500.00) per animal. (Ord. No. 95-13-106, § 1, 7-8-13) Secs. 4-16-4-23. Reserved. ARTICLE II. DOGS AND CATS Sec. 4-24. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found running at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and upon the payment of a thirty dollar ($30.00) fee plus [an] additional twenty-five dollars ($25.00) per day for the redemption of said animal In the event any animal has to be tranquilized with chemical capture equipment, then the redemption fee shall be one hundred dollars ($100.00). If a dangerous dog is impounded for running at large, then the redemption fee shall be one hundred fifty dollars ($150.00), with an additional one hundred dollar ($100.00) fee if the dangerous dog has to be tranquilized with chemical capture equipment. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-25. Leashing. No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be attached to a fixed object or specifically held by a person capable of controlling the animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. This does not include walking the dog in the water. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. Supp. No. 40 313 § 4-26 ATLANTIC BEACH CODE (c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate on any property within the city other than the owner's private property without immediately removing such defecation with some sort of material, utensil, or suitable container and depositing the defecation in a trash container. When walking a dog or cat on any property within the city, other than the owner's property, the owner of that dog or cat shall carry some sort of material, utensil, or suitable container with which to dispose of the defecation. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-27.1. Habitual nuisance. (a) It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control, to commit a nuisance by running at -large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitu- ally; by trespassing on private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance. (b) For the purpose of this section, "habitually" means at least two (2) separate occurrences within a time period of no more than one (1) month; except that barking habitually, or making other objectionable animal noises habitually, means making the sound persistently or continuously for at least thirty (30) minutes occurring at least three (3) separate times within a period of no more than thirty (30) days. (c) This barking provision of this section shall not apply a properly permitted animal shelter established for the care and/or placement of unwanted stray animals, nor a properly zoned commercial boarding kennel nor a veterinarian office. (d) Violations of this section shall be punishable by a fine of two hundred fifty dollars ($250.00) for a first offense or a five hundred dollar ($500.00) fine for a second or subsequent offense within the preceding thirty -six-month period. (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-28. Neglect; restraint by chaining; animal bites. (a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to fail to provide an animal any one (1) of the following: (1) Clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume; (2) Sufficient, wholesome food; (3) Adequate shelter with sufficient floor, three walls and roof to protect the animal from the weather, extreme temperature and direct sunlight; (4) Sufficient exercise and wholesome exchange of air; Supp. No. 40 314 ANIMALS § 4-28 (5) Current and active veterinary care/treatment to prevent suffering; (6) Placing or confining an animal or allowing it to be confined in an unattended vehicle without sufficient ventilation or under such conditions or for such a period of time as may reasonably be expected to endanger the health or well-being of such animal due to heat, lack of water or such circumstances as may be expected to cause suffering, debility or death. a. A law enforcement officer (LEO) or animal control officer (ACO) who finds an animal in a vehicle in violation of this section may enter the vehicle by using the amount of force necessary to remove the animal A LEO or ACO who acts in substantial compliance of the provisions of this section shall be immune from civil and criminal liability; and the city shall also be held immune from civil liability. (b) Restraint by chaining may be used provided the following conditions are met: (1) The chain or tether shall not weigh more than one-eighth (I/8) of the animal's body weight; (2) The chain or tether shall be at least ten (10) feet in length with swivels on both ends; (3) The chain or tether shall be attached to a properly fitted collar or harness worn by the animal; and (4) The animal, while restrained by chain or tether, is able to access shelter with sufficient floor, three (3) walls, and roof to protect the animal from the weather, extreme temperatures and direct sunlight; and is able to access sufficient water and sufficient wholesome food. (5) Animal control officers are authorized to remove and .impound dangerous dogs and/or dogs posing a threat to public safety from tethers where the animal is accessible by children or the public without a secured fence or enclosure. Boarding fees will be the responsibility of the owner of the impounded dog. (c) No owner of any animal shall permit the animal, either willfully or through failure to exercise due care or control, to destroy or damage the property of another including, but not limited to, the unprovoked biting, attacking, or wounding of another person's animal No owner of any animal shall permit the animal, either willfully or through failure to exercise due care or control, to bite attack or wound a human. (d) A violation of this section is punishable by a fine of one hundred dollars ($100.00) for an initial violation; two hundred fifty dollars ($250.00) for the second violation within the preceding thirty-six (36) months and five hundred dollars ($500.00) for a third or subsequent violation within the preceding thirty-six (36) months. Exemption: the provisions of this section do not apply to police dogs. (Ord. No. 95-13-106, § 1, 7-8-13) Supp. No. 40 315 § 4-29 ATLANTIC BEACH CODE Sec. 4-29. Rabies vaccinations. (a) The owner of every dog, cat or ferret four months of age or older shall have it vaccinated against rabies by a veterinarian. Said owner said obtain and maintain, on an annual basis or duration of the valid vaccination, proof, from the veterinarian who administered it, of a current rabies vaccination. If a veterinarian administers a vaccination licensed by the United States Department of Agriculture that is approved for three-year duration of immunity, a dog or cat may be vaccinated at three (3) to four (4) months of age with a booster at one (1) year and every three (3) years thereafter. (1) A dog, cat or ferret is exempt from rabies vaccinations if a veterinarian has examined the animal and has certified in writing that vaccinating the animal at that time would endanger the animal's health because of its age, infirmity, disability, illness or other medical considerations. An exemption under this provision that extends beyond twelve (12) months must be renewed annually through submission of a new exemption letter. No exemption letter shall be deemed valid after one (1) year from the date it was written. (b) In order to protect the public's health and safety, no person shall be the owner of or have as a pet or harbor within the city a known or potential rabies vector or high risk animal that cannot be immunized against rabies including, but not limited to, fox, raccoon, skunk, bat and bobcat. (c) Suspected rabies cases will be handled according to the health code as established by the State Department of Environmental Health (authorized by F.S. § 381.006). (Ord. No. 95-13-106, § 1, 7-8-13) Sec. 4-30. Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: General: Violations of the provisions of chapter 4, of the Atlantic Beach City Code are hereby declared to be civil infractions for which there may be imposed by the county court a maximum fine not to exceed five hundred dollars ($500.00). Unless cited for a violation for which court appearance is mandatory, anyone cited with a violation of this chapter may pay a fine as contained within the actual section or, if no fine is listed, as specified below in lieu of appearing in county court. The fine specified shall be paid within the time specified below. If a person fails to pay the civil fine within the time prescribed on the citation or fails to obtain a court date, or having obtained a court date, fails to appear in court to contest the citation, then the person shall be deemed to have waived the right to contest the citation. In such cases, final judgment may be entered against the person in the maximum civil fine five hundred dollars ($500.00) allowed, which shall be payable within sixty (60) days from the date of execution of the final judgment. Alternatively, the court may issue an order to show cause, Supp. No. 40 316 ANIMALS § 4-30 requiring the person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court in addition to having to pay the civil fine, court costs, and restitution, as applicable. (1) First offense: (The current offense is "first" offense if there have been no other citations in the preceding thirty-six (36) months.) Fifty dollars ($50.00); if not paid within fourteen (14) calendar days, the fine goes to seventy-five dollars ($75.00); (2) Second offense: (The current offense is a second offense if there has been only one (1) previous citation within the preceding thirty-six (36) months.) One hundred fifty dollars ($150.00); if not paid within fourteen (14) calendar days, the fine goes to two hundred fifty dollars ($250.00); (3) Third offense: (The current offense is a third offense if there has been two (2) previous citations within the preceding thirty-six (36) months.) Two hundred fifty dollars ($250.00); if not paid in fourteen (14) calendar days, fine goes to five hundred dollars ($500.00). (4) Fourth and subsequent offenses: (The current offense is a fourth or subsequent offense if there have been three (3) or more previous citations within the preceding thirty-six (36) months.) Five hundred dollars ($500.00) and a mandatory court appearance. For citations involving a mandatory court appearance, the citation shall specify that the court appearance is mandatory. If a person so cited fails to appear within the time prescribed in the citation to obtain a court date or having a court date, fails to appear in court, a default judgment may be entered against the person in the maximum civil fine payable within sixty (60) days from the date of execution of the final judgment. (5) Anyone cited with a violation of this article who pays the required fines and then goes three (3) years with no offenses shall return to the status of having no prior offenses for the purposes of this section. (6) An additional fine of one hundred dollars ($100.00) for any violation involving a dog or cat in heat. (c) A five dollar ($5.00) surcharge shall be assessed and collected upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty as authorized by F.S. § 828.27. The proceeds from such surcharge shall be used only to assist in paying for the costs of training for animal control officers in accordance with the requirements of F.S. § 828.27. Said civil penalty shall be paid to the City of Atlantic Beach. (d) The animal control officer shall have the authority to cite the owner or any person having custody of an animal for a violation of this article when and only when: (1) The officer has received from an adult witness a sworn affidavit attesting to the animal having committed a violation pursuant to this article; or Supp. No. 40 317 § 4-30 ATLANTIC BEACH CODE (2) The animal control officer or other person duly authorized to enforce the provisions of this chapter has witnessed the commission of a violation under this article. (Ord. No. 95-13-106, § 1, 7-8-13) Supp. No. 40 318 [The next page is 353] BEACHES AND PARKS § 5-32 (d) Individual events at the Adele Grage Cultural Center, Monday through Thursday, by 501(c)(3) not-for-profit groups, neighborhood or homeowner associations: (1) Twenty-five dollars ($25.00) per hour with a maximum daily fee of three hundred twenty dollars ($320.00). (2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to facility, the facility is cleaned after use and no violation of park rules or city ordinances. (e) Private events at the Adele Grage Cultural Center, Friday through Sunday: (1) One hundred dollars ($100.00) per hour with a maximum daily fee of eight hundred dollars ($800.00). (2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to facility, the facility is cleaned after use and no violation of park rules or city ordinances. (f) Individual events at the Adele Grage Cultural Center, Friday through Sunday, by 501(c)(3) not-for-profit groups, neighborhood or homeowner associations: (1) Fifty dollars ($50.00) per hour with a maximum daily fee of six hundred dollars ($600.00). (2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to facility, the facility is cleaned after use and no violation of park rules or city ordinances. (g) For events or activities at any city facility involving the use of alcoholic beverages. The provisions of chapter 3 of this Code shall also apply. (1) One hundred dollars ($100.00) per hour for any event serving beer, wine or any type of alcoholic beverages. (2) Requires off-duty police officer paid by rental party at prevailing hourly rate. (3) Must receive prior approval of a special event permit from the city manager. (4) Use of alcoholic beverages is not permitted in city parks or on the beach, and alcoholic beverages must be contained within the building approved to host such event. (5) No fee, ticket or other type of compensation shall be charged for alcoholic beverages at any activity at city facilities. (6) Violation of these rules may [be] cause for forfeiture of any deposits. (h) Lost key charge: Eight dollars ($8.00); lost security card: Twenty dollars ($20.00). (i) Beach bonfire. (1) Twenty-five dollars ($25.00) per activity on beach with bonfire or any type of open flame. Supp. No. 40 357 § 5-32 ATLANTIC BEACH CODE (2) Approval of a fire permit by the parks and recreation department is required. Permit must be requested and approved during regular city weekday work hours at least twenty-four (24) hours prior to activity. (j) Summer Camp at Donner Park Community Center and Jordan Park Community Center. (1) Forty-five dollars ($45.00) per week per child. (2) Fifty dollars ($50.00) per child for the duration of the summer camp for children who qualify for free or reduced -price school lunches. (k) Camping at Dutton Island Preserve. (1) Twenty-five dollars ($25.00) per campsite. (1) Events at any city facility put on by any unit of federal, state or local government shall be exempt from any of the fees required in this section. (m) All special events requests not previously addressed in this section of the City Code will be assessed a twenty-five dollar ($25.00) application fee when submitted for processing. (n) Sales tax for the rental of city facilities shall be the responsibility of the renters. (Ord. No. 95-03-82, § 1, 1-27-03; Ord. No. 95-05-89, § 1, 4-11-05; Ord. No. 95-07-93, § 1, 2-26-07; Ord. No. 95-10-100, § 1, 5-10-10; Ord. No. 95-12-105, § 1, 5-14-12) Sec. 5-33. Enforcement of park rules and regulations. All city employees shall have the authority to enforce the rules and regulations of the city's public parks. The primary enforcement agents shall be parks and recreation staff members and police officers. (a) First violation. First violations of park rules and regulations will result in the violator being verbally warned by the city employee. If the violator is a juvenile, then the employee will obtain parental/guardian information and contact the juvenile's parent/ guardian and inform the parent/guardian of the warning. All records of warnings will be purged after ninety (90) days unless there are subsequent violations. (b) Second violation within ninety (90) days of first offense. If the violator is a juvenile, then the parks and recreations staff will contact the juvenile's parent/guardian and contact the police to complete a trespass after warning (TAW) form for thirty (30) days. The juvenile information will be purged after ninety (90) days unless there are subsequent violations. If the violator is an adult, then parks and recreations staff will contact the police to complete a trespass after warning (TAW) form for thirty (30) days. (c) Third and subsequent violations within ninety (90) days of the second offense. If the offender is a juvenile, the parks and recreation staff will contact the juvenile's Supp. No. 40 358 BEACHES AND PARKS § 5-33 parent/guardian and contact the police to complete a trespass after warning (TAW) form for one (1) year. The juvenile information will be purged after ninety (90) days unless there are subsequent violations. If the violator is an adult, then parks and recreations staff will contact the police to complete a trespass after warning (TAW) form for one (1) year. (d) [Violations of state law.] Trespassing violations will be handled as violations of state law. (e) Authority to regulate park activities. Members of the parks and recreation department and the police department are authorized to: (1) Direct any individual to leave any city public park or any specific area of any city park, and to complete a trespass after warning notice prohibiting an individual from returning to a city park or any specific area of a city park based on the individual's violation of posted park rules or violations of criminal codes and/or statutes. (2) Close down a city park or any portion of a city park due to violations of park rules, violations of criminal codes and/or statutes, or due to public safety concerns. (Ord. No. 95-06-91, § 1, 4-10-06) [The next page is 407] Supp. No. 40 359 Art. I. Art. II. Art. III. Chapter 8 FLOOD HAZARD AREAS* Administration, §§ 8-1-8-49 Div. 1. General—Applicability—Duties and Powers of the Floodplain Adminis- trator—Permits—Site Plans and Construction Documents—Inspections— Variances and Appeals—Violations, §§ 8-1-8-49 Subdiv. I. In General, §§ 8-1-8-6 Subdiv. II. Applicability, §§ 8-7-8-13 Subdiv. III. Duties and Powers of the Floodplain Administrator, §§ 8-14 8-22 Subdiv. IV Permits, §§ 8-23-8-29 Subdiv. V. Site Plans and Construction Documents, §§ 8-30-8-33 Subdiv. VI. Inspections, §§ 8-34-8-37 Subdiv. VII. Variances and Appeals, §§ 8-38-8-45 Subdiv. VIII. Violations, §§ 8-46-8-49 Definitions, §§ 8-50-8-52 Flood Resistant Development, §§ 8-53-8-82 Div. 1. Buildings and Structures, Subdivisions, Site Improvements, Manufac- tured Homes, Recreational Vehicles and Park Trailers, Tanks, Other Development, §§ 8-53-8-82 Subdiv. I. Buildings and Structures, Subdivisions, Site Improvements, §§ 8-53-8-62 Subdiv. II. Manufactured Homes, §§ 8-63-8-69 Subdiv. III. Recreational Vehicles and Park Trailers, §§ 8-70, 8-70.1 Subdiv. IV Tanks, §§ 8-71-8-74 Subdiv. V. Other Development, §§ 8-75-8-82 *Editor's note—Section 2 of Ord. No. 25-13-43, adopted April 8, 2013, repealed the former Ch. 8, §§ 8-1-8-12, 8-21-8-25, 8-31-8-35, and enacted a new Ch. 8 as set out herein. The former Ch. 8 pertained to similar subject matter and derived from Ord. No. 25-11-42, § 1, adopted Oct. 10, 2011. 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. 40 521 § 8-1 ATLANTIC BEACH CODE ARTICLE I. ADMINISTRATION DIVISION 1. GENERAL—APPLICABILITY—DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR—PERMITS—SITE PLANS AND CONSTRUCTION DOCUMENTS—INSPECTIONS—VARIANCES AND APPEALS—VIOLATIONS Subdivision I. In General Sec. 8-1. [Title.] These regulations shall be known as the floodplain management ordinance of the City of Atlantic Beach, hereinafter referred to as "this chapter." (Ord. No. 25-13 43, § 2, 4 8-13) Sec. 8-2. Scope. The provisions of this chapter shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; place- ment, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-3. Intent. The purposes of this chapter and the flood load and flood resistant construction require- ments of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; Supp. No. 40 522 FLOOD HAZARD AREAS § 8-7 (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-4. Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-5. Warning. The degree of flood protection required by this chapter and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-6. Disclaimer of liability. This chapter shall not create liability on the part of the City Commission of the City of Atlantic Beach or by any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision II. Applicability Sec. 8-7. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 523 § 8-8 ATLANTIC BEACH CODE Sec. 8-8. Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the City of Atlantic Beach, as established in section 8-9 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-9. Basis for establishing flood hazard areas. The flood insurance study for Duval County, Florida and Incorporated Areas June 3, 2013, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-10. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to sections 8-30 through 8-33 of this chapter, the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the require- ments of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-11. Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-12. Abrogation and greater restrictions. This chapter supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code the event of a conflict between this Supp. No. 40 524 FLOOD HAZARD AREAS § 8-16 chapter and any other ordinance, the more restrictive shall govern. This chapter shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-13. 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. 25-13-43, § 2, 4-8-13) Subdivision III. Duties and Powers of the Floodplain Administrator Sec. 8-14. Designation. The building and zoning director is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-15. General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this chapter. The floodplain administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this chapter without the granting of a variance pursuant to sections 8-38 through 8-45 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-16. Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this chapter; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; Supp. No. 40 525 § 8-16 ATLANTIC BEACH CODE (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this chapter is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the building official to assure that applica- tions, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-17. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain adminis- trator, in coordination with the building official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improve- ment or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improve- ment or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this chapter is required. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 526 FLOOD HAZARD AREAS § 8-21 Sec. 8-18. Modifications of the strict application of the requirements of the Florida Building Code. The floodplain administrator shall review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to sections 8-38 through 8-45 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-19. Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-20. Inspections. The floodplain administrator shall make the required inspections as specified in sections 8-34 through 8-37 of this chapter for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-21. Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to section 8-17 of this chapter; (2) Require that applicants proposing alteration of a watercourse notify adjacent commu- nities and the Florida Division of Emergency Management, State Floodplain Manage- ment Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this chapter and the Florida Building Code and this chapter to determine that such certifications and documentations are complete; (5) Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Atlantic Beach are modified; and Supp. No. 40 527 § 8-21 ATLANTIC BEACH CODE (6) Advise applicants for new buildings and structures, including substantial improve- ments, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on flood insurance rate maps as "coastal barrier resource system areas" and "otherwise protected areas." (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-22. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of change; records of issuance of permits and denial of permits; determina- tions of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City of Atlantic Beach Building Department 800 Seminole Road Atlantic Beach, Florida. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision IV. Per,nits Sec. 8-23. Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this chapter, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-24. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this chapter for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depend - Supp. No. 40 528 FLOOD HAZARD AREAS § 8-25 ing on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit or approval is required in addition to a building permit. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-24.1. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this chapter: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (7) Family mausoleums not exceeding two hundred fifty (250) square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-25. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. Supp. No. 40 529 § 8-25 ATLANTIC BEACH CODE (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in subdivision V of this chapter. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the floodplain administrator. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-26. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this chapter shall not be construed to be a permit for, or approval of, any violation of this chapter, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-27. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized is suspended or abandoned for a period of one hundred eigiiLy (180) days afLei Lhe woik commences. ExLensions fur periods of not more than one hundred eighty (180) days each shall be requested in writing and justifiable cause shall be demonstrated. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-28. Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any other ordinance, regulation or requirement of this community. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-29. Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The St. Johns River Water Management District; F.S. § 373.036. Supp. No. 40 530 FLOOD HAZARD AREAS § 8-30 (2) Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; F.S. § 161.141. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161.055. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision V. Site Plans and Construction Documents Sec. 8-30. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed develop- ment. (2) Where base flood elevations, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with subsection 8-31(2) or 8-32(3) of this chapter. (3) Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with subsection 8-31(1) of this chapter. (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. Supp. No. 40 531 § 8-30 ATLANTIC BEACH CODE (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. The floodplain administrator is authorized to waive the submission of site plans, construc- tion documents, and other data that are required by this chapter but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-31. Information in flood hazard areas without base flood elevations (approx- imate zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source; (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonable reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to develop base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is four and one-half (4.5) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than four and one-half (4.5) feet. (4) Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 532 FLOOD HAZARD AREAS § 8-33 Sec. 8-32. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in section 8-33 of this chapter and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as zone AO or zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in section 8-33 of this chapter. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-33. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 533 § 8-34 ATLANTIC BEACH CODE Subdivision VI. Inspections Sec. 8-34. General. Development for which a floodplain development permit or approval is required shall be subject to inspection. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-34.1. Development other than buildings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of this chapter and the conditions of issued floodplain development permits or approvals. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-34.2, Buildings, structures and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this chapter and the conditions of issued floodplain development permits or approvals. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-35. Same, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator: (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with subsection 8-31(3)(b) of this chapter, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-36. Same, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator a final certification of elevation of the lowest floor or final documen- tation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in section 8-35 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 534 FLOOD HAZARD AREAS § 8-41 Sec. 8-37. Manufactured homes. The building official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this chapter and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the building official. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision VII. Variances and Appeals Sec. 8-38. General. The city commission shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter. Pursuant to F.S. § 553.73(5), the city commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-39. Appeals. 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 admin- istration and enforcement of this chapter. Any person aggrieved by the decision of the city commission may appeal such decision to the circuit court, as provided by Florida Statutes. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-40. Limitations on authority to grant variances. The city commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in section 8-44 of this chapter, the conditions of issuance set forth in section 8-45 of this chapter, and the comments and recommendations of the floodplain administrator and the building official. The city commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-41. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in section 8-32 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 535 § 8-42 ATLANTIC BEACH CODE Sec. 8-42. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-43. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of section 8-41, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-44. Considerations for issuance of variances. In reviewing requests for variances, the city commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and the following: (1) 'the danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the commu- nity; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated develop- ment; (7) The relationship of the proposed development to the comprehensive plan and flood- plain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; Supp. No. 40 536 FLOOD HAZARD AREAS § 8-46 (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) 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, streets and bridges. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-45. Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this chapter or the required elevation standards; (2) Determination by the city commission that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and c. The variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision VIII. Violations Sec. 8-46. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this chapter that is performed without an issued permit, that is in conflict with Supp. No. 40 537 § 8-46 ATLANTIC BEACH CODE an issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this chapter. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this chapter or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-47. Reserved. Sec. 8-48. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this chapter and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-49. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. (Ord. No. 25-13-43, § 2, 4-8-13) ARTICLE II. DEFINITIONS Sec. 8-50. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this article. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-51. Terms defined in the Florida Building Code. Where terms are not defined in this chapter and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-52. Terms not defined. Where terms are not defined in this chapter or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Supp. No. 40 538 FLOOD HAZARD AREAS § 8-52 Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a one -percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the "one -percent -annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Coastal construction control line. The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that portion of the beach -dune system subject to severe fluctuations based on a 100 -year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V zones" and are designated on flood insurance rate maps (FIRM) as zone V1 -V30, VE, or V. [Note: The FBC, B defines and uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the term "coastal high hazard areas."] Design flood. The flood associated with the greater of the following two (2) areas: [Also defined in FBC, B, Section 1612.2.] (1) Area with a floodplain subject to a one -percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet. [Also defined in FBC, B, Section 1612.2.] Supp. No. 40 539 § 8-52 ATLANTIC BEACH CODE Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before March 15, 1977. Also defined in FBC, B, Section 1612.2. Existing manufactured home park or subdivision. 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 15, 1977. Expansion to an existing manufactured home park or subdivision. 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). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] Flood hazard area. The greater of the following two (2) areas: [Also defined in FBC, B, Section 1612.2.] (1) The area within a floodplain subject to a one -percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood insurance rate map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.] Supp. No. 40 540 FLOOD HAZARD AREAS § 8-52 Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Floodplain administrator: The office or position designated and charged with the adminis- tration and enforcement of this chapter (may be referred to as the floodplain manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this chapter. Floodway. The channel of a river or other riverine 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. [Also defined in FBC, B, Section 1612.2.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings. Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include: Letter of map amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Supp. No. 40 541 § 8-52 ATLANTIC BEACH CODE Letter of map revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delinea- tions, and other planimetric features. Letter of map revision based on fill (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional letter of map revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP require- ments for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as -built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at eight thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or (2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor: The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Manufactured home. A structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. Aparcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market Supp. No. 40 542 FLOOD HAZARD AREAS § 8-52 value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser. New construction. For the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after March 15, 1977 and includes any subsequent improve- ments to such structures. New manufactured home park or subdivision. 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 on or after March 15, 1977. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Recreational vehicle. A vehicle, including a park trailer, which is: (See F.S. § 320.01) (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. Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach. Special flood hazard area. An area in the floodplain subject to a one -percent or greater chance of flooding in any given year. Special flood hazard areas are shown 011 FIRMs as zone A, AO, Al -A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction. The date of issuance for new construction and substantial improve- ments to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred eighty (180) days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as Supp. No. 40 543 § 8-52 ATLANTIC BEACH CODE garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.] (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance. A grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. (Ord. No. 25-13-43, § 2, 4-8-13) ARTICLE III. FLOOD RESISTANT DEVELOPMENT DIVISION 1. BUILDINGS AND STRUCTURES, SUBDIVISIONS, SITE IMPROVEMENTS, MANUFACTURED HOMES, RECREATIONAL VEHICLES AND PARK TRAILERS, TANKS, OTHER DEVELOPMENT Subdivision I. Buildings and Structures, Subdivisions, Site Improvements Sec. 8-53. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to section 8-24.1 of this chapter, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and Supp. No. 40 544 FLOOD HAZARD AREAS § 8-56 constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of section 8-82 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-54. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. (2) Minor structures and non -habitable major structures as defined in F.S. § 161.54, shall be designed and constructed to comply with the intent and applicable provisions of this chapter and ASCE 24. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-55. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-56. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats; (2) Where the subdivision has more than 50 lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with subsection 8-31(1) of this chapter; and (3) Compliance with the site improvement and utilities requirements of sections 8-55 through 8-62 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 545 § 8-57 ATLANTIC BEACH CODE Sec. 8-57. Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-58. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-59. Water supply facilities. All new and replacement water supply facilities shah be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-60. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in subsection 8-32(1) of this chapter demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-61. Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and Supp. No. 40 546 FLOOD HAZARD AREAS § 8-65 protection against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures (zone A only), fill shall comply with the requirements of the Florida Building Code. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-62. Limitations on sites in coastal high hazard areas (zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by subsection 8-32(4) of this chapter demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 8-67 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision II. Manufactured Homes Sec. 8-63. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-64. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residen- tial Section R322.2 and this chapter. (2) In coastal high hazard areas (zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-65. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Supp. No. 40 547 § 8-65 ATLANTIC BEACH CODE Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-66. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with section 8-66.1 or 8-67 of this chapter, as applicable. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-66.1. General elevation requirement. Unless subject to the requirements of section 8-67 of this chapter, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (zone A) or Section R322.3 (zone V). (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-67. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to section 8-66.1 of this chapter, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (zone A) or Section R322.3 (zone V); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six (36) inches in height above grade. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-68. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 548 FLOOD HAZARD AREAS § 8-72 Sec. 8-69. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision III. Recreational Vehicles and Park Trailers Sec. 8-70. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than one hundred eighty (180) consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick - disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-70.1. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in section 8-70 of this chapter for temporary placement shall meet the requirements of sections 8-63 through 8-69 of this chapter for manufactured homes. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision IV Tanks Sec. 8-71. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-72. Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of section 8-73 of this chapter shall: (1) Be permitted in flood hazard areas (zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. Supp. No. 40 549 § 8-72 ATLANTIC BEACH CODE (2) Not be permitted in coastal high hazard areas (zone V). (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-73. Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation requirements of the applicable flood hazard area. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-74. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. (Ord. No. 25-13-43, § 2, 4-8-13) Subdivision V. Other Development Sec. 8-75. General requirements for other development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of section 8-60 of this chapter if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydro- static loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage -resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. (Ord. No. 25-13-43, § 2, 4-8-13) Supp. No. 40 550 FLOOD HAZARD AREAS § 8-80 Sec. 8-76. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of section 8-60 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-77. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 8-60 of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-78. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one (1) side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 8-60 of this chapter. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of subsection 8-32(3) of this chapter. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-79. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-80. Decks and patios in coastal high hazard areas (zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. Supp. No. 40 551 § 8-80 ATLANTIC BEACH CODE (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-81. Other development in coastal high hazard areas (zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that wot1u increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control struc- tures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. (Ord. No. 25-13-43, § 2, 4-8-13) Sec. 8-82. Nonstructural fill in coastal high hazard areas (zone V). In coastal high hazard areas: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. Supp. No. 40 552 FLOOD HAZARD AREAS § 8-82 (2) Nonstructural fill with finished slopes that are steeper than one (1) unit vertical to five (5) units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or appli- cable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach -dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. (Ord. No. 25-13-43, § 2, 4-8-13) [The next page is 577] Supp. No. 40 553 SOLID WASTE AND RECYCLING § 16-19 (b) The term of the franchise may be extended for additional terms, as provided for in the solid waste collection franchise contract. Provided, however, in no manner shall this clause be construed to vest in the franchisee any right or option to extend the term of this franchise beyond the termination date set forth in subsection (a) of this section. (Ord. No. 55-07-31, 3-26-07) Sec. 16-16. Franchise fees. Franchise fees may be enacted by the city commission by ordinance, and may be charged in accordance with the same or the provisions of the franchise contract. Franchise fees may be a percentage of the gross revenue for one (1) or more types of waste collection services provided within the city limits, whether or not service is provided under the franchise contract or by the contract franchisee. For any services required to be performed under this franchise, the charges by the city to the recipients of the solid waste collection services shall be as set forth by city ordinance. (Ord. No. 55-07-31, 3-26-07) Sec. 16-17. Noncompliance. The franchisee shall not be required to collect any garbage, recyclable items or yard trash that does not comply with this chapter. (Ord. No. 55-07-31, 3-26-07) Sec. 16-18. Private refuse collectors; collection of commercial recycling and con- struction and demolition debris. All persons and organizations desiring to engage in the business or activity of collecting construction and demolition (C&D) materials or commercial recycling within the city shall, as a prerequisite to doing so, obtain a construction and demolition and/or recycling collection franchise permit from the city manager or his designee. No person or organization shall engage in such business or activity within the city without first having obtained such a permit. This service will be performed under a separate contract between the contractor and the user. The contractor will bill the user directly for delivery, rental, collection and disposal. The rates for this service shall be agreed upon in advance including per pull and delivery costs, and costs for disposal. Contractors will pay a twenty -percent franchise fee to the city and will submit the fee to the city quarterly. Contractors shall provide the city records identifying the address, volume of collection, and such other information as requested by the city on the first of each month. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-19. City's collection exempt from sections 16-10 through 16-18. The provisions of these sections shall not apply to refuse, C&D materials or recycling collection services performed by the city whether directly or indirectly or by contract. The city's franchise service provider is exempt from this article. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Supp. No. 40 953 § 16-20 ATLANTIC BEACH CODE Sec. 16-20. Application; fee action by city commission. Persons other than the city's franchise contractor desiring construction and demolition or recycling collection permits shall complete and submit to the city manager or his designee a franchise application form, together with an application fee in the amount of two thousand five hundred dollars ($2,500.00). The form of application shall be prescribed by the city manager and furnished to applicants by the city manager or his designee. Sufficient information shall be provided to give the city reasonable assurance that proposed hauling activities will not create noise, dust, odor, litter or other noxious conditions, that materials collected will be properly disposed of at authorized facilities and that the applicant has sufficient resources to carry out the proposed hauling activities. Any permit granted by the city manager pursuant to this section shall not exceed one (1) year in term. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-21. Issuance of permit. The city manager or his designee shall issue franchise permits for construction and demolition or recycling collection subject to the following requirements. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-22. Permit requirements and rules. All franchise permit holders shall comply with the following requirements and rules: (a) Liability insurance. Each permit holder shall secure and maintain a public liability insu anee policy in the amount of not less then one million dollars ($1,000,000.00) for one (1) person injured, and two million dollars ($2,000,000.00) for more than one (1) person injured, and property damage liability insurance of not less than one million dollars ($1,000,000.00). In addition each permit holder must secure a total umbrella insurance policy of not less than one million dollars ($1,000,000.00). All policies must have the city listed as additional insured. Evidence of such insurance shall be deposited with the city manager or his designee prior to issuance of the permit. Upon request by the city, the permittee shall produce evidence of such continued coverage during the term of the permit. (b) Equipment. Permit holders within the city limits shall use only packer -type equipment or appropriate trucks for safely hauling roll -off type containers. (c) Sanitary conditions. Each permit holder shall clean the trucks and all containers from which they collect refuse as needed, but in no event less than once each month. (d) Customers. Permit holders shall serve only those customers who have signed an agreement for services provided. Such agreement shall specify the fee to be charged and any extra charges that may occur as a result of services being provided. Supp. No. 40 954 SOLID WASTE AND RECYCLING § 16-23 (e) Identification of equipment. Each permit holder shall place and maintain the name, telephone number and permit number in a conspicuous place and display the same in a conspicuous manner on each vehicle operated by the company and each container serviced by them within the city. (f) Inspection. The city shall have the right to inspect all equipment used and all containers serviced by permit holders within the city. In the event any such equipment or containers are determined to be unsafe or unsanitary, the permit holder shall have twenty-four (24) hours after notice of the deficiency within which to correct the deficiency. The permit holder shall have the right to appeal the decision of the city's inspector to the city commission. The safety requirements referred to are not meant to suspend any other requirement of the city code or state law. (g) Personnel. Each permit holder shall devote sufficient personnel, time and attention to his refuse operation to assure a sanitary and safe operation within the city. To this end, the permit holder shall employ competent and sober personnel within the city. The permit holder shall employ no person convicted of a felony crime within two (2) years. Each permittee will prepare a written policy as part of its application, addressing hiring and retention of its employees with regard to driving violations and random testing for use of illegal substances. (h) Compliance with laws. Each permit holder shall comply with all applicable state and federal laws and regulations and especially those relating to wages and hours, and all other applicable laws pertaining to employment and protection of employees, now or hereafter in effect. (i) Disposal of construction and demolition materials and recyclables. Each permit holder shall dispose of all construction and demolition materials or recyclables collected within the city at an approved and licensed disposal site. An alternate site may be used if approved the city manager or his designee. (j) Permit renewal. Fee for renewing an active permit shall be one thousand five hundred dollars ($1,500.00) for one year. Documentation of continued insurance coverage is required for permit renewal. If the franchise permit expires, the full application, including fee, will be required. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-23. Revocation or suspension of permits. Permit holders violating any of the provisions of this article may have their permits suspended by the city manager. Failure of the city manager to suspend a permit shall not constitute a waiver. The city manager reserves the right to revoke permits issued pursuant to this article for violation of this article or for other good cause. (Ord. No. 55-07-31, 3-26-07) Supp. No. 40 955 § 16-24 ATLANTIC BEACH CODE Sec. 16-24. Permits not transferable. Permits issued pursuant to this article shall not be assignable or otherwise transferable. Any attempt at assignment or transfer shall automatically render the permit null and void. (Ord. No. 55-07-31, 3-26-07) Sec. 16-25. Authority of permit holders. Permits are authorized under this article to aid the city in fulfilling its responsibility for providing an adequate, safe and sanitary system of collecting, transporting and disposing of refuse from buildings and establishments which are not covered by the city's solid waste collection service franchise. (Ord. No. 55-07-31, 3-26-07) Sec. 16-26. Ownership of recyclable materials. All recyclable materials, once placed at a collection location or in a recycling container at a collection location, become the exclusive property of the city and/or its collection contractor. Recovery of recyclable materials from any solid waste generated or brought within the city must occur prior to the placing in a recyclable container at a collection location, and such recovery shall be subject to state and local public health and safety laws. (Ord. No. 55-07-31, 3-26-07) Sec. 16-27. Restrictions on removal of deposited recyclables. No person, firm or corporation shall be permitted to collect, vandalize or remove either recycling containers or recyclable materials placed in or near the recycling containers, designated collection locations and commercial dumpster locations unless previously autho- rized by the city. (Ord. No. 55-07-31, 3-26-07) Sec. 16-28. Prima facie evidence of production of garbage; duty of city to inspect premises. Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated on the premises. It shall be the duty of the proper representatives of the city to inspect and supervise the premises and remove all refuse and garbage found on the premises, provided the required fees as required by this chapter have been paid by the resident or occupant, or to notify the proper persons if the removal is not the duty of the city. (Ord. No. 55-07-31, 3-26-07) Supp. No. 40 956 SOLID WASTE AND RECYCLING § 16-32 Sec. 16-29. Enforcement. The police department, the public works department, the commission, the city manager or his designee, the building official and the code enforcement officer, shall enforce this chapter. All parties herein referred to are hereby authorized to sign complaints for a violation of this chapter. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-30. Violations and penalties. The violation of any provision of this chapter shall be punished by a fine of two hundred fifty dollars ($250.00) per day. Each calendar day may be considered a separate violation. Said fine may be imposed on both the contractor or property owner hiring the non -franchised hauler and against the hauler for placing an unauthorized container within the city limits of Atlantic Beach. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-12-36, § 1, 8-27-12) Sec. 16-31. Conflict of provisions. That all ordinances or parts of ordinances in conflict with this chapter are, to the extent that the same may conflict, are hereby repealed. (Ord. No. 55-07-31, 3-26-07) Sec. 16-32. Effective date. This chapter shall take effect on June 1, 2007, and shall be recorded in a book kept and maintained by the clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with F.S. § 125.68. (Ord. No. 55-07-31, 3-26-07) [The next page is 995] Supp. No. 40 957 SIGNS AND ADVERTISING STRUCTURES § 17-2 Double-faced sign: A sign with two (2) sides that are usually but not necessarily parallel. Exempt signs: Signs as set forth within section 17-26 of this chapter, which are exempt from certain requirements of this chapter. Fascia sign: Any sign attached to or installed against a wall of a building. "Fascia sign" includes wall signs, and cabinet and panel type signs, and signs located on the fascia of a roof, or affixed to a roof plane, provided such sign does not extend above the height of the roof. Flag: A piece of cloth or similar material having a distinctive size, color, and design used as a symbol, standard, signal and other similar items of recognition and may include insignias of governmental, religious, charitable, fraternal or other organizations. Any flag and pole or attachment that frequently holds a flag shall be deemed a permanent flag. Flashing sign: Any sign which uses an external or internal intermittent light source, which results in changing light intensity (including on -off -on), brightness or color, or which is constructed and operated so as to create an appearance of illusion of motion or creates movement by any means. Freestanding sign: Any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign. Ground sign: See Freestanding sign. Height of sign: The vertical distance measured from the lowest grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame, embellishment or other type of upward extension from the sign. Marquee sign: Any sign adhered or attached to a permanent roof -like structure, including awnings and canopies projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall and generally designed and constructed to provide protection against the weather. Marquee signs shall include all signs placed upon any type of marquee, canopy, awning, or similar structure. Monument sign: A type of freestanding sign placed upon the ground independent of support from the face of a building that generally has greater width than height and typically constructed of a solid material such as wood, masonry or high-density urethane. Non -conforming sign: Any sign, which was lawfully erected with properly issued sign permits, but which does not comply with the land use, setback, height, size, spacing, and lighting or other provisions of these regulations or other laws, as may be amended. Obscene sign: Any sign containing statements, words, pictures or symbols of an obscene nature. The word obscene shall be as defined in F.S. 847.001, as may be amended from time to time. Pennants: Any small, single flag -like piece of cloth, plastic or paper attached to any staff, cord, building, or other structure at only one (1) or two (2) edges, the remaining hanging loosely; lacking the insignia of a flag. Supp. No. 40 997 § 17-2 ATLANTIC BEACH CODE Personal expression sign: Any sign containing a message of non-commercial opinion or endorsement and not containing a commercial advertising message. Pole sign: See Freestanding sign. Political campaign sign: Any temporary sign, as may be authorized under this chapter, erected or displayed for the purpose of advertising a qualified candidate on any primary, general, or special election ballot within the City of Atlantic Beach. Portable sign: A sign that may be mobile and has no permanent attachment to a building or to the ground by means of a footing, including signs with wheels designed to be pulled or towed on a trailer or similar towing device. Projecting sign: See Bracket sign. Public sign: Any sign placed and maintained by the City of Atlantic Beach, Duval County, the State of Florida, the United States Government, a public utility, school district, or other duly authorized public agency. Public signs may be placed in locations as determined necessary and appropriate by the public agency and shall include public information signs, public identification signs, public directional signs, banner signs, and street name signs installed by a public agency, traffic control signs, warning signs and similar signs. Pylon sign: See Freestanding sign. Roof sign: Any sign attached to a building or the roof structure of a building by any means, which extends above the height of the roof or roof plane. Sign: Any identification, description, illustration, or device illuminated or non -illuminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, placed, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, flag, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign display area: The sign display area shall be defined as the area enclosed within any geometric figure, which would enclose all parts of the advertising message of the sign. The structural supports for a sign, whether they are columns, pylons, or a building or part thereof, shall not be included in the sign display area. Sign face area: The part of the sign, including all frame, trim and background, which contains the sign display area, advertising message or informative contents. Sign permit: A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of article V of this chapter. Sign structure: Any structure that supports, has supported, or is capable of supporting a sign, including decorative covers and embellishments. Supp. No. 40 998 SIGNS AND ADVERTISING STRUCTURES § 17-26 Snipe sign: Any sign of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or attached in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may or may not be applicable to the present use of the property upon which such sign is located. Vehicle sign: Any sign placed within, upon or affixed to a motorized vehicle, other than a registered logo, trademark or service mark that is attached to a motorized vehicle. Vehicle signs shall not include political campaign signs, personal expression signs, bumper stickers, decorative decals and the like, provided these are otherwise in compliance with the provisions of this chapter. Wall sign: See Fascia sign. Width of sign: The horizontal distance measured from one (1) edge of the sign structure extending to the opposite edge of the sign structure, including any frame, embellishment or other type of extension from the sign. Window sign: Any sign placed inside a window of a building, facing the outside and which is intended to be seen from the exterior. Window signs shall be included in the signs allowed for that site, activity or business. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 1, 3-25-13) Secs. 17-3-17-25. Reserved. ARTICLE II. SIGNS PERMITTED Sec. 17-26. Exempt signs. (a) Within all non-residential zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: (1) Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (2) Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three (3) inches in height and limited to a maximum area of two (2) square feet. (3) Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. (4) Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into any masonry surface or when constructed of bronze or other similar noncombustible material. Supp. No. 40 999 § 17-26 ATLANTIC BEACH CODE (5) Professional nameplates for physicians, surgeons, dentists, musicians, lawyers, archi- tects, teachers and other like professional persons placed on the premises occupied by the person(s), not exceeding one (1) square foot in sign face area, provided such professional has a valid occupational license as may be required for the particular profession to operate on those premises. (6) Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three (3) square feet in sign face area, provided such occupant has a valid occupational license as may be required to operate on those premises. (7) Signs depicting only time and temperature. (b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: (1) Not more than one (1) real estate sign advertising the sale, rental or lease of only the premises on which the sign is located. Such signs shall not exceed six (6) square feet in area, and five (5) feet in height. Signs advertising the sale, rental or lease of property exceeding this size and height shall not be considered as exempt signs and shall be subject to the provisions of section 17-29(d). (2) Signs noting the architect, engineer or contractor for a development project when placed upon work under construction, provided the sign shall be removed within fifteen (15) days of completion of construction. Such signs shall not exceed six (6) square feet in size or eight (8) feet in height. (3) Signs as required by law to display building permits or other similar required public notices. (4) Public signs, banner signs, traffic signs, street name signs, legal notices, danger signs and temporary emergency, informational or non -advertising signs, when erected by city, county, state or federal authorities. (5) No trespassing and private property signs not exceeding two (2) square feet in area. Such signs shall not be displayed from or attached to trees, utility poles or any type of utility structure or equipment, including lift stations, fire hydrants and the like. (6) Vacancy or no vacancy signs not exceeding two (2) square feet in area. (7) Temporary political campaign signs announcing the candidacy of a qualified candidate for public office not exceeding four (4) square feet in area may be placed wholly within the boundaries of any property, at the discretion or consent of the legal owner and/or occupant of the property, provided such signs conform with all traffic, electrical, maintenance, fire and safety regulations of the city. The placing of political campaign signs on city property, other public property or on public rights-of-way shall be prohibited. Political campaign signs displayed within motor vehicles conducting routine business activities on city or other public property Supp. No. 40 1000 SIGNS AND ADVERTISING STRUCTURES § 17-27 shall not be prohibited, provided that no such vehicle shall be parked on city property, other public property or on public rights-of-way for the sole purpose of displaying political campaign signs. Illegally placed political campaign signs shall be removed by the code enforcement officer without notice to the candidate or abutting property owner or occupant. Political campaign signs shall not be placed on property prior to qualification of the candidate to run for office, and all such signs shall be removed within seventy-two (72) hours after the last election. If such signs are not removed within this period of time, the city may remove such signs and may charge the candidate the actual cost for such removal. Collected funds shall be deposited into the city general revenue. Failure to remove signs is a violation of this Code and is enforceable pursuant to F.S. Chapter 162, Code Enforcement. (8) Personal expression signs limited to one (1) per lot or parcel, or in the case of multi -family uses, one (1) per dwelling unit, expressing personal views or opinions not exceeding four (4) square feet in area, providing such signs are otherwise in compliance with applicable local, state and federal laws. (9) Religious symbols. (10) Garage sale signs or open house signs within residential zoning districts, not exceeding four (4) square feet in size, limited to two (2) per site and located only at the location of such event. Such signs may be displayed one (1) day before the garage sale or open house and shall be removed immediately after conclusion of the event. No garage sale sign or open house sign may be erected upon any public right-of-way. (11) Signs placed within interior courtyards, the inside fence line of recreational fields and on golf courses, provided such signs are visible only to those persons visiting such place and are otherwise in compliance with this chapter. (12) Address and street number signs not exceeding two (2) square feet. (13) Holiday and seasonal decorations shall not be construed as signs, providing that these contain no commercial advertising message. (14) Not more than two (2) flags per development parcel, but if there are two (2) flags, then one (1) must be the flag of the United States of America. A development parcel with more than one (1) principal structure may have two (2) flags for each principal structure with more than five thousand (5,000) square feet of fully enclosed floor area. Each flag shall not exceed twenty-four (24) square feet in area; however, this size limitation shall not apply to United States of America flags at public buildings and parks. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-13-18, § 2, 3-25-13) Sec. 17-27. General provisions applying to all permitted signs. All signs shall be subject to the following general provisions. (1) No sign shall be installed, erected or placed prior to issuance of a sign permit as required by article VI of this chapter, except for exempt signs as set forth in section 17-26. Signs shall be located only on property where the sign serves to provide an advertising message for that property. Supp. No. 40 1001 § 17-27 ATLANTIC BEACH CODE (2) All signs shall be engineered and constructed as required by these regulations and the Florida Building Code. Signs shall be professionally designed, lettered and con- structed. (3) Signs constructed for the purpose of displaying an advertising message shall be constructed of materials suitable to withstand weather related deterioration and shall not be constructed of plywood, cardboard, paper or other such materials, which deteriorate quickly when exposed to normal weather conditions. (4) No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks (5) No sign shall be attached to or placed against a building in any manner which impedes or blocks ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (6) No sign shall be erected near the intersection of any street in such a manner so as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of any word or words commonly used on traffic -control signs or signals. (7) Where the rear of any sign structure is visible from any street or from any adjoining residential zoning district, all exposed structural and electrical components of any such sign shall be concealed in a manner as approved by the city manager. (8) Fascia or wall signs, shall be mounted directly upon the surface of the building, and shall not be mounted upon exposed raceways, or other type of protrusions from the surface of the building. (Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-0R-14, 7-14.03) Sec. 17-28. Signs permitted within residential zoning districts. (a) Except for exempt signs as provided for in section 17-26, signs within residential zoning districts, shall be limited to those as set forth below. (1) For single-family and two-family residential subdivisions and developments contain- ing ten (10) or more residential lots, where individual lots are accessed from a common internal roadway, one (1) sign identifying the name of the subdivision shall be allowed at each entrance from a collector or arterial street, not to exceed two (2) signs. a. Size permitted: Thirty-two (32) square feet of sign face area. Supp. No. 40 1002 TAXATION § 20-59 Sec. 20-58. Exemptions. Except from the provisions of this article are those persons exempt under F.S. § 205.063 et seq. Sec. 20-59. Schedule of fees. No person, firm or corporation shall engage in or manage any trade, business, profession, or occupation without first obtaining a receipt and paying an annual fee, which shall be assessed as follows: MANUFACTURING ESTABLISHMENTS: Manufacturer, all: 0-1,500 sq. ft $59.03 1,501-5,000 sq. ft 99.56 5,001-15,000 sq. ft 133.11 15,001 sq. ft. and over 333.39 PROFESSIONAL ESTABLISHMENTS (Physical facility) Any person applying for a business tax receipt to practice any profession regulated by the state department of professional regulation, or any other state board or commission thereof, must exhibit an active state certificate, registration, or license, before the business tax receipt may be issued. This classification of business tax shall consist of, but shall not be limited to the following types of business, and the business tax for the professional establishment shall be assessed at the rate indicated. 0-1,500 sq. ft $59.03 1,501-5,000 sq. ft 99.56 5,001-15,000 sq. ft 133.11 15,001 sq. ft. and over 333.39 Accountancy firm/corporation Architect firm/corporation Air conditioning/heating Attorney firm/corporation Barber shop Beauty shop Brokerage firm/corporation: Mortgage, stocks, bonds Building contractor Cosmetology salon Supp. No. 40 1165 § 20-59 ATLANTIC BEACH CODE Cosmetology school Day care, adult Day care, children Dental lab Detective/investigative agency Diet/weight control center Educational establishment (trade, technical) Electrical contractor Engineer firm/corporation Funeral home General contractor Hearing aid center Insurance agency Land surveyor business Landscape architect firm/corporation Loan company Massage establishment Mechanical contractor Medical office Miscellaneous, other than listed Nursing home Optometry office Pharmacy Plumbing/septic tank contractor Pool/hot tub/spa contractor Real estate appraiser Real estate agency Residential contractor Roofing contractor Security systems contractor Supp. No. 40 1166 TAXATION § 20-59 Sheet metal contractor Solar energy contractor Title company Underground utilities contractor Veterinary establishment Banks, national or state, credit union $333.39 Insurance company (Transacting any class of insurance within the municipal limits of the city, whether or not maintaining a place of business within the municipal bound- aries) $200.25 In addition to the license for the professional establishment (physical facility), each profes- sional engaged in such practice or profession shall pay a business tax as indicated. This classification of business tax shall consist of, but shall not be limited to the following: Accountant, each $119.22 Acupuncturist 39.36 Architect 119.22 Attorney 119.22 Auctioneer 119.22 Barber 39.36 Beautician 39.36 Building contractor 39.36 Chiropractor 119.22 Cosmetologist 39.36 Dental hygienist 39.36 Dental radiographer 39.36 Dentist 119.22 Detective/investigator 39.36 Dietitian 39.36 Electrician 39.36 Engineer 119.22 Funeral director/embalmer 119.22 Supp. No. 40 1167 § 20-59 ATLANTIC BEACH CODE General contractor 39.36 Hearing specialist 119.22 Insurance agent 119.22 Land surveyor 119.22 Landscape architect 119.22 Marriage or family counselor 119.22 Massage therapist 39.36 Mental health counselor 119.22 Miscellaneous, other than listed 39.36 Miscellaneous contractor 39.36 Mortgage broker 119.22 Nail specialist 39.36 Full specialist (nails/skin care) 39.36 Naturopath 119.22 Nursing home administrator 119.22 Occupational therapist 119.22 Optician 119.22 Optometrist 119.22 Irmantacibi, (.1 xenipL - ES. § 205.196) L' xempL Physical therapist 119.22 Physician 119.22 Plumber 39.36 Podiatrist 119.22 Professional, other than listed 119.22 Psychologist 119.22 Real estate appraiser 39.36 Real estate sales agent 39.36 Real estate broker 39.36 Residential contractor 39.36 Respiratory care practitioner/therapist 119.22 Stocks/bonds broker 119.22 Supp. No. 40 1168 TAXATION § 20-59 Veterinarian 119.22 RETAIL ESTABLISHMENTS: The business tax for retail establishments shall be assessed at the following rates: 0-1,500 sq. ft $59.03 1,501-5,000 sq. ft 99.56 5,001-15,000 sq. ft 133.11 15,001 sq. ft. and over 333.39 Antiques Appliance sales Art gallery/dealer Art framing/arts and crafts Auto new/used Auto parts/supplies Bakery Beauty supply Bicycles Boat, new/used Book stores/stationers Building supplies Butcher/meat market Cabinet/carpentry shop Candy/pop corn Ceramics Clothing Collectibles Communications equipment (cell phones/beepers) Computer, hardware/software Convenience store Cosmetics Crafts/home accessories Supp. No. 40 1169 § 20-59 ATLANTIC BEACH CODE Gifts/greeting cards Decorator sales Delicatessen Department/variety store Electronic equipment/radio/television Fabric shop Fish/seafood market Fishing supplies (bait and tackle) Fish: tropical/aquarium Floor coverings: carpet, tile, etc. Florist, cut flowers, plants, etc. Furniture sales Garden center/nursery Gas, LP dealers Glass: auto, plate, window, mirror Grocery store Guns/firearms dealer Hardware store Health food store Ice cream vendor (mobile) Ice cream parlor Internet sales Jewelers Liquor store (not for consumption on premises) Lumber yard/sales Mail order/catalog sales Marine equipment/supplies Miscellaneous sales, other than listed Mobile home/RV dealer Motorcycle sales, new/used Supp. No. 40 1170 TAXATION § 20-59 Music shop Office equipment/supplies Optical devices/equipment sales Pawnshop Pet shop, sales/supplies Photographic equipment/supplies Plumbing fixtures/supplies Records/tapes/CD/video sales Secondhand/thrift stores Shoe sales Sporting goods Tobacco products Toy store Trophy/award sales Video equipment sales/rental Wall covering/window treatment Water companies, bottled or bulk SERVICE ESTABLISHMENTS: The business tax for service establishments shall be assessed at the following rates: 0-1,500 sq. ft $59.03 1,501-5,000 sq. ft 99.56 5,001-15,000 sq. ft 133.11 15,001 sq. ft. and over 333.39 Advertising agency, firm or corporation engaged in creation, production or sale of media intended to promote or advertise Advertising, billboards, highway and wall signs (covering fabrication, erection and/or main- tenance of any type sign which is located on private property, exclusive of neon, which is covered under general receipt) Advertising, outdoor (general receipt covering all phases of advertising as defined in Chapter 479, Florida Statutes, relating to outdoor advertisers and including erecting, servicing and maintaining of electrical and neon signs) Animal grooming/kennel Supp. No. 40 1171 § 20-59 ATLANTIC BEACH CODE Apartment building/complex (Based on total sq. footage) Appliance service/repair Auto: Car wash Customizing/detailing Oil change Machine shop/welding Paint and body shop Rental/U-drive Road service/towing Service/repair Stereo/accessories installation Storage Tire dealer Service station (The number of pumps shall be calculated either individually or by island as numbered by the service station) 1-4 pumps $59.03 5-9 pumps 99.56 10-12 pumps 133.11 Over 12 pumps 333.39 Bar/lounge/tavern With one (1) COP receipt, add $65.97 With 2 COP receipt, add 133.11 With 4 COP receipt, add 267.40 With lounge and/or micro brewery, add 333.39 Boat repair Bowling alleys Bookkeeping Building inspection Carpentry Carpet cleaners Supp. No. 40 1172 TAXATION § 20-59 Catering Cement/stone/brick Cemetery Charter vessel Each vessel up to 25 ft $56.71 Plus $12.14 per foot additional for vessels over 25 ft. Vessels over 25 ft. require city commission approval Cleaning/janitorial/maid service Computer services Computer classes Consultant/systems analyst Computer repairs Software programs, writing of Consultant, not otherwise classified Country club With 1 COP receipt, add $65.97 With 2 COP receipt, add 133.11 With 4 COP receipt, add 267.40 With lounge and/or micro brewery, add 333.39 Dance hall With 1 COP receipt, add $65.97 With 2 COP receipt, add 133.11 With 4 COP receipt, add 267.40 With lounge and/or micro brewery, add 333.39 Delivery/messenger service Decorator/interior design Drywall installation Dredging/excavation contractor Employment agency Environmental services/consultant Fences, metal/wood contractor Supp. No. 40 1173 § 20-59 ATLANTIC BEACH CODE Fortune teller, clairvoyant, psychic, palmist spirit medium, etc. Financial consultant Foundation contractor Fuel oil service Furniture repair/upholstery Glass tinting/coating Health spa/gym Hotel/motel/rooming houses With 1 COP receipt, add $65.97 With 2 COP receipt, add 133.11 With 4 COP receipt, add 267.40 With lounge and/or micro brewery, add 333.39 Insulation contractor Instructional establishment: Arts/crafts Computer/secretarial Dance/music/fine arts Karate/martial arts irrigation contractor Junk/salvage yard Land development company Landscaping/lot clearing Laundromat, self service Laundry/dry cleaner Lawn/yard service Linen service Locksmith Machine repair/fabrication/welding Management company (Managing the property or business of another person, firm or corporation) Manufacturer's agent/representative Supp. No. 40 1174 TAXATION § 20-59 Marina Per slip/space up to 50 ft $12.72 Plus additional $12.72 for each additional foot over 50 ft. Marine construction (docks etc.) Masonry/ceramic tile Minor contractor (Miscellaneous odd jobs/repair) Miscellaneous service establishment, other than listed Mobile home parks Motion picture theater/establishment Motorcycle repair Moving/storage company Newspaper, branch office/publishing Office equipment maintenance Packing/shipping/mail service Painting/paper hanging Pest control/exterminator Photographer Photo processing service Piano tuner Pool service/maintenance Printer/print shop Process server Promoters of entertainment, exhibits, shows, event planner Publishing/public relations company Radio station/broadcasting company Radio/television/VCR repair Recycling company Rentals: Bicycles Equipment Supp. No. 40 1175 § 20-59 ATLANTIC BEACH CODE Furniture/appliances Video tapes, etc. Other Restaurants (this classification also includes snack bars and take-out only service) With 1 COP receipt, add $65.97 With 2 COP receipt, add 133.11 With 4 COP receipt, add 267.40 With lounge and micro brewery, add 333.39 Screen printing Secretarial service/data processing Security systems monitoring service Septic tank cleaning Shoe repair Sign painters/sign builders Signs, electric/neon Solicitation, door to door (unless exempted by chapter 18 of this Code or Chapter 496, Florida Statutes) (Plus $35.00 to cover the cost of investigation, section 18-3 of this Code) Small engine repair Sprinkler systems (fire) Storage/mini warehouses Tanning salon Tailor/dressmaker Telegraph service Telemarketing Telephone answering service Trailer park/tourist camp Travel agency Tree service/tree surgeon Water softening/conditioning Web site consultant Supp. No. 40 1176 TAXATION § 20-59 Well digger Window installation/service Other service establishments: Telephone company (subject to franchise) First 1,000 phones or instruments or fraction thereof, per phone or instrument operated or installed $.0860 Second 1,000 phones or instruments or fraction thereof over 1,000, per phone or instrument operated or installed $.0684 All over 2,000 phones or instruments, per phone or instrument operated or installed $.0507 Transportation: In addition to the receipt for the business establishment (physical facility), each individual engaged in transportation shall pay a business tax fee for each vehicle involved in the business, as follows: Taxi/limousine service Limousine, per vehicle $32.41 Taxi cabs 32.41 Towing/wrecker service Towing/wrecker service, per vehicle 32.41 Trucking Truck, per vehicle 32.41 Vending machines: The receipt for vending machines shall be the responsibility of the business where the vending machines are located and shall be in addition to other license(s) required for the business. Vending machines shall mean any amuse- ment/game machine, pool/billiard table, electronic music machine and any machine which dispenses a product. 0-3 machines $32.41 4-10 machines 65.97 11-19 machines 133.11 20 or more machines (arcade) 333.39 Commission approval will be required before business tax receipts will be issued for the following businesses, and business taxes shall be as follows: Passenger vessel Supp. No. 40 1177 § 20-59 ATLANTIC BEACH CODE 1-50 passenger capacity $127.33 51-100 passenger capacity 1,276.27 101 or more passenger capacity 159,535.18 Day labor employment service 6,381.39 Escort service 31,907.03 Body piercing/tattoo artist 243.09 Lingerie modeling shop 31,907.03 900 telephone service or equivalent 31,907.03 Sexually oriented live entertainment 31,907.03 Teen club 6,077.52 (Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; OrdNo. 45-86-7, § 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10, 1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98; Ord. No. 45-00-14, § 1, 7-24-00; Ord. No. 45-00-15, § 1, 9-11-00; Ord. No. 45-01-16, § 1, 1-14-02; Ord. No. 45-03-17, § 1, 6-23-03; Ord. No. 45-06-18, § 3, 9-25-06; Ord. No. 45-08-19, § 1, 11-10-08; Ord. No. 45-12-21, § 1, 7-23-12) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or business tax in addition to any business tax or excise tax now levied by the city, which tax shall be in the amount as established by F.S. 185.08 of the gross amount or receipts of premiums from policyholders on all premiums collected on casualty insurance policies covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 4, 9-25-06) State law reference -Authority for this section, F.S. § 185.08. Supp. No. 40 1178 Art. I. Art. II. Art. III. Art. IV. Art. V. Chapter 21 TRAFFIC AND MOTOR VEHICLES* In General, §§ 21-1-21-15 Stopping, Standing and Parking, §§ 21-16-21-49 Div. 1. Generally, §§ 21-16-21-35 Div. 2. Enforcement, §§ 21-36-21-49 Wrecker Service, §§ 21-50-21-59 Motor Vehicle Title Loans, §§ 21-60-21-74 Vehicles for Hire, §§ 21-75-21-85 ARTICLE I. IN GENERALt Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic Control Devices. There is hereby adopted by reference the Florida Uniform Traffic Control Law, being Chapter 316, Florida Statutes, as may be amended, which law shall be in full force and effect within the City as if fully set forth herein, and shall be considered as part of this Chapter. Also adopted by reference and considered as part of this Chapter is the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, as published and amended by the Federal Highway Administration. (Ord. No. 75-04-16, § 1, 9-13-04) Sec. 21-2. Permit required for parades and processions. No procession or parade shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the city manager and such other regulations as are set forth within this Code, which may apply. (Ord. No. 75-04-16, § 1, 9-13-04) Secs. 21-3 - 21-15. Reserved. *Cross references—Any ordinance pertaining to traffic or parking regulations applying to specific streets saved from repeal, § 1-5(10); use of vehicles prohibited in beach safety zone, § 5-17; mobile homes and recreational vehicles, Ch. 10; use of sirens, whistles, etc., on vehicles prohibited, § 11-4; offenses, Ch. 13; police, Ch. 15; signs and advertising structures as traffic hazards, § 17-4; streets, sidewalks and other public places, Ch. 19. State law references—Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local authorities, F.S. § 316.008. 'Editor's note—Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004, amended art. I to read as herein set out. Former art. I pertained to similar subject matter and derived from §§ 11-1, 22-2 of the 1970 Code. Supp. No. 40 1221 § 21-16 ATLANTIC BEACH CODE ARTICLE II. STOPPING, STANDING AND PARKING* DIVISION 1. GENERALLY Sec. 21-16. Manner of parking. (a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within twelve (12) inches of the edge of the roadway, except as provided in the following paragraphs: (1) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by the mark or sign. (2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise or material may be backed into the curb to take on or discharge loads. (b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed in any location on public or private property, which interferes with the safe, clear and unobstructed sight distance of any rights-of-way intended or designated for use by pedestrians, bicycles, and vehicles. Such obstruction shall be immediately removed by order of the police department, and if required, charges for towing and storage, as set forth herein shall apply. (Ord. No. 75-04-16, § 1, 9-13-04) State law reference—Similar provisions, F.S. § 316.195. Lai• P T Y La—JL 1 . lYY%%il➢Y O.fCa YYY specYYYe CLY"+t;alC9'. No person shall stop, stand or park a vehicle, in any of the following places or as restricted by the following provisions, except when necessary to avoid conflict with other traffic, or when complying with the directions of a police officer or an official traffic -control device. (a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any part of the sidewalk area; *Editor's note—Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. II to read as herein set out. Former art. II pertained to similar subject matter and originated from Ord. No. 75-82-3, §§ 1-11, adopted Apr. 12, 1982 and from §§ 11-3-11-8 of the 1970 Code. Additional amendatory history can be found in the Code Comparative Table located at the end of this volume. Cross references—Off-Street Parking and Loading, § 24-161; Parking Lots, § 24-162; Storage and Parking of Vehicles in Residential Districts, § 24-163. State law references—Authority to regulate or prohibit stopping, standing or parking, F.S. § 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; additional parking regulations, F.S. § 316.195. Supp. No. 40 1222 TRAFFIC AND MOTOR VEHICLES § 21-65 (9) Criminal conduct in the course of a licensee's business as a title lender. (10) Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years. (11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions of this part. (12) Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own or the registered name of his business. (13) Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one-third ('1s) of the value of the motor vehicle. The city shall determine the method of assessing the value of the pledged property. (14) Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this part. (15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower with any and all of the title lender's liens on the property properly released within thirty (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order. (16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by this part. (17) Engaging in business as a title lender without first securing the required license. (18) Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid. (19) Charging a prepayment penalty. (20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement. (21) Acting as a title loan lender in the city six (6) months after the effective date of the ordinance from which this article derives (December 14, 1998) without a current, active license issued by the city pursuant to this part. (22) In any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, advertisement or hypothecation of a title loan transac- tion, directly or indirectly: (i) To knowingly or willingly employ any devise, scheme or article to defraud; (ii) To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or sale of any title loan; Supp. No. 40 1239 § 21-65 ATLANTIC BEACH CODE (iii) To obtain property by fraud, willful misrepresentation of a future act or false promise. (23) In any manner within the jurisdiction of the city to knowingly and willfully falsify, conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry. (24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction in the city; or aiding, assisting or conspiring with any other person engaged in any such misconduct and in furtherance thereof. (b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the city may enter an order and take one or more of the following actions: (1) Deny the application for license pursuant to this article. (2) Revoke or suspend a license previously granted pursuant to this part. (3) Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the city may specify. (4) Issue a letter of concern or reprimand. (5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this article. (6) impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation of this part. (7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an action successfully enforcing any fine imposed under this part. (c) When the city has reasonable cause to believe that a licensee is operating in violation of this part, it may bring a civil action in any court of competent jurisdiction to enforce or administer this part, including a temporary or permanent injunction, or appointment of a receiver. (d) The city may adopt rules which set forth with specificity acts or practices which violate this part and which prescribe procedural rules for the administration of this part. (Ord. No. 75-98-13, § 1, 12-14-98) Sec. 21-66. Transition period for regulations, restrictions and licensure provisions. Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from which this article derives (December 14, 1998) shall have six (6) months from Supp. No. 40 1240 TRAFFIC AND MOTOR VEHICLES § 21-76 the effective date of the ordinance to comply with the regulations, restrictions and licensure provisions of this part before the city may initiate any administrative or civil action, or refer a matter for criminal prosecution. (Ord. No. 75-98-13, § 1, 12-14-98) Secs. 21-67-21-74. Reserved. ARTICLE V. VEHICLES FOR HIRE Sec. 21-75. Definitions. Whenever used in this article, the following words and terms shall have the following meanings: Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or otherwise pursuant to a local business tax receipt issued as herein provided. Vehicle for hire shall mean all motorized vehicles defined and classified in section. Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways, sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles. Taximeter shall mean a mechanical or electronic device which calculates and displays a predetermined rate and indicates the charge for hire of a taxicab and which also records and indicates a fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or charges. Transport shall mean to operate or cruise over the streets of the city and its adjacent territory for the purpose of moving passengers or goods from one (1) point to another. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-76. Classification of vehicles for hire. For the purpose of construing and applying the terms of this chapter all motorized vehicles which operate over and upon the streets and driveways of the city for the transportation of person(s) for compensation shall be classified and defined as follows: (a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfortably transport seven (7) or more persons, which is not used for regularly conducted amusement rides or sight-seeing tours, and is not operated by another governmental agency. (b) Cruising car. Any vehicle for hire based upon a pre -established schedule of flat charges rather than by taximeter calculation, with an open touring or sedan body, designed and constructed to comfortably transport not more than six (6) persons, including the driver. Supp. No. 40 1241 § 21-76 ATLANTIC BEACH CODE (c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed in advance, and is a chauffeured, luxury class passenger vehicle that is built or modified for the purpose as a limousine. (d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons used in regularly conducted sightseeing trips, which originate from and terminate at a single specified point, the destination or route of which is not under the direction of the passenger or passengers transported therein; which is not used as a means of local transportation within the city; and which neither receives nor discharges passengers along its routes. (e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station or garage, the destination and route of which is under the direction of the passenger or passengers transported therein, and fitted with a taximeter or other mechanical device by which the charge for hire is mechanically calculated by measuring and recording either the distance traveled with such vehicle or the waiting time or both. (f) Van. Any vehicle recognized as either a full-size passenger van or a passenger vehicle on a van or truck chassis. The term shall not include a cargo or panel van. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-77. Manner of advertising No driver of a vehicle for hire shall be permitted to advertise such business before the public under any other name or names than the specified name or names recited in the particular business tax receipt under which such holder is authorized to engage in the business of the transportation of person(s) for compensation. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-78. Printed matter appearing on a vehicle for hire, (except limousines); certain information required; advertising regulated. (a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both the right and left sides and the rear of the vehicle so that the name shall be plainly visible, with lettering at least four (4) inches in height, and made to reflect lights shined on them in the dark. (b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered medallion issued by the City of Jacksonville. (c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends below the bumper or beyond either side, and so as not to interfere in any manner with full vision through the rear window of the vehicle. (Ord. No. 75-13-18, § 1, 7-8-13) Supp. No. 40 1242 TRAFFIC AND MOTOR VEHICLES § 21-81 Sec. 21-79. Inspection of vehicles. It shall be the duty of every driver to subject the vehicle to a complete and thorough inspection as required by the City of Jacksonville. Written certification of such inspection shall be maintained in the vehicle while operating in the City of Atlantic Beach. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-80. Equipment and safety requirements for vehicles for hire. All vehicles in service as vehicles for hire shall have the following equipment on each vehicle, which equipment shall be maintained in good working condition. (a) Front and rear lights meeting state standards and a dashboard light that will indicate when any of the vehicle's doors are not securely closed; (b) Adequate brakes on all wheels; (c) Tires of the quality of original equipment as specified by the manufacturer, or better; (d) Speedometer in good working order; (e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and shall be free of tears and cuts; (f) Seatbelts for the driver and all passengers; (g) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2.5) lbs.); (h) Adequate heater and air conditioner; (i) All seats in a shuttle vehicle shall be factory installed only; (j) Except for limousines, there shall be no shades, blinds or curtains between the rear seat or seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants or the for -hire driver from observation or obstruct the view through the rear window. All vehicles for hire shall be maintained in a clean, well -painted manner so as to provide a generally good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire which does not comply with the provisions of this section. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-81. Meters required for taxicabs. (a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a taximeter. (b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all times and, after sundown, shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon. Supp. No. 40 1243 § 21-81 ATLANTIC BEACH CODE (c) No taxicab shall be permitted to operate as both a metered and non -metered (zone rate) vehicle. Each vehicle shall be identified in a manner to designate its status as a metered or non -metered vehicle. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-82. Drivers of vehicles for hire. Unless otherwise enumerated in this article all drivers of vehicles for hire, while operating in the, City of Atlantic Beach, will adhere to the for "For -Hire Drivers" of Duval County, as set forth in the Code of Ordinances, City of Jacksonville, chapter 220. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-83. Engaging in criminal activity. Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic Beach may result, in addition to any charges under Florida State Statute, in civil fines as contained within section 21-85 below. These activities include, but are not limited to the following: (a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity; (b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire. (Ord. No. 75-13-18, § 1, 7-8-13) Sec. 21-84. Hates and charges. (a) Schedule of rates to be posted. There shall be posted in every vehicle for which a local business tax receipt is issued under this article, and in full view of the passengers in plain conspicuous letters, a schedule of rates, charges and fares which shall be binding upon the operator of the vehicle and any collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor. (b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand from any customer any sum of money in excess of those rates or charges posted in such vehicle. (c) When rates not to be charged. No charge shall be made for time lost or distance traveled while a vehicle for hire is disabled. No charge shall be made for traveling empty while en route to pick up a passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives, in which case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this subpart for the distance traveled empty may be collected. (Ord. No. 75-13-18, § 1, 7-8-13) Supp. No. 40 1244 TRAFFIC AND MOTOR VEHICLES § 21-85 Sec. 21-85. Citations authorized; penalties provided Violations of this chapter shall be punishable by fines as follows: (a) First offense: (The current offense is the first offense if there have been no other citations within the preceding twelve (12) months.) One hundred dollars ($100.00); however, if not paid within fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150.00); (b) Second offense; (The current offense is a second offense if there has been only one (1) previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars ($250.00); however, if not paid within fourteen (14) calendar days, the fine increases to three hundred dollars ($300.00); (c) Third and subsequent offenses: (The current offense is a third or subsequent offense if there have been two (2) or more previous citations within the preceding twelve (12) months.) Five hundred dollars ($500.00). If not paid within fourteen (14) calendar days, then the right to operate within the City of Atlantic Beach shall be suspended until the fine is paid or thirty (30) days, whichever is later. (Ord. No. 75-13-18, § 1, 7-8-13) [The next page is 1275] Supp. No. 40 1245 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 eight dollars and thirty-nine cents ($8.39) 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; Ord. No. 80-12-82, § 2, 9-24-12) Supp. No. 40 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. 40 1308 [The next page is 1351] LAND DEVELOPMENT REGULATIONS § 24-50 of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, specifying the grounds of the conflict or violation. The petition shall be presented to the city commission within thirty (30) days after the filing of the appeal with the city clerk. (c) Stay of work. An appeal to the city commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the designated adminis- trative official shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-50. Vested rights. (a) Determination of vested rights. The determination of vested rights shall be based upon factual evidence provided to the City of Atlantic Beach. Each vesting determination shall be based on an individual case-by-case basis. Applications for a determination of vested rights shall be submitted to the community development director. The applicant shall have the burden of proof to demonstrate the entitlement to vested rights pursuant to the requirements of Florida law and shall provide all information as may be required. All vested development subject to a vested rights determination shall be consistent with the terms of the development approval upon which the vesting determination was based. (b) Expiration of vested rights. (1) Statutory vested rights determinations shall not have a specific expiration date unless specified in other ordinances, development permits or statutory limitations. Such vested rights may expire as otherwise allowed or required by applicable law. (2) Common law vested rights determinations, which have been recognized by the city, shall remain valid for a period of up to five (5) years from the date the determination was made unless otherwise specified by the vesting determination, provided that the city may cancel and negate such vested rights prior to the expiration of said time period if it can demonstrated that the request for a vested rights determination was based on substantially inaccurate information provided by the applicant, or that the revocation of said vested rights is clearly established to be essential for the health, safety and welfare of the public. (3) Requests to extend the time period of a vested rights determination shall be made to the city commission and shall be granted only upon showing of good cause. Supp. No. 40 1431 § 24-50 ATLANTIC BEACH CODE (c) Appeals of vesting determinations. An appeal of the denial of a vesting determination may be made to the city commission by filing such appeal with the city clerk within thirty (30) days of receipt of written notification of the denial. Appeals of vesting determinations shall be granted only by the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-51. Notice of public hearings. Notice of all public hearings required under these land development regulations shall be provided by the city manager or designee in accordance with the following provisions: (a) Amendments to the text of the adopted comprehensive plan, future land use map series, or site-specific comprehensive plan amendments: (1) Public hearings. The local planning agency and the local governing body each shall hold at least one (1) public hearing on a proposed amendment to the text of the adopted comprehensive plan, the future land use map series, or a site-specific comprehensive plan amendment, prior to transmittal of the proposed amendment to the state planning agency pursuant to F.S. § 163.3184. Upon receipt of written comments from the state planning agency, the local governing body shall hold at least one (1) additional public hearing to adopt the proposed amendment, adopt the amendment with changes, or not adopt the amendment. Both the local planning agency and the local governing body public hearing held at the transmittal stage shall be held on a weekday at least ten (10) days after notice is published pursuant to the requirements specified in subsection (a)(2) below, and the local governing body public hearing held at the adoption stage shall be held an a weekday at least ten (10) days after the second -, notice is - published pursuant to the requirements specified in subsection (a)(2) below. (2) Notice. All notices regarding the amendment process, including public hearings, for comprehensive plans shall be as required by F.S. § 163.3184 and § 166.041, unless otherwise specified. a. Published notice. At least ten (10) calendar days prior to each public hearing held by either the local planning agency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the public hearing. The required published notice shall be no less than one-quarter (') page in a standard size or a tabloid size newspaper, and the headline of the notice shall be in a type no smaller than eighteen (18) point. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general paid circulation in the city and of general interest and readership in the community, not one of limited subject matter, pursuant to Chapter 50, Florida Statutes. Whenever possible, the notice shall appear in a newspaper Supp. No. 40 1432 LAND DEVELOPMENT REGULATIONS § 24-51 that is published at least five (5) working days a week, unless the only newspaper in the city is published less frequently. The notice shall be in substantially the following form: NOTICE OF CHANGE OF LAND USE The City of Atlantic Beach proposes to change the use of land within the area shown in the map in this notice. A public hearing on the proposal will be held on (date and time) at (place). The notice shall also contain a geographic location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area. The notice shall also state the places within the boundary of the City of Atlantic Beach where the proposed amendment may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the transmittal or adoption of the amendment. b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of each public hearing to each real property owner whose land is subject to the amend- ment, and to all owners of real property within three hundred (300) feet of the periphery of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the proposed amendment as it affects that property owner and shall set a time and place for one or more public hearings on such amendment. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. (b) Amendments to the text of the land development regulations including revisions to the list of permitted, conditional or prohibited uses within a zoning category or the official zoning map. (1) Public hearings. The local planning agency shall hold one (1) public hearing and the local governing body shall hold two (2) public hearings on a proposed Supp. No. 40 1432.1 § 24-51 ATLANTIC BEACH CODE amendment that changes the official zoning map, or that changes the text of the land development regulations, including revision to the list of permitted, condi- tional or prohibited uses within a zoning category. The second public hearing before the local governing body shall be held approx- imately two (2) weeks after the first public hearing. The day, time, and place at which the second hearing before the local governing body will be held shall be announced at the first public hearing. The public hearings shall be held after 5:00 p.m. on a weekday. Notice. All notices regarding the amendment process, including public hearings, for the official zoning map or the text of the land development regulations, including revision to the list of permitted, conditional, or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified. a. Published notice. At least ten (10) calendar days prior to each public hearing held by either the local planning agency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the public hearing. The required published notice shall be no less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper, and the headline of the notice shall be in a type no smaller than eighteen (18) point. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general paid circulation in the city and of general interest and readership in the community, not one of limited subject matter. The notice shall state the date, time, place of the public hearing, the subject of the meeting, and the place or places within the boundaries of the city where the proposed amendment may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the amendment. 1. Published notices for amendments to the official zoning map shall be in substantially the following form: NOTICE OF ZONING CHANGE The City of Atlantic Beach proposes to adopt Ordinance No. rezoning (changing the permitted use of) the land within the area shown in the map of this advertisement. A public hearing on the rezoning will be held on (date and time) at (meeting place). The notice shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area. Supp. No. 40 1432.2 LAND DEVELOPMENT REGULATIONS § 24-51 2. Published notices for amendments to the text of the land development regulations that change the actual list of permitted, conditional, or prohibited uses within a zoning category shall be in substantially the following form: NOTICE OF ZONING CODE (LAND DEVELOPMENT REGULA- TIONS) TEXT CHANGE The City of Atlantic Beach proposes to adopt Ordinance No. amending the text of the zoning code (land develop- ment regulations). The amendment will affect the land located within the area shown in the map of this advertisement. A public hearing on the proposed text change will be held on (date and time) at (meeting place). The notice shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area. 3. Published notices for amendments to the text of the land development regulations that do not change the actual list of permitted, conditional, or prohibited uses within a zoning category shall be advertised as follows. At least ten (10) calendar days but not more than thirty (30) calendar days in advance of each public hearing, the city manager or designee shall have published a notice of such hearing in a newspaper of general circulation in the city. The notice of public hearing shall state the date, time and place of the meeting, the application number or the title of the proposed ordinance, and the place or places where such application or proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application or proposed ordinance. b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of each public hearing to each real property owner whose land is subject to the amend- ment, and to all owners of real property within three hundred (300) feet of the periphery of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application or proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be Supp. No. 40 1432.3 § 24-51 ATLANTIC BEACH CODE erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. (c) Request for variance from or waiver of land development regulations. (l) Public hearings. The local planning agency shall hold one (1) public hearing on applications for variances from land development regulations, and the local governing body shall hold one (1) public hearing on applications for waivers of land development regulations. (2) Notice. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or designee shall have published an advertise- ment giving notice of the public hearing in a newspaper of general circulation in the City of Atlantic Beach. The notice of the public hearing shall state the date, time and place of the public hearing, and the place where such application may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application. b. Mailed notice. At least fourteen (14) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of the public hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application and shall set a time and place for the public hearing. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after Supp. No. 40 1432.4 LAND DEVELOPMENT REGULATIONS § 24-51 a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. (d) Request for use -by -exception. (1) Public hearings. The local planning agency and the local governing body shall each hold one (1) public hearing on use -by -exception applications. (2) Notice. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or designee shall have published an advertise- ment giving notice of the public hearing in a newspaper of general circulation in the City of Atlantic Beach. The notice of the public hearing shall state the date, time and place of the public hearing, and the place where such application may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application. b. Mailed notice. At least fourteen (14) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of the public hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application and shall set a time and place for the public hearing. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. c. Posted notice. At least fourteen (14) days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. Supp. No. 40 1432.5 § 24-51 ATLANTIC BEACH CODE (e) Contest. If no aggrieved party contests the issue of proper notice within thirty (30) days of the city commission rendering its decision, then notice shall be deemed to be in compliance with this section. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-215, § 1, 11-13-12) Secs. 24-52-24-60. Reserved. Supp. No. 40 1432.6 LAND DEVELOPMENT REGULATIONS § 24-69 (i) Changes to approved plans. Applicant must copy the city on any and all changes to approved plans including, but not limited to, changes required by other regulatory agencies such as the St. John's River Water Management District, Florida Department of Environmen- tal Protection or Florida Department of Transportation. Failure to provided changes to the city for review may result in a stop work order being issued if construction deviates from the approved plans on file with the city. (Ord. No. 90-10-212, § 2(Exh A), 3-8-10) Sec. 24-68. Land clearing and alteration of site grade or topography. No Lands shall be cleared, grubbed, filled, excavated or topographically altered by any means, and no vegetation on any development site disturbed, prior to issuance of all required approvals and development permits authorizing such clearing or alteration. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations, the grade, elevation or topography of any parcel, development or redevelopment site shall not be altered. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-69. Fees. Pursuant to subsection 24-46(e), the city commission for the City of Atlantic Beach hereby establishes the following fees related to the administrative cost of carrying out the require- ments of this chapter and also to cover the costs for planning, zoning, engineering utility and specific use reviews. These fees shall be payable to the city at the time such application or request is filed. Applications for planning and zoning related requests shall not be considered as complete applications until such time as required fees have been paid in full. Fees for specific use verified compliant -based and permit reinstatement reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as required by this section are not refundable. (a) Planning and zoning fees. (1) Appeals $ 50.00 (2) Determinations of vested rights 50.00 (3) Change in zoning district classification 500.00 (4) Use -by -exception 350.00 (5) Zoning variance or waiver 250.00 (6) Development review a. Single- and two-family uses 50.00 b. Multi -family uses, per dwelling unit 100.00 c. Commercial and industrial uses 300.00 d. Public and institutional uses 300.00 Supp. No. 40 1445 § 24-69 ATLANTIC BEACH CODE e. Landscape plan 100.00 (7) Subdivision a. Application for waiver 250.00 b. Application for re -plat 250.00 c. Preliminary plat review 250.00 d. Final plat approval (plus recording fees) 100.00 (8) Comprehensive plan amendment a. Less than ten (10) acres 250.00 b. Greater than ten (10) acres 250.00 (9) Land development regulations 15.00 (10) Comprehensive plan document 15.00 (11) Zoning and comprehensive plan maps 5.00 (b) Engineering and review fees. (1) Pre -application review of construction plans 150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review 100.00 (3) Commercial building review 150.00 (4) Building modification/right-of-way review 25.00 (5) Revocable encroachment permit 25.00 (c) Utilities review fees. (1) Pre -application construction plans review 150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review 50.00 (3) Commercial building review 75.00 (4) Building modification/right-of-way review 25.00 (d) Specific use review fees. (1) Dog -friendly dining. a. Initial application (full year) 175.00 Supp. No. 40 1446 LAND DEVELOPMENT REGULATIONS § 24-80 (Half year) 90.00 Includes processing of application, initial inspection, permit issuance, and three subsequent quarterly compliance inspec- tions. b. Renewal application 125.00 Includes annual compliance review and inspection, permit issuance, and three subsequent quarterly compliance inspec- tions. c. Verified complaint -based compliance 55.00 Includes one (1) compliance inspection, upon verification of a complaint -based violation. Each additional re -inspection for failed compliance will be charged this same amount. d. Permit reinstatement 55.00 Includes one (1) compliance inspection, upon suspension due to violations documented at time of quarterly inspection, and permit reinstatement/issuance. Each additional re -inspection for failed compliance will be charged this same amount. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-10-102, § 2, 1-10-11; Ord. No. 90-12-215, § 1, 11-13-12) Secs. 24-70-24-80. Reserved. Supp. No. 40 1446.1 LAND DEVELOPMENT REGULATIONS § 24-124 c. The construction of streets, utilities and other improvements necessary to serve the proposed development. d. The dedication of land to public use. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-121. Development standards and criteria. The special planned area district should not be construed as a mechanism to diminish the requirements set forth elsewhere within this chapter or other chapters of the City Code. Waivers to existing development standards shall be approved by the city commission and only upon demonstration that an alternative standard will provide a better development outcome with respect to the quality of design and development form. Unless otherwise approved as part of the master site development plan, all applicable requirements of the land development regulations shall apply. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-122. Master site development plan required. A final site development plan shall be attached as an exhibit to the ordinance or adopted by reference within the ordinance enacting any special planned area district and shall include the following: (1) Those items set forth within section 24-118. (2) A schedule of development, and if a phased schedule is proposed, phases of not more than five (5) years each. (3) All features and special development provisions and conditions capable of being depicted on a map or otherwise provided in notations on the plan or within text attachments. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-123. Platting. Where lands within a special planned area district will be platted, the platting and recordation procedures and requirements as set forth within article IV of this chapter shall apply. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-124. Modifications to previously approved special planned area districts or master site development plans or planned unit developments (PUD). (a) Changes to the terms or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district, that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to amend city ordinances and land development regulations. Supp. No. 40 1479 § 24-124 ATLANTIC BEACH CODE (b) Changes to master site development plans shall require approval by resolution of the city commission upon finding that the proposed changes remain consistent with the approved special planned area district. (c) Minor deviations to a master site development plan or final development plan may be approved by the designated administrative official following review by the public works, public utilities and community development departments, upon finding that the requested changes are consistent with the following: (1) (2) (3) (4) No change in use; No increase in building height, density or intensity of use; No decrease in area set aside for buffers or open space; No changes to access point or driveways. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-125. Expiration of time limits provided in ordinance. If development actions set forth within the ordinance creating a special planned area district are not taken as prescribed within the ordinance, the special planned area district shall expire, and no further action shall be permitted under same unless an extension has been granted by the city commission. (Ord. No. 90-10-212, § 2(Exh A), 3-8-10) Sec. 24-126. Effect on previously approved planned unit developments (PVDs). PUDs created prior to the effective date of the ordinance enacting the special planned area district provisions shall remain so designated on the zoning map and shall remain subject to all specific terms and conditions as set forth within the particular PUD ordinance, except that any change to a previously enacted PUD shall be made in accordance with the procedures as set forth within this division. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-127-24-150. Reserved. DIVISION 7. SUPPLEMENTARY REGULATIONS Sec. 24-151. Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted within any zoning district, as set forth within this section, where the accessory uses or structures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular zoning district. Any permanently located structure, including porches, decks and deck railings and the like, which exceed thirty (30) inches in height, also including those which may not require a building permit, are subject to applicable yard requirements unless otherwise provided for within this section. Any accessory structure, if allowed to deteriorate to an unsafe, deteriorated Supp. No. 40 1480 LAND DEVELOPMENT REGULATIONS § 24-151 or unsightly appearance, shall be repaired or removed upon order of the city, and shall become subject to code enforcement action for failure to comply. However, temporary structures, such as portable tents, canopies, awnings or other nonpermanent structures shall be limited to special occasion use only, and for a period of not more than ninety-six (96) hours, i.e., four (4) days. (b) Accessory uses and structures by zoning district. (1) Within all residential zoning districts. a. Antenna structures for television and radio, but not microwave relay or commer- cial transmission structures, television and radio antennae of the customary size and design shall not count as accessory structures for the purposes of determin- ing the number of such structures, provided that only one (1) such structure is permitted per residence. b. Children's playhouse and/or juvenile play equipment provided such shall not be permanently located within required front yards. c. Guest house or guest quarters, provided that such are used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. A guest house or guest quarters shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Further, a guest house or guest quarters shall not be used as, or converted to a dwelling unit. A detached guest house or guest quarters shall not exceed the number of buildings allowed on a lot as set forth within subsection 24-82(b). d. Detached private garages, carports, guest houses or guest quarters, not to exceed six hundred (600) square feet of lot area and fifteen (15) feet in height, except in accordance with section 24-89 or the provisions of the following paragraph. Only one (1) detached private garage, carport, guest house or guest quarters shall be allowed on any single residential lot, and shall be a minimum distance of five (5) feet from rear and side lot lines. Such detached structures exceeding six hundred (600) square feet of lot area shall comply with applicable setbacks as established for the principal building. e. Detached private garages, not to exceed six hundred (600) square feet of lot area may be constructed to a height of twenty-five (25) feet provided that such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10) feet from the rear lot line. f. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height and a minimum distance of five (5) feet from the rear and side lot lines. g. Private swimming pools in accordance with section 24-164. h. Home office (but not home occupation). i. Private ball courts and other similar private recreational uses. Supp. No. 40 1481 § 24-151 ATLANTIC BEACH CODE Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or constructed in fixed locations and made of wood, block, concrete or similar materials, provided that these are not located within required front yards or the street side yards on a corner lot. Due to excessive noise, which may result from the use of such ramps, time of use shall be limited to the hours between 9:00 a.m. and 10:00 p.m. Such ramps shall be maintained in a safe and good condition, and shall be disassembled and removed from the property if allowed to deterio- rate to an unsafe or unsightly appearance. k. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines. 1. Screened enclosures and pool cages with screened roofs or similar nonstructural roofs such as awnings and the like, located a minimum of five (5) feet from any side or rear lot line. Such screened enclosures shall not be allowed in front yards. m. Personal pets, limited to those animals customarily considered as pets, and kept only on the same premises of the occupant(s) of the principal residential building. n. Outdoor shower enclosures and open exterior stairs within rear or side yards, located a minimum of three (3) feet from side lot lines. (2) In any zoning district, except as to private swimming pools. a. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. Space within an accessory structure shall not be leased or used for any use, activity or purpose other than those typically incidental to the use of the principal building. b. No accessory structure shall be used as a residence, temporarily or permanently, except in accordance with section 24-89, and no accessory structure shall be used for any commercial or business purpose unless approved as a home occupation in accordance with the provisions of section 24-159 of this chapter. c. Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations, including the minimum yard requirements applicable to the zoning district in which they are located. d. Unless otherwise specified within this section, accessory uses and structures shall not be located within required front yards and shall not be closer than five (5) feet from any lot line. e. Accessory structures shall not be more than fifteen (15) feet in height, except in accordance with section 24-89 or preceding subsection (b)(1)e. f. No accessory building or structure shall be located closer than five (5) feet to any other building or structure on the same lot. Any accessory building or structure Supp. No. 40 1482 LAND DEVELOPMENT REGULATIONS § 24-152 located closer than five (5) feet to a principal structure shall be considered attached, and shall comply in all respects with the lot, yard and scale limitations applicable to the zoning district in which they are located. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-214, § 1(Exh A), 3-26-12) Sec. 24-152. Child care. Child care centers, including day nurseries and kindergartens, and child care provided in private homes, whether operated as a permitted use or permitted as a use -by -exceptions, shall Supp. No. 40 1482.1 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 90-12-214 3-26-12 1(Exh. A) 24-151 95-12-105 5-14-12 1 5-32(i), (k) 45-12-21 7-23-12 1 20-59 Supp. No. 40 2007 ATLANTIC BEACH CODE Ordinance Adoption Section Number Date Section this Code 33-12-18 8-13-12 1 Added 2-22 5-12-56 8-27-12 1 2-19(24) 2 Added 2-19(27) 55-12-36 8-27-12 1 16-18-16-23 16-29, 16-30 80-12-82 9-24-12 2 22-335(a) 90-12-215 11-13-12 1 24-51 24-69(a) 5-12-57 11-26-12 1 Added 2-19(28) 60-13-18 3-25-13 1 17-2 2 Added 17-26(b)(14) 5-12-58 4- 8-13 1 2-16 25-13-43 4- 8-13 2 Rpld 8-1-8-12, 8-21-8-25, 8-31-8-35 Added 8-1-8-46, 8-48-8-83 58-13-35 6-10-13 1 Added 2-310.20- 2-310.29 58-13-36 6-10-13 1 Rpld 2-300-2-310.28 Added 2-300-2-310.18 58-13-37 6-10-13 1 Rpld 2-261-2-286, 2-288, 2-290, 2-292, 2-294 2 299 Added 2-261-2-286 b-13-59 '1- 8-13 1 2-146(a)(1) 2 Added 2-146.1 75-13-18 7- 8-13 1 Added 21-75-21-85 95-13-106 7- 8-13 1 Rpld 4-1-4-5, 4-7-4-15, 4-21, 4-24-4-30 Added 4-1-4-5, 4-7-4-15, 4-24-4-30 Supp. No. 40 2008 [The next page is 2043] 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 24-51 2-147 50.041 2-147 19-8 50.051 2-147 162.01ff. 13-169 60.05 2-168 162.02 2-146 2-169 162.05 2-141 Ch. 12(note) 2-142 62-340.300 24-271 162.05(4) 2-145 92.50 2-307 162.06 2-147 Ch. 98 Char., § 38 162.07 2-143 98.211 Char., § 53 2-144 100.361 Char., § 56 2-147 Ch. 101 Char., § 42 162.08 2-148 Char., § 43 162.09 2-149 Ch. 102 Char., § 43 162.10 2-150 Ch. 112, Pt. III Char., § 66 162.11 2-151 112.061 Ch. 2, Art. VII, 162.22 19-8 Div. 3(note) Ch. 163 Char., § 59 112.311 Ch. 2, Art. II 14-1(a) (note) 21-302(15) 112.3143 2-263 24-17 2-302 24-47(e) Ch. 119 Char., § 65 163.3161 Ch. 14(note) Ch. 2(note) 163.3161 et seq. Ch. 24(note) Ch. 121 2-310.7 163.3164 24-17 125.68 16-32 163.3174 14-22 125.69 13-14 163.3178 6-27 Ch. 161 Ch. 5(note) 163.3184 24-5 24-17 24-51 161.021 24-17 163.3194(1) 24-5 161.041 6-20(b)(3) 163.3194(1)(b) 24-17 161.053 6-20(b)(3) Ch. 166 Charter(note) 6-21(e), (r) Char., § 4 8-52 Char., § 57 161.54 8-54 Char., § 59 161.141 8-29 21-302(9) Ch. 162 Ch. 2, Art. V, Ch. 166, Pt. II Char., § 45 2-146 Char., § 60 Supp. No. 40 2053 ATLANTIC BEACH CODE F.S. Section F.S. Section Section this Code Section this Code 166.031 Char., § 79 205.196 20-59 166.041 Char., § 18 Ch. 218 Ch. 2, Art. VII 24-51 (note) 166.101 Ch. 2, Art. VII 218.33 2-311 (note) Ch. 252 2-403 166.201 Ch. 2, Art. VII Ch. 253 24-17 (note) 253.12 Ch. 5(note) Ch. 20(note) Ch. 280 2-264 166.231 Ch. 20, Art. II 2-303 (note) 280.02 2-264 166.241 2-311 2-303 166.0415 19-8 286.011 Char., § 14 166.0425 Ch. 17(note) Ch. 2(note) 166.0445 24-17 309.01 Ch. 5(note) Ch. 170 Ch. 19(note) Ch. 316 Ch. 21(note) 175.101 20-77 21-1 Ch. 177 24-17 316.008 Ch. 21(note) 24-204(b) Ch. 177, Pt. I 24-188(a) 316.008(1)(a) Ch. 21, Art. II 24-204(a) (note) 177.26 24-271 316.195 Ch. 21, Art. II 177.27(15) 6-21(j) (note) 177.041 24-204(b) 21-16 177.051 24-204(b) 316.1945 Ch. 21(note) 177.061 24-204(b) 21-17 177.091 24-203(a) 316.2045 19-1 24-204(b) 320.01 8-52 24-258(b), (e) 320.823 6-23 177.101 24-192 320.8249 8-63 Ch. 180 Ch. 19(note) Ch. 321 Gh. b(note) Ch. 185 2-303 327.02.222.17 24-174(e)(3) 2-310.6 335.075 Ch. 19(note) 2-310.8 337.402 19-8 185.06 2-303 337.403 19-8 185.08 2-310.6 337.403(2) 19-8 20-76 337.403(4) 19-8 185.221 2-310.2 337.403 19-8 Ch. 192 Ch. 20(note) 337.404 19-8 193.116 Char., § 58 366.02 8-24.1 196.075 20-82 Ch. 367 Ch. 22(note) Ch. 205 Char., § 58 Ch. 369 Ch. 5(note) Ch. 20, Art. III Ch. 372 Ch. 4(note) (note) Ch. 373 Ch. 8(note) 205.022 20-51 373.036 8-29 205.042 20-52 373.421 24-271 205.043(2) 20-57 380.04 24-17 205.043(3) 20-57 381.006 4-29 205.053 20-54 381.0065 8-29 205.053(1) 20-53 381.031(1)(g)1 4-29 205.063 20-58 381.031(g)3 Ch. 6, Art. VI Supp. No. 40 2054 STATUTORY REFERENCE TABLE F.S. Section F.S. Section Section this Code Section this Code (note) 563.01 3-4 381.261 Ch. 22(note) 565.01 3-4 Ch. 386 Ch. 12(note) Ch. 569 13-14 Ch. 395 2-307 590.12 Ch. 7(note) 402.311 24-152(d) 604.50 8-24.1 403.0893 21-302(9), (10) Ch. 633 Ch. 7(note) 403.413 5-4 7-32 16-7 633.35 2-263 403.415 Ch. 11(note) 633.121 Ch. 7(note) 413.08 Ch. 3, Art. II(note) 633.171 7-27 Ch. 469 Ch. 6, Art. IV Ch. 650 Ch. 2, Art. VI, (note) Div. 2(note) Ch. 479 Ch. 17(note) 2-241 20-59 650.02 2-241 479.11 17-42 650.05 Ch. 2, Art. VI, Ch. 481, Pt. II 24-177(b) Div. 2(note) Ch. 489 Ch. 6(note) 674.105 13-12(a)(4) Ch. 496 18-4(g)(6) Ch. 679, Pt. V 21-63 20-59 Ch. 705 Ch. 15, 496.01 Ch. 18(note) Art. II(note) 509.233 24-158 21-24 509.233(2) 24-158 705.16 Ch. 2, Ch. 513 Ch. 10(note) Art. II(note) 513.01 10-1 Ch. 760 Ch. 9(note) Ch. 514 Ch. 6, Art. VI 760.20 Ch. 9, (note) Art. II(note) Ch. 538, Pt. I 21-61 760.22 9-16 538.03(1)(a) 21-60 760.23 9-17 Ch. 552 Ch. 7(note) 760.24 9-18 Ch. 553 2-146 760.25 9-22 Ch. 6(note) 760.29 9-23 6-21(p) 760.37 9-24 7-32 Ch. 767 Ch. 3, Ch. 553, Pt. VII 6-16 Art. II(note) 553.01 Ch. 6, Art. IV(note) 767.10-767.16 4-8 553.15 Ch. 6, Art. III(note) 4-9 553.70 Ch. 6, Art. II(note) 4-10 553.73 7-25 767.12 4-12 553.73(5) 8-38 768.28 2-1(b)(1) 553.73(10)(k) 8-24.1 19-8 Ch. 556 19-8 775.082 2-310.11 556.107(3) 19-8 4-12 Chs. 561-565 3-1 775.083 2-310.11 561.01 Ch. 3(note) 4-12 561.15 3-1 775.084 4-12 562.14(1) 3-2 Ch. 790 15-22(g)(3) 562.45(2) 3-2 790.15 13-3 3-4 Ch. 791 Ch. 7(note) 3-5 7-39 3-6 791.01(4)(b) 13-13 Supp. No. 40 2055 ATLANTIC BEACH CODE F.S. Section Section this Code 791.01(4)(c) 13-13 791.02(1) 13-13 Ch. 794 2-279 2-310.10 796.07 2-167(a) 800.04 2-279 2-310.10 806.13 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 4-1.1 828.27 4-30 Ch. 838 2-279 2-310.10 847.001 17-2 847.001(2) 24-17 24-111(c)(11) 24-114(c)(2) 874.03 2-167(a) 876.05 Char., § 68 828.02 4-1.1 893 2-167(a) 893.03 13-4 13-5 893.138 2-161 893.147 13-5 932.701 Ch. 15, Art. II(note) Ch. 943 2-310.16 943.22 2-300 943.25(8)(a) 15-1 943.1395 2-300 Supp. No. 40 2056 [The next page is 2081] CODE INDEX Section A ABANDONMENT Animals and fowl 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 MR RIFLES, AIR PISTOLS, ETC. Discharging prohibited 13-3 ALARMS Fire prevention and life safety False silent alarms 7-41 ALCOHOLIC BEVERAGES Consumption and possession of open container upon public property 3-9 Consumption on licensee's premises 3-8 Consumption on vendor's premises 3-10 Definitions 3-1 Existing establishments and alcoholic beverage licenses pre- viously issued 3-6 Exposure of private parts in establishments serving alco- holic beverages 13-17 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-7 Supp. No. 40 2101 ATLANTIC BEACH CODE Section BEACHES Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Animals Dogs and cats running at large 4-24 Dogs upon beaches to leashed, muzzled, etc. 4-25 Beach safety zone Animals 5-17 Use of vehicles 5-16 Closing during emergencies 5-1 Lifeguards Lifeguard division Protecting safety and welfare of persons using beaches, etc. 2-6 Parking of sailboats not to obstruct lifeguard activities 5-6 Lighting of fires 5-3 Littering 5-4 Motorized apparatus Beach safety zone, use of vehicles 5-16 Operating within two hundred feet of beach 5-7 Parks, playgrounds and recreation. See also that subject Public parks; use prohibited after dark 5-31 Sailboats, catamarans, vessels Motorized apparatus. See herein that subject Parking 5-8 Sailboats parked not to obstruct lifeguard activities 5-6 Transporting by motorized vehicle 5-7 Sleeping on the beach 5-2 Surfboards 5-5 Vessels. See herein: Sailboats, Catamarans Vessels BEAUTIFICATION Community development board Duties of board re beautification of city 14-20(7) BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUC- TURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; trapping, hunting, molesting, etc., of birds prohibited; exception 4-4 BITES Animal bites 4-28 Dog bites, etc 2-29 Supp. No. 40 2104 CODE INDEX Section 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(f) 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 BOOKS Obscene matter prohibited 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) Supp. No. 40 2105 ATLANTIC BEACH CODE Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Building code (Cont'd.) Schedule of building permit fees (Cont'd.) Generally (Cont'd.) 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 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 areas 8-1 et seq. See: FLOOD HAZARD AREAS 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) Supp. No. 40 2106 CODE INDEX Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) 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 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 Supp. No. 40 2107 ATLANTIC BEACH CODE Section CERTIFICATES (Cont'd.) Land development regulations Concurrency management system Projects not requiring a concurrency certificate 24-276 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 CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT CHIEF OF POLICE. See: POLICE DEPARTMENT CHILDREN. See: MINORS 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 and scheduled work- shops 2-16 Quorum 2-18 Resignation from office; election procedures 2-21 Salary 2-20 Supp. No. 40 2108 CODE INDEX CITY COMMISSION (Cont'd.) Solid waste and recycling Franchise agreements Application; fee action by city commission Voting districts CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES Section 16-20 2-22 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 Power of board re hearings 2-148 Jurisdiction 2-146 Jurisdiction of special magistrate 2-146.1 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* *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. 40 2109 ATLANTIC BEACH CODE Section CODE OF ORDINANCES (Cont'd.) 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 COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMMUNITY DEVELOPMENT BOARD Provisions re 14-16 et seq. See: PLANNING COMPREHENSIVE PLAN Provisions re 14-1 CONCURRENCY MANAGEMENT SYSTEM Regulations for 24-273 et seq. See: LAND DEVELOPMENT REGULATIONS CONFISCATED PROPERTY Disposition of 15-16 et seq. See: POLICE DEPARTMENT CONSERVATION Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTECTION Water conservation 22-39 CONSTRUCTION Buildings and building regulations. See that subject Loud and raucous noises Supp. No. 40 2110 11-2 CODE INDEX CONSTRUCTION (Cont'd.) Solid waste and recycling Franchise agreements Private refuse collectors; collection of commercial recy- cling and construction and demolition debris Zoning regulations See: LAND DEVELOPMENT REGULATIONS CONTRACTS AND AGREEMENTS Certain ordinances saved from repeal Franchise agreements See: SOLID WASTE AND RECYCLING When contracts and expenditures prohibited CONTROLLED SUBSTANCES. See: DRUGS CONVENIENCE BUSINESS SECURITY ACT Civil fines Definitions Employee training Inspections Security requirements Severability Short title, purpose, and authority CORPORATIONS Definition of "person" to include corporation COUNTY. See: DUVAL COUNTY COURTS Confiscated or lost property Provisions re county court Police training Additional court costs assessed for CROSSWALKS Abandoned, wrecked, junked, etc., vehicles Leaving unattended on crosswalk Stopping, standing or parking vehicle on or within cross- walks CRUELTY TO ANIMALS Generally CURFEW Provisions re minors in public places See: MINORS D DEFACING PROPERTY, ETC. Building numbers Removing or defacing Supp. No. 40 2111 Section 16-18 24-31 et seq. 1-5 16-12 et seq. 2-314 13-169 13-163 13-165 13-166 13-164 13-168 13-162 1-2 15-16 et seq. 15-1 21-25(a)(1) 21-17(5), (6) 4-5 13-153 et seq. 6-111 ATLANTIC BEACH CODE DEFACING PROPERTY, ETC. (Cont'd.) Public sewers Defacing, damaging, etc. Streets, sidewalks and other public places Digging into, defacing, etc., streets, avenues, driveways, etc DEPARTMENTS AND OTHER AGENCIES OF CITY City commission See: CITY COMMISSION Code enforcement board See: CODE ENFORCEMENT BOARD Community development board See: PLANNING Definition Department of finance See: FINANCES Department of public utilities See: UTILITIES Department of public works See: PUBLIC WORKS AND IMPROVEMENTS Fire department See: FIRE DEPARTMENT Lifeguard division Local planning agency Nuisance control board See: NUISANCES Officers and employees. See that subject Board of trustees of city employees' retirement system .. Police officers' retirement system board of trustees Police department See: POLICE DEPARTMENT Reappointment to boards and committees Tree conservation board Zoning administration See: LAND DEVELOPMENT REGULATIONS DEVELOPMENT Community development board See: PLANNING DISABLED PERSONS Police officers' retirement system Disability DISASTERS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by fires, floods, etc. Supp. No. 40 2112 Section 22-57 19-2 2-16 et seq. 2-141 et seq. 14-16 et seq. 1-2 2-71 et seq. 2-84 et seq. 2-79 et seq. 2-61 et seq. 2-63 14-22 2-161 et seq. 2-264 et seri 2-302 et seq. 2-51 et seq. 2-131 23-19, 23-20 24-46 et seq. 14-16 et seq. 2-307 14-20(12) CODE INDEX Section DISCRIMINATION Fair housing 9-16 et seq. See: FMR HOUSING DISTRICTS City commission Voting districts 2-22 Community development board Replanning, reconstructing, etc., of districts damaged by fire, earthquake, etc. 14-20(12) Zoning districts 24-101 et seq. See: LAND DEVELOPMENT REGULATIONS DOGS Regulated 4-21 et seq. See: ANIMALS AND FOWL DRAINAGE Mobile home parks and recreational vehicle parks Designed for drainage of surface water Nuisances Abatement of nuisances, etc. See: NUISANCES Allowing or permitting stagnant water to accumulate upon surface of ground Discharge of water from water -source heat pumps into storm drainage systems Sewers Building sewers and connections Foundation drains, surface runoff, etc. Discharging groundwater, subsurface drainage, etc., into sanitary sewers DRIVEWAYS Abandoned, wrecked, junked, etc., vehicles Left unattended in front of driveways Building sewers and connections Foundation drains, surface runoff, etc Digging up driveways, streets, etc Public sewers, use of Discharging stormwater, etc., into storm sewers or natural outlets Discharging subsurface drainage, groundwater, etc., into sanitary sewers Stopping, standing and parking vehicles in driveways Subdivision and site improvement regulations Design and construction standards DRUGS (Cocaine, marijuana, hashish, controlled substances, etc.) Drug paraphernalia Definitions Sale, display, etc., of paraphernalia Supp. No. 40 2113 10-2 12-1(b)(4) 12-1(b) 22-108 22-127 21-25(a)(1) 22-108 19-2 22-128 22-127 21-17(2) 24-253 13-4 13-5 ATLANTIC BEACH CODE Section DUVAL COUNTY Definition of "county" 1-2 E EARTHQUAKES Community development board Duties of board re replanning, reconstruction, etc., of areas damaged by earthquakes 14-20(12) EASEMENTS Subdivision and site improvement regulations Design and construction standards Beach access easements Abandonment or vacation of prohibited 24-254(0 Drainage and watercourses 24-254(b) No city expense 24-254(e) Other drainage easements 24-254(c) Pedestrian and service easements 24-254(d) Utilities 24-254(a) Wastewater system, powers and authority of inspectors Provisions re easements 22-154 Waterworks system Granting necessary easements by consumer 22-18 ELECTRICAL CODE Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Electrical inspections Fees 6-37 Electrical permits Fees 6-37 Inspections. See herein: Electrical Inspections Mobile home parks and recreation vehicle parks Electric wiring to comply with electrical code 10-2(4) Permits. See herein: Electrical Permits ELECTRICITY Public service tax on electricity 20-16 et seq. See: TAXATION EMERGENCIES Beaches, closing during emergencies 5-1 Comprehensive emergency management plan 2-400 et seq. See: EMERGENCY MANAGEMENT Noise provisions; exceptions 11-5 Stopping, standing or parking of vehicles for emergency repairs 21-21(2) Waterworks system Right of city to restrict use of water in cases of emergency 22-36 Supp. No. 40 2114 CODE INDEX Section EMERGENCY MANAGEMENT Comprehensive emergency management plan Administrative rules 2-408 Authority to declare states of local emergency 2-403 Definition of emergency 2-402 Effect and purpose of state of local emergency 2-406 Emergency management plans 2-405 Limit of authority 2-407 Penalties 2-409 Proclamation 2-404 To activate 2-405 Term 2-404 Violation 2-409 Overcharging prohibited 2-400 EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND EN- CLOSURES ENVIRONMENTAL AND NATURAL RESOURCE REGULA- TIONS Land development regulations Protection of wetland, marsh and waterway resources 24-271 et seq. Wellhead protection 24-262 et seq. See: LAND DEVELOPMENT REGULATIONS ESTATES Definition of "person" to include estate 1-2 EXCAVATIONS Abandoned wells, excavations, etc. Nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(a)(1) Building sewers and connections Barricading, restoring excavations 22-111 Excavations, conformance with building and plumbing codes 22-106 Stopping, standing or parking vehicle alongside or opposite any street excavation 21-17(7) Streets, digging up prohibited 19-2 EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 F FAIR HOUSING (Discrimination because of race, color, sex, religion, national origin, etc.) Complaints Supp. No. 40 2115 9-20 ATLANTIC BEACH CODE Section FAIR HOUSING (Discrimination because of race, color, sex, religion, national origin, etc.) (Cont'd.) Definitions 9-16 Educational activities 9-19 Enforcement by civil action 9-24 Exemptions 9-23 Financing of houses, discrimination in 9-22 Interference, coercion or intimidation 9-24 Multiple listing services 9-18 Prohibited conduct 9-17 Remedies Use of remedies of provisions, other remedies 9-21 Violations 9-25 Complaints 9-20 Enforcement by civil action 9-24 Use of remedies 9-21 FAIRS Water service, temporary 22-19 FALSE ALARMS Fire prevention and life safety False silent alarms 7-41 FENCES, WALLS, HEDGES AND ENCLOSURES Nuisances enumerated Structurally unsound fences 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Zoning regulations for fences, walls and similar structures Corner lots 24-157(c) Height and location 24-157(b) Maintcnancc of fauccs 24-157(e) Permit required 24-157(a) Structures similar to fences 24-157(d) FIDUCIARIES Definition of "person" to include fiduciaries 1-2 FILTH Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES FINANCES Allotments constitute basis of expenditures and are subject to revision 2-312 Appropriations Allotments constitute basis of expenditures and subject to revision 2-312 Certain ordinances saved from repeal 1-5 Lapse of appropriations 2-315 Transfer of appropriations 2-313 When contracts and expenditures prohibited 2-314 Certain ordinances saved from repeal 1-5 Supp. No. 40 2116 CODE INDEX Section FINANCES (Cont'd.) Charitable contributions prohibited 2-2 Contracts and agreements. See also that subject When contracts and expenditures prohibited 2-314 Department of finance Created 2-72 Director of finance Appointment 2-71 Assisting in preparation of budget; accepting other re- sponsibilities 2-76 Duties generally 2-74 Financial information 2-75 Investment of funds 2-73 Duties 2-78 Functions 2-77 Director of finance. See herein: Department of Finance Dishonored checks 2-317 Encumbrances 2-315 Fees paid to city government 2-316 Fiscal year 2-311 Purchasing 2-331 et seq. See: PURCHASES, PURCHASING Service and user charges Authorization 2-367 Fees and charges 2-368 Taxation 20-16 et seq. See: TAXATION Transfers of appropriations 2-313 Uniform travel policy and procedure 2-356 et seq. See: TRAVEL User charges. See herein: Service and User Charges FINANCING OF HOUSING Discrimination in See also: FMR HOUSING FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code 9-22 FINGERPRINTING Charitable solicitation permit regulations re 18-2 FIRE DEPARTMENT Chief of fire department Appointment 2-61 Compensation 2-61 Duties and authority 2-62 Supp. No. 40 2117 ATLANTIC BEACH CODE Section FIRE DEPARTMENT (Cont'd.) Chief of fire department (Cont'd.) Fire prevention code Appeals from actions of chief 7-19 Enforcement of code by chief 7-17 Modifications of code by chief 7-18 Director of public safety Supervision of fire department 2-41 Fire chief. See herein: Chief of Fire Department Life guard division 2-63 FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant 21-25(a)(1) Fire prevention and life safety Fire hydrants and fire department connections /-35 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 Supp. No. 40 2118 CODE INDEX Section FIRE PREVENTION AND PROTECTION (Cont'd.) Fire prevention and life safety (Cont'd.) Open burning 7-36 Permits and certificates 7-38 Building permits 7-32 Fees 7-30 Purpose and intent 7-16 Right of entry 7-20 Service of orders 7-22 Appeals 7-25 Compliance 7-23 Smoke detection power source 7-33 Stop work, authority to require 7-24 Appeals 7-25 Street address identification 7-37 Testing, fees 7-30 Violations Penalties and other remedies for violations 7-27 Service of orders to correct violations 7-22 Summary abatement 7-26 Reward for information leading to conviction of arsonists7-2 Title 7-1 Water service charges Private fire protection service 22-30 Zoning 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. See: NUISANCES Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-24 FIREWORKS Fire prevention and life safety Provisions re fireworks 7-39 Supp. No. 40 2119 ATLANTIC BEACH CODE Section FIREWORKS (Cont'd.) 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 Administration Applicability Abrogation and greater restrictions 8-12 Areas to which this chapter applies 8-8 Basis for establishing flood hazard areas 8-9 General 8-7 Interpretation 8-13 Other laws 8-11 Submission of additional data to establish flood hazard areas 8-10 Coordination with the Florida Building Code 8-4 Disclaimer of liability 8-6 Floodplain administrator, duties and powers of the Applications and permits 8-16 Designation 8-14 Floodplain management records 8-22 General 8-15 Inspections 8-20 Modifications of the strict application of the require- ments of the Florida Building Code 8-18 Notices and orders 8-19 Other duties of the floodplain administrator 8-21 Substantial improvement and substantial damage de- terminations 8-17 Inspections Buildings Final inspection 8-36 Lowest floor inspection 8-35 Structures and facilities exempt from the Florida Building Code 8-34.2, Development other than buildings and structures 8-34.1 General 8-34 Manufactured homes 8-37 Intent 8-3 Permits Application for a permit or approval 8-25 Supp. No. 40 2120 CODE INDEX Section FLOOD HAZARD AREAS (Cont'd.) Administration (Cont'd.) Permits (Cont'd.) Buildings, structures and facilities exempt from the Florida Building Code 8-24.1 Expiration 8-27 Floodplain development permits or approvals 8-24 Other permits required 8-29 Required 8-23 Suspension or revocation 8-28 Validity of permit or approval 8-26 Scope 8-2 Site plans and construction documents Additional analyses and certifications 8-32 Information for development in flood hazard areas 8-30 Information in flood hazard areas without base flood elevations (approximate Zone A) 8-31 Submission of additional data 8-33 Variances and appeals Appeals 8-39 Conditions for issuance of variances 8-45 Considerations for issuance of variances 8-44 Functionally dependent uses 8-43 General 8-38 Historic buildings 8-42 Limitations on authority to grant variances 8-40 Restrictions in floodways 8-41 Violations Authority 8-48 Unlawful continuance 8-49 Violations 8-46 Warning 8-5 Community development board 14-16 et seq. See: PLANNING Definitions Scope 8-50 Terms defined in the Florida Building Code 8-51 Terms not defined 8-52 Flood resistant development Buildings and structures, subdivisions, site improvements Buildings and structures seaward of the coastal construc- tion control line 8-54 Design and construction of buildings, structures and facilities exempt from the Florida Building Code8-53 Limitations on placement of fill 8-61 Limitations on sites in coastal high hazard areas (zone V) 8-62 Limitations on sites in regulatory floodways 8-60 Minimum requirements 8-57 Sanitary sewage facilities 8-58 Supp. No. 40 2121 ATLANTIC BEACH CODE Section FLOOD HAZARD AREAS (Cont'd.) Flood resistant development (Cont'd.) Buildings and structures, subdivisions, site improvements (Cont'd.) Subdivision plats 8-56 Minimum requirements 8-55 Water supply facilities 8-59 Manufactured homes Anchoring 8-65 Elevation 8-66 Elevation requirement for certain existing manufac- tured home parks and subdivisions 8-67 Enclosures 8-68 Foundations 8-64 General 8-63 General elevation requirement 8-66.1 Utility equipment 8-69 Other development Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (zone V) 8-79 Decks and patios in coastal high hazard areas (zone V) 8-80 Fences in regulated floodways 8-76 General requirements for other development 8-75 Nonstructural fill in coastal high hazard areas (zone V) 8-82 Other development in coastal high hazard areas (zone V) 8-81 Retaining walls, sidewalks and driveways in regulated floodways 8-77 Roads and watercourse crossings in regulated floodways 8-78 Recreational vehicles and park trailers Permanent placement 8-70.1 Temporary placement 8-70 Tanks Above -ground tanks, elevated 8-73 Above -ground tanks, not elevated 8-72 Tank inlets and vents 8-74 Underground tanks 8-71 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 Supp. No. 40 2122 CODE INDEX Section 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 Uniform travel policy and procedure Fraudulent claims G 2-366 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 Supp. No. 40 2123 1-2 ATLANTIC BEACH CODE Section 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 GUNS. See: FIREARMS AND WEAPONS HASHISH. See: DRUGS HEALTH AND SANITATION Noise provisions Noise which endangers health or safety of others 11-1 Nuisances enumerated Unsanitary conditions, conditions injurious to health of community, etc. 12-1 Signs and advertising structures Removal of unsafe, damaged or poorly maintained, and abandoned signs 17-41 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM HEAT PUMPS Building sewers and connections Drainage from water -source heat pumps 22-108 Discharging water from heat pumps, nuisance provisions12-1(b) Abatement of nuisances, etc. See: NUISANCES Public sewers, use of Discharging unpolluted waters from heat pumps into sanitary sewers 22-127 HEIGHT Zoning height regulations Exceptions to height limitations 24-156 HEIGHT LIMITS Signs and advertising structures Calculation of permitted sign size 17-63 HERITAGE TREES. SEE: TREES AND NATIVE VEGETA- TION PROTECTION HISTORIC CORRIDORS AND HERITAGE TREES Trees and native vegetation protection See: TREES AND NATIVE VEGETATION PROTECTION Supp. No. 40 2124 23-1 et seq. CODE INDEX Section HOME OCCUPATIONS Zoning regulations 24-159 HOMESTEAD EXEMPTION Taxation provisions 20-81 et seq. See: TAXATION HORNS Loud and raucous noises 11-2 HOUSING Fair housing 9-16 et seq. See: FAIR HOUSING Mobile homes 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Solid waste and recycling Franchise agreements Residential and commercial solid waste collection fran- chise 16-12 HUMAN RELATIONS Fair housing 9-16 et seq. See: FAIR HOUSING HUNTING Hunting birds, wild fowl, etc. 4-4 HYDRANTS. See also: FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Left unattended within fifteen feet of fire hydrants 21-25(a)(1) Stopping, standing or parking vehicle within fifteen feet of fire hydrant 21-17(4) I IMPOUNDMENT Abandoned, wrecked, junked, etc., vehicles Removing and impounding 21-25 Towage and storage charges 21-26 Animal provisions 4-14 et seq. See: ANIMALS AND FOWL IMPROVEMENTS Community development board List of recommended capital improvements Recommending improvements for city Land development regulations Concurrency management system and proportionate fair - share Timing and completion of required public facility im- provements Supp. No. 40 2125 14-20(6) 14-20(11) 24-278 ATLANTIC BEACH CODE Section IMPROVEMENTS (Cont'd.) Land development regulations (Cont'd.) Subdivision and site improvement regulations Required improvements 24-221 et seq. See also: LAND DEVELOPMENT REGULATIONS INDECENCY AND OBSCENITY Alcoholic beverage establishments Exposure of private parts in 13-17 Obscene matter prohibited 13-6 INSECTS, INSECT CONTROL Nuisances enumerated Allowing stagnant water to accumulate, prevention of the propagation of mosquitoes 12-1(b)(4) Abatement of nuisances, etc. See: NUISANCES INSURANCE Insurance premium taxes 20-76 et seq. See: TAXATION Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Wrecker service liability insurance 21-53 INTERSECTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within intersection 21-25(a)(1) Stopping, standing or parking vehicles within twenty feet of intersection 21-17(3) IRRIGATION Florida -friendly landscaping and landscape irrigation 24-178 et seq. See: LAND DEVELOPMENT REGULATIONS J JUNK Parking, storing or leaving of junked vehicles 21-24 et seq. See: TRAFFIC L LAKES. See: WATERCOURSES, WATERWAYS LAND DEVELOPMENT REGULATIONS Concurrency management system Administrative responsibility 24-274 Applicability 24-275 Application and review and approval requirements 24-277 Capacity and level of service inventory Potable water 24-279(b) Recreation and open space 24-279(e) Sanitary sewer 24-279(a) Solid waste disposal 24-279(c) Supp. No. 40 2126 CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Concurrency management system (Cont'd.) Capacity and level of service inventory (Cont'd.) Stormwater and drainage 24-279(d) Projects not requiring a concurrency certificate 24-276 Purpose and intent 24-273 Timing and completion of required public facility improve- ments 24-278 Definitions. See herein: Language and Definitions Environmental and Natural Resource Regulations Protection of wetland, marsh and waterway resources Definitions 24-271 Environmental assessment, protection of wetlands, en- vironmentally sensitive areas Buffers required from wetlands 24-272(c) Environmental assessment required 24-272(a) Exceptions to the upland buffer requirements 24-272(d) Maintenance and permitted activities within upland buffers 24-272(e) Restoration, enhancement, mitigation, recovery plan 24-272(b) Purpose and intent 24-270 Wellhead protection Authority and responsibilities of the city 24-269 Definitions 24-263 Establishing and mapping wellhead protection areas24-264 Investigations and monitoring 24-265 Notice of release or spill of contaminants in wellhead protection areas 24-268 Prohibitions in wellhead protection areas 24-266 Purpose and intent 24-262 Requirements within wellhead protection areas 24-267 Florida -friendly landscaping and landscape irrigation Defined 24-179 Definitions 24-180 General provisions 24-181 Applicability 24-181(a) Appropriate plant selection, location and arrangement24-181(b) Hydrozone plans 24-181(c) Purpose and intent 24-178 General Adoption and authority 24-1 Amendments 24-4 Jurisdiction 24-3 Legal status and consistency with the comprehensive plan 24-5 Purpose and intent 24-2 Language and definitions Construction of language 24-16 Definitions 24-17 Supp. No. 40 2127 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Subdivision and Site Improvement Regulations Application procedure Applicability 24-201(b) General requirements 24-201 Proposed plat review and approval Information required for review 24-204(b) Purpose and intent 24-204(a) Review and approval procedure 24-202 Review of proposed plat or changes to previously re- corded plat Final approval required before commencing construc- tion 24-203(e) Preliminary engineering drawings 24-203(b) Preparation 24-203(a) Review process 24-203(c) Time limit 24-203(d) Unlawful division of land 24-201(a) Assurance for completion and maintenance of improve- ments Commencement of construction 24-231 Inspections 24-234 Issuance of certificate of completion 24-235 Maintenance security 24-233 Performance security Cash deposit 24-232(1) Personal bond with letter of credit 24-232(2) Surety bond 24-232(3) Design and construction standards Blocks Block lengths 24-255(b) General 24-255(a) Centralized sewer and water services 24-260 Clearing and grading of rights-of-way 24-259 Driveways 24-253 Easements Beach access easements Abandonment or vacation of prohibited 24-254(f) Drainage and watercourses 24-254(b) No city expense 24-254(e) Other drainage easements 24-254(c) Pedestrian and service easements 24-254(d) Utilities 24-254(a) General requirements 24-251 Conformity to city policies 24-251(a) General construction methods 24-251(d) Soil and flood hazards 24-251(c) Use of natural features 24-251(b) Lots Building restriction lines 24-256(f) Supp. No. 40 2128 CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Subdivision and Site Improvement Regulations (Cont'd.) Design and construction standards (Cont'd.) Lots (Cont'd.) Dimensions 24-256(b) Double frontage lots 24-256(e) General 24-256(a) Residential corner lots 24-256(c) Street access 24-256(d) Provision for required recreation 24-257 Required monumentation Iron pipes 24-258(a) Location and construction 24-258(c) Lot corners 24-258(d) Permanent reference markers 24-258(b) Time of placement 24-258(e) Septic tanks, private wastewater, and on-site sewage treatment and disposal systems Installation of 24-261 Shared driveways 24-253(b) Streets Access to paved streets required 24-252(c) Additional right-of-way and roadway improvements 24-252(e) Arrangement of streets 24-252(b) Concept and principles 24-252(a) Dead-end streets 24-252(j) Intersections of right angles 24-252(g) Minimum right-of-way and paving widths 24-252(i) Private streets providing access to individual lots 24-252(d) Property lines rounded at intersections 24-252(h) Reserve strips prohibited 24-252(0 Street names and house numbers 24-252(k) Generally Final subdivision plat or replat Exemptions 24-189 Requirements for approval and recording 24-188 Multiple lots and parcels treated as a single develop- ment parcel 24-190 Purpose and intent 24-186 Subdivision and subdivision improvements defined 24-187 Vacating previously recorded subdivision plats 24-192 Waiver 24-191 Conditions of waiver 24-191(b) General 24-191(a) Required improvements Generally 24-221 Wellhead protection; wetlands protection. See herein: Envi- ronmental and Natural Resource Regulations Zoning regulations Administration Supp. No. 40 2129 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Administration (Cont'd.) Appeals Administrative decisions of community development director 24-49(a) Decisions of community development board 24-49(b) Stay of work 24-49(c) City commission 24-46 Community development board 24-47 Community development director 24-48 Notice of public hearings 24-51 Vested rights Appeals 24-50(c) Determination of vested rights 24-50(a) Expiration 24-50(b) Application procedures Amendment and repeal 24-61 Change in zoning district classification 24-62 Development, construction, storage within zoning districts All structures 24-65(c) Temporary construction trailers or structures 24-65(a) Temporary storage structures and uses 24-65(b) Development review and issuance of development permits Approval of site plans 24-67(d) Changes to approved plans 24-67(i) Expiration of approved of construction plans 24-67(f) Expiration of development permits 24-67(g) Failure to continue review process 24-67(e) Procedures 24-67(b) Purpose 24-67(a) Retention of expired plans 24-67(h) Site development plan required 24-67(c) Establishment of districts Central business district (CBD) 24-114 Commercial general districts (CG) 24-111 Commercial limited district (CL) 24-110 Commercial, professional office (CPO) 24-109 Conservation district (CON) 24-103 Intent and purpose 24-101 Light industrial and warehousing districts (LIW) 24-112 Residential, multi -family district (RG -M) 24-108 Residential, single-family district (RS -1) 24-105 Residential, single-family district (RS -2) 24-106 Residential, single-family large lot district (RS -1) 24-104 Residential, two-family district (RG) 24-107 Special purpose district (SP) 24-113 Zoning districts established 24-102 Fees Engineering and review fees 24-69(b) Supp. No. 40 2130 CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Fees (Cont'd.) Planning and zoning fees 24-69(a) Specific use review fees 24-69(d) Utilities review fees 24-69(c) General provisions and exceptions Design and construction standards Two-family (duplex) dwellings and townhouse units24-88 Double frontage lots 24-84(a) Garage apartments (as allowed in combination with private garages) 24-89 General restrictions upon land, buildings and structures Density 24-82(e) Duplicates or externally similar dwellings 24-82(h) Flood protection 24-82(k) Height 24-82(c) Minimum floor area for residential dwelling units24-82(j) Number of buildings allowed on a single-family or two-family (duplex) lot 24-82(b) Open space use limitation 24-82(0 Percentage of lot occupancy 24-82(d) Required Lot and occupancy 24-82(g) Short-term rentals prohibited 24-82(1) Temporary residence 24-82(i) Use 24-82(a) Nonconforming lots, uses and structures Intent 24-85(a) Nonconforming lots of record 24-85(b) Nonconforming structures 24-85(c) Nonconforming uses Continuation 24-85(d)(1) Discontinuance 24-85(d)(3) Relocation or expansion 24-85(d)(2) Residential uses Replacement of lawfully existing residential uses dam- aged, destroyed by fire, weather related or unin- tended acts Multi -family dwellings 24-87(c) Single-family dwellings 24-87(a) Two-family dwelling 24-87(b) Special treatment of lawfully existing uses affected by future amendments or land development regula- tions Amendments to the land development regulations . 24-86(b) Changes to the official zoning map 24-86(a) Rules for determining boundaries 24-81 Yards, required; permitted projections Mechanical equipment 24-83(c) Required yards 24-83(a) Supp. No. 40 2131 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) General provisions and exceptions (Cont'd.) Yards, required; permitted projections (Cont'd.) Structural projections 24-83(b) Land clearing and alteration of site grade or topography24-68 Landscaping Applicability 24-177(a) Definitions 24-176 Landscape plan required 24-177(b) Vehicular use area interior landscaping requirements Criteria for distribution 24-177(c)(3) Incompatible or different use classifications Buffers required between 24-177(e) Intersection visibility 24-177(h) Landscape design standards 24-177(f) Maintenance and protection of landscaping 24-177(g) Open to the public 24-177(c)(1) Perimeter landscaping requirements Driveways to adjoining lots 24-177(d)(5) Driveways to streets 24-177(d)(4) Existing landscape screen 24-177(d)(3) Perimeter landscaping adjacent to lot lines 24-177(d)(2) Street frontage landscaping 24-177(d)(1) Specialized vehicular use areas closed to the public 24-177(c)(2) Scope 24-31 Special Planned Area District (SPA) Defined 24-117 Development standards and criteria 24-121 Effect on previously approved PUDs 24-126 Expiration of time limits provided in ordinance 24-125 Master site development plan required 24-122 Modifications to previously approved districts or master site development plans, or PUDs 24-124 Permitted uses and site requirements 24-119 Platting 24-123 Purpose and intent 24-116 Required 24-118 Rezoning to special planned area district Materials to accompany application 24-120(c) Ownership and commitment information 24-120(b) Procedure 24-120(a) Stormwater, drainage, storage and treatment require- ments Enforcement 24-66(f) Floodplain storage 24-66(c) Minor waivers to impervious surface area limits 24-66(g) NPDES requirements 24-66(e) On-site storage 24-66(b) Stormwater treatment 24-66(d) Supp. No. 40 2132 CODE INDEX LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Stormwater, drainage, storage and treatment require- ments (Cont'd.) Topography and grading Supplementary regulations Accessory uses and structures Authorization By zoning district In any zoning district; except as to private swimming pools Within all residential zoning districts Boats and watercraft Damage to, destruction of environmentally sensitive areas Intent Live -aboard vessels prohibited Private property rights Public docks and anchoring and mooring restrictions Unlawful to discharge Buffers Required between residential and nonresidential uses Child care Churches Commercial corridor development standards Building form and finish materials Delineation of commercial corridors Fences Intent Landscaping and required buffers Lighting Signs Dumpsters, garbage containers and refuse collection areas and above -ground tanks Establishments offering live entertainment Exceptions to height limitations Fences, walls and similar structures Corner lots Height and location Maintenance of fences Permit required Structures similar to fences Home occupations Approved in accordance with section 24-63 Intent Land clearing, tree removal or damage to existing trees and vegetation Neighborhood preservation and property maintenance standards Appropriate maintenance and upkeep Supp. No. 40 2133 Section 24-66(a) 24-151(a) 24-151(b) 24-151(b)(2) 24-151(b)(1) 24-174(c) 24-174(a) 24-174(e) 24-174(0 24-174(d) 24-174(b) 24-167 24-152 24-153 24-171(c) 24-171(b) 24-171(0 24-171(a) 24-171(g) 24-171(e) 24-171(d) 24-160 24-155 24-156 24-157(c) 24-157(b) 24-157(e) 24-157(a) 24-157(d) 24-159(b) 24-159(a) 24-168 24-173(b) ATLANTIC BEACH CODE LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Supplementary regulations (Cont'd.) Neighborhood preservation and property maintenance standards (Cont'd.) Purpose and intent Off-street parking and loading Additional requirements for multi -family residential uses Bicycle parking Design requirements General requirements and limitations for parking areas Location of required off-street parking spaces Measurement Off-street loading spaces Parking areas and tree protection Parking space requirements Plans required Purpose and intent Uses not specifically mentioned Outdoor display, sale, storage of furniture, etc.; business activities outside of enclosed buildings Parking lots Repair of vehicles in residential zoning districts Residential development standards Additional standards Height to wall plate Requests to vary from residential development stan- dards Shade trees Side wall planes Special treatment for certain existing single-family and two-family dwellings Third floor footprint Applicability Purpose and intent Service stations Access to site Lighting Location of pumps and structures Lot dimensions Signs Storage and parking Commercial vehicles and recreational vehicles and equipment Swimming pools Fences Lights Setbacks Supp. No. 40 2134 Section 24-173(a) 24-161(j) 24-161(k) 24-161(g) 24-161(b) 24-161(f) 24-161(d) 24-161(i) 24461(1) 24-161(h) 24-161(c) 24-161(a) 24-161(e) 24-154 24-162 24-163 24-172(c)(2) 24-172(e) 24-172(c)(4) 24-172(c)(1) 24-172(d) 24-172(c)(3) 24-172(b) 24-172(a) 24-165(b) 24-165(d) 24-165(c) 24-165(a) 24-166 24-163 24-164(c) 24-164(a) 24-164(b) CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Zoning regulations (Cont'd.) Use -by -exception 24-63 Variances Application 24-64(a) Approval of a variance 24-64(e) Approval of lesser variances 24-64(e) Grounds for approval of a variance 24-64(d) Grounds for denial of a variance 24-64(c) Nearby nonconformity 24-64(f) Public hearing 24-64(b) Time period to implement variance 24-64(h) Transferability 24-64(i) Waiting period for re -submittal 24-64(g) LANDSCAPING Florida -friendly landscaping and landscape irrigation 24-178 et seq. See: LAND DEVELOPMENT REGULATIONS Zoning provisions re 24-176 et seq. See: LAND DEVELOPMENT REGULATIONS LEASHING DOGS Provisions re 4-25 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building code Schedule of building permit fees 6-26 Building sewers and connections, permits 22-102, 22-103 Charitable solicitations 18-2 et seq. See: SOLICITORS, PEDDLERS, ETC. Development permits Flood hazard areas 8-23 et seq. See: FLOOD HAZARD AREAS Zoning regulations 24-67 See: LAND DEVELOPMENT REGULATIONS Digging up streets Permit required of public utilities 19-2 Franchise agreements 16-12 et seq. See: SOLID WASTE AND RECYCLING Local business license tax 20-51 et seq. See: TAXATION Mechanical permits 6-77 Motor vehicle title loan lending license 21-64, 21-66 See: TITLE LOANS Parades and processions, permits for 21-2 Plumbing permit 6-58 et seq. See: PLUMBING CODE Private wastewater disposal, permits 22-88 Residential parking sticker program; permits re 21-27 Supp. No. 40 2135 ATLANTIC BEACH CODE Section LICENSES AND PERMITS (Cont'd.) Sign permits 17-61 et seq. See: SIGNS AND ADVERTISING STRUCTURES LIENS Code enforcement board, provisions re liens 2-149, 2-150 LIFEGUARDS Lifeguard division Protecting safety and welfare of persons using beaches, etc 2-6 Parking of sailboats on beaches not to obstruct lifeguard activities 5-6 Other regulations. See: BEACHES LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises 3-9 Mobile home parks and recreation vehicle parks Illuminating at night 10-2(2) LITTERING Beaches, leaving refuse 5-4 LOCAL BUSINESS LICENSE TAX. See: TAXATION LOCAL LAND DEVELOPMENT REGULATION COMMIS- SION Community development board designated as See: PLANNING LOCAL PLANNING AGENCY Community development board designated as See also: PLANNING LOITERING Provisions re LOST PROPERTY Disposition of by police See: POLICE DEPARTMENT 14-22 14-22 13-2 15-16 LOTS Land development regulations Concurrency management system 24-273 et seq. Environmental and natural resource regulations 24-262 et seq. Generally 24-1 et seq. Subdivision and site improvement regulations 23-286 et seq. Zoning regulations 24-31 et seq. See: LAND DEVELOPMENT REGULATIONS Solid waste and recycling Removal of lot clearing, contractors' debris; oil and grease 16-8 Vacant lots Dogs and cats running at large 4-24 Supp. No. 40 2136 CODE INDEX LOTS (Cont'd.) Vacant lots (Cont'd.) Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohib- ited; compost piles LOUDSPEAKERS Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings M Section 16-7 3-10 MAGAZINES Obscene matter prohibited 13-6 MAIL Definition of "registered mail" 1-2 MAPS Community development board Recommending proposed changes in official map of city 14-20(3) Land development regulations Subdivision and site improvement regulations 23-286 et seq. Zoning regulations 24-31 et seq. See: LAND DEVELOPMENT REGULATIONS MARIJUANA. See: DRUGS MAYOR -COMMISSIONER. See: CITY COMMISSION MECHANICAL CODE Adoption 6-76 Inspection fee 6-77 METERS Water meters 22-19 et seq. See: WATERWORKS SYSTEM MINORS Definition of "person" to include children 1-2 Minors on streets and public places Curfew 13-153 Definitions 13-152 Owners of public places, responsibilities 13-154 Parents' responsibility 13-155 Procedures 13-157 Short title 13-151 Special functions 13-156 Violations; penalties 13-158 Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Supp. No. 40 2137 ATLANTIC BEACH CODE MINORS (Cont'd.) Sexual predators residency requirement MISDEMEANORS State misdemeanors MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Code enforcement board's jurisdiction re See: CODE ENFORCEMENT BOARD Definitions Minimum requirements for parks Weight requirements for commercial, recreational, etc., ve- hicles Zoning regulations Storage and parking of commercial vehicles and recre- ational vehicles and equipment See also: LAND DEVELOPMENT REGULATIONS MONTH Defined MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Operating motorized apparatus within two hundred feet of Use of vehicle on beach safety zone Loud and raucous noises lviotor vehicle title loans See: TITLE LOANS Nuisances enumerated Abatement of nuisances, etc. See: NUISANCES Obstruction of passage of vehicle Recreational vehicles See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Repair of vehicles in residential zoning districts Traffic regulations See: TRAFFIC Vehicles for hire Citations authorized; penalties provided Classification of vehicles for hire Definitions Drivers of vehicles for hire Engaging in criminal activity Equipment and safety requirements for vehicles for hire Inspection of vehicles Meters required for taxicabs Supp. No. 40 2138 Section 13-161 13-1 2-146 10-1 10-2 21-22 24-163 1-2 12-1(b)(4) 5-7 5-16 11-2 21-60 et seq. 12-1(b)(6), (7) 13-2 10-1 et seq. 24-163 21-1 et seq. 21-85 21-76 21-75 21-82 21-83 21-80 21-79 21-81 CODE INDEX MOTOR VEHICLES AND OTHER VEHICLES (Cont'd.) Vehicles for hire (Cont'd.) Printed matter appearing on a vehicle for hire, (except limousines); certain information required; advertising regulated Rates and charges N Section 21-78 21-84 NATIONAL ORIGIN Discrimination because of, fair housing 9-16 et seq. See: FMR HOUSING NATIVE VEGETATION. See: TREES AND NATIVE VEGETA- TION PROTECTION NESTS OF BIRDS OR WILD FOWL Molesting, etc. NEWSPAPERS Obscene matter prohibited NIGHTTIME Mobile home parks and recreational vehicle parks Park or camp areas to be illuminated properly all night 4-4 13-6 10-2(2) NOISE Animal or bird noises Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Exceptions 11-5 General prohibitions 11-1 Loud and raucous noises 11-2 Loudspeakers, alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Others held responsible 11-4 Penalties 11-6 Usual and customary noise 11-3 NONCONFORMING LOTS, USES AND STRUCTURES Nonconforming signs and waiver to certain provisions 17-51 et seq. See: SIGNS AND ADVERTISING STRUCTURES Zoning requirements 24-85 See also: LAND DEVELOPMENT REGULATIONS NUISANCES Abandoned, wrecked, junked, or inoperative property, etc. Declared nuisance 21-24(b) Abatement of conditions 12-2 Supp. No. 40 2139 ATLANTIC BEACH CODE Section NUISANCES (Cont'd.) Animals and fowl, nuisance provisions 4-27.1 et seq. See: ANIMALS AND FOWL Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enumerated 12-1 Notices, hearings, abatement of conditions 12-2 Nuisance control board Complaints 2-167 Created 2-161 Declaration of public nuisance 2-167 Hearings 2-167 Membership 2-162 Permanent injunctions 2-168 Restrictions 2-169 Public sewers, use of Prohibited discharges creating public nuisance 22-129(2) NUMBER Defined 1-2 NUMBERING OF BUILDINGS Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehi- cle parks 10-2(7) 0 OATH Code enforcement board's power to take testimony under oath 2-148 Defined 1-2 OBSCENITY. See: INDECENCY AND OBSCENITY OBSTRUCTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite obstructions, creating obstructions, etc 21-25 Lifeguard activities on public beaches Parking of sailboats not to obstruct 5-6 Obstructing access to public buildings, etc. 13-2 Obstructing free passage over streets, sidewalks or other public ways 19-1 Public sewers, use of Discharges causing obstructions to flow in sewers 22-129(4) Stopping, standing or parking vehicles alongside or opposite any street excavation or obstruction 21-17(7) Supp. No. 40 2140 CODE INDEX Section OCCUPATIONAL LICENSE TAX Local business license tax 20-51 et seq. See: TAXATION OCEAN BEACH Beaches, regulations for 5-1 et seq. See: BEACHES ODORS Nuisances. See also that subject Keeping of animals, chickens, etc., creating noxious odors 12-1(b)(5) Public sewers, use of Limitations on discharge concentrations or quantities Waters or wastes containing odor -producing substances 22-130(6) OFFENSES Miscellaneous offenses and regulations 13-1 et seq. Specific penalties, remedies, etc. See specific offenses as indexed alphabetically according to subject OFFICERS AND EMPLOYEES Benefits of employees 2-241 et seq. See also herein specific subjects Board of trustees of city employee's retirement system. See herein: Retirement System Building official 6-108 et seq. See: BUILDINGS AND BUILDING REGULATIONS Chief of fire department 7-17 et seq. See: FIRE DEPARTMENT Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Convenience business security act Employee training 13-165=Deaths Retirement system. See herein that subject Defense of civil actions against; payment of judgments or settlements 2-1 Defined contribution plan Administrative provisions 2-310.29 Contribution provisions 2-310.24 Earnings 2-310.25 Eligibility and membership requirements 2-310.20 Normal retirement age 2-310.22 Plan year 2-310.21 Spousal protection 2-310.28 Variable employer match of voluntary participant contri- butions 2-310.23 Vesting provisions 2-310.26 Withdraws and loans 2-310.27 Definition 1-2 Supp. No. 40 2141 ATLANTIC BEACH CODE Section OFFICERS AND EMPLOYEES (Cont'd.) Director of finance 2-71 et seq. See: FINANCES Director of public safety 2-41 Disability retirement Retirement system. See herein that subject Floodplain administrator 8-14 et seq. See: FLOOD HAZARD AREAS Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined 1-2 Life guard captain 2-63 Old -age and survivors insurance Appropriations and payment of contributions by city 2-244 Custodian of funds and withholding and reporting agent Designation of 2-248 Exclusions 2-246 Executive of agreements by mayor -commissioner 2-242 Records and reports 2-245 Social Security Act, acceptance of 2-247 Statement of policy 2-241 Withholdings from wages 2-243 Pensions Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Retirement system General employees' retirement system Beneficiaries 2-271 Benefit amounts and eligibility 2-266 Board of trustees 2-263 Contributions 2-265 Deferred retirement option plan 2-286 Definitions 2-261 Direct transfers of eligible rollover distributions 2-281 Disability 2-268 Domestic relations orders; retiree directed payments; exemption from execution, non -assignability 2-277 Family and Medical Leave Act 2-282 Finances and fund management 2-264 Forfeiture of pension 2-279 Indemnification 2-280 Maximum pension 2-274 Membership 2-262 Military service prior to employment 2-283 Minimum distribution of benefits 2-275 Miscellaneous provisions 2-276 Optional forms of benefits 2-270 Pension validity 2-278 Pre -retirement death 2-267 Supp. No. 40 2142 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Retirement system (Cont'd.) General employees' retirement system (Cont'd.) Prior government service 2-284 Reemployment after retirement 2-285 Roster of retirees 2-273 Vesting 2-269 Police officers' retirement system Beneficiaries 2-310 Benefit amounts and eligibility 2-305 Board of trustees 2-302 Claims procedures 2-310.1 Contributions 2-304 Conviction and forfeiture; false, misleading or fraudu- lent statements 2-310.11 Deferred retirement option plan 2-310.18 Definitions 2-300 Direct transfers of eligible rollover distributions 2-310.13 Disability 2-307 Domestic relations orders; retiree directed payments; exemption from execution, non -assignability 2-310.8 Family and Medical Leave Act 2-310.14 Finances and fund management 2-303 Forfeiture of pension 2-310.10 Indemnification 2-310.12 Maximum pension 2-310.4 Membership 2-301 Military service prior to employment 2-310.15 Minimum distribution of benefits 2-310.5 Miscellaneous provisions 2-310.6 Optional forms of benefits 2-309 Pension validity 2-310.9 Pre -retirement death 2-306 Prior police service 2-310.16 Reemployment after retirement 2-310.17 Repeal or termination of system 2-310.7 Reports to division of retirement 2-310.2 Roster of retirees 2-310.3 Vesting 2-308 Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure 2-356 et seq. See: TRAVEL Waterworks system Right of access by city employees 22-19 Tapping of mains, etc., restricted to city employees 22-15 OFFICIAL MAP. See: MAPS Supp. No. 40 2143 ATLANTIC BEACH CODE Section PLANNING (Cont'd.) Community development board (Cont'd.) Terms of office of members 14-18 Vacancies, filling 14-18 Comprehensive emergency management plan 2-400 et seq. See: EMERGENCY MANAGEMENT Comprehensive plan 14-1 PLATS AND PLATTING Subdivision and site improvement regulations 24-186 et seq. See: LAND DEVELOPMENT REGULATIONS PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 PLUMBING CODE Building sewers and connections Conformance with plumbing code 22-106 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fees 6-59 Water conservation regulations 6-61 Waterworks system Approval of plumbing prior to connection with water system 22-35 POISONOUS SOLIDS, LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with performance of duties 4-2 Police or service dog, bite by a; exemption from quarantine 4-13 Chief of police Appointment, compensation, removal 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Firearms 15-22 Hours of sales 15-19 Notice of sales 15-18 Supp. No. 40 2146 CODE INDEX Section POLICE DEPARTMENT (Cont'd.) Confiscated or lost property, disposition of (Cont'd.) Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency . 15-21 Director of public safety Supervision of police department 2-41 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 Retirement system 2-300 et seq. See: OFFICERS AND EMPLOYEES Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc 22-72 PRECEDING, FOLLOWING Defined 1-2 PRIVIES, PRIVY VAULTS Constructing 22-73 PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS Property maintenance code Adoption 6-120 Amendments 6-121 Property maintenance standards Zoning regulations 24-173 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Fire prevention and life safety 7-16 et seq. See: FIRE PREVENTION AND PROTECTION Supp. No. 40 2147 ATLANTIC BEACH CODE Section PUBLIC SAFETY (Cont'd.) Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC UTILITIES Department of 2-84 et seq. See: UTILITIES PUBLIC WORKS AND IMPROVEMENTS Community development board 14-16 et seq. See: PLANNING Department of public works Created 2-79 Director of public works/city engineer Appointment, compensation 2-80 Duties generally 2-81 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 R RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FMR HOUSING RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(7) RADIOS Loud and raucous noises 11-2 REAL ESTATE BROKERS Fair housing 9-16 et seq. Supp. No. 40 2148 CODE INDEX Section RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES REFRIGERATORS Abandoned refrigerators, nuisance provisions 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Charitable solicitation permit regulations re 18-2 RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FMR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Waterworks system Initial payment of minimum water rental 22-16 REPEAL OF ORDINANCES. See: CODE OF ORDINANCES REPLICA FIREARMS Definitions Possession and use regulated RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS 13-8 13-9 RETIREMENT General employees' retirement system 2-261 et seq. See: OFFICERS AND EMPLOYEES REWARDS Arsonists Reward for information leading to conviction of 7-2 RIGHTS-OF-WAY Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon any street or right-of-way 21-25(a) Building sewer installations, excavations within public right- of-way 22-111 ROOF DOWNSPOUTS Building sewers and connections Connection of downspouts 22-108 ROOF RUNOFF OF STORMWATER, ETC. Discharging into sanitary sewers 22-127 RUBBISH. See also: GARBAGE AND REFUSE Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES Supp. No. 40 2149 ATLANTIC BEACH CODE S SAFETY. See: PUBLIC SAFETY Section SAFETY ZONES Beach safety zones 5-16 et seq. See: BEACHES Roadway safety zones 19-5 SAILBOATS Beaches, regulations for 5-1 et seq. See: BEACHES SALES Alcoholic beverage sales 3-2 et seq. See: ALCOHOLIC BEVERAGES Confiscated or lost property, disposition of Sale of property 15-16 et seq. See: POLICE DEPARTMENT Drug paraphernalia, sale of 13-5 Fair housing, discrimination in sales 9-17 et seq. See: FAIR HOUSING Standing or parking vehicle for purpose of displaying it for sale 21-21 SCHOOL YARDS Definition of "public place" to include school yards 1-2 SCHOOLS Alcoholic beverage establishments, location of 3-6 Loud and raucous noises 11-2 Sexual predators residency requirement 13-161 SECONDHAND PLUMBING FIXTURES Plumbing permits Determination of ownership of secondhand fixtures prior to issuance 6-58 SEPTIC TANKS Constructing 22-73 SERVICE STATIONS Zoning regulations 24-165 SETBACKS Mobile home parks and recreational vehicle parks Setback requirements 10-2(3) SEVERABILITY OF PARTS OF CODE Provisions re 1-8 SEWERS AND SEWAGE DISPOSAL Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Supp. No. 40 2150 CODE INDEX Section SEXUAL CONDUCT Sexual predators residency requirement 13-161 SEXUAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING SHAFTS, ABANDONED Nuisances enumerated 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES SHALL; MAY Definition 1-2 SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SIGNS AND ADVERTISING STRUCTURES Cause for removal of signs, abandoned signs, and prohibited signs Prohibited signs and devices 17-42 Removal of unsafe, damaged or poorly maintained, and abandoned signs 17-41 Abandoned signs 17-41(c) Damaged signs and poorly maintained signs 17-41(b) Unsafe signs 17-41(a) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Definitions and references to other chapters within this Code 17-2 Intent 17-1 "No Solicitation" sign, posting of 18-5 Nonconforming signs and waiver to certain provisions Application 17-62 Calculation of permitted sign size 17-63 Fees 17-64 Nonconforming signs 17-51 Permit required 17-61 Requests to waive certain terms of this chapter 17-52 Residential parking permit signs, posting of 21-27(d) Signs permitted Banner signs 17-33 Exempt signs 17-26 General provisions applying to all permitted signs 17-27 Signs permitted within commercial and industrial zoning districts 17-29 Signs permitted within residential zoning districts 17-28 Signs placed on public buildings and structures and within public parks 17-32 Signs within conservation (CON) zoning districts 17-31 Supp. No. 40 2151 ATLANTIC BEACH CODE SIGNS AND ADVERTISING STRUCTURES (Cont'd.) Signs permitted (Cont'd.) Signs within special purpose (SP) and planned unit devel- opment (PUD) zoning districts Section 17-30 SLEEPING Loitering, sleeping, etc., in streets, parks, etc 13-2 SMOKE DETECTORS Fire prevention and life safety Smoke detection power source 7-33 SOCIAL SECURITY Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES SOLICITATION Aggressive solicitation prohibited 13-12 SOLICITORS, PEDDLERS, ETC. Charitable solicitations Books and records, inspection of 18-6 Definitions 18-1 Exceptions 18-8 "No Solicitation" sign, posting of 18-5 Permits Fees 18-3 Fingerprinting required 18-2 Registration required 18-2 Revocation 18-7 Prohibitions 18-4 Regulations generally 18-4 fiolat&Ons a lu p iaiti sn n 107-5 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD SOLID WASTE AND RECYCLING Annual review of fees 16-11 Burial of solid waste 16-6 Definitions 16-1 Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Fees for collection 16-10 Franchise agreements Application; fee action by city commission 16-20 Authority of permit holders 16-25 City's collection exempt from sections 16-10 through 16-18 16-19 Conflict of provisions 16-31 Effective date 16-32 Enforcement 16-29 Franchise award procedures 16-14 Franchise fees 16-16 Grant of authority 16-13 Supp. No. 40 2152 CODE INDEX Section SOLID WASTE AND RECYCLING (Cont'd.) Franchise agreements (Cont'd.) Issuance of permit 16-21 Noncompliance 16-17 Ownership of recyclable materials 16-26 Permit requirements and rules 16-22 Permits not transferable 16-24 Prima facie evidence of production of garbage; duty of city to inspect premises 16-28 Private refuse collectors; collection of commercial recycling and construction and demolition debris 16-18 Residential and commercial solid waste collection fran- chise an- chise 16-12 Restrictions on removal of deposited recyclables 16-27 Revocation or suspension of permits 16-23 Term 16-15 Violations and penalties 16-30 Garbage and trash containers 16-3 Hazardous or electronic waste 16-5 Land development regulations Concurrency management system; capacity and level of service inventory Solid waste disposal 24-279(c) Dumpsters, garbage containers and refuse collection areas and above -ground tanks Zoning regulations 24-160 See also: LAND DEVELOPMENT REGULATIONS Leaves and grass clippings; tree trunks 16-4 Removal of lot clearing, contractors' debris; oil and grease16-8 Solid waste collection 16-2 White goods, bulk items and special pickups, procedure and fees for removal 16-9 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(b)(4) STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STOPPING OF VEHICLES Regulated 21-16 et seq. See: TRAFFIC STORAGE Abandoned, wrecked, junked, inoperative, etc., vehicles Parking, storing or leaving longer than seventy-two hours Supp. No. 40 2153 ATLANTIC BEACH CODE Section STORAGE (Cont'd.) Abandoned, wrecked, junked, inoperative, etc., vehicles (Cont'd.) Parking, storing or leaving longer than seventy-two hours (Cont'd.) Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Towing and storage, charges for 21-51 See also: WRECKER SERVICE Zoning regulations Development, construction, storage within zoning districts All structures 24-65(c) Temporary construction trailers or structures 24-65(a) Temporary storage structures and uses 24-65(b) Outdoor sale, storage of furniture outside of enclosed buildings 24-154 Storage and parking of commercial vehicles and recre- ational vehicles and equipment 24-163 Stormwater, drainage, storage and treatment require- ments 24-66 STORM DRAINAGE. See: DRAINAGE STORMWATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard areas 8-1 et seq. See: FLOOD HAZARD AREAS Land development regulations Concurrency management system; capacity and level of service inventory Stormwater and drainage 24-279(d) Zoning regulations Stormwater, drainage, storage and treatment require- ments 24-66 See also: LAND DEVELOPMENT REGULATIONS STORMWATER MANAGEMENT Billing 22-310 Collection 22-310 Comprehensive plan re 22-304 Customer base 22-308 Definitions 22-303 Directors 22-306 Enterprise fund 22-309 Findings of fact 22-302 Powers and duties 22-307 Rates and charges Appeal process 22-337 Definitions 22-333 Supp. No. 40 2154 CODE INDEX Section STORMWATER MANAGEMENT (Cont'd.) Rates and charges (Cont'd.) Enforcement 22-336 Fee schedule 22-335 Findings of fact 22-332 Short title 22-331 Utility fee category 22-334 Violations and penalties 22-336 Short title 22-301 Utility established 22-305 STREAMS. See: WATERCOURSES, WATERWAYS STREET ADDRESSES Fire prevention and life safety Street address identification 7-37 Numbering of buildings, mobile homes, etc. Mobile home parks and recreational vehicle parks Requirements for 10-2(7) Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25 Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc 22-111 Closing of streets for various events 19-3 Community development board 14-16 et seq. See: PLANNING Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed 4-25 Dogs or cats running at large on public streets 4-24 Driveways Construction of driveways in rights-of-way 19-7 Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(a)(2) Digging up streets prohibited; exception as to public util- ities; etc. 19-2 Stopping, standing or parking vehicles alongside or oppo- site any street excavation 21-17(7) Intersections Sight distance requirements and safety zones 19-5 Loitering, obstructions, etc., in public places 13-2 Supp. No. 40 2155 ATLANTIC BEACH CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Minors on streets and in public places 13-151 et seq. See: MINORS Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto public streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets12-1(b)(2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or oppo- site street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Public place defined 1-2 Safety zones 19-5 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Special c cnts , Closing of streets for various events 19-3 Stopping, standing or parking vehicle Alongside or opposite street excavation 21-17(6) On sidewalks 21-17(1) Subdivision and site improvement regulations Design and construction standards Clearing and grading of rights-of-way 24-259 Easements 24-254 Streets 24-252 Subdivision regulations 24-186 et seq. See: LAND DEVELOPMENT REGULATIONS Traffic calming devices 19-6 Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTECTION Utility rights-of-way 19-8 Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 Supp. No. 40 2156 CODE INDEX Section 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. 2-148 SUPPLEMENTATION OF CODE Revisions re 1-10 SURETY BOND. See: BOND, SURETY 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 Supp. No. 40 2157 ATLANTIC BEACH CODE Section TAXATION (Cont'd.) Insurance premium taxes (Cont'd.) 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 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 20-31 et seq. See: TAXATION TENANTS Definition of "owner" to include tenants 1-2 TENSE Defined Supp. No. 40 2158 1-2 CODE INDEX Section 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 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 Supp. No. 40 2159 ATLANTIC BEACH CODE TRAFFIC (Cont'd.) Safety zones Stopping, standing and parking Abandoned, wrecked, junked or inoperative property, etc Declared unlawful; exception; nuisance declared Removing and impounding Towage and storage charges Commercial, recreational, etc., vehicles; weight require- ments Compliance with signs prohibiting parking required Enforcement Disposition of money collected as fines Form of citations Issuance of citations Payment of parking fines Presumption of motor vehicle ownership Schedule of fines Manner of parking Obstructing traffic Parking for certain purposes prohibited Parking limitations Parking more than seventy-two hours prohibited..... , ... Prohibited in specific areas Traffic calming devices Traffic -control signs, signals and devices Compliance with signs prohibiting parking Manual on Uniform Traffic Control Devices adopted Parking limitations where signs are erected Vehicles for hire See: MOTOR VEHICLES AND OTHER VEHICLES Wrecker service Charges for towing and storage Establishment of rotating wrecker call list Liability insurance Repairing vehicles without authorization prohibited Wreckers to be equipped at all times TRAILERS. See: MOBILE HOMES AND RECREATIONAL VEHICLES TRAPPING Trapping birds, wild fowl, etc. TRASH. See: GARBAGE AND REFUSE TRAVEL Uniform travel policy and procedure Auditing Authority to incur travel and business expenses Authorized travel Definitions Expense forms and regulations Supp. No. 40 2160 Section 19-5 21-24 21-25 21-26 21-22 21-19 21-40 21-37 21-36 21-39 21-41 21-38 21-16 21-18 21-21 21-20 21-23 21-17 19-6 21-19 21-1 21-20 21-75 et seq. 21-51 21-50 21-53 21-54 21-52 4-4 2-365 2-357 2-363 2-356 2-359 CODE INDEX Section TRAVEL (Cont'd.) Uniform travel policy and procedure (Cont'd.) Fraudulent claims 2-366 Funding 2-358 Reimbursable incidental expenses 2-364 Schedule for meal allowance and accommodations 2-360 Subsistence 2-361 Transportation 2-362 TRAVEL TRAILERS. See: MOBILE HOMES AND RECRE- ATIONAL VEHICLES TREES AND NATIVE VEGETATION PROTECTION Amendments to provisions 23-4 Applicability 23-2 Definitions 23-8 Intent 23-1(b) Land development regulations and comprehensive plan Relationship 23-3 Purpose 23-1(a) Tree and vegetation regulations Administrator 23-13 Appeals Procedure to file an appeal 23-25(a) Stay of work 23-25(b) Areas of special concern Applicability 23-40 Historic corridors and heritage trees Criteria 23-41(b) Designation 23-41(a) Documentation 23-41(c) Mitigation 23-41(d) City commission 23-12 Contagious diseased and pest -infested trees; elimination 23-36 Elimination of Fees Application 23-26(a) Reinspection 23-26(b) Research or extensive time fees (per hour) 23-26(c) Inspections Final inspection and notice of completion 23-24(a)(3) Initial inspection 23-24(a)(1) Maintenance inspections 23-24(a)(4) Protective barricade inspection 23-24(a)(2) Reinspection fees 23-26(b) Maintenance and monitoring requirements Determination of success 23-34(1) Large-scale projects 23-34(2) Minimum tree requirements 23-30 Mitigation 23-33 Payment in lieu of replacement/relocation 23-37 Supp. No. 40 2161 ATLANTIC BEACH CODE TREES AND NATIVE VEGETATION PROTECTION (Cont'd.) Tree and vegetation regulations (Cont'd.) Permits Amendment Application required Compliance review and approval of applications Fees Review by other agencies Sufficiency review of applications Claims for exemptions; verification may be required Content Exemptions Expiration Posting Required Revocation By administrator Discontinuance of work Prohibitions Attachments Excessive, improper pruning Pruning, removal of city trees Tree spiking Unauthorized clearing Scope Site preparation Tree conservation trust fund Administration Assets Establishment Terms of existence Tree protection during development and construction Restrictions during construction Adjacent properties Burden of tree protection on property owner Disposal of waste materials Placement of materials, machinery, or temporary soils Protective barriers and signage required Undesirable species; elimination Violations, enforcement and penalties Code enforcement action Notice of violation Penalties Requirement for emergency or immediate corrective action Stop work order Violations Supp. No. 40 2162 Section 23-23(h) 23-23(a) 23-23(d) 23-26(a) 23-23(c) 23-23(b) 23-22 23-23(f) 23-22 23-23(e) 23-23(g) 23-21 23-23(i)(1) 23-23(i)(2) 23-31(d) 23-31(a) 23-31(b) 23-31(c) 23-31 23-11 23-24(b) 23-14(d) 23-14(c), (e) 23-14(a) 23-14(b) 23-32(d) 23-32(b) 23-32(a)(2) 23-32(a)(1) 23-32(c) 23-35 23-50 23-47 23-51 23-49 23-48 23-46 CODE INDEX Section TREES AND SHRUBBERY (General) See also: TREES AND NATIVE VEGETATION PROTEC- TION Code enforcement board's jurisdiction re 2-146 Land clearing, tree removal or damage to existing trees and vegetation 24-168 Roadway safety zones; planting on 19-5 Solid waste and recycling Leaves and grass clippings; tree trunks 16-4 Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Zoning supplemental regulations Off-street parking and loading Parking areas and tree protection 24-161(1) TRUCKS Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) UTILITIES Generally Accounts receivable write-offs 22-5 Authority to adjust or waive charges in appropriate cases 22-4 Combined sewer and water systems 22-1 Return investment policy for Buccaneer plant 22-2 Voluntary collection program to assist needy with utility bills 22-3 Public service tax 20-16 et seq. See: TAXATION Public utilities, department of Created 2-84 Other duties 2-87 Utility director Appointment, compensation 2-85 Duties 2-86 Stormwater management 22-301 et seq. See: STORMWATER MANAGEMENT Streets, sidewalks and public places Digging up streets, exceptions as to public utilities 19-2 Permit required of public utilities 19-2 Voluntary collection program to assist needy with utility bills 22-3 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Supp. No. 40 2163 ATLANTIC BEACH CODE Section UTILITIES (Cont'd.) Waterworks system 22-14 et seq. See: WATERWORKS SYSTEM V VACANT HOUSES Water service Liability of consumer for charges Allowance made for vacant houses 22-23 VACANT LOTS Dogs and cats running at large 4-24 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 VEGETATION Gardens. See that subject Trees and native vegetation protection See: TREES AND NATIVE VEGETATION PROTECTION Weeds and brush. See that title VEHICLES. See: MOTOR VEHICLES AND OTHER VEHI- CLES 23-1 et seq. VERMIN Nuisances Permitting buildings to become vermin infested 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES W WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES WASTEWATER SYSTEM Bills Sewer user classification rates and charges. See herein that subject Building sewers and connections Barricading, restoring excavations 22-111 Building and plumbing codes, conformance with 22-106 Connections 22-109 Conformance; making gastight and watertight; devia- tions 22-109 Connection of roof downspouts, foundation drains, sur- face runoff, etc. 22-108 Inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc 22-101 Elevation 22-107 Supp. No. 40 2164 CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Building sewers and connections (Cont'd.) Excavations for building sewer installation Barricading, restoring 22-111 Old building sewers, use of 22-105 Permits Classification; application 22-103 Inspections 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Concurrency management system; capacity and level of service inventory Sanitary sewer 24-279(a) Connections Building sewers and connections. See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Extensions Sewer system extensions. See herein that subject Fees 22-169 Sewer user rates and charges. See herein that subject Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers . 22-71 Rates Sewer user rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Supp. No. 40 2165 ATLANTIC BEACH CODE Section WASTEWATER SYSTEM (Cont'd.) Sewer system extensions (Cont'd.) Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Monthly wastewater base facilities charges 22-166 Payment of connection fees and system development charges 22-171 Review and changes of rates 22 168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 Subdivision and site improvement regulations Design and construction standards Centralized sewer and water services 24-260 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 Use of public sewers generally Construction of provisions 22-126 Discharging stormwater, etc., into storm sewers or natural cutlets 22 123 Discharging unpolluted waters into sanitary sewer; excep- tion 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc 22-72 Installation of toilet facilities required; connection of facil- ities to public sewer 22-74 Utility provisions generally. See: UTILITIES Supp. No. 40 2166 CODE INDEX Section WATERCOURSES, WATERWAYS (Canals, lakes, etc.) Definition of "public place" to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natural outlets 22-72 Environmental and natural resource regulations Protection of wetland, marsh and waterway resources 24-271 et seq. See: LAND DEVELOPMENT REGULATIONS Flood hazard areas 8-1 et seq. See: FLOOD HAZARD AREAS Public sewers, use of Discharging stormwater, etc., into natural outlets 22-128 Subdivision and site improvement regulations Design and construction standards; easements Centralized sewer and water services 24-260 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-19 Application for water service 22-14 New subdivisions 22-37 Approval of plumbing prior to connection with water system 22-35 Bills. See herein: Charges, Fees, Bills Charges, fees, bills Basis for billing if meter fails to register 22-24 Connection charges; initial payment of minimum water rental 22-16 Cost of pipes, etc., in subdivisions to be paid by developer 22-37 Deposits Temporary service 22-17 Utility deposits 22-27.1 Due dates 22-29 Establish service or re-establish service after cutoff or transfer 22-20 Fire protection service charge 22-30 Installation charges 22-28 Late fees 22-29 Liability of consumer for charges 22-23 Property owner responsible to city for water charges 22-26 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meters Liability for cost of testing, adjustment of bills 22-21 Vacant houses No allowance to be made for unless water shut off 22-23 Water impact fees 22-28 Water service, charges for 22-27 Supp. No. 40 2167 ATLANTIC BEACH CODE Section WATERWORKS SYSTEM (Cont'd.) Connections Approval of plumbing prior to connection with water system 22-35 Connection charges; initial payment of minimum water rental 22-16 Connection of private water systems to city systems pro- hibited 22-32 Prohibited acts 22-33 Tapping of mains, etc., restricted to employees 22-15 When bills become delinquent 22-29 Cross connection control Cross connections; backflow devices 22-43 Definitions 22-42 Deposits Temporary service 22-17 Utility deposits 22-27.1 Determination of type of service for each consumer 22-25 Easements Granting necessary easements by consumer 22-18 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Florida -friendly landscaping and landscape irrigation 24-178 et seq. See: LAND DEVELOPMENT REGULATIONS Interruptions in service Liability of city 22-36 Land development regulations Concurrency management system; capacity and level of service inventory Potable water 24-279(b) Subdivision and site improvement regulations Design and construction standards Centralized sewer and water services 24-260 Wellhead protection 24-263 et seq. See: LAND DEVELOPMENT REGULATIONS Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-24 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meter; liability for cost of testing 22-21 Adjustment of bills 22-21 Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Private water systems Connection of to city system prohibited 22-32 Connection to public sewers; failure of system; cleaning and filling 22-90 Written report required for failed private system 22-92 Supp. No. 40 2168 CODE INDEX Section WATERWORKS SYSTEM (Cont'd.) Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Tapping Prohibited acts 22-33 Tapping of mains, etc., restricted to city employees 21-17 Temporary service 22-17 Utility provisions generally. See: UTILITIES Water 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 Supp. No. 40 2169 ATLANTIC BEACH CODE WRECKER SERVICE (Cont'd.) Liability insurance Repairing vehicles without authorization Wreckers to be equipped at all times WRITING Defined Y YARD SALES Outdoor display, sale, storage of furniture, household items, etc. Section 21-53 21-54 21-52 1-2 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 ZONING REGULATIONS. See: LAND DEVELOPMENT REG- ULATIONS Supp. No. 40 2170