AB Code Supplement 41SUPPLEMENT NO. 41
October 2014
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. 5-14-61, adopted September 8, 2014.
See the Code Comparative Table—Ordinances for further information.
Remove Old Pages Insert New Pages
ix—xiii ix—xiv
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:1, SH:2 SH:1, SH:2
155-158 155-158.5
185-188.10 185-188.10.1
188.41-188.58 188.41-188.58.1
577-581 577
579-586
1221-1231 1221-1233
1275-1278.1 1275-1278.4
1282.1-1284.4 1283-1284.6
1307, 1308 1307-1315
1403, 1404 1403-1404.3
1404.5
1449, 1450 1449, 1450
1514.3, 1514.4 1514.3-1514.10
2007, 2008 2007-2009
2053-2056 2053-2056
2101, 2102 2101, 2102
2107, 2108 2107, 2108
2113-2118 2113-2118
2125-2128 2125-2128.1
2139, 2140 2139, 2140
2147-2152 2147-2152
2159, 2160 2159, 2160
2169, 2170 2169, 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
TABLE OF CONTENTS
Page
Officials of the City iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
Supplement History Table SH:1
PART I
CHARTER
Charter
1
Art. I. Incorporation; Form of Government; Powers 1
Art. II. The Commission 3
Art. III. The City Manager 7
Art. IV. The City Clerk 9
Art. V. The City Attorney 10
Art. VI. Department of Public Safety 11
Art. VII. Budget 11
Art. VIII. Department of Finance 12
Art. IX. Elections 12
Art. X. Initiative and Referendum 14.1
Art. XI. Recall Elections 17
Art. XII. Franchises 17
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV. Municipal Borrowing 18.1
Art. XVI. Suits Against the City 18.1
Art. XVII. General and Miscellaneous Provisions 19
Art. XVIII. When Act Takes Effect 22
Charter Comparative Table—Special Acts 79
Charter Comparative Table—Ordinances 91
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 103
2. Administration 155
Art. I. In General 158.3
Art. II. City Commission 158.4
Art. III. City Manager 162.2
Art. IV. Departments 162.3
Div. 1. Generally 162.3
Supp. No. 41 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. 41 x
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. W 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 579
Art. II. Fair Housing 583
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. W. Convenience Business Security Act 797
14. Planning/Zoning/Appeals
Art. I. In General
Art. II. Community Development Board
15. Police
Art. I. In General
Supp. No. 41 xi
839
839
839
891
891
ATLANTIC BEACH CODE
Chapter Page
Art. II. Disposition of Confiscated or Lost Property891
16. Solid Waste and Recycling 943
Art. I. Solid Waste Definitions and Procedures 943
Art. II. Franchise Agreements 952
17. Signs and Advertising Structures 995
Art. I. In General 995
Art. II. Signs Permitted 999
Art. III. Cause for Removal of Signs, Abandoned Signs
and Prohibited Signs 1009
Art. IV. Nonconforming Signs and Waiver to Certain
Provisions 1011
Art. V. Sign Permits 1012
18. Solicitations 1055
19. Streets, Sidewalks and Other Public Places 1107
20. Taxation 1157
Art. I. In General 1157
Art. II. Public Service Tax 1157
Div. 1. Generally 1157
Div. 2. Telephone Service 1159
Art. III. Local Business Tax 1160
Art. IV. Insurance Premium Taxes 1178
Art. V. Additional Homestead Exemption 1179
21. Traffic and Motor Vehicles 1221
Art. I. In General 1223
Art. II. Stopping, Standing and Parking 1223
Div. 1. Generally 1223
Div. 2. Enforcement 1228
Art. III. Wrecker Service 1230
Art. IV Motor Vehicle Title Loans 1232
Art. V. Vehicles for Hire 1241
22. Utilities 1275
Art. I. In General 1278.1
Art. II. Waterworks System 1278.3
Art. III. Wastewater System 1284.5
Div. 1. Generally 1284.5
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. 41 xii
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. V. Reclaimed Water System 1308
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 1404.5
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
Div. 10. Florida -Friendly Use of Fertilizer on Ur-
ban Landscapes 1514.3
Art. IV. Subdivision and Site Improvement Regulations 1514.9
Div. 1. Generally 1514.9
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
Supp. No. 41 xiii
ATLANTIC BEACH CODE
Page
Statutory Reference Table 2053
Charter Index 2081
Code Index 2101
Supp. No. 41 xiV
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 41 105, 106 OC
xi, xii 41 107, 108 13
xiii, xiv 41 155, 156 41
SH:1, SH:2 41 157, 158 41
1, 2 19 158.1, 158.2 41
3, 4 34 158.3, 158.4 41
5, 6 38 158.5 41
6.1 38 159, 160 40
7, 8 14 161, 162 40
9, 10 14 162.1, 162.2 40
11, 12 38 162.3, 162.4 40
13, 14 38 163, 164 25
14.1 38 165, 166 32
15, 16 14 167, 168 39
17, 18 33 169, 170 40
18.1 33 170.1 40
19, 20 14 171, 172 39
[1]
Supp. No. 41
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
172.1, 172.2 39 188.53, 188.54 41
172.3, 172.4 39 188.55, 188.56 41
172.5, 172.6 39 188.57, 188.58 41
173, 174 40 188.58.1 41
175, 176 40 188.59, 188.60 40
177, 178 40 188.61, 188.62 40
179, 180 40 188.63, 188.64 40
181, 182 40 188.65, 188.66 40
183, 184 40 188.67, 188.68 40
185, 186 41 188.69, 188.70 40
187, 188 41 188.71, 188.72 40
188.1, 188.2 41 188.73, 188.74 40
188.3, 188.4 41 188.75, 188.76 40
188.5, 188.6 41 188.77, 188.78 40
188.7, 188.8 41 188.79, 188.80 40
188.9, 188.10 41 188.81, 188.82 40
188.10.1 41 189, 190 35
188.11, 188.12 40 191, 192 35
188.13, 188.14 40 193, 194 35
188.15, 188.16 40 195, 196 35
188.17, 188.18 40 197, 198 35
188.19, 188.20 40 199, 200 35
188.21, 188.22 40 201, 202 35
188.23, 188.24 40 203 35
188.25, 188.26 40 245, 246 30
188.27, 188.28 40 247, 248 35
188.29, 188.30 40 299, 300 40
188.31, 188.32 40 301, 302 40
188.33, 188.34 40 303, 304 40
188.35, 188.36 40 305, 306 40
188.37, 188.38 40 307, 308 40
188.39, 188.40 40 309, 310 40
188.41, 188.42 41 311, 312 40
188.43, 188.44 41 313, 314 40
188.45, 188.46 41 315, 316 40
188.47, 188.48 41 317, 318 40
188.49, 188.50 41 353, 354 33
188.51, 188.52 41 355, 356 38
[2]
Supp. No. 41
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
357, 358 40 553 40
359 40 577 41
407, 408 35 579, 580 41
409, 410 38 581, 582 41
410.1, 410.2 36 583, 584 41
411, 412 35 585, 586 41
413, 414 35 631, 632 OC
415, 416 35 683, 684 24
416.1, 416.2 35 685 24
417, 418 37 735, 736 35
418.1, 418.2 37 737, 738 36
418.3, 418.4 37 787, 788 39
418.5, 418.6 37 789, 790 39
418.7, 418.8 37 791, 792 39
419, 420 27 793, 794 39
421, 422 36 794.1, 794.2 39
469, 470 35 795, 796 32
471, 472 35 797, 798 38
473, 474 35 799, 800 38
475, 476 35 839, 840 28
477, 478 35 841, 842 5
479, 480 35 843 5
521, 522 40 891, 892 31
523, 524 40 943, 944 34
525, 526 40 945, 946 35
527, 528 40 947, 948 35
529, 530 40 949, 950 37
531, 532 40 951, 952 37
533, 534 40 953, 954 40
535, 536 40 955, 956 40
537, 538 40 957 40
539, 540 40 995, 996 26
541, 542 40 997, 998 40
543, 544 40 999, 1000 40
545, 546 40 1001, 1002 40
547, 548 40 1003, 1004 39
549, 550 40 1005, 1006 39
551, 552 40 1007, 1008 39
[3]
Supp. No. 41
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1009, 1010 39 1239, 1240 40
1011, 1012 39 1241, 1242 40
1013 39 1243, 1244 40
1055,1056 15 1245 40
1057, 1058 15 1275, 1276 41
1059 15 1277, 1278 41
1107, 1108 31 1278.1, 1278.2 41
1109, 1110 37 1278.3, 1278.4 41
1111, 1112 31 1279, 1280 38
1113, 1114 39 1281, 1282 38
1115, 1116 39 1283, 1284 41
1117, 1118 39 1284.1, 1284.2 41
1119, 1120 39 1284.3, 1284.4 41
1121, 1122 39 1284.5, 1284.6 41
1123, 1124 39 1285, 1286 OC
1125, 1126 39 1286.1, 1286.2 23
1127 39 1287 23
1157, 1158 33 1288.1 16
1159, 1160 33 1289, 1290 OC
1161, 1162 33 1291, 1292 OC
1163, 1164 37 1293, 1294 OC
1165, 1166 40 1295, 1296 38
1167, 1168 40 1297, 1298 38
1169, 1170 40 1298.1, 1298.2 36
1171, 1172 40 1200, 1300 OC
1173, 1174 40 1301, 1302 11
1175, 1176 40 1303, 1304 11
1177, 1178 40 1305, 1306 11
1179, 1180 33 1307, 1308 41
1221, 1222 41 1309, 1310 41
1223, 1224 41 1311, 1312 41
1225, 1226 41 1313, 1314 41
1227,1228 41 1315 41
1229, 1230 41 1351, 1352 37
1231, 1232 41 1353, 1354 37
1233 41 1355,1356 37
1235, 1236 21 1357, 1358 37
1237, 1238 21 1359, 1360 37
[4]
Supp. No. 41
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1361, 1362 37 1445, 1446 40
1363, 1364 37 1446.1 40
1365, 1366 37 1447, 1448 37
1367, 1368 37 1449, 1450 41
1369, 1370 37 1451, 1452 37
1371, 1372 37 1453, 1454 37
1373, 1374 37 1455, 1456 37
1375, 1376 37 1457, 1458 37
1377, 1378 37 1459, 1460 37
1379, 1380 37 1461, 1462 37
1381 37 1463, 1464 37
1403, 1404 41 1465, 1466 37
1404.1, 1404.2 41 1467, 1468 37
1404.3 41 1469, 1470 37
1404.5 41 1471, 1472 37
1405, 1406 37 1473, 1474 37
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
[51
Supp. No. 41
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1509, 1510 37 2053, 2054 41
1511, 1512 37 2055, 2056 41
1513, 1514 38 2081, 2082 14
1514.1, 1514.2 38 2083, 2084 38
1514.3, 1514.4 41 2085, 2086 33
1514.5, 1514.6 41 2087, 2088 14
1514.7, 1514.8 41 2101, 2102 41
1514.9, 1514.10 41 2103, 2104 40
1515, 1516 37 2105, 2106 40
1517, 1518 37 2107, 2108 41
1519, 1520 37 2109, 2110 40
1521, 1522 37 2111, 2112 40
1523, 1524 37 2113, 2114 41
1525, 1526 37 2115, 2116 41
1527, 1528 37 2117, 2118 41
1529, 1530 37 2119, 2120 40
1531, 1532 37 2121, 2122 40
1533, 1534 37 2123, 2124 40
1535, 1536 37 2125, 2126 41
1537, 1538 37 2127, 2128 41
1539, 1540 37 2128.1 41
1541, 1542 37 2129, 2130 40
1543, 1544 37 2131, 2132 40
1983, 1984 OC 2133, 2134 40
1985 �C 2135,213G 40
1987, 1988 OC 2137, 2138 40
1989, 1990 OC 2139, 2140 41
1991, 1992 2 2141, 2142 40
1993, 1994 6 2143, 2144 40
1995, 1996 13 2145, 2146 40
1997, 1998 18 2147, 2148 41
1999, 2000 24 2149, 2150 41
2001, 2002 30 2151, 2152 41
2003, 2004 37 2153, 2154 40
2005, 2006 37 2155, 2156 40
2007, 2008 41 2157, 2158 40
2009 41 2159,2160 41
2043 OC 2161, 2162 40
[6]
Supp. No. 41
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No.
2163, 2164 40
2165, 2166 40
2167, 2168 40
2169, 2170 41
[71
Supp. No. 41
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
Included/
Omitted
Supp. No.
95-10-100
5-10-10
Included
38
33-10-17
6-28-10
Included
38
80-10-79
8-23-10
Included
38
80-10-80
9-27-10
Included
38
90-10-213
10-25-10
Included
38
57-10-23
11- 8-10
Included
38
05-10-52
11-22-10
Included
38
05-10-53
11-22-10
Included
38
95-10-102
1-10-11
Included
38
65-11-37
3-28-11
Included
39
95-11-103
7-25-11
Included
39
95-11-104
9-26-11
Included
39
25-11-42
10-10-11
Included
39
60-11-16
10-10-11
Included
39
80-11-81
10-10-11
Included
39
5-12-54
1- 9-12
Included
39
5-12-55
1- 9-12
Included
39
60-12-17
1- 9-12
Included
39
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. 41
SH:1
ATLANTIC BEACH CODE
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
80-13-83
8-12-13
Included
41
75-13-19
10-28-13
Included
41
90-13-220
1-13-14
Included
41
80-14-84
2-10-14
Included
41
90-14-221
3-24-14
Omitted
41
90-14-222
4-14-14
Included
41
80-14-85
7-28-14
Included
41
80-14-86
7-28-14
Included
41
58-14-38
8-11-14
Included
41
58-14-39
8-11-14
Included
41
95-14-108
8-11-14
Included
41
5-14-61
9- 8-14
Included
41
Supp. No. 41 SH:2
Chapter 2
ADMINISTRATION*
Article I. In General
Sec. 2-1. Defense of civil actions against public officers, employees or agents; payment of
judgments or settlements.
Sec. 2-2. Charitable contributions prohibited.
Secs. 2-3-2-15. Reserved.
Article II. City Commission
Sec. 2-16. Time and place of regular meetings.
Sec. 2-17. Calling special meetings.
Sec. 2-18. Quorum.
Sec. 2-19. Rules of conduct and procedure at meetings.
Sec. 2-20. Salary of members.
Sec. 2-21. Resignation from office; election procedures.
Sec. 2-22. Voting districts.
Secs. 2-23-2-30. Reserved.
Secs. 2-31-2-40. Reserved.
Article III. City Manager
Article IV. Departments
Division 1. Generally
Sec. 2-41. Director of public safety.
Secs. 2-42-2-50. Reserved.
Division 2. Police Department
Sec. 2-51. Chief of police—Appointment, compensation, removal.
Sec. 2-52. Same—Duties and authority.
Sec. 2-53. Powers and authority of deputies and chief.
Secs. 2-54-2-60. Reserved.
Sec. 2-61.
Sec. 2-62.
Division 3. Fire Department
Fire chief—Appointment; compensation.
Same—Duties and authority.
*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. 41 155
ATLANTIC BEACH CODE
Sec. 2-63. Lifeguard division.
Secs. 2-64-2 70. Reserved.
Division 4. Department of Finance
Sec. 2-71. Appointment of director of finance.
Sec. 2-72. Created.
Sec. 2-73. Investment of funds; policy.
Sec. 2-74. Finance director -Duties generally.
Sec. 2-75. Same -Financial information.
Sec. 2-76. Same -Assisting in preparation of budget; accepting other responsibilities.
Sec. 2-77. Functions.
Sec. 2-78. Duties.
Division 5. Department of Public Works
Sec. 2-79. Created.
Sec. 2-80. Director of public works/city engineer -Appointment, compensation.
Sec. 2-81. Same -Duties.
Sec. 2-82. Reserved.
Sec. 2-83. Other duties.
Division 6. Department of Public Utilities
Sec. 2-84. Created.
Sec. 2-85. Utility director -Appointment, compensation.
Sec. 2-86. Same -Duties.
Sec. 2-87. Other duties.
Secs. 2-88-2-130. Reserved.
Article V. Boards and Commissions
Division 1. Generally
Sec. 2-131. Reappointment to boards and committees.
Secs. 2-132-2-140. Reserved.
Division 2. Code Enforcement Board
Sec. 2-141. Created; membership; terms.
Sec. 2-142. Removal; filling vacancies.
Sec. 2-143. Meetings; election of officers; quorum.
Sec. 2-144. Minutes of hearings; clerical and administrative personnel.
Sec. 2-145. City attorney.
Sec. 2-146. Jurisdiction.
Sec. 2-146.1. Jurisdiction of special magistrate.
Sec. 2-147. Procedure; enforcement and hearings.
Sec. 2-148. Powers.
Sec. 2-149. Administrative fines; cost of repairs; contestes; liens; money judgments.
Sec. 2-150. Duration of lien.
Sec. 2-151. Appeal.
Supp. No. 41 156
ADMINISTRATION
Secs. 2-152-2-160. Reserved.
Division 3. Nuisance Control Board
Sec. 2-161. Created.
Sec. 2-162. Membership.
Sec. 2-163-2-166. Reserved.
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
Sec. 2-168. Permanent injunctions.
Sec. 2-169. Restrictions.
Secs. 2-170-2-225. Reserved.
Article VI. Employee Benefits
Division 1. Generally
Secs. 2-226-2-240. Reserved.
Division 2. Old -Age and Survivors Insurance
Sec. 2-241. Statement of policy.
Sec. 2-242. Execution of agreements by mayor -commissioner.
Sec. 2-243. Withholdings from wages.
Sec. 2-244. Appropriations and payment of contributions by city.
Sec. 2-245. Records and reports.
Sec. 2-246. Exclusions.
Sec. 2-247. Acceptance of Social Security Act.
Sec. 2-248. Designation of custodian of funds and withholding and reporting agent.
Secs. 2-249-2-260. Reserved.
Division 3. General Employees' Retirement System
Sec. 2-261. Definitions.
Sec. 2-262. Membership.
Sec. 2-263. Board of trustees.
Sec. 2-264. Finances and fund management.
Sec. 2-265. Contributions.
Sec. 2-266. Benefit amounts and eligibility.
Sec. 2-267. Pre -retirement death.
Sec. 2-268. Disability.
Sec. 2-269. Vesting.
Sec. 2-270. Optional forms of benefits.
Sec. 2-271. Beneficiaries.
Sec. 2-272. Claims procedures.
Sec. 2-273. Roster of retirees.
Sec. 2-274. Maximum pension.
Sec. 2-275. Minimum distribution of benefits.
Sec. 2-276. Miscellaneous provisions.
Sec. 2-277. Domestic relations orders; retiree directed payments; exemption from execu-
tion, non -assignability.
Sec. 2-278. Pension validity.
Supp. No. 41 157
ATLANTIC BEACH CODE
Sec. 2-279. Forfeiture of pension.
Sec. 2-280. Indemnification.
Sec. 2-281. Direct transfers of eligible rollover distributions.
Sec. 2-282. Family and Medical Leave Act.
Sec. 2-283. Military service prior to employment.
Sec. 2-284. Prior government service.
Sec. 2-285. Reemployment after retirement.
Sec. 2-286. Deferred retirement option plan.
Secs. 2-287-2-299. Reserved.
Division 4. Police Officers' Retirement System
Sec. 2-300. Definitions.
Sec. 2-301. Membership.
Sec. 2-302. Board of trustees.
Sec. 2-303. Finances and fund management.
Sec. 2-304. Contributions.
Sec. 2-305. Benefit amounts and eligibility.
Sec. 2-306. Pre -retirement death.
Sec. 2-307. Disability.
Sec. 2-308. Vesting.
Sec. 2-309. Optional forms of benefits.
Sec. 2-310. Beneficiaries.
Sec. 2-310.1. Claims procedures.
Sec. 2-310.2. Reports to division of retirement.
Sec. 2-310.3. Roster of retirees.
Sec. 2-310.4. Maximum pension.
Sec. 2-310.5. Minimum distribution of benefits.
Sec. 2-310.6. Miscellaneous provisions.
Sec. 2-310.7. Repeal or termination of system.
Sec. 2-310.8. Domestic relations orders; retiree directed payments; exemption from execu-
tion, non -assignability.
Sec. 2-310.9. Pension validity.
Sec. 2-310.10. Forfeiture of pension.
Sec. 2-310.11. Conviction and forfeiture; false, misleading or fraudulent statements.
Sec. 2-310.12. Indemnification.
Sec. 2-310.13. Direct transfers of eligible rollover distributions.
Sec. 2-310.14. Family and Medical Leave Act.
Sec. 2-310.15. Military service prior to employment.
Sec. 2-310.16. Prior police service.
Sec. 2-310.17. Reemployment after retirement.
Sec. 2-310.18. Deferred retirement option plan.
Sec. 2-310.19. Reserved.
Division 5. Defined Contribution Plan
Sec. 2-310.20. Eligibility and membership requirements.
Sec. 2-310.21. Plan year.
Sec. 2-310.22. Normal retirement age.
Sec. 2-310.23. Variable employer match of voluntary participant contributions.
Sec. 2-310.24. Contribution provisions.
Supp. No. 41 158
ADMINISTRATION
Sec. 2-310.25. Earnings.
Sec. 2-310.26. Vesting provisions.
Sec. 2-310.27. Withdraws and loans.
Sec. 2-310.28. Spousal protection.
Sec. 2-310.29. Administrative provisions.
Article VII. Finance
Division 1. Generally
Sec. 2-311. Fiscal year.
Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision.
Sec. 2-313. Transfers of appropriations.
Sec. 2-314. When contracts and expenditures prohibited.
Sec. 2-315. Encumbrances.
Sec. 2-316. Fees shall be paid to city government.
Sec. 2-317. Dishonored checks.
Secs. 2-318-2-330. Reserved.
Division 2. Purchasing
Sec. 2-331. Bids -When required.
Sec. 2-332. Same -Notices inviting.
Sec. 2-333. Same -Deposits or bonds.
Sec. 2-334. Same -Opening procedure.
Sec. 2-335. Same -Award of contract.
Sec. 2-336. Same -Exceptions.
Sec. 2-337. Open market procedures.
Sec. 2-338. Scope of purchasing authority.
Sec. 2-339. Payments.
Secs. 2-340-2-355. Reserved.
Division 3. Uniform Travel Policy and Procedure
Sec. 2-356. Definitions.
Sec. 2-357. Authority to incur travel and business expenses.
Sec. 2-358. Funding.
Sec. 2-359. Expense forms and regulations.
Sec. 2-360. Schedule for meal allowance and accommodations.
Sec. 2-361. Subsistence.
Sec. 2-362. Transportation.
Sec. 2-363. Authorized travel.
Sec. 2-364. Reimbursable incidental expenses.
Sec. 2-365. Auditing.
Sec. 2-366. Fraudulent claims.
Supp. No. 41 158.1
ATLANTIC BEACH CODE
Division 4. Service and User Charges
Sec. 2-367. Authorization.
Sec. 2-368. Fees and charges.
Secs. 2-369-2-399. Reserved.
Article VIII. Emergency Management
Division 1. Generally
Sec. 2-400. Overcharging prohibited.
Division 2. Comprehensive Emergency Management Plan
Sec. 2-401. Legislative administrative intent and findings/adoption of comprehensive
emergency management plan.
Sec. 2-402. Definition of emergency.
Sec. 2-403. Authority to declare states of local emergency.
Sec. 2-404. Proclamation; term.
Sec. 2-405. Emergency management plans; proclamation to activate.
Sec. 2-406. Effect and purpose of state of local emergency.
Sec. 2-407. Limit of authority.
Sec. 2-408. Administrative rules.
Sec. 2-409. Violation; penalties.
Supp. No. 41 158.2
ADMINISTRATION § 2-1
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,
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.
Supp. No. 41 158.3
§ 2-2 ATLANTIC BEACH CODE
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.
(2) The cultural arts and recreational advisory committee will make recommendations on
any such requests to the city commission, who will then make the final decision on
funding the request.
(3) Any request for contributions which are not artistic, recreational, or cultural in nature
shall be submitted directly to the city commission for consideration.
(Ord. No. 95-91-50, § 1, 10-28-91; Ord. No. 05-02-37, § 1, 7-8-02)
Editor's note—Ord. No. 95-91-50, § 1, adopted Oct. 28, 1991, amended the Code by adding
§ 1-5(b). For purposes of classification, § 1-5(b) has been codified as § 2-2 at the discretion of
the editor.
Secs. 2-3-2-15. Reserved.
ARTICLE II. CITY COMMISSION*
Sec. 2-16. Time and place of regular meetings.
The regular meetings of the city commission shall be held on the second and fourth Mondays
of each month, except December, in city hall, at 6:30 p.m. If the second or fourth Monday falls
on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday.
In the month of December, the regular meeting shall be held on the second Monday of the
month.
(Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83; Ord. No. 5-08-48, § 1, 2-25-08; Ord. No.
5-12-55, § 1, 1-9-12; Ord. No. 5-13-58, § 1, 4-8-13; Ord. No. 5-14-61, § 1, 9-8-14)
Editor's note—Section 1 of Ord. No. 5-14-61, adopted Sept. 8, 2014, changed the title of
§ 2-16 from "Time and place of regular meetings and scheduled workshops" to read as herein
set out.
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. 41 158.4
ADMINISTRATION § 2-19
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. 41 158.5
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. 41 185
§ 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. 41 186
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. Notwithstanding the previous sentence, if a member is terminated by the city for
medical reasons, the terminated person may apply for a disability benefit if the application is
filed with the board within ninety (90) days from the date of termination. If a timely
application is received, it shall be processed and the terminated person shall be eligible to
receive a disability benefit if the board otherwise determines that he is totally and perma-
nently disabled as provided for above.
(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.
Supp. No. 41 187
§ 2-268 ATLANTIC BEACH CODE
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
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
uisabiiiiy 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; Ord. No. 58-14-38, § 1, 8-11-14)
Supp. No. 41 188
ADMINISTRATION § 2-270
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
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)
Supp. No. 41 188.1
§ 2-270 ATLANTIC BEACH CODE
(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 2-286, 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 Gfmember's death, and vv iii have the trowel Lo 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
member may thereafter change his designated beneficiary at any time, 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
Supp. No. 41 188.2
ADMINISTRATION § 2-270
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.
(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
Supp. No. 41 188.3
§ 2-270 ATLANTIC BEACH CODE
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)
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
Supp. No. 41 188.4
ADMINISTRATION § 2-274
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)
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.
For purposes of code section 415(b), the "annual benefit" means a benefit payable annually
in the form of a straight life annuity (with no ancillary benefits) without regard to the benefit
attributable to after-tax employee contributions (except pursuant to code section 415(n) and to
rollover contributions (as defined in code section 415(b)(2)(A)). The "benefit attributable" shall
be determined in accordance with Treasury Regulations.
(b) Adjustments to basic limitation for form of benefit. If the benefit under the plan is other
than the annual benefit described in subsection (a), then the benefit shall be adjusted so that
it is the equivalent of the annual benefit, using factors prescribed in Treasury Regulations. If
the form of the benefit without regard to any automatic benefit increase feature is not a
straight life annuity or a qualified joint and survivor annuity, then the preceding sentence is
applied by either reducing the code section 415(b) limit applicable at the annuity starting date
or adjusting the form of benefit to an actuarially equivalent amount (determined using the
assumptions specified in Treasury Regulation section 1.415(b)-1(c)(2)(ii)) that takes into
account the additional benefits under the form of benefit as follows:
(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
Supp. No. 41 188.5
§ 2-274 ATLANTIC BEACH CODE
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-
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.
(3) The actuary may adjust the [section] 415(b) limit at the annuity starting date in
accordance with subsections (1) and (2) above.
Supp. No. 41 188.6
ADMINISTRATION § 2-274
(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); and
(3) That portion of any joint and survivor annuity that constitutes a qualified joint and
survivor annuity.
(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 limitation year of benefit payments without regard to any automatic
cost of living adjustments;
(2) Thereafter, in any subsequent limitation 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 limitation 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
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 preretirement death benefits paid
pursuant to section 2-267.
Supp. No. 41 188.7
§ 2-274 ATLANTIC BEACH CODE
(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. The maximum retirement benefits payable
under this section to any member who has completed less than ten (10) years of participation
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 participation 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 preretire-
ment disability benefits paid pursuant to section 2-268, or preretirement 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
defined benefit pension plans to which the city contributes, do not exceed ten thousand dollars
($10,000.00) for the applicable limitation year and for any prior limitation 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) of section 2-274 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.
Supp. No. 41 188.8
ADMINISTRATION § 2-274
(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).
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 ,
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.
(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 begin-
ning 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.
(k) Contribution limits.
(1) For purposes of applying the code section 415(c) limits which are incorporated by
reference and for purposes of this subsection (k), only and for no other purpose, the
definition of compensation where applicable will be compensation actually paid or
made available during a limitation 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
Supp. No. 41 188.9
§ 2-274 ATLANTIC BEACH CODE
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 limitation 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 limitation 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 limitation 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 limitation 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.
(2) 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 (k)(2)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.
Supp. No. 41 188.10
ADMINISTRATION § 2-275
(3) If the annual additions for any member for a limitation 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).
(4) For limitation years beginning on or after January 1, 2009, a member's compensation
for purposes of this subsection (k) shall not exceed the annual limit under section
401(a)(17) of the code.
(1) 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; Ord. No. 58-14-38, § 2, 8-11-14)
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. 41 188.10.1
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. 41 188.41
§ 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
-directly- caused by the fo_..___ c dulywasofhis ab a police U1111U1, Skill, upon t'S1,a1J115111i1g
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. Notwithstanding the previous sentence, if a
member is terminated by the city for medical reasons, the terminated person may apply for a
disability benefit if the application is filed with the board within thirty (30) days from the date
of termination. If a timely application is received, it shall be processed and the terminated
person shall be eligible to receive a disability benefit if the board otherwise determines that he
is totally and permanently disabled as provided for above.
(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
Supp. No. 41 188.42
ADMINISTRATION § 2-307
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.
(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
Supp. No. 41 188.43
§ 2-307 ATLANTIC BEACH CODE
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.
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 co .gu1ation 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 him
to have engaged in such unsafe sexual practices or other high-risk
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
Supp. No. 41 188.44
ADMINISTRATION § 2-307
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
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. Notwithstanding the previous sentence, if a member is terminated by
the city for medical reasons, the terminated person may apply for a disability benefit if the
Supp. No. 41 188.45
§ 2-307 ATLANTIC BEACH CODE
application is filed with the board within thirty (30) days from the date of termination. If a
timely application is received, it shall be processed and the terminated person shall be eligible
to receive a disability benefit if the board otherwise determines that he is totally and
permanently disabled as provided for above.
(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.
(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 boaid to tubi lit tiVV0111 statements of ills Londitioil accompanied by a physician's sLaLeinent
(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 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 police officer,
his service will be deemed to have been continuous, but the period beginning with the first
Supp. No. 41 188.46
ADMINISTRATION § 2-308
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
retroactively to the date of application or the last day 011 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; Ord. No. 58-14-39, § 1, 8-11-14)
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
Supp. No. 41 188.47
§ 2-308 ATLANTIC BEACH CODE
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)
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.
Supp. No. 41 188.48
ADMINISTRATION § 2-309
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.
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-
Supp. No. 41 188.49
§ 2-309 ATLANTIC BEACH CODE
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 2-310.
(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 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. 58-13-36, § 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.
Supp. No. 41 188.50
ADMINISTRATION § 2-310.4
(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. 58-13-36, § 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
Supp. No. 41 188.51
§ 2-310.4 ATLANTIC BEACH CODE
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.
For purposes of code section 415(b), the "annual benefit" means a benefit payable annually
in the form of a straight life annuity (with no ancillary benefits) without regard to the benefit
attributable to after-tax employee contributions (except pursuant to code section 415(n) and to
rollover contributions (as defined in code section 415(b)(2)(A)). The "benefit attributable" shall
be determined in accordance with Treasury Regulations.
(b) Adjustments to basic limitation for form of benefit. If the benefit under the plan is other
than the annual benefit described in subsection (a), then the benefit shall be adjusted so that
it is the equivalent of the annual benefit, using factors prescribed in Treasury Regulations. If
the form of the benefit without regard to any automatic benefit increase feature is not a
straight life annuity or a qualified joint and survivor annuity, then the preceding sentence is
applied by either reducing the code section 415(b) limit applicable at the annuity starting date
or adjusting the form of benefit to an actuarially equivalent amount (determined using the
assumptions specified in Treasury Regulation section 1.415(b)-1(c)(2)(ii)) that takes into
account the additional benefits under the form of benefit as follows:
(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;
Supp. No. 41 188.52
ADMINISTRATION § 2-310.4
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
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 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.
(3) The actuary may adjust the [section] 415(b) limit at the annuity starting date in
accordance with subsections (1) and (2) above.
(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); and
(3) That portion of any joint and survivor annuity that constitutes a qualified joint and
survivor annuity.
(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 limitation year of benefit payments without regard to any automatic
cost of living adjustments;
Supp. No. 41 188.53
§ 2-310.4 ATLANTIC BEACH CODE
(2) Thereafter, in any subsequent limitation 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 limitation 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
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.
The reductions provided for in [subsection] (o)(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. The maximum retirement benefits payable
under this section to any member who has completed less than ten (10) years of participation
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 participation 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.
Supp. No. 41 188.54
ADMINISTRATION § 2-310.4
(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) of section 2-310.4 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 limitation year and for any prior limitation 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) of section 2-310.4 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 2-310.15
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).
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,
Supp. No. 41 188.55
§ 2-310.4 ATLANTIC BEACH CODE
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 e.
(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 begin-
ning 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.
(k) Contribution limits.
(1) For purposes of applying the code section 415(c) limits which are incorporated by
reference and for purposes of this subsection (k), only and for 110 other purpose, the
definition of compensation where applicable will be compensation actually paid or
made available during a limitation 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 limitation 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 limitation 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 limitation year will also include compensation paid by the later of two and
Supp. No. 41 188.56
ADMINISTRATION § 2-310.4
one-half (21/2) months after an employee's severance from employment or the end
of the limitation 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.
(2) 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 (k)(2)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.
(3) If the annual additions for any member for a limitation 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).
(4) For limitation years beginning on or after January 1, 2009, a member's compensation
for purposes of this subsection (k) shall not exceed the annual limit under section
401(a)(17) of the code.
(1) 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
Supp. No. 41 188.57
§ 2-310.4 ATLANTIC BEACH CODE
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; Ord. No. 58-14-39, § 2, 8-11-14)
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
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,
Supp. No. 41 188.58
ADMINISTRATION § 2-310.5
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
(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. 41 188.58.1
Chapter 9
HUMAN RELATIONS*
Article I. In General
Sec. 9-1. Purpose.
Sec. 9-2. Definitions.
Sec. 9-3. Prohibited conduct.
Sec. 9-4. Complaints.
Sec. 9-5. Exemptions.
Sec. 9-6. Criminal acts.
Sec. 9-7. False claims.
Secs. 9-8-9-16. Reserved.
Article II. Fair Housing
Sec. 9-17. Prohibited conduct.
Sec. 9-18. Multiple listing services.
Sec. 9-19. Educational activities.
Sec. 9-20. Complaints.
Sec. 9-21. Use of remedies of this article, other remedies.
Sec. 9-22. Discrimination in the financing of housing.
Sec. 9-23. Exemptions.
Sec. 9-24. Interference, coercion, or intimidation; enforcement by civil action.
*Editor's note—Section 1 of Ord. No. 95-14-108, adopted Aug. 11, 2014, amended ch. 9 in
its entirety to read as herein set out. Former ch. 9, §§ 9-16-9-25, pertained to similar subject
matter, and derived from Ord. No. 95-80-20, §§ I—VII, adopted Nov. 10, 1980.
State law references—Florida human relations, F.S. § 13.201 et seq.; civil rights, F.S. Ch.
760.
Supp. No. 41 577
HUMAN RELATIONS § 9-2
ARTICLE I. IN GENERAL
Sec. 9-1. Purpose.
To promote a city where individuals are free from discrimination based upon race, color,
religion, sex, national origin, sexual orientation, gender identity or gender expression.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-2. Definitions.
Whenever used in this chapter, the following words and terms shall have the following
meanings unless the context necessarily requires otherwise:
Aggrieved individual shall mean any individual who claims to have been injured by a
discriminatory practice.
Discriminatory practice shall mean any practice or act made unlawful or which is otherwise
prohibited by this chapter.
Dwelling shall mean any building, structure, or portion thereof which is occupied as, or
designed or intended for occupancy as, a residence by one (1) or more families, and any vacant
land which is offered for sale or lease for the construction or location of any such building,
structure or portion thereof.
Family shall include a single individual.
Gender expression shall mean an individual's gender -related appearance and behavior,
whether or not that gender expression is or is perceived to be different from that traditionally
associated with the individual's assigned sex at birth.
Gender identity shall mean an individual's gender -related identity, whether or not that
identity is or is perceived to be different from that traditionally associated with the sex
assigned to that individual at birth.
National origin shall mean the national origin of an ancestor or the country of origin of an
individual's forebears, naturally, by marriage or by adoption.
Person shall include one (1) or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint-stock companies, trust,
unincorporated organizations, trustees in bankruptcy, receivers, and fiduciaries.
Places of public accommodation shall mean any establishment, service, place or building
which offers, sells, or otherwise makes available to the public any good, service, facility,
privilege or advantage. The following shall not be considered places of public accommodation:
private clubs or establishments not open to the public other than members of the club or
establishment, and facilities and accommodations owned or operated by religious organiza-
tions, associations, societies, or non-profit organizations operating or controlled by a religious
organization, where the facilities and accommodations are made available to members of that
religion but not to the public.
Supp. No. 41 579
§ 9-2 ATLANTIC BEACH CODE
Religious organization shall include a religious corporation, association or society.
To rent shall include to lease, to sublease, to let and otherwise to grant for a consideration
the right to occupy premises not owned by the occupant.
Sexual orientation means an individual's actual or perceived heterosexuality, homosexuality
or bisexuality.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-3. Prohibited conduct.
Subject to the exceptions set out in this article, it shall be unlawful for any person to do any
of the following acts:
(1) No person or employment agency shall directly or indirectly discriminate against any
individual in hiring, classification, grading, discharge, discipline, compensation or
other term or condition of employment because of the individual's race, color, religion,
sex, national origin, sexual orientation, gender identity or gender expression.
(2) No person shall discriminate against any individual in any aspect of any credit
transaction, or in any terms and conditions of bonding because of the individual's race,
color, religion, sex, national origin, sexual orientation, gender identity or gender
expression.
(3) No person who owns, leases, rents, operates, manages or in any manner controls a
public accommodation shall withhold, deny, curtail, limit or discriminate concerning
the full use of such public accommodation by any individual because of the individual's
race, color, religion, sex, national origin, sexual orientation, gender identity or gender
expression.
(4) It shall be unlawful for a person to retaliate or discriminate in any manner against an
individual because such individual opposed a practice prohibited by this chapter or
prohibited by existing federal or state law prohibiting discrimination; or to retaliate or
discriminate in any manner against an individual because such individual has filed a
complaint, testified, assisted or participated in any manner in any investigation,
proceeding, hearing or conference under this chapter or under any federal or state law
prohibiting discrimination.
(5) It shall be unlawful to coerce, intimidate, threaten or interfere with any individual in
the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or
on account of his or her having aided or encouraged any other individual in the exercise
or enjoyment of, any right granted or protected by this chapter.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-4. Complaints.
(a) An aggrieved individual may, under this article, file a complaint with the city clerk and
request a hearing before a special magistrate within sixty (60) days to determine if the alleged
person committed a discriminatory practice prohibited by this article. If the special magistrate
Supp. No. 41 580
HUMAN RELATIONS § 9-5
finds that a discriminatory practice has been committed or is about to be committed, the
special magistrate may issue an order prohibiting the discriminatory practice and providing
affirmative relief from the effects of the discriminatory practice including, but not limited to,
a temporary or permanent injunction or other equitable relief, a temporary restraining order,
or an award of actual damages, including back pay, punitive damages, an award of reasonable
attorney's fees, interest, and costs, or other such relief as the special magistrate deems
appropriate.
(b) Either party may appeal the decision of the special magistrate by commencing a civil
action in a court of competent jurisdiction provided, however, that such civil action must be
filed no later than one (1) year after the discriminatory practice is alleged to have been
committed.
(c) If, in a civil action commenced under this article, the court finds that a discriminatory
practice has been committed or is about to be committed, the court may issue an order
prohibiting the discriminatory practice and providing affirmative relief from the effects of the
discriminatory practice including, but not limited to, a temporary or permanent injunction or
other equitable relief, a temporary restraining order, an award of actual damages, including
back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or
other such relief as the court deems appropriate.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-5. Exemptions.
Nothing in sections 9-1 through 9-4 shall apply to:
(1) Sovereign immunity.
a. Pursuant to article X, section 13, Florida Constitution, nothing in this chapter
shall be deemed to be a provision for bringing suit against the state or otherwise
be deemed to be a waiver of sovereign immunity.
b. Nothing in this chapter shall be construed to prohibit any sovereignly immune
entity from adopting its own internal policies and rules to prohibit discriminatory
practices and acts and to resolve allegations or complaints of such discriminatory
practices and acts to the extent allowed by law.
c. Nothing in this chapter shall be deemed to modify, impair, or otherwise affect any
other right or remedy conferred by the constitution or laws of the United States
or the State of Florida, and the provisions of this chapter shall be deemed to be
in addition to those provided by such other laws.
(2) Religious organizations. This article shall not apply to a corporation, association,
educational institution, or society that is exempt from the religious discrimination
provisions of title VII of the Civil Rights Acts of 1964 pursuant to section 702(a) of such
Act (42 U.S.C. 2000e -1(a)), or as such section may hereafter be amended. For purposes
of this chapter, such corporations, associations, educational institutions, or societies
shall include religious corporations, associations, educational institutions, or societies
Supp. No. 41 581
§ 9-5 ATLANTIC BEACH CODE
which condition opportunities in the area of employment to members of that religious
corporation, association, educational institution, or society or to persons who subscribe
to its tenants or beliefs.
(3) Employers. Notwithstanding any other provision of this article, it shall not be a
discriminatory practice under this article to take or fail to take any action based upon
the individual's race, color, religion, sex, national origin, sexual orientation, gender
identity or gender expression when a bona fide occupational qualification is reasonably
necessary for the performance of employment to which such action or inaction is
related. Employers are able to observe the terms of a bona fide seniority system, a bona
fide employee benefit plan such as a retirement, pension, or insurance plan, or a
system which measures earnings by quantity or quality of production, which is not
designed, intended, or used to evade the purposes of this article. This article shall not
be construed to make unlawful the rejection or termination of employment when the
individual applicant or employee has failed to meet bona fide requirements for the job
or position sought or held, nor shall this article preclude such physical and medical
examinations of applicants and employees as an employer may require of applicants
and employees to determine fitness for the job or position sought or held.
(4) Businesses. This article shall not apply to a corporation, professional association or
business that employs fifteen (15) employees or less.
(5) Rentals. This article shall not apply to rooms or units in dwellings containing living
quarters occupied or intended to be occupied by no more than four (4) families living
independently of each other, if the owner actually maintains and occupies one (1) of
such living quarters as his residence.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-6. Criminal acts.
Nothing in this article may be asserted or construed as a defense to any criminal act,
prohibited by local, state or federal laws.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-7. False claims.
If a court of competent jurisdiction finds that an unsupported claim was filed by an
individual claiming to be an aggrieved party, the party required to defend against the meritless
claim shall be entitled to attorney's fees and sanctions pursuant to F.S. § 57.105.
(Ord. No. 95-14-108, § 1, 8-11-14)
Secs. 9-8-9-16. Reserved.
Supp. No. 41 582
HUMAN RELATIONS § 9-19
ARTICLE II. FAIR HOUSING
Sec. 9-17. Prohibited conduct.
Subject to the exceptions set out in this article, it shall be unlawful for any person to do any
of the following acts:
(1) To refuse to sell or rent after the making of a bona fide offer to do so or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to
any person because of race, color, sex, religion, national origin, sexual orientation,
gender identity or gender expression.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or
rental of a dwelling, or in the provisions of services or facilities in connection
therewith, because of race, color, sex, religion, national origin, sexual orientation,
gender identity or gender expression.
(3) To make, print or publish, or cause to be made, printed or published any notice,
statement or advertisement with respect to the sale or rental of a dwelling that
indicates any preference, limitation or discrimination based on race, color, sex,
religion, national origin, sexual orientation, gender identity or gender expression or an
intention to make any such preference, limitation or discrimination.
(4) To represent to any person because of race, color, sex, religion, national origin, sexual
orientation, gender identity or gender expression that any dwelling is not available for
inspection, sale or rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood of a
person or persons of a particular race, color, sex, religion, national origin, sexual
orientation, gender identity or gender expression.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-18. Multiple listing services.
It shall be unlawful to deny any person access to or membership or participation in any
multiple listing service, real estate brokers organization, or other service, organization or
facility relating to the business of selling or renting dwellings, or to discriminate against him
in the terms or conditions of such access, membership or participation on account of race, color,
sex, religion, national origin, sexual orientation, gender identity or gender expression.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-19. Educational activities.
The city manager is authorized and directed to undertake such educational and conciliatory
activities as in his judgment will further the purposes of this article. He may call conferences
of persons in the housing industry and other interested parties to acquaint them with the
provisions hereof and the suggested means of implementing this article. The city manager
Supp. No. 41 583
§ 9-19 ATLANTIC BEACH CODE
shall further endeavor, with the advice of the housing industry and other interested parties, to
work out programs of voluntary compliance and may advise appropriate city officials on
matters of enforcement. The city manager may issue reports on such conferences and
consultation as it deems appropriate.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-20. Complaints.
(a) An aggrieved individual may, under this article, file a complaint with the city clerk and
request a hearing before a special magistrate within sixty (60) days to determine if the alleged
person committed a discriminatory practice prohibited by this article. If the special magistrate
finds that a discriminatory practice has been committed or is about to be committed, the
special magistrate may issue an order prohibiting the discriminatory practice and providing
affirmative relief from the effects of the discriminatory practice including, but not limited to,
a temporary or permanent injunction or other equitable relief, a temporary restraining order,
or an award of actual damages, including back pay, punitive damages, an award of reasonable
attorney's fees, interest, and costs, or other such relief as the special magistrate deems
appropriate.
(b) Either party may appeal the decision of the special magistrate by commencing a civil
action in a court of competent jurisdiction provided, however, that such civil action must be
filed no later than one (1) year after the discriminatory practice is alleged to have been
committed.
(c) If, in a civil action commenced under this article, the court finds that a discriminatory
practice has been committed or is about to be committed, the court may issue an order
prohibiting the discriminatory practice and providing affirmative relief from the effects of the
discriminatory practice including, but not limited to, a temporary or permanent injunction or
other equitable relief, a temporary restraining order, an award of actual damages, including
back pay, punitive damages, an award of reasonable attorney's fees, interest, and costs, or
other such relief as the court deems appropriate.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-21. Use of remedies of this article, other remedies.
Nothing in this article requires any person claiming to have been injured by an act made
unlawful by this article to exhaust the remedies provided herein; nor prevent any such person
from seeking relief at any time under the Federal Civil Rights Acts or other applicable legal
provisions.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-22. Discrimination in the financing of housing.
It is unlawful for any bank, building and loan association, insurance company, or other
corporation, association, firm, or enterprise the business of which consists in whole or in part
of the making of commercial real estate loans to deny a loan or other financial assistance to a
Supp. No. 41 584
HUMAN RELATIONS § 9-23
person applying therefor for the purpose of purchasing, constructing, improving, repairing, or
maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest
rate, duration, or other terms or conditions of such loan or other financial assistance, because
of the race, color, religion, sex, or national origin of the person or of any person associated with
him in connection with the loan or other financial assistance or the purposes of the loan or
other financial assistance, or because of the race, color, sex, religion, national origin, sexual
orientation, gender identity or gender expression of the present or prospective owners, lessees,
tenants, or occupants of the dwelling or dwellings in relation to which the loan or other
financial assistance is to be made or given.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-23. Exemptions.
Nothing in sections 9-17 and 9-22 shall apply to:
(1) Any single-family house sold or rented by its owner, provided the private individual
owner does not own more than four (4) single-family houses at any one (1) time. In the
case of the sale of a single-family house by a private individual owner who does not
reside in the house at the time of the sale or who was not the most recent resident of
the house prior to the sale, the exemption granted by this paragraph shall apply only
with respect to one (1) sale within any twenty -four-month period. In addition, the bona
fide private individual owner shall not own any interest in, nor shall there be owned
or reserved on his behalf, under any express or voluntary agreement, title to or any
right to all or a portion of the proceeds from the sale or rental of, more than four (4)
single-family houses at any one (1) time. The sale or rental of any single-family house
shall be excepted from the application of this article only if the house is sold or rented:
a. Without the use in any manner of the sales or rental facilities or the sales or
rental services of any real estate broker, agent, or salesman or the facilities or
services of any person in the business of selling or renting dwellings, or of any
employee or agent of the broker, agent, salesman, or person; and
b. Without the publication, posting, or mailing, after notice, of any advertisement or
written notice in violation of subsection 9-17(3). Nothing in this provision shall
prohibit the use of attorneys, escrow agents, abstractors, title companies, and
other such professional assistance as is necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be
occupied by no more than four (4) families living independently of each other, if the
owner actually maintains and occupies one (1) of such living quarters as his residence.
(3) For the purposes of this article, a person is deemed to be in the business of selling or
renting dwellings if:
a. He has, within the preceding twelve (12) months, participated as principal in
three (3) or more transactions involving the sale or rental of any dwelling or any
interest therein;
Supp. No. 41 585
§ 9-23 ATLANTIC BEACH CODE
b. He has, within the preceding twelve (12) months, participated as agent, other
than in the sale of his own personal residence, in providing sales or rental
facilities or sales or rental services in two (2) or more transactions involving the
sale or rental of any dwelling or any interest therein; or
c. He is the owner of any dwelling designed or intended for occupancy by, or
occupied by, five (5) or more families
(4) Nothing in this article shall prohibit a religious organization, association, or society, or
any nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society, from limiting the sale,
rental, or occupancy of any dwelling which it owns or operates for other than a
commercial purpose to persons of the same religion or from giving preference to such
persons, unless membership in such religion in restricted on account of race, color, or
national origin. Nothing in this article shall prohibit a private club not in fact open to
the public, which as an incident to its primary purpose or purposes provides lodgings
which it owns or operates for other than a commercial purpose, from limiting the
rental or occupancy of such lodgings to its members or from giving preference to its
members.
(Ord. No. 95-14-108, § 1, 8-11-14)
Sec. 9-24. Interference, coercion, or intimidation; enforcement by civil action.
It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of,
or on account of his having exercised, or on account of his having aided or encouraged any other
person in the exercise of any right granted under this article. This section may be enforced by
appropriate civil action.
(Ord. No. 95-14-108, § 1, 8-11-14)
Supp. No. 41 586
[The next page is 631]
Chapter 21
TRAFFIC AND MOTOR VEHICLES*
Article I. In General
Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform
Traffic Control Devices.
Sec. 21-2. Permit required for parades and processions.
Secs. 21-3-21-15. Reserved.
Article II. Stopping, Standing and Parking
Division 1. Generally
Sec. 21-16. Manner of parking.
Sec. 21-17. Prohibited in specific areas.
Sec. 21-18. Obstructing traffic.
Sec. 21-19. Compliance with signs prohibiting parking required.
Sec. 21-20. Parking limitations.
Sec. 21-21. Parking for certain purposes prohibited.
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
Sec. 21-23. Parking in the right-of-way.
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful;
exception; nuisance declared.
Sec. 21-25. Removing and impounding.
Sec. 21-26. Same—Towage and storage charges.
Secs. 21-27-21-35. Reserved.
Division 2. Enforcement
Sec. 21-36. Issuance of citations.
Sec. 21-37. Form of citations.
Sec. 21-38. Schedule of fines.
Sec. 21-39. Payment of parking fines.
Sec. 21-40. Disposition of money collected as fines.
Sec. 21-41. Presumption of motor vehicle ownership.
Secs. 21-42-21-49. Reserved.
Article III. Wrecker Service
Sec. 21-50. Establishment of rotating wrecker call list.
*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.
Supp. No. 41 1221
ATLANTIC BEACH CODE
Sec. 21-51. Charges for towing and storage.
Sec. 21-52. Wreckers to be equipped at all times.
Sec. 21-53. Liability insurance.
Sec. 21-54. Repairing vehicles without authorization prohibited.
Secs. 21-55-21-59. Reserved.
Article IV. Motor Vehicle Title Loans
Sec. 21-60. Definitions.
Sec. 21-61. Motor vehicle title loan transactions.
Sec. 21-62. Maximum interest rate.
Sec. 21-63. Transaction satisfaction and default.
Sec. 21-64. Title loan lending license.
Sec. 21-65. Violations and penalties.
Sec. 21-66. Transition period for regulations, restrictions and licensure provisions.
Secs. 21-67-21-74. Reserved.
Article V. Vehicles for Hire
Sec. 21-75. Definitions.
Sec. 21-76. Classification of vehicles for hire.
Sec. 21-77. Manner of advertising
Sec. 21-78. Printed matter appearing on a vehicle for hire, (except limousines); certain
information required; advertising regulated.
Sec. 21-79. Inspection of vehicles.
Sec. 21-80. Equipment and safety requirements for vehicles for hire.
Sec. 21-81. Meters required for taxicabs.
Sec. 21-82. Drivers of vehicles for hire.
Sec. 21-83. Engaging in criminal activity.
Sec. 21-84. Rates and charges.
Sec. 21-8b. Citations authorized; penalties provided.
Supp. No. 41 1222
TRAFFIC AND MOTOR VEHICLES § 21-16
ARTICLE I. IN GENERAL*
Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on
Uniform Traffic Control Devices.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being
Chapter 316, Florida Statutes, as may be amended, which law shall be in full force and effect
within the City as if fully set forth herein, and shall be considered as part of this Chapter. Also
adopted by reference and considered as part of this Chapter is the Manual on Uniform Traffic
Control Devices (MUTCD) for Streets and Highways, as published and amended by the
Federal Highway Administration.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-2. Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any street or roadway except
in accordance with a permit issued by the city manager and such other regulations as are set
forth within this Code, which may apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-3-21-15. Reserved.
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.
*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.
!'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. 41 1223
§ 2146 ATLANTIC BEACH CODE
(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.
Sec. 21-17. Prohibited in specific areas.
No person shall stop, stand or park a vehicle, in any of the following places or as restricted
by the following provisions, except when necessary to avoid conflict with other traffic, or when
complying with the directions of a police officer or an official traffic -control device.
(a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk
or any part of the sidewalk area;
(b) On any city right-of-way within seven (7) feet of a public driveway, or private driveway
upon complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by
a zone or devices established in the area;
(g) Along side or opposite any street excavation or obstruction when the stopping,
standing or parking could obstruct traffic, and any place where any official sign
prohibits stopping or parking, and any parking place specifically designated and
marked for the disabled unless the vehicle displays a parking permit as required by
state law.
(1) A person who is chauffeuring a disabled person shall be allowed, without need for
an identification parking permit, momentary parking in the parking space for the
purpose of loading or unloading a disabled person, and no penalty shall be
imposed upon the driver for this monetary parking.
(2) A person convicted of violating these provisions regarding parking spaces
designated for disabled persons shall be punished by a fine of two hundred fifty
dollars ($250.00).
Supp. No. 41 1224
TRAFFIC AND MOTOR VEHICLES § 21-20
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as
authorized by the city, shall be parked overnight in any public park or public open
space, on any property occupied by a government use, or in any other location posted
by the city to prohibit overnight parking.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
State law reference—Similar provisions, F.S. § 316.1945.
Sec. 21-18. Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such
conditions as to leave available less than ten (10) feet of a roadway for free movement of
vehicular traffic, except a driver may stop temporarily during the actual loading or unloading
of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or
a police officer.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-19. Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking,
no person shall park a vehicle in such a designated place.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-20. Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle for
longer than the respective times set forth in any schedule applicable thereto promulgated and
adopted by the city manager.
(Ord. No. 75-04-16, § 1, 9-13-04)
Supp. No. 41 1225
§ 21-21 ATLANTIC BEACH CODE
Sec. 21-21. Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the principal
purpose of:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs
necessitated by an emergency.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand
(10,000) pounds gross vehicle weight, or any combination thereof, or any component part
thereof, including the tractor unit or trailer unit of any tractor -trailer -type truck, upon any
private property in a residential zone except for the purpose of loading and unloading. No more
than four (4) hours shall be allowed for loading and unloading, unless otherwise authorized by
the city manager or his designee.
(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck,
travel trailer, equipment trailer, boat, boat trailer or commercial vehicle upon any street or
right-of-way, except for the purpose of loading or unloading. No more than four (4) hours shall
be allowed for loading and unloading, unless otherwise authorized by the city manager or his
designee.
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of
fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent
offense.
(Ord. No. 75 01 16, § 1, 9 13 04)
Sec. 21-23. Parking in the right-of-way.
Parking in the right-of-way for short periods of time (not to exceed eight (8) hours) is
permissible. Parking in the right-of-way is not intended to be a solution for limited driveway
and/or garage parking.
No person shall park in the right-of-way on the below listed streets on a regular basis at a
residence, which is defined as three (3) or more occasions in any seven-day period.
Parking on the rights-of-way, as described in the two (2) paragraphs directly above, shall be
prohibited on the following streets and roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
Supp. No. 41 1226
TRAFFIC AND MOTOR VEHICLES § 21-25
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-13-19, § 1, 10-28-13)
Editor's note—Section 1 of Ord. No. 75-13-19, adopted Oct. 28, 2013, changed the title of
§ 21-23 from "Parking more than seventy-two hours prohibited" to read as herein set out.
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc. Declared
unlawful; exception; nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25. Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and
shall cause to be removed any vehicle from any street or alley or right-of-way within the city
to a public garage or other place of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on
the curb prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of time
longer than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to
traffic, or the person in charge of the vehicle is, by reason of physical injury or
condition, incapacitated to such an extent as to be unable to provide for its custody or
removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or
the vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-04-16, § 1, 9-13-04)
State law reference—Establishment of rotating wrecker call list, § 21-50.
Supp. No. 41 1227
§ 21-26 ATLANTIC BEACH CODE
Sec. 21-26. Same—Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or place
where the vehicle under provisions of this article, shall constitute a lien against the vehicle.
The operator of the garage or other place the vehicle is stored is hereby authorized to hold the
vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf,
the operator; provided, that in no event shall the city or any officer; employee or department
of the city be liable for the charges and costs by reason of their enforcement of this section.
Ord. No. 75-04-16, § 1, 9-13-04)
State law reference—Charges for towing and storage, § 21-51.
Secs. 21-27-21-35. Reserved.
DIVISION 2. ENFORCEMENT
Sec. 21-36. Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed uniform
traffic citations which shall be prenumbered and which shall be issued to the public safety
officers. It shall be the duty of the public safety officers to check on parking locations for
indications of illegal parking and to give the notice of the violation of parking ordinances
regulating the parking of vehicles in any street block of the city. Notice of violation of a parking
ordinance by public safety officers shall be given by leaving a citation specifying the violation
with the registered owner or operator of the vehicle or by attaching the citation to the vehicle
if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public
safety officer, with his signature affixed thereto, at the close of each day's work, with the
records division of the public safety department.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-37. Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
(b) Set forth substantially the nature of the offense and the number of the ordinance being
violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the person
cited if delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the City
of Atlantic Beach, finance department the applicable fine as established by section
21-38; and
(f) Shall be signed by the person issuing them.
(Ord. No. 75-04-65, § 1, 9-13-04)
Supp. No. 41 1228
TRAFFIC AND MOTOR VEHICLES § 21-39
Sec. 21-38. Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of parking
violations occurring within the city:
(a) Parking in prohibited areas $50.00
(b) Parking within fifteen (15) feet of fire hydrant $50.00
(c) Parking double $50.00
(d) Obstructing traffic $50.00
(e) Obstructing driveway $50.00
(f) Parking over time limit $50.00
(g) Other improper parking $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces $250.00
(i) Parking in the right-of-way: First offense $100.00
Second offense within twenty-four (24) months of first offense $150.00
Third offense within twenty-four (24) months of first offense $250.00
Fourth and subsequent offenses at any time $500.00
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04; Ord. No. 75-13-19, § 2,
10-28-13)
Sec. 21-39. Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment
of a parking fine as specified on the parking citation and in accordance with the schedule of
fines at any time before a summons is issued with respect thereto, in person at his office or by
mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea
of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails
to pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in
the citation of paying the additional fifty dollars ($50.00) late fee upon good cause being shown
and documented by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and
the time limitations for the payment of the tickets has expired, then the vehicle may be
disabled or towed pursuant to the conditions set forth within this chapter.
(Ord. No. 75-04-16, § 1, 9-13-04)
Supp. No. 41 1229
§ 21-40 ATLANTIC BEACH CODE
Sec. 21-40. Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid
forthwith to the director of finance in a manner as prescribed by the director of finance.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-41. Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor
vehicle license tag number on a citation for such violation, by an officer charged with
enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the
person in whose name the license tag is registered in the office of the appropriate agency of the
state issuing the license tag.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-42-21-49. Reserved.
ARTICLE III. WRECKER SERVICE*
Sec. 21-50. Establishment of rotating wrecker call list.
The chief of police, subject to approval by the city manager, is hereby authorized to establish
standards and rules for the administration of a rotating wrecker service to the city. All wrecker
and towing firms, companies, or corporations licensed to conduct that business may apply for
a listing by the police department on the rotating wrecker call list.
(Ord. No. 75-04-16, § 1, 9-13-04)
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The charges for towing and otherwise removing any damaged motor vehicle from any point
within the city shall be as set forth below. Daytime shall be defined as the hours from 6:00 a.m.
until 6:00 p.m. Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and
nighttime charges shall also apply Sundays and legal holidays.
Daytime Nighttime
(a) Class A wrecker
Passenger cars and light vans $73.00 $94.00
Trucks (half -ton to two tons $73.00 $94.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $73.00 $94.00
*Editor's note—Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. III to
read as herein set out. Former art. III pertained to similar subject matter and derived from
Ord. No. 57-92-18, §§ 1-5, adopted Apr. 13, 1992 and Res. No. 01-15, § 1, adopted July 9, 2001.
State law references—Removing and impounding, § 21-25; towage and storage charges,
§ 21-26.
Supp. No. 41 1230
TRAFFIC AND MOTOR VEHICLES § 21-52
(b) Class B wrecker: The charges for towing and otherwise removing any truck, unit or
part thereof, from more than two tons to 10 tons of weight $105.00 per hour towing
charge, but in no event less than a $100.00 charge for towing, and not more than
$105.00 per hour for cleanup, extra labor and waiting time.
(c) Class C wrecker: The charges for towing and otherwise removing any truck or unit of
10 tons or greater weight $157.00 per hour towing charge for a truck or unit
transportable as a whole, but in no event less than $157.00 charge for such towing, or,
$210.00 per hour towing charge for a truck or other unit not transportable as a whole,
but in no event less than a $100.00 charge for such towing; and not more than $100.00
per hour for cleanup, extra labor or waiting time.
(d) Overturned vehicles:
Regular price plus
(e) On Ocean:
Regular price plus (Driver and/or
wrecker must enter water)
(f) Use of dollies:
Regular price plus
Daytime Nighttime
$52.00 $52.00
$52.00 $73.00
$52.00 $75.00
(g) The charges for storage of vehicles by wrecker service operators shall be as follows:
Storage, outside per day; $17.00.
Storage, inside per day; $21.00.
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can be
removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been
physically attached to the vehicle. If the owner arrives before the wrecker is attached,
no fee will be charged.
(i) The above charges may be changed by resolution adopted by the city commission.
(Ord. No. 75-04-16, § 1, 9-13-04)
State law reference—Towage and storage charges, § 21-26.
Sec. 21-52. Wreckers to be equipped at all times.
All wreckers must be equipped at all times with amber flashing lights and all necessary
working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire
extinguisher.
(Ord. No. 75-04-16, § 1, 9-13-04)
Supp. No. 41 1231
§ 21-53 ATLANTIC BEACH CODE
Sec. 21-53. Liability insurance.
All wreckers shall have, maintain, and keep in full force and effect, liability insurance in
amounts not less than one hundred thousand dollars ($100,000.00) to three hundred thousand
dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars
($50,000.00).
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-54. Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or additions
to any such removed vehicle without the written consent signed by its owner or his duly
authorized agent.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-55-21-59. Reserved.
ARTICLE IV. MOTOR VEHICLE TITLE LOANS
Sec. 21-60. Definitions.
(a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees
to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the
motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle
certificate of title owned by the borrower and encumbered only by a title loan agreement.
(b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be
a i ono d from brie to time.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-61. Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title
loan transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met:
(a) The secondhand dealer maintains physical possession of the motor vehicle certificate
of title;
(b) The borrower maintains possession of, or control over, the motor vehicle throughout
the term of the loan;
(c) The borrower is not required to pay rent or any other charge for the use of the motor
vehicle;
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a
statement showing the loan amount, origination date, maturity date, finance charges,
a description of the security, the name and address of the borrower and the secondhand
dealer, the rate of interest expressed in terms of annual percentage rate, the total
Supp. No. 41 1232
TRAFFIC AND MOTOR VEHICLES § 21-61
number of payments required, and the total amount required to be paid over the life
of the loan. In the event the borrower has a right to renew the loan, the secondhand
dealer must deliver a statement with the information required herein for each
renewal; and
(e) The title loan agreement contains the following statements printed in not less than
fourteen -point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not repay
this loan in full, including the finance charge, YOU WILL LOSE YOUR VEHI-
CLE."
(2) "You are encouraged to repay this loan at the end of the 30 day period. The lender
is not required to extend or renew your loan. It is important that you plan your
finances so that you can repay this loan as soon as possible."
(3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE
THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW
FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH OR
AN ANNUAL PERCENTAGE RATE OF 30%."
(4) "The borrower represents and warrants that the motor vehicle and the certificate
of title is not stolen, it has no liens or encumbrances against it, the borrower has
the right to enter into this transaction, and the borrower will not attempt to sell
the motor vehicle or apply for a duplicate certificate of title while the title loan
agreement is in effect, and that doing so will be a violation of the law."
(f) Immediately above the signature of the borrower, the statement that "I, the borrower,
declare that the information I have provided is true and correct and I have read and
understand the foregoing document."
Supp. No. 41 1233
Chapter 22
UTILITIES*
Article I. In General
Sec. 22-1. Combined sewer and water systems.
Sec. 22-2. Return investment policy for Buccaneer plant.
Sec. 22-3. Voluntary collection program to assist needy with utility bills.
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
Sec. 22-5. Accounts receivable write-offs.
Secs. 22-6-22-13. Reserved.
Article II. Waterworks System
Sec. 22-14. Application for water service.
Sec. 22-15. Tapping of mains, etc., restricted to city employees.
Sec. 22-16. Connection charges; initial payment of minimum water rental.
Sec. 22-17. Temporary service.
Sec. 22-18. Granting necessary easements by consumer.
Sec. 22-19. Right of access by city employees.
Sec. 22-20. Fees to establish service or reestablish service after cutoff or transfer.
Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills.
Sec. 22-22. Fee established for re -read of meters.
Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant houses
unless water shut off.
Sec. 22-24. Basis for billing if meter fails to register.
Sec. 22-25. Determination of classification of service for each consumer.
Sec. 22-26. Property owner responsible to city for water charges.
Sec. 22-27. Charges for water service.
Sec. 22-27.1. Utility deposits.
Sec. 22-28. Water impact fees, installation charges, etc.
Sec. 22-29. Due dates and late fees.
Sec. 22-30. Private fire protection service.
Sec. 22-31. Reserved.
Sec. 22-32. Connection of private water systems to city system prohibited.
Sec. 22-33. Prohibited acts.
Sec. 22-34. Service to more than one property through same meter.
Sec. 22-35. Approved of plumbing prior to connection with water system.
Sec. 22-36. City not liable for interruptions in service; right of city to restrict use of water.
*Cross references—Administration, Ch. 2; buildings and building regulations, Ch 6;
mobile homes and recreational vehicles, Ch. 10; planning/zoning/appeals, Ch. 14; refuse and
garbage, Ch. 16; signs, posters, etc., prohibited on sidewalks, utility poles, etc., § 17-8; streets,
sidewalks and other public places, Ch. 19; public service tax, § 20-10 et seq.; zoning regulation
for utility structures, § 24-170.
State law references—Water and sewer systems, F.S. Ch. 367; supervision and control of
systems of water supply, sewerage, refuse and sewage treatment by the department of health
and rehabilitative services, F.S. § 381.261.
Supp. No. 41 1275
ATLANTIC BEACH CODE
Sec. 22-37. Application for water service in new subdivisions; costs of pipes, etc., in
subdivisions to be paid by developer; exception.
Sec. 22-38. Extensions of water mains of more than one hundred feet in existing streets.
Sec. 22-39. Water conservation.
Sec. 22-40. Wells -Permit required.
Sec. 22-41. Same -Bacteriological tests for potable water.
Sec. 22-42. Definitions.
Sec. 22-43. Cross connections; backflow devices.
Secs. 22-44-22-55. Reserved.
Article III. Wastewater System
Division 1. Generally
Sec. 22-56. Definitions.
Sec. 22-57. Maliciously damaging, etc., facilities.
Secs. 22-58-22-70. Reserved.
Division 2. Use of Public Sewers Required
Sec. 22-71. Depositing human or animal excrement.
Sec. 22-72. Discharging untreated wastewater or polluted waters into natural outlets, etc.
Sec. 22-73. Constructing privies, septic tanks, cesspools.
Sec. 22-74. Installation of toilet facilities required; connection of facilities to public sewer.
Secs. 22-75-22-85. Reserved.
Division 3. Private Wastewater Disposal
Sec. 22-86. Construction of division.
Sec. 22-87. Where required.
e11ll1LS.
Sec. 22-89. Compliance regarding type, capacities, location and layout.
Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling.
Sec. 22-91. Maintenance.
Sec. 22-92. Written report required for failed private system.
Secs. 22-93-22-100. Reserved.
Division 4. Building Sewers and Connections
Sec. 22-101. Costs and expenses; indemnification of city against loss, etc.
Sec. 22-102. Permits -Required.
Sec. 22-103. Same -Classification; application.
Sec. 22-104. Separate building sewer for each building; exception.
Sec. 22-105. Use of old building sewers.
Sec. 22-106. Conformance with building and plumbing codes.
Sec. 22-107. Elevation.
Sec. 22-108. Connection of roof downspouts, foundation drains, surface runoff, etc.
Sec. 22-109. Connections; conformance; making gastight and watertight; deviations.
Sec. 22-110. Inspections; supervision of connections.
Sec. 22-111. Barricading, restoring excavations.
Secs. 22-112-22-125. Reserved.
Supp. No. 41 1276
UTILITIES
Division 5. Use of Public Sewers
Sec. 22-126. Construction of division.
Sec. 22-127. Discharging unpolluted waters into sanitary sewer; exception.
Sec. 22-128. Discharging storm water, etc., into storm sewers or natural outlets.
Sec. 22-129. Prohibited discharges.
Sec. 22-130. Limitations on discharge concentrations or quantities.
Sec. 22-131. Options of city manager regarding wastes listed in section 22-130.
Sec. 22-132. Grease, oil and sand interceptors.
Sec. 22-133. Pretreatment or flow -equalizing facilities.
Sec. 22-134. Structures for observation, sampling and measurement.
Sec. 22-135. Information for determination of compliance.
Sec. 22-136. Measurements, tests and analyses determinations.
Secs. 22-137-22-150. Reserved.
Division 6. Powers and Authority of Inspectors
Sec. 22-151. Rights of entry of authorized employees.
Sec. 22-152. Information concerning industrial processes.
Sec. 22-153. Observing safety rules; indemnification and liability.
Sec. 22-154. Easements.
Secs. 22-155-22-165. Reserved.
Division 7. Sewer User Rates and Charges
Sec. 22-166. Monthly wastewater base facility charges.
Sec. 22-167. Schedule of wastewater volume charges.
Sec. 22-168. Review and changes of rates.
Sec. 22-169. Connection fees.
Sec. 22-170. System development charge.
Sec. 22-171. Payment of connection fees and system development charges.
Sec. 22-172. Disposition of system development charges.
Sec. 22-173. Billing.
Sec. 22-174. Delinquent bills.
Sec. 22-175. Sewer charges applicable if sewer available.
Secs. 22-176-22-190. Reserved.
Division 8. Sewer System Extensions
Sec. 22-191. Purpose.
Sec. 22-192. Construction of extension projects.
Sec. 22-193. Sewer service without water service.
Sec. 22-194. Design standards.
Sec. 22-195. Construction standards.
Secs. 22-196-22-300. Reserved.
Supp. No. 41 1277
ATLANTIC BEACH CODE
Article IV. Stormwater Management
Division 1. Generally
Sec. 22-301. Short title.
Sec. 22-302. Findings of fact.
Sec. 22-303. Definitions.
Sec. 22-304. Relationship to comprehensive plan.
Sec. 22-305. Utility established.
Sec. 22-306. Directors.
Sec. 22-307. Duties and powers.
Sec. 22-308. Customer base.
Sec. 22-309. Enterprise fund.
Sec. 22-310. Billing and collection.
Secs. 22-311-22-330. Reserved.
Division 2. Rates and Charges
Sec. 22-331. Short title.
Sec. 22-332. Findings of fact.
Sec. 22-333. Definitions.
Sec. 22-334. Utility fee categories.
Sec. 22-335. Fees.
Sec. 22-336. Enforcement and penalties.
Sec. 22-337. Appeal process.
Secs. 22-338-22-349. Reserved.
Article V. Reclaimed Water System
Sec. 22-350. Definitions.
Sec. 22-351. Purpose, public policy and benefits.
Sec. 22-352. Relationship to other laws.
Sec. 22-353. Connection required.
Sec. 22-354. Design, construction and ownership of new reclaimed water facilities.
Sec. 22-355. Use of reclaimed water.
Sec. 22-356. Cross connection control.
Sec. 22-357. Unauthorized work on reclaimed water facilities.
Sec. 22-358. Inspections.
Sec. 22-359. Restrictions on use of wells.
Sec. 22-360. Discontinuance of service.
Sec. 22-361. City's right to refuse service.
Sec. 22-362. Reserved.
Sec. 22-363. City not liable for interruptions in service; right of city to restrict use of water.
Sec. 22-364. Billing and collection of fees.
Sec. 22-365. Charges for reclaimed water service.
Secs. 22-366-22-425. Reserved.
Supp. No. 41 1278
UTILITIES § 22-4
ARTICLE I. IN GENERAL
Sec. 22-1. Combined sewer and water systems.
The sewer systems of the Atlantic Beach, Oak Harbor, and Buccaneer plants are hereby
combined for financial reporting purposes only, and such combined systems shall hereafter be
known as the Atlantic Beach Sewer System. Likewise, the water systems of the Atlantic Beach,
Oak Harbor, and Buccaneer plants are hereby combined for financial reporting purposes only,
and such combined systems shall hereafter be known as the Atlantic Beach Water System. All
systems shall continue to meet any and all bond covenants, restrictions, and other applicable
laws.
(Ord. No. 80-93-52, § 1, 9-27-93)
Sec. 22-2. Return investment policy for Buccaneer plant.
The additional rates charged by the Buccaneer systems to customers outside the city
pursuant to section 22-27(2) for water and section 22-167(b) for sewer shall be considered a
return on investment, and such return on investment shall be contributed to the general fund
of the city unless a lesser amount of transfer is budgeted on an annual basis.
(Ord. No. 80-93-52, § 1, 9-27-93; Ord. No. 80-03-67, § 7, 9-22-03)
Sec. 22-3. Voluntary collection program to assist needy with utility bills.
The director of finance shall accept voluntary donations to be used to assist the needy to pay
city utility bills. The city manager is authorized to contract with a social service agency to
administer the city's "Atlantic Beach Cares" program of assistance. All guidelines for the
program will be set forth in a contract with the administering agency, such contract will
include a cancellation provision whereby either party may terminate the contract upon a
thirty -day advance written notice to the other.
(Ord. No. 80-96-59, § 1, 10-28-96; Ord. No. 80-01-64, § 1, 1-14-02)
Sec. 22-4. Authority to adjust or waive charges in appropriate cases.
(a) Right to dispute. Every utility customer shall have the right to have any disputed or
believed erroneous billing reviewed by an employee of the finance department who is
empowered to adjust such billings for overcharging or charging for services not rendered. The
finance director shall designate such employees to hear customer disputes and adjust bills to
rectify any error and shall make at least one (1) such employee available to customers during
regular office hours and such other times as the finance director deems necessary and
appropriate.
(b) Authority to adjust or waive charges. The adjustment will be made in those cases where
the complaints are well founded and adjustments are appropriate. The city may waive or
assess late fees and service charges when there is a reasonable basis to believe that the fees
or service charges have been assessed or not assessed in error. The city may also waive late fees
when it appears that the customer has made a reasonable effort to deliver payment in a timely
Supp. No. 41 1278.1
§ 22-4 ATLANTIC BEACH CODE
manner or when that payment was late due to circumstances beyond the control of the
customer. The city may also grant a one-time waiver of the delinquent fee at the request of the
customer after determining that the payment history is good and considering the circum-
stances causing the delinquency.
(c) The city may extend the due dates for customers that are on a fixed income for a time
period not to exceed fifteen (15) days past the original due date. The extensions are for the
purpose of helping customers on fixed income pay for services at anytime during the month
without penalty. The extension however does not extend the time period for cutoff purposes.
Consideration of such an extension will be given to those customers with a good payment
history and who are willing to sign a statement regarding the income limitations of those in the
household. The customer must attest that the only household income received is that of social
security or disability income or that the total income of the household is lower than an amount
considered a poverty income level by the department of health and human services. The city
will place the customer's deposit in a hold status for the duration of the special arrangement.
(d) Terms of adjustment. When a customer is determined by the city to have been
overcharged or undercharged as a result of incorrect meter reading, defective metering,
incorrect application of rate schedule fees and charges, or a mistake in billing or in the billing
and collection process, the amount so determined may be credited or back -billed to the
customer. The adjustment shall be accomplished over a period not to exceed six (6) months,
unless otherwise directed by the finance director or his authorized representative and so noted
on the account. If meter malfunctions are caused by tampering or customer -inflicted damage,
the back -billed period may be extended to the maximum period allowed by state statute.
(e) Adjustment for leaks on consumer's side of meter. An adjustment may be made to the
rate charged for excessive water volume consumed as a result of a leak on the user's side of the
mete' vviieie the discharge entered the sanitary sewer system. The adjustment for water and
sewer volume charges would be based on water usage in excess of that location's average
normal monthly consumption for the previous twelve-month period. The adjusted rate for
those excess gallons used would be the rate in effect for the zero (0) to three -thousand -gallon
usage per month block rate.
Also, an adjustment to the volume billed may be made to the sewer volume portion of the
utility bill as a result of a leak on the consumer side of the meter if the water service was
broken at the point where the discharge did not enter the sanitary sewer system. The city shall
decide the extent of the adjustment based on water usage in excess of that location's average
monthly usage for the previous twelve-month period.
Any request for an adjustment for either water volume or sewer volume charges must be
accompanied by documentation of the leak, in a format acceptable to the city.
No allowances will be made due to running water due to weather conditions.
(f) Adjustments for filling a swimming pool. A one-time, per owner, allowance or adjustment
of volume billed for gallons used may be made to the rate charged for excessive water
consumed as a result of filling a swimming pool. The adjustment would be based on water
Supp. No. 41 1278.2
UTILITIES § 22-16
usage in excess of that location's normal monthly usage based on prior consumption history of
the previous twelve-month period. The adjusted water volume rate for those excess gallons
used would be the rate in effect for the zero (0) to three -thousand -gallon usage per month block
rate. The sewer volume billed is to be adjusted down to the average normal monthly usage.
Any request for an adjustment for water and sewer volume charges for filling a swimming
pool must be accompanied by documentation for a new pool or repair, in a format acceptable
to the city.
(Ord. No. 80-01-63, § 1, 2-26-01; Ord. No. 80-01-64, § 2, 1-14-02; Ord. No. 80-03-67, § 6, 9-22-03;
Ord. No. 80-05-70, § 1, 2-14-05; Ord. No. 80-14-84, § 1, 2-10-14)
Sec. 22-5. Accounts receivable write-offs.
The city will adopt write-off policies and procedures for uncollectible accounts and
periodically update the city commission when write-offs occur.
(Ord. No. 80-01-63, § 2, 2-26-01)
Secs. 22-6-22-13. Reserved.
ARTICLE II. WATERWORKS SYSTEM*
Sec. 22-14. Application for water service.
It shall be unlawful for any person to use city water without first making application in
writing to the city for service at least forty-eight (48) hours before the service is desired and
paying all charges incident to the application. The applications shall be made on forms
furnished by the city and shall constitute an agreement by the consumer with the city to abide
by the rules of the city in regard to its service of water. Applications for service requested by
firms, partnerships, associations and corporations shall be tendered only by their duly
authorized agents, and the official title of the agent shall be shown on the application.
(Code 1970, § 27-1; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-15. Tapping of mains, etc., restricted to city employees.
No person shall tap the city water mains or make any other connection to pipes on the
supply side of any meter except those persons duly employed by the city for such purposes.
(Code 1970, § 27-2; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-16. Connection charges; initial payment of minimum water rental.
(a) Upon the application of the owner or consumer for water service, the connection charge
shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection
charges will be established by the city commission from time to time.
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 41 1278.3
§ 22-16 ATLANTIC BEACH CODE
(b) The minimum water rental for the period from the date of installation to the following
minimum water billing date shall be collected at the time payment is made for the connection
charge.
(c) The director of finance is directed to receive the connection charge and cause same to be
invested in interest-bearing securities that are most advantageous to the city's interest. The
securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used
solely for capital improvements to the water plant and supply system.
(d) Payment of connection fees and system development charges shall be due and payable
prior to the issuance of a building permit. A complete building permit application must be
received on or before December 1, 2008, to be vested from the new fees. A complete building
permit application will be considered complete when all items are submitted in accordance
with the building department checklist. To remain vested, the building permit application
must remain current in accordance with requirements of the Florida Building Code and will
be void if expiration of the application occurs in accordance with any state or local law. System
development charges are nontransferable.
Owners of all properties required to abandon existing septic tanks and connect to the city
sewer as per section 22-74 shall be allowed to pay the existing system development charges
prior to December 1, 2008, and delay connection to the city sewer until the expiration date of
their assessment. (Assessments on Beach Avenue expire in May 2010, and in Marsh Oaks
(f/k/a Section H) in November 2011.)
(Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88; Ord. No. 80-92-48, § 1, 7-27-92; Ord. No.
80-92-51, § 1, 11-23-92; Ord. No. 80-08-76, § 1, 8-25-08)
Sec. 22-17. Temporary service.
Temporary service, such as service for circuses, fairs, carnivals, construction work and the
like, shall be provided upon written application accompanied by a deposit sufficient to cover
the city's estimate of the proper charge for water to be consumed, materials, labor and other
expense incurred by the city in providing the service. Upon termination of this service, any
balance of the deposit shall be refunded to the consumer.
(Code 1970, § 27-4; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-18. Granting necessary easements by consumer.
The consumer shall grant or cause to be granted to the city, without cost, all rights,
easements, permits and privileges which are necessary for providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-19. Right of access by city employees.
Duly authorized employees of the city shall have access at all reasonable hours to the
premises of the consumer for the purpose of reading meters, installing or removing any of its
property, examining pipes or fixtures or for any purpose incidental to providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Supp. No. 41 1278.4
UTILITIES § 22-28
Sec. 22-27.1. Utility deposits.
(a) A deposit of one hundred twenty-five dollars ($125.00) will be required for all new
single-family residential accounts. A deposit representing two (2) months' average charges for
utility services, i.e., water, sewer, stormwater and garbage, will be required for all other new
utility accounts. Upon termination of utility services, the customer's deposit will first be
applied to any balances owed on his account. Any balance remaining will be refunded to the
customer or transferred to another account upon request of the customer.
(b) The deposit of any customer shall be refunded after twenty-four (24) months from the
date of deposit, provided the customer is current in all payments and has timely made all
payments during the preceding twenty-four (24) months. If any customer becomes delinquent
in payments after his deposit has been refunded pursuant to this section, the city may require
an additional deposit for service to continue.
(Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-58, § 1, 10-28-96; Ord. No. 80-00-62, § 3,
9-25-00; Ord. No. 80-04-68, § 1, 7-26-04)
Sec. 22-28. Water impact fees, installation charges, etc.
The following schedule of rates and installation charges for water connections, facilities,
service and water provided or furnished by the city through its waterworks system is hereby
adopted and established:
(1) Water tap and meter installation charges. Charges for providing and approving
connections to the water system with installation charges performed by the city are as
follows and shall be in addition to system development charges.
a. All units. Cost for labor and materials as provided in section 2-368 of the City
Code.
Approved utility contractors may construct larger services at their own expense,
but will be subject to a two -hundred -dollar inspection fee.
All new construction, rehabilitation and/or remodeling will require cross -
connection control devices and shall be assessed an inspection fee as follows:
Two-inch and under $ 50.00
Over two-inch 200.00
Reinspection visit 50.00
b. Meter charge. All meters will be furnished by the city and the cost is included in
the established installation charge.
c. Change in service size. Whenever a user requests a change in the size of a service
previously installed, such user shall accompany such request with payment of the
same charges per schedule a above, together with any meter cost involved, as are
applicable to the new service requested. The user shall also be required to pay
Supp. No. 41 1283
§ 22-28 ATLANTIC BEACH CODE
any and all increases in capital improvement charges from the existing meter size
to the meter size requested, whether or not the existing service was required to
pay any fees, utilizing the rates in effect at time of request.
d. Change in service location. Whenever a user requests a change in location of a
service connection previously installed, such user shall accompany such request
with payment of the same charges, per schedule (1)a., for installation.
e. System development charge.
Size of Meter
(inches) Charge
3/4 $1,140.00
1 1,904.00
11/2 3,796.00
2 6,076.00
3 11,400.00
4 19,004.00
6 37,996.00
8 60,796.00
Disposition, use of revenues. All revenues collected by the city for water capital
improvement charges shall be deposited and held in a special fund to be known as and
hereby designated "the water capital improvement fund". The monies deposited and
held in said fund and all interest accrued thereto shall be used only for the
improvements, expansion and/or replacement of the water system of the city.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-05-71, § 1, 3-14-05; Ord. No. 80-08-76, § 2,
82508)
Sec. 22-29. Due dates and late fees.
Bills for minimum and excess water will be rendered at regular intervals, but the rendering
of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill
shall not release or diminish the obligation of the consumer with respect to payment thereof,
or relieve the consumer of any obligation under this chapter. The bills for service shall be due
and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If
the bill is not paid within fifteen (15) additional days (or thirty (30) days from the billing date),
service will be discontinued. A reconnect fee will be required to be paid, along with the full
amount of the bill, prior to service being restored.
(Code 1970, § 27-13; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No.
80-96-57, § 1, 2-12-96; Ord. No. 80-03-67, § 5, 9-22-03)
Sec. 22-30. Private fire protection service.
Fire protection service charges shall be billed the monthly water base rate for a three -
fourth's -inch meter. Fire protection service, either private hydrants or sprinkler systems, shall
Supp. No. 41 1284
UTILITIES § 22-34
be installed from the connection to the main inward at the expense of the consumer. All such
installations shall be made in strict accordance with the rules of the American Insurance
Association in force at the date of installation and with such requirements as may be
prescribed by the city manager. No taps will be allowed which may be used for other than fire
protection purposes, and unless pursuant to special permit from the city manager, there shall
be no connection with any other source of water except in case a storage tank or fire pump is
installed as a secondary supply for such fire protection.
Fire protection services on new facilities shall have a detector check meter installed on the
fire line. Customers with existing fire protection services will be required to install a detector
check meter on the fire line. No water volume charge shall be made for water used while
fighting a fire or testing the fire sprinkler system; however, evidence with documentation of
such fire fighting or equipment testing may be required by the city. Water used for other than
fire fighting or testing of the sprinkler system will be charged the normal volume rate and the
base charge appropriate for the size of meter, and the city may require the customer to install
an appropriately sized meter on the fire service line.
(Code 1970, § 27-14; Ord. No. 80-05-71, § 1, 3-14-05; Ord. No. 80-14-86, § 1, 7-28-14)
Sec. 22-31. Reserved.
Editor's note—Ord. No. 80-05-70, § 1, adopted Feb. 14, 2005, repealed § 22-31, which
pertained to leaks on consumer's side of the meter and derived from Code 1970, § 27-15.
Sec. 22-32. Connection of private water systems to city system prohibited.
No person shall interconnect a privately owned water system to the city's water system.
(Code 1970, § 27-16)
Sec. 22-33. Prohibited acts.
No person shall connect or turn on any water service or tap or make any alteration to any
main or distribution pipe of the city's water system or in any way interfere with or molest any
of the wells, reservoirs, basins or water in the same, or permit any connection or tapping to be
made to the city's water system on his premises or the premises occupied by him or knowingly
use city water from unauthorized connections.
(Code 1970, § 27-17)
Sec. 22-34. Service to more than one property through same meter.
Properties owned or operated by different owners or operators shall not be supplied with
water through one (1) meter unless existing facilities make it impractical, as determined by
the city commission as an exception, to establish separate meters for each property. In each
case excepted by the city commission, the yearly minimum rate will be determined by
combining the rates for each property, and likewise the minimum quarterly allowance for each
property will be combined.
(Code 1970, § 27-18)
Supp. No. 41 1284.1
§ 22-35 ATLANTIC BEACH CODE
Sec. 22-35. Approved of plumbing prior to connection with water system.
No water service shall be connected until the plumbing and connections incident thereto
shall have been inspected and approved by the plumbing inspector.
(Code 1970, § 27-19)
Sec. 22-36. City not liable for interruptions in service; right of city to restrict use of
water.
The city shall not be liable for any damage resulting from bursting of any main, service pipe
or cock, or by shutting off of water for repairs, extensions or connections, or from the accidental
failure of the water supply from any cause whatsoever. In cases of emergency, the city shall
have the right to restrict the use of water in any reasonable manner for the protection of the
city and its water supply.
(Code 1970, § 27-20)
Sec. 22-37. Application for water service in new subdivisions; costs of pipes, etc., in
subdivisions to be paid by developer; exception.
(a) Any person subdividing or resubdividing any plot or tract of land shall apply to the city
for water service.
(b) Upon approval of the application by the city commission, the applicant shall agree to
deposit with the city the cost of the lines, mains, pipes, fire hydrants, valves, meters,
engineering, etc., and the city shall cause to be prepared the necessary plans and specifications
for the construction of the water lines, etc.
(c) When the estimated cost of the water lines has been determined, the applicant shall
forthwith deposit with the city a sum of money equal to the estimate, or he may elect to install
the water lines himself according to the plans and specifications and ander the snnervigion of
the city. He shall pay the cost of the engineering and shall provide the surety as the city
commission may require. If the actual cost is more than the estimated cost, the developer shall
pay to the city the additional cost. If the actual cost is less than the estimated cost, the
difference shall be refunded to the developer.
(d) If the future development of the area beyond the limits of the proposed development
requires the installation of a water main larger than the main required for domestic and fire
service within the proposed development, the city shall agree to pay the difference in the cost
of materials only between the main capable of providing domestic and fire service within the
proposed development and the main necessary to serve the area beyond the development. The
method of payment of this cost by the city shall be negotiated between the developer and the
city.
(Code 1970, § 27-21)
Sec. 22-38. Extensions of water mains of more than one hundred feet in existing
streets.
Any application for water service on a street right-of-way or easement existing or dedicated
prior to January 1, 1961, requiring an extension in excess of one hundred (100) feet, shall be
Supp. No. 41 1284.2
UTILITIES § 22-41
approved by the city commission. If the city commission finds that it is not economically
feasible to construct the water line and the applicant provides the necessary funds to construct
the line, the city and the applicant shall agree by written contract to the refunding to the
applicant of the funds. The method and amount of refunding shall be negotiated between the
applicant and the city.
(Code 1970, § 27-22)
Sec. 22-39. Water conservation.
(a) The city hereby adopts each of the provisions set forth in the district's rule 40c -
2.042(2)(a), F.A.C., which regulates small irrigation uses below consumptive use permit
thresholds, regardless of whether the water comes from ground or surface water, from a
private well or pump or from a public or private utility.
(b) A variance from the specific landscape irrigation days or day set forth in Rule
40C -2.042(2)(a)1. and 2., F.A.C. may be granted if strict application of the scheduled days or
day would lead to unreasonable or unfair results in particular instances, provided that the
applicant demonstrates with particularity that compliance with the scheduled days or day will
result in substantial economic, health or other hardship on the applicant requesting the
variance or those served by the applicant. Where a contiguous property is divided into different
zones, a variance may be granted hereunder so that each zone may be irrigated on different
days or day than other zones of the property. However, in no event shall a variance allow a
single zone to be irrigated more than two days per week during daylight savings time or more
than one (1) day per week during eastern standard time.
(c) District Rule 40C -2.042(2)(a), F.A.C. will be enforced by the city's code enforcement
officer through the city's code enforcement process pursuant to chapter 1 General Provisions,
section 1-11 General penalty; continuing violations.
(Ord. No. 80-10-79, § 1, 8-23-10)
Editor's note—Section 1 of Ord. No. 80-10-79, adopted Aug. 23, 2010, repealed the former
§ 22-39 and enacted a new § 22-39 as set out herein. The former § 22-39 pertained to water
shortages and derived from Ord. No. 80-82-21, adopted April 26, 1982; and Ord. No. 80-08-75,
adopted Jan. 28, 2008.
Sec. 22-40. Wells—Permit required.
Any person, firm, corporation, individual or other entity wishing to dig a water well for any
purpose within the corporate limits of the City of Atlantic Beach must first obtain, therefore,
a permit at a cost of ten dollars ($10.00) from the building department of the city of Atlantic
Beach, Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-41. Same—Bacteriological tests for potable water.
Any person, individual, corporation or other entity receiving a permit as provided in section
22-40 herein, and who plans to use water from the permitted well for drinking purposes, must
Supp. No. 41 1284.3
§ 22-41 ATLANTIC BEACH CODE
first obtain a bacteriological test report from the State of Florida health department,
furnishing a certified copy thereof to the building department of the City of Atlantic Beach,
Florida.
(Ord. No. 80-85-29, § 1, 12-9-85)
Sec. 22-42. Definitions.
Cross connection means any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain, lawn
sprinkler, conduit, pool, storage reservoir, plumbing fixtures, appliances, or other devices
which contain or may contain contaminated water, sewage or other waste or liquid of unknown
or unsafe quality which may be capable of imparting contamination to the public water supply
as the result of backflow. Bypass arrangements, jumper connections, removeable sections,
swivel or changeable devices and other temporary or permanent devices through which or
because of which backflow could occur are considered to be cross connections.
(Ord. No. 80-92-50, § 1, 10-12-92)
Sec. 22-43. Cross connections; backflow devices.
(a) No consumer of water from the city water system shall have a cross connection or
potential cross connection either inside or outside of any building or buildings without a
backflow prevention device being installed to prevent any and all backflow.
(b) Only the following are considered to be backflow prevention devices and shall be
installed in agreement with and under supervision of the supplier of water or his designated
reprPsentativvP,
(1) Air gap separation. A physical separation between the free-flowing discharge end of a
potable water supply pipeline and an open or nonpressure receiving vessel. This gap
must be at least double the diameter of the supply pipe measuresd vertically above the
rim of the vessel and in no case less than one (1) inch.
(2) Reduced pressure backflow preventer. A device containing within its structure a
minimum of two (2) independently acting, approved check valves, with an automati-
cally operating pressure differential relief valve located between the two (2) check
valves that will discharge to the atmosphere if the check valves should fail. This unit
shall include tightly closed shut-off valves located at each end of the device and each
device shall be fitted with properly located test cocks.
(3) Atmospheric vacuum breaker. This device is operated by atmospheric pressure in
combination with the force of gravity. The unit is designed to work on a vertical plane
only. The one moving part consists of a poppet valve which must be carefully sized to
the slide in a guided chamber and effectively shut off the reverse flow of water when
there is a negative pressure.
Supp. No. 41 1284.4
UTILITIES § 22-56
(4) Pressure vacuum breaker. This device is similar to an atmospheric vacuum breaker,
except that the checking unit "poppet valve" is activated by a spring and does not
require a negative pressure to react.
(5) Double check -valve assembly. An assembly composed of two (2) single, independently
acting drip -tight check valves, including tightly closing shut-off valves at each end and
suitable connections for testing the water tightness of each check valve.
(c) The city or its representatives with proper identification may enter at any time inside or
outside of any building or buildings for the purpose of checking for cross connections. If a cross
connection or potential cross connection is found, the city shall have the right to discontinue
water services until the problem has been corrected by elimination or until a proper backflow
prevention device has been installed. All backflow prevention devices will be checked
periodically by a city representative to insure proper operation.
(d) These provisions relative to a cross connection have been established for the protection
of all the inhabitants of the city and to comply with Chapter 17-22.107(4), Florida Adminis-
trative Code.
(e) All water services and plumbing fixtures shall conform to the latest edition of the City
of Atlantic Beach Cross Connection Control Policy Manual.
(Ord. No. 80-92-50, § 1, 10-12-92)
Secs. 22-44-22-55. Reserved.
ARTICLE III. WASTEWATER SYSTEM*
DIVISION 1. GENERALLY
Sec. 22-56. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
ascribed to them by this section:
Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5) days
at twenty (20) degrees Celsius expressed in milligrams per liter.
Building drain shall mean that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, and shall terminate five (5) feet or one and
five -tenths (1.5) meters outside the outer face of the building wall.
Building sewer shall mean the extension from the building drain to the public sewer or other
place of disposal, and shall commence five (5) feet or one and five -tenths (1.5) outside the outer
wall of the building.
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 41 1284.5
§ 22-56 ATLANTIC BEACH CODE
City manager shall mean the city manager of the city or his authorized deputy agency, or
representative, such as the city engineer, public works superintendent, superintendent of
wastewater facilities, etc.
Combined sewer shall mean a sewer intended to receive both wastewater and storm or
surface water. Such combined sewer shall be prohibited.
Easement shall mean an acquired legal right for the specific use of land owned by others.
Floatable oil shall mean oil, fat, or grease in a physical state such that it will separate by
gravity from wastewater by treatment in an approved pretreatment facility. Wastewater
Supp. No. 41 1284.6
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. 41 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)
Secs. 22-338-22-349. Reserved.
ARTICLE V. RECLAIMED WATER SYSTEM
Sec. 22-350. Definitions.
Whenever used in this article, the following words and terms shall have the following
meanings:
Applicant shall mean a potential customer or developer or ,o,n authorized agent of ^ Nct.,nt.ul
customer or developer.
Backflow prevention device means a device designed to prevent contamination of the potable
water system from any other piping system such as the reclaimed water system, as described
in section 22-43.
Cross connection means any physical connection or arrangement which would allow the
transfer of fluids, including waters, between the city's potable water supply and distribution
system, the reclaimed water supply and distribution system or any other nonpotable water
source, as detailed in section 22-42.
Customer means the actual user of the reclaimed water.
Director of public utilities (also referred to as the director) means the individual responsible
for the technical and operational activities of the public utilities department of the city.
Discontinuation of service means cessation of a service or an appropriate method to ensure
that no service can be received.
District means St. Johns River Water Management District.
Supp. No. 41 1308
UTILITIES § 22-351
Dual distribution system means a two -component water distribution system designed to
serve an area. One (1) component delivers potable water for drinking, cooking, bathing and
other uses requiring potable water. The other component delivers reclaimed water for
irrigation and other uses not requiring potable water. While these two (2) systems may parallel
one another and both may serve a property, there is no interconnection and their separation
is strictly defined and carefully monitored.
FAC means Florida Administrative Code.
FDEP means the Florida Department of Environmental Protection, or its successor in
function.
Irrigation system means the customer's in -ground piped system which delivers water to
spray or drip -type irrigation devices located throughout the property.
Reclaimed water means effluent from city -owned and operated wastewater treatment
plants, which effluent has been treated to standards in compliance with the requirements of
the FDEP.
Reclaimed water charges means all other charges relating to providing or discontinuing
reclaimed water service.
Reclaimed water rates means the monthly charges for reclaimed water service, which have
been established by and may be changed by ordinance of the city commission.
Reclaimed water reuse system means those reclaimed water distribution mains, lines,
fittings, valves, and appurtenances installed in public right-of-way or utility easements, which
are owned by the city.
Reuse means the deliberate application of reclaimed water, in compliance with FDEP and
district rules, for a beneficial purpose.
Service line means that conduit for reclaimed water from the distribution main to the
customers' meters.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-351. Purpose, public policy and benefits.
The purpose of this article is to create a reclaimed water reuse program for the city's water
and sewer service area; to encourage the use of reclaimed water in lieu of potable water,
groundwater or surface waters in suitable applications; to curtail the discharge of treated
effluent from the wastewater treatment plant to surface waters; and to protect the health and
safety of the community and users of the potable water system by promoting proper use and
operation of a reclaimed water system.
The commission declares as a matter of public policy that encouraging and promoting water
conservation and the reuse of reclaimed water are local objectives and are considered to be in
the public interest.
Supp. No. 41 1309
§ 22-351 ATLANTIC BEACH CODE
The benefits to be derived from the success of this program are several, and include
conservation of the potable water supply, reuse of a valuable water resource, reduction in
nutrient discharge to surface waters, and utilization of an environmentally safe and sensible
method to reuse reclaimed water.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-352. Relationship to other laws.
Rule 62-610 of the Florida Administrative Code, titled "Reuse of Reclaimed Water and Land
Application," is hereby adopted by reference in this article. In case of a conflict between any
provision of chapter [rule] 62-610 and the city's reclaimed water policies and regulations, the
more stringent provision shall prevail.
No part of this chapter shall be construed in a manner that conflicts with the exclusive
authority of the Florida Department of Environmental Protection and the St. Johns River
Water Management District to regulate the consumptive use of water under F.S. Ch. 373, Pt.
II.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-353. Connection required.
(a) Where available, for new construction and where an irrigation system will be installed,
the owner of every lot or parcel of land within the city's water and sewer service area developed
for residential, public, commercial, office, industrial, warehousing, or multifamily use shall
connect or cause to be connected with the reclaimed water distribution system. All connections
shall be made in accordance with regulations of the city and FDEP and approved by the
director. This provision shall not be construed to entitle any person to cross the property of
another to make such connection. Existing water customers shall have the option to connect to
the reclaimed water system.
(b) The reclaimed water distribution system is deemed available to the owner, tenant or
occupant of each lot or parcel of land that abuts upon a street, lot or other public way or place
containing such system; and, where the distance from the reclaimed water distribution system
and the property line is less than or equal to the distances set out in Table 1, below. Reclaimed
water demand for a development shall be calculated based on a minimum irrigation rate of one
(1) inch per week for the irrigable area of the property. The irrigation rate equals three
thousand nine hundred (3,900) gallons per day per acre of irrigable area.
Supp. No. 41 1310
UTILITIES
Table 1.
Irrigation Demand
Development
(gallons per day)
Max. Distance from the Development Property
Line to the Reclaimed Water Facility
(feet)
<25,000
100
25,000-50,000
300
50,100-100,000
600
>100,000
1,350
§ 22-355
(c) Single-family home developments approved for construction, shall include reclaimed
water distribution mains and shall connect to the system when reclaimed water service
becomes available. Such reclaimed water lines (or dry lines in the event reclaimed water
service is not then presently available at the time of the issuance of a certificate of occupancy
or completion) shall be installed in such a manner as to provide service to the entire property
of the development. These lines shall be installed during the initial placement of other
required infrastructure items and prior to issuance of a certificate of occupancy for the specific
site or development. The cost of installing this system shall be borne by the developer.
(d) All connections to the reclaimed water system shall be metered.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-354. Design, construction and ownership of new reclaimed water facilities.
(a) All reclaimed water facilities shall be designed and constructed according to applicable
state and local policies, standards and specifications.
(b) The applicant shall design, permit and construct, at the applicant's expense, the off-site
reclaimed water mains, valves and accessories necessary to extend the provider's reclaimed
water service to the development according to the criteria in Table 1.
(c) The applicant shall design, permit and construct at the applicant's expense, the
reclaimed water distribution system to provide reclaimed water service to individual custom-
ers within the development.
(d) All reclaimed water distribution systems and facilities constructed by an applicant in
public easements or rights-of-way shall be conveyed to the city for operations and maintenance
according to existing city policies for acceptance of water and wastewater facilities.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-355. Use of reclaimed water.
(a) All uses of reclaimed water shall be in accordance with applicable rules of the Florida
Department of Environmental Protection and other regulatory agencies having jurisdiction.
(b) Each customer shall be solely responsible for maintaining the customer's reclaimed
water system in good working condition.
Supp. No. 41 1311
§ 22-355 ATLANTIC BEACH CODE
(c) The city shall monitor reclaimed water connections on its system so as not to exceed the
capacity of the system. While it is the intent of the commission that the city shall maximize the
reuse of reclaimed water, the commission recognizes that, at times, it may be necessary to limit
a customer's use of reclaimed water. Notwithstanding any provision of this article, the city
makes no representation about the continuing availability or implementation of reclaimed
water service.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-356. Cross connection control.
(a) Cross connections between reclaimed water facilities and potable water facilities are
prohibited. The presence of a cross connection on a customer's property shall constitute a
violation of this article and shall be grounds for immediate discontinuance of either the potable
or reclaimed water service to the customer's premises.
(b) On all premises where reclaimed water service or another source of nonpotable water
exists, the public potable water supply shall be protected by an approved backflow prevention
device installed on the customer's side of the city potable water service. On all premises where
there is a reclaimed water supply or other auxiliary water supply, there shall be no cross
connection between such supply and the consumer's city supplied potable water system. All
backflow prevention devices and materials installed for cross connection protection shall be
subject to the approval of the city manager or his designee and shall be installed at the
customer's expense.
(c) Where a cross connection is found to exist it shall be disconnected by the customer. If the
customer fails to disconnect immediately, the city shall immediately discontinue potable water
dnu rec,iainied water service at the point of supply. Before reconnection of service is granted,
the public water system shall be reinspected to verify that cross connection has been
eliminated, that it has been protected against the possibility of future illegal cross connections,
and that a proper backflow prevention device has been installed, tested and accepted to the city
manager or his designee. Additional backflow prevention devices may be required as specified
by the city manager or his designee and installed at the customer's expense.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-357. Unauthorized work on reclaimed water facilities.
Unless expressly authorized in writing by the city, no individual or organization shall
tamper with, work on, or in any way alter or damage a reclaimed water facility. Tampering
with or working on a reclaimed water facility includes, but shall not be limited to, opening or
closing of valves, or causing any water to flow from the system. No unauthorized person shall
cut into or make any connection to the system. In addition to any penalties, the offending
person shall be liable for the cost of all charges attributable to correcting such tampering,
including attorney's fees.
(Ord. No. 80-13-83, § 1, 8-12-13)
Supp. No. 41 1312
UTILITIES § 22-361
Sec. 22-358. Inspections.
To ascertain and ensure compliance with the provisions of this article and related
regulations, the city may inspect, secure and/or disconnect any and all devices wherever
located that connect to or control any discharge from reclaimed water facilities. Inspections
may be made by authorized personnel at such times and with such frequency deemed
necessary.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-359. Restrictions on use of wells.
(a) Dual or temporary connections of wells to irrigation systems served by reclaimed water
are not permitted. Existing private irrigation systems which connect to the reclaimed water
system and are presently served by an on-site well or other water source shall disconnect the
well or other water source permanently.
(b) No potable water wells shall be permitted within seventy-five (75) feet of any areas
irrigated by reclaimed water. In addition, no potable water wells shall be allowed within
seventy-five (75) feet of any reclaimed water lines, valves or pumps.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-360. Discontinuance of service.
The city may discontinue reclaimed water service to any customer due to an infraction of the
procedures and regulations set out in this article, nonpayment of bills, for tampering with any
service, for plumbing cross connections with another water source, or for other reasons that are
detrimental to the system. The city has the right to cease service until the condition is
corrected and all costs due the city are paid. These costs may include delinquent billings,
connection charges, and payment for any damage caused to the system. Should a discontinued
service be turned on without authorization, then the utility may remove the service and make
an additional charge as established by current city ordinances or fee resolutions.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-361. City's right to refuse service.
(a) No connection shall be made to the reclaimed water system unless specifically approved
by the city manager or his/her designee.
(b) No payment of any costs, submittal of any application or any other act to receive
reclaimed water reuse service shall guarantee such service. The city shall have the right, at all
times, to refuse to extend services on the basis that a use is detrimental to the system; or there
is an inadequate supply of reclaimed water; or lack of payment of required service charges; or
for any other reason which, in the judgment of the city manager, will cause the extension not
to be in the best interests of the city.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-362. Reserved.
Supp. No. 41 1313
§ 22-363 ATLANTIC BEACH CODE
Sec. 22-363. City not liable for interruptions in service; right of city to restrict use
of water.
The city shall not be liable for any damage resulting from bursting of any main, service pipe
or cock, or by shutting off of reclaimed water for repairs, extensions or connections, or from the
accidental failure of the reclaimed water supply from any cause whatsoever. In cases of
emergency, the city shall have the right to restrict the use of reclaimed water in any reasonable
manner for the protection of the city and its reclaimed water supply.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-364. Billing and collection of fees.
(a) The reclaimed water fees and charges shall be billed and collected with the monthly
utility bill for those properties utilizing city utilities. The reclaimed water fees and charges
shall be billed and collected separately for those developed lots or parcels and owners thereof
not utilizing other city utilities.
(b) All bills for reclaimed water fees and charges shall be rendered monthly and shall be
payable at the same time and in the same manner and subject to the same penalties as utility
bills of the city under the terms and conditions of the Code of the city.
(Ord. No. 80-13-83, § 1, 8-12-13)
Sec. 22-365. Charges for reclaimed water service.
The reasonable rates, rentals, fees and other charges for the use of the services and facilities
of the city reclaimed water system are hereby found and determined to be and are hereby fixed
and established as follows:
(I) T'fonthly reclaimec water base facility charges. for customer inside
t�
tet. �.. .., ��. customers u o�u$�we: the city. A monthly
reclaimed water base facility charge will be levied upon each connection in accordance
with the following:
Residential
All residential customers
$8.97
Reclaimed water base facility charges for the commercial classifications are based
upon the meter size and they will become effective as follows:
Meter Size in Inches
518 or 3/4
$8.97
1
11.22
11/2
22.43
2
35.85
3
71.73
4
112.08
6
224.17
8
358.67
Supp. No. 41
1314
UTILITIES
§ 22-425
(2) Schedule of reclaimed water volume charges for customers inside the city.
a. Residential and commercial units. There are hereby established volume charges
for residential and commercial properties as follows:
Residential, Cost
per 1,000 gallons
Commercial, Cost
per 1,000 gallons
$1.67
$1.67
b. Schedule of reclaimed water bulk rate charges for large users with minimum
meter size of four (4) inches. Meter size shall be based a minimum adjusted
average daily flow of fifteen (15) percent of the "safe maximum operating
capacity" of Class II Turbine Meters as specified in AWWA Standard C701. There
is hereby established a volume charge for all large users:
Bulk Rate, Cost per 1,000 gallons
$0.30
(3) Customers outside the city. The rates applicable to customers outside of the city shall
be one and one-quarter (1.25) times the rates above.
(Ord. No. 80-14-85, § 1, 7-28-14)
Secs. 22-366-22-425. Reserved.
{The next page is 1351]
Supp. No. 41 1315
Chapter 24
LAND DEVELOPMENT REGULATIONS*
Article I. In General
Sec. 24-1. Adoption and authority.
Sec. 24-2. Purpose and intent.
Sec. 24-3. Jurisdiction.
Sec. 24-4. Amendments.
Sec. 24-5. Legal status and consistency with the comprehensive plan.
Secs. 24-6-24-15. Reserved.
Article II. Language and Definitions
Sec. 24-16. Construction of language.
Sec. 24-17. Definitions.
Secs. 24-18-24-30. Reserved.
Article III. Zoning Regulations
Sec. 24-31. Scope.
Secs. 24-32-24-45. Reserved.
Sec. 24-46.
Sec. 24-47.
Division 1. In General
Division 2. Administration
City commission.
Community development board.
*Editor's note -Section 2(Exh. A) of Ord. No. 90-10-212, adopted March 8, 2010, repealed
and replaced former Ch. 24, Arts. I -VI, §§ 24-1-24-284, in its entirety. Former Ch. 24
pertained to zoning, subdivision and land development regulations and derived from Ord. No.
90-03-184, § 2, adopted Dec. 8, 2003; Ord. No. 90-04-185, § 1, adopted June 28, 2004; Ord. No.
90-06-188, § 1, adopted March 13, 2006; Ord. No. 90-06-189, § 1, adopted Feb. 27, 2006; Ord.
No. 90-06-193, § 1, adopted May 22, 2006; Ord. No. 90-06-195, § 1, adopted Sept. 11, 2006; Ord.
No. 90-06-196, § 1, adopted Nov. 13, 2006; Ord. No. 90-06-197, § 1, adopted Dec. 11, 2006; Ord.
No. 90-07-198, § 1, adopted Jan. 8, 2007; Ord. No. 90-07-199, § 1(Exh. A), adopted April 23,
2007; Ord. No. 90-07-200, §§ 1 and 2(Exh. A), adopted July 9, 2007; Ord. No. 90-07-201,
§ 1(Exh. A), adopted Aug. 13, 2007; Ord. No. 90-08-203, § 1(Exh. A), adopted March 24, 2008;
Ord. No. 90-08-206, §§ 1(b) and (c), adopted Aug. 25, 2008; Ord. No. 90-09-208, § 1, adopted
Sept. 14, 2009; Ord. No. 90-09-210, § 1, adopted Sept. 28, 2009; and Ord. No. 90-09-211, § 1,
adopted Oct. 26, 2009. See Code Comparative Table for complete history derivation.
Cross references -Any ordinance amending the zoning map saved from repeal, § 1-5(9);
buildings and building regulations, Ch. 6; flood hazard areas, Ch. 8; mobile homes and
recreational vehicles, Ch 10; planning/zoning appeals, Ch. 14; signs and advertising struc-
tures, Ch. 17; streets, sidewalks and other public places, Ch. 19.
State law reference -Local Government Comprehensive Planning Act, F.S. § 163.3161 et
seq.
Supp. No. 41 1403
ATLANTIC BEACH CODE
Sec. 24-48. Community development director.
Sec. 24-49. Appeals.
Sec. 24-50. Vested rights.
Sec. 24-51. Notice of public hearings.
Secs. 24-52-24-60. Reserved.
Division 3. Application Procedures
Sec. 24-61. Amendment and repeal.
Sec. 24-62. Change in zoning district classification.
Sec. 24-63. Use -by -exception.
Sec. 24-64. Variances.
Sec. 24-65. Development, construction and storage within zoning districts.
Sec. 24-66. Stormwater, drainage, storage and treatment requirements.
Sec. 24-67. Development review and issuance of development permits.
Sec. 24-68. Land clearing and alteration of site grade or topography.
Sec. 24-69. Fees.
Secs. 24-70-24-80. Reserved.
Division 4. General Provisions and Exceptions
Sec. 24-81. Rules for determining boundaries.
Sec. 24-82. [General restrictions upon land, buildings and structures.]
Sec. 24-83. Required yards and permitted projections into required yards.
Sec. 24-84. Double frontage lots.
Sec. 24-85. Nonconforming lots, uses and structures.
Sec. 24-86. Special treatment of lawfully existing residential uses affected by future
amendments to the official zoning map or the land development regulations.
Sec. 24-87. Replacement of lawfully existing residential uses including those damaged or
destroyed by fire, weather related or other unintended acts.
Scc. 24 88. Dcsign and iVYst Y- action `dllf, , foi LWO-1dlYlly (duplex) dwellings and
townhouse units.
Sec. 24-89. Garage apartments (as allowed in combination with private garages).
Secs. 24-90-24-100. Reserved.
Division 5. Establishment of Districts
Sec. 24-101. Intent and purpose.
Sec. 24-102. Zoning districts established.
Sec. 24-103. Conservation district (CON).
Sec. 24-104. Residential, single -family -Large lot district (RS -1).
Sec. 24-105. Residential, single-family district (RS -1).
Sec. 24-106. Residential, single-family district (RS -2).
Sec. 24-107. Residential, two-family district (RG).
Sec. 24-108. Residential, multi -family district (RG -M).
Sec. 24-109. Commercial, professional office (CPO).
Sec. 24-110. Commercial limited district (CL).
Sec. 24-111. Commercial general districts (CG).
Sec. 24-112. Light industrial and warehousing districts (LIW).
Sec. 24-113. Special purpose district (SP).
Sec. 24-114. Central business district (CBD).
Supp. No. 41 1404
LAND DEVELOPMENT REGULATIONS
Sec. 24-115. Reserved.
Division 6. Special Planned Area District (SPA)
Sec. 24-116. Purpose and intent.
Sec. 24-117. Special planned area district defined.
Sec. 24-118. Special planned area district required.
Sec. 24-119. Permitted uses and site requirements.
Sec. 24-120. Process for rezoning to special planned area district.
Sec. 24-121. Development standards and criteria.
Sec. 24-122. Master site development plan required.
Sec. 24-123. Platting.
Sec. 24-124. Modifications to previously approved special planned area districts or master
site development plans or planned unit developments (PUD).
Sec. 24-125. Expiration of time limits provided in ordinance.
Sec. 24-126. Effect on previously approved planned unit developments (PUDs).
Secs. 24-127-24-150. Reserved.
Division 7. Supplementary Regulations
Sec. 24-151. Accessory uses and structures.
Sec. 24-152. Child care.
Sec. 24-153. Churches.
Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise
and business activities outside of enclosed buildings.
Sec. 24-155. Establishments offering live entertainment.
Sec. 24-156. Exceptions to height limitations.
Sec. 24-157. Fences, walls and similar structures.
Sec. 24-158. Dog -friendly restaurants.
Sec. 24-159. Home occupations.
Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above -ground
tanks.
Sec. 24-161. Off-street parking and loading .
Sec. 24-162. Parking lots.
Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and
equipment and repair of vehicles in residential zoning districts.
Sec. 24-164. Swimming pools.
Sec. 24-165. Service stations.
Sec. 24-166. Signs.
Sec. 24-167. Required buffers between residential and nonresidential uses.
Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation.
Secs. 24-169, 24-170. Reserved.
Sec. 24-171. Commercial corridor development standards.
Sec. 24-172. Residential development standards.
Sec. 24-173. Neighborhood preservation and property maintenance standards.
Sec. 24-174. Boats and watercraft.
Sec. 24-175. Reserved.
Division 8. Landscaping
Sec. 24-176. Definitions.
Supp. No. 41 1404.1
ATLANTIC BEACH CODE
Sec. 24-177. Applicability; requirements; buffer design standards; maintenance; protection
and visibility.
Division 9. Florida -Friendly Landscaping and Landscape Irrigation
Sec. 24-178. Purpose and intent.
Sec. 24-179. Florida -friendly landscaping defined.
Sec. 24-180. Definitions.
Sec. 24-181. [General provisions.]
Division 10. Florida -Friendly Use of Fertilizer on Urban Landscapes
Sec. 24-182. [Florida -friendly use of fertilizer on urban landscapes.]
Secs. 24-183-24-185. Reserved.
Article IV. Subdivision and Site Improvement Regulations
Division 1. Generally
Sec. 24-186. Purpose and intent.
Sec. 24-187. Subdivision and subdivision improvements defined.
Sec. 24-188. Requirements for approval and recording of a final subdivision plat or a replat.
Sec. 24-189. Exemptions from the requirement for approval and recording of a final
subdivision plat or replat.
Sec. 24-190. Multiple lots and parcels treated as a single development parcel.
Sec. 24-191. Waiver.
Sec. 24-192. Vacation of previously recorded subdivision plats.
Secs. 24-193-24-200. Reserved.
Division 2. Application Procedure
Sec. 24-201. General requirements.
Sec. 24-202. Review and approval procedure.
Sec. 24-203. Review of proposed plat or changes to a previously recorded plat.
Sec. 24-204. Proposed plat review and approval.
Secs. 24-205-24-220. Reserved.
Division 3. Required Improvements
Sec. 24-221. Generally.
Secs. 24-222-24-230. Reserved.
Division 4. Assurance for Completion and Maintenance of Improvements
Sec. 24-231. Commencement of construction.
Sec. 24-232. Performance security.
Sec. 24-233. Maintenance security.
Sec. 24-234. Inspections.
Sec. 24-235. Issuance of certificate of completion.
Secs. 24-236-24-250. Reserved.
Supp. No. 41 1404.2
LAND DEVELOPMENT REGULATIONS
Division 5. Design and Construction Standards
Sec. 24-251. General requirements.
Sec. 24-252. Streets.
Sec. 24-253. Driveways.
Sec. 24-254. Easements.
Sec. 24-255. Blocks.
Sec. 24-256. Lots.
Sec. 24-257. Provision for required recreation.
Sec. 24-258. Required monumentation.
Sec. 24-259. Clearing and grading of rights-of-way.
Sec. 24-260. Centralized sewer and water services.
Sec. 24-261. Installation of septic tanks, private wastewater, and onsite sewage treatment
and disposal systems.
Article V. Environmental and Natural Resource Regulations
Division 1. Wellhead Protection
Sec. 24-262. Purpose and intent.
Sec. 24-263. Definitions.
Sec. 24-264. Establishing and mapping wellhead protection areas.
Sec. 24-265. Investigations and monitoring.
Sec. 24-266. Prohibitions in wellhead protection areas.
Sec. 24-267. Requirements within wellhead protection areas.
Sec. 24-268. Notice of release or spill of contaminants in wellhead protection areas.
Sec. 24-269. Authority and responsibilities of the city.
Division 2. Protection of Wetland, Marsh and Waterway Resources
Sec. 24-270. Purpose and intent.
Sec. 24-271. Definitions.
Sec. 24-272. Environmental assessment and protection of wetlands and environmentally
sensitive areas.
Article VI. Concurrency Management System
Division 1. Concurrency Management System
Sec. 24-273. Purpose and intent.
Sec. 24-274. Administrative responsibility.
Sec. 24-275. Applicability.
Sec. 24-276. Projects not requiring a concurrency certificate.
Sec. 24-277. Application and review and approval requirements.
Sec. 24-278. Timing and completion of required public facility improvements.
Sec. 24-279. Capacity and level of service inventory.
Supp. No. 41 1404.3
LAND DEVELOPMENT REGULATIONS § 24-4
ARTICLE I. IN GENERAL
Sec. 24-1. Adoption and authority.
This chapter, together with all future amendments hereto, is adopted under the terms
granted by the Charter. The city commission does hereby exercise the power to classify land
within the jurisdiction of the City of Atlantic Beach into zoning districts; to review, approve or
deny requests to change zoning district classifications; requests for uses -by -exception; requests
for variances and waivers to certain provisions of these regulations; to hear appeals on any
decisions; to review and approve or deny plats for the subdivision of land and to make
comprehensive plan amendments.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-2. Purpose and intent.
The purpose of this chapter, the zoning districts and regulations set forth herein is to
provide for orderly growth; to encourage the most appropriate use of land; to protect the
natural environment; to protect and conserve the value of property; to prevent the overcrowd-
ing of land; to promote, protect and improve the health, safety, comfort, good order,
appearance, convenience, and general welfare of the public; and to help accomplish the goals
and objectives of the comprehensive plan. Further:
(a) In interpreting and applying the provisions of this chapter, these provisions shall be
held to be the minimum requirements for the promotion of the health, safety, and
general welfare of the community.
(b) It is not intended by this chapter to interfere with or abrogate or annul any easements
or other private agreements between parties. Where any provision of this chapter
imposes restrictions that are different from those imposed by any other provision of
this chapter, or any other ordinance, rule or regulation, or other provision of law,
whichever provisions are the more restrictive or impose higher standards shall control.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-3. Jurisdiction.
The provisions of this chapter shall apply to all lands, buildings, structures and to the uses
within the jurisdiction of the City of Atlantic Beach. No land, building or structure shall be
used, moved, added to or enlarged, altered or maintained except in conformance with the
provisions of this chapter and in conformance with the comprehensive plan.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-4. Amendments.
For the purpose of providing for the public health, safety and general welfare of the City of
Atlantic Beach, the city commission may, from time to time, amend the provisions of this
Supp. No. 41 1404.5
LAND DEVELOPMENT REGULATIONS § 24-82
(7) Front or side entrance garage (if attached).
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other
accessory building or vehicle shall be used as a residence, temporarily or permanently, nor
shall any such residence of temporary character be permitted in any zoning district.
(j) Minimum floor area for residential dwelling units.
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground
floor and not less than a total of one thousand (1,000) square feet of enclosed living
area.
(3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of
enclosed living area.
(4) Apartment dwelling unit:
a. Efficiency with bedroom area combined with other living areas, four hundred
eighty (480) square feet of enclosed living area.
b. One (1) bedroom with individual bedroom area permanently partitioned from
other living areas, five hundred seventy-five (575) square feet of enclosed living
area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned
from the living areas, seven hundred (700) square feet of enclosed living area.
d. Three (3) bedrooms with each individual bedroom area permanently partitioned
from other living areas, eight hundred forty (840) square feet of enclosed living
area.
e. Four (4) bedrooms with each individual bedroom area permanently partitioned
from other living areas, nine hundred ninety (990) square feet of enclosed living
area.
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living
per additional room.
(k) Flood protection. All lots and building sites shall be developed such that habitable space
is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean
sea level. Flood protection provisions shall be approved by the designated administrative
official to ensure that grade changes will not alter the natural drainage or adversely affect
other areas downstream through added runoff or adverse impacts to water quality.
(1) Short-term rentals prohibited. Private homes including, but not limited to, single-family
homes, town -homes, duplexes, multi -family dwellings including condominiums and the like,
shall not be rented or leased for a term or period of less than ninety (90) days. No person(s)
shall offer or advertise a private home for rent or lease for a term or period of less than ninety
(90) days.
(Ord. No. 90-10-212, § 2(Exh A), 3-8-10)
Supp. No. 41 1449
§ 24-83 ATLANTIC BEACH CODE
Sec. 24-83. Required yards and permitted projections into required yards.
(a) Required yards. Unless otherwise specified in this chapter, every part of a required yard
shall be open and unobstructed from the established grade to the sky, except for structures
that do not exceed thirty (30) inches in height.
(b) Structural projections. Architectural features such as eaves and cornices, and cantile-
vered bay windows, open balconies and porches may project a distance not to exceed forty-eight
(48) inches into required front and rear yards. Such balconies and porches may be covered, but
shall not be enclosed in any manner, except that balconies and porches within rear yards may
be enclosed with screening only. Eaves and cornices, cantilevered bay windows, chimneys, and
architectural elements intended to create design relief along the side wall plane may project
into required side yards, but not beyond twenty-four (24) inches.
(c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps,
compressors, or similar equipment that makes excessive noise, shall not be located closer than
five (5) feet from any lot line where such equipment will be located adjacent to the interior
living area of an existing residence. This setback requirement shall not apply where such
equipment is to be located adjacent to a neighboring garage, storage or utility area or other
similar equipment. It is the intent of this provision to require placement of such equipment in
a location that does not unreasonably disturb neighbors. This requirement shall not apply to
such equipment lawfully installed prior to the effective date of these land development
regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-84. Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required front yard shall be provided
on each street, except for lots as set forth below and as set forth in section 24-88.
(b) Special treatment of ocean -front lots. For lots having frontage on the Atlantic Ocean, the
front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall
be measured from the lot line parallel to or nearest the ocean.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-14-222, § 1, 4-14-14)
Sec. 24-85. Nonconforming lots, uses and structures.
(a) Intent. Within the established zoning districts, there exist lots, structures and uses of
land that were lawful prior to the adoption or amendment of these land development
regulations. Such lots, uses and structures would be prohibited, restricted or regulated
through the provisions of this chapter or the adopted comprehensive plan. It is the intent of
this section to recognize the legal rights entitled to property owners of existing nonconforming
lots, uses and structures, and to permit such nonconformities to continue in accordance with
Supp. No. 41 1450
LAND DEVELOPMENT REGULATIONS § 24-182
hyrdozone plan may be depicted on a survey or on a site plan prepared by the owner
or the owner's agent indicating area(s) to be irrigated, location and specifications of
particular low, moderate and high water use areas on the plan with the percentage of
the landscaped area using high volume irrigation indicated.
Recognizing that homeowners often install their own irrigation systems, a survey
accurate hydrozone plan shall not be required in such cases, but the hydrozone plan
should generally depict all hydrozones, as described in preceding paragraph (b)(2). At
a minimum, high water use areas using high volume irrigation must be on a separate
irrigation zone.
(2) All other development, except as described by the preceding paragraph, shall provide
a landscape plan as required by section 24-177. Hydrozone details may be shown on
the landscape plan or on a separate sheet drawn at the same scale as the landscape
plan. In addition to the landscape plan requirements of section 24-177, the hydozone
plan shall delineate landscape areas, major landscape features, and plant selections
and low, medium and high water Hydrozones consistent with preceding paragraph (b).
(3) Prior to receiving final landscape plan approval, final inspection or certificate of
occupancy as may be applicable, written verification must be provided by a properly
licensed qualified contractor, or the property owner, verifying that all irrigated areas
are consistent with this division.
(Ord. No. 90-10-213, § 1(Exh. A), 10-25-10)
DIVISION 10. FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES
Sec. 24-182. [Florida -friendly use of fertilizer on urban landscapes.]
(a) Findings. As a result of impairment to the City of Atlantic Beach's surface waters
caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface
water within the boundaries of the City of Atlantic Beach, the governing body of the City of
Atlantic Beach has determined that the use of fertilizers on lands within the City of Atlantic
Beach creates a risk to contributing to adverse effects on surface and/or ground water.
Accordingly, the City Commission of the City of Atlantic Beach finds that management
measures contained in the most recent edition of the "Florida -Friendly Best Management
Practices for Protection of Water Resources by the Green Industries, 2008," may be required
by this division.
(b) Purpose and intent. This division regulates the proper use of fertilizers by any
applicator; requires proper training of commercial and institutional fertilizer applicators;
establishes training and licensing requirements; establishes a prohibited application period;
specifies allowable fertilizer application rates and methods, fertilizer -free zones, low mainte-
nance zones, and exemptions. The division requires the use of best management practices
which provide specific management guidelines to minimize negative secondary and cumula-
tive environmental effects associated with the misuse of fertilizers. These secondary and
cumulative effects have been observed in and on the City of Atlantic Beach's natural and
Supp. No. 41 1514.3
§ 24-182 ATLANTIC BEACH CODE
constructed stormwater conveyances, rivers, creeks, ponds, and other water bodies. Collec-
tively, these water bodies are an asset critical to the environmental, recreational, cultural and
economic well-being of the City of Atlantic Beach residents and the health of the public.
Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by
natural and constructed stormwater conveyances. Regulation of nutrients, including both
phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and
habitat quality.
(c) Definitions. For this division, the following terms shall have the meanings set forth in
this section unless the context clearly indicates otherwise.
Administrator means the City of Atlantic Beach City Manager, or an administrative official
of the City of Atlantic Beach government designated by the city manager to administer and
enforce the provisions of this division.
Application or apply means the actual physical deposit of fertilizer to turf or landscape
plants, whether solid or liquid product is used.
Applicator means any person who applies fertilizer on turf and/or landscape plants in the
City of Atlantic Beach.
Board or governing board means the City Commission of the City of Atlantic Beach, Florida.
Best management practices means turf and landscape practices or combination of practices
based on research, field-testing, and expert review, determined to be the most effective and
practicable on -location means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural resources.
Code enforcement officer, official, or inspector means any designated employee or agent of the
(Jity of Atlantic Beach whose duty it is to enforce codes and ordinances enacted by the City of
Atlantic Beach.
Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any person
who applies fertilizer for payment or other consideration to property not owned by the person
or firm applying the fertilizer or the employer of the applicator.
Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized
turf, or landscape plants.
Fertilizer means any substance or mixture of substances that contains one (1) or more
recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or
provides other soil enrichment, or provides other corrective measures to the soil.
Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
Institutional applicator means any person, other than a private, non-commercial or a
commercial applicator (unless such definitions also apply under the circumstances), that
applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional
Supp. No. 41 1514.4
LAND DEVELOPMENT REGULATIONS § 24-182
applicators shall include, but shall not be limited to, owners, managers or employees of public
lands, schools, parks, religious institutions, utilities, industrial or business sites and any
residential properties maintained in condominium and/or common ownership.
Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf).
Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization,
watering, mowing, etc.
Person means any natural person, business, corporation, limited liability company, part-
nership, limited partnership, association, club, organization, and/or any group of people acting
as an organized entity.
Prohibited application period means the time period during which a flood watch or warning,
or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any
portion of Atlantic Beach, issued by the National Weather Service, or if heavy rainfall is likely.
(World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to
two (2) inches in a twenty -four-hour period. http://severe.worldweather.org/rain/, and forecast
keyword "likely").
The City of Atlantic Beach Approved Best Management Practices Training Program means
a training program approved per F.S. § 403.9338, or any more stringent requirements set forth
in this article that includes the most current version of the Florida Department of Environ-
mental Protection's "Florida -Friendly Best Management Practices for Protection of Water
Resources by the Green Industries, 2008," as revised, and approved by the City of Atlantic
Beach Public Works Director.
Saturated soil means a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this division, soils shall be considered saturated if standing
water is present or the pressure of a person standing on the soil causes the release of free
water.
Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen
means nitrogen in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant longer than a reference rapid or quick
release product.
Turf, sod, or lawn means a piece of grass -covered soil held together by the roots of the grass.
Urban landscape means pervious areas on residential, commercial, industrial, institutional,
highway rights-of-way, or other nonagricultural lands that are planted with turf or horticul-
tural plants.
(d) Applicability. This division shall be applicable to and shall regulate any and all
applicators of fertilizer and areas of application of fertilizer within the area of the City of
Atlantic Beach, unless such applicator is specifically exempted by the terms of this division
from the regulatory provisions of this division. This division does not restrict any homeowner
Supp. No. 41 1514.5
§ 24-182 ATLANTIC BEACH CODE
or residents from applying fertilizers on their landscape as they deem necessary, but they are
strongly recommended to follow the guidelines included herein. This division shall be
prospective only, and shall not impair any existing contracts.
(e) Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen
and/or phosphorus to turf and/or landscape plants during the prohibited application period, or
to saturated soils.
(f) Fertilizer free zones. Fertilizer shall not be applied within ten (10) feet of any pond,
stream, watercourse, pond, lake, canal, or wetland as defined by the Florida Department of
Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a
seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply
defined edge, is used, in which case a minimum of three (3) feet shall be maintained. If more
stringent City of Atlantic Beach Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. Newly planted turf andlor landscape
plants may be fertilized in this zone only for a sixty-day period beginning thirty (30) days after
planting if need to allow the plants to become well established. Caution shall be used to
prevent direct deposition of nutrients into the water.
(g) Low maintenance zones. A voluntary ten -foot low maintenance zone is strongly recom-
mended, but not mandated, from any pond, stream, water course, lake, wetland or from the top
of a seawall. A swale/berm system is recommended for installation at the landward edge of this
low maintenance zone to capture and filter runoff. If more stringent City of Atlantic Beach
Code regulations apply, this provision does not relieve the requirement to adhere to the more
stringent regulations. No mowed or cut vegetative material may be deposited or left remaining
in this zone or deposited in the water. Care should he taken to prevent the over -spray of
aquatic weed products in this zone.
(h) Fertilizer content and application rates.
(1) Fertilizers applied to turf within the City of Atlantic Beach shall be formulated and
applied in accordance with requirements and directions provided by Rule 5E-1.003(2),
Florida Administrative Code, Labeling Requirements for Urban Turf Fertilizers.
(2) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or
sodding a site, and shall not be applied for the first thirty (30) days after seeding or
sodding, except when hydro -seeding for temporary or permanent erosion control in an
emergency situation (wildfire, etc.), or in accordance with the stormwater pollution
prevention plan for that site.
(3) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except
as provided in [subsection] (1) above for turf, or in UF/IFAS recommendations for
landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue
deficiency has been verified by an approved test.
Supp. No. 41 1514.6
LAND DEVELOPMENT REGULATIONS § 24-182
(i) Application practices.
(1) Spreader deflector shields are required when fertilizing via rotary (broadcast) spread-
ers. Deflectors must be positioned such that fertilizer granules are deflected away from
all streets, driveways and other impervious surfaces, fertilizer -free zones and water
bodies, including wetlands.
(2) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious
surfaces.
(3) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest
extent practicable.
(4) Fertilizer released on an impervious surface must be immediately contained and either
legally applied to turf or any other legal site, or returned to the original or other
appropriate container.
(5) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or water bodies.
(j) Management of grass clippings and vegetative matter. In no case shall grass clippings,
vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater
drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material
that is accidentally so deposited shall be immediately removed to the maximum extent
practicable.
(k) Exemptions. The provisions set forth above in this division shall not apply to:
(1) Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14;
(2) Other properties not subject to or covered under the Florida Right to Farm Act that
have pastures used for grazing livestock; and
(3) Any lands used for bona fide scientific research, including, but not limited to, research
on the effects of fertilizer use on urban stormwater, water quality, agronomics, or
horticulture.
0) Training.
(1) All commercial and institutional applicators of fertilizer within the City of Atlantic
Beach, shall abide by and successfully complete the six -hour training program in the
"Florida -Friendly Best Management Practices for Protection of Water Resources by the
Green Industries" offered by the Florida Department of Environmental Protection
through the University of Florida Extension "Florida -Friendly Landscapes" program,
or an approved equivalent.
(2) Private, non-commercial applicators are encouraged to follow the recommendations of
the University of Florida IFAS Florida Yards and Neighborhoods program when
applying fertilizers.
Supp. No. 41 1514.7
§ 24-182 ATLANTIC BEACH CODE
(m) Licensing of commercial applicators.
(1) Prior to 1 January 2014, all commercial applicators of fertilizer within the city limits
of Atlantic Beach, shall abide by and successfully complete training and continuing
education requirements in the "Florida -Friendly Best Management Practices for
Protection of Water Resources by the Green Industries," offered by the Florida
Department of Environmental Protection through the University of Florida IFAS
"Florida -Friendly Landscapes" program, or an approved equivalent program, prior to
obtaining a the City of Atlantic Beach Local Business Tax Certificate for any category
of occupation which may apply any fertilizer to turf and/or landscape plants. Commer-
cial fertilizer applicators shall provide proof of completion of the program to the City
of Atlantic Beach City Clerk's office within one hundred eighty (180) days of the
effective date of this division.
(2) After 31 December, 2013, all commercial applicators of fertilizer within the incorpo-
rated area of the City of Atlantic Beach, shall have and carry in their possession at all
times when applying fertilizer, evidence of certification by the Florida Department of
Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E-
14.117(18) F.A.C.
(3) All businesses applying fertilizer to turf and/or landscape plants (including but not
limited to residential lawns, golf courses, commercial properties, and multi -family and
condominium properties) must ensure that at least one (1) employee has a "Florida -
Friendly Best Management Practices for Protection of Water Resources by the Green
Industries" training certificate prior to the business owner obtaining a local business
tax certificate. Owners for any category of occupation which may apply any fertilizer
to turf and/or landscape plants shall provide proof of completion of the program to the
City of Atlantic Beach Public Works Director.
(n) Enforcement. The police department, the public works department, and the code
enforcement officer, shall enforce this chapter. All parties are authorized to sign complaints for
violation of this chapter.
(1) Violations and penalties. The violation of any provision of this chapter may be
punished by a fine as indicated below. Said fine will be imposed on the contractor
employing the applicator or lawn maintenance worker found to be in violation. Fines
will be cumulative on the contractor regardless of whether different operators are
cited.
(2) Schedule of fines. The following schedule of fines may be assessed in cases of violations
of fertilizer application or management of grass clippings and vegetative matter
requirements occurring within the city:
Supp. No. 41 1514.8
LAND DEVELOPMENT REGULATIONS § 24-187
First offense within any two-month period
Second offense within any two-month period
Third offense within any two-month period
Fourth or subsequent offense within any two-month period
$ 100.00
250.00
500.00
1,000.00
Funds generated by penalties imposed under this section shall be used by the City of
Atlantic Beach for the administration and enforcement of F.S. § 403.9337, and the correspond-
ing sections of this division, and to further water conservation and nonpoint pollution
prevention activities.
(Ord. No. 90-13-220, § 1, 1-13-14)
Editor's note—Section 24-182 was added at the editor's discretion in order to maintain the
format of the Code.
Secs. 24-183-24-185. Reserved.
ARTICLE IV. SUBDIVISION AND SITE IMPROVEMENT REGULATIONS
DIVISION 1. GENERALLY
Sec. 24-186. Purpose and intent.
As of the March 8, 2010, effective date of this amendment to the land development
regulations all areas of the city suitable for development have been previously platted. As such,
the primary purpose of this article is to provide procedures for changes to previously recorded
subdivisions (replats) and conditions for the division of existing lots, and to establish
development standards and requirements for new development or redevelopment within the
city. The provisions set forth within this article shall be construed as the design and
development standards for all new development and redevelopment within the city.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-187. Subdivision and subdivision improvements defined.
(a) Subdivision defined. For the purposes of this article, subdivision shall mean the division
of land into three (3) or more lots or parcels, which may include establishment of new streets
and alleys, stormwater facilities, infrastructure including, but not limited to, water, sewer, and
utilities. The term subdivision shall also include changes to previously recorded plats, replats
and the division of previously recorded subdivisions when three (3) or more lots or parcels are
created, and when appropriate to the context, subdivision also relates to the process
developing land.
(b) Improvements defined. For the purposes of this article, subdivision improvements may
include, but shall not be limited to street pavements, curbs and gutters, sidewalks, driveways,
alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm
Supp. No. 41 1514.9
§ 24-187 ATLANTIC BEACH CODE
sewers or drains, street names, signs, street lights, landscaping, permanent reference
monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement
as may be required by the city commission or these land development regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-188. Requirements for approval and recording of a final subdivision plat or
a replat.
(a) No building permits shall be issued for any land that has been divided, or any lot that
has been created, except in compliance with the requirements of division 2 of this article and
the requirements of Chapter 177, Part I, Florida Statutes. Approval of a final subdivision plat
or a replat shall be required when any of the following conditions result from the division of
land.
(1) The division of any land will create three (3) or more contiguous lots or parcels.
Supp. No. 41 1514.10
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. 41 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-b9 '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
80-13-83 8-12-13 1 Added 22-350-22-361,
22-363, 22-364
75-13-19 10-28-13 1 21-23
2 Added 21-38(i)
90-13-220 1-13-14 1 Added 24-182
80-14-84 2-10-14 1 22-4(e), (f)
90-14-222 4-14-14 1 Rpld 24-84(c)
80-14-85 7-28-14 1 Added 22-365
80-14-86 7-28-14 1 22-30
58-14-38 8-11-14 1 2-268(a)
Supp. No. 41 2008
CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
2 2-274
58-14-39 8-11-14 1 2-307(a), (c)
2 2-310.4
95-14-108 8-11-14 1 Added 9-1-9-7
Rpld 9-16-9-25
Added 9-17-9-24
5-14-61 9- 8-14 1 2-16
[The next page is 2043]
Supp. No. 41 2009
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 2-146
13-201 Ch. 9(note) Div. 2(note)
23.011 Ch. 14(note) 7-27
Ch. 50 2-147 20-54
24-51 Ch. 162, Pt. 1 2-146
50.041 2-147 2-147
50.051 2-147 19-8
57.105 9-7 162.01ff. 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
Supp. No. 41 2053
ATLANTIC BEACH CODE
F.S. Section F.S. Section
Section this Code Section this Code
Char., § 60 205.063 20-58
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. 327 Ch. 5(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 Ch. 373, Pt. II 22-352
205.042 20-52 373.036 8-29
205.043(2) 20-57 373.421 24-271
205.043(3) 20-57 380.04 24-17
205.053 20-54 381.006 4-29
205.053(1) 20-53 381.0065 8-29
Supp. No. 41 2054
F.S.
Section
381.031(1)(g)1
381.031(g)3
381.261
Ch. 386
Ch. 395
402.311
403.0893
403.413
403.415
403.9337
403.9338
413.08
Ch. 469
Ch. 479
479.11
Ch. 481, Pt.
482.1562(9)
Ch. 489
Ch. 496
496.01
509.233
509.233(2)
Ch. 513
513.01
Ch. 514
Ch. 538, Pt.
538.03(1)(a)
Ch. 552
Ch. 553
Ch. 553, Pt.
553.01
553.15
553.70
553.73
553.73(5)
553.73(10)(k)
Ch. 556
556.107(3)
Chs. 561-565
561.01
561.15
Ch
II
I
VII
Ch.
Ch.
Ch
STATUTORY REFERENCE TABLE
Section
this Code
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
Ch. 12(note)
2-307 563.01
24-152(d) 565.01
21-302(9), (10) Ch. 569
5-4 590.12
16-7 604.50
Ch. 11(note) Ch. 633
24-182
24-182 633.35
. 3, Art. II(note) 633.121
Ch. 6, Art. IV 633.171
(note) Ch. 650
Ch. 17(note)
20-59
17-42 650.02
24-177(b) 650.05
24-182
Ch. 6(note) 674.105
18-4(g)(6) Ch. 679, Pt. V
20-59 Ch. 705
Ch. 18(note)
24-158
24-158 705.16
Ch. 10(note)
10-1 Ch. 760
Ch. 6, Art. VI 760.20
(note)
21-61 760.22
21-60 760.23
Ch. 7(note) 760.24
2-146 760.25
Ch. 6(note) 760.29
6-21(p) 760.37
7-32 Ch. 767
6-16
6, Art. IV(note)
6, Art. III(note)
. 6, Art. II(note)
7-25 767.12
8-38 768.28
8-24.1
19-8 775.082
19-8
3-1 775.083
Ch. 3(note)
3-1 775.084
F.S.
Section
562.14(1)
562.45(2)
767.10-767.16
Supp. No. 41 2055
Section
this Code
3-2
3-2
3-4
3-5
3-6
3-4
3-4
13-14
Ch. 7(note)
8-24.1
Ch. 7(note)
7-32
2-263
Ch. 7(note)
7-27
Ch. 2, Art. VI,
Div. 2(note)
2-241
2-241
Ch. 2, Art. VI,
Div. 2(note)
13-12(a)(4)
21-63
Ch. 15,
Art. II(note)
21-24
Ch. 2,
Art. II(note)
Ch. 9(note)
Ch. 9,
Art. II(note)
9-16
9-17
9-18
9-22
9-23
9-24
Ch. 3,
Art. II(note)
4-8
4-9
4-10
4-12
2-1(b)(1)
19-8
2-310.11
4-12
2-310.11
4-12
4-12
ATLANTIC BEACH CODE
F.S. Section
Section this Code
Ch. 790 15-22(g)(3)
790.15 13-3
Ch. 791 Ch. 7(note)
7-39
791.01(4)(b) 13-13
791.01(4)(c) 13-13
791.02(1) 13-13
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)
823.14 24-182
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. 41 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
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
Persons not holding license to sell 3-3
Supp. No. 41 2101
ATLANTIC BEACH CODE
Section
ALCOHOLIC BEVERAGES (Cont'd.)
Premises where retail sales for off -premise consumption are
permitted 3-4
Premises where sales for on -premise consumption are per-
mitted 3-5
Restrictions on location of establishments 3-6
ALLEYS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended upon alley 21-25(a)(4), (5)
Dogs and cats running at large 4-24
Nuisances enumerated
Throwing, discharging, etc., garbage, filth, etc., into alleys 12-1(b)(2)
Abatement of nuisances, etc. See: NUISANCES
AMENDMENTS TO CODE
Provisions re 1-9
AMPLIFIED SOUND
Loud and raucous noises 11-2
AMUSEMENTS AND AMUSEMENT PLACES
Amusement device code adopted 6-161
ANIMALS AND FOWL
Abandoning animals 4-15
Animal control enforcement 4-1
Authority to enter private property 4-3
Beach safety zone; animals on 5-17
Bite by a police or service dog; exemption from quarantine 4-13
City designated bird sanctuary
Trapping, hunting, molesting, etc., of birds prohibited;
exception 4 4
Code enforcement board
Code enforcement board's jurisdiction re 2-146
Jurisdiction of special magistrate 2-146.1
Cruelty to animals 4-5
Dangerous dogs 4-10
Attack or bite by dangerous dog; penalties; confiscation;
destruction 4-12
Classification of dogs as dangerous 4-11
Certification of registration 4-11
Notice and hearing requirements 4-11
Confinement of animal; exemption; appeals; unlawful acts 4-11
Definitions 4-1.1
Dogs and cats
Citations authorized; penalties provided 4-30
Damaging property 4-26
Habitual nuisance 4-27.1
Leashing 4-25
Neglect; restraint by chaining; animal bites 4-28
Supp. No. 41 2102
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. 41 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
CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT
CHIEF OF POLICE. See: POLICE DEPARTMENT
CHILDREN. See: MINORS
1-2
CHURCHES
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
Zoning supplementary regulations 24-153
CIRCUSES
Water service, temporary 22-17
CITY ATTORNEY
Code enforcement board
City attorney shall be counsel to board, etc 2-145
CITY COMMISSION
Community development board
Certification of plans and recommendations to commission 14-21
Duties re commission 14-20
Defined 1-2
Members appointed by 14-17
Mayor -commissioner
Old -age and survivors insurance
Execution of agreements by mayor -commissioner 2-242
Meetings
Rules of conduct and procedure at 2-19
Special meetings, calling 2-17
Time and place of regular meetings 2-16
Quorum 2-18
Resignation from office; election procedures 2-21
Salary 2-20
Supp. No. 41 2108
CODE INDEX
Section
DISCRIMINATION
Fair housing 9-17 et seq.
See: FAIR HOUSING
Human relations 9-1 et seq.
See: HUMAN RELATIONS
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 10-2
Nuisances
Abatement of nuisances, etc. See: NUISANCES
Allowing or permitting stagnant water to accumulate
upon surface of ground 12-1(b)(4)
Discharge of water from water -source heat pumps into
storm drainage systems 12-1(b)
Sewers
Building sewers and connections
Foundation drains, surface runoff, etc. 22-108
Discharging groundwater, subsurface drainage, etc., into
sanitary sewers 22-127
DRIVEWAYS
Abandoned, wrecked, junked, etc., vehicles
Left unattended in front of driveways 21-25(a)(1)
Building sewers and connections
Foundation drains, surface runoff, etc 22-108
Digging up driveways, streets, etc 19-2
Public sewers, use of
Discharging stormwater, etc., into storm sewers or natural
outlets 22-128
Discharging subsurface drainage, groundwater, etc., into
sanitary sewers 22-127
Stopping, standing and parking vehicles in driveways 21-17(2)
Subdivision and site improvement regulations
Design and construction standards 24-253
DRUGS (Cocaine, marijuana, hashish, controlled substances,
etc.)
Drug paraphernalia
Definitions 13-4
Supp. No. 41 2113
ATLANTIC BEACH CODE
DRUGS (Cocaine, marijuana, hashish, controlled substances,
etc.) (Cont'd.)
Drug paraphernalia (Cont'd.)
Sale, display, etc., of paraphernalia
DUVAL COUNTY
Definition of "county"
E
Section
13-5
1-2
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(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)
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)
Supp. No. 41 2114
CODE INDEX
EMERGENCIES (Cont'd.)
Waterworks system
Right of city to restrict use of water in cases of emergency
Section
22-36
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
Supp. No. 41 2115
ATLANTIC BEACH CODE
Section
F
FAIR HOUSING
Complaints 9-20
Discrimination in the financing of housing 9-22
Educational activities 9-19
Exemptions 9-23
Interference, coercion, or intimidation; enforcement by civil
action 9-24
Multiple listing services 9-18
Parking in the right-of-way 21-23
Prohibited conduct 9-17
Use of remedies of this article, other 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)
Maintenance of fences 24-157(e)
Permit required 24-157(a)
Structures similar to fences 24-157(d)
l`11J U CiAi IES
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
Charitable contributions prohibited 2-2
Contracts and agreements. See also that subject
When contracts and expenditures prohibited 2-314
Supp. No. 41 2116
CODE INDEX
Section
FINANCES (Con t'd.)
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
FINES, FORFEITURES AND PENALTIES. See also specific
subjects
General penalty; continuing violations 1-11
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting
ordinance of this code
FINGERPRINTING
Charitable solicitation permit regulations re 18-2
FIRE DEPARTMENT
Chief of fire department
Appointment 2-61
Compensation 2-61
Duties and authority 2-62
Fire prevention code
Appeals from actions of chief 7-19
Enforcement of code by chief 7-17
Modifications of code by chief 7-18
Director of public safety
Supervision of fire department 2-41
Fire chief. See herein: Chief of Fire Department
Supp. No. 41 2117
ATLANTIC BEACH CODE
Section
FIRE DEPARTMENT (Cont'd.)
Life guard division 2-63
FIRE HYDRANTS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended within fifteen feet of hydrant 21-25(a)(1)
Fire prevention and life safety
Fire hydrants and fire department connections 7-35
Stopping, standing or parking vehicle within fifteen feet of
hydrant 21-17(4)
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. 41 2118
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 9-17 et seq.
See: FMR 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
Complaints 9-4
Criminal acts 9-6
Definitions 9-2
Exemptions 9-5
Fair housing 9-17 et seq.
See: FMR HOUSING
False claims 9-7
Prohibited conduct 9-3
Purpose 9-1
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 14-20(6)
Recommending improvements for city 14-20(11)
Supp. No. 41 2125
ATLANTIC BEACH CODE
Section
IMPROVEMENTS (Cont'd.)
Land development regulations
Concurrency management system and proportionate fair -
share
Timing and completion of required public facility im-
provements 24-278
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 fIFTPnty 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
Supp. No. 41 2126
CODE INDEX
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Concurrency management system (Cont'd.)
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)
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
Florida -friendly use of fertilizer on urban landscapes 24-182
Applicability 24-182(d)
Application practices 24-182(i)
Definitions 24-182(c)
Enforcement 24-182(n)
Exemptions 24-182(k)
Fertilizer content and application rates 24-182(h)
Supp. No. 41 2127
ATLANTIC BEACH CODE
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Florida -friendly use of fertilizer on urban landscapes (Cont'd.)
Fertilizer free zone 24-182(f)
Findings 24-182(a)
Licensing of commercial applicators 24-182(m)
Low maintenance zones 24-182(g)
Management of grass clippings and vegetative matter24-182(j)
Purpose and intent 24-182(b)
Timing of application 24-182(e)
Training 24-182(1)
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
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)
Supp. No. 41 2128
CODE INDEX
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Subdivision and Site Improvement Regulations (Cont'd.)
Design and construction standards (Cont'd.)
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(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)
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(0
Supp. No. 41 2128.1
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
NATIVE VEGETATION. See: TREES AND NATIVE VEGETA-
TION PROTECTION
Section
21-78
21-84
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
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
Supp. No. 41 2139
ATLANTIC BEACH CODE
NUISANCES (Cont'd.)
Nuisance control board (Cont'd.)
Permanent injunctions
Section
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. 41 2140
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. 41 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
RADIOACTIVE WASTES OR ISOTOPES
Public sewers, use of
Limitations on discharge concentrations or quantities .... 22-130(7)
RADIOS
Loud and raucous noises 11-2
RECREATIONAL VEHICLES (Campers, travel trailers, boats,
etc.)
Provisions re
See: MOBILE HOMES AND RECREATIONAL VEHI-
CLES
Supp. No. 41 2148
10-1 et seq.
CODE INDEX
Section
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
RENTALS
Fair housing 9-17 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
S
SAFETY. See: PUBLIC SAFETY
SAFETY ZONES
Beach safety zones 5-16 et seq.
See: BEACHES
Roadway safety zones 19-5
Supp. No. 41 2149
ATLANTIC BEACH CODE
Section
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: FMR 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
SEXUAL CONDUCT
Sexual predators residency requirement 13-161
SEXUAL DISCRIMINATION
Fair housing 9-17 et seq.
See: FMR HOUSING
SHAFTS, ABANDONED
Nuisances enumerated 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Supp. No. 41 2150
CODE INDEX
SHALL; MAY
Definition
SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
Section
1-2
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
Signs within special purpose (SP) and planned unit devel-
opment (PUD) zoning districts 17-30
SLEEPING
Loitering, sleeping, etc., in streets, parks, etc 13-2
SMOKE DETECTORS
Fire prevention and life safety
Smoke detection power source
Supp. No. 41 2151
7-33
ATLANTIC BEACH CODE
Section
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
Violations and penalties 18-9
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
Fr—lel-Ha; 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. 41 2152
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. 41 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 in the right-of-way
Parking limitations
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. 41 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
21-23
21-20
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
WATERWORKS SYSTEM (Cont'd.)
Prohibited acts 22-33
Reclaimed water system
Billing and collection of fees 22-364
Charges for service 22-365
City not liable for interruptions in service; right of city to
restrict use of water 22-363
City's right to refuse service 22-361
Connection required 22-353
Cross connection control 22-356
Definitions 22-350
Design, construction and ownership of new facilities 22-354
Discontinuance of service 22-360
Inspections 22-358
Purpose, public policy and benefits 22-351
Relationship to other laws 22-352
Restrictions on use of wells 22-359
Unauthorized work on facilities 22-357
Use of reclaimed water 22-355
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
Supp. No. 41 2169
ATLANTIC BEACH CODE
Section
WELLS (Cont'd.)
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 4-4
WINDOWS. See: DOORS AND WINDOWS
WITNESSES
Code enforcement board's power to subpoena witnesses 2-148
WRECKER SERVICE
Charges for towing and storage 21-51
Establishment of rotating wrecker call list 21-50
Liability insurance 21-53
Repairing vehicles without authorization 21-54
Wreckers to be equipped at all times 21-52
WRITING
Defined
Y
1-2
YARD SALES
Outdoor display, sale, storage of furniture, household items,
ctc. 24-154
YARDS AND OPEN SPACES
Definition of "public place" to include school yards or open
spaces 1-2
Zoning requirements 24-1 et seq.
Yards, required 24-83
See also: LAND DEVELOPMENT REGULATIONS
Z
ZONING REGULATIONS. See: LAND DEVELOPMENT REG-
ULATIONS
Supp. No. 41 2170