AB Code Supplement 45SUPPLEMENT NO. 45
May 2019
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. 90-19-238, enacted February 25, 2019.
See the Code Comparative Table—Ordinances for further information.
Included in the Charter is:
Ordinance No. 33-17-23, enacted November 13, 2017.
See the Charter Comparative Table for further information.
Remove Old Pages Insert New Pages
ix—xiv 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:3
9, 10 9, 10
17, 18 17, 18
91 91
155-158.2 155-158.2
167-172.6 167-172.5
179, 180 179-180.1
188.33-188.36 188.33-188.36.1
197, 198 197, 198
299-306 299-306.2
313-318 313-324
353, 354 353 354.2
359 359-363
421, 422 421, 422
473, 474 473, 474
521-524 521-524.3
529, 530 529, 530
545-548 545-548.1
799, 800 799, 800
INSTRUCTION SHEET—Cont'd.
Remove Old Pages Insert New Pages
840.1-843 841-845
1221-1245 1221-1243
1281, 1282 1281-1282.1
1286.1-1288.1 1287 1288.2
1295-1298.2 1295-1298.2
1379-1388 1379-1388
1404.1, 1404.2 1404.1, 1404.2
1417, 1418 1417, 1418
1427, 1428 1427, 1428
1437-1442 1437-1442.1
1455-1464 1455-1464.1
1475, 1476 1475-1476.4
1535-1544 1535-1545
2009, 2010 2009-2011
2053-2056 2053-2056
2101-2126 2101-2126
2131-2170 2131-2170
Insert and maintain this instruction sheet in front of this publication. File removed
pages for reference.
municode
Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316
info@municode.com 800.262.2633 www.municode.com
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OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
Ellen Glasser
Mayor
M. Blythe Waters
Mayor Pro Tern/Commissioner
Cindy Anderson
Candace Kelly
Brittany Norris
City Commissioners
Brenna Durden
Lewis, Longman & Walker, P.A.
City Attorney
Joe Gerrity
City Manager
Donna L. Bartle
City Clerk
Supp. No. 45 iii
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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 1
CHARTER
Charter 1
Art. L Incorporation; Form of Government; Powers 5
Art. II. The Commission 6
Art. III. The City Manager 11
Art. IV. The City Clerk 13
Art. V. City Attorney 14
Art. VI. Department of Public Safety 15
Art. VII. Budget 15
Art. VIII. Department of Finance 15
Art. IX. Elections 16
Art. X. Initiative and Referendum 18
Art. XI. Recall Elections 21
Art. XII. Franchises 21
Art. XIII. Tax Administration 22
Art. XIV. Zoning 22
Art. XV Municipal Borrowing 23
Art. XVI. Suits Against the City 23
Art. XVII. General and Miscellaneous Provisions 23
Art. XVIII. When Act Takes Effect 27
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 162.4
Supp. No. 45 ix
ATLANTIC BEACH CODE
Chapter Page
Art. W Departments 162.4
Div. 1. Generally 162.4
Div. 2. Police Department 162.4
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. Special Magistrate 167
Div. 3. Reserved 172.4
Art. VI. Employee Benefits 172.4
Div. 1. Generally 172.4
Div. 2. Old -Age and Survivors Insurance 172.5
Div. 3. General Employees' Retirement System174
Div. 4. Police Officers' Retirement System 188.30
Div. 5. Defined Contribution Plan 188.84
Art. VII. Finance 188.86
Div. 1. Generally 188.86
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 301
Art. II. Dogs and Cats 315
Art. III. Backyard Hens 320
5. Beaches and Parks 353
Art. I. In General 354.1
Art. II. Beach Safety Zone 355
Art. III. Public Parks 355
Art. W. Sea Turtle Protection 359
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 422
Art. X. Amusement Device Code 422
Supp. No. 45 X
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TABLE OF CONTENTS—Cont'd.
Chapter Page
7. Fire Prevention and Protection 469
Art. I. In General 469
Art. II. Fire Prevention and Life Safety 469
8. Flood Hazard Areas 521
Art. I. Administration 524.1
Div. 1. General—Applicability—Duties and Powers
of the Floodplain Administrator—Permits—
Site Plans and Construction Documents—
Inspections—Variances and Appeals—
Violations 524.1
Subdiv. I. In General 524.1
Subdiv. II. Applicability 524.2
Subdiv. III. Duties and Powers of the
Floodplain Administrator 525
Subdiv. IV. Permits 528
Subdiv. V. Site Plans and Construction Docu-
ments 531
Subdiv. VI. Inspections 534
Subdiv. VII. Variances and Appeals 535
Subdiv. VIII. Violations 537
Art. II. Definitions 538
Art. III. Flood Resistant Development 544
Div. 1. Buildings and Structures, Subdivisions, Site
Improvements, Manufactured Homes,
Recreational 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. IV. Convenience Business Security Act 797
14. Planning/Zoning/Appeals 839
Art. I. In General 840.1
Supp. No. 45 xi
ATLANTIC BEACH CODE
Chapter Page
Art. II. Community Development Board 841
15. Police 891
Art. I. In General 891
Art. II. Disposition of Confiscated or Lost Property891
16. Solid Waste and Recycling 943
Art. 1. 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
Art. I. General Provisions 1108.1
Art. II. Utility Placement Within City Rights -of -Way 1114
Art. III. Communications Facilities in Public Rights -
of -Way 1116
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. 1. In General 1223
Art. II. Stopping, Standing and Parking on Public
Property 1224
Div. 1. Generally 1224
Div. 2. Enforcement 1227
Art. III. Wrecker Service 1229
Art. IV. Motor Vehicle Title Loans 1230
Art. V. Vehicles for Hire 1233
Art. VI. Unregistered and Inoperable Vehicles 1242
22. Utilities 1275
Art. 1. 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
Supp. No. 45 xii
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TABLE OF CONTENTS-Cont'd.
Chapter Page
Div. 3. Private Wastewater Disposal 1288
Div. 4. Building Sewers and Connections 1288.2
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
Art. V. Reclaimed Water System 1308
23. Protection of Trees and Native Vegetation 1351
Art. I In General 1352.1
Art II. Language and Definitions 1352.2
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 1428
Div. 1. In General 1428
Div. 2. Administration 1428
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) 1476.3
Div. 7. Supplementary Regulations 1480
Div. 8. Landscaping 1506.4
Div. 9. Florida -Friendly Landscaping and
Landscape Irrigation 1513
Div. 10. Florida -Friendly Use of Fertilizer on Urban
Landscapes 1514.3
Art. IV. Subdivision and Site Improvement Regula-
tions 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 Waterway
Resources 1536
Supp. No. 45 xiii
ATLANTIC BEACH CODE
Chapter Page
Art. VI. Concurrency Management System 1540
Div. 1. Concurrency Management System 1540
Code Comparative Table -1970 Code 1983
Code Comparative Table—Ordinances 1987
Code Comparative Table Laws of Florida 2043
Statutory Reference Table 2053
Charter Index 2081
Code Index 2101
Supp. No. 45 xiv
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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 43 25, 26 42
iii 45 27, 28 42
v, vi OC 79 5, Add.
vii, viii 1 91 45
ix, x 45 103, 104 OC
xi, xii 45 105, 106 OC
xiii, xiv 45 107, 108 13
SH:1, SH:2 45 155, 156 45
SH:3 45 157, 158 45
1, 2 42 158.1, 158.2 45
3 42 158.3, 158.4 41
5, 6 42 159, 160 /1
7, 8 42 161, 162 44
9, 10 45 162.1, 162.2 44
11, 12 42 162.2.1, 162.2.2 11
13, 14 42 162.3, 162.4 43
15, 16 42 162.5 43
17, 18 45 163, 164 25
19, 20 42 165, 166 32
21, 22 42 167, 168 45
23, 24 42 169, 170 45
Supp. No. 45
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ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
171, 172 45 188.43, 188.44 41
172.1, 172.2 45 188.45, 188.46 41
172.3, 172.4 45 188.47, 188.48 41
172.5 45 188.49, 188.50 41
173, 174 40 188.51, 188.52 41
175, 176 44 188.53, 188.54 41
177, 178 44 188.55, 188.56 44
179, 180 45 188.57, 188.58 44
180.1 45 188.59, 188.60 44
181, 182 44 188.60.1 44
183, 184 44 188.61, 188.62 40
184.1 44 188.63, 188.64 40
185, 186 41 188.65, 188.66 40
187, 188 41 188.67, 188.68 40
188.1, 188.2 41 188.69, 188.70 44
188.3, 188.4 41 188.71, 188.72 44
188.5, 188.6 41 188.73, 188.74 41
188.7, 188.8 44 188.75, 188.76 44
188.9, 188.10 44 188.77, 188.78 44
188.11, 188.12 44 188.79, 188.80 44
188.13, 188.14 44 188.81, 188.82 /11
188.14.1 44 188.83, 188.84 44
188.15, 188.16 40 188.85, 188.86 44
188.17, 188.18 40 188.87 44
188.19, 188.20 40 189, 190 35
188.21, 188.22 44 191, 192 35
188.23, 188.24 44 193, 194 35
188.25, 188.26 44 195, 196 35
188.27, 188.28 44 197, 198 45
188.29, 188.30 44 199, 200 35
188.31, 188.32 44 201, 202 35
188.33, 188.34 45 203 35
188.35, 188.36 45 245, 246 30
188.36.1 45 247, 248 35
188.37, 188.38 44 299, 300 45
188.39, 188.40 44 301, 302 45
188.40.1, 188.40.2 44 303, 304 45
188.41, 188.42 41 305, 306 45
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Page No. Supp. No. Page No. Supp. No.
306.1, 306.2 45 523, 524 45
307, 308 40 524.1, 524.2 45
309, 310 40 524.3 45
311, 312 40 525, 526 40
313, 314 45 527, 528 40
315,316 45 529,530 45
317, 318 45 531, 532 40
319, 320 45 533, 534 40
321, 322 45 535, 536 40
323, 324 45 537, 538 40
353 45 539, 540 40
354.1, 354.2 45 541, 542 40
355, 356 38 543, 544 40
357, 358 40 545, 546 45
359,360 45 547,548 45
361, 362 45 548.1 45
363 45 547, 548 40
407, 408 35 549, 550 40
409, 410 38 551, 552 40
410.1, 410.2 36 553 40
411,412 35 577 41
413, 414 35 579, 580 41
415, 416 35 581, 582 41
416.1, 416.2 35 583, 584 41
417, 418 37 585, 586 41
418.1, 418.2 37 631, 632 OC
418.3, 418.4 37 683, 684 24
418.5, 418.6 37 685 24
418.7, 418.8 37 735, 736 35
419, 420 27 737, 738 36
421, 422 45 787, 788 39
469, 470 35 789, 790 39
471, 472 35 791, 792 39
473, 474 45 793, 794 39
475, 476 35 794.1, 794.2 39
477, 478 35 795, 796 32
479, 480 35 797, 798 38
521, 522 45 799, 800 45
Supp. No. 45
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ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
839 42 1123, 1124 44
841, 842 45 1125, 1126 44
843, 844 45 1127, 1128 44
845 45 1129, 1130 44
891, 892 31 1131, 1132 44
943, 944 34 1133, 1134 44
945, 946 35 1135, 1136 44
947, 948 35 1137, 1138 44
949, 950 37 1139, 1140 44
951, 952 37 1141, 1142 44
953, 954 40 1143, 1144 44
955, 956 40 1145, 1146 44
957 40 1147, 1148 44
995, 996 26 1149, 1150 44
997, 998 40 1151, 1152 44
999, 1000 40 1153, 1154 44
1001, 1002 40 1155, 1156 44
1003, 1004 39 1156.1, 1156.2 44
1005, 1006 39 1156.3, 1156.4 44
1007, 1008 39 1157, 1158 33
1009, 1010 39 1159, 1160 33
1011, 1012 42 1161, 1162 33
1013 42 1163, 1164 43
1055, 1056 43 1165, 1166 40
1057,1058 43 1167,1168 40
1059 43 1169, 1170 40
1107, 1108 44 1171, 1172 40
1108.1, 1108.2 44 1173, 1174 40
1108.3, 1108.4 44 1175, 1176 40
1108.5, 1108.6 44 1177, 1178 40
1108.7 44 1179, 1180 42
1109, 1110 37 1221, 1222 45
1111, 1112 31 1223, 1224 45
1113, 1114 44 1225, 1226 45
1115, 1116 44 1227, 1228 45
1117, 1118 44 1229, 1230 45
1119, 1120 44 1231, 1232 45
1121, 1122 44 1233, 1234 45
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Supp. No. 45
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Page No. Supp. No. Page No. Supp. No.
1235, 1236 45 1357, 1358 42
1237, 1238 45 1359, 1360 42
1239, 1240 45 1361, 1362 42
1241, 1242 45 1363, 1364 42
1243 45 1365, 1366 44
1275, 1276 41 1367, 1368 44
1277, 1278 41 1369, 1370 44
1278.1, 1278.2 41 1371, 1372 37
1278.3, 1278.4 41 1373, 1374 42
1279, 1280 38 1375, 1376 42
1281, 1282 45 1376.1, 1376.2 42
1282.1 45 1376.3, 1376.4 42
1283, 1284 41 1377, 1378 37
1284.1, 1284.2 41 1379, 1380 45
1284.3, 1284.4 41 1381, 1382 45
1284.5, 1284.6 41 1383, 1384 45
1285, 1286 OC 1385, 1386 45
1287, 1288 45 1387, 1388 45
1288.1, 1288.2 45 1403, 1404 44
1289, 1290 OC 1404.1, 1404.2 45
1291, 1292 OC 1404.3 44
1293, 1294 OC 1404.5 41
1295, 1296 45 1405, 1406 37
1297, 1298 45 1407, 1408 37
1298.1, 1298.2 45 1409, 1410 44
1299, 1300 OC 1411, 1412 44
1301, 1302 11 1413, 1414 44
1303, 1304 11 1415, 1416 44
1305, 1306 11 1417, 1418 45
1307, 1308 41 1419, 1420 44
1309, 1310 41 1421, 1422 44
1311, 1312 41 1423, 1424 44
1313, 1314 41 1425, 1426 44
1315 41 1427, 1428 45
1351, 1352 44 1429, 1430 11
1352.1, 1352.2 44 1431, 1432 44
1353, 1354 42 1432.1, 1432.2 44
1355, 1356 42 1432.3, 1432.4 44
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Page No. Supp. No. Page No. Supp. No.
1432.5, 1432.6 44 1483, 1484 37
1432.7, 1432.8 44 1485, 1486 37
1432.9, 1432.10 44 1487, 1488 38
1432.11, 1432.12 44 1488.1, 1488.2 38
1432.13, 1432.14 44 1488.3, 1488.4 38
1433, 1434 37 1488.5, 1488.6 38
1435, 1436 37 1480.7 38
1437, 1438 45 1489, 1490 37
1439, 1440 45 1491, 1492 37
1441, 1442 45 1493, 1494 43
1442.1 45 1494.1 43
1443, 1444 37 1495, 1496 37
1445, 1446 40 1497, 1498 44
1446.1 40 1498.1, 1498.2 44
1447, 1448 37 1498.3, 1498.4 44
1449, 1450 43 1499, 1500 37
1450.1 43 1501, 1502 37
1451, 1452 37 1503, 1504 37
1453, 1454 37 1505, 1506 44
1455, 1456 45 1506.1, 1506.2 44
1457, 1458 45 1506.3, 1506.4 44
1459, 1460 45 1507' 1508 37
1461, 1462 45 1509, 1510 43
1463, 1464 45 1511, 1512 43
1464.1 45 1513, 1514 43
1465, 1466 44 1514.1, 1514.2 43
1467, 1468 44 1514.2.1 43
1469, 1470 44 1514.3, 1514.4 41
1471, 1472 44 1514.5, 1514.6 41
1472.1 44 1514.7, 1514.8 41
1473, 1474 37 1514.9, 1514.10 41
1475, 1476 45 1515, 1516 37
1476.1, 1476.2 45 1517, 1518 37
1476.3, 1476.4 45 1519, 1520 37
1477, 1478 37 1521, 1522 37
1479, 1480 40 1523, 1524 37
1481, 1482 40 1525, 1526 37
1482.1 40 1527, 1528 37
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Supp. No. 45
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Page No. Supp. No. Page No. Supp. No.
1529, 1530 37 2115, 2116 45
1531, 1532 37 2117, 2118 45
1533, 1534 37 2119, 2120 45
1535, 1536 45 2121, 2122 45
1537, 1538 45 2123, 2124 45
1539, 1540 45 2125, 2126 45
1541, 1542 45 2127, 2128 44
1543, 1544 45 2129, 2130 44
1545 45 2131, 2132 45
1983, 1984 OC 2133, 2134 45
1985 OC 2135, 2136 45
1987, 1988 OC 2137, 2138 45
1989, 1990 OC 2139, 2140 45
1991, 1992 2 2141, 2142 45
1993, 1994 6 2143, 2144 45
1995, 1996 13 2145, 2146 45
1997, 1998 18 2147, 2148 45
1999, 2000 24 2149, 2150 45
2001, 2002 30 2151, 2152 45
2003, 2004 37 2153, 2154 45
2005, 2006 37 2155, 2156 45
2007, 2008 41 2157, 2158 45
2009, 2010 45 2159, 2160 45
2011 45 2161, 2162 45
2043 OC 2163, 2164 45
2053, 2054 45 2165, 2166 45
2055, 2056 45 2167, 2168 45
2081, 2082 42 2169, 2170 45
2083, 2084 42
2085, 2086 42
2087, 2088 42
2101, 2102 45
2103, 2104 45
2105, 2106 45
2107, 2108 45
2109, 2110 45
2111, 2112 45
2113, 2114 45
Supp. No. 45
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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.
95-10-100 5-10-10 Included
33-10-17 6-28-10 Included
80-10-79 8-23-10 Included
80-10-80 9-27-10 Included
90-10-213 10-25-10 Included
57-10-23 11- 8-10 Included
05-10-52 11-22-10 Included
05-10-53 11-22-10 Included
95-10-102 1-10-11 Included
65-11-37 3-28-11 Included
95-11-103 7-25-11 Included
95-11-104 9-26-11 Included
25-11-42 10-10-11 Included
60-11-16 10-10-11 Included
80-11-81 10-10-11 Included
5-12-54 1- 9-12 Included
5-12-55 1- 9-12 Included
60-12-17 1- 9-12 Included
90-12-214 3-26-12 Included
95-12-105 5-14-12 Included
45-12-21 7-23-12 Included
33-12-18 8-13-12 Included
5-12-56 8-27-12 Included
55-12-36 8-27-12 Included
80-12-82 9-24-12 Included
90-12-215 11-13-12 Included
5-12-57 11-26-12 Included
Supp. No. 45 SH:1
38
38
38
38
38
38
38
38
38
39
39
39
39
39
39
39
39
39
40
40
40
40
40
40
40
40
40
60-13-18
5-13-58
25-13-43
58-13-35
58-13-36
58-13-37
5-13-59
75-13-18
95-13-106
80-13-83
75-13-19
90-13-220
80-14-84
90-14-221
90-14-222
80-14-85
80-14-86
58-14-38
58-14-39
95-14-108
5-14-61
60-14-19
5-15-62
33-15-19
60-15-20
90-15-223
95-15-109
70-15-18
95-15-111
12-16-5
90-16-224
33-16-21
45-16-22
33-17-22
58-17-40
58-17-41
5-17-64
90-17-228
65-17-39
5-18-65
90-18-231
90-18-233
90-18-234
95-17-114
33-17-23
95-18-115
ATLANTIC BEACH CODE
ate.
opted
3-25-13
4- 8-13
4- 8-13
6-10-13
6-10-13
6-10-13
7- 8-13
7- 8-13
7- 8-13
8-12-13
10-28-13
1-13-14
2-10-14
3-24-14
4-14-14
7-28-14
7-28-14
8-11-14
8-11-14
8-11-14
9- 8-14
11-24-14
5-11-15
5-11-15
6- 8-15
1-26-15
5-11-15
8-10-15
11- 9-15
1-25-16
1-25-16
4-25-16
5-23-16
10-23-17
4-24-17
4-24-17
7-24-17
10- 9-17
12-11-17
2-26-18
4- 9-18
6-11-18
6-11-18
4-24-17
11-13-17
3-26-18
Supp. No. 45 SH:2
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Omitted
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SUPPLEMENT HISTORY TABLE
25-18-44
95-18-116
80-18-88
5-18-66
5-18-67
58-18-42
58-18-43
75-18-20
90-19-236
5-19-68
90-19-238
7- 9-18
8-27-18
11-26-18
1-14-19
1-14-19
1-14-19
1-14-19
1-14-19
1-14-19
2-11-19
2-25-19
Supp. No. 45 SH:3
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CHARTER § 14
park to accommodate activities not customarily associated with park use or outdoor
recreation; unless such sale, lease disposal, gift or structure is approved by
unanimous vote of the entire city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 10. Appointment of city manager.
The city commission shall appoint an administrative officer of the city, who shall have the
title of city manager, who shall have the powers and perform the duties provided in this
Charter and who shall be compensated at a rate set by the city commission. No member of
the city commission shall receive such appointment during the term for which the person
shall have been elected, nor within two years after the expiration of the person's term. In the
event the City Manager is removed or incapacitated and unable to appoint a substitute as
required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to
perform the duties of the city manager.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request, if they deem it necessary, a deputy city
manager and deputy city clerk, respectively, to be hired as approved by the city commission
and who shall be compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 12. Vacancies in the city commission.
If any vacancy occurs in the city commission, the city commission shall elect, within
fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an
eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next
general election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 13. Creation of new departments or offices; change of duties.
The city commission, by ordinance, may create, change or abolish offices, departments,
authorities or agencies. The city commission may, by ordinance, assign additional functions
or duties to the offices, departments or agencies established by this Charter, but may not
discontinue or assign to any other office, department or agency any function or duty assigned
by this Charter to a particular office, department or agency.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 14. Induction of city commission into office; meetings of the city commission.
After each general election, the newly elected city commissioners shall assume the duties
of office at the regularly scheduled meeting of the city commission held on the second
Monday in November provided that the Supervisor of Elections has certified the election
Supp. No. 45 9
§ 14 ATLANTIC BEACH CODE
results. If the election results for any contested city commission seat cannot be certified prior
to the meeting to be held on the second Monday in November, then any newly elected city
commissioners shall assume the duties of office at the next regularly scheduled meeting of
the city commission following receipt of the certified election results from the Supervisor of
Elections. Until the newly elected city commissioners assume the duties of office, the
previous sitting city commissioners shall remain in office. All other regular meetings of the
city commission shall be fixed by ordinance, but there shall not be less than one regular
meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S.
286.011), all meetings of the city commission shall be open to the public.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
Sec. 15. City commission to be judge of qualifications of its members.
The city commission shall be the judge of the election and the qualifications of its
members as set forth in Section 6 of this Charter. For these purposes, the city commission
shall have the power to subpoena such witnesses and require the production and presenta-
tion of such records as may be deemed necessary.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 16. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require
that minutes of its proceedings to be kept. The minutes shall be open and remotely available
to the public in a timely manner, through commonly accepted methods.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 17. Ordinances.
In addition to such acts of the city commission as are required by statute or by this
Charter to be by ordinance, every act of the City Commission establishing a fine or other
penalty, a fee for service, appropriation of funds, the contracting of indebtedness, or the sale
of real property shall be by ordinance. The enacting clause of all ordinances shall be: "BE IT
ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY
OF ATLANTIC BEACH, FLORIDA."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 18. Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in F.S.
Section 166.041 shall in its entirety constitute the process for such by the Atlantic Beach
City Commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Supp. No. 45 10
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CHARTER § 40
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing
signatures. Each signature appended thereto was made in my presence and is the genuine
signature of the person whose name it purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of qualifying shall
be void. All petitions must be filed with the city clerk no later than 10 days prior to the
qualifying period. The qualifying period will begin no later than noon on the 71day
(Monday) prior to the general election and will end at noon on the 67th day (Friday) prior
the general election. All other qualifying papers shall be filed as one instrument with the
city clerk during the qualifying period. The city clerk shall make a record of the exact time
at which each petition is filed, and shall take and preserve the name and address of the
person by whom it is filed. No nominating petition shall be accepted unless accompanied
by a signed acceptance of the nomination in substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. on the city commission and
agree to serve if elected.
SIGNATURE OF CANDIDATE
Within two days after the filing of a nominating petition, the city clerk shall notify the
candidate and the person who filed the petition whether or not it is found to be signed by
the required number of qualified electors. If a petition is found insufficient, the city clerk
shall return it immediately to the person who filed it with a statement certifying wherein
the petition is found insufficient. Within the regular time for filing petitions, such a
petition may be amended and filed again as a new petition, in which case the time of the
first filing shall be disregarded in determining the validity of signatures thereon, or a
different petition may be filed for the same candidate. The petition of each person
nominated to be a member of the city commission shall be preserved by the city clerk until
the expiration of the term of office for which the candidate has been nominated.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
Sec. 40. Elections: Primary.
There are no primary elections for any seat on the City Commission of the City of Atlantic
Beach.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Supp. No. 45 17
§ 41 ATLANTIC BEACH CODE
Sec. 41. Elections: General.
Beginning with the year 2019:
A regular or general election of candidates or nominees to the office of city commis-
sioner shall be held every even -numbered year on the same day as Florida's General
Election for that year for each seat on the city commission which shall become vacant on
the second Monday in November of the same year, or when the newly elected city
commissioners assume the duties of office in accordance with Sec. 14 of this Charter. The
candidate or nominee receiving the plurality of votes cast for each seat at such general
election shall be declared elected. In the event of a tie between two candidates in the
general election the candidates shall draw lots in accordance with Florida Statutes to
determine the winner.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23,
§ 1(Exh. A), 11-13-17)
Sec. 42. Elections: Absentee voting.
Except as herein specifically provided all elections and absentee voting in the city shall be
conducted in accordance with the provisions of F.S. Chapter 101.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach delegates the election canvassing responsibilities for all city
elections to the Duval County Canvassing Board. The Canvassing Board may meet in
Atlantic Beach, or at a location as decided by the Duval County Canvassing Board in a
building accessible to the public to publicly canvass the absentee electors' ballots and
provisional ballots as provided for in Florida Statutes. Public notice of canvassing shall be
given at least 48 hours in advance in a publication of general circulation in the City of
Atlantic Beach. The canvass shall be made from the returns and certificates of the inspectors
as signed and filed by them. The canvassing board shall submit to the Supervisor of
Elections the preliminary returns by 11:59 pm on election night. See Chapters 101 and 102,
Florida Statutes for a complete listing of Canvassing Board duties. After each city election,
the Canvassing Board shall issue an official Certification of Election to the city clerk. The
clerk shall provide a certificate of election to the candidates elected.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, except an ordinance
appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the
polls, such
Supp. No. 45 18
•
CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance Adoption Section
Number Date Section this Charter
5-75-3 12-22-75 3 7
33-77-4 6-13-77 1 79
11 80
111 81
85
40-79-8 6-11-79 A 109
5-82-8 4-26-82 1 32
2 34
5-83-9 11-14-83 1 7
5-83-12 2-13-84 1 Art. VII(note)
4-86-3 1-26-87 1 Art. XIV(note)
28-91-1 10-28-91 1 5
28-92-4 8-24-92 1 5
28-93-3 8-23-93 1 Rpld 1-6,
8-16,
24 31,
78,
81-99,
109,
158,
160-183
Added 1-80
28-96-4 1-13-97 3 2
90-06-194 8-14-06 1 59
33-07-12 10- 2-07 1 5
33-07-13 10- 2-07 1 14, 39, 40, 41,
43
33-10-17 6-28-10 1 14, 36, 39-41,
43
33-15-19 5-11-15 1(Exh. A) Rpld 1-80
Added 1-54,
56-81
33-17-22 10-23-17 2 40, 41
33-17-23 11-13-17 1(Exh. A) 14
39-41
Supp. No. 45 91
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Chapter 2
ADMINISTRATION*
Article L 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 W. 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. 45 155
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
See. 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. Special Magistrate
Sec. 2-141. Intent of article.
Sec. 2-142. Code enforcement board dissolved; references revised.
Sec. 2-143. Special magistrate appointment; qualifications; term.
Sec. 2-144. Special magistrate compensation.
Sec. 2-145. Minutes of hearings; clerical and administrative personnel.
Sec. 2-146. City attorney.
Sec. 2-147. Jurisdiction.
Sec. 2-148. Procedure; enforcement and hearings.
Sec. 2-149. Powers.
Sec. 2-150. Administrative fines; cost of repairs; contests; liens; money judgments.
Sec. 2-151. Duration of lien.
Sec. 2-152. Appeal.
Supp. No. 45
156
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Secs. 2-153-2-160. Reserved.
ADMINISTRATION
Division 3. Reserved
Secs. 2-161-2-225. 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.
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.
Supp. No. 45 157
ATLANTIC BEACH CODE
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. Supplemental benefit component for special benefits; chapter 185 share
accounts.
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.
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.
Supp. No. 45
158
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110
ADMINISTRATION
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.
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.
Supp. No. 45 158.1
ATLANTIC BEACH CODE
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. 45 158.2
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ADMINISTRATION § 2-143
(b) However, any person who has served on a board or committee of the city for the
maximum number of terms allowed may not again be appointed to that same board or
committee until one (1) year has passed since the person was term -limited off the board or
committee.
(c) Any board or committee member whose term expires, or who has served the maximum
number of terms, shall continue to serve until the member's replacement appointment is
effective.
(Ord. No. 5-06-46, § 1, 4-10-06; Ord. No. 5-18-66, § 4, 1-14-19)
Secs. 2-132-2-140. Reserved.
DIVISION 2. SPECIAL MAGISTRATE*
Sec. 2-141. Intent of article.
It is the intent of this article to promote, protect, and improve the health, safety, and
welfare of the citizens of the city by authorizing the creation of one (1) or more code
enforcement special magistrates ("special magistrate") with authority to hear and impose
administrative fines and other non -criminal penalties to provide an equitable and expedi-
tious method of enforcing certain codes and ordinances in force in the city, where a pending
or repeated violation continues to exist.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-142. Code enforcement board dissolved; references revised.
The code enforcement board is hereby dissolved effective March 13, 2019; provided, all
prior administrative actions, orders and liens imposed by such code enforcement board shall
remain in full force and effect. No cases shall be referred to the code enforcement board on
and after February 11, 2019. All cases remaining pending before the code enforcement board
as of March 13, 2019 shall be transferred to the special magistrate. All references to the code
enforcement board occurring elsewhere within this Code, or within any other codes,
ordinances and resolutions of the city commission shall hereafter be deemed to refer to the
special magistrate appointed under the authority of this article.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-143. Special magistrate appointment; qualifications; term.
(a) The city commission shall by resolution appoint a special magistrate or special
magistrates, as needed.
*Editor's note—Ord. No. 5-19-68, § 1(Exh. A), adopted Feb. 11, 2019, amended div. 2 in
its entirety to read as herein set out. Former div. 2, §§ 2-141-2-151, pertained to the code
enforcement board, and derived from Ord. No. 5-12-54, § 1, adopted Jan. 9, 2012; Ord. No.
5-13-59, § 1, adopted July 8, 2013; and Ord. No. 95-18-115, § 3, adopted March 26, 2018.
Supp. No. 45 167
§ 2-143 ATLANTIC BEACH CODE
(b) The special magistrate or special magistrates shall have the jurisdiction and authority
granted by this division.
(c) Appointment of the special magistrate or special magistrates shall be made on the
basis of experience and interest in the subject matter, in the sole discretion of the city
commission.
(d) Any special magistrate appointed hereunder must be a member in good standing of
the Florida Bar for at least five (5) years prior to appointment.
(e) The appointment of a special magistrate shall be made for a term of one (1) year, with
the city commission reserving the right to terminate the term prior to its natural end, in
writing, with no less than thirty (30) days' notice, upon resolution of the city commission.
The teiin may be extended upon resolution of the city commission for a term not to exceed
one (1) year. No term limits shall be established herein for any appointed special magistrate.
If the special magistrate wishes to terminate the term prior to its natural end, the special
magistrate shall notify the city, in writing, no less than sixty (60) days in advance.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-144. Special magistrate compensation.
The special magistrate shall receive such compensation as determined by the city
commission. Such compensation shall be set forth in the resolution appointing the special
magistrate.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-145. Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the special magistrate, and all
hearings shall be recorded and open to the public. The city commission shall provide clerical
and administrative personnel as may be reasonably required by the special magistrate for
the proper performance of its duties.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-146. City attorney.
The city attorney shall represent the city by presenting cases before the special
magistrate. Each case before the special magistrate shall be presented by either the city
attorney or by a member of the administrative staff of the municipality.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-147. Jurisdiction.
(a) The special magistrate(s) shall have the jurisdiction and authority to hear and decide
alleged violations of the following:
(1) City of Atlantic Beach Code of Ordinances, pursuant to Chapter 162, Florida
Statutes and the provisions of this Code, each as may be amended; and
Supp. No. 45 168
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ADMINISTRATION § 2-148
(2) State of Florida Building Code, administration section of Chapter 553, Florida
Statutes, as adopted by the State of Florida and by the city;
(3) International Property Maintenance Code as adopted by the city;
(4) All other local codes and ordinances as allowed by Chapter 162, Part 1, Florida
Statutes, Local Government Code Enforcement Boards, as it may be amended from
time to time.
(b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation
of any of the provisions of subsection (a) may be pursued by appropriate remedy in court at
the option of the administrative official whose responsibility it is to enforce that respective
code or ordinance.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-148. Procedure; enforcement and hearings.
(a) Enforcement procedures.
(1) For the purpose of this division, "code officer" means any authorized agent or
employee of the City of Atlantic Beach whose duty it is to insure compliance with the
code and ordinances of the city.
(2) It shall be the duty of the code officer to initiate enforcement proceedings of the
various codes and ordinances. Special magistrate shall not have the power to initiate
such enforcement proceedings.
(3) Except as provided in subsections (4) and (5) below, if a violation of the codes or
ordinances is found, the code inspector shall first notify the violator and give him/her
reasonable time to correct the violation. Should the violation continue beyond the
time specified for correction, the code officer shall notify the special magistrate and
request a hearing. The special magistrate or their clerical staff shall schedule a
hearing and notice of such hearing shall be provided to said violator pursuant to
subsection (d) or this section. If the violation is corrected and then recurs, or if the
violation is not corrected by the time specified for correction by the code officer, the
case may be presented to the special magistrate even if the violation has been
corrected prior to the hearing, and the notice shall so state.
(4) If the code officer has reason to believe a violation or the condition causing a violation
presents a serious threat to the public health, safety, and welfare, or if the violation
is irreparable or irreversible in nature, the code officer shall make a reasonable effort
to notify the violator and may immediately notify the special magistrate and request
a hearing.
(5) If a repeat violation is found, the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code
inspector, upon notifying the violator of a repeat violation, shall notify the special
magistrate and request a hearing. The special magistrate, through their clerical
staff, shall schedule a hearing and shall provide notice pursuant to subsection (d) of
Supp. No. 45 169
§ 2-148 ATLANTIC BEACH CODE
this section. The case may be presented to the special magistrate even if the repeat
violation has been corrected prior to the hearing, and the notice shall so state.
"Repeat violation" means a violation of a provision of a code or ordinance by a person
who has been previously found through a special magistrate or any other quasi-
judicial or judicial process, to have violated or who has admitted violating the same
provision with five (5) years prior to the violation, notwithstanding the violations
occur at different locations.
(6) If the owner of property which is subject to an enforcement proceeding before the
special magistrate, or a court transfers ownership of such property between the time
the initial pleading was served and the time of the hearing, such owner shall:
a. Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
b. Deliver to the prospective transferee a copy of the pleadings, notice, and other
material relating to the code enforcement proceeding received by the transferor.
c. Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in
the code enforcement proceedings.
d. File a notice with the code officer or clerical staff of the transfer of the property,
with the identity and address of the new owner and copies of the disclosures
made to the new owner, with five (5) days after the date of the transfer.
A failure to make the disclosures described in paragraphs a., b., and c. before
the transfer creates a rebuttable presumption of fraud. If the property is
transferred before the hearing, the proceeding shall not be dismissed, but the
new owner shall be provided a reasonable period of time to correct the violation
before the hearing is held.
(b) Hearing process.
(1) Administrative support staff for the special magistrate shall establish annually a
schedule of periodic meetings. In addition, upon request of the code officer, or at such
other times as may be necessary, the special magistrate may call a hearing.
(2) Upon scheduling of a hearing, the special magistrate shall cause notice therefore to
be furnished to the alleged violator by such methods as described in subsection (d) of
this section. Said notice of hearing shall contain the date, time and place of the
hearing and shall include the sworn statement of the code inspector setting forth the
nature of the violation and reference to the appropriate code or ordinance.
(3) Assuming proper notice of the hearing has been provided to the alleged violator as
provided in subsection (2) above, a hearing may proceed in the absence of the alleged
violator.
(4) At the hearing, the burden of proof shall be upon the city to show, by a preponderance
of evidence that a violation does exist.
Supp. No. 45 170
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ADMINISTRATION § 2-148
(5) All testimony shall be under oath and shall be recorded; the special magistrate shall
take testimony from the city and alleged violator, and from such other witnesses as
may be called by the respective parties.
(6) Formal rules of evidence shall not apply, but fundamental due process shall be
observed and govern said proceedings.
(7) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other
evidence of a type commonly relied upon by reasonably prudent persons in the
conduct of their affairs shall be admissible, whether or not such evidence would be
admissible in accordance with State of Florida Rules of Evidence.
(8) The special magistrate may inquire of any witness before the special magistrate. The
alleged violator, or the violator's attorney or representative, and the city shall be
permitted to inquire of any witness appearing before the special magistrate and shall
be permitted to present brief opening and closing statements.
(9) At the conclusion of the hearing, the special magistrate shall issue findings of fact,
based on the evidence of record, and conclusions of law, and shall issue an order
affording the proper relief consistent with powers granted by Chapter 162, Florida
Statutes, the city's Code of Ordinances and any other law or ordinance granting
authority to the special magistrate. The order may include a notice that it must be
complied with by a specified date and that a fine will be imposed should the
compliance not be achieved and, under the conditions specified in subsection 2-150(b)
of this division, any such costs incurred in prosecuting this case may be included,
along with the fine if the order is not complied with by said date. The order shall be
reduced to writing and mailed by certified mail, return receipt requested, to the
alleged violator with fifteen (15) working days after the hearing. A certified copy of
such order may be recorded in the public records of Duval County and shall
constitute notice to any subsequent purchasers, successors in interest, or assigns if
the violation concerns real property, and the findings therein shall be binding upon
the violator and, if the violation concerns real property, any subsequent purchasers,
successors in interest, or assigns. If an order is recorded in the public records
pursuant to this subsection and the order is complied with by the date specified in
the order, the special magistrate shall issue an order acknowledging compliance that
shall be recorded in the public records. A hearing is not required to issue such an
order showing compliance.
(10) The city shall present each case before the special magistrate. If the city prevails in
prosecuting a case before the special magistrate, it shall be entitled to recover all
costs incurred in prosecuting the case, including without limitation, attorneys' fees
and costs.
(c) Rehearing.
(1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing of
the initial order of the special magistrate. Any such rehearing request shall be filed
Supp. No. 45 171
§ 2-148 ATLANTIC BEACH CODE
with the city clerk's office within ten (10) days of the execution of the order to be
appealed. Consideration of a request for rehearing shall be scheduled by the
administrative staff for the next available hearing date by the special magistrate.
Notice of the hearing date shall be provided by the administrative staff via first class
mail to the entity that files the request for rehearing.
(2) Any request for rehearing must be made in writing and be based on the following
grounds:
a. That there exists new and material evidence which, if introduced at the
hearing, would allegedly have changed the special magistrate's decision and
could not with reasonable diligence have been discovered before and produced
at the initial hearing; and
b. Given this evidence, a description of how the order issued is contrary to the law
and evidence.
(3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall
it toll any fines mandated by the order in question, should the request for rehearing
be denied.
(4) If the request for rehearing is granted, the special magistrate shall schedule the case
for consideration at a future hearing, to be heard de novo.
(d) Notice requirements.
(1) All notices required by this division 2 shall be provided to the alleged violator by:
a. Certified mail, return receipt requested, provided if such notice is sent under
this paragraph to the owner of the property in question at the address listed in
the tax collector's office for tax notices, and at any other address provided to the
city code enforcement staff or administrative staff of the city or the special
magistrate by such owner and is returned as unclaimed or refused, notice may
be provided by posting as described in subparagraphs (d)(2)d. and e. below, and
by first class mail directed to the addresses furnished to the City of Atlantic
Beach with a properly executed proof of mailing or affidavit confirming the first
class mailing; or
b. Hand delivery by the sheriff or other law enforcement officer, code officer, or
other person designated by the City of Atlantic Beach; or
c. Leaving at the violator's usual place of residence with any person residing
therein who is above fifteen (15) years of age and informing such person of the
contents of the notice; or
d. In the case of commercial premises, leaving the notice with the manager or
other person in charge.
Supp. No. 45 172
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ADMINISTRATION § 2-150
(2) In addition to providing notice as set forth in section 2-148(d)(1) of this division, at
the option of the special magistrate, notice may also be served by First -Class Mail
and either publication or posting, as follows:
a. Such notice shall be published once during each week for four (4) consecutive
weeks (four (4) publications being sufficient) in a newspaper of general
circulation in Atlantic Beach. The newspaper shall meet such requirements as
are prescribed under Chapter 50, Florida Statutes, for legal and official
advertisements.
b. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051.
c. Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its
posting.
d. Notice by publication or posting may run concurrently with, or may follow, any
attempt or attempts to provide notice by hand delivery or by mail as required by
subsection (d) of this section.
e. Evidence that an attempt has been made to hand deliver or mail notice as
provided in subsection (d)(1) of this section, together with proof of publication or
posting as provided in subsection (d)(2) of this section, shall be sufficient to
show that the notice requirements of this division have been met, without
regard to whether or not the alleged violator actually received such notice.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-149. Powers.
The special magistrate shall have the power to:
(1) Adopt rules for the conduct of code enforcement hearings.
(2) Subpoena alleged violators and witnesses to code enforcement hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of law, commanding whatever steps are
necessary to bring a violation into compliance.
(6) Levy fines pursuant to subsection 2-150.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-150. Administrative fines; cost of repairs; contests; liens; money judgments.
(a) The special magistrate, upon notification by the code officer that an order of the
special magistrate has not been complied with by the set time or, upon finding that a repeat
violation has been committed, may order the violator to pay a fine in an amount specified in
the section for each day the violation continues past the date set by the special magistrate for
compliance or, in the case of a repeat violation, for each day the repeat violation continues,
Supp. No. 45 172.1
§ 2-150 ATLANTIC BEACH CODE
beginning with the date the violation is a violation described in subsection 2-148(b)(9) of this
division. The special magistrate may also authorize the city manager or his designee to
make all reasonable repairs which are required to bring the violations into compliance and
charge the violator with the reasonable cost of the repairs up to twenty thousand dollars
($20,000.00), along with the fine imposed pursuant to the section. Repairs exceeding twenty
thousand dollars (S20,000.00) within a one-year period shall require approval by the city
commission. Making such repairs does not create a continuing obligation on the part of the
city to make further repairs to maintain the property and does not create any liability
against the city for any damages to the property if such repairs were completed in good faith.
If a finding of a violation or a repeat violation has been made as provided in this section, a
hearing shall not be necessary for the issuance of the order imposing the fine. A fine imposed
pursuant to the section shall not exceed five hundred dollars ($500.00) per day for a first
violation and shall not exceed two hundred fifty dollars ($250.00) per day for a repeat
violation, and, in addition, may include all costs incurred in enforcing this ordinance and all
costs of repairs pursuant to this section. If after due notice and hearing, the special
magistrate finds a violation to be irreparable or irreversible in nature, it may order the
violator to pay a fine not to exceed five thousand dollars ($5,000.00) per violation.
(b) In determining the amount of the fine, if any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) When considering alleged violations of section 4-10, dangerous dogs, or section 4-11,
classification of dogs as dangerous, the special magistrate may impose fines to cover all costs
incurred by the city in enforcing its codes. Criteria that the special magistrate may consider
include, but are not limited to, the following:
(1) The gravity of the incident giving rise to the dangerous dog declaration;
(2) Any previous animal control violations by the violator;
(3) Any actions taken by the dog owner to prevent or correct aggressive behavior;
(4) The complexity and resources required to complete the investigation; and
(5) The cost and outcome of the hearing.
(d) The special magistrate may reduce a fine imposed pursuant to this section at any
time.
(e) Notice of finding by the code officer of noncompliance with the prior order of the
special magistrate shall be mailed to the violator. The violator may contest in writing the
findings of the code officer. Such contest must be postmarked within ten (10) days of the
postmark date on the noncompliance notice and mailed to the administrative staff as
designated by the special magistrate. Upon receipt of a contest letter, the special magistrate
Supp. No. 45 172.2
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ADMINISTRATION § 2-151
shall provide notice to the violator of the contest hearing date and time. If the violator, after
filing the written contest, fails to attend the noticed contest hearing, the violator's contest
shall be considered withdrawn by the special magistrate. Any review of a contest hearing
under this section shall be constrained to whether the code officer's finding of noncompliance
is supported by the evidence presented that the violation as the date of the inspection
remained uncured. At the hearing, the burden of proof shall be upon the violator to show, by
a preponderance of the evidence, that a violation did not exist at the time of the inspection.
Upon hearing from the violator or his attorney and the code officer or the city attorney, the
special magistrate shall either dismiss the case or uphold the finding of the code officer.
(f) Following the failure of the violator to file a contest within the time permitted under
the above section, or the upholding of the finding of the code officer by the special magistrate,
a certified copy of an order imposing a fine, or a fine plus costs, may be recorded in the public
records of Duval County, Florida, and thereafter, shall constitute a lien against the land
upon which the violation exists and upon any other real or personal property owned by the
violator. Upon petition to the circuit court, such order shall be enforceable in the same
manner as a court judgment by the sheriffs of this state, including execution and levy
against the personal property of the violator, but such order shall not be deemed otherwise
as a court judgment except for the enforcement purposes.
(g) A fine imposed pursuant to this part shall continue to accrue until the violator comes
into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant
to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this
section runs in favor of the City of Atlantic Beach and the special magistrate may execute a
satisfaction or release of lien entered pursuant to this section. After three (3) months from
the filing of any such liens which remains unpaid, the special magistrate may authorize the
local governing body attorney to foreclose on the lien or to sue to recover a money judgment
for the amount of the lien plus accrued interest. No lien created pursuant to the provision of
this section may be foreclosed on real property which is a homestead under Section 4, Article
X of the Florida State Constitution. The money judgment provision of this section shall not
apply to real property or personal property which is covered under Section 4(a), Article X of
the Florida Constitution.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-151. Duration of lien.
(a) No lien provided by this division shall continue for a period longer than twenty (20)
years after the certified copy of an order imposing the fine has been recorded, unless within
that time an action to foreclose on the lien is commenced in a court of competent jurisdiction.
In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fees that it incurs in the foreclosure. The city shall be
entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation
of the lien affected by the commencement of the action to foreclose shall not be good against
the creditors or subsequent purchasers for valuable consideration with notice, unless a
notice of lis pendens is recorded.
Supp. No. 45 172.3
§ 2-151 ATLANTIC BEACH CODE
(b) In circumstances where the City of Atlantic Beach's interest in a property has been
foreclosed and the property has been sold at a foreclosure sale, the city's lien is not satisfied,
but removed from the subject property by a final judgment issued by the court. • Upon
request, the city will prepare and record a partial release of lien to release the subject
property from the code enforcement lien upon payment of fees for costs and services charged
to the requesting party.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Sec. 2-152. Appeal.
(a) An aggrieved party, including the city commission, may appeal a final administrative
order of the special magistrate to the circuit court. Any such appeal shall be filed with thirty
(30) days of the execution of the order to be appealed.
(b) Such an appeal shall not be a hearing de novo, but shall be limited to appellate review
of the record created before the special magistrate.
(c) The special magistrate shall, by rule, establish reasonable charges for the preparation
of the record to be paid by the appealing party.
(Ord. No. 5-19-68, § 1(Exh. A), 2-11-19)
Secs. 2-153-2-160. Reserved.
DIVISION 3. RESERVED*
Secs. 2-161-2-225. Reserved.
ARTICLE VI. EMPLOYEE BENEFITSt
DIVISION 1. GENERALLY
Sec. 2-226. Reserved.
Editor's note—Ord. No. 5-04-43, adopted Feb. 23, 2004, deleted § 2-226, which pertained
to holiday schedule and derived from Ord. No. 5-86-17, § 1, 10-27-86; Ord. No. 5-94-25, § 1,
1-24-94; and Ord. No. 5-02-40, 12-9-02.
Secs. 2-227-2-240. Reserved.
*Editor's note—Ord. No. 5-19-68, § 2(Exh. A), adopted Feb. 11, 2019, repealed former
div. 3, §§ 2-161, 2-162, 2-167-2-169, which pertained to the nuisance control board, and
derived from Ord. No. 95-89-40, §§ 2, 7-9, adopted June 12, 1989; and Ord. No. 95-09-99,
§ 1, adopted May 26, 2009.
fCross reference Any ordinance relating to the salaries of the city officers or
employees saved from repeal, § 1-5(6).
Supp. No. 45 172.4
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ADMINISTRATION § 2-241
DIVISION 2. OLD -AGE AND SURVIVORS INSURANCE*
Sec. 2-241. Statement of policy.
It is hereby declared to be the policy and purpose of the city to extend, effective as of
January 1, 1951, to the employees and officials of the city not excluded by law, and whether
employed in connection with a governmental or proprietary function, the benefits of the
system of old -age and survivors insurance, as authorized by the Federal Social Security Act
and amendments thereto, including Public Law 734 of the 81st Congress, and by F.S. Ch.
650; and to cover by such plan all services which constitute employment as defined in F.S.
§ 650.02, performed in the employ of the city by employees thereof. In pursuance of such
policy, and for that purpose, the city shall take such action as may be required by applicable
state or federal laws or regulations.
(Code 1970, § 16-4)
*State law references—Social security for public employees, F.S. Ch. 650; authority of
political subdivisions of state to submit plans for inclusion under the social security act, F.S.
§ 650.05.
Supp. No. 45 172.5
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ADMINISTRATION § 2-263
such person's name shall be submitted to the Atlantic Beach City Commission. Upon receipt
of the fifth person's name, the Atlantic Beach City Commission shall confirm the appoint-
ment to the board as its fifth trustee. The fifth trustee shall have the same rights as each of
the other four (4) trustees appointed or elected as herein provided and shall serve a
three-year term unless he sooner vacates the office. Each resident trustee shall serve as
trustee for a three-year term unless he sooner vacates the office or is sooner replaced by the
Atlantic Beach City Commission at whose pleasure he shall serve. Each member trustee
shall serve as trustee for a three-year term, unless he sooner leaves the employment of the
city as a general employee or otherwise vacates his office as trustee. In addition, an
alternate trustee, who shall be a legal resident of the city, shall be appointed by the Atlantic
Beach City Commission and shall serve for a three-year term unless he sooner vacates the
office. The alternate trustee is strongly encouraged to attend all board meetings and shall be
allowed to vote and participate in board business subject to the requirements of this section
in the absence of a regular board trustee. Regular trustees and alternate trustees may serve
up to a maximum of three (3) consecutive terms; provided however, that any regular or
alternate trustee whose term expires shall continue to serve until a replacement appoint-
ment is effective. All terms shall expire on December 31 of the proper year. No regular or
alternate trustee shall hold any other public office in violation of Article II, Section 5(a),
Florida Constitution. A vacancy shall occur on the board if any trustee shall resign, be
removed for cause pursuant to this section, any employee representative ceases to be
employed by the city or a member's term expires. Any trustee who wishes to resign should
submit a letter of resignation to the chairman and city clerk. Whenever a vacancy arises, a
successor trustee shall be chosen in the same manner as the departing trustee, and if the
vacancy arises mid-tei ni, then such appointment shall be for the remainder of the unexpired
term. Should the length of the unexpired term be less than one (1) year, then such interim
term shall not count towards the maximum number of consecutive terms. Any trustee who
fails to attend three (3) consecutive meetings without prior notice to the director of finance,
or his/her designee, and without reasonable cause, shall have his office declared vacant by
the board. DROP participants can be elected as but not vote for elected trustees. The board
shall establish and administer the nominating and election procedures for each election. The
board shall meet at least quarterly each year. The board shall be a legal entity with, in
addition to other powers and responsibilities contained herein, the power to bring and
defend lawsuits of every kind, nature, and description.
(b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a
secretary. The secretary of the board shall keep minutes of the actions, proceedings, or
hearings of the board. The trustees shall not receive any compensation as such, but may
receive expenses and per diem as provided by law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes
shall be necessary for any decision by the trustees at any meeting of the board. A trustee
shall abstain from voting as the result of a conflict of interest and shall comply with the
provisions of F.S. § 112.3143.
Supp. No. 45
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§ 2-263 ATLANTIC BEACH CODE
(d) The board shall engage such actuarial, accounting, legal, and other services as shall
be required to transact the business of the system. The compensation of all persons engaged
by the board and all other expenses of the board necessary for the operation of the system
shall be paid from the fund at such rates and in such amounts as the board shall agree.
(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to, the following:
(1) To construe the provisions of the system and determine all questions arising
thereunder.
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(4) To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the system.
(5) To distribute to members, at regular intervals, information concerning the system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising
through operation of the system and fund.
(8) To have performed actuarial studies and valuations, at least as often as required by
law, and make recommendations regarding any and all changes in the provisions of
the system.
(9) To perform such other duties as are required to prudently administer the system.
(Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-18-42, § 1, 1-14-19)
Sec. 2-264. Finances and fund management.
Establishment and operation of fund.
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the system,
including the assets of the prior general employees' retirement system.
(b) The actual custody and supervision of the fund (and assets thereof) shall be vested in
the board. Payment of benefits and disbursements from the fund shall be made by the
disbursing agent but only upon written authorization from the board.
(c) All funds of the general employees' retirement system may be deposited by the board
with the finance director of the city, acting in a ministerial capacity only, who shall be liable
in the same manner and to the same extent as he is liable for the safekeeping of funds for the
city. However, any funds so deposited with the finance director of the city shall be kept in a
separate fund by the finance director or clearly identified as such funds of the general
employeesretirement system. In lieu thereof, the board shall deposit the funds of the
Supp. No. 45 180
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ADMINISTRATION § 2-264
general employees' retirement system in a qualified public depository as defined in F.S.
§ 280.02, which depository with regard to such funds shall conform to and be bound by all of
the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibili-
ties as set forth herein, the board may retain the services of a custodian bank, an investment
advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such
required registration, an insurance company, or a combination of these, for the purposes of
investment decisions and management. Such investment manager shall have discretion,
subject to any guidelines as prescribed by the board, in the investment of all fund assets.
(d) All funds and securities of the system may be commingled in the fund, provided that
accurate records are maintained at all times reflecting the financial composition of the fund,
including accurate current accounts and entries as regards the following:
(1) Current amounts of accumulated contributions of members on both an individual
and aggregate account basis; and
(2) Receipts and disbursements; and
Supp. No. 45 180.1
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ADMINISTRATION § 2-300
Plan year means the twelve-month period beginning October 1 and ending September 30
of the following year.
Police officer means an actively employed full-time person, employed by the city, including
his initial probationary employment period, who is certified as a police officer as a condition
of employment in accordance with the provisions of F.S. § 943.1395, who is vested with
authority to bear arms and make arrests, and whose primary responsibility is the prevention
and detection of crime or the enforcement of the penal, traffic, or highway laws of the State
of Florida.
Retiree means a member who has entered retirement status.
Retirement means a member's separation from city employment with eligibility for
immediate receipt of benefits under the system or entry into the deferred retirement option
plan.
Salary means the total compensation for services rendered to the city as a police officer
reportable on the member's W-2 form plus all tax deferred, tax sheltered, or tax exempt items
of income derived from elective employee payroll deductions or salary reductions. Compensa-
tion shall include base salary or wages, longevity pay, overtime pay, cost of living payments,
salary or wages while absent from work on account of vacation, holiday, or illness, and will
also include incentive pay as defined in F.S. § 943.22. Compensation shall not include
redemptions or payments in consideration of unused vacation time or sick leave, the value of
any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses,
or payments for extra duty or a special detail work performed on behalf of a second party
employer or any other item not specifically included. For service earned after February 26,
2013, (the "effective date"), salary shall not include more than three hundred (300) hours of
overtime per calendar year. Provided however, in any event, payments for overtime in excess
of three hundred (300) hours per year accrued as of the effective date and attributable to
service earned prior to the effective date, may still be included in salary for pension purposes
even if the payment is not actually made until on or after the effective date.
Compensation in excess of the limitations set forth in section 401(a)(17) of the IRC as of
the first day of the plan year shall be disregarded for any purpose, including employee
contributions or any benefit calculations. The annual compensation of each member taken
into account in determining benefits or employee contributions for any plan year beginning
on or after January 1, 2002, may not exceed two hundred thousand dollars ($200,000.00), as
adjusted for cost -of -living increases in accordance with IRC section 401(a)(17)(B). Compensa-
tion means compensation during the fiscal year. The cost -of -living adjustment in effect for a
calendar year applies to annual compensation for the determination period that begins with
or within such calendar year. If the determination period consists of fewer than twelve (12)
months, the annual compensation limit is an amount equal to the otherwise applicable
annual compensation limit multiplied by a fraction, the numerator of which is the number of
months in the short determination period, and the denominator of which is twelve (12). If the
compensation for any prior determination period is taken into account in determining a
member's contributions or benefits for the current plan year, the compensation for such prior
Supp. No. 45 188.33
§ 2-300 ATLANTIC BEACH CODE
determination period is subject to the applicable annual compensation limit in effect for that
prior period. The limitation on compensation for an "eligible employee" shall not be less than
the amount which was allowed to be taken into account hereunder as in effect on July 1,
1993. "Eligible employee" is an individual who was a member before the first plan year
beginning after December 31, 1995.
Spouse means the member's or retiree's spouse under applicable law at the time benefits
become payable.
System means the City of Atlantic Beach Police Officers' Retirement System as contained
herein and all amendments thereto.
(b) Masculine gender. The masculine gender, where used herein, unless the context
specifically requires otherwise, shall include both the feminine and masculine genders.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 1, 4-24-17)
Sec. 2-301. Membership.
Conditions of eligibility. All police officers as of the effective date, and all future new police
officers, shall become members of this system as a condition of employment. Notwithstand-
ing the previous sentence, a new employee who is hired as the police chief may, upon
employment as police chief, notify the board and the city, in writing, of his election to not be
a member of the system. Current employees of the city who are selected to become police
chief are not eligible for the opt -out provided for herein. In the event of any such election, he
shall be barred from future membership in the system. Thereafter, contributions to the plan
in accordance with section 2-304 shall not be required, he shall not be eligible to be elected
as a member trustee on the board or vote for a member trustee and shall not be eligible for
any other benefits from the plan.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 2, 4-24-17)
Sec. 2-302. Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper operation of
the system and for making effective the provisions of this article is hereby vested in a board
of trustees. The board is hereby designated as the plan administrator. The board shall
consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal
residents of the city, who shall be appointed by the Atlantic Beach City Commission, and two
(2) of whom shall be members of the system, who shall be elected by a majority of the police
officers who are members of the system. The fifth trustee shall be chosen by a majority of the
previous four (4) trustees as provided for herein, and such person's name shall be submitted
to the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the Atlantic
Beach City Commission shall, as a ministerial duty, appoint such person to the board as its
fifth trustee. The fifth trustee shall have the same rights as each of the other four (4)
trustees appointed or elected as herein provided and shall serve a three-year term unless he
sooner vacates the office. Each resident trustee shall serve as trustee for a three-year term
unless he sooner vacates the office or is sooner replaced by the Atlantic Beach City
Supp. No. 45 188.34
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ADMINISTRATION § 2-302
Commission at whose pleasure he shall serve. Each member trustee shall serve as trustee
for a three-year term, unless he sooner leaves the employment of the city as a police officer
or otherwise vacates his office as trustee. Trustees may serve up to a maximum of three (3)
consecutive terms; provided however, that any trustee whose term expires shall continue to
serve until a replacement appointment is effective. All terms shall expire on December 31 of
the proper year. No trustee shall hold any other public office in violation of Article II, Section
5(a), Florida Constitution. A vacancy shall occur on the board if any trustee shall resign, be
removed for cause pursuant to this section, a police officer member trustee ceases to be
employed by the city or a trustee's teiiu expires. Any trustee who wishes to resign should
submit a letter of resignation to the chairman and city clerk. Whenever a vacancy arises, a
successor trustee shall be chosen in the same manner as the departing trustee, and if the
vacancy arises mid-term, then such appointment shall be for the remainder of the unexpired
term. Should the length of the unexpired term be less than one (1) year, then such interim
term shall not count towards the maximum number of consecutive terms. Any trustee who
fails to attend three (3) consecutive meetings without prior notice to the director of finance,
or his/her designee, and without reasonable cause, shall have his office declared vacant by
the board. DROP participants can be elected as but not vote for elected trustees. The board
shall establish and administer the nominating and election procedures for each election. The
board shall meet at least quarterly each year. The board shall be a legal entity with, in
addition to other powers and responsibilities contained herein, the power to bring and
defend lawsuits of every kind, nature, and description.
(b) The trustees shall, by a majority vote, elect a chairman, vice-chairman and a
secretary. The secretary of the board shall keep a complete minute book of the actions,
proceedings, or hearings of the board. The trustees shall not receive any compensation as
such, but may receive expenses and per diem as provided by law.
(c) Each trustee shall be entitled to one (1) vote on the board. Three (3) affirmative votes
shall be necessary for any decision by the trustees at any meeting of the board. A trustee
shall abstain from voting as the result of a conflict of interest and shall comply with the
provisions of F.S. § 112.3143.
(d) The board shall engage such actuarial, accounting, legal, and other services as shall
be required to transact the business of the system. The compensation of all persons engaged
by the board and all other expenses of the board necessary for the operation of the system
shall be paid from the fund at such rates and in such amounts as the board shall agree. In
the event the board chooses to use the city's legal counsel, actuary or other professional,
technical or other advisors, it shall do so only under terms and conditions acceptable to the
board.
(e) The duties and responsibilities of the board shall include, but not necessarily be
limited to, the following:
(1) To construe the provisions of the system and determine all questions ari
thereunder.
Supp. No. 45 188.35
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§ 2-302 ATLANTIC BEACH CODE
(2) To determine all questions relating to eligibility and membership.
(3) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(4) To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the system.
(5) To distribute to members, at regular intervals, information concerning the system.
(6) To receive and process all applications for benefits.
(7) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising
through operation of the system and fund.
(8) To have performed actuarial studies and valuations, at least as often as required by
law, and make recommendations regarding any and all changes in the provisions of
the system.
(9) To perform such other duties as are required to prudently administer the system.
(Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-18-43, § 1, 1-14-19)
Sec. 2-303. Finances and fund management.
Establishment and operation of fund.
(a) As part of the system, there is hereby established the fund, into which shall be
deposited all of the contributions and assets whatsoever attributable to the system,
including the assets of the prior police officers' retirement system.
(b) The actual custody and supervision of the fund (and assets thereof) shall be vested in
the board. Payment of benefits and disbursements from the fund shall be made by
the disbursing agent but only upon written authorization from the board.
(c) All funds of the police officers' retirement system may be deposited by the board with
the finance director of the city, acting in a ministerial capacity only, who shall be
liable in the same manner an d to the same extent as he is liable for the safekeeping
of funds for the city. However, any funds so deposited with the finance director of the
city shall be kept in a separate fund by the finance director or clearly identified as
such funds of the police officers' retirement system. In lieu thereof, the board shall
deposit the funds of the police officers' retirement system in a qualified public
depository as defined in F.S. § 280.02, which depository with regard to such funds
shall conform to and be bound by all of the provisions of Chapter 280, Florida
Statutes. In order to fulfill its investment responsibilities as set forth herein, the
board may retain the services of a custodian bank, an investment advisor registered
under the Investment Advisors Act of 1940 or otherwise exempt from such required
registration, an insurance company, or a combination of these, for the purposes of
Supp. No. 45 188.36
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ADMINISTRATION § 2-303
investment decisions and management. Such investment manager shall have
discretion, subject to any guidelines as prescribed by the board, in the investment of
all fund assets.
(d) All funds and securities of the system may be commingled in the fund, provided that
accurate records are maintained at all times reflecting the financial composition of
the fund, including accurate current accounts and entries as regards the following:
(1) Current amounts of accumulated contributions of members on both an individual
and aggregate account basis; and
(2) Receipts and disbursements; and
(3) Benefit payments; and
(4) Current amounts clearly reflecting all monies, funds and assets whatsoever
attributable to contributions and deposits from the city; and
Supp. No. 45 188.36.1
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ADMINISTRATION § 2-366
Sec. 2-363. Authorized travel.
(a) Travelers shall not be allowed either mileage or transportation expenses when they
are transported gratuitously by, another person or when they are transported by another
authorized traveler who is entitled to mileage or transportation expense.
(b) Reimbursement for expenditures related to the operation, maintenance, depreciation
and ownership of a vehicle shall not be allowed when a privately -owned vehicle is used on
public business and mileage allowance is paid.
(c) The city manager may permit an authorized traveler to regularly, on a monthly basis,
use a privately owned vehicle on city business. In these instances, the traveler must submit
a monthly log of the actual miles traveled and a monthly request for reimbursement. Travel
occurring outside county or travel in conjunction with the authorized traveler receiving
reimbursement for meals and lodging expense or for travel to and from home shall not be
included in the log.
(Ord. No. 5-83-11, § 8, 1-9-84)
Sec. 2-364. Reimbursable incidental expenses.
An authorized traveler may be reimbursed for incidental travel expenses incurred during
the course of travel. These incidental travel expenses include but are not limited to the
following:
(1) Taxi, ferry and airport limousine fares;
(2) Bridge, road and tunnel tolls;
(3) Storage and parking fees;
(4) Telephone and telegraph charges relating to city business;
(5) Registration, convention or tuition fees not prepaid by the city.
(Ord. No. 5-83-11, § 9, 1-9-84)
Sec. 2-365. Auditing.
A travel expense report or voucher as developed by the city manager shall be submitted to
the director of finance within thirty (30) days after the travel expense. Each approved travel
expense report will be audited by the director of finance when received.
(Ord. No. 5-83-11, § 10, 1-9-84)
Sec. 2-366. Fraudulent claims.
Claims submitted pursuant to this division shall be signed by the authorized traveler and
shall be verified by a written declaration that it is true and correct as to every material
matter. Any individual who makes or aides in the making of a false or fraudulent claim shall
be guilty of a violation against the city and upon conviction thereof shall be punished as
provided by section 1-11 or in the city's personnel rules and regulations. In addition, any
Supp. No. 45 197
§ 2-366 ATLANTIC BEACH CODE
person who received a travel allowance, advance or reimbursement by means of a false claim
shall be civilly liable for the repayment of the amount into the public fund from which the
claim was paid.
(Ord. No. 5-83-11, § 11, 1-9-84)
DIVISION 4. SERVICE AND USER CHARGES
Sec. 2-367. Authorization.
The City of Atlantic Beach hereby authorizes the establishment of service charges and
user fees for services provided by the city not otherwise paid for by ad valorem taxes and as
set and approved from time to time by the city commission.
(Ord. No. 5-85-15, § 1, 1-13-86)
Sec. 2-368. Fees and charges.
In accordance with the provisions of section 2-367 herein, the following fees and charges
are approved:
Accident and other public reports issued by the Atlantic Beach police
department or fire department (each copy) $ 3.00
City clerk lien letter 10.00
Copy machine, per imprint up to size 81/2x14 (first two copies free to senior
citizens) 0.10
Copy machine, per imprint larger than 81/2x14 0.25
Backhoe (including travel time), minimum two hours portal to portal, per
hour 50.00
Labor, all departments, actual cost plus 30 percent for fringes
Mud hog, per hour 15.00
Trucks, each (including travel time), per hour 20.00
All tractors (including travel time), per hour 35.00
Bush hog, per hour 15.00
Materials, cost plus 10 percent for handling
Bore machine, per connection 60.00
Duplicate audio tape 15.00
Occupational license listing 10.00
(Ord. No. 5-85-15, § 1, 1-13-86; Ord. No. 5-86-18, § 1, 1-12-87; Ord. No. 5-87-19, § 1, 9-28-87;
Ord. No. 5-93-23, § 2, 2-8-93; Ord. No. 5-93-24, § 1, 10-25-93; Ord. No. 5-02-38, § 1, 9-23-02)
Secs. 2-369-2-399. Reserved.
Supp. No. 45 198
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Chapter 4
ANIMALS*
Article I. In General
Sec. 4-1. Animal control enforcement.
Sec. 4-1.1. Definitions.
Sec. 4-2. Interfering with performance of duties.
Sec. 4-3. Authority to enter private property.
Sec. 4-4. City designated bird sanctuary, trapping, hunting, molesting, etc., of birds
prohibited; exception.
Sec. 4-5. Cruelty to animals.
Sec. 4-6. Reserved.
Sec. 4-7. Keeping or maintaining certain animals in the city.
Sec. 4-8. Legislative findings.
Sec. 4-9. Injuries caused by animals.
Sec. 4-10. Dangerous dogs.
Sec. 4-11. Classification of dogs as dangerous; certification of registration; notice and
hearing requirements; confinement of animal; exemption; appeals; unlawful
acts.
Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction.
Sec. 4-13. Bite by a police or service dog; exemption from quarantine.
Sec. 444. Severe injury by dog; impoundment; destruction.
Sec. 4-15. Abandoning animals.
Sec. 4-16. Requirements for sales of dogs and cats.
Secs. 4-17-4-23. Reserved.
Article II. Dogs and Cats
Sec. 4-24. Running at large.
Sec. 4-25. Leashing.
Sec. 4-26. Damaging property.
Sec. 4-27.1. Habitual nuisance.
Sec. 4-28. Neglect; restraint by chaining; animal bites.
Sec. 4-29. Rabies vaccinations.
Sec. 4-30. Citations authorized; penalties provided.
Secs. 4-31-4-39. Reserved.
Article III. Backyard Hens
Sec. 4-40. Purpose and intent.
*Editor's note—Section 1 of Ord. No. 95-13-106, adopted July 8, 2013, amended Ch. 4 in
its entirety, in effect repealing §§ 4-1-4-5, 4-7-4-15, 4-21, 4-24 4-30, and enacting similar
new provisions in lieu thereof as §§ 4-1-4-5, 4-7-4-15, 4-24 4-30. See the Code
Comparative Table for a complete derivation.
Cross references—Riding of animals in beach safety zone, § 5-17; occupational license
tax on kennels, § 20-59.
State law reference—Game and freshwater fish, RS. Ch. 372.
Supp. No. 45 299
ATLANTIC BEACH CODE
Sec. 4-41. Definitions.
Sec. 4-42. Permit required.
Sec. 4-43. Permitted locations.
Sec. 4-44. General requirements and prohibitions.
Sec. 4-45. Required improvements.
Sec. 4-46. Effects on other parts of this chapter.
Sec. 4-47, Enforcement.
Supp. No. 45 300
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ANIMALS § 4-1.1
ARTICLE I. IN GENERAL
Sec. 4-1. Animal control enforcement.
The provisions of this chapter shall be enforced by the animal control officer(s), police
officer(s), and code enforcement officer(s) of the city. The powers and authority granted
under this chapter shall be supplemental to the powers and authority already provided for
by Florida Statutes, relating to local animal control regulations.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-1.1. Definitions.
For the purposes of this chapter, the following words and terms shall have the following
meanings unless the context clearly requires otherwise.
Allow or permit, in addition to their common meanings, shall also include any failure to
take reasonable proactive measures to restrict the animal from engaging in any activity
prohibited by this chapter.
Animal means any live vertebrate creature including mammals, birds, reptiles, amphib-
ians and fish, but not humans, and/or as defined in F.S. § 828.02.
Animal control officer/authority means any individual employed, contracted with, or
appointed by the City of Atlantic Beach, for the purpose of aiding in the enforcement of this
chapter or any other law or ordinance relating to the licensure of animals, control of animals,
welfare of animals or seizure and impoundment of animals and includes any state or local
law enforcement officer or other employee whose duties in whole or in part include
assignments that involve the seizure and impoundment of any animal.
At -large means that an animal is off the property of its owner, unless restrained by leash
or tether of twelve (12) feet or less in length, or other physical control device, such that the
animal is under the physical control of a responsible person, and (i) the animal has entered
upon the property of another person without authorization of that person, or (ii) the animal
has entered onto public property, street or right-of-way. If the dog owner's property whether
owned or leased is located within a community association or other common -property
arrangement, it shall also be considered off the owner's, leaser's, or renter's property if the
animal leaves the owner's curtilage and onto common property, unless such property is
clearly designated as an "off -leash" area (i.e., dog park). An animal on a retractable or other
trolley leash system shall be considered at -large if the leash is extended beyond twelve (12)
feet in length since adequate physical control cannot be maintained over the animal.
Business day means Monday through Friday but excluding official holidays recognized by
the city. Unless a provision in this chapter specifically refers to "business" day, any reference
to "day" shall mean a calendar day.
Cat means all domestic felines.
Supp. No. 45 301
§ 4-1.1 ATLANTIC BEACH CODE
Control means the provision, ownership, care and/or custody of an animal or animals (see
"physical control" definition).
Cruelty means any act of cruelty upon an animal as defined in section 4-5 and/or as
provided in Chapter 828, Florida Statutes.
Curtilage means the enclosed land or yard surrounding a house or dwelling.
Dog means all members of the canine family that are domesticated.
Domestic means tame, usually by generations of breeding, and living in close association
with humans as a pet or work animal in such a way that creates a dependency on humans so
that the animal loses its ability to live in the wild.
Enclosure or outdoor enclosure means any structure with at least three '(3) walls, a roof,
and floor in adequate condition as not to endanger the safety of the animal and as to provide
necessary protection of the animal from weather conditions. An enclosure must be properly
located so that it does not allow for standing water to pool inside the enclosure following any
weather event or other water intrusion. For pets not declared dangerous a residence may be
considered a proper enclosure; different rules as specified in this chapter apply to a "proper
enclosure" for declared dangerous dogs.
Harbor means the act of caring for and keeping an animal or the act of providing a
premises or residence to which the animal returns for food, shelter or care for a period of at
least ten (10) days, or at the point where the caregiver is providing the primary source of
sustenance for the animal; whichever time is shorter.
Nuisance means any act performed or permitted to occur (including permitted by lack of
reasonable and appropriate action/control required for prevention) which injures or prevents
another from enjoying his/her legal rights, in particular, the creation of conditions (including
created by lack of reasonable and appropriate actionkontrol required for prevention) leading
to the excessive breeding of fleas or flies, odors or noises and other obnoxious circumstances
caused by the keeping of animals.
Owner means any person, firm, corporation, or other entity possessing, harboring,
keeping, or having control or custody of an animal; a person must be age eighteen (18) or
older to be considered the legal owner of an animal. If a person under the age of eighteen (18)
is considered the custodian or caretaker of the animal, the parents or legal guardians shall
be considered, the legal owner of the animal and responsible for all matters involving that
animal. There shall be a rebuttable presumption that the person's name appearing on the
animal's registration or radio frequency identification device (RFID), commonly known as a
"microchip," is the owner.
Person means any individual person, firm, corporation or other entity. The knowledge and
acts of agents and employees of a firm, corporation or other entity, with regard to the
treatment of animals owned, in the custody of or transported by such firm, corporation or
other organization, shall be the knowledge and acts of the firm, corporation or other entity.
Supp. No. 45 302
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ANIMALS § 4-1.1
Physical control means adequate domination or power to influence/oppress the actions of
the animal to prevent the animal from engaging in biting, aggression towards people or
animals, straying, being at -large or other behaviors regulated by this chapter or state law by
the use of a proper leash or similar device attached to an appropriate collar or harness. To
maintain physical control the animal must be on a leash not to exceed twelve (12) feet at its
maximum extension. Animals on longer leashes or similar devices extended beyond twelve
(12) feet shall be considered not under physical control and may be subject to being treated
as at -large for provisions of this chapter.
Quarantine or ten-day quarantine means confining an animal for observation of any
symptoms of rabies, which confinement is typically for a ten-day time period from the date
of the bite, scratch or other potential rabies exposure, unless a longer time period is required
pursuant to state regulations and guidelines.
Rabies means an acute, fatal, infectious disease of the central nervous system that is
transmitted when the virus is introduced into bite wounds, open cuts in skin, or onto mucous
membranes.
Radio frequency identification device (RFID), commonly referred to as a "microchip", a
device about the size of a grain of rice encased in surgical glass that is implanted underneath
the skin of a dog, cat or other animal that when scanned produces a unique number that
identifies the animal and its owner (if properly registered). When present, an RFID with
registration information shall be considered the primary indication of ownership.
Stray means any animal that is found to be at -large, whether lost by its owner or
otherwise, or that is on the common areas of apartments, condominiums, trailer parks or
other multi -residential premises, and that does not have identification tag and for which
there is no identifiable owner.
Sufficient food means access to the proper food for the species of animal on a regular,
ongoing basis in quantities sufficient to maintain a regular body weight. Animals under
active, current veterinary care may deviate from this based upon the expertise of a licensed
veterinarian.
Sufficient water means access to clean, fresh, potable water of a drinkable temperature on
a regular, ongoing basis that is provided in a suitable manner and in sufficient volume.
Transporting means shipping, transporting, carrying, importing, exporting, receiving or
delivering for shipment, transportation, carriage or export.
Vaccination against rabies means the proper administration of anti -rabies inoculation or
vaccination by a veterinarian licensed by the state board of veterinary medicine.
Veterinarian means an individual who is licensed to engage in the practice of veterinary
medicine in Florida.
Supp. No. 45 303
§ 4-1.1 ATLANTIC BEACH CODE
Wholesome exchange of air means sufficient ventilation or other means of air exchange
adequate to prevent the accumulation of noxious odors and limit airborne disease transfer
and provide adequate air movement in/through the structure.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-2. Interfering with performance of duties.
It shall be unlawful for any person to interfere with, resist, prevent or hinder any animal
control officer in the performance of any duty required by this chapter including, but not
limited to, removing or attempting to remove an animal from an animal control officer's
vehicle, tampering with or removing an animal from a City of Atlantic Beach animal trap,
tampering with or destroying signs and/or other city property, interfering with the lawful
execution of the duties of an animal control officer or interfering with the lawful
impoundment of an animal. All alleged violators of any section of this chapter shall be
required to provide positive photo identification and accurate current residence. Violations
of the section are punishable by a fine of five hundred dollars ($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-3. Authority to enter private property.
An animal control officer is authorized to enter upon any private property that is
unfenced, or that is fenced but with a gap, opening or indentation, or with a gate that is not
closed and locked for the purpose of investigating a complaint of violation of this chapter or
for the purpose of seizing and impounding any animal that is stray or at -large, or as
otherwise authorized by this chapter; however, an animal control officer is not authorized to
enter a dwelling without the owner's or the resident's permission, or without a warrant or
under other authority.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-4. City designated bird sanctuary, trapping, hunting, molesting, etc., of
birds prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird sanctuary
(b) It shall be unlawful to trap, hunt, or molest in any manner any bird or wild fowl or to
rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be
congregating in such numbers in a particular locality that they constitute a nuisance or a
menace to health or property, in the opinion of the proper health authorities of the city, then
the health authorities shall meet with representatives of the Audubon Society, bird club,
garden club or humane society, or as many of the clubs as are found to exist in the city, after
having given at least three (3) days' actual notice of the time and place of the meeting to the
representatives of the clubs.
(c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance,
then the birds may be destroyed in such number and in such manner as is deemed advisable
by the health authorities under the supervision of the chief of police of the city.
Supp. No. 45 304
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ANIMALS § 4-5
(d) Any violations of this section may be reported to Florida Wildlife Conservation
Commission (FWC) for further investigation/disposition.
(e) Violations of this section are punishable by a fine not exceeding five hundred dollars
($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-5. Cruelty to animals.
(a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive
of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any
animal or cause or permit either of such offenses to be committed.
(b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or
injure any animal which is the property of another or willfully and maliciously administer
poison to any animal or expose any poisonous substance with intent that the same shall be
taken and swallowed by any animal which is the property of another.
(c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon
any animal within the limits of the city.
(d) It shall be unlawful to carry any animal in or upon any vehicle in an inhumane way so
as not to provide for protection, safety and comfort of the animal.
(1) It shall be unlawful to carry an animal in the back of an open vehicle without being
safely tethered to avoid injury and without protecting the animal from extreme
weather conditions.
(2) It shall be unlawful to leave an animal unattended in a vehicle in a way that
endangers the health or well-being of the animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that could reasonably be
expected to cause suffering or death.
a. A law enforcement officer (LEO) or animal control officer (ACO) who finds an
animal in a vehicle as described in [subsections] (1) and (2) above may enter the
vehicle by using the amount of force reasonably necessary to remove the animal.
A LEO or ACO who acts in substantial compliance with the provisions of this
section shall be immune from civil and criminal liability; and the city shall also
be held immune from civil liability.
(e) Any act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is
caused, permitted or allowed to continue to an animal when there is reasonable remedy or
relief shall be considered cruelty, and is unlawful under this section.
(f) A violation of this section is punishable by a fine of five hundred dollars ($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-6. Reserved.
Supp. No. 45 305
§ 4-7 ATLANTIC BEACH CODE
Sec. 4-7. Keeping or maintaining certain animals in the city.
(a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle,
chickens, except in accordance with article III of this chapter, poultry, or goats in the city,
except for special events as approved by the city manager.
(b) It shall be unlawful for any person to keep a hog or hogs upon any property or
premises located within the limits of the city, with the sole exception of a bona fide, purebred
miniature Vietnamese potbellied pig which is kept for the sole purpose of providing human
companionship and which is in compliance with all other applicable provisions of this Code.
Miniature Vietnamese potbellied pigs may be kept as household pets under the following
conditions:
(1)
Ownership of a pig or other swine animal as a household pet is prohibited, except if
such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus,
is no younger than six (6) weeks of age, weighs no more than one hundred twenty-five
(125) pounds, measures no more than twenty-two (22) inches in height to be
measured to the top of a front shoulder, is spayed or neutered, is registered with a
purebred registry which is recognized as bona fide by the animal control officer and
is kept as a household pet for the sole purpose of providing human companionship.
Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be
regulated by the provisions of this part.
(2) No household shall own or keep more than one (1) pet potbellied pig.
(3) Every pet potbellied pig shall be maintained primarily within the residence of its
owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may
be exercised from time to time within a securely fenced enclosure on the owner's
residential property or while under the secure physical control of the owner, or other
custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which
is hereby made applicable to this part, no pet potbellied pig shall run at large.
(4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance
appropriate for its species and particular nature. Depriving a pet potbellied pig of
healthful sustenance for any purpose, to include the purpose of stunting its growth of
having it conform to the weight or height provisions in subsection (1) above, shall not
constitute an exception to this provision. Violation of this provision shall constitute
an offense punishable by a fine of five hundred dollars ($500.00).
(5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees
and time frames, and which are not superseded by specific provisions of this part, are
hereby declared to pertain to pet potbellied pigs, as defined and regulated under this
chapter, with the following provisions:
a. There shall be no required annual inoculation against rabies for such pigs, but
written certification by a licensed veterinarian shall be submitted as part of
every application for annual license for a pet potbellied pig as proof that such
Supp. No. 45 306
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ANIMALS § 4-8
pig has, within thirty (30) full business days before such application, been
inoculated against and/or been blood -tested, with negative results, for pseudo
rabies and for brucellosis;
b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4,
but shall be subject to the provisions of Chapter 10D-3, Florida Administrative
Code.
c. Every application for annual license for a pet potbellied pig shall be accompanied
by written certification from a licensed veterinarian that such pig is spayed or
neutered and was, within thirty (30) days before such application is made, in
compliance with this section's age, weight and height provisions;
d. Every application for annual license for a pet potbellied pig shall be accompanied
by a sworn affidavit signed by the applicant to the effect that such pig is and
shall be, for as long as it is owned by such applicant and regulated under this
part, the sole pet potbellied pig owned or kept in such applicant's household;
e. Before application for annual license for a pet potbellied pig is made, the owner
of such pig shall allow the animal control officer a reasonable and timely
opportunity to examine such pig and its bona fides as a registered potbellied pig
pursuant to subsection (1) above for the purpose of ascertaining that such pig is
a true miniature Vietnamese potbellied pig; and
£ The animal control officer shall have the authority to refuse application for
annual license for any pig which it deems not to be identifiable as a true
miniature Vietnamese potbellied pig.
(6) No potbellied pig regulated by the provisions of this part shall be maintained or used
as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig
by use, sale, trade or gift of such pig as a food source or as a research animal, but
shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part,
by surrender to the animal control officer or to the Jacksonville Humane Society, or
by humane euthanasia to be administered by the animal control officer, the
Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with any
provision of this section shall constitute an offense punishable by a fine of five
hundred dollars ($500.00).
(7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty
to or humane treatment of animals and which are not superseded by any specific
provision of this part shall apply to the ownership of pet potbellied pigs as regulated
under this part.
(Ord. No. 95-13-106, § 1, 7-8-13; Ord. No. 95-18-116, § 2, 8-27-18)
Sec. 4-8. Legislative findings.
The legislature finds that dangerous dogs are an increasingly serious and widespread
threat to the safety and welfare of the people of this state because of unprovoked attacks
Supp. No. 45 306.1
§ 4-8 ATLANTIC BEACH CODE
which cause injury to persons and domestic animals; that such attacks are in part
attributable to the failure of owners to confine and properly train and control their dogs; that
existing laws inadequately address this growing problem; and that it is appropriate and
necessary to impose uniform requirements for the owners of dangerous dogs.
(Ord. No. 95-13-106, § 1, 7-8-13)
State law reference Similar provisions, F.S. §§ 767.10-767.16.
Sec. 4-9. Injuries caused by animals.
(a) If an animal is off of the property of its owner or of the property of the person who has
custody of the animal and the animal attacks and injures any person or other animal, the
owner or person in custody of the animal shall be guilty of a violation of this article.
(b) Violations of this section are punishable by a fine of five hundred dollars ($500.00).
(Ord. No. 95-13-106, § 1, 7-8-13)
State law reference—Similar provisions, F.S. §§ 767.10-767.16.
Sec. 4-10. Dangerous dogs.
(a) Dangerous dog means any dog that according to the records of the appropriate
authority:
(1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a
human being on public or private property;
(2) Has severely injured or killed a domestic animal while off the owner's property;
(3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained
for dog fighting; or
(4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks,
or any public grounds in a menacing fashion or apparent attitude of attack, provided
that such actions are attested to in a sworn statement by one (1) or more persons and
dutifully investigated by the appropriate authority.
Supp. No. 45 306.2
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ANIMALS § 4-16
A violation of this section shall subject the violator to a civil fine of up to five hundred
dollars ($500.00) per animal.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-16. Requirements for sales of dogs and cats.
Requirements for sales of dogs and cats; definitions; permitted sources; certificate of
source; penalties.
(a) Prohibition.
(1) Retail sales restricted. No pet store nor pet store operator shall display, sell,
delivery, offer for sale, barter, auction, give away or otherwise transfer or
dispose of dogs and cats in the city except as provided in this section on or after
the effective date of this section.
(2) Pet mills prohibited. No pet mills shall be permitted to operate in the City of
Atlantic Beach.
(b) Exemptions. This section shall not apply to:
(1) An animal shelter;
(2) Animal rescue organization;
(3) An animal shelter or animal rescue organization which operates out of or in
connection with a pet store;
(4) An animal hospital or veterinarian's office;
(5) A pet store engaged in the display, sale, deliver, offer of sale, barter, auction,
gifting or transfer of pets other than cats or dogs;
(6) A pet store that provides space and appropriate care for cats and/or dogs that
are owned by an animal shelter or an animal rescue organization and
maintained at a pet store for the purpose of adopting those dogs and cats to the
public;
(7) Hobby breeders.
(c) Certificate of source. A pet store that houses and adopts dogs or cats to the public
from an animal shelter or animal rescue organization shall post conspicuously on the
cage of each dog or cat:
(1) The name and address of the source from which the dog or cat was obtained and
date thereof;
(2) A copy of the certificate of source shall also be provided to the purchaser or
transferee of any pet:
(3) A description of the dog or cat, including species breed, sex, color and distinctive
markings, physical condition and health, and age (if known); and
(4) For each dog or cat receiving medical care while in the custody or control of the
pet store, the type of service rendered, date and veterinarian's name.
Supp. No. 45 313
§ 4-16 ATLANTIC BEACH CODE
(d) Definitions. For purposes of this section, the following words, terms, and phrases
shall have the following meanings:
(1) Animal rescue organization means humane society or other duly incorporated
nonprofit organization lawfully authorized to conduct business in the State of
Florida and operated as a bona fide charitable organization under section
501(c)(3) of the Internal Revenue Code, which organization is devoted to the
rescue, care and/or adoption of stray, abandoned, injured or surrendered
animals and which does not breed animals and which obtains its animals
through donation only.
(2) Animal shelter means a municipal or related public animal shelter or duly
incorporated nonprofit organization lawfully authorized to conduct business in
the State of Florida that is devoted to the rescue, care and adoption of stray,
abandoned or surrendered animals, and which does not breed animals.
(3) Breeder means any person or entity that has more than a total of three (3) but
less than nine (9) intact dogs and cats over the age of six (6) months on the
premises at any one (1) time and causes or allows the breeding or studding of
such dog or cat. A breeder must be lawfully authorized to conduct business in
the State of Florida and shall be subject to inspection on an annual basis by the
Atlantic Beach Animal Control.
(4) Cat means an animal of the Felidae family of the order Carnivora.
(5) Certificate of source means a copy of a notarized affidavit of verification from
the source from which the cat or dog was obtained.
(6) Dog means an animal of the Canidae family of the order of Carnivora.
(7) Hobby breeder means any person or entity that has not more than a total of
three (3) intact dogs and cats over the age of six (6) months on the premises at
any one (1) time and causes or allows the breeding or studding of such dog or
cat.
(8) Intact dog or cat means a dog or cat that has not been spayed or neutered.
(9) Pet mill means a facility where cats and/or dogs are bred for the purpose of
selling them and where any one (1) of the following conditions is found to exist:
a. More than twenty (20) dogs under the age of twelve (12) weeks or more
than twenty (20) cats under the age of sixteen (16) weeks are kept at the
facility at a single time;
b. No genetic or heredity health testing appropriate for the breed is
conducted;
c. Two (2) or more long term (over one [1] year) guarantees are not honored;
d. A single female is bred every cycle;
e. A single female is bred more than five (5) times in her lifetime;
f. There are no records of the dog or cat's parents; or
Supp. No. 45 314
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g.
ANIMALS § 4-24
More than a total of eight (8) intact dogs and cats are kept at the facility
over the age of six (6) months.
(10) Pet store means a pet shop, pet groomer, pet beauty parlor or other retail
establishment open to the public and engaging in the business of selling pet
supplies and/or services and/or offering for sale and/or selling animals at retail.
(11) Pet store operator means a person who owns or operates a pet store or both.
(12) Retail sale includes display, offer for sale, offer for adoption, barter, auction, give
away or other transfer of any cat or dog.
(e) Penalties. Any person who violates this section shall be subject to a fine of two
hundred fifty dollars ($250.00) per day per animal for the first violation within a
twelve-month period, and a fine of five hundred dollars ($500.00) per day per animal
for any subsequent violation within a twelve-month period. The Atlantic Beach
Police Department/Atlantic Beach Animal Control shall enforce the provisions set
forth within this section. Each day any violation of any provision of this section shall
continue constitutes a separate offense.
(f) Special magistrate. A notice of violation shall be taken before the city's special
magistrate for consideration of the alleged violations of this section and applicable
fines. The special magistrate shall exercise jurisdiction over such matters in
accordance with section 2-146.1 of the Code of Ordinances of the City of Atlantic
Beach.
(Ord. No. 95-18-115, § 2, 3-26-18)
Secs. 4-17-4-23. Reserved.
ARTICLE II. DOGS AND CATS
Sec. 4-24. Running at large.
It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to
commit a nuisance or to be found running at large on any of the public streets, parks,
playgrounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up
by the city or the designated authorized agent of the city and placed in a shelter for a period
of not less than three (3) days nor more than seven (7) days, except the animal may be
released sooner upon proper identification and upon the payment of a thirty dollar (S30.00)
fee plus [an] additional twenty-five dollars ($25.00) per day for the redemption of said
animal. In the event any animal has to be tranquilized with chemical capture equipment,
then the redemption fee shall be one hundred dollars ($100.00). If a dangerous dog is
impounded for running at large, then the redemption fee shall be one hundred fifty dollars
($150.00), with an additional one hundred dollar ($100.00) fee if the dangerous dog has to be
tranquilized with chemical capture equipment.
(Ord. No. 95-13-106, § 1, 7-8-13)
Supp. No. 45 315
§ 4-25 ATLANTIC BEACH CODE
Sec. 4-25. Leashing.
No dog shall be allowed off the property of its owner unless the dog is fastened to a
suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash
must be attached to a fixed object or specifically held by a person capable of controlling the
animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall
be allowed to swim unleashed and then immediately put back on the leash before returning
to the beach. This does not include walking the dog in the water.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-26. Damaging property.
(a) It shall be unlawful for any person who shall own or be in control or in charge of any
dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another
and damage the property.
(b) If any dog or cat shall wander or stray upon the property of any person within the
corporate limits of the city and shall cause damage thereon, proof of the damage and the
identity of the dog or cat shall be sufficient to convict the person owning or having charge of
or control of the dog or cat violating the terms and provisions of this article.
(c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate
on any property within the city other than the owner's private property without immediately
removing such defecation with some sort of material, utensil, or suitable container and
depositing the defecation in a trash container. When walking a dog or cat on any property
within the city, other than the owner's property, the owner of that dog or cat shall carry some
sort of material, utensil, or suitable container with which to dispose of the defecation.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-27.1. Habitual nuisance.
(a) It shall be unlawful for the owner, or any person having temporary custody, of an
animal or animals to permit the animal(s), either willfully or through failure to exercise due
care or control, to commit a nuisance by running at -large habitually; by chasing or running
after vehicles or persons habitually; by trespassing upon public or private school grounds
habitually; by trespassing on private property habitually and interfering with the reason-
able use and enjoyment of the property; by barking habitually or by making other
objectionable animal noises habitually; or by doing any other thing habitually which is so
offensive as to create a nuisance.
(b) For the purpose of this section, "habitually" means at least two (2) separate
occurrences within a time period of no more than one (1) month; except that barking
habitually, or making other objectionable animal noises habitually, means making the sound
persistently or continuously for at least thirty (30) minutes occurring at least three (3)
separate times within a period of no more than thirty (30) days.
Supp. No. 45 316
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ANIMALS § 4-28
(c) This barking provision of this section shall not apply a properly permitted animal
shelter established for the care and/or placement of unwanted stray animals, nor a properly
zoned commercial boarding kennel nor a veterinarian office.
(d) Violations of this section shall be punishable by a fine of two hundred fifty dollars
($250.00) for a first offense or a five hundred dollar ($500.00) fine for a second or subsequent
offense within the preceding thirty -six-month period.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-28. Neglect; restraint by chaining; animal bites.
(a) It shall be unlawful for any person, whether owner, or anyone having charge, custody
or control thereof, to fail to provide an animal any one (1) of the following:
(1) Clean, fresh, potable water of a drinkable temperature that is provided in a suitable
manner, in sufficient volume;
(2) Sufficient, wholesome food;
(3) Adequate shelter with sufficient floor, three walls and roof to protect the animal from
the weather, extreme temperature and direct sunlight;
(4) Sufficient exercise and wholesome exchange of air;
(5) Current and active veterinary care/treatment to prevent suffering;
(6) Placing or confining an animal or allowing it to be confined in an unattended vehicle
without sufficient ventilation or under such conditions or for such a period of time as
may reasonably be expected to endanger the health or well-being of such animal due
to heat, lack of water or such circumstances as may be expected to cause suffering,
debility or death.
a. A law enforcement officer (LEO) or animal control officer (ACO) who finds an
animal in a vehicle in violation of this section may enter the vehicle by using the
amount of force necessary to remove the animal. A LEO or ACO who acts in
substantial compliance of the provisions of this section shall be immune from
civil and criminal liability; and the city shall also be held immune from civil
liability.
(b) Restraint by chaining may be used provided the following conditions are met:
(1) The chain or tether shall not weigh more than one-eighth (1/8) of the animal's body
weight;
(2) The chain or tether shall be at least ten (10) feet in length with swivels on both ends;
(3) The chain or tether shall be attached to a properly fitted collar or harness worn by
the animal; and
Supp. No. 45 317
§ 4-28 ATLANTIC BEACH CODE
(4) The animal, while restrained by chain or tether, is able to access shelter with
sufficient floor, three (3) walls, and roof to protect the animal from the weather,
extreme temperatures and direct sunlight; and is able to access sufficient water and
sufficient wholesome food.
(5) Animal control officers are authorized to remove and impound dangerous dogs and/or
dogs posing a threat to public safety from tethers where the animal is accessible by
children or the public without a secured fence or enclosure. Boarding fees will be the
responsibility of the owner of the impounded dog.
(c) No owner of any animal shall permit the animal, either willfully or through failure to
exercise due care or control, to destroy or damage the property of another including, but not
limited to, the unprovoked biting, attacking, or wounding of another person's animal. No
owner of any animal shall permit the animal, either willfully or through failure to exercise
due care or control, to bite attack or wound a human.
(d) A violation of this section is punishable by a fine of one hundred dollars ($100.00) for
an initial violation; two hundred fifty dollars ($250.00) for the second violation within the
preceding thirty-six (36) months and five hundred dollars ($500.00) for a third or subsequent
violation within the preceding thirty-six (36) months.
Exemption: the provisions of this section do not apply to police dogs.
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-29. Rabies vaccinations.
(a) The owner of every dog, cat or ferret four months of age or older shall have it
vaccinated against rabies by a veterinarian. Said owner said obtain and maintain, on an
annual basis or duration of the valid vaccination, proof, from the veterinarian who
administered it, of a current rabies vaccination. If a veterinarian administers a vaccination
licensed by the United States Department of Agriculture that is approved for three-year
duration of immunity, a dog or cat may be vaccinated at three (3) to four (4) months of age
with a booster at one (1) year and every three (3) years thereafter.
(1) A dog, cat or ferret is exempt from rabies vaccinations if a veterinarian has examined
the animal and has certified in writing that vaccinating the animal at that time
would endanger the animal's health because of its age, infirmity, disability, illness or
other medical considerations. An exemption under this provision that extends
beyond twelve (12) months must be renewed annually through submission of a new
exemption letter. No exemption letter shall be deemed valid after one (1) year from
the date it was written.
(b) In order to protect the public's health and safety, no person shall be the owner of or
have as a pet or harbor within the city a known or potential rabies vector or high risk animal
that cannot be immunized against rabies including, but not limited to, fox, raccoon, skunk,
bat and bobcat.
Supp. No. 45 318
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ANIMALS § 4-30
(c) Suspected rabies cases will be handled according to the health code as established by
the State Department of Environmental Health (authorized by F.S. § 381.006).
(Ord. No. 95-13-106, § 1, 7-8-13)
Sec. 4-30. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city manager shall
have the authority to issue citations to those people whose pets are found to be in violation
of this article and sections herein.
(b) Violations of this article shall be punishable by fines as follows:
General: Violations of the provisions of chapter 4, of the Atlantic Beach City Code are hereby
declared to be civil infractions for which there may be imposed by the county court a
maximum fine not to exceed five hundred dollars ($500.00). Unless cited for a violation for
which court appearance is mandatory, anyone cited with a violation of this chapter may pay
a fine as contained within the actual section or, if no fine is listed, as specified below in lieu
of appearing in county court. The fine specified shall be paid within the time specified below.
If a person fails to pay the civil fine within the timeprescribed on the citation or fails to
obtain a court date, or having obtained a court date, fails to appear in court to contest the
citation, then the person shall be deemed to have waived the right to contest the citation. In
such cases, final judgment may be entered against the person in the maximum civil fine five
hundred dollars ($500.00) allowed, which shall be payable within sixty (60) days from the
date of execution of the final judgment. Alternatively, the court may issue an order to show
cause, requiring the person to appear before the court to explain why action on the citation
has not been taken. If any person who is issued such an order fails to appear in response to
the court's directive, that person may be held in contempt of court in addition to having to
pay the civil fine, court costs, and restitution, as applicable.
(1) First offense: (The current offense is "first" offense if there have been no other
citations in the preceding thirty-six (36) months.) Fifty dollars ($50.00); if not paid
within fourteen (14) calendar days, the fine goes to seventy-five dollars ($75.00);
(2) Second offense: (The current offense is a second offense if there has been only one (1)
previous citation within the preceding thirty-six (36) months.) One hundred fifty
dollars ($150.00); if not paid within fourteen (14) calendar days, the fine goes to two
hundred fifty dollars ($250.00);
(3) Third offense: (The current offense is a third offense if there has been two (2)
previous citations within the preceding thirty-six (36) months.) Two hundred fifty
dollars ($250.00); if not paid in fourteen (14) calendar days, fine goes to five hundred
dollars ($500.00).
(4) Fourth and subsequent offenses: (The current offense is a fourth or subsequent
offense if there have been three (3) or more previous citations within the preceding
thirty-six (36) months.) Five hundred dollars ($500.00) and a mandatory court
appearance. For citations involving a mandatory court appearance, the citation shall
Supp. No. 45 319
§ 4-30 ATLANTIC BEACH CODE
specify that the court appearance is mandatory. If a person so cited fails to appear
within the time prescribed in the citation to obtain a court date or having a court
date, fails to appear in court, a default judgment may be entered against the person
in the maximum civil fine payable within sixty (60) days from the date of execution
of the final judgment.
(5) Anyone cited with a violation of this article who pays the required fines and then
goes three (3) years with no offenses shall return to the status of having no prior
offenses for the purposes of this section.
(6) An additional fine of one hundred dollars ($100.00) for any violation involving a dog
or cat in heat.
(c) A five dollar ($5.00) surcharge shall be assessed and collected upon each civil penalty
imposed for violation of an ordinance relating to animal control or cruelty as authorized by
F.S. § 828.27. The proceeds from such surcharge shall be used only to assist in paying for the
costs of training for animal control officers in accordance with the requirements of F.S.
§ 828.27. Said civil penalty shall be paid to the City of Atlantic Beach.
(d) The animal control officer shall have the authority to cite the owner or any person
having custody of an animal for a violation of this article when and only when:
(1) The officer has received from an adult witness a sworn affidavit attesting to the
animal having committed a violation pursuant to this article; or
(2) The animal control officer or other person duly authorized to enforce the provisions
of this chapter has witnessed the commission of a violation under this article.
(Ord. No. 95-13-106, § 1, 7-8-13)
Secs. 4-31-4-39. Reserved.
ARTICLE III. BACKYARD HENS
Sec. 4-40. Purpose and intent.
The purpose of this article is to authorize the keeping of backyard hens on certain
properties and under specified circumstances within the City of Atlantic Beach, and to
establish criteria and limitations so as to avoid adverse impacts on neighboring properties
and residents, and. provide for the health and safety of the hens. Nothing herein shall
supersede any effective, recorded deed restriction prohibiting backyard hens on property
located within the city.
(Ord. No. 95-18-116, § 1, 8-27-18)
Sec. 4-41. Definitions.
[The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:]
Supp. No. 45 320
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ANIMALS § 4-42
Coop shall mean a structure with nesting boxes where hens can lay eggs and perches
where hens can sleep, with a roof.
Enclosed pen shall mean a fenced or wire enclosure used to contain hens.
Hen shall mean a female chicken of the species gallus domesticus.
Single-family dwelling shall mean a building containing one (1) dwelling unit, and not
attached to any other dwelling unit by any means, and occupied by one (1) family only.
(Ord. No. 9548-116, § 1, 8-27-18)
Sec. 4-42. Permit required.
(a) Any person seeking to keep a hen on their property must first obtain a city permit
authorizing such use.
(b) Prior to issuance of a permit authorizing hens on a property, an applicant shall submit
to the city the following:
(1) A permit application containing the following information:
a. The name of the applicant;
b. The address of property where hens are to be kept;
c. The maximum number of hens to be kept on the property at any given time;
d. The property owner's authorization when the applicant is not the property
owner; and
e. If the property is subject to deed restrictions, proof that such deed restrictions
do not prohibit the keeping of hens on the property.
(2) A certificate of completion demonstrating that the applicant has completed the
backyard poultry seminar offered by the Duval County Agricultural Extension
Office; and
(3) Application fee of twenty-five dollars ($25.00).
(c) After an application has been submitted, the community development department
shall inspect the prospective property to ensure that it meets all requirements of this article.
(d) Permits shall only be valid for the address approved.
(e) Permits shall only be valid for the maximum number of hens approved.
(f) As a condition of the issuance of a permit, the applicant and property owner (if
different) consent to the inspection of the subject property by the city upon receiving a
complaint related to hens to ensure compliance with the requirements of this article.
(Ord. No. 95-18-116, § 1, 8-27-18)
Supp. No. 45 321
§ 4-43 ATLANTIC BEACH CODE
Sec. 4-43. Permitted locations.
(a) Hen(s) shall only be permitted on parcels developed with a single-family dwelling
located within the following zoning districts:
(1) RS -L, Residential, Single -Family -Large Lot;
(2) RS -1, Residential, Single -Family;
(3) RS -2, Residential, Single -Family;
(4) RG, Residential General, Two -Family;
(5) RG -M, Residential General, Multi -Family;
(6) PUD, Planned Unit Development;
(7) SPA, Special Planned Area.
(b) Under no circumstances shall hens be kept on property developed with a townhome,
duplex or multi -family dwellings, or any non-residential development.
(c) Coops and enclosed pens shall be located within the rear yard of a property only and
shall be at least five (5) feet from side and rear property lines.
(Ord. No. 95-18-116, § 1, 8-27-18)
Sec. 4-44. General requirements and prohibitions.
The following provisions shall apply to all permits issued pursuant to this article:
(a) The maximum number of hens permitted on any property shall be five (5).
(b) Food for hens shall be stored in rodent and predator proof containers.
(c) Hens shall be kept within an enclosed pen subject to the requirements of section 4-45
at all times. Under no circumstance shall hens be allowed to roam free outside of an
enclosed pen.
(d) Hens shall not be kept on any property without a properly issued permit authorizing
such use.
(e) Coops and enclosed pens shall be kept clean and sanitary at all times so that they do
not become a nuisance due to odor, noise, pests or other nuisance condition.
(f) Hens shall be kept for personal use only. The selling of hens, eggs or manure, as well
as breeding of chickens for commercial purposes is prohibited.
(g) Hens shall not be slaughtered within the city.
(h) Hens that are no longer wanted by their owners shall not be abandoned, released
into the wild, or taken to the city's animal control.
(i) If a public health emergency is declared by the Duval County Health Department
related to hens, the permit holder shall comply with any requirements, including but
not limited to the removal of hens from their property.
Supp. No. 45 322
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ANIMALS § 4-47
(j) Under no circumstances shall ducks, geese, turkeys, peafowl, pheasants, quail,
peacocks, male chickens or any other poultry or fowl other than hens, be kept on any
property.
(Ord. No. 95-18-116, § 1, 8-27-18)
Sec. 4-45. Required improvements.
The following improvements to a property shall be required and completed at the time of
the inspection before permit issuance and throughout the duration of an active permit to
keep hens on a property:
(a) An enclosed pen that is:
(1) At least ten (10) square feet per hen; and
(2) Well drained so that there is no moisture accumulation.
(b) A coop that is:
(1) At least three (3) square feet per hen;
(2) Covered, ventilated, to allow for a wholesome exchange of air; and
(3) Attached to or within an enclosed pen that allows for free movement between
the coop and enclosed pen.
(c) Coops and enclosed pens shall:
(1) Not exceed six (6) feet in height;
(2) Not exceed one hundred (100) square feet in total area;
(3) Be fully enclosed and secured from predators; and
(4) Be anchored in a manner acceptable to the community development director to
prevent them from becoming airborne during a wind event.
(d) Opaque fencing that is six (6) feet tall or comparable landscaping that screens coops
and enclosed pens from view by adjoining neighbors.
(Ord. No. 95-18-116, § 1, 8-27-18)
Sec. 4-46. Effects on other parts of this chapter.
Under no circumstance shall any dog, cat or other authorized animal pursuant to this
chapter that maims or kills a hen, for that reason alone, be considered a dangerous animal.
(Ord. No. 95-18-116, § 1, 8-27-18)
Sec. 4-47. Enforcement.
(a) The provisions of article I of this chapter shall be applicable to this article III, except
when expressly provided otherwise.
Supp. No. 45 323
§ 4-47 ATLANTIC BEACH CODE
(b) In addition to subsection (a) above, in the event that a violation of this article occurs,
the city shall have the right to pursue any one (1) or more of the following remedies or
actions.
(1) Institute a code enforcement action and prosecute as code violations against the
violator and the property owner of the real property where the violation occurs, in
accordance with the City of Atlantic Beach Code of Ordinances.
(2) Take any other action or remedy authorized by law or in equity, including by not
limited to, instituting an action in court to enjoin violations, in which case the
violator and property owner shall be jointly and severally liable to the city for
reimbursement of the city's attorneys' fees and costs incurred in such action through
any appellate action, if taken.
(Ord. No. 95-18-116, § 1, 8-27-18)
[The next page is 353]
Supp. No. 45 324
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Chapter 5
BEACHES AND PARKS*
Article I. In General
Sec. 5-1. Closing during emergencies.
Sec. 5-2. Sleeping on the beach.
Sec. 5-3. Lighting of fires.
Sec. 5-4. Littering.
Sec. 5-5. Surfboards.
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
Secs. 5-9-5-15. Reserved.
Article II. Beach Safety Zone
Sec. 5-16. Use of vehicles.
Sec. 5-17. Animals.
Secs. 5-18-5-30. Reserved.
Sec. 5-31.
Sec. 5-32.
Sec. 5-33.
Article III. Public Parks
Public parks' use prohibited after dark.
User fees for parks and recreation facilities.
Enforcement of park rules and regulations.
Article IV. Sea Turtle Protection
Sec. 5-34. Purpose and intent.
Sec. 5-35. Definitions.
Sec. 5-36. Prohibition of activities disruptive to marine turtles.
Sec. 5-37. Lighting standards for new construction.
Sec. 5-38. Standards for existing lighting.
Sec. 5-39. Enforcement and penalties.
*Editor's note—Ord. No. 95-03-83, § 1, adopted January 27, 2003, amended Ch. 5 in its
entirety, which formerly consisted of Arts. I—III, §§ 5-1-5-31, pertained to similar subject
matter, and derived from §§ 5-1-5-7 of the 1970 Code, and Ord. No. 95-82-25, § 1, adopted
April 26, 1982, Ord. No. 57-86-11, § 1, 4-14-86, Ord. No. 95-88-35, § 1, 9-26-88, and Ord. No.
95-99-72, § 1, adopted December 14, 1999.
Cross reference—Streets, sidewalks and other public places, Ch. 19.
State law references—Beach and Shore Preservation Act, F.S. Ch. 161; tidal lands and
bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater regulated, F.S. § 309.01
Florida Boat Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and
geology, F.S. Ch. 369 et seq.
Supp. No. 45 353
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BEACHES AND PARKS
ARTICLE I. IN GENERAL
Sec. 5-1. Closing during emergencies.
5-4
(a) During such times as, in the opinion of the director of public safety or, in his absence,
the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the
bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the
safety, life and health of persons using the ocean or beach, or any condition shall exist or
threaten to occur that will imperil the peace and good order of the city, the director of public
safety is authorized to close the ocean or beach or both or any part thereof and prohibit all
swimming or bathing in the ocean or use of the beach or both in any manner, and require all
persons thereon forthwith to remove themselves therefrom, or any part thereof, until the
ocean, beach or dangerous areas are considered safe again for use.
(b) It shall be unlawful for any person to knowingly refuse, when ordered, to remove
him/herself from any area which has been closed by the director of public safety.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-2. Sleeping on the beach.
It shall be unlawful for anyone to camp or sleep on the beach from 11:00 p.m. to 6:00 a.m.
without first receiving permission from the city manager.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-3. Lighting of fires.
It shall be unlawful for anyone to start, maintain, allow, or have an open fire on the beach
unless permission is approved in writing by the city manager or his designee. The city may
require a twenty-five dollar ($25.00) non-refundable application fee, and a deposit not to
exceed two (2) times the estimated costs of clean-up, to assure that the requesting entity
complies with all conditions of the permit.
This section does not prohibit fires in self contained, commercially available heating
devices fueled by gas. Heating devices fueled by wood, charcoal, or similar materials shall be
prohibited.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-4. Littering.
It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab,
cigarette butts, or other type of refuse upon the beach in the city.
(Ord. No. 95-03-83, § 1, 1-27-03)
Supp. No. 45 354.1
§ ATLANTIC BEACH CODE
Sec. 5-5. Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent
to the beach within the corporate limits of the city at any time and at any location unless the
surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free
end of which must be securely bound to either the ankle or wrist of the surfer.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall be unlawful for any person to park a sailboat or catamaran on the beach in any
manner which will obstruct the view of lifeguards performing lifeguard activities.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for any person to operate any motorized boat or other motorized
apparatus within two hundred (200) feet of the beach. Personal watercraft, sailboats, and
similar watercraft, which require transport by use of a motor vehicle, will only be launched
at the Atlantic Boulevard ramp.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
(a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran,
or other vessel on the beach for more than seventy-two (72) hours without first notifying and
receiving permission from the chief of police or his designee. A sailboat, catamaran, or vessel
shall only be allowed to park over seventy-two (72) hours between May 1 to September 30 of
each year. At no time will any sailboat, catamaran, or other vessel be allowed to park west
of the dune line, on a beach access, or public right-of-way.
Supp. No. 45 354.2
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BEACHES AND PARKS § 5-35
parent/guardian and contact the police to complete a trespass after warning (TAW)
form for one (1) year. The juvenile information will be purged after ninety (90) days
unless there are subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the police to
complete a trespass after warning (TAW) form for one (1) year.
(d) [Violations of state law.] Trespassing violations will be handled as violations of state
law.
(e) Authority to regulate park activities. Members of the parks and recreation depart-
ment and the police department are authorized to:
(1) Direct any individual to leave any city public park or any specific area of any
city park, and to complete a trespass after warning notice prohibiting an
individual from returning to a city park or any specific area of a city park based
on the individual's violation of posted park rules or violations of criminal codes
and/or statutes.
(2) Close down a city park or any portion of a city park due to violations of park
rules, violations of criminal codes and/or statutes, or due to public safety
concerns.
(Ord. No. 95-06-91, § 1, 4-10-06)
ARTICLE IV. SEA TURTLE PROTECTION
Sec. 5-34. Purpose and intent.
The purpose of this article is to protect the threatened and endangered sea turtles that
may nest along the beaches of Atlantic Beach, Florida, by safeguarding sea turtle hatchlings
and nesting female sea turtles from artificial light.
(Ord. No. 95-17-114, § 1, 4-24-17)
Sec. 5-35. Definitions.
For purposes of this article, the following terms shall have the meanings as set forth
within this section.
Artificial light or artificial lighting shall mean the light emanating from any human -made
device.
Beach shall mean the zone of unconsolidated material that extends landward from the
mean low water line to the place where there is marked change in material or physiographic
form, or to the line of permanent vegetation, usually the effective limit of storm waves.
City shall mean the City of Atlantic Beach, a municipal corporation of the State of Florida.
Directly visible shall mean the line of sight visibility of glowing element(s), lamp(s),
globe(s), or reflector(s) of an artificial light source by an observer standing on the beach.
Supp. No. 45 359
§ 5-35 ATLANTIC BEACH CODE
Dune shall mean a mound or ridge of loose sediments, usually sand -sized, lying landward
of the beach and deposited by any natural or artificial mechanism.
Ground -level barrier shall mean any vegetation, natural feature or artificial structure
rising from the ground which prevents artificial lighting from being directly or indirectly
visible.
Hatchling(s) shall mean any species of marine turtle, within or outside of a nest that has
recently hatched from an egg.
Long wavelength lighting shall mean light bulbs or diodes that produce light that
measures greater than five hundred sixty (560) nanometers and absent wavelengths below
five hundred sixty (560) nanometers on a spectroscope, which include low-pressure sodium
(LPS), true red neon, red, orange, or amber light -emitting diode (LED), or other lighting
sources that produce light that measures greater than five hundred sixty (560) nanometers
and absent wavelengths below five hundred sixty (560) nanometers.
Marine turtle shall mean any marine -dwelling reptile of the families Cheloniidae or
Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the
species Caretta caretta (loggerhead, Chelonia mydas (green), Dermochelys coriacea (leath-
erback), Eretmochelys imbricate (hawksbill), and Lepidochelys kempi (Kemp's ridley). For
purposes of this article, marine turtle is synonymous with sea turtle.
Nest shall mean an area where marine turtle eggs have been naturally deposited or
subsequently relocated.
Nesting season shall mean the period from May 1 through October 31 of each year.
Nighttime shall mean the locally effective time period between sunset and sunrise.
Person shall mean individuals, firms, associations, joint ventures, partnerships, estates,
trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
Point source shall mean the bulb, lamp or glowing elements of a fixture from which light
is emitted.
Sea turtle protection area shall mean an area where land either (i) has frontage on Beach
Avenue; (ii) is located within the Cloister condominium development; or (iii) is located
eastward of Seminole Road from 20th Street northward to the city limits.
Shielded shall mean a light fixture which is constructed in a manner that the point source
is not directly visible from the beach.
Tinted glass shall mean any glass treated to achieve an industry -approved, inside -to
outside light transmittance value of forty-five (45) percent or less. Such transmittance is
limited to the visible spectrum (four hundred [400] to seven hundred [700] nanometers) and
is measured as the percentage of light that is transmitted through the glass.
(Ord. No. 95-17-114, § 1, 4-24-17)
Supp. No. 45 360
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BEACHES AND PARKS § 5-37
Sec. 5-36. Prohibition of activities disruptive to marine turtles.
The following activities are prohibited on the beach at nighttime during the nesting
season:
(a) The operation of all motorized vehicles, except emergency and law enforcement
vehicles, those permitted to be on the beach for marine turtle conservation or
research, or those permitted to be on the beach by the city manager.
(b) The building of campfires or bonfires.
(Ord. No. 95-17-114, § 1, 4-24-17)
Sec. 5-37. Lighting standards for new construction.
In addition to the requirements of the Florida Building Code and other regulating entities
as of the effective date of this article (April 24, 2017), the following lighting standards shall
be required for all construction activities occurring within the sea turtle protection area.
(a) Exterior artificial light fixtures shall be designed and positioned so that the point
source of light or any reflective surface from a light fixture is not directly visible.
(b) Exterior artificial light fixtures within line -of -sight of the beach shall be designed as
follows:
(1) Completely shielded downlight only fixtures or recessed fixtures having low
wattage, long wavelength light sources with non -reflective interior surfaces.
Other fixtures that have appropriate shields, louvers, or cut-off features may
also be used if they are in compliance with paragraph (a) above; and
(2) All fixtures shall be mounted as low in elevation as possible through use of
low -mounted wall fixtures, low bollards, and/or ground -level fixtures.
(c) Floodlights, up -lights or spotlights designed for decorative and accent purposes that
are directly visible shall not be used.
(d) Exterior artificial light fixtures used expressly for safety or security purposes shall
be limited to the minimum number and configuration required to achieve their
functional role(s). The use of motion detectors that keep lights off except when
approached and that switch lights off within five (5) minutes are required.
(e) Only long wavelength lighting shall be used in parking areas within line -of -sight of
the beach. Such lighting shall be:
(1) Set on a base which raises the source of light no higher than forty-eight (48)
inches above the ground; and
(2) Positioned or shielded so that the light is cast downward and the source of light
or any reflective surface from the light fixture is not directly or indirectly
visible.
Supp. No. 45
361
§ 5-37 ATLANTIC BEACH CODE
(f) Parking areas and roadways, including any paved or unpaved areas upon which
motorized vehicles will park or operate, shall be designed and located to prevent
vehicular headlights from being directly visible.
(g) Vehicular lighting, parking area lighting, and roadway lighting shall be shielded
from the beach through the use of ground -level barriers. Ground -level barriers must
not interfere with marine turtle nesting or hatchling emergence, or cause short- or
long-term damage to the beach/dune system.
(h) Tinted glass shall be installed on all windows and glass doors of single or multi -story
structures within line -of -sight of the beach.
(i) Use of appropriately shielded downward -directed fixtures fitted with long wavelength
light sources shall be required for parking areas, roadways and similar high-
intensity lighting applications.
(j) Temporary lighting of construction sites during the marine turtle nesting season
shall be restricted to the minimal amount necessary and shall incorporate all of the
requirements of this section.
(Ord. No. 95-17-114, § 1, 4-24-17)
Sec. 5-38. Standards for existing lighting.
No later than May 1, 2018, all owners of property located within the sea turtle protection
area shall determine if any existing artificial lighting on their property is directly visible and
take the following corrective actions to reduce or eliminate the negative effects of such
artificial lighting:
(a) One (1) or more of the following measures shall be taken to reduce or eliminate the
negative effects of existing exterior artificial lighting so that the point source of light
or any reflective surface a light fixture is not directly visible:
(1) Reposition fixtures so that the point source of light or any reflective surface is
no longer directly visible;
(2) Replace fixtures having an exposed light source with fixtures containing
recessed light sources or shields;
(3) Replace traditional light bulbs with low wattage, long wavelength light sources;
(4) Replace non -directional fixtures with directional fixtures that point down and
away from the beach;
(5) Replace fixtures having transparent or translucent coverings with fixtures
having opaque shields covering an arc of at least one hundred eighty (180)
degrees and extending an appropriate distance below the bottom edge of the
fixture on the seaward side so that the light source or any reflective surface of
the light fixture is not directly visible;
(6) Replace pole lamps with low -profile, low-level luminaries so that the light
source or any reflective surface is not directly visible;
Supp. No. 45 362
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BEACHES AND PARKS § 5-39
(7) Replace incandescent, fluorescent, and high intensity lighting with the lowest
wattage, long wavelength lighting possible for the specific application;
(8) Plant or improve vegetation buffers between the light source and the beach to
screen artificial light;
(9) Construct a ground -level barrier to shield light sources from the beach.
Ground -level barriers must not interfere with marine turtle nesting or hatchling
emergence, or cause short- or long-term damage to the beach/dune system;
(10) Permanently remove or permanently disable any fixture which cannot be
brought into compliance with the provisions of these standards.
(b) One (1) or more of the following measures shall be taken to reduce or eliminate the
negative effects of interior light emanating from doors and windows within
line -of -sight of the beach:
(1) Window tint or film shall be installed that meets the standards for tinted glass;
(2) Rearrange lamps and other moveable fixtures away from windows;
(3) Use window treatments (e.g., blinds, curtains) to shield interior lights from the
beach;
(4) Turn off unnecessary lights.
(c) Exterior lights used expressly for safety or security purposes shall be limited to the
minimum number and configuration required to achieve their functional role(s). The
use of motion detectors that keep lights off except when approached and that switch
lights off within five (5) minutes are required.
(Ord. No. 95-17-114, § 1, 4-24-17)
Sec. 5-39. Enforcement and penalties.
(a) The city shall have the power to enforce the provisions of this article by code
enforcement proceedings as set out in chapter 2, article V, division 2, City of Atlantic Beach
Code of Ordinances, as amended, including without limitation, all penalties, fines and
interest, and Chapter 162, Florida Statutes as amended.
(b) No permit for a certificate of occupancy shall be issued by the city for any property in
violation of this article, unless the permit includes corrective actions as outlined in this
article.
(Ord. No. 95-17-114, § 1, 4-24-17)
Supp. No. 45 363
[The next page is 4071
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BUILDINGS AND BUILDING REGULATIONS § 6-121
c. Atlantic Boulevard on the south and the first and second districts on the east
are hereby declared and determined to be the zero coordinates or axis of this
numbering system, except where the street is a continuation of a street in the
first or second districts, and in that case, the coordinates or axis shall be that of
the first or second district, whichever is the case.
d. On every street, one hundred (100) numbers shall be assigned for every five
hundred (500) feet, except where streets intersect less than one thousand
(1,000) feet apart, in which case one hundred (100) numbers shall be assigned
according to subsection (2)d of this section.
e. According to subsection (1)e of this section.
(Code 1970, § 6-16)
Sec. 6-111. Removing or defacing.
No person shall remove or deface or attempt to remove or deface any numbers attached to
buildings under the provisions of this article.
(Code 1970, § 6-17)
State law reference—Criminal mischief, F.S. § 806.13.
Secs. 6-112---6-119. Reserved.
ARTICLE VIII. PROPERTY MAINTENANCE CODE
Sec. 6-120. Adoption.
There is hereby adopted, basic minimum housing standards deemed essential for safe,
healthful living, that certain code known as the International Property Maintenance Code,
most current edition, published by the Southern Building Code Congress International, Inc.
(Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6),
4-22-96; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § 1.A.(4), 2-25-08)
Sec. 6-121. Ainendments.
The following sections of the IPMC [International Property Maintenance Code] are hereby
revised as follows:
(a) Section 101.1 Title. Insert:" The City of Atlantic Beach."
(b) Section 102.3 Application of other codes. Amend to delete International Building
Code, International Fuel Gas Code, International Mechanical Code and the ICC
Electrical Code and replace with "State of Florida Building Codes and the National
Electrical Code."
(c) Section 103 Title. Amend to read: "Building Department and Code Enforcement
Division."
Supp. No. 45 421
§ 6-121 ATLANTIC BEACH CODE
(d) Section 103.1 General. Amend to read: "The building department and code enforce-
ment division shall be designated to enforce the provisions of this code."
(e) Section 103.5 Fees. Delete this section.
(f) Section 110.1 General. Delete "for a period of two years" and replace with "6 months."
(g) Section 110.3 Failure to comply. Add sentence to state: "All administrative costs to
the City of Atlantic Beach shall be considered when determining total cost of
demolition."
(h) Section 111.1 Application for appeal. Amend to read: "Any person directly affected by
a decision of the code official or a notice or order issued under this code shall have the
right to appeal to the Special Magistrate, provided that a written application of
appeal is filed within 20 days after the day of the decision, notice or order was
served."
(i) Section 302.4 Weeds. In the first sentence, delete "(jurisdiction to insert height in
inches)" and substitute "12 inches."
(j) Section 304.14 Insect Screens. In the first sentence, delete "[date] to [date]" and
substitute "March 1 to December 1."
(k) Section 602.3 Heat Supply. In the first sentence, delete "[date] to [date]" and
substitute "November 1 to March 31."
(1) Section 602.4 Occupiable workspaces. In the first sentence, delete "[date] to [date]"
and substitute "November 1 to March 31."
(Ord. No. 25-08-40, § 1, 8-25-08; Ord. No. 5-19-68, § 3, 2-11-19)
Secs. 6-122-6-140. Reserved.
ARTICLE IX. RESERVED*
Secs. 6-141-6-160. Reserved.
ARTICLE X. AMUSEMENT DEVICE CODE
Sec. 6-161. Adopted.
There is hereby adopted for the purpose of establishing rules and regulations for the
construction, alteration, removal, demolition, equipment, use and occupancy, location and
maintenance of buildings and structures, including permits and penalties, the Standard
Amusement Device Code, 1997 edition.
(Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(8), 4-22-96; Ord. No. 25-98-30, § 1,
6-22-98)
*Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former
Art. IX, §§ 6-141-6-6-160, which pertained to the gas code, and derived from Ord. No.
25-92, 23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(7), adopted April 22, 1996,
and Ord. No. 25-98-30, § 1, adopted June 22, 1998.
Supp. No. 45
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FIRE PREVENTION AND PROTECTION § 7-26
Sec. 7-23. Compliance.
Any order or notice issued or served as provided in this article shall be complied with by
the owner, operator, occupant or other person responsible for the condition or violation to
which the order or notice pertains. Every order or notice shall set forth a time limit for
compliance dependant upon the hazard and danger created by the violation.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-24. Authority to require exposures or stop work.
(a) Whenever any installation that is subject to inspection prior to use is covered or
concealed without having first been inspected, the fire official may require by written notice
that such work be exposed for inspection. The fire official shall be notified when the
installation is ready for inspection and the fire official shall conduct the inspection within a
reasonable period of time.
(b) When any construction or installation work is being performed in violation of the
plans and specifications as approved by the fire official, a written notice shall be issued to the
responsible party to stop work on that portion of the work that is in violation. The notice
shall state the nature of the violation, and no work shall be continued on that portion until
the violation has been corrected.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-25. Appeals.
(a) Any person aggrieved by an order issued under this article may appeal such order in
accordance with the procedures established in the International Fire Code, as adopted in
section 7-18 of this article.
(b) In the event of a conflict between the Building Code as established in Chapter 6 of the
City Code of Ordinances, and this article, it shall be resolved in accordance with F.S.
§ 553.73.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(4), 2-25-08)
Sec. 7-26. Summary abatement.
(a) The fire official shall have the authority to summarily abate any condition that is in
violation of any provision of this chapter and that presents an immediate hazard to life and
property.
(b) When, in the opinion of the fire official, there is actual danger to the occupants or
those in proximity of any building, structure or premises because of unsafe structural
conditions or inadequacy of any exit way, the presence of explosives, explosive fumes or
vapors, flammable liquids, vapors, gases or materials, the fire official may order the
immediate evacuation of such building, structure or premises and no one shall enter or
reenter until authorized to do so by the fire official. In addition, the fire official may order the
Supp. No. 45 473
§ 7-26 ATLANTIC BEACH CODE
disconnection of electric and gas utility services from such building, structure or premises
and no one shall reconnect utility services until authorized to do so by the building official.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-27. Penalties and other remedies for violations.
(a) Failure to comply with any provision of this article or any lawful order of the fire
official shall constitute a misdemeanor of the second degree, punishable by a fine of not more
than five hundred dollars ($500.00), or by imprisonment for not more than ten (10) days, or
by both a fine and imprisonment. Each day that a violation continues shall be a separate
offense, in accordance with F.S. § 633.171, as it currently exists or subsequently amended.
(b) The city may use any appropriate actions or proceeding at law or in equity for the
enforcement of this chapter, and any court of competent jurisdiction shall have the right to
issue restraining orders, temporary or permanent injunctions or mandamus or other
appropriate forms of remedy or relief.
(c) The city may enforce this chapter using the proceedings set forth in chapter 2,
administration, article V, division 2, special magistrate, of the city Code of Ordinances, as
prescribed in Chapter 162, Florida Statutes, and the city's Code of Ordinances.
(Ord No. 57-97-20, § 1, 8-11-97; Ord. No. 25-08-38, § 2.A.(5), 2-25-08; Ord. No. 5-19-68, § 3,
2-11-19)
Sec. 7-28. Authority to investigate fires.
(a) The fire official shall investigate the cause, origin and circumstances of each and every
fire occurring in the city involving the loss of life or injury to persons, or destruction or
damage to property. A written report shall be made of all facts and findings in relation to
each fire investigation.
(b) If it appears that the fire is of suspicious, origin, the fire official shall immediately
notify the police department and shall assist the police department as necessary in its
investigation.
(Ord No. 57-97-20, § 1, 8-11-97)
Sec. 7-29. Key vault requirement.
The fire official may require the installation and maintenance of a key vault security
system in such buildings or structures where security precautions and protective devices
may unreasonably delay the entry of the fire department in time of emergency.
(Ord No. 57-97-20, § 1, 8-11-97)
Supp. No. 45 474
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Chapter 8
FLOOD HAZARD AREAS*
Article I. Administration
Division 1. General—Applicability—Duties and Powers of the Floodplain Administrator—
Permits—Site Plans and Construction Documents—Inspections—Variances and Appeals—
Violations
Subdivision I. In General
Sec. 8-1. [Title.]
Sec. 8-2. Scope.
Sec. 8-3. Intent.
Sec. 8-4. Coordination with the Florida Building Code.
Sec. 8-5. Warning.
Sec. 8-6. Disclaimer of liability.
Subdivision II. Applicability
Sec. 8-7. General.
Sec. 8-8. Areas to which this chapter applies.
Sec. 8-9. Basis for establishing flood hazard areas.
Sec. 8-10. Submission of additional data to establish flood hazard areas.
Sec. 8-11. Other laws.
Sec. 8-12. Abrogation and greater restrictions.
Sec. 8-13. Interpretation.
Subdivision III. Duties and Powers of the Floodplain Administrator
Sec. 8-14. Designation.
Sec. 8-15. General.
Sec. 8-16. Applications and permits.
Sec. 8-17. Substantial improvement and substantial damage determinations.
Sec. 8-18. Modifications of the strict application of the requirements of the Florida
Building Code.
Sec. 8-19. Notices and orders.
Sec. 8-20. Inspections.
Sec. 8-21. Other duties of the floodplain administrator.
Sec. 8-22. Floodplain management records.
*Editor's note—Section 2 of Ord. No. 25-13-43, adopted April 8, 2013, repealed the
former Ch. 8, §§ 8-1-8-12, 8-21-8-25, 8-31-8-35, and enacted a new Ch. 8 as set out
herein. The former Ch. 8 pertained to similar subject matter and derived from Ord. No.
25-11-42, § 1, adopted Oct. 10, 2011.
Cross references—Buildings and building regulations, Ch. 6; mobile homes, Ch. 10;
planning/zoning/appeals, Ch. 14; zoning and subdivision regulations, Ch. 24.
State law reference—Water resources, F.S. Ch. 373.
Supp. No. 45 521
ATLANTIC BEACH CODE
Subdivision IV Permits
Sec. 8-23. Permits required.
Sec. 8-24. Floodplain development permits or approvals.
Sec. 8-24.1. Buildings, structures and facilities exempt from the Florida Building Code.
Sec. 8-25. Application for a permit or approval.
Sec. 8-26. Validity of permit or approval.
Sec. 8-27. Expiration.
Sec. 8-28. Suspension or revocation.
Sec. 8-29. Other permits required.
Sec. 8-30.
Sec. 8-31.
Sec. 8-32.
Sec. 8-33.
Subdivision V Site Plans and Construction Documents
Information for development in flood hazard areas.
Information in flood hazard areas without base flood elevations (approximate
zone A).
Additional analyses and certifications.
Submission of additional data.
Subdivision VI. Inspections
Sec. 8-34. General.
Sec. 8-34.1. Development other than buildings and structures.
Sec. 8-34.2. Buildings, structures and facilities exempt from the Florida Building Code.
Sec. 8-35. Same, lowest floor inspection.
Sec. 8-36. Same, final inspection.
Sec. 8-37. Manufactured homes.
Subdivision VII. Variances and Appeals
Sec. 8-38. General.
Sec. 8-39. Appeals.
Sec. 8-40. Limitations on authority to grant variances.
Sec. 8-41. Restrictions in floodways.
Sec. 8-42. Historic buildings.
Sec. 8-43. Functionally dependent uses.
Sec. 8-44. Considerations for issuance of variances.
Sec. 8-45. Conditions for issuance of variances.
Subdivision VIII. Violations
Sec. 8-46. Violations.
Sec. 8-47. Reserved.
Sec. 8-48. Authority.
Sec. 8-49. Unlawful continuance.
Article II. Definitions
Sec. 8-50. Scope.
Sec. 8-51. Terms defined in the Florida Building Code.
Sec. 8-52. Terms not defined.
Supp. No. 45 522
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FLOOD HAZARD AREAS
Article III. Flood Resistant Development
Division 1. Buildings and Structures, Subdivisions, Site Improvements, Manufactured
Homes, Recreational Vehicles and Park Trailers, Tanks, Other Development
Subdivision I. Buildings and Structures, Subdivisions, Site Improvements
Sec. 8-53. Design and construction of buildings, structures and facilities exempt from
the Florida Building Code.
Sec. 8-54. Buildings and structures seaward of the coastal construction control line.
Sec. 8-55. Subdivisions; minimum requirements.
Sec. 8-56. Subdivision plats.
Sec. 8-57. Site improvements, utilities and limitations; minimum requirements.
Sec. 8-58. Sanitary sewage facilities.
Sec. 8-59. Water supply facilities.
Sec. 8-60. Limitations on sites in regulatory floodways.
Sec. 8-61. Limitations on placement of fill.
Sec. 8-62. Limitations on sites in coastal high hazard areas (zone V).
Subdivision II. Manufactured Homes
Sec. 8-63. General.
Sec. 8-64. Foundations.
Sec. 8-65. Anchoring.
Sec. 8-66. Elevation.
Sec. 8-66.1. General elevation requirement.
Sec. 8-67. Elevation requirement for certain existing manufactured home parks and
subdivisions.
Sec. 8-68. Enclosures.
Sec. 8-69. Utility equipment.
Subdivision III. Recreational Vehicles and Park Trailers
Sec. 8-70. Temporary placement.
Sec. 8-70.1. Permanent placement.
Sec. 8-71.
Sec. 8-72.
Sec. 8-73.
Sec. 8-74.
Sec. 8-75.
Sec. 8-76.
Sec. 8-77.
Sec. 8-78.
Sec. 8-79.
Sec. 8-80.
Subdivision IV Tanks
Underground tanks.
Above -ground tanks, not elevated.
Above -ground tanks, elevated.
Tank inlets and vents.
Subdivision V Other Development
General requirements for other development.
Fences in regulated floodways.
Retaining walls, sidewalks and driveways in regulated floodways.
Roads and watercourse crossings in regulated floodways.
Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas
(zone V).
Decks and patios in coastal high hazard areas (zone V).
Supp. No. 45 523
Sec. 8-81.
Sec. 8-82.
ATLANTIC BEACH CODE
Other development in coastal high hazard areas (zone V).
Nonstructural fill in coastal high hazard areas (zone V).
Supp. No. 45 524
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FLOOD HAZARD AREAS § 8-3
ARTICLE I. ADMINISTRATION
DIVISION 1. GENERAL—APPLICABILITY--DUTIES AND POWERS OF THE
FLOODPLAIN ADMINISTRATOR—PERMITS—SITE PLANS AND CONSTRUCTION
DOCUMENTS—INSPECTIONS VARIANCES AND APPEALS—VIOLATIONS
Subdivision I. In General
Sec. 8-1. [Title.]
These regulations shall be known as the floodplain management ordinance of the City of
Atlantic Beach, hereinafter referred to as "this chapter."
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-2. Scope.
The provisions of this chapter shall apply to all development that is wholly within or
partially within any flood hazard area, including but not limited to the subdivision of land;
filling, grading, and other site improvements and utility installations; construction, altera-
tion, remodeling, enlargement, improvement, replacement, repair, relocation or demolition
of buildings, structures, and facilities that are exempt from the Florida Building Code;
placement, installation, or replacement of manufactured homes and manufactured build-
ings; installation or replacement of tanks; placement of recreational vehicles; installation of
swimming pools; and any other development.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-3. Intent.
The purposes of this chapter and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
(5) Minimize damage to public and private facilities and utilities;
Supp. No. 45 524.1
§ 8-3 ATLANTIC BEACH CODE
(6) Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-4. Coordination with the Florida Building Code.
This chapter is intended to be administered and enforced in conjunction with the Florida
Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced
by the Florida Building Code.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-5. Warning.
The degree of flood protection required by this chapter and the Florida Building Code, as
amended by this community, is considered the minimum reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by manmade or natural causes. This chapter does not imply
that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and
base flood elevations contained in the flood insurance study and shown on flood insurance
rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60
may be revised by the Federal Emergency Management Agency, requiring this community to
revise these regulations to remain eligible for participation in the National Flood Insurance
Program. No guaranty of vested use, existing use, or future use is implied or expressed by
compliance with this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-6. Disclaimer of liability.
This chapter shall not create liability on the part of the City Commission of the City of
Atlantic Beach or by any officer or employee thereof for any flood damage that results from
reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. No. 25-13-43, § 2, 4-8-13)
Subdivision II. Applicability
Sec. 8-7. General.
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
(Ord. No. 25-13-43, § 2, 4-8-13)
Supp. No. 45 524.2
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FLOOD HAZARD AREAS § 8-12
Sec. 8-8. Areas to which this chapter applies.
This chapter shall apply to all flood hazard areas within the City of Atlantic Beach, as
established in section 8-9 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-9. Basis for establishing flood hazard areas.
The flood insurance study for Duval County, Florida and incorporated areas with an
effective date of November 2, 2018, and all subsequent amendments and revisions, and the
accompanying flood insurance rate maps (FIRM), and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this chapter and shall serve as
the minimum basis for establishing flood hazard areas. Studies and maps that establish
flood hazard areas are on file at the City of Atlantic Beach Building Department, 800
Seminole Road, Atlantic Beach, Florida.
(Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18)
Sec. 8-10. Submission of additional data to establish flood hazard areas.
To establish flood hazard areas and base flood elevations, pursuant to sections 8-30
through 8-33 of this chapter, the floodplain administrator may require submission of
additional data. Where field surveyed topography prepared by a Florida licensed profes-
sional surveyor or digital topography accepted by the community indicates that ground
elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as
a special flood hazard area on a FIRM, the area shall be considered as flood hazard
area and subject to the requirements of this chapter and, as applicable, the
requirements of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a letter of map change that
removes the area from the special flood hazard area.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-11. Other laws.
The provisions of this chapter shall not be deemed to nullify any provisions of local, state
or federal law.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-12. Abrogation and greater restrictions.
This chapter supersedes any ordinance in effect for management of development in flood
hazard areas. However, it is not intended to repeal or abrogate any existing ordinances
including but not limited to land development regulations, zoning ordinances, stormwater
management regulations, or the Florida Building Code the event of a conflict between this
Supp. No. 45 524.3
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FLOOD HAZARD AREAS § 8-25
ing on the nature and extent of proposed development that includes a building or structure,
the floodplain administrator may determine that a floodplain development permit or
approval is required in addition to a building permit.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-24.1. Buildings, structures and facilities exempt from the Florida Building
Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are
exempt from the Florida Building Code and any further exemptions provided by law, which
are subject to the requirements of this chapter:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in F.S. § 604.50.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which
are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided
wooden hut that has a thatched roof of palm or palmetto or other traditional
materials, and that does not incorporate any electrical, plumbing, or other non -wood
features.
(7) Family mausoleums not exceeding two hundred fifty (250) square feet in area which
are prefabricated and assembled on site or preassembled and delivered on site and
have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
(9) Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on
flood insurance rate maps.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-25. Application for a permit or approval.
To obtain a floodplain development permit or approval the applicant shall first file an
application in writing on a form furnished by the community. The information provided
shall:
(1) Identify and describe the development to be covered by the permit or approval.
Supp. No. 45 529
§ 8-25 ATLANTIC BEACH CODE
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and
definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in sections 8-30
through 8-33 of this chapter.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the floodplain administrator.
(Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18)
Sec. 8-26. Validity of permit or approval.
The issuance of a floodplain development permit or approval pursuant to this chapter
shall not be construed to be a permit for, or approval of, any violation of this chapter, the
Florida Building Codes, or any other ordinance of this community. The issuance of permits
based on submitted applications, construction documents, and information shall not prevent
the floodplain administrator from requiring the correction of errors and omissions.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-27. Expiration.
A floodplain development permit or approval shall become invalid unless the work
authorized by such permit is commenced within one hundred eighty (180) days after its
issuance, or if the work authorized is suspended or abandoned for a period of one hundred
eighty (180) days after the work commences. Extensions for periods of not more than one
hundred eighty (180) days each shall be requested in writing and justifiable cause shall be
demonstrated.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-28. Suspension or revocation.
The floodplain administrator is authorized to suspend or revoke a floodplain development
permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or
incomplete information, or in violation of this chapter or any other ordinance, regulation or
requirement of this community.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-29. Other permits required.
Floodplain development permits and building permits shall include a condition that all
other applicable state or federal permits be obtained before commencement of the permitted
development, including but not limited to the following:
(1) The St. Johns River Water Management District; F.S. § 373.036.
Supp. No. 45 530
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FLOOD HAZARD AREAS § 8-56
constructed in accordance with the flood load and flood resistant construction requirements
of ASCE 24. Structures exempt from the Florida Building Code that are not walled and
roofed buildings shall comply with the requirements of sections 8-75 through 8-82 of this
chapter.
(Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18)
Sec. 8-54. Buildings and structures seaward of the coastal construction control
line.
If extending, in whole or in part, seaward of the coastal construction control line and also
located, in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section
3109 and Section 1612 or Florida Building Code, Residential Section R322.
(2) Minor structures and non -habitable major structures as defined in F.S. § 161.54,
shall be designed and constructed to comply with the intent and applicable
provisions of this chapter and ASCE 24.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-55. Subdivisions; minimum requirements.
Subdivision proposals, including without limitation, proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage;
and
(3) Adequate drainage is provided to reduce exposure to flood hazards and to comply
with all stormwater and impervious surface regulations contained in chapter 24,
land development regulations. In zones AH and AO, adequate drainage paths shall
also be provided to guide floodwaters around and away from proposed structures.
(Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18)
Editor's note—Ord. No. 25-18-44, § 2, adopted July 9, 2018, changed the title of § 8-55
from "Minimum requirements" to read as herein set out.
Sec. 8-56. Subdivision plats.
Where any portion of proposed subdivisions, including without limitation, manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats and final plats;
Supp. No. 45 545
§ 8-56 ATLANTIC BEACH CODE
(2) Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and
base flood elevations are not included on the FIRM, the base flood elevations shall be
determined in accordance with section 8-31(1) of this chapter; and
(3) Compliance with the site improvement and utilities requirements of sections 8-57
through 8-62 of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18)
Sec. 8-57. Site improvements, utilities and limitations; minimum requirements.
All proposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage;
and
(3) Adequate drainage is provided to reduce exposure to flood hazards and to comply
with all stormwater and impervious surface regulations contained in chapter 24,
land development regulations. In zones AH and AO, adequate drainage paths shall
also be provided to guide floodwaters around and away from proposed structures.
(Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18)
Editor's note—Ord. No. 25-18-44, § 2, adopted July 9, 2018, changed the title of § 8-57
from "Minimum requirements" to read as herein set out.
Sec. 8-58. Sanitary sewage facilities.
All new and replacement sanitary sewage facilities, private sewage treatment plants
(including all pumping stations and collector systems), and on-site waste disposal systems
shall be designed in accordance with the standards for onsite sewage treatment and disposal
systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters,
and impairment of the facilities and systems.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-59. Water supply facilities.
All new and replacement water supply facilities shall be designed in accordance with the
water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters into the systems.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-60. Limitations on sites in regulatory floodways.
No development, including but not limited to site improvements, and land disturbing
activity involving fill or regrading, shall be authorized in the regulatory floodway unless the
Supp. No. 45 546
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FLOOD HAZARD AREAS § 8-64
floodway encroachment analysis required in subsection 8-32(1) of this chapter demonstrates
that the proposed development or land disturbing activity will not result in any increase in
the base flood elevation.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-61. Limitations on placement of fill.
Subject to the limitations of this chapter, fill shall be designed to be stable under
conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged
inundation, and protection against flood -related erosion and scour. In addition to these
requirements, if intended to support buildings and structures (zone A only), fill shall comply
with the requirements of the Florida Building Code.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-62. Limitations on sites in coastal high hazard areas (zone V).
In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be
permitted only if such alteration is approved by the Florida Department of Environmental
Protection and only if the engineering analysis required by section 8-32(4) of this chapter
demonstrates that the proposed alteration will not increase the potential for flood damage.
Construction or restoration of dunes under or around elevated buildings and structures shall
comply with section 8-82(3) of this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13; Ord. No. 25-18-44, § 2, 7-9-18)
Subdivision H. Manufactured Homes
Sec. 8-63. General.
All manufactured homes installed in flood hazard areas shall be installed by an installer
that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of
Chapter 15C-1, F.A.C. and the requirements of this chapter. If located seaward of the coastal
construction control line, all manufactured homes shall comply with the more restrictive of
the applicable requirements.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-64. Foundations.
All new manufactured homes and replacement manufactured homes installed in flood
hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas (zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this chapter.
Supp. No. 45 547
§ 8-64 ATLANTIC BEACH CODE
(2) In coastal high hazard areas (zone V), are designed in accordance with the
foundation requirements of the Florida Building Code, Residential Section R322.3
and this chapter.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-65. Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed
using methods and practices which minimize flood damage and shall be securely anchored to
an adequately anchored foundation system to resist flotation, collapse or lateral movement.
Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to
ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-66. Elevation.
Manufactured homes that are placed, replaced, or substantially improved shall comply
with section 8-66.1 or 8-67 of this chapter, as applicable.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-66.1. General elevation requirement.
Unless subject to the requirements of section 8-67 of this chapter, all manufactured homes
that are placed, replaced, or substantially improved on sites located: (a) outside of a
manufactured home park or subdivision; (b) in a new manufactured home park or
subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d)
in an existing manufactured home park or subdivision upon which a manufactured home has
incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom
of the frame is at or above the elevation required, as applicable to the flood hazard area, in
the Florida Building Code, Residential Section R322.2 (zone A) or Section R322.3 (zone V).
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-67. Elevation requirement for certain existing manufactured home parks
and subdivisions.
Manufactured homes that are not subject to section 8-66.1 of this chapter, including
manufactured homes that are placed, replaced, or substantially improved on sites located in
an existing manufactured home park or subdivision, unless on a site where substantial
damage as result of flooding has occurred, shall be elevated such that either the:
(1) Bottom of the frame of the manufactured home is at or above the elevation required,
as applicable to the flood hazard area, in the Florida Building Code, Residential
Section R322.2 (zone A) or Section R322.3 (zone V); or
Supp. No. 45 548
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FLOOD HAZARD AREAS § 8-68
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of
at least equivalent strength that are not less than thirty-six (36) inches in height
above grade.
(Ord. No. 25-13-43, § 2, 4-8-13)
Sec. 8-68. Enclosures.
Enclosed areas below elevated manufactured homes shall comply with the requirements
of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable
to the flood hazard area.
(Ord. No. 25-13-43, § 2, 4-8-13)
Supp. No. 45 548.1
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OFFENSES § 13-165
(d) If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or
kidnapping or false imprisonment, as those crimes are identified and defined by Florida
Statutes, occurs or has occurred at a convenience business since July 1, 1989, and arises out
of the operation of the convenience business, that convenience business shall implement at
least one (1) of the following security measures:
(1) Provide at least two (2) employees on the premises at all times after 11:00 p.m. and
before 5:00 a.m.;
(2) Install for use by employees at all times after 11:00 p.m. and before 5:00 a.m. a
secured safety enclosure of transparent polycarbonate or other material that meets
at least one of the following minimum standards:
a. American Society for Testing and Materials Standard D3935 (classification
PC110 B 3 0800700) and that has a thickness of at least 0.375 inches and has an
impact strength of at least two hundred (200) foot pounds; or
b. Underwriters Laboratory Standard UL 752 for medium power small arms (level
one), Bullet Resisting Equipment;
(3) Provide a security guard on the premises at all times after 11:00 p.m. and before 5:00
a.m.;
Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m., and only
transact business through an indirect pass-through trough, trapdoor, or window; or
(4) Close the business at all times after 11:00 p.m. and before 5:00 a.m.
(e) For purposes of this section, any convenience business that by law implemented any of
the security measures set forth in subsection (d), paragraphs (1-5) and has maintained said
measures as required by the Department of Legal Affairs, Office of the Attorney General
without any occurrence or incidence of the crimes identified by subsection (d) for a period of
no less than twenty-four (24) months immediately preceding the filing of a notice of
exemption, may file with the Department a notice of exemption from these enhanced security
measures.
(f) These security requirements are consistent with those provided for in Chapter 812,
Florida Statutes, specifically F.S. §§ 812.173 and 812.1725, as those sections may be
hereafter amended. To the extent that these statutory security requirements are amended,
then these City of Atlantic Beach security requirements are similarly deemed amended
hereafter.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec. 13-165. Employee training.
The owner or principal operator of a convenience business or convenience businesses shall
provide proper robbery deterrence and safety training by an approved curriculum by the
Attorney General to its retail employees within sixty (60) days of employment.
(Ord. No. 57-10-23, § 1, 11-8-10)
Supp. No. 45 799
§ 13-166 ATLANTIC BEACH CODE
Sec. 13-166. Inspections.
The city manager, or his designee, shall ensure initial compliance with this article within
one hundred and twenty (120) days of adoption. Thereafter, the city manager, or his
designee, shall conduct initial inspections within thirty (30) days of the issuance of a new
business tax receipt, and conduct annual inspections in October of each year.
(Ord. No. 57-10-23, § 1, 11-8-10)
Sec 13-167. Violations.
The city manager, or his designee, may refer any violation of this article to the attorney
general's office for enforcement per F.S. § 812.175, and to the city's code enforcement officer
for prosecution pursuant to chapter 2, article V, division 2 of the Code of Ordinances.
(Ord. No. 57-10-23, § 1, 11-8-10; Ord. No. 5-19-68, § 3, 2-11-19)
Sec. 13-168. Severability.
If any section or portion of a section of this article proves to be invalid, unlawful, or
unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any
other section or part of this article.
(Ord, No. 57-10-23, § 1, 11-8-10)
See. 13-169. Civil fines.
Violations of this article may result in a notice of violation from the attorney general, civil
fines imposed by the Attorney General not to exceed five thousand dollars ($5,000.00) per
F.S. § 812.175, and any fines and costs imposed by the special magistrate, as authorized by
F.S. § 162.01 et seq.
(Ord. No. 57-10-23, § 1, 11-8-10; Ord. No. 5-19-68, § 3, 2-11-19)
Supp. No. 45 800
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PLANNING/ZONING/APPEALS
ARTICLE I. IN GENERAL
Sec. 14-1. Comprehensive plan.
§ 14-17
(a) The Comprehensive Plan for the City of Atlantic Beach, entitled "Comprehensive Plan
City of Atlantic Beach, Florida," dated March 1, 1990, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference, is hereby adopted for the area of
jurisdiction of the City of Atlantic Beach pursuant to the Chapter 163, Part II, of the Laws
of the State of Florida.
(b) Not less than one (1) copy of the comprehensive plan, and any subsequent amend-
ments thereto, shall be maintained for public inspection in the office of the city clerk, and not
less than one (1) additional copy each and any subsequent amendments thereto, shall be
maintained for public inspection in the office of the city manager and the office of the
community development director.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 95-90-48, § 1, 12-13-90)
Cross reference—Stormwater management, § 22-301 et seq.
Secs. 14-2-14-15. Reserved.
ARTICLE II. COMMUNITY DEVELOPMENT BOARD*
Sec. 14-16. Created.
There is hereby created a community development board.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-17. Composition; qualifications of members; officers.
The community development board shall consist of seven (7) members and one (1)
alternate member appointed by the city commission, none of whom shall hold any other
public office in violation of Article II, Section 5(a), Florida Constitution, all of whom shall be
bona fide residents of the city, and where practical, each shall possess some special skill or
knowledge which would assist them in the discharge of their responsibilities under this
article. The alternate members is strongly encouraged to attend every meeting and shall be
allowed to vote and participate in CDB business subject to the requirements of this section
in the absence of regular board members. The community development board shall elect its
chairman and vice chairman from among the appointed members. The community develop-
ment director shall act as secretary to the board under the direction of the city manager.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-15-62, § 2, 5-11-15; Ord. No. 5-18-66, § 1, 1-14-19)
*Cross references—Administration, Ch. 2; boards and commissions generally, § 2-131 et
seq.
Supp. No. 45 841
§ 14-18 ATLANTIC BEACH CODE
Sec. 14-18. Terms of office of members; filling of vacancies.
The term of office of regular and alternate board members shall be for three (3) years and
members may serve a maximum of three (3) consecutive terms. All terms shall expire on
December 31 of the proper year, provided, however that members whose terms expire shall
continue to serve until replacement appointments are effective. Any board member who
wishes to resign should submit a letter of resignation to the chairman and city clerk. Any
vacancy during the unexpired term of an appointed member shall be filled by the city
commission for the remainder of the term. Should the length of the unexpired term be less
than one (1) year, then such appointment shall not count towards the maximum number of
consecutive terms.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03; Ord. No. 5-18-66, § 2, 1-14-19)
Sec. 14-19. Removal of members.
Any member of the community development board may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend
three (3) consecutive meetings without prior notice to the director of planning and
community development or his/her designee and without reasonable cause shall have his
office declared vacant by the community development board which shall notify the city clerk
and the city commission shall promptly fill the vacancy.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03; Ord. No. 5-18-66, § 3, 1-14-19)
Sec. 14-20. Powers and duties.
The community development board shall have the power, duty, responsibility and
authority to:
(1) Make recommendations to the city commission for the physical, fiscal and esthetic
development of the city;
(2) Exercise supervisory control over planning and land use within the city, following the
standards established by the city commission pertaining to such planning or land use
regulation as contained in the Ordinance Code of the City of Atlantic Beach, Florida;
(3) Recommend to the city commission proposed changes in the land use regulation map
of the city;
(4) Recommend to the city commission proposed changes in the land use regulations of
the code;
(5) Submit to the city commission their recommendations covering all applications for
changes in the provisions of the land use regulations of the city referred to them by
the city commission;
(6) Submit annually to the city manager, not less than one hundred and twenty (120)
days prior to the beginning of the budget year, a list of recommended capital
improvements which in the opinion of the board, are necessary or desirable to be
Supp. No. 45 842
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PLANNING/ZONING/APPEALS § 14-21
constructed. The list shall be arranged in order of preference, with recommendations
as to which project shall be constructed in which year, and shall include sources of
revenue;
(7) Promote public interest in and understanding of the planning, zoning and beautifica-
tion of the city;
(8) Meet on a regularly scheduled day each month, and periodically on call, and keep a
public record of all its meetings, resolutions, findings and determinations;
(9) Require information from other departments of the city government in relation to its
work, which information shall be furnished to them within a reasonable time;
(10) Request additional assistance for special survey work of the city manager, who may,
at his discretion, assign to the board members of the staff of any administrative
department or direct such department to make a special study requested by the
board;
(11) Recommend to the city commission plans for the planning, replanning, improvement
or redevelopment of the city;
(12) Recommend to the city commission plans for the replanning, reconstruction or
redevelopment of any area or district which may be destroyed in whole or in part or
seriously damaged by fire, earthquake, flood or other disaster;
(13) Request the city manager to provide for the employment of sufficient personnel to
enable the board to carry out its powers, duties and responsibilities;
(14) To act as a zoning board and to make recommendations to the city commission on
zoning applications and applications for exceptions filed in accordance with the land
development regulations of the Comprehensive Zoning Code of the City of Atlantic
Beach, Florida;
(15) To act as an appeals board or board of adjustment to authorize upon findings of fact
minor variances from the terms of Chapter 24, the Comprehensive Zoning Ordinance
of the City of Atlantic Beach, as will not be contrary to the public interest and, where
owing to special conditions, not self-imposed or self-created, literal enforcement of
the provisions of said Chapter 24 would result in unnecessary hardship.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-21. Certification of board actions to the city manager.
All plans or recommendations of the community development board, in order to be
accorded official cognizance by the city commission, must be certified to the city commission
through the office of the city manager by the chairman of the community development board
as the official act of the board, duly passed by a majority vote of the board as distinguished
from the personal views or desires of any single member or group of members of the board.
Such certification shall be attested to by the appropriate administrative official. This
provision is not intended as prohibiting the board from submitting alternate plans or
Supp. No. 45 843
§ 14-21 ATLANTIC BEACH CODE
recommendations or of submitting minority plans or recommendations in certain cases when
so approved by a majority vote of the board to be also certified to the city commission for
consideration.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-22. Local planning agency.
The community development board is hereby designated as the local planning agency and
the local land development regulation commission as set forth in Part 2 of Chapter 163.3164,
Florida Statutes as from time to time amended.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-23. Proceedings of the board.
Four (4) members of the community development board shall constitute a quorum but a
less number may adjourn from time to time until a quorum is present. The board shall adopt
rules as may be required for the proper conduct of its business. Meetings of the board shall
be held at the call of the chairman and at such times as the board may determine. Such
chairman, or in his absence, the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board shall be open to the public. The board
shall keep minutes of the proceedings, showing the vote of each member upon each question,
or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be immediately filed in the office of the board and
shall become a public record.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-24. Appeals.
Appeals from decisions of the community development board may be taken by any person
or persons, jointly or separately, or any taxpayer or any officer of the city. Such appeals shall
be taken within thirty (30) days after the decision of the board on which the appeal is based.
The appeal shall be filed with the community development director on behalf of the
community development board and with the city manager for forwarding to the city
commission. The appeal shall state the grounds thereof and relief sought.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-25. Petition of illegality.
Petition may be presented to court of record within thirty (30) days after filing of decision
of city commission, setting forth illegality.
Any person or persons, jointly or separately, aggrieved by any decision of the city
commission rendered as a result of an appeal filed in accordance with the provisions of
section 14-24 herein may present the court of record a petition, duly verified, setting forth
Supp. No. 45 844
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PLANNING/ZONING/APPEALS § 14-28
that such decision is illegal in whole or in part, and specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty (30) days after the filing of the
decision of the city commission.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-26. Cost.
Costs shall not be allowed against the city commission unless it shall appear to the court
that it acted with gross negligence, or in bad faith, or with malice in making the decision
appealed from.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-27. Enforcement; penalties for violation.
The city commission may provide by ordinance for the enforcement of this chapter and of
any ordinance or regulation made thereunder, and may provide for the punishment of any
violation therein by fine or imprisonment or both, and also may provide civil penalties for
said violation.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-28. Legal proceedings.
Legal proceedings may be instituted in addition to other remedies provided for violation of
this chapter.
In case any building or structure if erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure, land or water is used in violation of this
chapter or of any ordinance or other regulation made under authority conferred herein, the
proper local authorities or the city commission, in addition to other remedies, may institute
appropriate action or proceedings to prevent such unlawful erection, construction, reconstruc-
tion, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure, land or water, or to prevent
any illegal act, conduct, business, or use in or about such premises.
(Ord. No. 47-86-3, § 2, 1-26-87)
Supp. No. 45 845
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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. Definitions.
Sec. 21-3. Permit required for parades and processions.
Secs. 21-4-21-15. Reserved.
Article II. Stopping, Standing and Parking on Public Property
Division 1. Generally
Sec. 21-16. Manner of stopping, standing or 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.
Secs. 21-22-21-35. 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.
Sec. 21-42. Removing and impounding.
Secs. 21-43-21-49. Reserved.
Sec. 21-50.
Sec. 21-51.
Sec. 21-52.
Article III. Wrecker Service
Establishment of rotating wrecker call list.
Charges for towing and storage.
Wreckers to be equipped at all times.
*Editor's note—Ord. No. 75-18-20, § 1, adopted Jan. 14, 2019, repealed ch. 21 in its
entirety, and § 2(Exh. A) of said ordinance enacted new provisions as herein set out. Former
ch. 21, §§ 21-1, 21-2, 21-16-21-26, 21-36-21-41, 21-50-21-54, 21-60-21-66, 21-75-21-85,
pertained to similar subject matter, and derived from Ord. No. 75-98-13, § 1, adopted Dec.
14, 1998; Ord. No. 75-04-16, § 1, adopted Sept. 13, 2004; Ord. No. 75-04-17, § 1, adopted Oct.
11, 2004; Ord. No. 75-13-18, § 1, adopted July 8, 2013; and Ord. No. 75-13-19, §§ 1, 2,
adopted Oct. 28, 2013.
State law references—Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of
local authorities, F.S. § 316.008.
Supp. No. 45 1221
ATLANTIC BEACH CODE
Sec. 21-53. Liability insurance.
Sec. 21-54. Repairing motor vehicles without authorization prohibited.
Sec. 21-55. Towage and storage charges.
Secs. 21-56-21-60. Reserved.
See. 21-61.
Sec. 21-62.
Sec. 21-63.
Sec. 21-64.
Article IV. Motor Vehicle Title Loans
Motor vehicle title loan transactions.
Maximum interest rate.
Transaction satisfaction and default.
Title loan lending license.
Sec. 21-65. Violations and penalties.
Sec. 21-66. Transition period for regulations, restrictions and licensure provisions.
Secs. 21-67-21-75. Reserved.
Article V. Vehicles for Hire
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 for hire.
Sec. 21-80. Equipment and safety requirements for vehicles for hire.
Sec. 21-81. Meters required for taxicabs.
Sec. 21-82. For -hire drivers.
Sec. 21-83. Engaging in criminal activity.
Sec. 21-84. Rates and charges.
Sec. 21-85. Citations authorized; penalties provided.
Sec. 21-86. Reserved.
Article VL Unregistered and Inoperable Vehicles
Sec. 21-87. Intent.
Sec. 21-88. Limitations on unregistered and inoperable vehicles.
Sec. 21-89. Enforcement.
Supp. No. 45 1222
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TRAFFIC AND MOTOR VEHICLES § 21-2
ARTICLE I. IN GENERAL
Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on
Uniform Traffic Control Devices.
The following are adopted in full by reference as part of this chapter and shall be in full
force and effect within the city as if fully set forth herein:
(a) The Florida Uniform Traffic Control Law, being Chapter 316 of the Florida Statutes
as may be amended;
(b) The Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways,
as published and amended by the Federal Highway Administration.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-2. Definitions.
To the extent the definitions provided in this section conflict with or differ from those
found in the Florida Uniform Traffic Control Law or the Manual on Uniform Traffic Control
Devices, the definitions found in this section shall be used in implementing and interpreting
this chapter.
City or the city shall mean the City of Atlantic Beach, except when used in conjunction
with another city such as the City of Jacksonville.
Enclosed building shall mean a structure having no outside openings other than ordinary
doors, windows and other such common features.
For -hire driver includes every individual operating a vehicle for hire either as owner,
agent, employee, or otherwise.
Inoperable motor vehicle shall mean a motor vehicle that is incapable of legal operation
under its own power upon a roadway due to its physical condition.
Motor vehicle shall mean any self-propelled vehicle and registered attachments such as
trailers designed primarily for transportation of persons or goods along a public roadway.
Paved sidewalk shall mean pathways with concrete, asphalt, paver and other surface
materials, intended for use by pedestrians and non -motorized modes of transport.
Public property shall mean lands and improvements owned by the federal government,
the state, the county, a municipality, special district or any subdivision thereof.
Right-of-way shall mean land which a public entity owns in fee simple or holds an
easement over, which all or a portion of is used for vehicular travel.
Roadway shall mean that portion of a right-of-way improved, designed, or ordinarily used
for vehicular travel and vehicular parking, exclusive of the berm or shoulder.
Secondhand dealer has the same meaning as used in F.S. § 538.03(1)(a), as it may be
amended.
Supp. No. 45 1223
§ 21-2 ATLANTIC BEACH CODE
Taximeter shall mean a mechanical or electronic device, including mobile phone applica-
tions, which calculates and displays a predetermined rate and indicates the charge for hire
of a vehicle and which also records and indicates a fare, rate or charge based on waiting time,
extra passengers, initial charge and other fares, rates or charges as applicable.
Title loan agreement shall mean 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.
Trailer shall mean a non -powered vehicle designed to be hauled over roadways by a motor
vehicle, and shall be interpreted to include boat trailers, fifth wheels, travel trailers,
equipment trailers, and any other vehicle typically referred to as a trailer.
Transport shall mean to operate or cruise over the roadways of the city and its adjacent
territory for the purpose of moving passengers or goods from one (1) point to another.
Unregistered motor vehicle shall mean a motor vehicle which does not have a valid and
current motor vehicle license tag affixed thereto.
Vehicle for hire shall mean any motor vehicle operated over and upon roadways within the
city for the transportation of person(s) in exchange for compensation.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-3. Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any right-of-way 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. 75-18-20, § 2(Exh. A), 1-14-19)
Secs. 21-4-21-15. Reserved.
ARTICLE IL STOPPING, STANDING AND PARKING ON PUBLIC PROPERTY
DIVISION 1. GENERALLY
Sec. 21-16. Manner of stopping, standing or parking.
(a) Any motor vehicle, equipment, or object of any kind stopped, standing or parked on a
roadway shall be parallel with the edge of the roadway in the direction of traffic, except
where an official traffic control device requires otherwise.
(b) Any motor vehicle, equipment, or object of any kind stopped, standing or parked on a
roadway with a raised concrete curb shall have its wheels within twelve (12) inches of the
edge of the raised concrete curb except where an official traffic control device requires
otherwise.
Supp. No. 45 1224
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TRAFFIC AND MOTOR VEHICLES § 21-17
(c) Motor vehicles, equipment, or objects of any kind shall not be stopped, standing or
parked on a right-of-way in a mariner that obstructs the required sight distance require-
ments found in section 19-5 of the city's Code of Ordinances.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-17. Prohibited in specific areas.
Except when in compliance with the directions of a police officer or official traffic control
device, no person shall stop, stand or park a motor vehicle or any part thereof:
(a) On a paved sidewalk;
(b) Within seven (7) feet of a public 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;
(g) On the following roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive (except for the 600 through 900 Blocks).
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(h) On the unpaved portions of the following rights-of-way, except between the hours of
6:00 p.m. and 8:00 a.m. or as approved under section 6-18 of this Code of Ordinances:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive (except for the 600 through 900 Blocks).
(8) Levy Road.
Supp. No. 45 1225
§ 21-17 ATLANTIC BEACH CODE
(9) Dutton Island Road.
(10) Donner Road.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-18. Obstructing traffic.
No person shall stop, stand or park a motor vehicle on a right-of-way in a manner that
leaves less than ten (10) feet of roadway width available for the free movement of vehicular
traffic, except a driver may stop for a period of time not to exceed five (5) minutes during the
actual loading or unloading of passengers or packages, or in compliance with direction given
by a police officer or official traffic control device.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
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 motor vehicle in such a designated place.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-20. Parking limitations.
(a) When a sign is erected in each block giving notice of time limits, no person shall park
a motor vehicle for longer than the respective times set forth in any schedule applicable
thereto promulgated and adopted by the city manager.
(b) No motor vehicle, other than official motor vehicles as authorized by the city manager,
shall be parked overnight in any public property, 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.
(c) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck,
trailer or commercial vehicle upon any right-of-way, except for the purpose of loading or
unloading, for more than four (4) hours, except when authorized by the city manager or their
designee provided that the vehicle does not obstruct traffic as described in section 21-18.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-21. Parking for certain purposes prohibited.
No person shall stand or park a motor vehicle upon any 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 motor vehicle, except
repairs necessitated by an 'emergency.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Secs. 21-22-21-35. Reserved.
Supp. No. 45 1226
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TRAFFIC AND MOTOR VEHICLES § 21-38
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 pre -numbered and which shall be issued to all police officers.
It shall be the duty of all police 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 motor vehicles on all public rights-of-way and public property of the city. Notice of
violation of a parking ordinance by police officers shall be given by leaving a citation
specifying the violation with the registered owner or operator of the motor vehicle or by
attaching the citation to the motor vehicle if it is unattended. A duplicate copy of each such
ticket shall be made and filed by the police officer, with his signature affixed thereto, at the
close of each day's work, with the records division of the police department.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
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 motor vehicle causing the violation as well as
the person cited if delivered in person;
(e) Command the owner or operator of the motor vehicle causing the violation to pay to
the city the applicable fine as established by section 21-38; and
(f) Be signed by the police officer issuing them.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
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 as defined by section 21-17 $50.00
(b) Obstructing traffic 50.00
(c) Parking over time limit 50.00
(d) Other improper parking 50.00
(e) Illegal parking in designated ADA accessibility parking spaces 250.00
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Supp. No. 45 1227
§ 21-39 ATLANTIC BEACH CODE
Sec. 21-39. Payment of parking fines.
(a) The 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. 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 or their designee 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 motor vehicle has three (3) or more unpaid parking
tickets, and the time limitations for the payment of the tickets has expired, then the motor
vehicle may be disabled or towed pursuant to the conditions set forth within this chapter.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
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 city in a manner as prescribed by the city manager.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
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. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-42. Removing and impounding.
Members of the police apartment are hereby authorized to remove and shall cause to be
removed any motor vehicle from any public rights-of-way or public property within the city
to a public garage or other place of safety under circumstances enumerated in this article II
and where such violation creates a public safety concern:
(a) When a motor vehicle is left unattended:
(1) On a paved 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
Supp. No. 45 1228
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TRAFFIC AND MOTOR VEHICLES § 21-52
(6) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic.
(b) When any motor vehicle is left unattended at any place where official signs or
markings on the curb prohibit parking, stopping, or standing.
(c) When any motor vehicle is left unattended upon any roadway or right-of-way for a
period of time longer than seventy-two (72) hours.
(d) When a motor vehicle upon a right-of-way is so disabled as to constitute an
obstruction to traffic, or the person in charge of the motor 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 motor vehicle is left unattended upon a right-of-way and is so parked
illegally, or the motor vehicle constitutes an obstruction to normal movement of
traffic.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Secs. 21-43-21-49. Reserved.
ARTICLE III. WRECKER SERVICE
Sec. 21-50. Establishment of rotating wrecker call list.
The director of public safety, 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. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-51. Charges for towing and storage.
The charges for towing and otherwise removing any damaged or disabled motor vehicle
from any point within the city shall be as set forth in section 804.1204 of the City of
Jacksonville Code of Ordinances with rates as defined by section 804.1205 of the City of
Jacksonville Code of Ordinances as amended from time to time.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
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. 75-18-20, § 2(Exh. A), 1-14-19)
Supp. No. 45 1229
§ 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) for damages arising from
bodily injury or death to any one (1) person, not less than three hundred thousand dollars
(8300,000.00) for damages arising from bodily injury of more than one (1) person in any one
(1) accident, and property insurance in an amount not less than fifty thousand dollars
($50,000.00).
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-54. Repairing motor vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or
additions to any such removed motor vehicle without the written consent signed by its owner
or his duly authorized agent.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-55. Towage and storage charges.
Any and all towage and storage charges reasonably due to: (1) the owner of the wrecker
service that towed a motor vehicle removed under the provisions of this article; or (2) the
owner of the garage or other place where a motor vehicle has been removed to and stored
under provisions of this article, shall constitute a lien against the motor vehicle. The owner
of the garage or other place where the motor vehicle is stored is hereby authorized to hold the
motor vehicle until the towage and storage charges are paid by, or on behalf of, the owner of
the motor vehicle. In no event shall the city, or any officer, employee, or department thereof,
be liable for such charges by reason of their enforcement of this section.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Secs. 21-56-21-60. Reserved.
ARTICLE BY. MOTOR VEHICLE TITLE LOANS
Sec. 21-61. Motor vehicle title loan transactions.
A secondhand dealer registered under Chapter 538, Part I, Florida Statutes, may engage
in motor vehicle title loan transactions, as that term is used in Chapter 538, Part I, Florida
Statutes, if the following conditions are met:
(a) The secondhand dealer maintains physical possession of the motorvehicle 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;
Supp. No. 45 1230
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TRAFFIC AND MOTOR VEHICLES § 21-61
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a
statement showing the loan amount, origination date, maturity date, finance
charges, a description of the security, the name and address of the borrower and the
secondhand dealer, the rate of interest expressed in terms of annual percentage rate,
the total number of payments required, and the total amount required to be paid over
the life of the loan. In the event the borrower has a right to renew the loan, the
secondhand dealer must deliver a statement with the information required herein for
each renewal; and
(e) The title loan agreement contains the following statements printed in not less than
fourteen -point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not repay
this loan in full, including the finance charge, YOU WILL LOSE YOUR
VEHICLE."
(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."
(g) A blank line for the signature of the borrower.
(h) The secondhand dealer must display, in a prominent place in the title loan premises,
for customer viewing, a sign no smaller than three (3) feet by five (5) feet with the
following messages written in letters no less than four (4) inches high:
"IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS
SECURITY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL,
INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE
LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM
ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH
OR AN ANNUAL PERCENTAGE RATE OF 30%."
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Supp. No. 45 - 1231
§ 21-62 ATLANTIC BEACH CODE
Sec. 21-62. Maximum interest rate.
A secondhand dealer who engages in title loan transactions may not exceed the following
interest rates:
(a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5)
percent per thirty -day period the title loan agreement remains outstanding and
unsatisfied. In determining compliance with the maximum interest and finance
charges, the computation must be simple interest and not add-on interest or any
other interest computation.
(b) If the title loan agreement has not been satisfied within three hundred sixty (360)
days, a secondhand dealer may charge an interest rate not to exceed eighteen (18)
percent per annum for the time the title loan agreement remains outstanding and
unsatisfied beyond three hundred sixty (360) days.
(c) The annual percentage rate that may be charged in a motor vehicle title loan may
equal, but not exceed, the annual percentage rate that must be computed and
disclosed as required by the federal Truth in Lending Act and Regulation Z of the
Board of Governors of the Federal Reserve System. When the period for which the
charge is computed is more or less than one (1) month, the maximum rate for the
period must be computed on a basis of one -thirtieth (1/30) the applicable monthly
interest rate, multiplied by the number of days of the period.
(d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title
in exchange for the advancement of funds on the condition that the borrower shall or
may redeem or repurchase the certificate of title upon the payment of a sum of
money, whether the transaction be characterized as a "buy -sell agreement", " sale-
leaseback agreement", or otherwise, shall be deemed a violation of this article if such
sum exceeds the amount that a secondhand dealer may collect in a title loan
agreement under this article or if the terms of the transaction otherwise conflict with
the permitted terms and conditions of a title loan agreement under this article.
(e) Any fees or taxes paid to a state agency and directly related to an individual title loan
transaction may be collected from the borrower and shall be in addition to the
permitted finance and interest charge.
(f) No charges, including interest, in excess of the combined total of all charges
permitted by this section shall be allowed.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-63. Transaction satisfaction and default.
(a) When the title loan has been paid in full, the secondhand dealer must deliver to the
borrower a certificate of title clear of all encumbrances placed upon the title by the
secondhand dealer within thirty (30) days of such payment in full.
Supp. No. 45 1232
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TRAFFIC AND MOTOR VEHICLES § 21-64
(b) A secondhand dealer who engages in title loan transactions may take possession of the
motor vehicle upon the borrower's default under the title loan agreement. Unless the
borrower voluntarily surrenders the motor vehicle, the secondhand dealer may only take
possession of a motor vehicle through an agent licensed by the State of Florida to repossess
motor vehicles.
(c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section
shall comply with the applicable requirements of Chapter 679, Part V, Florida Statutes.
(d) Disposition of the collateral or motor vehicle may be by public or private proceedings
and may be made by way of one (1) or more contracts. Sale or other disposition may be as a
unit or in parts and at any time and place and on any terms, but every aspect of the
disposition, including the method, manner, time, place and terms including surplus of the
debt, must be commercially reasonable.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-64. Title loan lending license.
(a) No secondhand dealer may engage in business as a title loan lender six (6) months
after the effective date of this article unless the secondhand dealer has a valid title loan
lending license issued by the city.,, A separate title loan lending license will be required for
each physical location of the title loan business. The city shall issue more than one (1) title
loan lending license to an applicant if that applicant complies with the requirements of this
part for each such license.
(b) An application for a title loan lending license pursuant to this part must be submitted
to the city on such form as the city may prescribe. If the city determines that an application
should be granted, it shall issue such license for a period not to exceed two (2) years. A
non-refundable application and license fee of one thousand two hundred fifty dollars
($1,250.00) shall accompany an initial application for each title loan location.
(c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A title
loan lending license that is not renewed at the end of each two-year period shall
automatically become inactive. An inactive license may be reactivated within ninety (90)
days after the date it became inactive upon the submission of a completed reactivation form
and payment of a reactivation fee not exceeding two hundred dollars ($200.00) and a biennial
license fee of one thousand dollars ($1,000.00). No inactive license may be reactivated after
ninety (90) days.
(d) Each title loan lending license must specify the location for which it is issued and
must be conspicuously displayed at that location. When a licensee wishes to move a title loan
office to another location, the licensee shall give thirty (30) days' prior written notice to the
city by certified or registered mail, return receipt requested, and the city shall then amend
the title loan lending license accordingly. A license issued pursuant to this part is not
transferable or assignable.
Supp. No. 45
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§ 21-64 ATLANTIC BEACH CODE
(e) Books, accounts and records; maintenance and examinations by the city:
(1) Each licensee shall maintain, at the principal place of business designated on the
license, all books, accounts, records and documents necessary to determine the
licensee's compliance with this part.
(2) The city may authorize maintenance of records at a location other than a principal
place of business. The city may require books and records to be produced and
available at a reasonable and convenient location within the city.
(3) All books, accounts, records, documents and receipts for expenses paid by the
licensee on behalf of the borrower, including each contract signed by the borrower
and expenses incurred by the licensee in the event of foreclosure and property
recovery, will be preserved and kept available for examination by the city for two (2)
years after the date of original entry.
(4) The city may prescribe by rule the minimum information to be shown in the books,
accounts, records and documents of licensee so that such records will enable the city
to determine the licensee's compliance with this part.
(f) Each licensee shall designate and maintain an agent in this state for service of process.
(g) A licensee must apply to the city for a new title loan lending license upon a change in
ownership of twenty-five (25) percent or more by a natural person in any title loan location
or office. No application for a title loan lending license or an application for transfer of an
existing title loan lending license is required for any change, directly, or beneficially, in the
ownership of a title loan location if one (1) or more of the holders of at least seventy-five (75)
percent of the outstanding equity interest in the title loan location or office before the change
in ownership continue to hold at least seventy-five (75) percent of the outstanding equity
interest in the title loan location or office after the change in ownership.
(h) To be eligible for title loan lending license, an applicant shall:
(1) File with the city a bond in the amount of thirty-five thousand dollars ($35,000.00)
for each license with a surety company qualified to do business in this state. In lieu
of the bond, the applicant may establish a certificate of deposit or an irrevocable
letter of credit in a Florida financial institution in the amount of the bond. The
original bond, certificate of deposit, or letter of credit shall be filed with the city and
the city shall be the beneficiary of such instrument. The bond, certificate of deposit,
or letter of credit shall be in favor of the city for the use and benefit of any consumer
who is injured in the context of a title loan transaction by the fraud, misrepresenta-
tion, breach of contract, financial failure, unfair or deceptive trade practice,
disclosure violation or violations of any provision of this part by the licensee. Such
liability shall be enforced by the filing of a suit in a court of competent jurisdiction.
(2) Not have been convicted of a felony within the last ten (10) years or be acting on
behalf of a beneficial owner who has been convicted of a felony within the last ten
(10) years.
Supp. No. 45 1234
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TRAFFIC AND MOTOR VEHICLES § 21-65
(3) Not have been convicted, and not acting on behalf of a beneficial owner who has been
convicted, of a crime that the city finds directly related to the duties and
responsibilities of a title loan lender within the past ten (10) years.
(i) The city shall determine the form of the title loan lending license.
(j) No part of this article may be construed to impair or affect the obligation of any title
loan agreement which was lawfully entered into prior to the effective date of the ordinance
from which this article derives (January 14, 2019).
(k) Licensees shall report changes in address, location or records, and any change of an
executive officer within thirty (30) days of the change.
(1) In addition to the above, an applicant must also obtain any required occupational
license.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-65. Violations and penalties.
(a) The following acts are violations of this part and shall constitute grounds for
disciplinary action:
(1) Failure to comply with any provision of this part, rule adopted under this party by
the city, or any written agreement entered into with the city.
(2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction.
(3) Fraudulent misrepresentation, circumvention, or concealment of any matter required
to be stated or furnished to a consumer pursuant to this part.
(4) Willful imposition of illegal charges on any title loan transaction.
(5) False, deceptive or misleading advertising by a licensee.
(6) Failure to maintain, preserve and keep available for examination all books, accounts
and other documents required by this part, state or federal law, or by any agreement
entered into with the city.
(7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the
requirements of this part or state or federal law.
(8) Refusal to permit inspection of books or records in an investigation or examination
by the city or refusal to comply with a subpoena issued by the city.
(9) Criminal conduct in the course of a licensee's business as a title lender.
(10) Knowingly entering into a title loan agreement with a person under the age of
eighteen (18) years.
(11) Making any agreement requiring or allowing for the personal liability of a pledgor or
the waiver of any of the provisions of this part.
Supp. No. 45 1235
§ 21-65 ATLANTIC BEACH CODE
(12) Knowingly entering into a title loan agreement with any person who is under the
influence of drugs or alcohol when such condition is visible or apparent, or with any
person using a name other than his own or the registered name of his business.
(13) Entering into a title loan agreement in which the amount of money advanced in
consideration for the loan secured by any single certificate of title exceeds one-third
(3,13) of the value of the motor vehicle. The city shall determine the method of
assessing the value of the pledged property.
(14) Failure to exercise reasonable care in the safekeeping of the certificate of title or
motor vehicle repossessed pursuant to this part.
(15) Failure to return the certificate of title or motor vehicle taken into possession to a
borrower with any and all of the title lender's liens on the property properly released
within thirty (30) days of the payment of the full amount due, unless the property has
been seized or impounded by an authorized law enforcement agency, taken into
custody by a court, or otherwise disposed of by court order.
(16) Charging or receiving any finance charge, interest, cost or fee which is not permitted
by this part.
(17) Engaging in business as a title lender without first securing the required license.
(18) Refusing to accept partial repayment of the amount financed when all accrued
finance charges have been paid.
(19) Charging a prepayment penalty.
(20) Capitalizing any unpaid finance charge as part of the amount financed in the
renewal of a title loan agreement.
(21) Acting as a title loan lender in the city six (6) months after the effective date of the
ordinance from which this article derives (January 14, 2019) without a current,
active license issued by the city pursuant to this part.
(22) In any practice or transaction or course of business relating to the making of a title
loan, negotiation, promotion, advertisement or hypothecation of a title loan transac-
tion, directly or indirectly:
(i) To knowingly or willingly employ any devise, scheme or article to defraud;
(ii) To engage in any transaction, practice or course of business which operates as
a fraud upon any person in connection with the purchase or sale of any title
loan;
(iii) To obtain property by fraud, willful misrepresentation of a future act or false
promise.
(23) In any manner within the jurisdiction of the city to knowingly and willfully falsify,
conceal or cover up by a trick, scheme or devise a material fact, make any false or
fraudulent statement or representation, or make or use any false writing or
document, knowing the same to contain any false or fraudulent statement or entry.
Supp. No. 45 1236
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TRAFFIC AND MOTOR VEHICLES § 21-75
(24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick,
scheme or device, culpable negligence, or breach of trust in any title loan transaction
in the city; or aiding, assisting or conspiring with any other person engaged in any
such misconduct and in furtherance thereof.
(b) Upon a finding by the city that the licensee or applicant has committed any of the acts
set forth in subsection (a) hereof, the city may enter an order and take one (1) or more of the
following actions:
(1) Deny the application for license pursuant to this article.
(2) Revoke or suspend a license previously granted pursuant to this part.
(3) Place a licensee or applicant for a license on probation for a period of time and subject
to such conditions as the city may specify.
(4) Issue a letter of concern or reprimand.
(5) Place permanent restrictions or conditions upon issuance or maintenance of a license
pursuant to this article.
(6) Impose an administrative fine not to exceed two thousand five hundred dollars
($2,500.00) for each violation of this part.
(7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and
costs, in an action successfully enforcing any fine imposed under this part.
(c) When the city has reasonable cause to believe that a licensee is operating in violation
of this part, it may bring a civil action in any court of competent jurisdiction to enforce or
administer this part, including a temporary or permanent injunction, or appointment of a
receiver.
(d) The city may adopt rules which set forth with specificity acts or practices which
violate this part and which prescribe procedural rules for the administration of this part.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-66. Transition period for regulations, restrictions and licensure provi-
sions.
Each secondhand dealer operating as a title loan lender on the effective date of the
ordinance from which this article derives (January 14, 2019) shall have six (6) months from
the effective date of the ordinance to comply with the regulations, restrictions and licensure
provisions of this part before the city may initiate any administrative or civil action, or refer
a matter for criminal prosecution.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Secs. 21-67-21-75. Reserved.
Supp. No. 45 1237
§ 21-76 ATLANTIC BEACH CODE
ARTICLE V. VEHICLES FOR HIRE
Sec. 21-76. Classification of vehicles for hire.
For the purpose of construing and applying the terms of this chapter all motor "vehicles for
hire" operating within the city shall be classified and defined as follows:
Bus means any bus, omnibus or other motor vehicle designed and constructed to
comfortably transport seven (7) or more persons, which is not used for regularly conducted
amusement rides or sight-seeing tours, and is not operated by another governmental agency.
Cruising car means any vehicle for hire based upon a pre -established schedule of flat
charges rather than by taximeter calculation, with an open touring or sedan body, designed
and constructed to comfortably transport not more than six (6) persons, including the driver.
Limousine means a vehicle for hire only by prearrangement at a rate charged per hour, or
fixed in advance, and is a chauffeured, luxury class passenger motor vehicle that is built or
modified for the purpose as a limousine.
Sightseeing cars means a vehicle for hire designed and constructed to seat seven (7) or
more persons used in regularly conducted sightseeing trips, which originate from and
terminate at a single specified point, the destination or route of which is not under the
direction of the passenger or passengers transported therein; which is not used as a means
of local transportation within the city; and which neither receives nor discharges passengers
along its routes.
Taxicabs means any motor vehicle which is rented from a stand or from a private station
or garage, the destination and route of which is under the direction of the passenger or
passengers transported therein, and fitted with a taximeter or other mechanical device by
which the charge for hire is mechanically calculated by measuring and recording either the
distance traveled with such motor vehicle or the waiting time or both.
Van means any motor vehicle recognized as either a full-size passenger van or a passenger
motor vehicle on a van or truck chassis. The term shall not include a cargo or panel van.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-77. Manner of advertising.
No for -hire driver shall be permitted to advertise such business before the public under
any other name or names than the specified name or names recited in the particular
business tax receipt under which such holder is authorized to engage in the business of the
transportation of person(s) for compensation.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Supp. No. 45 1238
•
•
•
TRAFFIC AND MOTOR VEHICLES § 21-80
Sec. 21-78. Printed matter appearing on a vehicle for hire, except limousines;
certain information required; advertising regulated.
(a) The name of the company or firm operating a vehicle for hire shall be permanently
displayed on both the right and left sides and the rear of the vehicle so that the name shall
be plainly visible, with lettering at least four (4) inches in height, and made to reflect lights
shined on them in the dark.
(b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle
the numbered medallion issued by the City of Jacksonville.
(c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no
portion extends below the bumper or beyond either side, and so as not to interfere in any
manner with full vision through the rear window of the vehicle.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-79. Inspection of vehicles for hire.
It shall be the duty of every for -hire driver to subject the vehicle for hire to a complete and
thorough inspection as required by the City of Jacksonville. Written certification of such
inspection shall be maintained in the vehicle while operating in the city.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-80. Equipment and safety requirements for vehicles for hire.
(a) All motor vehicles in service as vehicles for hire shall have the following equipment,
which equipment shall be maintained in good working condition:
(1) Front and rear lights meeting state standards and a dashboard light that will
indicate when any of the motor vehicle's doors are not securely closed;
(2) Adequate brakes on all wheels;
(3) Tires of the quality of original equipment as specified by the manufacturer, or better;
(4) Speedometer in good working order;
(5) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily
cleaned and shall be free of tears and cuts;
(6) Seatbelts for the driver and all passengers;
(7) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2.5)
lbs.);
(8) Adequate heater and air conditioner;
(9) All seats in a shuttle vehicle shall be factory installed only;
Supp. No. 45 1239
§ 21-80 ATLANTIC BEACH CODE
(10) Except for limousines, there shall be no shades, blinds or curtains between the rear
seat or seats and the driver's seat, nor shall any shades, blinds or curtains shield the
occupants or the for -hire driver from observation or obstruct the view through the
rear window.
(b) All vehicles for hire shall be maintained in a clean, well -painted manner so as to
provide a generally good appearance. It shall be unlawful to operate any motor vehicle as a
vehicle for hire which does not comply with the provisions of this article.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-81. Meters required for taxicabs.
(a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating
condition, a taximeter.
(b) The face of every taximeter shall be visible from the passenger compartment of every
taxicab at all times and, after sundown, shall be illuminated by a suitable light so arranged
as to throw a continuous steady light thereon.
(c) No taxicab shall be permitted to operate as both a metered and non -metered (zone
rate) vehicle for hire. Each vehicle for hire shall be identified in a manner to designate its
status as a metered or non -metered vehicle for hire.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-82. For -hire drivers.
Unless otherwise enumerated in this article, all for -hire drivers, while operating in the
city, will adhere to the requirements of chapter 220, part 3 for -hire drivers of the City of
Jacksonville's Code of Ordinances.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-83. Engaging in criminal activity.
Engaging in criminal activity while operating a vehicle for hire within the city may result,
in addition to any charges under Florida State Statute, in civil fines as contained within
section 21-85 below. These activities include, but are not limited to the following:
(a) Transporting passengers for the purpose of engaging in narcotic or prostitution
activity;
(b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-84. Rates and charges.
(a) Schedule of rates to be posted. There shall be posted in every vehicle for hire for which
a local business tax receipt is issued under this article, and in full view of the passengers in
plain conspicuous letters, a schedule of rates, charges and fares which shall be binding upon
the operator of the vehicle for hire and any collection of rates, fares or charges, in excess
thereof shall constitute a misdemeanor.
Supp. No. 45 1240
•
•
•
•
•
TRAFFIC AND MOTOR VEHICLES § 21-85
(b) Charging rates in excess of posted rates. No for -hire driver shall charge or demand
from any customer any sum of money in excess of those rates or charges posted in such
vehicle for hire.
(c) When rates not to be charged. No charge shall be made for time lost or distance
traveled while a vehicle for hire is disabled. No charge shall be made for traveling empty
while en route to pick up a passenger unless the person requesting the vehicle for hire
refuses to hire it after it arrives, in which case a charge equal to the minimum rate under the
schedule filed by the owner pursuant to this subpart for the distance traveled empty may be
collected.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-85. Citations authorized; penalties provided.
Violations of this article shall be punishable by fines as follows:
(a) First offense: (The current offense is the first offense if there have been no other
citations within the preceding twelve (12) months.) One hundred dollars ($100.00);
however, if not paid within fourteen (14) calendar days of issuance, the fine increases
to one hundred fifty dollars ($150.00); if not paid within twenty-eight (28) calendar
days of issuance, then the right to operate within the city shall be suspended until
the fine is paid or for thirty (30) days, whichever is later.
(b) Second offense: (The current offense is a second offense if there has been only one (1)
previous citation within the preceding twelve (12) months.) Two hundred and fifty
dollars ($250.00); however, if not paid within fourteen (14) calendar days of issuance,
the fine increases to three hundred dollars ($300.00); if not paid within twenty-eight
(28) calendar days of issuance, then the right to operate within the city shall be
suspended until the fine is paid or for thirty (30) days, whichever is later.
(c) Third and subsequent offenses: (The current offense is a third or subsequent offense
if there have been two (2) or more previous citations within the preceding twelve (12)
months.) Five hundred dollars ($500.00). If not paid within fourteen (14) calendar
days of issuance, then the right to operate within the city shall be suspended until
the fine is paid or thirty (30) days, whichever is later.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-86. Reserved.
Sum). No. 45 1241
§ 21-87 ATLANTIC BEACH CODE
ARTICLE VI. UNREGISTERED AND INOPERABLE VEHICLES
Sec. 21-87. Intent.
It is the intent of this article to regulate unregistered or inoperable vehicles on private
property, which are hereby declared to be a public nuisance detrimental to the health, safety
and welfare of the inhabitants of the city, unless the provisions of section 21-88(a) or (b)
apply.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-88. Limitations on unregistered and inoperable vehicles.
No unregistered or inoperable motor vehicle shall be parked, stored or otherwise kept on
any private property for a period longer than seventy-two (72) continuous hours as observed
and documented on at least two (2) separate days by an enforcement officer, except when one
(1) or more of the following conditions apply:
(a) The vehicle is within a fully enclosed building; or
(b) The vehicle is on the premises of a business where the location and use of the land
has been approved by the city as appropriate and safe for such vehicles.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Sec. 21-89. Enforcement.
Whenever a violation of this article has been determined to exist, the following
enforcement procedures shall apply:
(a) A notice shall be posted upon the motor vehicle in violation. The notice shall not be
less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed
to withstand normal exposure to the elements for ten (10) calendar days. The notice
shall contain the following:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED MOTOR VEHICLE
This motor vehicle, to wit: (setting forth brief description of the motor vehicle)
located at (setting forth brief description of location) is in violation of (set forth
ordinance or regulation violated) and must be removed from this location or
brought into compliance within ten (10) days from the date of this notice. You
have the right to file a written request with the Atlantic Beach City Clerk, 800
Seminole Road, Atlantic Beach, FL 32233, within ten (10) days from the date of
this notice, for a hearing before the Atlantic Beach Code Enforcement Board,
during which you may present evidence to show that the subject motor vehicle
is not in violation of (set forth ordinance or regulation violated). If you neither
timely file a written request for a hearing nor remedy the identified violation(s)
within ten (10) calendar days from the date of this notice, the motor vehicle
shall be removed by the City. The owner of the motor vehicle shall be liable for
the costs of removal and storage.
Supp. No. 45 1242
•
•
•
•
•
TRAFFIC AND MOTOR VEHICLES § 21-89
Dated this: (set forth date of posting of notice)
Signed: (set forth name, title, address and telephone number of enforcement
officer)
(b) Within three (3) business days of the date the notice is posted on the subject motor
vehicle, a certified letter providing notice of the violation, potential corrective
actions, the right to a hearing before the code enforcement board or special
magistrate, as applicable, and the procedure for requesting such a hearing, shall be
sent to the real property owner of the property where the vehicle is located, whose
name and address is determined by reference to the latest ad valorem tax records
published by the county property appraiser.
(c) A certified letter providing notice of the violation, potential corrective actions, the
right to a hearing before the code enforcement board or special magistrate, as
applicable, and the procedure for requesting such a hearing, shall be sent to the
owner of the subject motor vehicle, if known, within three (3) business days of the
date the notice is posted.
(d) If, after ten (10) calendar days from the date the notice is posted on the subject motor
vehicle, the violation(s) has not been corrected and a request for hearing before the
code enforcement board or special magistrate, as applicable, has not been timely filed
in writing with the city clerk, the code enforcement officer shall have the motor
vehicle removed from the property as set forth in article III of this chapter and shall
notify the police department immediately in a manner as prescribed by the director
of public safety.
(e) The timely filing of a written request for a hearing before the code enforcement board
or special magistrate, as applicable shall operate to stay removal of the subject motor
vehicle until such time as a hearing before the code enforcement board or special
magistrate, as applicable is held.
(Ord. No. 75-18-20, § 2(Exh. A), 1-14-19)
Supp. No. 45 1243
[The next page is 1275]
•
Residential
Single-family
residential and
single-family
individually -
metered mobile
homes
Multifamily
residential
Master -metered
mobile homes
ITravel trailers
I Hotel/motel
Hotel/motel with
kitchen
Commercial
Master -metered
commercial
Restaurants,
laundries, and car
wash connections
All other commercial
customers
Irrigation
All residential
All commercial
UTILITIES § 22-27
Effective
December 1, 2018
Effective
October 1, 2019
Effective
October 1, 2020
$9.37 per account $9.80 per account $10.24 per account
7.03 per unit
7.03 per site
7.03 per site
7.03 per room
7.03 per room
9.37 per unit
Based on meter size
phase in table below
Based on meter size
phase in table below
9.37 per account
Based on meter size
7.35 per unit
7.35 per site
7.35 per site
7.35 per room
7.35 per room
9.80 per unit
Based on meter size
phase in table below
Based on meter size
phase in table below
9.80 per account
Based on meter size
phase in table below phase in table below
7.68 per unit
7.68 per site
7.68 per site
7.68 per room
7.68 per room
10.24 per unit
Based on meter size
phase in table below
Based on meter size
phase in table below
10.24 per account
Based on meter size
phase in table below
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
15/s or 3/4
I 1
112
2
3
4
6
8
Effective
December 1, 2018
$9.37
11.72
23.44
37.46
74.96
117.12
234.26
374.81
Supp. No. 45 1281
Effective
October 1, 2019
$9.80
12.25
24.49
39.15
78.33
122.39
244.80
391.68
Effective
October 1, 2020
$10.24
12.80
25.60
40.91
81.86
127.90
255.82
409.30
§ 22-27 ATLANTIC BEACH CODE
(2) Schedule of water volume charges for customers inside the city.
(a) Single units: There are hereby established inclining block volume charges for
single-family residential and single-family individually -metered mobile homes,
per account, as follows:
Block
1
2
3
4
5
Upper Limit
(Gallons per
month)
3,000
8,000
13,000
18,000
Over 18,000
Rate per 1,000
gallons
Effective
December 1, 2018
$1.07
2.55
3.01
4.50
6.79
Rate per 1,000
gallons
Effective
October 1, 2019
$1.11
2.66
3.15
4.71
7.10
Rate per 1,000
gallons
Effective
October 1, 2020
$1.16
2.78
3.29
4.92
7.42
(b) Multiple units and commercial accounts: There is hereby established an
inclining block volume charge for all multiunit residential and multiunit
commercial accounts as follows:
Upper Limit
(Gallons per
Block month)
1 2,000
2 Over 2,000
Rate per 1,000
gallons
Effective
December 1, 2018
$1.07
2.55
Rate per 1,000
gallons
Effective
October 1, 2019
$1.11
2.66
Rate per 1,000
gallons
Effective
October 1, 2020
$1.16
2.78
(c) Single unit irrigation: There is hereby established an inclining block irrigation
volume charge for all single-family residential and single-family individually -
metered mobile homes, per account, as follows:
Block
1
2
3
(d) Multiple
Upper Limit
(Gallons per
month)
13,000
18,000
Over 18,000
Rate per 1,000 Rate per 1,000 Rate per 1,000
gallons gallons gallons
Effective Effective Effective
December 1, 2018 October 1, 2019 October 1, 2020
$3.01 $3.15 $3.29
4.50 4.71 4.92
6.79 7.10 7.42
unit and commercial irrigation: There is hereby established an
inclining block volume charge for all multiunit residential irrigation accounts
and all commercial irrigation accounts as follows:
Block
1
Upper Limit
(Gallons per
month)
3,000
Rate per 1,000
gallons
Effective
December 1, 2018
$1.07
Supp. No. 45 1282
Rate per 1,000
gallons
Effective
October 1, 2019
$1.11
Rate per 1,000
gallons
Effective
October 1, 2020
$1.16
•
•
•
•
Upper Limit
(Gallons per
Block month)
2 Over 3,000
UTILITIES § 22-27
Rate per 1,000
gallons
Effective
December 1, 2018
2.55
Rate per 1,000
gallons
Effective
October 1, 2019
2.66
Rate per 1,000
gallons
Effective
October 1, 2020
2.78
(3) Commercial outside the city: The rates applicable to customers outside of the city
shall be one and one-quarter (1.25) times the rates above for both monthly water base
facility charges and water volume charges.
(Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No.
80-91-45, § 1, 12-16-91; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-00-62, § 2, 9-25-00;
Ord. No. 80-03-67, § 1, 9-22-03; Ord. No. 80-04-69, § 1, 7-26-04; Ord. No. 80-05-72, § 1,
9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78,
§ 1, 10-27-08; Ord. No. 80-10-80, § 1, 9-27-10; Ord. No. 80-18-88, § 1, 11-26-18)
Supp. No. 45 1282.1
•
•
•
UTILITIES § 22-74
Sec. 22-73. Constructing privies, septic tanks, cesspools.
Except as provided in this article, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool, or other facility intended or used for the disposal of
wastewater.
(Ord. No. 80-83-23, § I(Art. II, § 3), 6-27-83)
Sec. 22-74. Installation of toilet facilities required; connection of facilities to
public sewer.
(a) The owners of all houses, buildings or properties used for human occupancy,
employment, recreation, or other purposes, and situated within the city are hereby required
at the owner's expense to install suitable toilet facilities therein.
(b) The owners of all properties described in (a) above shall connect their toilet facilities
to public sewer, provided the public sewer is within one hundred (100) feet or thirty and
five -tenths (30.5) meters of the property line, as follows:
(1) If new construction, then immediately.
(2) If currently under an assessment for installation of public sewer lines (whether
already paid off or still paying), connection shall be made within one (1) year after
expiration of the assessment. (Assessments in Ocean Grove expire December, 2006,
on Beach Avenue in May, 2010, and in Marsh Oaks (f/k/a Section H) in November,
2011.)
(3) If not currently under an assessment for installation of public sewer lines, connection
shall be made within five (5) years of the effective date of this section.
(4) If failure of an OSDS occurs, then immediately. Failure of an OSDS is defined in
section 22-90-(b), copy attached.
(c) The owners of all properties described in (a) above where public sewer is not currently
available, but becomes available in the future, shall connect their toilet facilities to public
sewer as follows:
(1) Within ninety (90) days after date of official notice from the city to do so. Official
notice shall be complete upon mailing said notice to the property owner at the
property address and at his or her last known address, if any.
(2) If failure of an OSDS occurs, and public sewer is available, then immediately. Failure
of an OSDS is defined in section 22-90(b), copy attached.
(d) Failure of any property owner to connect to public sewer as required shall be unlawful
and subject to all penalties, including, but not limited to, the following:
(1) General penalty as provided in section 1-11, copy attached;
(2) Prosecution pursuant to chapter 2, article V, division 2 of the Code of Ordinances;
Supp. No. 45 1287
§ 22-74 ATLANTIC BEACH CODE
(3) Billing for appropriate services retroactive to the date connection should have been
made. The amount of any such billing shall be in accordance with city practice, in at
least the amount of minimum billing for the appropriate services.
(e) The city may, from time to time, offer financial assistance and incentives to property
owners to encourage a more rapid conversion from an OSDS to public sewer. Any financial
assistance and incentives shall be as set forth in a resolution duly adopted by the city
commission.
(Ord. No. 80-83-23, § I(Art. II, § 4), 6-27-83; Ord. No. 80-94-53, § 1, 11-28-94; Ord. No.
80-00-61, § 1, 5-22-00; Ord. No. 5-19-68, § 3, 2-11-19)
Secs. 22-75.-22-85. Reserved.
DIVISION 3. PRIVATE WASTEWATER DISPOSAL
Sec., 22-86. Construction of division.
No statement contained in this division shall be construed to interfere with any additional
requirements that may be imposed by the public health and environmental authorities.
(Ord. No. 80-83-23, § I(Art. III, § 7), 6-27-83)
Sec. 22-87. Where required.
Where a public sanitary sewer is not available under the provisions of section 22-74, the
building sewer shall be connected to a private wastewater disposal system complying with
the provisions of this article.
(Ord. No. 80-83-23, § I(Art. III, § 1), 6-27-83)
Sec. 22-88. Permits.
(a) Obtaining permit. Before commencement of construction of a private wastewater
disposal system, the owner shall first obtain a written permit signed by the City of
Jacksonville Health, Welfare, and Bioenvironmental Services Division.
(b) Application. The application for permit shall be made on a form furnished by the
division, which the applicant shall supplement by any plans, specifications, and other
information as are deemed necessary by the division.
(c) Effective date. A permit for private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction of the division and the city
manager.
(d) Inspections. The division and the city manager shall be allowed to inspect the work at
any stage of construction. The applicant for the permit shall notify the division when the
work is ready for final inspection, and before any underground portions are covered.
(Ord. No. 80-83-23, § I(Art. III, §§ 2, 3), 6-27-83)
Supp. No. 45 1288
•
•
•
•
•
•
UTILITIES § 22-100
Sec. 22-89. Compliance regarding type, capacities, location and layout.
The type, capacities, location, and layout of a private wastewater disposal system shall
comply with all recommendations of the City of Jacksonville Health, Welfare, and Bioenvi-
ronmental Services Division.
(Ord. No. 80-83-23, § I(Art. III, § 4), 6-27-83)
Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling.
(a) At such time as a public sewer becomes available to a property served by a private
wastewater disposal system (onsite sewage disposal system [or OSDS]), as provided in
section 22-89, or when a failure of such OSDS occurs, the property owner shall be notified by
the city that a direct connection shall be made to the public sewer within ninety (90) days in
compliance with this article. Such failed septic tanks, cesspools, and similar private
wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
The requirement to hook up to the city's sewer system will not be required of property
owners who began paying an assessment for sewer lines before February 1, 1995, unless
their OSDS fails. Property already served by the city sewer system shall remain on the city
sewer system.
(b) "Failure" is defined as a condition existing within an OSDS which prohibits the system
from functioning in a sanitary manner. Failure may result in the discharge of untreated or
partially treated wastewater onto ground surface, into surface water, or into groundwater.
Failure may cause building plumbing to discharge improperly.
(Ord. No. 80-83-23, § I(Art. III, § 5), 6-27-83; Ord. No. 80-94-53, § 2, 11-28-94)
Sec. 22-91. Maintenance.
The owner shall operate and maintain the private wastewater disposal facilities in a
sanitary manner at all times, at no expense to the city. Any and all maintenance or repair to
a private OSDS [onsite sewage disposal system] must be permitted and inspected by the city
building department.
(Ord. No. 80-83-23, § I(Art. III, § 6), 6-27-83; Ord. No. 80-94-53, § 3, 11-28-94)
Sec. 22-92. Written report required for failed private system.
At such time as a private OSDS [onsite sewage disposal system] fails, as defined in section
22-90 of this article, a written report shall be made by the owner of such OSDS to the city
within seven (7) days of such failure.
(Ord. No. 80-94-53, § 4, 11-28-94)
Secs. 22-93-22-100. Reserved.
Supp. No. 45 1288.1
§ 22-101 ATLANTIC BEACH CODE
DIVISION 4. BUILDING SEWERS AND CONNECTIONS
Sec. 22-101. Costs and expenses; indemnification of city against loss, etc.
All costs and expenses incidental to the installation and connection of the building sewer
shall be borne by the owner. The owner shall indemnify the city from any loss or damage that
may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. No. 80-83-23, § I(Art. IV, § 3), 6-27-83)
Sec. 22-102. Permits—Required.
No unauthorized person shall uncover, make any connections with or opening into, use,
alter, or disturb any public sewer or appurtenance thereof without first obtaining a written
permit from the city manager.
(Ord. No. 80-83-23, § I(Art. IV, § 1), 6-27-83)
Sec. 22-103. Same—Classification; application.
There shall be two (2) classes of building sewer permits:
(1) For residential and commercial service; and
Supp. No. 45 1288.2
•
•
•
•
UTILITIES § 22-166
testing pertinent to discharge to the community system in accordance with the provisions of
this article. The city shall have the right to suspend service if permission is denied.
(Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83)
Sec. 22-152. Information concerning industrial processes.
The city manager or other duly authorized employees are authorized to obtain information
concerning industrial processes which have a direct bearing on the kind and source of
discharge to the wastewater collection system. The industry must establish that the
revelation to the public of the information in question might result in an advantage to its
competitors.
(Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83)
Sec. 22-153. Observing safety rules; indemnification and liability.
While performing the necessary work on private properties referred to in section 22-151,
the manager or duly authorized employees of the city shall observe all safety rules applicable
to the premises established by the company, and the company shall be held harmless for
injury or death to the city employees, and the city shall indemnify the company against loss
or damage to its property by city employees and against liability claims and demands for
personal injury or property damage asserted against the company and growing out of the
gauging and sampling operation, except as such may be caused by negligence or failure of the
company to maintain safe conditions as required in section 22-134.
(Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83)
Sec. 22-154. Easements.
The city manager and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties through
which the city holds a duly negotiated easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance of any portion of
the wastewater facilities lying within the easement. All entry and subsequent work, if any,
on the easement, shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
(Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83)
Secs. 22-155-22-165. Reserved.
DIVISION 7. SEWER USER RATES AND CHARGES
Sec. 22-166. Monthly wastewater base facility charges.
Wastewater base facility charges will be levied monthly as follows:
(a) Monthly wastewater base facility charge for customers inside the city. A monthly base
charge will be levied upon each connection in accordance with the following:
An equivalent residential unit (ERU) is defined as a wastewater connection that
delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater
flow to the waste stream, or equivalent to a residence serviced by a three -fourths -
inch water meter.
Supp. No. 45 1295
§ 22-166 ATLANTIC BEACH CODE
Residential
Single-family
residential and
single-family
individually -
metered mobile
homes, per account
Multifamily
residential, per unit
Master -metered
mobile homes, per
site
Travel trailers, per
site
Hotel/motel, per
MOM
Hotel/motel with
kitchen, per room
Commercial
Master -metered
commercial, per unit
Restaurants,
laundries, and car
wash connections
All other commercial
Effective
December 1, 2018
$21.38
16.04
16.04
Effective
October 1, 2019
Effective
October 1, 2020
$22.34 $23.35
16.76 17.52
16.76 17.52
12.85 13.43 14.04
10.72 11.20 11.71
12.85 13.43 14.04
21.38
22.34 23.35
21.38 x ERU 22.34 x ERU 23.35 x ERU
factor factor factor
21.38 x ERU
customers factor
22.34 x ERU 23.35 x ERU
factor factor
The ERU factor for the commercial classification is based upon meter size as follows:
I
I
I
I
I
1
Meter Size in inches
518
X 3/4
1
11/2
2
3
4
6
8
ERU factor
1.00
1.28
2.08
2.88
5.60
10.00
20.00
30.00
(b) 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. 80-83-23, § I(Art. VIII, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85; Ord. No.
80-86-30, § 1, 3-24-86; Ord. No. 80-86-31, § 1, 6-23-86; Ord. No. 80-87-34, § 1, 6-22-87; Ord.
Supp. No. 45 1296
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UTILITIES § 22-168
No. 80-91-45, § 2, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord, No. 80-95-55, § 3, 2-27-95;
Ord. No. 80-00-62, § 4, 9-25-00; Ord. No. 80-03-67, § 2, 9-22-03; Ord. No. 80-04-69, § 2,
7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74,
§ 1, 9-24-07; Ord. No. 80-10-80, § 1, 9-27-10; Ord. No. 80-18-88, § 1, 11-26-18)
Sec. 22-167. Schedule of wastewater volume charges.
(a) Customers inside the city. There are hereby established block volume charges for
customers inside the city as follows:
(1) Single-family residential and single-family individually -metered mobile homes, per
account, as follows:
Block
1
2
3
Upper Limit
(Gallons per
month)
3,000
13,000
Over 13,000
Rate per 1,000
gallons
Effective
December 1, 2018
1.69
5.93
Rate per 1,000
gallons
Effective
October 1, 2019
1.77
6.19
(2) Multiunit residential and all commercial units as follows:
Upper Limit
(Gallons per
Block month)
1 3,000
2 Over 3,000
Rate per 1,000
gallons
Effective
December 1, 2018
1.69
5.93
Rate per 1,000
gallons
Effective
October 1, 2019
1.77
6.19
Rate per 1,000
gallons
Effective
October 1, 2020
1.85
6.47
Rate per 1,000
gallons
Effective
October 1, 2020
1.85
6.47
(b) 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. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No.
80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord.
No. 80-88-40, § 1, 6-13-88; Ord. No. 80-91-45, § 3, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92;
Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-00-62, § 5, 9-25-00; Ord, No. 80-03-67, § 3,
9-22-03; Ord. No. 80-04-69, § 2, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73,
§ 1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78, § 1, 10-27-08; Ord. No.
80-10-80, § 1, 9-27-10; Ord. No. 80-18-88, § 1, 11-26-18)
Sec. 22-168. Review and changes of rates.
The uniform rates and charges established by this division may be reviewed annually, or
as directed by the city commission, and any change of rates and charges shall be established
by ordinance of the city commission after due public notification. Any rates and charges
established as provided in this division shall be binding with the same force and effect as if
incorporated in this section.
(Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Supp. No. 45 1297
§ 22-169 ATLANTIC BEACH CODE
Sec. 22-169. Connection fees.
Charges for providing and approving connections to the sewer system with installation
performed by the city are as follows and shall be in addition to impact fees.
All units: Cost for labor and materials as provided in section 2-368 of the City Code.
(Ord. No. 80-83-23 § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-170. System development charge.
For each new connection to the city's system of sewerage, the following system
development charge shall be applicable:
Size of Water Connection
(meter size, in inches) Charge
3/4" $4,050.00
1" 6,764.00
11/2" 13,487.00
2" 21,587.00
3" 40,500.00
4" 67,514.00
6" 134,987.00
8" 215,987.00
The sewer system development charges are based upon the size of the water meter serving
the requested connection. In the event the city does not provide water service to the property
requesting sewer service, the city shall determine the appropriate charge based upon the
existing water service from another purveyor, the proposed water service size from another
purveyor or other such comparable determination method.
Disposition, use of revenues. All revenues collected by the city for sewer system
development charges shall be deposited and held in a special fund to be known as and hereby
designated the "sewer capital improvement fund." The monies deposited and held in said
fund and all interest accrued thereto shall be used only for improvements, upgrades or
expansion of the sewer system of the city.
(Ord. No. 80-83-23, § 1(Art. VIII, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89; Ord. No.
80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(a), 8-25-08)
Sec. 22-171. Payment of connection fees and system development charges.
Payment of connection fees and system development charges shall be due and payable on
the date of 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
Supp. No. 45 1298
•
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UTILITIES § 22-174
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.
Owner 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.)
For new and existing buildings or structures, the city manager may allow payment of fees
on an extended payment plan for up to fifteen (15) years if the owner has demonstrated to
the satisfaction of the city manager that the lump sum payment will constitute a hardship to
the applicant. A lien for the amount due shall be executed in recordable form reflecting the
payment schedule. Upon all payments being made in full, a release of lien shall be recorded.
(Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83; Ord. No. 80-92-46, § 1, 6-22-92; Ord. No.
80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(b), 8-25-08)
Sec. 22-172. Disposition of system development charges.
All revenues collected by the city through sewer system development charges shall be held
in a special account to be known as the "wastewater system capital improvement account."
The money deposited and held in said account and all interests accrued thereto shall be used
only for the improvement, expansion, and/or replacement of the wastewater collection,
treatment, and disposal system of the city.
(Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No.
80-08-76, § 3(c), 8-25-08)
Sec. 22-173. Billing.
The sewer charges prescribed by this division shall be on the same bill for the city water
charges and garbage collection charges, but each charge shall be shown as a separate item on
the bill. No user so charged for water, sewer, and garbage services may pay either of the
charges without simultaneously paying the charges for the other. Bills for sewer charges
where water and/or garbage service is furnished other than through the city shall be
computed as provided in section 22-167 and rendered at the same time as city water bills.
(Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-174. Delinquent bills.
If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and
after 5:00 p.m. on the fifteenth day from the billing date, dated on the bill, a penalty of ten
(10) percent of the amount due shall be imposed and added to the bill. If the bill remains
unpaid for a period of fifteen (15) additional days, then all services shall be discontinued and
shall not be reconnected until all past due charges have been fully paid together with a
Supp. No. 45 1298.1
§ 22-174 ATLANTIC BEACH CODE
reconnect charge. If, after discontinuation of services, the bill remains unpaid, the city may
acquire a lien on the property being serviced which may be foreclosed within thirty (30) days
by the city unless the bill and the penalties thereon are paid and the lien satisfied.
(Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76; Ord. No.
80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-96-57, § 2, 2-12-96; Ord.
No. 80-03-67, § 4, 9-22-03)
Sec. 22-175. Sewer charges applicable if sewer available.
The rates and charges established by this division shall apply to all users whether owner,
tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city
sewer is available for use, whether or not the connection has been made to the sewer. These
charges shall not apply to any nonconnected user, until ninety (90) days after the sewer
becomes available. Where notice of availability of sewer has heretofore been given to owner,
tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days
from the date of the notice, and the city may commence billing procedures upon the
expiration date of the notice.
(Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83)
Secs. 22-176-22-180. Reserved.
Editor's note—Ord. No. 80-04-69, § 2, adopted July 26, 2004, repealed §§ 22-176-22-
180, which pertained to the city sewage system and derived from Ord. No. 80-85-28, adopted
Nov. 11, 1985.
Secs. 22-181-22-190. Reserved.
Supp. No. 45 1298.2
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PROTECTION OF TREES AND NATIVE VEGETATION § 23-49
Sec. 23-48. Stop work order.
(a) Authority to stop work. The city manager or designee of the city manager shall have
the authority to immediately issue a stop work order in any of the following circumstances:
(1) Whenever land is being cleared without an approved permit or in a manner
inconsistent with the approved permit;
(2) Upon the failure of the permittee, or failure of the property owner if no permit exists,
to take immediate corrective action when there is an apparent danger to life or
property;
(3) Whenever ongoing noncompliant work is not immediately and permanently stopped
upon receipt of a written or oral notice of violation;
(4) Whenever protection measures have not been implemented or maintained and
danger to regulated trees or regulated vegetation exists or appears imminent;
(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of
this section is not completed in the time period specified; or
(6) Upon failure to post or have the approved permit and plans available onsite.
(b) Content and scope of stop work order. The stop work order shall specify the
circumstances that have resulted m issuance of the order. It shall also direct that all work be
stopped other than such remedial work as is deemed necessary to bring the violation into
compliance, or it may specify the cessation of specific work by functional nature, such as land
clearing, regulated tree or regulated vegetation removal, grading, roadway construction,
building erection or utility construction. The order may apply to the entire project or to
geographical portions of the project that may be individually specified.
(c) Failure to comply after notice of violation and stop work order. If the person(s) in
violation fails to complete the required remedial action within the prescribed time, or
continues any development activity in violation of a stop work order, the administrator may
initiate code enforcement action pursuant to chapter 2, article V, division 2 of the Code of
Ordinances, or other remedies as authorized by law.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19)
Sec. 23-49. Requirement for emergency or immediate corrective action.
Where it is determined by the city that failure to maintain stormwater management
facilities, erosion, sediment or tree/vegetation protection controls, or failure to conform to the
provisions of this chapter or permit conditions, is resulting in danger or damage to life or
property, the city may require immediate corrective action. Protection controls which are
breached due to development activity, wind, rain or other factors shall be repaired within
twenty-four (24) hours of breach. Failure to take such immediate corrective action when
notified shall constitute a violation of this chapter. If immediate corrective measures are not
taken by the permittee or property owner and the conditions of the site are such that there
is danger or hardship to the public, the city may enter upon lands, take corrective actions,
Supp. No. 45 1379
§ 23-49 ATLANTIC BEACH CODE
and place a lien on the real property of such person(s) to recover the cost of the corrective
measures. In addition, the administrator may revoke any permit issued pursuant to this
chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-50. Code enforcement action.
Failure to complete remedial actions required to bring the violation into compliance with
this chapter shall result in code enforcement action pursuant to chapter 2, article V, division
2 of the Municipal Code of Ordinances as well as other remedies available under applicable
law.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-51. Penalties.
(a) General provisions. Any person(s) violating a provision of this chapter shall be
punishable according to the law or in accordance with the findings of the duly appointed
special magistrate.
(1) Violations of this chapter are considered irreparable and irreversible in nature.
(2) Each day any violation continues shall constitute a separate offense.
(3) Each regulated tree removed from a site in violation of these regulations shall
constitute a separate offense.
(4) Each acre or fraction thereof, of land cleared in violation of these regulations shall
constitute a separate offense.
(5) Person(s) charged with violations of this chapter may include:
a. The owner, agent, lessor, lessee, contractor or any other person(s) using the
land, building or premises where such violation exists.
b. Any person(s) who maintains any land, building or premises upon which a
violation exists.
c. Any person(s) who knowingly commits, takes part, or assists in such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a
required tree or vegetation removal permit has been issued, or while any violation of this
chapter exists on the subject site.
(c) Injunction. Any affected person(s) may seek an injunction against any violation of the
provisions of this chapter and recover from the violator such damages as he or she may suffer
including, but not limited to, damage to property as a result of development or failure to
maintain, in violation of the terms of this chapter.
(d). Sanctions for failure to obtain a permit.
(1) Regulated trees or regulated vegetation removed in violation of this chapter shall
require an after -the -fact permit, the fee for which shall be two (2) times the normal
Supp. No. 45 1380
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PROTECTION OF TREES AND NATIVE VEGETATION § 23-52
established application fee specified in section 23-26. In addition, as a condition of
the permit, the applicant shall immediately complete all remedial work as necessary
to stabilize the site and mitigate all damage to the site and adjacent properties.
(2) Regulated trees removed in violation of this chapter shall be assessed at two (2)
times the normal established rate of mitigation specified in section 23-33.
(3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator
is unable to determine with reasonable certainty the number and size of regulated
trees and/or regulated vegetation removed in violation of this chapter, analysis of
aerial photography or other such accepted scientific methodology shall be used to
make a determination as to the loss of canopy and/or land cover for the purpose of
assessing mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or
land cover lost shall be assessed by the administrator, and shall be payable to the
tree fund within seven (7) days of such assessment. No further work or development
shall proceed until the city is in receipt of any such assessed fine.
(4) Any person(s) exhibiting a documented history of chronic or repeated violations of
this chapter shall, upon third offense, be reported to the Florida Department of
Business and Professional Regulation, as well as any other authority governing
licensing, registration or certification of individuals or businesses.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19)
Sec. 23-52. Environmental stewardship committee—Intent.
The maritime forest in Atlantic Beach is core to the city's identity as a small coastal
village. The tree canopy creates beauty, provides a home for wildlife, functions as an element
of the water management system and enhances property values. It is in the best interest for
this committee to be the stewards of the tree canopy through advocacy, assessment,
maintenance, planting and preservation of this natural resource. The city parks provide
open spaces for recreation, exercise, wildlife habitat, relaxation and encounters with the
natural world. This committee intends to support the community to provide a variety of park
spaces that are well maintained, accessible and secure. This committee shall take the lead
and set high community standards in the beautification and maintenance of public spaces
located within the city. The Atlantic Ocean, the St. Johns River and the Intracoastal
Waterway have a great deal of influence on the micro climate, drainage issues and the
diverse vegetation and wildlife that thrive within the city. The care and health of the coast
and marsh must be paramount in every recommendation made by this committee about the
use of our land, water system and tree canopy.
(a) Environmental stewardship committee purposes. It shall be the purpose of the
environmental stewardship committee:
(1) To study and make recommendations to the city commission and city staff with
respect to the city's:
a. Maritime forest;
Supp. No. 45 1381
§ 23-52 ATLANTIC BEACH CODE
b. Parks and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
(2) To act as a motivating and coordinating body to encourage joint public and
private participation in promoting these purposes.
(b) Environmental stewardship committee—Scope of activities. The environmental steward-
ship committee shall provide guidance and support to the city commission and city
manager and, upon request by the city commission or city manager, shall provide
written recommendations, in the following areas:
(1) Maritime forest:
a. Clarifying and strengthening the city's processes and all tree and landscape
related city codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the city's
ordinances;
c. Promoting transparency through online access to relevant information;
d. Developing and maintaining environmental education and outreach
programs about the maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private property to
owners, developers, builders, and tree/landscape service contractors;
f. Developing and maintaining a long-term tree plan that includes an
assessment of the tree canopy, projecting future needs, and developing a
calendar and budget for tree planting in parks, public spaces and along
streets and right-of-ways;
g. Promoting tree canopy advocacy including upholding the city's status as a
bona fide "Tree City USA";
h. Developing a process for systematic, review of the city's enforcement of the
existing tree codes, including the long-term health of trees planted for
mitigation; and
i. Developing and maintaining a process for citizens to communicate possible
violations to the city.
(2) Parks and open spaces:
a. Developing and maintaining a long-range plan to protect, improve and
beautify park spaces;
b. Improving access to and amenities for parks including disability accom-
modations, bike paths, parking, signage and other user friendly features;
c. Expanding the city's inventory of parks and conservation land through
acquisition or other means; and
Supp. No. 45 1382
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PROTECTION OF TREES AND NATrVE VEGETATION § 23-52
d. Maintaining a web -based, publicly accessible inventory of parks including
their history, archeological value, rules of use, deed restrictions and
conservation easements.
(3) Beautification of public and private spaces:
a. Enhancing public spaces, including public rights-of-way, roadsides, city
buildings, beach accesses and other publicly held properties with art,
carefully maintained landscape design and plantings;
b. Incentivizing and advocating for beautification of private and commercial
spaces;
c. Reducing the number and appearance of degraded or blighted properties;
and
d. Developing a design theme/community branding for signage, bus shelters,
lighting and other elements of the built environment.
(4) Environmental stewardship:
a. Utilizing best practices, including a science based approach, when making
any decision about development and its impact on our environment;
b. Protecting the beach, dunes, marshlands and wetlands as critical defenses
in hurricane, erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain with the
goal of preserving the city's flood management system;
d. Reviewing the city's environmental codes and ensuring enforcement of
rules including, but not limited to, dumping, septic tanks and commercial
pollution; and
e. Reviewing, updating and maintaining the Marsh Master Plan for adher-
ence to current research about sea level change and wetlands preserva-
tion.
(c) Membership, terms, appointments, geographic requirements, composition.
(1) Membership. The environmental stewardship committee shall be composed of
eleven (11) members. A majority of the members of the committee shall
constitute a quorum. No member of the committee shall hold any other public
office in violation of Article II, Section 5(a), Florida Constitution.
(2) Terms. Following the expiration of the terms of office of the inaugural board
members, all members shall serve three-year terms. Members shall not serve
more than three (3) consecutive terms on the committee. All terms shall expire
on December 31 of the proper year, provided, however, that members whose
terms expire shall continue to serve until replacement appointments are
effective. Any committee member who wishes to resign should submit a letter of
resignation to the chairman and city clerk. Any vacancy during the unexpired
term of an appointed member shall be filled for the remainder of the term.
Supp. No. 45 1383
§ 23-52 ATLANTIC BEACH CODE
Should the length of the unexpired term be less than one (1) year, then such
appointment shall not count towards the maximum number of consecutive
terms.
(3) Appointments. Except for the inaugural committee members, committee members
shall be selected by the board member review committee and shall be confirmed
by the commission. The commission shall select the inaugural committee
members as follows:
Member Representation
At large
At large
At large
District 1308 resident
At large
District 1307 resident
At large
District 1306 resident
At large
District 1312 resident
At large
Appointed By
Mayor (3 years)
Mayor (4 years)
Mayor (3 years)
Seat 2 commissioner (3 years)
Seat 2 commissioner (4 years)
Seat 3 commissioner (3 years)
Seat 3 commissioner (4 years)
Seat 4 commissioner (3 years)
Seat 4 commissioner (4 years)
Seat 5 commissioner (3 years)
Seat 5 commissioner (4 years)
(4) Geographical requirements. There shall be at least one (1) member representing
each city district on the committee. Each committee member must be a full time
resident of the city or own real property in the city. For the purpose of this
section, full time residency shall be defined as the person's principal place of
abode. Any member must immediately notify the city manager and chair in
writing upon no longer meeting these membership qualifications.
(5) Composition. To the extent possible, committee members should demonstrate at
least one (1) of the following skills, experience, expertise, educational background
or interests:
a. Knowledge of best practices in environmental management and sustain-
ability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
Environmental and constitutional law;
h. Community engagement; and
i. Educational programming.
g.
Supp. No. 45 1384
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PROTECTION OF TREES AND NATIVE VEGETATION § 23-52
(d) Organization.
(1) The committee shall meet on the second Wednesday of each month. Special
meetings may be called by the chair, provided at least forty-eight (48) hours'
notice is provided and that a majority of the members must agree to the date
and time. At its first regularly scheduled meeting each January, the committee
shall elect from among its members a chair, vice chair, and secretary who shall
assume their positions immediately upon election.
(2) The chair shall preside at all meetings of the committee. The vice chair shall
preside if the chair is absent.
(3) The committee shall be staffed at each meeting by a city staff member
appointed by the city manager to act as the recording clerk. In addition, the city
manager or his/her designee shall attend all committee meetings.
(4) Roberts Rules of Order shall be followed at committee meetings. The committee
may adopt, amend, and rescind procedural rules of the committee to aid in
implementing the provisions of this section. All reports, studies, and recom-
mendations made by the committee shall be approved by the committee before
the same may be presented to the city commission or city manager on behalf of
the committee.
(5) The committee shall establish a tree subcommittee in accordance with subsec-
tion (f) below. The committee may establish such other subcommittees from
among its membership as it deems necessary to perform its activities. Subcom-
mittees shall report on their progress to the committee at such times as the
committee shall require. All committee and subcommittee meetings shall be
open to the public and are subject to Florida's Government in the Sunshine
Laws.
(6) The committee's recording clerk shall keep minutes of the proceedings, showing
the vote of each member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other
official actions, all of which shall be immediately filed in the office of the city
clerk and shall become a public record.
(e) Removal of members. Any member on the committee may be removed for cause by the
city commission upon written charges and after public hearing. Any member who
fails to attend three (3) consecutive meetings without prior notice to the director of
planning and community development or his/her designee and without reasonable
cause shall have his office declared vacant by the committee. The vacancy shall be
promptly reported to the city clerk and filled by the city commission.
(f) Establishment of tree subcommittee, membership, terms.
(1) There is hereby established a tree subcommittee of the environmental steward-
ship committee, referred to in this subsection as the subcommittee. The
subcommittee shall systematically review tree permits submitted to the city for
Supp. No. 45 1385
§ 23-52 ATLANTIC BEACH CODE
completeness and to determine compliance with the provisions of this chapter
23 as more particularly described in this subsection. The subcommittee shall
consist of three (3) members and one (1) alternate member. The alternate shall
serve in the case of the absence of any of the three (3) members. The members
of the environmental stewardship committee may volunteer to serve on the
subcommittee and shall be appointed to the subcommittee by the environmental
stewardship committee. All of the members of the subcommittee shall be
members of the environmental stewardship committee. The environmental
stewardship committee shall appoint or remove the members of the subcommit-
tee by a simple majority vote. Filling vacancies shall take place at the next
regular scheduled meeting of the environmental stewardship committee after a
seat on the subcommittee has become vacated. Members of the subcommittee
may serve for as long as they serve on the environmental stewardship
committee.
(2) Organization of tree subcommittee.
a. The environmental stewardship committee shall establish a regular
meeting schedule of the tree subcommittee. Unless otherwise determined,
the subcommittee's meetings shall meet on the same date as the
environmental stewardship committee.
b. The administrator or designee shall attend all meetings of the subcommit-
tee. A city staff member designated by the city manager shall act as clerk
for the subcommittee. The clerk shall be responsible for the clerical
administration of the subcommittee. The clerk shall also be responsible for
the maintenance and preservation of all records of the subcommittee in
coordination with the city clerk's office.
c. The subcommittee shall utilize the rules of the environmental stewardship
committee. Robert's Rules of Order shall be followed to conduct meetings.
All meetings shall be open to the public. The subcommittee shall keep
minutes of the proceedings, recording the vote of each member upon each
question or if absent or failing to vote, indicating such facts. It shall keep
records of its examinations and other official actions, all of which shall be
promptly filed with the city clerk's office and shall become public record.
The subcommittee will operate in compliance with Florida's Government
in the Sunshine Laws.
(g) Systematic permit review and appeal process. Notwithstanding any other permit
review or appeal processes set forth in the Atlantic Beach Code of Ordinances, the
following permit review and appeal procedures shall constitute the exclusive
procedures regarding tree permits in the City of Atlantic Beach.
(1) Initial review period.
a. The administrator shall upload all tree permit applications to the city's
website within three (3) business days of being deemed sufficient in
Supp. No. 45 1386
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PROTECTION OF TREES AND NATIVE VEGETATION § 23-52
accordance with section 23-23 of this Code, and ready for site inspection in
accordance with section 23-24. The initial site inspection by the administra-
tor may occur no earlier than the fourth business day after the complete
permit application has been uploaded to the city's website.
b. The subcommittee may review any tree permit applications.
c. Each member of the subcommittee may independently review any tree
permit applications that include the removal of more than fifty (50)
percent of the total inches of the diameter at breast height (DBH) of
regulated trees on any property.
d. Each member of the subcommittee may independently review any tree
permit applications that include the removal of one (1) or more legacy
tree(s) on any property.
e. One (1) member of the subcommittee may accompany the administrator on
the initial site inspection as an observer. The subcommittee member must
make the request to attend the initial site inspection as an observer within
three (3) business days of the permit being uploaded to the city's website.
The subcommittee member shall not interact with the property owner or
the property owner's agents during the site inspection and shall stay in the
vicinity of the administrator during the inspection. The subcommittee
member shall be provided twenty-four (24) hours' notice prior to the time
of the site inspection. If multiple requests are made by subcommittee
members to accompany the administrator on the initial site inspection, the
administrator shall select the first subcommittee member who submits a
request in writing.
(2) Issuance, review and appeal procedures of a permit.
a. When the administrator's application review process and inspection have
been completed, the administrator shall distribute a notice of intent to
issue tree permit to the applicant and all members of the subcommittee,
including the alternate member and upload the draft permit to the city's
website. Within five (5) business days after the distribution of the notice of
intent, the applicant, any member of the subcommittee or any "adversely
affected party" as defined in section 24-17 may place a hold on the permit
by providing written notice to the administrator requesting further review.
This notice shall include the rationale to support the request for further
review. If no notice is filed, the permit shall be effective after the
expiration of the five -business -day notice period.
b. Should a written notice be timely filed, within five (5) business days after
a notice is filed with the administrator, the administrator shall place the
matter on the agenda, with proper notice, of the next available regularly
scheduled subcommittee meeting.
Supp. No. 45 1387
§ 23-52 ATLANTIC BEACH CODE
c. The subcommittee shall review the draft permit for compliance with the
requirements of this chapter 23 and shall, by majority vote, recommend
that the administrator approve, approve with conditions or deny the
application. The administrator shall issue or deny the permit within five
(5) business days after the subcommittee meeting. The applicant or any
member of the subcommittee or any "adversely affected party" who
submitted written comments to the subcommittee prior to the meeting or
made a presentation to the subcommittee during the meeting, may file a
written notice objecting to the permit within five (5) business days from
the date of permit issuance stating the alleged reasons the permit does not
comply with the provision of this chapter 23. The permit issued by the
administrator shall not be effective until this five -business -day notice
period has expired.
d. Should a written notice be timely filed, the draft permit shall be placed on
the next available community development board agenda. The board's
review shall be de novo. The board shall determine whether the draft
permit complies with the provisions of this chapter 23. The board may
issue, deny or modify the draft permit. All notice requirements for
"variances" set forth in section 24-51(c)(2) shall apply to the hearing on
said contested tree permit.
e. The decision by the community development board shall be final unless
the applicant or an "adversely affected party" who submitted written
comments to the board prior to the board meeting or made a presentation
to the board during the meeting files a written appeal of the community
development board decision to the city commission within fifteen (15) days
of the board's decision, with the city clerk, together with a five -hundred -
dollar ($500.00) filing fee. Where the community development board
approves a tree permit, the subject tree permit shall not be effective until
the fifteen -day appeal period has expired. Said written appeal must set
forth the alleged reasons that the community development board's detei mina -
tion does not comply with the provisions of this chapter 23. The commis-
sion's review shall be de novo and the notice requirements for "variances"
set forth in section 24-51(c)(2) shall apply. The commission may confirm,
overturn or modify the community development board's action. The action
of the commission shall constitute final action of the city. Where the
commission approves a tree permit, the permit shall not be effective until
any applicable judicial appeal period has expired.
(Ord. No. 5-17-64, § 1, 7-24-17; Ord. No. 5-18-67, §§ 1-3, 1-14-19)
Secs. 23-53-23-60. Reserved.
Supp. No. 45 1388
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LAND DEVELOPMENT REGULATIONS
Sec. 24-114. Central business district (CBD).
Sec. 24-115. Residential, Selva Marina district (R -SM).
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. Gas 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.
Sec. 24-169. Pharmacies and medical marijuana treatment center dispensing facilities.
Sec. 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. Mayport business overlay district.
Supp. No. 45 1404.1
ATLANTIC BEACH CODE
Division 8. Landscaping
Sec. 24-176. Definitions.
Sec. 24-177. Applicability; requirements; buffer design standards; maintenance; protec-
tion 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.
Supp. No. 45 1404.2
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LAND DEVELOPMENT REGULATIONS § 24-17
with bathing, dressing, housekeeping, adult supervision, emotional security, and other
related services but not including medical services other than distribution of prescribed
medicines.
Guest house or guest quarters shall mean a building or portion therein used only for
intermittent and temporary occupancy by a nonpaying guest or family member of the
occupant of the primary residence. A guest house or guest quarters shall not be converted to
or used as a permanent dwelling unit, shall not be rented for any period of time and shall not
contain a kitchen, but may contain a kitchenette as defined herein.
Height of building shall mean the vertical distance from the applicable beginning point of
measurement to the highest point of a building's roof structure or parapet, and any
attachments thereto, exclusive of chimneys. The appropriate method of determining the
maximum allowable height of building shall be used in accordance with the following:
(a) Parcels within designated special flood hazard areas as delineated on the Federal
Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall use
the required finish floor elevation as the beginning point of measurement.
(b) Parcels that are not located within a designated flood hazard zones and which have
topographic variation of less than two (2) feet as demonstrated by a certified
topographical survey shall use the highest established grade as the beginning point
of measurement. Alternatively, property owners may use the calculated average
grade method if preferred.
(c) Regardless of flood zone designation, parcels with topographic variation of more than
two (2) feet as demonstrated by a certified survey of topography, including all ocean
front parcels, shall provide a certified survey of the calculated average grade, and the
calculated average grade shall be used as the beginning point of measurement,
excepting those parcels where the only topographical variation is a city -maintained
drainage easement where the method described in preceding subsection (b) shall be
used.
(d) Single -story construction where height of building is clearly below the maximum
permitted height shall not be required to provide a certified survey of the calculated
average grade, but shall provide the height of building as measured from the
established grade on the elevation sheets of construction plans.
Home occupation shall mean any use conducted entirely within a dwelling and carried on
by an occupant thereof, which use is clearly incidental and secondary to the principal use of
the dwelling for residential purposes and does not change the residential character thereof.
Home occupations shall be allowed only in accordance with the requirements of section
24-159.
Home office shall mean a business activity consisting only of a private office to be used by
the occupant of the home, which is entirely located within a residential structure and does
not involve any daily on -premises contact with customers or clients. A home office shall be
clearly incidental and accessory to the residential use of the property, and shall not involve
Supp. No. 45 1417
§ 24-17 ATLANTIC BEACH CODE
any employees, commercial signage, manufacturing or storage of products or materials, or
the use of any equipment other than normal office equipment and shall not create any
additional daily traffic. Home offices shall be a permitted accessory use in all residential
zoning districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for
overnight care and treatment of two (2) or more unrelated persons as patients suffering
mental or physical ailments, but not including any dispensary or first-aid treatment
facilities maintained by a commercial or industrial plant, educational institution, convent or
convalescent home or similar institutional use.
Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a
building, or portion of a building, containing individual guest rooms or guest accommoda-
tions for which rental fees are charged for daily or weekly lodging. This definition shall not
include private homes leased for periods exceeding ninety (90) days.
Impervious surface shall mean those surfaces that prevent the entry of water into the soil.
Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas,
driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any
surfacing material with a base or lining of an impervious material. Wood decking elevated
two (2) or more inches above the ground shall not be considered impervious provided that the
ground surface beneath the decking is not impervious. Pervious areas beneath roof or
balcony overhangs that are subject to inundation by stormwater and which allow the
percolation of that stormwater shall not be considered impervious areas. The water surface
area of swimming pools shall be calculated as fifty (50) percent impervious surface.
Improvements shall include, but not be limited to, street pavements, curbs and gutters,
sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations,
Supp. No. 45 1418
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LAND DEVELOPMENT REGULATIONS § 24-17
Variance. A variance shall mean relief granted from certain terms of this chapter. The
relief granted shall be only to the extent as expressly allowed by this chapter and may be
either an allowable exemption from certain provision(s) or a relaxation of the strict, literal
interpretation of certain provision(s). Any relief granted shall be in accordance with the
provisions as set forth in section 24-64 of this chapter, and such relief may be subject to
conditions as set forth by the City of Atlantic Beach.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking,
employee parking, service drives, loading spaces and access drives within property located in
the commercial and industrial zoning districts.
Vested development shall mean a proposed development project or an existing structure or
use, which in accordance with applicable Florida law or the specific terms of this chapter, is
exempt from certain requirements of these land development regulations and/or the
comprehensive plan.
Veterinary clinic shall mean any building or portion thereof designed or used for the
veterinary care, surgical procedures or treatment of animals, but shall not include the
boarding of well animals.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other
land development regulations contained within City Code, when it is demonstrated that
compliance with such provision(s) would be unreasonable, in conflict with the public interest,
or a practical impossibility. A waiver from the land development regulations may be
approved by the city commission upon showing of good cause, and upon evidence that an
alternative to a specific provision(s) of this chapter shall be provided, which conforms to the
general intent and spirit of the land development regulations. In considering any request for
a waiver from the land development regulations, the city commission may require such
conditions as appropriate to ensure that the general intent and spirit of the land
development regulations are enforced. A waiver shall not modify any requirement or term
customarily considered as a variance or any requirement or term prohibited as a variance.
Wetlands shall mean those areas as defined by state law that are inundated or saturated
by surface water or ground water at a frequency and duration sufficient to support
vegetation typically adapted for life in saturated soils. Florida wetlands generally include
swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine
swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other
similar areas. The delineation of actual wetland boundaries and the jurisdictional authority
of such areas may be made by professionally accepted methodology consistent with the type
of wetlands being delineated but shall be consistent with any unified statewide methodology
for the delineation of wetlands.
Yard means a required area on the same lot with a building, unoccupied and unobstructed
from the ground upward, except by trees or shrubbery, landscape elements and uncovered
steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise
provided for within this chapter.
Supp. No. 45 1427
§ 24-17 ATLANTIC BEACH CODE
Yard, front means the required yard extending across the full width of the lot, extending
from the front lot line to the front building setback line as established by the zoning district
designation. Yard, rear means a required yard extending across the full width of the lot,
extending between the rear lot line and the rear building setback line as established by the
zoning district designation.
Yard, side means a required yard extending between a side lot line and the side building
setback line as established by the zoning district designation.
Zoning map shall mean the official record of the City of Atlantic Beach depicting the
zoning district classifications on property within the municipal limits of the City of Atlantic
Beach.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233, § la, 6-11-18; Ord. No.
90-18-234, § la, 6-11-18; Ord. No. 90-19-238, § 1, 2-25-19)
Secs. 24-18-24-30. Reserved.
ARTICLE III. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Sec. 24-31. Scope.
The provisions of this chapter shall be administered in accordance with the rules set forth
within this article and the detailed regulations governing each zoning district. Administra-
tive procedures and the responsibilities of the city commission, the community development
director, and the community development board are set forth herein. Procedures for the
filing of applications, for amendments to this chapter, the appeal of decisions on any matter
covered within this chapter and the land development regulations are also included herein.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-32-24-45. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 24-46. City commission.
It shall be the responsibility of the city commission to perform the following duties and
responsibilities in accordance with this chapter:
(a) To enforce this chapter in accordance with, and consistent with, the adopted
comprehensive plan for the City of Atlantic Beach.
Supp. No. 45 1428
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LAND DEVELOPMENT REGULATIONS § 24-64
Sec. 24-64. Variances.
A variance may be sought in accordance with this section. Applications for a variance may
be obtained from the community development department. A variance shall not reduce
minimum lot area, minimum lot width or lot depth, and shall not increase maximum height
of building as established for the various zoning districts. Further, a variance shall not
modify the permitted uses or any use terms of a property.
(a) Application. A request for a variance shall be submitted on an application form as
provided by the city and shall contain each of the following:
(1) A legal description of the property for which the variance is requested.
(2) A reasonable statement describing the reasons for the variance.
(3) A survey or lot diagram indicating setbacks; existing and proposed construc-
tion, as well as other significant features existing on the lot.
(4) The signature of the owner, or the signature of the owner's authorized agent.
Written authorization by the owner for the agent to act on the behalf of the
property owner shall be provided with the application.
(b) Public hearing. Upon receipt of a complete and proper application, the community
development director shall within a reasonable period of time schedule the applica-
tion for a public hearing before the community development board following required
public notice. At the public hearing, the applicant may appear in person or may be
represented by an authorized agent.
(1) Applications for a variance shall be considered on a case-by-case basis, and
shall be approved only upon findings of fact that the application is consistent
with the definition of a variance and consistent with the provisions of this
section.
(2) The community development board shall not grant a variance, which would
allow a use that is not permitted use, or a permitted use -by -exception in the
applicable zoning district. In the case of an application for a use -by -exception
that is considered concurrently with an application for a variance, approval of
the variance shall be contingent upon approval of the use -by -exception by the
city commission. In the event, that the use -by -exception is denied by the city
commission, any approved variance shall be rendered null and void.
(3) The community development board shall not approve any variance that would
allow a use that is prohibited by the terms of this chapter or by the
comprehensive plan.
(4) The nonconforming use of adjacent or neighboring lands, structures or build-
ings shall not be considered as justification for the approval of a variance.
Supp. No. 45 1437
§ 24-64 ATLANTIC BEACH CODE
(c) Grounds for denial of a variance. No variance shall be granted if the community
development board, in its discretion, determines that the granting of the requested
variance shall have a materially adverse impact upon one (1) or more of the
following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to
public safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensi-
tive areas, wildlife habitat, protected trees, or other significant environmental
resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for
relief from financial circumstances or for relief from situations created by the
property owner.
(d) Grounds for approval of a variance. A variance may be granted, at the discretion of the
community development board, for the following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from
nearby properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared
to other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
(e) Approval of a variance. To approve an application for a variance, the community
development board shall find that the request is in accordance with the preceding
terms and provisions of this section and that the granting of the variance will be in
harmony with the purpose and intent of this chapter. In granting a variance, the
community development board may prescribe appropriate conditions in conformance
with and to maintain consistency with City Code. Violation of such conditions, when
made a part of the terms under which the variance is granted, shall be deemed a
violation of this chapter, and shall be subject to established code enforcement
procedures.
Supp. No. 45 1438
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LAND DEVELOPMENT REGULATIONS § 24-65
(f) Approval of lesser variances. The community development board shall have the
authority to approve a lesser variance than requested if a lesser variance shall be
more appropriately in accord with the terms and provisions of this section and with
the purpose and intent of this chapter.
(g) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or
buildings shall not be grounds for approval of a variance.
(h) Waiting period for re -submittal. If an application for a variance is denied by the
community development board, no further action on another application for
substantially the same request on the same property shall be accepted for three
hundred sixty-five (365) days from the date of denial.
(i) Time period to implement variance. Unless otherwise stipulated by the community
development board, the work to be performed pursuant to a variance shall begin
within twelve (12) months from the date of approval of the variance. The community
development director, upon finding of good cause, may authorize a one-time
extension not to exceed an additional twelve (12) months, beyond which time the
variance shall become null an d void.
(j) Transferability. A variance, which involves the development of land, shall be
transferable and shall run with the title to the property unless otherwise stipulated
by the community development board.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-238, § 2, 2-25-19)
Sec. 24-65. Development, construction and storage within zoning districts.
(a) Temporary construction trailers or structures.
(1) Subject to the following provisions, any person may obtain a building permit for the
construction and/or use of a temporary trailer or structure to be used only as a
construction shed and tool house for contractors and construction workers on the site
and limited to the time period of construction. This temporary trailer or structure
shall not be placed or erected on the property prior to the issuance of a building
permit for the applicable construction, and shall be immediately removed upon
completion of the construction project or in the absence of a valid, unexpired building
permit.
(2) It shall be a violation of this section for any person to use the construction trailer or
structure for sales purposes without first applying to and receiving written
permission from the building official.
(3) Construction trailers and structures shall not be used for the purpose of living
quarters, and the trailers or structures shall have upon the unit, or attached thereto,
an identification sign designating the owner or company and the words "construction
office" in full view.
Supp. No. 45 1439
§ 24-65 ATLANTIC BEACH CODE
(b) Temporary storage structures and uses. Enclosed portable structures and accommoda-
tions intended only for temporary storage may be used following registration with the city on
a form provided by the planning and zoning department, payment of the required fee, and
subject to the following provisions:
(1) Within all residential zoning districts, enclosed portable structures and accommoda-
tions intended only for the temporary storage of personal household belongings of
occupants of the property may be placed on the property for a period not to exceed
four (4) days or ninety-six (96) hours. Registration shall be required for each such use
of any temporary storage structures.
(2) In the event of damage to a residential dwelling by fire, storm, flood, or other such
property loss, this period of time may be extended to ten (10) days upon request to
and written approval of the city manager.
(3) Within all nonresidential zoning districts, enclosed portable structures and accom-
modations intended only for storage, may be used for temporary storage of items
related to the business located on the property, for a period not to exceed thirty (30)
days. Such structures shall not be located within required front yards and shall not
be used to store any chemical, hazardous, flammable or combustible materials.
(c) All structures. All temporary and portable storage structures, construction trailers
and the like, shall be constructed, altered, repaired, enlarged, placed, moved or demolished
in accordance with applicable provisions of the Florida Building Code as well as all
applicable federal, state and local regulations applying to the use and development of land.
The issuance of building permits, where required, verifying such compliance shall be
administered by the building official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-66. Stormwater, drainage, storage and treatment requirements.
(a) Topography and grading. All lots and development sites shall be constructed and
graded in such a manner so that the stormwater drains to the adjacent street, an existing
natural element used to convey stormwater (see section 22-303, definitions: Stormwater
management system), or a city drainage structure after meeting onsite storage require-
ments, as set forth within this section. The city shall be provided with a pre -construction
topographical survey prior to the issuance of a development permit and a post -construction
topographical survey prior to the issuance of a certificate of occupancy. Elevations in all
topographic surveys will be referenced to NAVD 1988. Said surveys shall be signed and
sealed by a licensed Florida surveyor.
Except as required to meet coastal construction codes as set forth within a valid permit
from the Florida Department of Environmental Protection or as required to meet applicable
flood zone or stormwater regulations as set forth herein, the elevation or topography of a
development or redevelopment site shall not be altered.
Supp. No. 45 1440
•
LAND DEVELOPMENT REGULATIONS § 24-66
(b) Onsite storage. Except as provided herein, an applicant shall be required to provide
onsite storage of stormwater for all development and redevelopment projects, and for any
addition or modification that increases the impervious surface area on a developed lot by
more than two hundred fifty (250) square feet. Any modification or replacement of driveway
and sidewalk areas only on a developed lot shall not require onsite storage improvements
provided the modification or replacement does not alter the footprint of the existing
driveway or sidewalk area. Applicants shall provide documentations and calculations to
demonstrate compliance with submittal of applications for construction. Development
projects previously permitted by the St. Johns River Water Management District (SJRWMD),
which have an in -compliance existing retention or detention system that collects and
,controls stormwater as of February 25, 2019, are exempt from further onsite storage
,requirements; provided, however, a copy of the engineer's certification of as -built construc-
tion to the SJRWMD must be submitted to the city before building permits for individual lot
construction may be issued. When onsite storage is required for any new development or
redevelopment, or any addition or modification, an as -built survey, signed and sealed by a
licensed Florida surveyor, documenting proper construction and required volume of the
storage system, must be submitted to and approved by the director of public works prior to
permit closeout or issuance of a certificate of occupancy. For an under -ground system, a
notarized letter from the general contractor, along with as -built plans and construction
photographs, will be sufficient to document proper construction. In addition, a declaration of
restrictive covenant, in recordable form and approved by the city, identifying and describing
the required on-site storage improvements to be maintained, shall be executed and recorded
in the public records of Duval County, Florida, by the owner of the subject parcel and shall
be binding on successors and assigns, prior to permit closeout or issuance of a certificate of
occupancy.
Volume calculations for any projects that require onsite storage shall be based on the
following calculation:
V = CAR/12, where
V = volume of storage in cubic feet,
A = total impervious area,
R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and
C = runoff coefficient, which is 0.92 which is the difference between impervious area
(C=1.0) and undeveloped conditions (C=0.08).
This volume must be stored at least one (1) foot above the wet season water table and
below the overflow point to offsite (in many cases this may be the adjacent road elevation).
As an option, and as approved by the director of public works, an applicant may implement,
at the applicant's cost, offsite storage and necessary conveyance to control existing flood
stages offsite, provided documentation showing appropriate authorization for the off-site use
and meeting the requests of this section is submitted and approved by the city.
Supp. No. 45 1441
§ 24-66 ATLANTIC BEACH CODE
(c) Floodplain storage. There shall be no net loss of storage for areas in a special flood
hazard area (100 -year floodplain), where a base flood elevation has been defined by the
Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMs).
Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage
is in addition to the storage required for the increase in impervious surface area. The
applicant shall provide signed and sealed engineering plans and calculations documenting
that this "no net loss" requirement is met.
(d) Stormwater treatment. For all new development or redevelopment of existing proper-
ties, excluding single- and two-family uses, where construction meets limits for requiring
building code upgrades, stormwater treatment shall be provided for a volume equivalent to
either retention or detention with filtration, of the runoff from the first one (1) inch of
rainfall; or as an option, for facilities with a drainage area of less than one hundred (100)
acres, the first one-half (1/2) inch of runoff pursuant to Chapter 62-330, Florida Administra-
tive Code (FAC). No discharge from any stormwater facility shall cause or contribute to a
violation of water quality standards as provided in Section 62.302 of the Florida Administra-
tive Code. This treatment volume can be included as part of the onsite storage requirement
in item d(2) [subsection (b)] of this section.
(e) NPDES requirements. All construction activities shall be in conformance with the
city's National Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the
requirements of the St. Johns River Water Management District and the Florida Depart-
ment of Environmental Protection. NPDES requirements include use of best management
practices (BMPs) prior to discharge into natural or artificial drainage systems. All
construction projects of one (1) acre or more require a stand-alone NPDES permit. Site
clearing, demolition and construction on any size site may not commence until site
inspection and approval of the proper installation of a required best management practices
erosion and sediment control plan is completed.
(f) Enforcement. Subsequent to approval of a property owner's final grading, including
onsite and/or floodplain storage and stormwater treatment and closeout of the applicable
permit or issuance of certificates of occupancy, the improvements shall be maintained by the
property owner. In order to ensure compliance with the provisions of this section and the
requirements to maintain onsite stormwater improvements over time, the city is authorized
to conduct inspections of property, upon reasonable notice and at reasonable times, for the
purpose of inspecting said property and/or onsite storage improvements for compliance with
this section and with any applicable conditions of previously issued permits. Failure to
maintain the improvements will require restoration upon notification by the director of
public works, within a stipulated time frame. If restoration is not timely completed, the city
shall have the right to complete the restoration, and the city's actual cost incurred, together
with a charge of one hundred (100) percent of said costs to cover the city's administrative
expenses, shall be charged to the then owner of the property.
Supp. No. 45 1442
•
•
•
LAND DEVELOPMENT REGULATIONS § 24-67
(g) Variances to impervious surface area limits. Variances to impervious surface limits
shall be subject to the provisions in section 24-64. Impervious surface requirements shall not
be eligible for relief via waivers from the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-238, § 3, 2-25-19)
Sec. 24-67. Development review and issuance of development permits.
(a) Purpose. The purpose of this section shall be to establish procedures for the submittal,
review and approval of construction plans, and the issuance of development permits.
(b) Procedures. Plans prepared according to the requirements set forth within this section
shall be submitted to the building department for distribution, review and comment from
appropriate departments of the city. Plans may be denied if they do not meet the intent or
the requirements of this section and this chapter or the Florida Building Code.
Supp. No. 45 1442.1
•
•
•
LAND DEVELOPMENT REGULATIONS § 24-101
(d) The use restrictions and the minimum yard requirements that apply to the principal
dwelling shall also apply the structure containing the private garage and the garage
apartment.
(e) A garage apartment shall not be leased or rented for less than ninety (90)
consecutive days.
(f) Any existing structure containing a private garage and garage apartment that is
encroaching into the public right-of-way shall not be rebuilt, enlarged, remodeled or
structurally altered unless such encroachment is removed from the right-of-way. ,A
private garage and garage apartment, which does not encroach into the street
right-of-way, may be rebuilt, remodeled or structurally altered within the existing
footprint, or in compliance with applicable minimum yard requirements, provided
that the maximum height of building shall not be exceeded and subject to applicable
permitting requirements.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-90-24-100. Reserved.
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and purpose.
The City of Atlantic Beach shall be divided by these land development regulations into
zoning districts, as listed and described below. These divisions and the requirements set
forth herein shall have the purpose of implementing the goals, objectives and policies of the
comprehensive plan. The following is established in this division:
(a) The intent of each zoning district.
(b) General requirements for each zoning district, including:
(1) Permitted uses.
(2) Uses -by -exception.
(3) Minimum lot size.
(4) Minimum yard requirements.
(5) Building restrictions.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 45 1455
§ 24-102 ATLANTIC BEACH CODE
Sec. 24-102. Zoning districts established.
The municipal area of the City of Atlantic Beach is hereby divided into the following
zoning districts:
Zoning District Classification
Conservation
Residential, Single -family -Large Lot
Residential, Single-family
Residential, Single-family
Residential General, Two-family
Residential General, Multi -family
Commercial Professional and Office
Commercial Limited
Commercial General
Light Industrial and Warehousing
Special Purpose
Central Business District
Residential, Selva Marina
Special Planned Area District
Abbreviation
CON
RS -L
RS -1
RS -2
RG
RG -M
CPO
CL
CG
LIW
SP
CBD
R -SM
SPA
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-236, § 1, 1-14-19)
Sec. 24-103. Conservation district (CON).
(a) Intent. The conservation district is composed mostly of open land, water, marsh and
wetland areas, consisting primarily of the public River Branch, Dutton Island and Tideviews
Preserves. It is intended that the natural and open character of these areas be retained and
that adverse impacts to these environmentally sensitive areas, which may result from
development, be minimized. To achieve this intent, uses allowed within the conservation
districts shall be limited to certain conservation, recreation, very low intensity uses that are
not in conflict with the intent of this district, the comprehensive plan or any other applicable
federal, state and local policies and permitting requirements.
(b) Permitted uses. Uses permitted within the conservation district shall be limited to the
following:
(1) Cemetery limited to those lands owned by the existing cemetery as of the January 1,
2002 initial effective date of these land development regulations.
(2) Nature preserves, public natural resource based parks, and passive recreational uses
and facilities as needed to support such uses.
(3) Kayak, canoe rentals, and vendors limited to providing equipment or supplies as
needed to use these natural resources subject to approval by the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 45 1456
•
•
•
•
LAND DEVELOPMENT REGULATIONS § 24-104
Sec. 24-104. Residential, single-family—Large lot district (RS -1).
(a) Intent. The RS -L zoning district is intended for development of low density single-
family residential uses in areas where traditional established lot sizes are larger than those
typically located throughout the City of Atlantic Beach. All development of land and parcels
within the RS -L zoning district shall comply with the residential density limitations as set
forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be
amended.
(b) Permitted uses. The uses permitted within the RS -1 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -1 zoning district, the following uses -by -exception
may be permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot size. Existing legally established lots of record may exist, which do not
meet the following lot width, depth or area requirements. These lots may be developed
subject to all applicable land development regulations; however, all lots created after the
February 27, 2006 effective date of Ordinance 90-06-189, shall comply with these minimum
lot size requirements in order to obtain building permits authorizing development.
The minimum size for lots within the RS -L zoning district shall be:
(1) Minimum lot or site area: Ten thousand (10,000) square feet.
(2) Minimum lot width: One hundred (100) feet.
(3) Minimum lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning
district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
Supp. No. 45 1457
§ 24-104 ATLANTIC BEACH CODE
(f) Building restrictions. Additional building restrictions within the RS -1 zoning district
shall be:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where
lawfully existing structures and improvements on a parcel exceed this applicable
percentage, redevelopment of such parcels or additions/modifications to such structures
and improvements shall not exceed the pre-existing impervious surface percentage,
provided the requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-238, § 4, 2-25-19)
Sec. 24-105. Residential, single-family district (RS -1).
(a) Intent. The RS -1 zoning district are intended for development of density single-family
residential areas. All development of land and parcels within the RS -1 zoning district shall
comply with the residential density limitations as set forth within the adopted comprehensive
plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -1 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -1 zoning district, the following uses -by -exception
may be permitted.
(1)
(2)
(3)
(4)
Churches, subject to the provisions of section 24-153.
Public and private recreational facilities not of a commercial
neighborhood scale intended to serve the surrounding residential
Schools.
Home occupations, subject to the provisions of section 24-159.
nature and of a
neighborhood.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not
meet the following requirements. These lots may be developed subject to all applicable land
development regulations; however, all lots created after January 1, 2002 must comply with
these minimum lot size requirements in order to obtain building permits authorizing
development.
The minimum size for lots within the RS -1 zoning district, which are created after the initial
effective date of these land development regulations, shall be:
(1)
(2)
(3)
Lot or site area: Seven thousand five hundred (7,500) square feet.
Lot width: Seventy-five (75) feet.
Lot depth: One hundred (100) feet.
Supp. No. 45
1458
•
•
•
•
LAND DEVELOPMENT REGULATIONS § 24-106
(e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning
district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
(f) Building restrictions. Building restrictions within the RS -1 zoning district shall be:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where
lawfully existing structures and improvements on a parcel exceed this applicable
percentage, redevelopment of such parcels or additions/modifications to such structures
and improvements shall not exceed the pre-existing impervious surface percentage,
provided the requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-238, § 5, 2-25-19)
Sec. 24-106. Residential, single-family district (RS -2).
(a) Intent. The RS -2 zoning district is intended to apply to predominately developed areas
of single-family dwellings with platted lots that are smaller than those in the RS -1 zoning
district. All development of land and parcels within the RS -2 zoning district shall comply
with the residential density limitations as set forth within the adopted comprehensive plan
for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -2 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -2 zoning district, the following uses -by -exception
may be permitted:
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not
meet the following requirements. These lots may be developed subject to all applicable land
development regulations; however, all lots created after January 1, 2002 must comply with
these minimum lot size requirements in order to obtain building permits authorizing
Supp. No. 45 1459
§ 24-106 ATLANTIC BEACH CODE
development (see section 24-188 and section 24-189). The minimum size for lots within the
RS -2 zoning district, which are created after the initial effective date of these land
development regulations, shall be:
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the RS -2
zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side.
(f) Building restrictions. Building restrictions within the RS -2 zoning district shall be:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where
lawfully existing structures and improvements on a parcel exceed this applicable
percentage, redevelopment of such parcels or additions/modifications to such structures
and improvements shall not exceed the pre-existing impervious surface percentage,
provided the requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-238, § 6, 2-25-19)
Sec. 24-107. Residential, two-family district (RG).
(a) Intent. The RG zoning district is intended for development of low and medium density
single-family and two-family residential areas. All development of land and parcels within
the RG zoning district shall comply with the residential density limitations as set forth
within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RG zoning district shall be:
(1) Single-family dwellings.
(2) Two-family (duplex) dwellings, subject to density limitations.
(3) Accessory uses as set forth in section 24-151.
(4) Townhouses, subject to density limitations and compliance with article IV, subdivi-
sion regulations and section 24-88.
(5) Government uses, buildings and facilities.
(6) Family day care homes and group care homes.
(c) Uses -by -exception. The following uses may be approved as a use -by -exception within
the RG zoning district.
(1) Child care centers.
Supp. No. 45 1460
•
•
LAND DEVELOPMENT REGULATIONS § 24-107
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(4) Schools and community centers.
(5) Home occupations subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not
meet the below requirements. These lots may be developed with a single-family residence
subject to all applicable land development regulations; however, all lots created after
January 1, 2002 must comply with the following minimum requirements in order to obtain
building permits authorizing development. The minimum size for lots within the RG zoning
district, which are created after the January 1, 2002 initial effective date of these land
development regulations, shall be as set forth herein.
(1) Minimum lot area in the RG zoning district:
a. Single-family dwellings: Seven thousand five hundred (7,500) square feet.
b. Two-family (duplex) dwelling or two -unit townhouse:
Lands designated as low density by the future land use map: fourteen thousand
five hundred (14,500) square feet.
Lands designated as medium density by the future land use map: Six thousand
two hundred (6,200) square feet.
Lands designated as high density by the future land use map: Five thousand
(5,000) square feet.
(2) Minimum lot width in the RG zoning district: Seventy-five (75) feet.
(3) Minimum lot depth in the RG zoning district: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the RG zoning
district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side.
(f) Building restrictions. The building restrictions for the RG zoning district shall be:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where
lawfully existing structures and improvements on a parcel exceed this applicable
percentage, redevelopment of such parcels or additions/modifications to such structures
and improvements shall not exceed the pre-existing impervious surface percentage,
provided the requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-238, § 7, 2-25-19)
Supp. No. 45 1461
§ 24-108 ATLANTIC BEACH CODE
Sec. 24-108. Residential, multi -family district (RG -M).
(a) Intent. The RG -M zoning district is intended for development of medium to high-
density multi -family residential areas. All development of land and parcels within the RG -M
zoning district shall comply with the residential density limitations as set forth within the
adopted comprehensive plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RG -M zoning district shall be:
(1) Single-family dwellings.
(2) Two-family (duplex) dwellings subject to the density limitations.
(3) Townhouses, subject to subject to the density limitations and compliance with article
IV, subdivision regulations and section 24-87.
(4) Multi -family dwellings, subject to the density limitations.
(5) Accessory uses as set forth in section 24-151.
(6) Government buildings and facilities.
(7) Family day care homes and group care homes.
(c) Uses -by -exception. Subject to the provisions of section 24-63, the following uses may be
approved as a use -by -exception within the RG -M zoning district:
(1) Churches.
(2) Public and private recreation facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Child care centers.
(4) Schools and Community Centers.
(5) Home occupations subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not
meet the following requirements. These lots may be developed with a single-family residence
subject to all applicable land development regulations; however, all lots created after
January 1, 2002, must comply with the these minimum lot size requirements in order to
obtain building per wits authorizing development. The minimum size for lots within the
RG -M zoning district, which are created after the January 1, 2002 initial effective date of
these land development regulations, shall be as set forth herein.
(1) Minimum lot or site area:
a. Single-family dwellings: Seven thousand five hundred (7,500) square feet.
b. Two-family dwellings or two -unit townhouse:
Lands designated as low density by the future land use map: Fourteen thousand
five hundred (14,500) square feet.
Lands designated as medium density by the future land use map: Six thousand
two hundred (6,200) square feet.
Supp. No. 45 1462
•
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•
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LAND DEVELOPMENT REGULATIONS § 24-109
Lands designated as high density by the future land use map: Five thousand
(5,000) square feet.
c. Multi -family dwellings: Minimum seven thousand five hundred (7,500) square
feet parcel required, with maximum number of dwelling units determined by
the density limitations as set forth in the comprehensive plan.
(2) Minimum lot width in the RGM zoning district: Seventy-five (75) feet.
(3) Minimum lot depth in the RG -M zoning district: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements in the RG -M zoning
are:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard:
a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum
feet on either side.
b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each
side.
c. Multi -family dwellings: Fifteen (15) feet each side.
(f) Building restrictions. The building restrictions for the RG -M zoning district shall be as
follows:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where
lawfully existing structures and improvements on a parcel exceed this applicable
percentage, redevelopment of such parcels or additions/modifications to such structures
and improvements shall not exceed the pre-existing impervious surface percentage,
provided the requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-238, § 8, 2-25-19)
Sec. 24-109. Commercial, professional office (CPO).
(a) Intent. The CPO zoning district is intended for small, neighborhood scale professional
offices with residential design characteristics that make such uses compatible with nearby
residential uses.
(b) Permitted uses. The uses permitted within the CPO zoning district shall be:
(1) Medical and dental offices (but not clinic or hospital), chiropractor offices, licensed
massage therapist offices.
(2) Professional Offices, such as accountant, architect, attorney, engineer, land surveyor,
optometrist and similar uses.
Supp. No. 45 1463
§ 24-109 ATLANTIC BEACH CODE
(3) Business offices such as real estate broker, insurance agent, stockbroker and similar
uses.
(4) Single-family dwelling units.
(5) Child care centers, in accordance with section 24-152.
(6) Mixed use projects combining the above permitted uses and those approved as a
use -by -exception pursuant to subsection (d) below.
(c) Limitations. All uses within the CPO zoning district shall be subject to the following
standards:
(1) No outside retail sales, display or storage of merchandise or business activities shall
be permitted.
(2) No vehicles other than typical passenger automobiles, and no trucks exceeding
three -quarter -ton capacity, shall be parked on a daily or regular basis within CPO
zoning districts.
(3) No manufacture, repair, mechanical, service or similar work shall be permitted, and
no machinery shall be used other than normal office equipment such as typewriters,
calculators, computers, bookkeeping machines shall be used in association with any
use located within the CPO zoning districts.
(4) Permitted uses ,shall not include establishments for live entertainment or adult
entertainment establishments, outdoor entertainment such as putt -putt golf and
driving ranges, skateboard facilities, firing ranges, amusement centers, computer
game centers, video game arcades and any type of token or coin-operated video or
arcade games, movie theaters, tattoo or body artists or studios, pawn shops, billiard
and pool halls.
(d) Uses -by -exception. Within the CPO zoning district, the following uses may be approved
as a use -by -exception.
(1) Limited retail sales in conjunction with a permitted professional service being
rendered at the time.
(2) Church or community center.
(3) Medical or dental clinic, hospitals, medical or dental laboratory; manufacture of
prosthetic appliances, dentures, eyeglasses, hearing aids and similar products.
(4) Low intensity service establishments such as barber or beauty shops, shoe repair,
tailor or dress makers.
(5) Banks and financial institutions without drive-through facilities.
(6) Government buildings and facilities.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
Supp. No. 45 1464
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LAND DEVELOPMENT REGULATIONS § 24-109
(e) Minimum lot or site requirements. The size for lots within the CPO zoning district
shall be:
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum yard requirements. The minimum yard requirements within the CPO zoning
districts shall be:
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
(g) Building restrictions. The building restrictions within the CPO zoning districts are:
(1) Maximum impervious surface: Seventy (70) percent. Where existing impervious
surface area exceeds severity (70) percent on previously developed sites, new
development shall not exceed the pre -construction impervious surface area, and
required landscaping shall be provided in accordance with division 8 of this chapter.
Stormwater management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 45 1464.1
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LAND DEVELOPMENT REGULATIONS § 24-114
(c) Uses -by -exception. Within the central business district, the following uses may be
approved as a use -by -exception.
(1) Residential, where such residential use is secondary to the permitted commercial use
of the building.
(2) Businesses offering live entertainment, not including adult entertainment establish-
ments as defined by Section 847.001(2), Florida Statutes, and also not including
outdoor entertainment such as putt -putt golf and driving ranges, skateboard
facilities, firing ranges, amusement centers and video game arcades and any type of
token or coin-operated video or arcade games, tattoo or body artists or studios, movie
theaters, billiard and pool halls.
(d) Lot size and yard requirements. Subject to meeting required impervious surface area
limits, stormwater requirements, access and parking standards, landscaping and buffering,
there are no defined setbacks within the central business district.
(e) Building restrictions. The building restrictions for the central business district shall
be as follows:
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious
surface shall not apply to infill development or redevelopment of previously
developed sites. Where existing development exceeds seventy (70) percent, redevelop-
ment shall not increase impervious surface area beyond that existing. Required
landscaping shall be provided in accordance with division 8 of this chapter.
Stormwater management requirements shall apply to infill development and to
redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(f) Right-of-way lease restrictions. Outside seating for restaurants, coffee shops and
sidewalk cafes may be operated by the management of adjacent permitted food service
establishments, subject to the following provisions:
(1) Outside seating within public rights-of-way may be permitted under a renewable
annual lease agreement approved by the city commission. As a condition of the lease,
the owner of such establishment shall agree in writing to maintain that portion of
the right-of-way where the outside seating is located. The owner/leasee/leasor of the
business establishment and the property owner shall agree in writing to hold the
City of Atlantic Beach harmless for any personal injury or property damage resulting
from the existence or operation of, and the condition and maintenance of the
right-of-way upon which any outside seating is located, and shall furnish evidence of
general liability insurance in the amount of one million dollars ($1,000,000.00) per
person and two million dollars ($2,000,000.00) per occurrence with the City of
Atlantic Beach as additional named insured.
(2) Outside seating shall not be permitted on the sidewalk closer than five (5) feet from
the curb line of the street or from any fire hydrants located in the right-of-way.
Supp. No. 45 1475
§ 24-114 ATLANTIC BEACH CODE
(3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in
height measured from the ground or sidewalk level. Enclosures shall be designed in
compliance with ADA accessibility guidelines and shall provide safe pedestrian
access to the public right-of-way and designated parking spaces. Such enclosure may
consist of screens, planters, fencing or other similar materials.
(4) No heating or cooking of food or open flames shall be allowed in outside seating
areas.
(5) Seats provided in outside seating areas shall be included in the required parking
calculations.
(6) Amplified music shall not be permitted in outside seating areas. Lighting to serve
outside seating areas shall be white in color and shall not spill over to adjacent
properties.
(7) The city commission shall determine and establish by resolution the charges, terms
and termination procedures for right-of-way leases.
(8) The city commission may permit nonfood service uses under right-of-way lease
agreements provided such uses are permitted under the use -by -exception process
and further provided such uses are special event related and not continuous.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-115. Residential, Selva Marina district (R -SM).
(a) Intent. The R -SM zoning district is intended for development of single-family
residential areas that were originally developed as Selva Marina and Selva Tierra Planned
Unit Developments (PUDs) during the 1970s and 1980s. All development of land and parcels
within the R -SM zoning district shall comply with the residential density limitations as set
forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be
amended. The R -SM district is unique because it replaces eleven (11) separate PUDs with
varying design requirements. Standard R -SM zoning district design requirements shall
apply to each lot designated R -SM on the city's zoning map unless otherwise specified herein.
(b) Permitted uses. The uses permitted within the R -SM zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses subject to the provisions of section 24-151.
(c) Accessory structures. Accessory structures subject to the provisions of section 24-151
except:
(1) Detached garages, guest house or guest quarters, sheds, gazebos, pergolas, and other
similar detached structures shall comply with the following:
a. Maximum height: Fifteen (15) feet;
b. Maximum size: One hundred fifty (150) square feet; and
c. Setbacks: Five (5) feet from any rear or side property line.
Supp. No. 45 1476
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LAND DEVELOPMENT REGULATIONS § 24-115
(2) Screen enclosures, defined as those structures with screen walls and roofs, shall
comply with the following:
a. Maximum height: Fifteen (15) feet; and
b. Setbacks: Five (5) feet from any rear or side property line.
(d) Uses -by -exception. Within the R -SM zoning district, the following uses -by -exception
may be permitted:
(1) Home occupations, subject to the provisions of section 24-159.
(e) Minimum lot area. Legally established lots of record may exist as of January 14, 2019,
which do not meet the requirements of this subsection (e). These lots may be developed
subject to all applicable land development regulations; however, all lots created after
January 14, 2019, must comply with the following minimum lot size requirements in order
to obtain building permits authorizing development.
The minimum size for lots within the R -SM zoning district, which are created after
January 14, 2019, shall be:
(1) Lot area: Nine thousand (9,000) square feet.
(2) Lot width: Ninety (90) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum yard requirements. The R -SM zoning district has minimum standard yard
requirements and alternative requirements for lots with frontage on Selva Grande Drive,
Tierra Verde Drive, Sea Oats Drive, Seminole Road, Saturiba Drive, and 19th Street except
for accessory structures as provided in paragraph (c) above. The minimum yard require-
ments in the R -SM zoning district are shown in Figure 1 below and shall be:
(1) Standard front yard: Twenty (20) feet except as follows:
a. Lots fronting on Selva Grande Drive: Twenty-five (25) feet.
b. Lots fronting on Tierra Verde Drive: Twenty-five (25) feet.
c. Lots fronting on Sea Oats Drive and south of 19th Street:
i. Platted building restriction line of thirty (30) feet along Sea Oats Drive.
ii. Platted building restriction line of twenty-five (25) feet along Saturiba
Drive.
iii. Platted building restriction line of twenty-five (25) feet along 19th Street.
d. Lots fronting Seminole Road and south of 19th Street:
i. Platted building restriction line of twenty-five (25) feet along Seminole
Road.
ii. Platted building restriction line of twenty-five (25) feet along Saturiba
Drive.
iii. Platted building restriction line of twenty-five (25) feet along 19th Street.
Supp. No. 45 1476.1
§ 24-115 ATLANTIC BEACH CODE
(2) Standard rear yard: Twenty (20) feet except as follows:
a. Lots fronting Sea Oats Drive and south of 19th Street: Thirty (30) feet.
b. Lots fronting Seminole Road and south of 19th Street: Thirty (30) feet.
(3) Standard side yard: Ten (10) feet except as follows:
a. Lots fronting Sea Oats Drive and south of 19th Street: Fifteen (15) feet.
b. Lots fronting Seminole Road and south of 19th Street: Fifteen (15) feet.
(4) If any ambiguity or inconsistencies for R -SM setbacks arise, Figure 1 below shall
control.
R -SM Required Setbacks
•
fili_
-rTh 7- 7-
/ I •
0 175 350
1.1
Front: 20 feet
Rear: 20 feet
Sides: 10 feet
r ' 1
CO r
m
Front: 26 feet Front: 30 feet (BRL) Front: 25 feet (BRL)
Rear: 20 feet Rear: 30 feet Rear: 30 feet
Sides: 10 feet Sides: 15 feet Sides: 16 feet
Figure 1: R -SM Zoning District Yard Requirements
(g) Building restrictions. The following building restrictions shall apply within the R -SM
zoning district:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where
lawfully existing structures and improvements on a parcel exceed this applicable
Supp. No. 45 1476.2
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LAND DEVELOPMENT REGULATIONS § 24-116
percentage, redevelopment of such parcels or additions/modifications to such structures
and improvements shall not exceed the pre-existing impervious surface percentage,
provided the requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
(h) Minimum living area: Minimum living areas for the R -SM zoning district shall be:
(1) One story: Fourteen hundred and fifty (1,450) square feet.
(2) Two story: Sixteen hundred (1,600) square feet.
(i) Fences, walls, and similar structures: Fences, walls, and similar structures in the R -SM
zoning district shall be subject to the provisions of section 24-157 except they:
(1) Shall not be permitted closer to the front lot line than the main residence.
(2) Shall not be permitted closer to any side lot line that abuts a street than the main
residence.
(3) Shall not be constructed of chain link or similar materials.
(j) Effect on existing structures and lots: Any structure or lot in existence and in
compliance with all applicable city Code requirements in effect prior to the adoption of this
section 24-115 or lawfully under construction on January 14, 2019, that would become
nonconforming by virtue of the adoption of this section shall be regulated pursuant to section
24-85; provided, however, that [section] 24-85(c)(6) "This provision shall apply only to
reconstruction following damage that has occurred from an unintended act, including fire
and weather related events, and not from an intentional act of the property owner or
occupant, in which case the required building setbacks of the particular zoning district shall
be required" shall not be applicable to reconstruction within the R -SM zoning district. If the
city has issued any development permit authorizing uses and or structures prior to the
public notice of this section on October 19, 2018, compliance with the provisions of the city's
ordinances, including this chapter without limitation, in effect at the time of approval shall
apply to such development permit.
(Ord. No. 90-19-236, § 2, 1-14-19; Ord. No. 90-19-238, § 9, 2-25-19)
DIVISION 6. SPECIAL PLANNED AREA DISTRICT (SPA)
Sec. 24-116. Purpose and intent.
The purpose of the special planned area district is to create a mechanism to establish a
plan of development or redevelopment for a site where the property owner and the
community's interests cannot be best served by the provisions of the conventional zoning
districts, and where assurances and commitments are necessary to protect the interests of
both the property owner and the public, and also the unique qualities of the City of Atlantic
Beach which are expressed throughout this chapter and the comprehensive plan.
Supp. No. 45 1476.3
§ 24-116 ATLANTIC BEACH CODE
The intent of this section is to provide an appropriate zoning district classification for new
development and redevelopment where specific development standards and conditions will
be established within the enacting ordinance. The quality of design and site planning are the
primary objectives of the SPA district.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-117. Special planned area district defined.
For the purpose of this chapter, special planned area shall mean a zoning district
classification that provides for the development of land under unified control which is
planned and developed as a whole in a single or programmed series of operations with uses
and structures substantially related to the character of the entire development. A special
planned
Supp. No. 45 1476.4
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LAND DEVELOPMENT REGULATIONS § 24-267
Sec. 24-267. Requirements within wellhead protection areas.
The following requirements apply to all Floridan Aquifer wells, including private wells,
within the boundary of a wellhead protection area.
(a) All Floridan and Hawthorne wells may be inspected by the City or their consultants
at any time after the effective date of this ordinance. The City shall prioritize
re -inspections for wells that, in its opinion, pose the greatest threat to the Floridan
Aquifer.
(b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a
backflow prevention device in compliance with local plumbing code and Department
of Environmental Protection rules.
(c) Within one year after the effective date of this chapter, all Private Floridan wells
within a Wellhead Protection Area shall be configured with a sanitary seal on the
wellhead and a concrete pad around the outside of the well casing to prevent leakage
of surface water into the well. Each well shall be finished with a concrete pad a
minimum of five (5) feet by five (5) feet and at least three (3) inches thick. The pad
shall be finished above ground surface to allow surface water to drain away from the
wellhead. The surrounding ground surface should be sloped away from the wellhead,
if possible, to further prevent surface water from collecting at the wellhead.
(d) Floridan Aquifer wells shall be drilled, maintained and repaired according to the
standards of Chapters 62-524 and 40C-3, Florida Administrative Code.
(e) The city shall notify the owner of any well that is not found to be in compliance with
the requirements of this section of the violation. Any private well not properly
constructed or maintained to reasonably prevent contamination from any other
aquifer to the Floridan Aquifer shall be abandoned, repaired or replaced. The cost of
abandonment, repair or replacement shall be the responsibility of the well owner
and/or the owner of the property on which the well is located. All private faulty wells
found to be out of compliance shall have ninety (90) days to either perform those
repairs necessary to bring the private well into compliance with this section or to
properly abandon the well pursuant to the appropriate standards and procedures.
Copies of inspection reports from the St. Johns River Water Management District
confirming that the well has been properly abandoned, repaired or replaced shall be
submitted to the city. If the work is not inspected by the St. Johns River Water
Management District, the city or their consultant shall inspect the well to confirm
that it has been properly abandoned, repaired or replaced at the cost of the owner,
and the abandonment, repair or replacement shall be entered into a database of
well -related information maintained by the city. Failure to properly repair or
abandon a private faulty well, pursuant to the requirements of this section, shall
result in code enforcement action pursuant to chapter 2, article V, division 2 of the
Code of Ordinances.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10.; Ord. No. 5-19-68, § 3, 2-11-19)
Supp. No. 45 1535
§ 24-268 ATLANTIC BEACH CODE
Sec. 24-268. Notice of release or spill of contaminants in wellhead protection
areas.
The city shall send written requests to local hazardous release/spill responders to
immediately notify the public utilities department of any and all spills or releases in the
water service area. City staff shall determine if an incident has occurred within a wellhead
protection area. City staff shall notify the state warning point, Department of Environmental
Protection, or other regulatory agencies as required by law, depending on the nature and
amount of the spill.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-269. Authority and responsibilities of the city.
The city shall have the following powers and duties:
(a) Administer and enforce the provisions of these wellhead protection regulations.
(b) Render all possible assistance and technical advice to private well owners, except
that the city shall not design or construct private facilities.
Perform such other administrative duties as may be necessary.
(d) The city shall have the right to inspect privately -owned facilities.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
DIVISION 2. PROTECTION OF WETLAND, MARSH AND WATERWAY RESOURCES
Sec. 24-270. Purpose and intent.
The purpose and intent of this division is to provide regulations that contribute to the
protection of the vast coastal marsh, estuarine and wetland system associated with the
Atlantic Intracoastal Waterway and its tributaries in conjunction with the state and federal
regulatory agencies having jurisdictional authority over such resources. It is the express
intent of the city that no net loss of jurisdictional wetlands occur through any development
action within the city. Any impacted wetlands on a development site shall be replaced
elsewhere on the same site or elsewhere within the City of Atlantic Beach where
replacement onsite is not possible to achieve reasonable use of the property.
Where jurisdictional wetlands have been damaged or degraded over time through
previous development, storm events, improper drainage runoff or other adverse activities,
but where wetland vegetation and habitat still are predominant in quantity on a proposed
development site, all plans submitted for review or permitting shall demonstrate a plan for
mitigation, restoration, replacement, enhancement or recovery of jurisdictional wetlands in
the amount to be displaced by the proposed development.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 45 1536
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LAND DEVELOPMENT REGULATIONS § 24-271
Sec. 24-271. Definitions.
For the purposes of this division, the terms used herein shall have the meaning as set
forth within this division, and also within section 24-17 and where applicable and
appropriate to the context, chapter 23 of the Municipal Code, entitled Protection of Trees and
Native Vegetation, as well as those definitions as may be established by applicable state or
federal law. Specific to this division are the following terms:
Environmental assessment shall mean a study and a written report prepared in
accordance with the State of Florida's approved methodology for wetlands determination in
accordance with Section 373.421, Florida Statutes and Section 62-340.300 of the Florida
Administrative Code for verification and identification of environmental and habitat
characteristics. The environmental assessment shall include a delineation of onsite wetlands
and native upland habitat, as well as an identification of any protected animal species or
habitat found on the site. The city may accept an assessment prepared by a licensed
environmental professional and may also require the applicant to obtain a formal wetland
determination by the St. Johns River Water Management District.
Intertidal zone (or littoral zone) is the area along a shore that lies between the high and
low tide marks, bridging the gap between land and water. At high tide, the intertidal zone is
submerged beneath the water, and at low tide it is exposed to air.
Isolated wetland shall mean a wetland area that is not part of a surface water tributary
system and which is defined by the following characteristics:
(a) Non -navigable tributaries that do not typically flow year-round or have continuous
flow at least seasonally (e.g., typically at least three (3) months each year);
(b) Wetlands that are adjacent to such tributaries; and
(c) Wetlands that are adjacent to but that do not directly adjoin a relatively permanent
non -navigable tributary.
Mean high water line shall mean that line established by a Florida Professional Surveyor
and Mapper in accordance with Section 177.26, Florida Statutes, which establishes the
boundary line along navigable waters between submerged lands including the foreshore,
owned by the state in its sovereign capacity, and uplands which may be subject to private
ownership.
Natural resource based recreation shall mean activities, such as kayaking, canoeing,
rowing, biking, hiking, bird -watching, fishing from small nonmotorized boats or the bank
and similar activities that do not involve motorized vehicles or watercraft, but that allow
interaction with nature in a manner that does not damage, disrupt of interfere with the
natural setting of the resource.
Upland buffer shall mean areas of upland surrounding a delineated jurisdictional wetland
boundary set aside from development. Such buffers protect wetlands from the impacts of
adjacent land use. Wetlands serve essential ecological functions such as reducing downstream
stormwater flow, recharging ground water, improving water quality and providing wildlife
Supp. No. 45 1537
§ 24-271 ATLANTIC BEACH CODE
habitat. Buffers help wetlands function by filtering storm runoff from surrounding
development, trapping sediment, absorbing nutrients, and attenuating high flows. Buffers
also provide high quality wildlife habitat areas and physically separate wetlands and
estuaries from developed areas in order to lessen noise, light and chemical pollution and
other associated disturbances by humans. Upland buffers shall remain substantially in their
undisturbed and natural state as set forth within following subsection (e) of this division.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-272. Environmental assessment and protection of wetlands and
environmentally sensitive areas.
(a) Environmental assessment required. The wetlands and the environmentally sensitive
areas maps (Map A-2 and A-4) as contained within the city's comprehensive plan identify
areas that are presumed to have wetlands or significant environmental features. Where a
development permit is sought in such areas, an environmental assessment of the site and the
potential for impacts to the presumed resource shall be provided by the applicant seeking
such permit.
(b) Where the environmental assessment determines that natural jurisdictional wetlands
remaining on the site have been damaged or degraded over time through previous
development, storm events, improper drainage runoff or other adverse activities, but where
wetland vegetation and habitat are predominant in quantity on a proposed development site,
all plans submitted for review or permitting shall demonstrate a plan for restoration,
enhancement, mitigation or recovery of remaining jurisdictional wetlands. Restated, it is the
express intent of the city that no net loss of jurisdictional wetlands occurs through any
development action within the city.
(c) Buffers required from wetlands. The following upland buffers shall be required, except
for lands adjacent to isolated wetlands. Upland buffers shall be measured from the St. Johns
River Water Management District or Florida Department of Environmental Protection
Wetland jurisdictional line.
(1) For development occurring following the March 8, 2010, effective date of these
amended land development regulations, a natural vegetative buffer a minimum of
fifty (50) feet in width shall be required and maintained between developed areas
and the tributaries, streams, or other water bodies connected to the intracoastal
waterway regardless of any other regulatory agency requirement of a lesser distance.
Such portions of these tributaries, streams, or other water bodies subject to this
buffer requirement shall be established by the presence of a mean high water line for
the applicable tributary, stream or other water body.
(2) A natural vegetative buffer, which is a minimum width of twenty-five (25) feet, shall
be maintained between development and all other jurisdictional wetlands not
described in the preceding paragraph. In cases where the minimum twenty -five-foot
buffer is demonstrated to be unreasonable or impractical, an averaged twenty -five-
foot undisturbed buffer may be provided.
Supp. No. 45 1538
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LAND DEVELOPMENT REGULATIONS § 24-272
(d) Exceptions to the upland buffer requirements.
(1) Man-made canals and stormwater facilities are not considered wetlands, although in
some cases, man-made navigable canals connected to waters of the state are
protected under these provisions or by regulations of state or federal agencies.
Man-made canals and ponds clearly excavated in uplands are not considered
wetlands and are exempt from the wetland buffer regulations.
(2) Determinations of vested rights which may supersede the requirement for the
fifty -foot upland buffer shall be made on a case-by-case basis in accordance with the
land development regulations and applicable Florida law.
(3) Single-family lots of record platted prior' to January 1, 2002, shall be exempt from the
fifty -foot wetland buffer requirement, but shall be subject to the twenty -five-foot
upland buffer requirement as described in preceding subsection (c)(2).
(4) Waivers from the requirement to provide and maintain an upland buffer may be
requested in accordance with subsection 24-46(d) of this chapter, and where such
waiver is approved, a berm or swale to retain and filter stormwater runoff from the
lot shall be created.
(5) Lots or portions of lots where a lawfully constructed bulkhead, retaining wall,
revetment, or the placement of rip -rap was in existence prior to the enactment of
these regulations shall be exempt from these buffer requirements.
(e) Maintenance and permitted activities within upland buffers. To protect water quality
and wetland functions, it is crucial to limit contamination, disturbance and clearing within
upland buffer areas. It is the intent of the city that required upland buffers shall be
maintained in a substantially natural and undisturbed state. With the exception of facilities
to provide public access for the recreational use of intracoastal related natural resources, any
disturbance or clearing of required upland buffers shall be in accordance with the following
provisions. Native vegetation removed or destroyed within the upland buffer is a violation of
this code, and the property owner shall be responsible for the restoration of the upland buffer
upon order of the special magistrate.
(1) The following activities are expressly prohibited in any required upland buffer:
a. Filling, dredging or soil compaction by heavy machinery;
b. Dumping of any kind including brush, tree and yard waste, weeds, lawn
clippings, animal or fish waste, litter and refuse of any type;
c. Removal of healthy native trees;
d. Clearing of any living native vegetation within the intertidal zone, which
typically includes marsh grasses and submerged aquatic vegetation;
e. Installation of sod, irrigation, non-native vegetation of any type or any type of
plant materials typically requiring the use of lawn pesticides and fertilizers or
chemicals of any kind.
Supp. No. 45 1539
§ 24-272 ATLANTIC BEACH CODE
(2) The following activities are permitted within a required upland buffer subject to
obtaining a buffer alteration permit from the city:
a. Removal of invasive vegetation following documented verification by the
designated administrative official.
b. Clearing of understory vegetation as defined by chapter 23 of the city's
Municipal Code of Ordinances, and any such clearing shall be approved by the
city and if required, the appropriate state or federal agency prior to any form of
clearing, alteration or disturbance of the required upland buffer.
c. Minimum clearing of upland and wetland vegetation necessary to construct a
properly permitted dock or other improvement to provide lawfully entitled
access to navigable waters in accordance with a validly issued and unexpired
permit from the City of Atlantic Beach, the Florida Department of Environmental
Protection, the St. Johns River Water Management District, and other entity
having jurisdiction.
d. Activities for the owner or occupant's enjoyment including typical backyard
outdoor furniture, gazebos and screen structures not exceeding one hundred
(100) square feet in size without electrical or plumbing service, but not
swimming pools, spas or pool houses, and provided that all other conditions of
this section are met.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 5-19-68, § 3, 2-11-19)
ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM
DIVISION 1. CONCURRENCY MANAGEMENT SYSTEM
Sec. 24-273. Purpose and intent.
(a) The purpose of a concurrency management system is to provide the necessary
regulatory mechanism for evaluating development orders to ensure that the level of service
standards, as set forth within the adopted comprehensive plan of the City of Atlantic Beach,
as may be amended, are maintained. The system consists of three (3) primary components:
1) an inventory of existing public facilities for which concurrency is to be determined, 2) a
concurrency assessment of each application for a final development order, and 3) a schedule
of improvements needed to correct any existing public facility deficiencies.
(b) The intent of this system as expressed by the Florida Legislature is to: Ensure that
issuance of a development order is conditioned upon the availability of public facilities and
services necessary to serve new development (Rule 9J-5.0055, Florida Adiministrative
Code.) However, development orders may be conditioned such that needed public facility
improvements will be in place concurrent with the impacts of the proposed development.
Supp. No. 45 1540
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LAND DEVELOPMENT REGULATIONS § 24-276
(c) The terms development order and development permit, including any building permit,
zoning permit, subdivision approval, rezoning, special exception, variance, or other official
action of the local government having the effect of permitting the development of land, may
be used interchangeably within these land development regulations and shall have the
meaning as set forth in section 24-17 of this chapter and within Florida Statutes.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-274. Administrative responsibility.
(a) The city manager, or the city manager's designee, shall be responsible for the three (3)
primary tasks required to implement the concurrency management system. These three (3)
tasks are:
(1) Maintaining an inventory of' existing public facilities and capacities or deficiencies;
(2) Providing advisory concurrency assessments and recommending conditions of approval
to the city commission for those applications for development orders which require
city commission approval; and
(3) Reporting the status of all public facilities covered under this system to the city
commission during the annual budget process and to the department of community
affairs, as may be required.
(b) The city manager, or the city manager's designee, shall also collect and make available
to the public information on those facilities listed in the capital improvements element of the
comprehensive plan. This information shall be updated yearly and shall be available during
the annual budget preparation process.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-275. Applicability.
Prior to the approval and issuance of a development order, all applications shall be
reviewed for concurrency consistent with the provisions and requirements of this concur-
rency management system. Development orders may be issued only upon a finding by the
city that the public facilities addressed under the concurrency management system will be
available concurrent with the impacts of the development in accordance with state statutes
and rules relating to concurrency.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-276. Projects not requiring a concurrency certificate.
(a) Development orders, including building permits issued for single-family and two-
family residential development upon existing lots of record, and those issued solely for
alteration, remodeling, reconstruction, or restoration of residential units provided that such
permits do not authorize an increase in the number of dwelling units; and for nonresidential
uses, those permits that do not authorize an increase in the square feet of the development
Supp. No. 45 1541
§ 24-276 ATLANTIC BEACH CODE
shall be deemed no impact projects and shall not require a concurrency certificate. It shall be
the applicant's responsibility to demonstrate and certify this provision in accordance with
concurrency review procedures.
(b) Applications for development orders for projects, which are deemed to have no impact
upon public facilities and services as defined in the preceding paragraph or projects which
have acquired statutory or common law vested rights, shall not require a concurrency
certificate. It shall be the applicant's responsibility to demonstrate and certify consistency
with this provision in accordance with concurrency review procedures.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-277. Application and review and approval requirements.
(a) The city shall provide administrative procedures to implement the concurrency
management system. The provisions and requirements of the concurrency management
system shall apply only to those facilities listed in the capital improvements element of the
comprehensive plan.
(b) All applicants for development orders shall be required to provide information as
deemed necessary by the city so that the impacts of the proposed development may be
accurately assessed.
(c) Where a determination of available concurrency is made, a concurrency certificate
shall be issued setting forth terms and conditions of the approval. In the case that a
concurrency certificate is revoked, denied or expires, the capacity reserved for that project is
released for use.
(d) Once a concurrency certificate is issued, any change in land area, use, intensity,
density or timing and phasing of the approved project, which results in increased impacts to
public facilities and services shall require modification to the concurrency certificate in
accordance with established procedures.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-278. Timing and completion of required public facility improvements.
In order to ensure that all public facilities included within this concurrency management
system are available concurrent with the impacts of development, concurrency shall be
determined during the review and approval process as applicable for the proposed
development and prior to the issuance of a final development order. All final development
orders shall specify any needed improvements and a schedule for their implementation
consistent with the requirements of this article. Thus, while some required improvements
may not have to be completed until a certificate of occupancy is applied for, the requirements
for the certificate of occupancy, or functional equivalent, shall have previously been
established as a binding condition of approval of the original final development order. If a
development proposal cannot meet the test for concurrency, then it may not proceed under
Supp. No. 45 1542
•
1
•
LAND DEVELOPMENT REGULATIONS § 24-279
any circumstances, and no development orders may be issued. Likewise, if a development
fails to meet a condition of approval once it has commenced, then no additional development
orders, permits, or certificates of occupancy shall be issued.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-279. Capacity and level of service inventory.
The city manager, or the city manager's designee, shall collect and make available to the
public as may be requested, information on capital facilities as identified within the capital
improvements element of the adopted comprehensive plan. The information shall be
available during the annual budget preparation process. The provisions and requirements of
the concurrency management system shall apply only to those facilities as listed within the
comprehensive plan. The following data shall be maintained and shall be used for the
purpose of concurrency assessment of the impacts of new development:
(a) Sanitary sewer.
(1) The design capacity of the wastewater treatment facilities.
(2) The existing level of service measured by the average number of gallons per day
per unit based on the average flows experienced at the treatment plant and the
total number of equivalent residential units within the service area.
(3) The adopted level of service standard for average daily flow per equivalent
residential unit.
(4) The existing deficiencies of the system.
(5) The capacities reserved for approved but unbuilt development within the
service area of the system.
(6) The projected capacities or deficiencies due to approved but unbuilt develop-
ment within the city or the service area of the system.
(7) The improvements to be made to the facility in the current fiscal year by the city
and the impact of such improvements on the existing capacities or deficiencies.
(8) The improvements to be made to the facility in the current fiscal year by any
approved developments pursuant to previous development orders and the
impact of such improvements on the existing capacities or deficiencies.
(b) Potable water.
(1) The design capacity of the city's potable water supply.
(2) The existing level of service measured by the average daily flow in gallons per
unit based on the total number of equivalent residential units within the service
area.
(3) The adopted level of service standards for the potable water system.
(4) The existing capacities or deficiencies of the system.
Supp. No. 45 1543
§ 24-279 ATLANTIC BEACH CODE
(5) The capacities reserved for approved but unbuilt development within the city
and the service areas.
(6) The improvements to be made to the facility in the current fiscal year by an
approved development pursuant to previously issued development orders and
the impact of such improvements on the existing capacities or deficiencies.
(7) The improvements to be made to the facility in the current fiscal year by the city
and the impact of such improvements on the existing capacities or deficiencies.
{c} Solid waste disposal.
(1) The design capacity of solid waste disposal facilities located in the city.
(2) The existing level of service measured by the amount of solid waste collected
and requiring disposal on a per capita basis.
(3) The adopted level of service standard for solid waste.
(4) The capacities required for approved but unbuilt development.
(5) The projected restraining capacities or deficiencies due to approved but unbuilt
development.
(6) The improvements to be made to the system in the current fiscal year by any
approved developments pursuant to previous development orders and the
impact of such improvements on the existing capacities or deficiencies.
(d) Stormwater and drainage.
(1) The existing level of service measured by storm events as determined by the
city. The adopted level of service standards for stormwater and drainage.
(2) The improvements to be made to the system in the current fiscal year by any
approved developments pursuant to previous development orders and the
impact of such improvements on the existing capacities or deficiencies.
(3) The improvements to be made to the system in the current fiscal year by the city
and the impact of such improvements on the existing capacities or deficiencies.
(4) The improvements scheduled by the city as part of the continuing implementa-
tion of the city's master stormwater plan, as may be updated.
(e) Recreation and open space.
(1) The existing supply of recreation and open space lands and the adequacy of
recreational facilities as outlined in the recreation and open space element of
the comprehensive plan.
(2) The existing level of service measured by the total acreage and facilities
available per the appropriate number of residents of the city based on a current
inventory of acreage and facilities in the city, or serving the city and the
population of the city.
Supp. No. 45 1544
•
•
•
e
LAND DEVELOPMENT REGULATIONS § 24-279
(3) The adopted level of service standards for park and open space lands and the
acreage and individual recreation facilities as outlined in the recreation and
open space element of the comprehensive plan.
(4) The existing capacities or deficiencies of the recreational facilities system with
consideration given to changing demographics and changing recreational
trends.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Supp. No. 45 1545
[The next page is 1983]
•
•
•
CODE COMPARATIVE TABLE
Ordinance Adoption
Number Date
Section
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
60-14-19 11-24-14 1 17-51(5)
90-15-223 1-26-15 1 Added 24-84(c)
95-15-109 5-11-15 1 23-8
23-21
23-22(1), (5)
23-33(b), (0(1)
Added 23-33(f)(1)e., f.,
(2)
23-35
5-15-62 5-11-15 2 14-17
60-15-20 6- 8-15 1 Rpld 17-51(c)
70-15-18 8-10-15 1 20-82, 20-83
95-15-111 11- 9-15 Added 24-84(d)
Added 24-161(m)
24-177(d)(1)c.
33-16-21 4-25-16 1 2-22
45-16-22 5-23-16 1 18-2-18-4
18-6-18-8
2 20-53, 20-54
20-56
58-17-40 4-24-17 1 2-300
2 2-301
3 2-303(f)(2)c.
4 2-305(a)
5 2-310.4(h), (1)(2)
Added 2-310.4(m)
6 2-310.5(b)(2)d.
7 2-310.16(5)
8 Added 2-310.18(a)(3)
2-310.18(b)(5)a.,
(c)(2)b.
Added 2-310(f)(1)—(4)
Rnbd 2-310(f)(1)—(9)
as 2-310(f)(5)—(13)
9 Added 2-310.19
58-17-41 4-24-17 1 2-261
2 2-264(f)(2)c.
3 2-266(a)
4 2-274(h), (1)(2)
Added 2-274(m)
Supp. No. 45 2009
ATLANTIC BEACH CODE
Ordinance Adoption Section
Number Date Section this Code
5 2-275(b)(2)d.
6 2-284(5)
7 2-285(b), (c)
8 Added 2-286(a)(3)
2-286(c)(2)b., c.
Added 2-286(f)(1)—(4)
Rnbd 2-286(f)(1)—(9)
as 2-286(f)(5)—(13)
95-17-114 4-24-17 1 Added 5-34-5-39
5-17-64 7-24-17 1 Added 23-52
2 23-23(d)(1)
3 23-25(a), (b)
90-17-228 10- 9-17 2 Added 24-175
65-17-39 12-11-17 1 Rpld 19-1, 19-2
Added 19-1, 19-2
3 Rpld 19-8
4 Added 19-20-19-27
5 Added 19-30-19-49
5-18-65 2-26-18 2(Exh. A) 2-19(7)
95-18-115 3-26-18 2 Added 4-16
3 2-146.1(a), (d)
90-18-231 4- 9-18 1(Exh. A) Rpld 24-51
Added 24-51
90-18-233 6-11-18 la 24-17
b 24-110(a)—(c)
c 24-111(b)
d 24-165
90-18-234 6-11-18 la 24-17
b Rpld 24-110(b)(9)
Rnbd 24-110(b)(10)—
(14)
as 24-110(b)(9)—
(13)
c Added 24-111(1), (18)
Rnbd 24-111(18)—(21)
as 24-111(19)—(22)
2 Added 24-169
25-18-44 7- 9-18 2 8-9
8-25(4)
8-53
8-55-8-57
8-62
95-18-116 8-27-18 1 Added 4-40-4-47
2 4-7(a)
80-18-88 11-26-18 1 22-27
22-166(a)
22-167
Supp. No. 45 2010
•
•
•
•
CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
5-18-66 1-14-19 1-3 14-17-14-19
4 Added 2-131(c)
5-18-67 1-14-19 1-3 23-52(c)(1), (2),
(e)
58-18-42 1-14-19 1 2-263(a)
58-18-43 1-14-19 1 2-302(a)
75-18-20 1-14-19 1 Rpld 21-1, 21-2,
21-16-21-26,
21-36-21-41,
21-50-21-54,
21-60-21-66,
21-75-21-85
2(Exh. A) Added 21-1-21-3,
21-16-21-21,
21-36-21-42,
21-50-21-55,
21-61-21-66,
21-76-21-85,
21-87-21-89
90-19-236 1-14-19 1 24-102
2 Added 24-115
5-19-68 2-11-19 1(Exh. A) Rpld 2-141-2-151,
Added 2-141-2-152
2(Exh. A) Rpld 2-161, 2-162,
2-167-2-169
3 6-121
7-27(c)
13-167
13-169
22-74(d)(2)
23-48(c)
23-51
24-267(e)
24-272(e)
90-19-238 2-25-19 1 24-17
2 24-64
3 24-66
4 24-104(0(1)
5 24-105(0(1)
6 24-106(0(1)
7 24-107(0(1)
8 24-108(0(1)
9 24-115(g)(1)
Supp. No. 45 2011
[The next page is 2043]
•
•
•
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 161.141 8-29
13-201 Ch. 9(note) Ch. 162 Ch. 2, Art, V,
23.011 Ch. 14(note) 2-147
Ch. 50 2-148 2-148
24-51 5-39
50.0211 24-51 7-27
50.041 2-148 20-54
50.051 2-148 Ch. 162, Pt. 1 2-147
57.105 9-7 19-8
60.05 2-168 162.01 et seq. 13-169
2-169 162.02 2-146
Ch. 12(note) 162.05 2-141
62-340.300 24-271 2-142
92.50 2-307 162.05(4) 2-145
Ch. 98 Char., § 38 162.06 2-147
98.045(3) Char., § 53 162.07 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) 19-47
112.311 Ch. 2, Art. II Ch. 163 Char., § 59
(note) 14-1(a)
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
Supp. No. 45 2053
F.S.
Section
Ch. 166, Pt. II
166.031
166.041
166.101
166.201
166.231
166.241
166.0415
166.0425
166.0445
Ch. 170
175.101
Ch. 177
Ch. 177, PtI
177.26
177.27(15)
177.041
177.051
177.061
177.091
177.101
Ch. 180
Ch. 185
185.06
185.08
185.35
185.221
Ch. 192
193.116
196.075
Ch. 202
202.11
202.11(1)
Ch. 205
ATLANTIC BEACH CODE
Section
this Code
Char., § 45
Char., § 60
Char., § 79
Char., § 18
24-51
Ch. 2, Art. VII
(note)
Ch. 2, Art. VII
(note)
Ch. 20(ooto)
Ch. 20, Art. II
(note)
2-311
19-8
Ch. 17(note)
24-17
Ch. 19(ooto)
20-77
24-17
24-204(b)
24-188(a)
24-204(a)
24-271
6-21(j)
24-204(b)
24-204(b)
24-204(b)
24-203(a)
24-204(b)
24-258(b), (e)
24-192
Ch. 19(note)
2-303
2-310.6
2-310.8
2-310.19
2-303
2-310.6
20-76
230.19
2-310.2
Ch. 20(note)
Char., § 58
20-82
20-83
19-32
19-20
19-20
Char., § 58
Ch. 20, Art. III
F.S.Supp. No. 45 2054
Section
Section this Code
(note)
205.022 20-51
205.042 20-52
205.043(2) 20'57
205.043(3) 20'57
205.058 20-54
205.058(I) 20-53
205'063 20-58
205.196 20-59
Ch. 218 Ch. 2, Art. VII
(note)
218.33 2'311
Ch. 252 2'403
Ch. 253 24-17
253.12 Ch. 5(note)
Ch. 280 2'264
2-303
380.02 2-264
2-303
286.011 Char., § 14
Ch. 2(note)
308.01 Ch. 5(note)
Ch. 316 Ch. 81(onto)
21-1
3I8.008 Ch. 21(oota)
3I6.008(1)(a)
316.195
316.1945
320.01
320.823
320.8249
Ch. 327
327.02.222.17
Ch. 333
334.03(21)
335.075
Ch. 337
337.401
337.401(3)
337/01(6)(b)
337.401(7)
Ch. 21, Art. II
(note)
Ch. 21, Art. II
(note)
Ch. 21(note)
21-17
8-52
6-23
8-63
Ch. 5(note)
24-174(e)(3)
19-35
19-37.2
19-1
Ch. 19(ooto)
19-32
19-35
19-31
19-32
19-41
19-31
19-41
19-37
19-37.2
•
•
•
F.S.
Section
337.403
337.404
Ch. 364
366.02
Ch. 367
Ch. 369
Ch. 372
Ch. 373
Ch. 373, Pt. II
373.036
373.421
380.04
381.006
381.0065
381.031(1)(g)1
381.031(g)3
381.261
381.986
Ch. 386
Ch. 395
402.311
403.413
403.415
403.9337
403.9338
413.08
Ch. 465
Ch. 469
Ch. 479
479.11
Ch. 481, Pt. II
482.1562(9)
Ch. 489
Ch. 496
496.01
509.233
509.233(2)
Ch. 513
513.01
Ch. 514
Ch. 538, Pt. I
538.03(1)(a)
STATUTORY REFERENCE TABLE
Section
this Code
19-25
19-36
19-32
8-24.1
Ch. 22(note)
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
22-352
8-29
24-271
24-17
4-29
8-29
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
24-17
24-169
Ch. 12(note)
2-307
24-152(d)
5-4
16-7
Ch. 11(note)
24-182
24-182
Ch. 3, Art. II(note)
24-17
24-169
Ch. 6, Art. IV
(note)
Ch. 17(note)
20-59
17-42
24-177(b)
24-182
Ch. 6(note)
18-4(g)(6)
20-59
Ch. 18(note)
24-158
24-158
Ch. 10(note)
10-1
Ch. 6, Art. VI
(note)
21-61
21-2
F.S.
Section
Ch. 552
Ch. 553
Ch. 553, Pt. VII
553.01 C
553.15 C
553.70 C
553.73
553.73(5)
553.73(10)(k)
Ch. 556
Section
this Code
Ch. 7(note)
2-147
Ch. 6(note)
6-21(p)
7-32
19-35
19-37.2
6-16
h. 6, Art. IV(note)
h. 6, Art. III(note)
h. 6, Art. II(note)
7-25
8-38
8-24.1
19-35
19-37.2
3-1
Ch. 3(note)
3-1
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)
Ch. 2,
Art. II(note)
Ch. 9(note)
Ch. 9,
Art. II(note)
9-16
Chs. 561-565
561.01
561.15
562.14(1)
562.45(2)
563.01
565.01
Ch. 569
590.12
604.50
Ch. 633
633.35
633.121
633.171
Ch. 650
Supp. No. 45 2055
650.02
650.05
674.105
Ch. 679, Pt. V
Ch. 705
705.16
Ch. 760
760.20
760.22
ATLANTIC BEACH CODE
F.S. Section F.S. Section
Section this Code Section this Code
760.23 9-17 874.08 2'167(a)
760.24 9-18 876.05 Char., § 68
760.25 9-22 828.02 4-1.1
700.29 9-23 893 2-I67(u)
760.37 9-24 893.03 13-4
Ch. 767 Ch. 3, 13-5
Art. II(note) 893.138 2'18I
767.10--767.16 4-8 893.147 13-5
4-9 932.701 Ch. 15,
4-10 Art. II(note)
767.12 4'12 Ch. 943 2-310.16
768.28 2-1(b)(1) 943.22 2-300
I9'8 943.25(8)(a) 13'I
775.082 2'810.11 943.1305 2'300
4-12
775.083 2'810.11
4-12
775.084 4'12
Ch. 790 15'22(g)(3)
790.15 13-3
Ch. 791 Ch. 7(note)
7-39
791.0I(4)(b) 13-13
791.01(4)(o) 13'13
79I.02(1) 18'13
Ch. 794 2'279
2-310.10
796.07 2'187(u)
800.04 2-279
2-310.10
806.I3 6-111
22-57
Ch. 812 13'I62
812.0I9 2'167(u)
812.171 13'163
812.178 I3'164
812.175 13-I67
13-169
812.I725 13-164
Ch. 823 Ch. 12(nnte)
823.14 24'182
Ch. 828 4'1.1
828.27 4-30
Ch. 838 2-279
2-310.10
847.001 17'2
847.00I(2) 24-17
24'111(u)(I1)
24'114(o)(2)
24-175
[The next page is 2081]
Supp. No. 45 2056
•
•
•
•
•
CODE INDEX
Section
A
ABANDONMENT
Animals and fowl
Abandoning animals 4-15
Beach access easements
Abandonment or vacation of prohibited 24-254(0
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)
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Abandonment of a communications facility or utility
pole 19-48
Zoning regulations
Supplementary regulations
Gas stations; discontinuance and abandonment of use 24-165(o)
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
Traffic and motor vehicles
Vehicles for hire
Advertising, manner of 21-77
Printed matter appearing on a vehicle for hire, except
limousines; certain information required; advertis-
ing regulated 21-78
AIR RIFLES, AIR PISTOLS, ETC.
Discharging prohibited 13-3
ALARMS
Fire prevention and life safety
False silent alarms
7-41
ALCOHOLIC BEVERAGES
Consumption and possession of open container upon public
property 3-9
Consumption on licensee's premises 3-8
Consumption on vendor's premises 3-10
Supp. No. 45 2101
ATLANTIC BEACH CODE
Section
ALCOHOLIC BEVERAGES (Cont'd.)
Definitions 3-1
Existing establishments and alcoholic beverage licenses
previously issued 3-6
Exposure of private parts in establishments serving alcoholic
beverages 13-17
Hours of sale 3-2
Licenses
Persons not holding license to sell 3-3
Lighting requirements on premises 3-7
Persons not holding license to sell 3-3
Premises where retail sales for off -premise consumption
are permitted 3-4
Premises where sales for on -premise consumption are
permitted 3-5
Restrictions on location of establishments 3-6
ALLEYS
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
Backyard hens
Definitions 4-41
Effects on other parts of this chapter 4-46
Enforcement 4-47
Permit required 4-42
Permitted locations 4-43
Purpose and intent 4-40
Required improvements 4-45
Requirements and prohibitions 4-44
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
Cruelty to animals 4-5
Supp. No. 45 2102
e
e
CODE INDEX
Section
ANIMALS AND FOWL (Contd.)
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
Rabies vaccinations 4-29
Running at large 4-24
Hens, See: Backyard hens
Injuries caused by animals 4-9
Interfering with performance of duties 4-2
Keeping or maintaining certain animals in the city 4-7
Legislative findings 4-8
Noise
Loud and raucous noises 11-2
Nuisances. See also that subject
Allowing animal carcass to remain in place 12-1(b)(1)
Keeping, feeding, etc., hogs, horses, chickens, etc., which
may be injurious to health and well-being of persons 12-1(b)(5)
Public sewers
Depositing animal excrement 22-71
Running at large
Dogs and cats. See herein that subject
Sales of dogs and cats
Requirements for 4-16
Severe injury by dog; impoundment; destruction 4-14
ANNEXATION
Certain ordinances saved from repeal 1-5
APPROPRIATIONS. See: FINANCES
ARRESTS
Arsonists
Reward for information leading to arrest and conviction 7-2
ARSONISTS
Reward for information leading to conviction of 7-2
ASSESSMENTS
Additional court costs assessed for police training 15-1
Insurance premium taxes, assessment of 20-76, 20-77
Supp. No. 45 2103
ATLANTIC BEACH CODE
AUDITS
Uniform travel policy and procedure
Auditing of travel expense reports or vouchers
B
BAIL BONDS
Additional court costs assessed for police training
Forfeited bail bonds
Section
2-365
15-1
BARRICADES
Building sewers and connections
Barricading, restoring excavations 22-111
BASEMENTS
Abandoned basements, nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
BEACHES
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Animals
Dogs and cats running at large 4-24
Dogs upon beaches to leashed, muzzled, etc. 4-25
Beach safety zone
Animals 5-17
Use of vehicles 5-16
Closing during emergencies 5-1
Lifeguards
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc. 2-6
Parking of sailboats not to obstruct lifeguard activities5-6
Lighting of fires 5-3
Littering 5-4
Motorized apparatus
Beach safety zone, use of vehicles 5-16
Operating within two hundred feet of beach 5-7
Parks, playgrounds and recreation. See also that subject
Public parks; use prohibited after dark 5-31
Sailboats, catamarans, vessels
Motorized apparatus. See herein that subject
Parking 5-8
Sailboats parked not to obstruct lifeguard activities 5-6
Transporting by motorized vehicle 5-7
Sea turtle protection
Definitions 5-35
Enforcement and penalties 5-39
Lighting
Existing, standards for 5-38
New construction, standards for 5-37
Supp. No. 45 2104
•
•
•
•
CODE INDEX
Section
BEACHES (Cont'd.)
Sea turtle protection (Cont'd.)
Prohibition of activities disruptive to marine turtles 5-36
Purpose and intent 5-34
Sleeping on the beach 5-2
Surfboards 5-5
Vessels. See herein: Sailboats, Catamarans Vessels
BEAUTIFICATION
Community development board
Duties of board re beautification of city 14-20(7)
BENEFITS OF EMPLOYEES. See: OFFICERS AND
EMPLOYEES
BIDS, BIDDING
Purchasing 2-331 et seq.
See: PURCHASES, PURCHASING
BILLBOARDS. See: SIGNS AND ADVERTISING
STRUCTURES
BIRD SANCTUARY. See also: ANIMALS AND FOWL
City designated sanctuary; trapping, hunting, molesting,
etc., of birds prohibited; exception 4-4
BITES
Animal bites 4-28
Dog bites, etc 2-29
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES
OF CITY
BOATS
Boat trailers. See: RECREATIONAL VEHICLES
Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq.
See: BEACHES
Zoning supplementary regulations
Damage to, destruction of environmentally sensitive areas 24-174(c)
Intent 24-174(a)
Live -aboard vessels prohibited 24-174(e)
Private property rights 24-174(f)
Public docks and anchoring and mooring restrictions 24-174(d)
Unlawful to discharge 24-174(b)
BOND ISSUES
Certain ordinances saved from repeal 1-5
BOND, SURETY
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Construction bond 19-45
Performance bond 19-46
Utility placement within city rights-of-way
When bond may be required 19-23
Supp. No. 45 2105
ATLANTIC BEACH CODE
Section
BONDS, BAIL
Additional court costs assessed for police training
Forfeited bail bonds 15-1
BONDS, BID
Purchasing procedure, bid deposits or bid bonds 2-333
BOOKS
Obscene matter prohibited 13-6
BUDGET
Certain ordinances saved from repeal 1-5
Director of finance's duties re 2-76
See also: FINANCES
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption 6-16
Amendments 6-17
Boathouses, docks and gazebos on docks 6-25
Construction site management 6-18
Nonhabitable major structures; residential dune crossover
structures 6-24
Property maintenance code
Adoption 6-120
Amendments 6-121
Schedule of building permit fees
Generally
Building and construction 6-26(a)(1)
Building permit refunds 6-26(a)(10)
Building permit renewal 6-26(a)(9)
Change of tenant 6-26(a)(8)
Demolition 6-26(a)(3)
Fence 6-26(a)(5)
Moving 6-26(a)(2)
Plan check 6-26(a)(4)
Reinspection 6-26(a)(6)
Sign erections 6-26(a)(7)
Plan review resubmittal fees
Fire alarm and signaling systems, each 6-26(b)(17)
For issuing each permit 6-26(b)(1)
Lighting outlets 6-26(b)(9)
Minimum fee 6-26(b)(18)
Multifamily per dwelling unit 6-26(b)(3)
Primary service 6-26(b)(10)
Reinspection 6-26(b)(21)
Repairs and miscellaneous 6-26(b)(20)
Signs 6-26(b)(7)
Smoke detectors wired into electrical system, excep-
tion 6-26(b)(16)
Swimming pools 6-26(b)(19)
Temporary services 6-26(b)(6)
Supp. No. 45 2106
•
•
•
•
CODE INDEX
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Building code (Cont'd.)
Schedule of building permit fees (Cont'd.)
Plan review resubmittal fees (Cont'd.)
Transformers 6-26(b)(11)
Wastewater system, building sewers and connections
Conformance with building code 22-106
Building official
Numbering of buildings
Duties of official 6-108
Building permits
Fire prevention and life safety 7-32
Building sewers and connections 22-101 et seq.
See: WASTEWATER SYSTEM
Community development board 14-16 et seq.
See: PLANNING
Electrical code 6-31 et seq.
See: ELECTRICAL CODE
Fire prevention and protection 7-1 et seq.
See: FIRE PREVENTION AND PROTECTION
Flood hazard areas 8-1 et seq.
See: FLOOD HAZARD AREAS
Land development regulations 24-1 et seq.
See: LAND DEVELOPMENT REGULATIONS
Loitering, sleeping, etc., in public buildings 13-2
Loud and raucous noises 11-2
Mechanical inspections 6-77
Nuisances. See also that subject
Abandoned building rubbish, material, etc 12-1(b)(7)
Permitting buildings to become dangerous, unsafe, etc12-1(b)(8)
Structurally unsound structures, etc 12-1(b)(6)
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
Supp. No. 45 2107
ATLANTIC BEACH CODE
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Water service
Temporary service for construction work
Section
22-17
BURNING, OPEN
Fire prevention and life safety 7-36
BUSINESS LICENSE
Local business license tax 20-51 et seq.
See: TAXATION
BUSINESS TRUSTS
Definition of "person" to include business trusts 1-2
C
CAMPERS. See: RECREATIONAL VEHICLES
CANALS. See: WATERCOURSES, WATERWAYS
CARNIVALS
Water service, temporary 22-17
CATS
Regulated 4-21 et seq.
See: ANIMALS AND FOWL
CEMETERIES
Definition of "public place" to include cemeteries 1-2
CERTIFICATES
Fire prevention and life safety
Permits and certificates 7-38
Land development regulations
Concurrency management system
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
Supp. No. 45 2108
1-2
•
•
•
CODE INDEX
Section
CHURCHES
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
Zoning supplementary regulations 24-153
CIRCUSES
Water service, temporary 22-17
CITY COMMISSION
Community development board
Certification of plans and recommendations to commis-
sion 14-21
Duties re commission 14-20
Defined 1-2
Members appointed by 14-17
Mayor -commissioner
Old -age and survivors insurance
Execution of agreements by mayor -commissioner 2-242
Meetings
Rules of conduct and procedure at 2-19
Special meetings, calling 2-17
Time and place of regular meetings 2-16
Quorum 2-18
Resignation from office; election procedures 2-21
Salary 2-20
Solid waste and recycling
Franchise agreements
Application; fee action by city commission 16-20
Voting districts 2-22
CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES
CITY OF ATLANTIC BEACH
Defined 1-2
CLOTHING
Beaches. See also that subject
Undressing or changing clothes
COCAINE. See: DRUGS
CODE OF ORDINANCES*
Amendments to code 1-9
Certain ordinances saved from repeal 1-5
Definitions and rules of construction 1-2
Effect of code on prior acts or rights 1-6
Effect of repeal of ordinances 1-7
General penalty; continuing violations 1-11
Headings and catchlines 1-3
*Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering
system and other matters pertaining to the use, construction and interpretation of this Code are
contained in the adopting ordinance and preface which are to be found in the preliminary pages
of this volume.
Supp. No. 45 2109
ATLANTIC BEACH CODE
Section
CODE OF ORDINANCES (Contid.)
History notes and references 1-4
How code designated and cited 1-1
Repeal
Certain ordinances saved from repeal 1-5
Effect of repeal 1-7
Severability of parts of code 1-8
Supplementation of code 1-10
Violations
General penalty; continuing violations 1-11
COMMERCIAL CORRIDOR DEVELOPMENT
Land development regulations; zoning regulations
Commercial corridor development standards 24-171
COMMISSION. See: CITY COMMISSION
COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN-
CIES OF CITY
COMMUNITY DEVELOPMENT BOARD
Provisions re 14-16 et seq.
See: PLANNING
COMPREHENSIVE PLAN
Provisions re 14-1
CONCURRENCY MANAGEMENT SYSTEM
Regulations for 24-273 et seq.
See: LAND DEVELOPMENT REGULATIONS
CONFISCATED PROPERTY
Disposition of 15-16 et seq.
See: POLICE DEPARTMENT
CONSERVATION
Trees and native vegetation protection 23-1 et seq.
See: TREES AND NATIVE VEGETATION PROTEC-
TION
Water conservation 22-39
CONSTRUCTION
Buildings and building regulations. See that subject
Loud and raucous noises 11-2
Solid waste and recycling
Franchise agreements
Private refuse collectors; collection of commercial
recycling and construction and demolition debris . 16-18
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Construction bond 19-45
Construction within and/or use of city rights-of-way 19-1
Zoning regulations 24-31 et seq.
See: LAND DEVELOPMENT REGULATIONS
Supp. No. 45 2110
•
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•
•
•
40
CODE INDEX
Section
CONTRACTS AND AGREEMENTS
Certain ordinances saved from repeal 1-5
Franchise agreements 16-12 et seq.
See: SOLID WASTE AND RECYCLING
When contracts and expenditures prohibited 2-314
CONTROLLED SUBSTANCES, See: DRUGS
CONVENIENCE BUSINESS SECURITY ACT
Civil fines 13-169
Definitions 13-163
Employee training 13-165
Inspections 13-166
Security requirements 13-164
Severability 13-168
Short title, purpose, and authority 13-162
CORPORATIONS
Definition of "person" to include corporation 1-2
COUNTY. See: DUVAL COUNTY
COURTS
Confiscated or lost property
Provisions re county court 15-16 et seq.
Police training
Additional court costs assessed for 15-1
CRUELTY TO ANIMALS
Generally 4-5
CURFEW
Provisions re minors in public places 13-153 et seq.
See: MINORS
D
DEFACING PROPERTY, ETC.
Building numbers
Removing or defacing 6-111
Public sewers
Defacing, damaging, etc 22-57
DEPARTMENTS AND OTHER AGENCIES OF CITY
City commission 2-16 et seq.
See: CITY COMMISSION
Community development board 14-16 et seq.
See: PLANNING
Definition 1-2
Department of finance 2-71 et seq.
See: FINANCES
Department of public utilities 2-84 et seq.
See: UTILITIES
Supp. No. 45 2111
ATLANTIC BEACH CODE
Section
DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.)
Department of public works 2-79 et seq.
See: PUBLIC WORKS AND IMPROVEMENTS
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Lifeguard division 2-63
Local planning agency 14-22
Officers and employees. See that subject
Board of trustees of city employees' retirement system 2-264 et seq.
Police officers' retirement system board of trustees 2-302 et seq.
Police department 2-51 et seq.
See: POLICE DEPARTMENT
Reappointment to boards and committees 2-131
Special magistrate 2-141 et seq.
See: SPECIAL MAGISTRATE
Tree and vegetation regulations
Violations, enforcement and penalties
Environmental stewardship committee; intent 23-52
Tree conservation board 23-19, 23-20
Zoning administration 24-46 et seq.
See: LAND DEVELOPMENT REGULATIONS
DEVELOPMENT
Community development board 14-16 et seq.
See: PLANNING
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Revocation or suspension of development permits 19-38
DISABLED PERSONS
Police officers' retirement system
Disability 2-307
DISASTERS
Community development board
Duties of board re reconstruction, replanning, etc., of
areas damaged by fires, floods, etc. 14-20(12)
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
Supp. No. 45 2112
•
•
•
CODE INDEX
Section
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
Building sewers and connections
Foundation drains, surface runoff, etc. 22-108
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
Subdivision and site improvement regulations
Design and construction standards 24-253
DRUGS (Cocaine, marijuana, hashish, controlled substances,
etc.)
Drug paraphernalia
Definitions 13-4
Sale, display, etc., of paraphernalia 13-5
Land development regulations
Zoning regulations
Supplementary regulations
Pharmacies and medical marijuana treatment center
dispensing facilities 24-169
DUVAL COUNTY
Definition of "county" 1-2
E
EARTHQUAKES
Community development board
Duties of board re replanning, reconstruction, etc., of
areas damaged by earthquakes
EASEMENTS
Subdivision and site improvement regulations
Supp. No. 45 2113
14-20(12)
ATLANTIC BEACH CODE
Section
EASEMENTS (Cont'd.)
Subdivision and site improvement regulations (Cont'd.)
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
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
Waterworks system
Right of city to restrict use of water in cases of emergency 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
Supp. No. 45 2114
•
•
•
•
•
•
CODE INDEX
Section
EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES
ENCLOSURES. See: FENCES, WALLS, HEDGES AND
ENCLOSURES
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
Tree and vegetation regulations
Violations, enforcement and penalties
Environmental stewardship committee; intent 23-52
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
Building sewers and connections
Barricading, restoring excavations 22-111
Excavations, conformance with building and plumbing
codes 22-106
EXPLOSIVE LIQUIDS, SOLIDS, ETC.
Public sewers, use of
Prohibited discharges 22-129
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
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
Supp. No. 45 2115
7-41
ATLANTIC BEACH CODE
Section
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)
FIDUCIARIES
Definition of "person" to include fiduciaries 1-2
FILTH
Nuisances enumerated 12-1
Abatement of nuisances, etc. See: NUISANCES
FINANCES
Allotments constitute basis of expenditures and are subject
to revision 2-312
Appropriations
Allotments constitute basis of expenditures and subject
to revision 2-312
Certain ordinances saved from repeal 1-5
Lapse of appropriations 2-315
Transfer of appropriations 2-313
When contracts and expenditures prohibited 2-314
Certain ordinances saved from repeal 1-5
Charitable contributions prohibited 2-2
Contracts and agreements. See also that subject
When contracts and expenditures prohibited 2-314
Department of finance
Created 2-72
Director of finance
Appointment 2-71
Assisting in preparation of budget; accepting other
responsibilities 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
Supp. No. 45 2116
•
•
•
CODE INDEX
Section
FINANCES (Cont'd.)
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
Life guard division 2-63
FIRE HYDRANTS
Fire prevention and life safety
Fire hydrants and fire department connections 7-35
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
Supp. No. 45 2117
ATLANTIC BEACH CODE
Section
FIRE PREVENTION AND PROTECTION (Cont'd.)
Fire prevention and life safety (Cont'd.)
Dangerous conditions
Notice to eliminate 7-21
Compliance 7-23
Summary abatement 7-26
Definitions 7-17
False silent alarms 7-41
Fees 7-30
Fire hydrants and fire department connections 7-35
Fireworks 7-39
Hazardous materials identification and information 7-34
Inspection 7-19
Authority to require exposures or stop work 7-24
Appeals 7-25
Fees 7-30
Right of entry 7-20
Investigating fires, authority 7-28
Key vault security requirement 7-29
Modifications 7-42
Occupant load/overcrowding 7-40
Open burning 7-36
Permits and certificates 7-38
Building permits 7-32
Fees 7-30
Purpose and intent 7-16
Right of entry 7-20
Service of orders 7-22
Appeals 7-25
Compliance 7-23
Smoke detection power source 7-33
Stop work, authority to require 7-24
Appeals 7-25
Street address identification 7-37
Testing, fees 7-30
Violations
Penalties and other remedies for violations 7-27
Service of orders to correct violations 7-22
Summary abatement 7-26
Reward for information leading to conviction of arsonists7-2
Title 7-1
Water service charges
Private fire protection service 22-30
Zoning regulations
Replacement of lawfully existing residential uses includ-
ing fire -damaged buildings 24-87
FIREARMS AND WEAPONS
Disposal of confiscated or lot firearms 15-22
Supp. No. 45 2118
•
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e
CODE INDEX
Section
FIREARMS AND WEAPONS (Cont'd.)
Replica firearms
Definitions 13-8
Possession and use regulated 13-9
Trapping, hunting, molesting, etc., of birds prohibited;
exception 4-4
FIRES
Beaches, fires 5-3
Community development board
Duties re board for redevelopment, reconstruction, etc., of
areas damaged by fires, floods, etc. 14-20(12)
Nuisances
Permitting buildings to become unsafe, dangerous, etc.,
because of fire 12-1(b)(8)
Abatement of nuisances, etc. See: NUISANCES
Water service, provisions re meters destroyed by fire
Basis for billing if meter fails to register 22-24
FIREWORKS
Fire prevention and life safety
Provisions re fireworks 7-39
Noise provisions; exceptions 11-5
Regulation of fireworks 13-13
FIRMS
Definition of "person" to include firms 1-2
FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC.
Public sewers, use of
Prohibited discharges 22-129
FLEA MARKETS
Defined; prohibited 13-11
FLOOD HAZARD AREAS
Administration
Applicability
Abrogation and greater restrictions 8-12
Areas to which this chapter applies 8-8
Basis for establishing flood hazard areas 8-9
General 8-7
Interpretation 8-13
Other laws 8-11
Submission of additional data to establish flood hazard
areas 8-10
Coordination with the Florida Building Code 8-4
Disclaimer of liability 8-6
Floodplain administrator, duties and powers of the
Applications and permits 8-16
Designation 8-14
Floodplain management records 8-22
General 8-15
Supp. No. 45 2119
ATLANTIC BEACH CODE
Section
FLOOD HAZARD AREAS (Cont'd.)
Administration (Cont'd.)
Floodplain administrator, duties and powers of the (Cont'd.)
Inspections 8-20
Modifications of the strict application of the require-
ments of the Florida Building Code 8-18
Notices and orders 8-19
Other duties of the floodplain administrator 8-21
Substantial improvement and substantial damage
determinations 8-17
Inspections
Buildings
Final inspection 8-36
Lowest floor inspection 8-35
Structures and facilities exempt from the Florida
Building Code 8-34.2,
Development other than buildings and structures 8-34.1
General 8-34
Manufactured homes 8-37
Intent 8-3
Permits
Application for a permit or approval 8-25
Buildings, structures and facilities exempt from the
Florida Building Code 8-24.1
Expiration 8-27
Floodplain development permits or approvals 8-24
Other permits required 8-29
Required 8-23
Suspension or revocation 8-28
Validity of permit or approval 8-26
Scope 8-2
Site plans and construction documents
Additional analyses and certifications 8-32
Information for development in flood hazard areas 8-30
Information in flood hazard areas without base flood
elevations (approximate Zone A) 8-31
Submission of additional data 8-33
Variances and appeals
Appeals 8-39
Conditions for issuance of variances 8-45
Considerations for issuance of variances 8-44
Functionally dependent uses 8-43
General 8-38
Historic buildings 8-42
Limitations on authority to grant variances 8-40
Restrictions in floodways 8-41
Violations
Authority 8-48
Unlawful continuance 8-49
Violations 8-46
Supp. No. 45 2120
•
•
•
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CODE INDEX
Section
FLOOD HAZARD AREAS (Cont'd.)
Administration (Cont'd.)
Warning 8-5
Community development board 14-16 et seq.
See: PLANNING
Definitions
Scope 8-50
Terms defined in the Florida Building Code 8-51
Terms not defined 8-52
Flood resistant development
Buildings and structures, subdivisions, site improve-
ments
Buildings and structures seaward of the coastal construc-
tion control line 8-54
Design and construction of buildings, structures and
facilities exempt from the Florida Building Code8-53
Limitations on placement of fill 8-61
Limitations on sites in coastal high hazard areas (zone
V) 8-62
Limitations on sites in regulatory floodways 8-60
Minimum requirements; site improvements, utilities
and limitations 8-57
Sanitary sewage facilities 8-58
Subdivision plats 8-56
Minimum requirements, subdivisions 8-55
Water supply facilities 8-59
Manufactured homes
Anchoring 8-65
Elevation 8-66
Elevation requirement for certain existing manufactured
home parks and subdivisions 8-67
Enclosures 8-68
Foundations 8-64
General 8-63
General elevation requirement 8-66.1
Utility equipment 8-69
Other development
Concrete slabs used as parking pads, enclosure floors,
landings, decks, walkways, patios and similar non-
structural uses in coastal high hazard areas (zone
V) 8-79
Decks and patios in coastal high hazard areas (zone V) 8-80
Fences in regulated floodways 8-76
General requirements for other development 8-75
Nonstructural fill in coastal high hazard areas (zone V) 8-82
Other development in coastal high hazard areas (zone
V) 8-81
Retaining walls, sidewalks and driveways in regulated
floodways 8-77
Supp. No. 45 2121
ATLANTIC BEACH CODE
Section
FLOOD HAZARD AREAS (Cont'd.)
Flood resistant development (Cont'd.)
Other development (Cont'd.)
Roads and watercourse crossings in regulated •flood -
ways 8-78
Recreational vehicles and park trailers
Permanent placement 8-70.1
Temporary placement 8-70
Tanks
Above -ground tanks, elevated 8-73
Above -ground tanks, not elevated 8-72
Tank inlets and vents 8-74
Underground tanks 8-71
FLOODS
Community development board
Duties of board re reconstruction, replanning, etc., of
areas damaged by flood 14-20(12)
FOOD AND FOOD ESTABLISHMENTS
Alcoholic beverage sales in restaurants, etc. 3-2 et seq.
Loitering in restaurants, luncheonettes, etc. 13-2
Uniform travel policy and procedure for city employees
Schedule for meal allowance 2-360
Subsistence 2-361
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Agreements, franchise 16-12 et seq.
See: SOLID WASTE AND RECYCLING
Certain ordinances saved from repeal 1-5
FRAUD
Uniform travel policy and procedure
Fraudulent claims 2-366
G
GARAGE SALES
Flea markets by definition re; prohibited 13-11
Zoning regulations
Outdoor display, sale and storage of furniture, household
items, merchandise outside of enclosed buildings 24-154
GARBAGE AND REFUSE
Beaches, leaving refuse on 5-4
Nuisances. See also that subject
Abandoned building material, building rubbish, etc. 12-1(b)(7)
Abandoned debris, etc 12-1(b)(6)
Depositing garbage, etc. 12-1(b)(2)
Depositing rubbish 12-1(b)(3)
Supp. No. 45 2122
•
•
•
CODE INDEX
Section
GARBAGE AND REFUSE (Contd.)
Public sewers, use of
Limitations on discharge concentrations or quantities ... 22-130
Prohibited discharges of unground garbage, etc 22-129(4)
Recyclable materials. See also herein: Solid Waste Provi-
sions
Removal prohibited 13-10
Solid waste and recycling 16-1 et seq.
See: SOLID WASTE AND RECYCLING
GAS
Mechanical code
Gas piping permit fee 6-77(2)
Public service tax on gas, electricity, etc. 20-16 et seq.
See: TAXATION
Public sewers, use of
Prohibited discharges 22-129
GAS STATIONS
Zoning regulations 24-165
GASOLINE
Public sewers, use of
Prohibited discharges 22-129
GENDER
Defined 1-2
GLASS
Nuisances. See also that subject
Open storage of glass, building material, etc. 12-1(b)(7)
Public sewers, use of
Prohibited discharges of metal, glass, etc. 22-129(4)
GRASS CLIPPINGS
Public sewers, use of
Prohibited discharges of grass clippings 22-129(4)
Solid waste and recycling
Leaves and grass clippings; tree trunks 16-4
GREASE. See: OILS, GREASE
GUNS. See: FIREARMS AND WEAPONS
H
HASHISH. See: DRUGS
HEALTH AND SANITATION
Noise provisions
Noise which endangers health or safety of others
Nuisances enumerated
Unsanitary conditions, conditions injurious to health of
community, etc.
Supp. No. 45 2123
12-1
ATLANTIC BEACH CODE
Section
HEALTH AND SANITATION (Cont'd.)
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
HEAT PUMPS
Building sewers and connections
Drainage from water -source heat pumps
Discharging water from heat pumps, nuisance provisions
Abatement of nuisances, etc. See: NUISANCES
Public sewers, use of
Discharging unpolluted waters from heat pumps into
sanitary sewers
HEIGHT
Zoning height regulations
Exceptions to height limitations
HEIGHT LIMITS
Signs and advertising structures
Calculation of permitted sign size
HERITAGE TREES. SEE: TREES AND NATIVE VEGETA-
TION PROTECTION
HISTORIC CORRIDORS AND HERITAGE TREES
Trees and native vegetation protection
See: TREES AND NATIVE VEGETATION PROTEC-
TION
22-108
12-1(b)
22-127
24-156
17-63
23-1 et seq.
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: FAIR HOUSING
Mobile homes 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL
VEHICLES
Solid waste and recycling
Franchise agreements
Residential and commercial solid waste collection
franchise 16-12
HUMAN RELATIONS
Complaints 9-4
Supp. No. 45 2124
•
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•
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CODE INDEX
Section
HUMAN RELATIONS (Cont'd.)
Criminal acts 9-6
Definitions 9-2
Exemptions 9-5
Fair housing 9-17 et seq.
See: FAIR HOUSING
False claims 9-7
Prohibited conduct 9-3
Purpose 9-1
HUNTING
Hunting birds, wild fowl, etc 4-4
IMPOUNDMENT
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)
Land development regulations
Concurrency management system and proportionate fair -
share
Timing and completion of required public facility
improvements 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
Obscene matter prohibited
INSECTS, INSECT CONTROL
Nuisances enumerated
Allowing stagnant water to accumulate, prevention of the
propagation of mosquitoes
Abatement of nuisances, etc. See: NUISANCES
13-17
13-6
12-1(b)(4)
INSURANCE
Insurance premium taxes 20-76 et seq.
See: TAXATION
Old -age and survivors insurance 2-241 et seq.
See: OFFICERS AND EMPLOYEES
Streets, sidewalks and other public places
Communications facilities in public rights-of-way 19-43
Supp. No. 45 2125
ATLANTIC BEACH CODE
Section
IRRIGATION
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
L
LAKES. See: WATERCOURSES, WATERWAYS
Supp. No. 45 2126
•
•
•
•
•
CODE INDEX
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.)
Development review and issuance of development permits
(Cont'd.)
Procedures 24-67(b)
Purpose 24-67(a)
Retention of expired plans 24-67(h)
Site development plan required 24-67(c)
Establishment of districts
Central business district (CBD) 24-114
Commercial general districts (CG) 24-111
Commercial limited district (CL) 24-110
Commercial, professional office (CPO) 24-109
Conservation district (CON) 24-103
Intent and purpose 24-101
Light industrial and warehousing districts (LIW) 24-112
Residential, multi -family district (RG -M) 24-108
Residential, Selva Marina district (R -SM) 24-115
Residential, single-family district (RS -1) 24-105
Residential, single-family district (RS -2) 24-106
Residential, single-family large lot district (RS -1) 24-104
Residential, two-family district (RG) 24-107
Special purpose district (SP) 24-113
Zoning districts established 24-102
Fees
Engineering and review fees 24-69(b)
Planning and zoning fees 24-69(a)
Specific use review fees 24-69(d)
Utilities review fees 24-69(c)
General provisions and exceptions
Design and construction standards
Two-family (duplex) dwellings and townhouse units 24-88
Double frontage lots 24-84(a)
Garage apartments (as allowed in combination with
private garages) 24-89
General restrictions upon land, buildings and structures
Density 24-82(e)
Duplicates or externally similar dwellings 24-82(h)
Flood protection 24-82(k)
Height 24-82(c)
Minimum floor area for residential dwelling units24-82(j)
Number of buildings allowed on a single-family or
two-family (duplex) lot 24-82(b)
Open space use limitation 24-82(f)
Percentage of lot occupancy 24-82(d)
Required Lot and occupancy 24-82(g)
Short-term rentals prohibited 24-82(1)
Temporary residence 24-82(i)
Use 24-82(a)
Supp. No. 45 2131
ATLANTIC BEACH CODE
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.) (Cont'd.)
General provisions and exceptions (Cont'd.)
Nonconforming lots, uses and structures
Intent
Nonconforming lots of record
Nonconforming structures
Nonconforming uses
Continuation
Discontinuance
Relocation or expansion
Residential uses
Replacement of lawfully existing residential uses
damaged, destroyed by fire, weather related or
unintended acts
Multi -family dwellings
Single-family dwellings
Two-family dwelling
Special treatment of lawfully existing uses affected
by future amendments or land development
regulations
Amendments to the land development regulations
Changes to the official zoning map
Rules for determining boundaries
Yards, required; permitted projections
Mechanical equipment
Required yards
Structural projections
Land clearing and alteration of site grade or topography
Landscaping
Applicability
Definitions
Landscape plan required
Vehicular use area interior landscaping requirements
Criteria for distribution
Incompatible or different use classifications
Buffers required between
Intersection visibility
Landscape design standards
Maintenance and protection of landscaping
Open to the public
Perimeter landscaping requirements
Driveways to adjoining lots
Driveways to streets
Existing landscape screen
Perimeter landscaping adjacent to lot lines
Street frontage landscaping
Specialized vehicular use areas closed to the public
Scope
Supp. No. 45 2132
Section
24-85(a)
24-85(b)
24-85(c)
24-85(d)(1)
24-85(d)(3)
24-85(d)(2)
24-87(c)
24-87(a)
24-87(b)
24-86(b)
24-86(a)
24-81
24-83(c)
24-83(a)
24-83(b)
24-68
24-177(a)
24-176
24-177(b)
24-177(c)(3)
24-177(e)
24-177(h)
24-177(f)
24-177(g)
24-177(c)(1)
24-177(d)(5)
24-177(d)(4)
24-177(d)(3)
24-177(d)(2)
24-177(d)(1)
24-177(c)(2)
24-31
•
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CODE INDEX
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.) (Cont'd.)
Special Planned Area District (SPA)
Defined
Development standards and criteria
Effect on previously approved PUDs
Expiration of time limits provided in ordinance
Master site development plan required
Modifications to previously approved districts or master
site development plans, or PUDs
Permitted uses and site requirements
Platting
Purpose and intent
Required
Rezoning to special planned area district
Materials to accompany application
Ownership and commitment information
Procedure
Stormwater, drainage, storage and treatment require-
ments
Enforcement
Floodplain storage
NPDES requirements
On-site storage
Stormwater treatment
Topography and grading
Variances to impervious surface area limits
Supplementary regulations
Accessory uses and structures
Authorization
By zoning district
In any zoning district; except as to private swimming
pools
Within all residential zoning districts
Boats and watercraft
Damage to, destruction of environmentally sensitive
areas
Intent
Live -aboard vessels prohibited
Private property rights
Public docks and anchoring and mooring restrictions
Unlawful to discharge
Buffers
Required between residential and nonresidential uses
Child care
Churches
Commercial corridor development standards
Building form and finish materials
Delineation of commercial corridors
Fences
Supp. No. 45 2133
Section
24-117
24-121
24-126
24-125
24-122
24-124
24-119
24-123
24-116
24-118
24-120(c)
24-120(b)
24-120(a)
24-66(f)
24-66(c)
24-66(e)
24-66(b)
24-66(d)
24-66(a)
24-66(g)
24-151(a)
24-151(b)
24-151(b)(2)
24-151(b)(1)
24-174(c)
24-174(a)
24-174(e)
24-174(0
24-174(d)
24-174(b)
24-167
24-152
24-153
24-171(c)
24-171(b)
24-171(0
ATLANTIC BEACH CODE
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.) (Cont'd.)
Supplementary regulations (Cont'd.)
Commercial corridor development standards (Cont'd.)
Intent 24-171(a)
Landscaping and required buffers 24-171(g)
Lighting 24-171(e)
Signs 24-171(d)
Dumpsters, garbage containers and refuse collection
areas and above -ground tanks 24-160
Establishments offering live entertainment 24-155
Exceptions to height limitations 24-156
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)
Gas stations 24-165
Access to site 24-165(b)
Buffer distance between gas stations 24-165(1)
Discontinuance and abandonment of use 24-165(o)
Effect on existing gas stations 24-165(n)
Enhanced landscaping 24-165(g)
Frontage on commercial arterials 24-165(f)
Hours of operation 24-165(i)
Lighting 24-165(d)
Location of fuel pumps and structures 24-165(c)
Lot dimensions 24-165(a)
Number of fuel pumps 24-165(e)
Outdoor sales of consumable goods 24-165(k)
Reconstruction 24-165(p)
Signage 24-165(j)
Variances 24-165(h)
Home occupations
Approved in accordance with section 24-63 24-159(b)
Intent 24-159(a)
Land clearing, tree removal or damage to existing trees
and vegetation 24-168
Mayport business overlay district 24-175
Applicability 24-175(b)
Commercial vehicle regulations 24-175(e)
Effect of other code provisions 24-175(g)
Outside storage regulations 24-175(f)
Permitted uses 24-175(c)
Purpose and intent 24-175(a)
Uses -by -exception 24-175(d)
Neighborhood preservation and property maintenance
standards
Appropriate maintenance and upkeep 24-173(b)
Supp. No. 45 2134
•
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•
CODE INDEX
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.) (Cont'd.)
Supplementary regulations (Cont'd.)
Neighborhood preservation and property maintenance
standards (Cont'd.)
Purpose and intent
Off-street parking and loading
Additional requirements for multi -family residential
uses
Bicycle parking
Design requirements
General requirements and limitations for parking
areas
Location of required off-street parking spaces
Measurement
Off-street loading spaces
Parking areas and tree protection
Parking space requirements
Plans required
Purpose and intent
Uses not specifically mentioned
Outdoor display, sale, storage of furniture, etc.; busi-
ness activities outside of enclosed buildings
Parking lots
Pharmacies and medical marijuana treatment center
dispensing facilities
Repair of vehicles in residential zoning districts
Residential development standards
Additional standards
Height to wall plate
Requests to vary from residential development
standards
Shade trees
Side wall planes
Special treatment for certain existing single-
family and two-family dwellings
Third floor footprint
Applicability
Purpose and intent
Signs
Storage and parking
Commercial vehicles and recreational vehicles and
equipment
Swimming pools
Fences
Lights
Setbacks
Use -by -exception
Variances
Application
Supp. No. 45 2135
Section
24-173(a)
24-161(j)
24-161(k)
24-161(g)
24-161(b)
24-161(0
24-161(d)
24-161(i)
24-161(1)
24-161(h)
24-161(c)
24-161(a)
24-161(e)
24-154
24-162
24-169
24-163
24-172(c)(2)
24-172(e)
24-172(c)(4)
24-172(c)(1)
24-172(d)
24-172(c)(3)
24-172(b)
24-172(a)
24-166
24-163
24-164(c)
24-164(a)
24-164(b)
24-63
24-64(a)
ATLANTIC BEACH CODE
Section
LAND DEVELOPMENT REGULATIONS (Cont'd.)
Zoning regulations (Cont'd.) (Cont'd.)
Variances (Cont'd.)
Approval of a variance 24-64(e)
Approval of lesser variances 24-64(e)
Grounds for approval of a variance 24-64(d)
Grounds for denial of a variance 24-64(c)
Nearby nonconformity 24-64(f)
Public hearing 24-64(b)
Time period to implement variance 24-64(h)
Transferability 24-64(i)
Waiting period for re -submittal 24-64(g)
LANDSCAPING
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
Zoning provisions re 24-165 et seq.
See: LAND DEVELOPMENT REGULATIONS
LEASHING DOGS
Provisions re 4-25
LICENSES AND PERMITS
Alcoholic beverages
Persons not holding licenses to sell 3-3
Building code
Schedule of building permit fees 6-26
Building sewers and connections, permits 22-102, 22-103
Charitable solicitations 18-2 et seq.
See: SOLICITORS, PEDDLERS, ETC.
Development permits
Flood hazard areas 8-23 et seq.
See: FLOOD HAZARD AREAS
Zoning regulations 24-67
See: LAND DEVELOPMENT REGULATIONS
Franchise agreements 16-12 et seq.
See: SOLID WASTE AND RECYCLING
Local business license tax 20-51 et seq.
See: TAXATION
Mechanical permits 6-77
Plumbing permit 6-58 et seq.
See: PLUMBING CODE
Private wastewater disposal, permits 22-88
Sign permits 17-61 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
Streets, sidewalks and other public places 19-2 et seq.
See: STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
Supp. No. 45 2136
•
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•
•
CODE INDEX
LIFEGUARDS
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc
Parking of sailboats on beaches not to obstruct lifeguard
activities
Other regulations. See: BEACHES
LIGHTS, LIGHTING
Alcoholic beverage establishments
Lighting requirements on premises
Beaches
Sea turtle protection
Lighting
Existing, standards for
New construction, standards for
Mobile home parks and recreation vehicle parks
Illuminating at night
Zoning regulations
Supplementary regulations
Gas stations; lighting
LITTERING
Beaches, leaving refuse
LOCAL BUSINESS LICENSE TAX. See: TAXATION
LOCAL LAND DEVELOPMENT REGULATION COMMIS-
SION
Community development board designated as
See: PLANNING
LOCAL PLANNING AGENCY
Community development board designated as
See also: PLANNING
LOITERING
Provisions re
LOST PROPERTY
Disposition of by police
See: POLICE DEPARTMENT
LOTS
Land development regulations
Concurrency management system
Environmental and natural resource regulations
Generally
Subdivision and site improvement regulations
Zoning regulations
See: LAND DEVELOPMENT REGULATIONS
Solid waste and recycling
Removal of lot clearing, contractors' debris; oil and grease
Supp. No. 45 2137
Section
2-6
5-6
3-9
5-38
5-37
10-2(2)
24-165(d)
5-4
14-22
14-22
13-2
15-16
24-273 et seq.
24-262 et seq.
24-1 et seq.
23-286 et seq.
24-31 et seq.
16-8
ATLANTIC BEACH CODE
Section
LOTS (Cont'd.)
Vacant lots
Dogs and cats running at large 4-24
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles 16-7
LOUDSPEAKERS
Alcoholic beverage establishments
Playing of musical or noise -producing equipment outside
of buildings
3-10
MAGAZINES
Obscene matter prohibited 13-6
MAIL
Definition of "registered mail" 1-2
MAPS
Community development board
Recommending proposed changes in official map of city . 14-20(3)
Land development regulations
Subdivision and site improvement regulations 23-286 et seq.
Zoning regulations 24-31 et seq.
See: LAND DEVELOPMENT REGULATIONS
MARIJUANA. See: DRUGS
MAYOR -COMMISSIONER. See: CITY COMMISSION
MECHANICAL CODE
Adoption
6-76
Inspection fee 6-77
METERS
Water meters 22-19 et seq.
See: WATERWORKS SYSTEM
MINORS
Definition of "person" to include children 1-2
Minors on streets and public places
Curfew 13-153
Definitions 13-152
Owners of public places, responsibilities 13-154
Parents' responsibility 13-155
Procedures 13-157
Short title 13-151
Special functions 13-156
Violations; penalties 13-158
Supp. No. 45 2138
•
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CODE INDEX
Section
MINORS (Cont'd.)
Nuisances
Abandoned refrigerators, vehicles, etc., proving hazards
for inquisitive minors 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Sexual predators residency requirement 13-161
MISDEMEANORS
State misdemeanors 13-1
MOBILE HOMES AND RECREATIONAL VEHICLES
(Mobile homes, campers, travel trailers, boats, etc.)
Definitions 10-1
Minimum requirements for parks 10-2
Zoning regulations
Storage and parking of commercial vehicles and
recreational vehicles and equipment 24-163
See also: LAND DEVELOPMENT REGULATIONS
MONTH
Defined
1-2
MOSQUITOES
Nuisances enumerated
Preventing propagation of mosquitoes 12-1(b)(4)
Abatement of nuisances, etc. See: NUISANCES
MOTOR VEHICLES AND OTHER VEHICLES
Beaches
Operating motorized apparatus within two hundred feet
of 5-7
Use of vehicle on beach safety zone 5-16
Loud and raucous noises 11-2
Nuisances enumerated 12-1(b)(6), (7)
Abatement of nuisances, etc. See: NUISANCES
Obstruction of passage of vehicle 13-2
Recreational vehicles 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL
VEHICLES
Repair of vehicles in residential zoning districts 24-163
N
NATIVE VEGETATION. See: TREES AND NATIVE VEGETA-
TION PROTECTION
NOISE
Animal or bird noises
Nuisances. See also that subject
Keeping animals, chickens, etc., which create noise12-1(b)(5)
Exceptions 11-5
General prohibitions 11-1
Loud and raucous noises 11-2
Supp. No. 45 2139
ATLANTIC BEACH CODE
Section
NOISE (Cont'd.)
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
Abatement of conditions 12-2
Animals and fowl, nuisance provisions 4-27.1 et seq.
See: ANIMALS AND FOWL
Enumerated 12-1
Notices, hearings, abatement of conditions 12-2
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
vehicle parks
0
OATH
Defined
OBSCENITY. See: INDECENCY AND OBSCENITY
10-2(7)
1-2
OBSTRUCTIONS
Lifeguard activities on public beaches
Parking of sailboats not to obstruct 5-6
Obstructing access to public buildings, etc. 13-2
Public sewers, use of
Discharges causing obstructions to flow in sewers 22-129(4)
OCCUPATIONAL LICENSE TAX
Local business license tax 20-51 et seq.
See: TAXATION
Supp. No. 45 2140
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CODE INDEX
OCEAN BEACH
Beaches, regulations for
See: BEACHES
ODORS
Nuisances. See also that subject
Keeping of animals, chickens, etc., creating noxious odors
Public sewers, use of
Limitations on discharge concentrations or quantities
Waters or wastes containing odor -producing substances
OFFENSES
Miscellaneous offenses and regulations
Specific penalties, remedies, etc. See specific offenses as
indexed alphabetically according to subject
OFFICERS AND EMPLOYEES
Benefits of employees
See also herein specific subjects
Board of trustees of city employee's retirement system. See
herein: Retirement System
Building official
See: BUILDINGS AND BUILDING REGULATIONS
Chief of fire department
See: FIRE DEPARTMENT
Chief of police
See: POLICE DEPARTMENT
Compensation, salaries, etc.
Certain ordinances saved from repeal
Convenience business security act
Employee training
Retirement system. See herein that subject
Defense of civil actions against; payment of judgments or
settlements
Defined contribution plan
Administrative provisions
Contribution provisions
Earnings
Eligibility and membership requirements
Normal retirement age
Plan year
Spousal protection
Variable employer match of voluntary participant contribu-
tions
Vesting provisions
Withdraws and loans
Definition
Director of finance
See: FINANCES
Director of public safety
Section
5-1 et seq.
12-1(b)(5)
22-130(6)
13-1 et seq.
2-241 et seq.
6-108 et seq.
7-17 et seq.
2-51 et seq.
1-5
13-165=Deaths
Supp. No. 45 2141
2-1
2-310.29
2-310.24
2-310.25
2-310.20
2-310.22
2-310.21
2-310.28
2-310.23
2-310.26
2-310.27
1-2
2-71 et seq.
2-41
ATLANTIC BEACH CODE
Section
OFFICERS AND EMPLOYEES (Contd.)
Disability retirement
Retirement system. See herein that subject
Floodplain administrator 8-14 et seq.
See: FLOOD HAZARD AREAS
Insurance
Old -age and survivors insurance. See herein that subject
Joint authority
Defined 1-2
Life guard captain 2-63
Old -age and survivors insurance
Appropriations and payment of contributions by city 2-244
Custodian of funds and withholding and reporting agent
Designation of 2-248
Exclusions 2-246
Executive of agreements by mayor -commissioner 2-242
Records and reports 2-245
Social Security Act, acceptance of 2-247
Statement of policy 2-241
Withholdings from wages 2-243
Pensions
Old -age and survivors insurance. See herein that subject
Retirement system. See herein that subject
Retirement system
General employees' retirement system
Beneficiaries 2-271
Benefit amounts and eligibility 2-266
Board of trustees 2-263
Contributions 2-265
Deferred retirement option plan 2-286
Definitions 2-261
Direct transfers of eligible rollover distributions 2-281
Disability 2-268
Domestic relations orders; retiree directed payments;
exemption from execution, non -assignability 2-277
Family and Medical Leave Act 2-282
Finances and fund management 2-264
Forfeiture of pension 2-279
Indemnification 2-280
Maximum pension 2-274
Membership 2-262
Military service prior to employment 2-283
Minimum distribution of benefits 2-275
Miscellaneous provisions 2-276
Optional forms of benefits 2-270
Pension validity 2-278
Pre -retirement death 2-267
Prior government service 2-284
Reemployment after retirement 2-285
Roster of retirees 2-273
Supp. No. 45 2142
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CODE INDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Retirement system (Cont'd.)
General employees' retirement system (Cont'd.)
Vesting 2-269
Police officers' retirement system
Beneficiaries 2-310
Benefit amounts and eligibility 2-305
Board of trustees 2-302
Claims procedures 2-310.1
Contributions 2-304
Conviction and forfeiture; false, misleading or fraudulent
statements 2-310.11
Deferred retirement option plan 2-310.18
Definitions 2-300
Direct transfers of eligible rollover distributions 2-310.13
Disability 2-307
Domestic relations orders; retiree directed payments;
exemption from execution, non -assignability 2-310.8
Family and Medical Leave Act 2-310.14
Finances and fund management 2-303
Forfeiture of pension 2-310.10
Indemnification 2-310.12
Maximum pension 2-310.4
Membership 2-301
Military service prior to employment 2-310.15
Minimum distribution of benefits 2-310.5
Miscellaneous provisions 2-310.6
Optional forms of benefits 2-309
Pension validity 2-310.9
Pre -retirement death 2-306
Prior police service 2-310.16
Reemployment after retirement 2-310.17
Repeal or termination of system 2-310.7
Reports to division of retirement 2-310.2
Roster of retirees 2-310.3
Supplemental benefit component for special benefits;
chapter 185 share accounts 2-310.19
Vesting 2-308
Social security
Old -age and survivors insurance. See herein that subject
Travel expenses
Uniform travel policy and procedure 2-356 et seq.
See: TRAVEL
Waterworks system
Right of access by city employees 22-19
Tapping of mains, etc., restricted to city employees 22-15
OFFICIAL MAP. See: MAPS
Supp. No. 45 2143
ATLANTIC BEACH CODE
Section
OFF-STREET PARKING
Off-street parking and loading
Zoning regulations 24-161 et seq.
See: LAND DEVELOPMENT REGULATIONS
OIL, GREASE, ETC.
Public sewers, use of
Grease, oil and sand interceptors 22-132
Limitations on discharge concentrations or quantities 22-130
Prohibited discharges 22-129
Solid waste and recycling
Removal of lot clearing, contractors' debris; oil and grease 16-8
OPEN BURNING
Fire prevention and life safety 7-36
ORDINANCES
Code of ordinances 1-1 et seq.
See: CODE OF ORDINANCES
OWNER
Defined 1-2
Solid waste and recycling
Franchise agreements
Ownership of recyclable materials 16-26
P
PARADES AND PROCESSIONS
Noise provisions; exceptions 11-5
PARKING
Beaches, regulations for 5-1 et seq.
Parking of sailboats 5-6
Traffic and motor vehicles 21-1 et seq.
See: TRAFFIC AND MOTOR VEHICLES
Zoning regulations 24-161 et seq.
See: LAND DEVELOPMENT REGULATIONS
PARKING LOTS
Loitering in public places, etc. 13-2
Zoning requirements for vehicular use area interior landscap-
ing requirements 24-177(c)
PARKS, PLAYGROUNDS AND RECREATION
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Beaches, regulations for 5-1 et seq.
Use of public parks prohibited after dark 5-31
Definition of "public place" to include parks 1-2
Dogs and cats running at large 4-24
Enforcement of park rules and regulations 5-33
Loitering in parks 13-2
Supp. No. 45 2144
•
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CODE INDEX
Section
PARKS, PLAYGROUNDS AND RECREATION (Cont'd.)
Obstructing passage through parks, etc 13-2
Sexual predators residency requirement 13-161
Signs placed on public buildings and structures and within
public parks 17-32
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles 16-7
User fees for parks and recreation facilities 5-32
PARTNERSHIPS
Definition of "person" to include partnerships 1-2
PEDDLERS. See: SOLICITORS, PEDDLERS, ETC.
PEDESTRIANS
Obstruction of passage of pedestrians 13-2
PENSIONS
General employees' retirement system 2-261 et seq.
See: OFFICERS AND EMPLOYEES
PERMITS. See: LICENSES AND PERMITS
PERSON
Defined 1-2
PICTURES
Obscene matters prohibited 13-6
PLANNED UNIT DEVELOPMENT
Zoning regulations
Special Planned Area District 24-117 et seq.
See: LAND DEVELOPMENT REGULATIONS
PLANNING
Community development board
Appeals 14-24
Certification of board actions to the city manager 14-21
Composition 14-17
Cost 14-26
Created 14-16
Duties 14-20
Enforcement; penalties 14-27
Legal proceedings 14-28
Local planning agency 14-22
Officers 14-17
Petition of illegality 14-25
Powers 14-20
Proceedings of the board 14-23
Qualifications of members 14-17
Removal of members 14-19
Terms of office of members 14-18
Vacancies, filling 14-18
Supp. No. 45 2145
ATLANTIC BEACH CODE
Section
PLANNING (Cont'd.)
Comprehensive emergency management plan 2-400 et seq.
See: EMERGENCY MANAGEMENT
Comprehensive plan 14-1
PLATS AND PLATTING
Subdivision and site improvement regulations 24-186 et seq.
See: LAND DEVELOPMENT REGULATIONS
PLUMBING CODE
Building sewers and connections
Conformance with plumbing code 22-106
Mobile home parks and recreational vehicle parks
Plumbing to comply with plumbing code 10-2(5)
Permits
Determination of ownership of secondhand fixtures prior
to issuance 6-58
Fees 6-59
Water conservation regulations 6-61
Waterworks system
Approval of plumbing prior to connection with water
system 22-35
POISONOUS SOLIDS, LIQUIDS OR GASES
Public sewers, use of
Prohibited discharges 22-129
POLICE DEPARTMENT
Additional court costs assessed for police training 15-1
Animal and fowl provisions
Interfering with performance of duties 4-2
Police or service dog, bite by a; exemption from quarantine 4-13
Chief of police
Appointment, compensation, removal 2-51
Confiscated or lost property, disposition of
Duties of chief 15-16 et seq.
Duties and authority 2-52
Powers and authority 2-53
Confiscated or lost property, disposition of
Destruction 15-20
Firearms 15-22
Hours of sales 15-19
Notice of. sales 15-18
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
Supp. No. 45 2146
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CODE INDEX
Section
POLICE DEPARTMENT (Contd.)
Retirement system 2-300 et seq.
See: OFFICERS AND EMPLOYEES
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
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
Property maintenance code
Adoption 6-120
Amendments 6-121
Property maintenance standards
Zoning regulations 24-173
Stopping, standing and parking on public property 21-16 et seq.
See: TRAFFIC AND MOTOR VEHICLES
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
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
Supp. No. 45 2147
ATLANTIC BEACH CODE
Section
PUBLIC WORKS AND IMPROVEMENTS (Cont'd.)
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 10-1 et seq.
See: MOBILE HOMES AND RECREATIONAL
VEHICLES
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
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Involuntary termination of registration 19-39
Registration 19-33
Supp. No. 45 2148
•
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CODE INDEX
Section
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 ESTABLISH-
MENTS
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
Building sewer installations, excavations within public
right-of-way 22-111
Streets, sidewalks and other public places 19-1 et seq.
See: STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
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
Abatement of nuisances, etc. See: NUISANCES
SAFETY. See: PUBLIC SAFETY
12-1
SAFETY ZONES
Beach safety zones 5-16 et seq.
See: BEACHES
Roadway safety zones 19-5
SAILBOATS
Beaches, regulations for 5-1 et seq.
See: BEACHES
Supp. No. 45 2149
ATLANTIC BEACH CODE
Section
SALES
Alcoholic beverage sales 3-2 et seq.
See: ALCOHOLIC BEVERAGES
Confiscated or lost property, disposition of
Sale of property 15-16 et seq.
See: POLICE DEPARTMENT
Drug paraphernalia, sale of 13-5
Fair housing, discrimination in sales 9-17 et seq.
See: FAIR HOUSING
Land development regulations
Zoning regulations
Supplementary regulations
Gas stations; outdoor sales of consumable goods 24-165(k)
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Notice of transfer, sale or assignment of assets 19-34
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
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: FAIR HOUSING
SHAFTS, ABANDONED
Nuisances enumerated 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Supp. No. 45 2150
•
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CODE INDEX
SHALL; MAY
Definition
SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
SIGNS AND ADVERTISING STRUCTURES
Cause for removal of signs, abandoned signs, and prohibited
signs
Prohibited signs and devices
Removal of unsafe, damaged or poorly maintained, and
abandoned signs
Abandoned signs
Damaged signs and poorly maintained signs
Unsafe signs
Community development board
See: PLANNING
Definitions and references to other chapters within this
Code
Intent
Land development regulations
Zoning regulations
Supplementary regulations
Gas stations; signage
"No Solicitation" sign, posting of
Nonconforming signs and waiver to certain provisions
Application
Calculation of permitted sign size
Fees
Nonconforming signs
Permit required
Requests to waive certain terms of this chapter
Signs permitted
Banner signs
Exempt signs
General provisions applying to all permitted signs
Signs permitted within commercial and industrial zoning
districts
Signs permitted within residential zoning districts
Signs placed on public buildings and structures and
within public parks
Signs within conservation (CON) zoning districts
Signs within special purpose (SP) and planned unit
development (PUD) zoning districts
SLEEPING
Loitering, sleeping, etc., in streets, parks, etc.
SMOKE DETECTORS
Fire prevention and life safety
Smoke detection power source
Supp. No. 45 2151
Section
1-2
17-42
17-41
17-41(c)
17-41(b)
17-41(a)
14-16 et seq.
17-2
17-1
24-165(j)
18-5
17-62
17-63
17-64
17-51
17-61
17-52
17-33
17-26
17-27
17-29
17-28
17-32
17-31
17-30
13-2
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
SOLID WASTE AND RECYCLING
Annual review of fees 16-11
Burial of solid waste 16-6
Definitions 16-1
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles 16-7
Fees for collection 16-10
Franchise agreements
Application; fee action by city commission 16-20
Authority of permit holders 16-25
City's collection exempt from sections 16-10 through
16-18 16-19
Conflict of provisions 16-31
Effective date 16-32
Enforcement 16-29
Franchise award procedures 16-14
Franchise fees 16-16
Grant of authority 16-13
Issuance of permit 16-21
Noncompliance 16-17
Ownership of recyclable materials 16-26
Permit requirements and rules 16-22
Permits not transferable 16-24
Prima facie evidence of production of garbage; duty of city
to inspect premises 16-28
Private refuse collectors; collection of commercial recycling
and construction and demolition debris 16-18
Residential and commercial solid waste collection franchise 16-12
Restrictions on removal of deposited recyclables 16-27
Supp. No. 45 2152
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CODE INDEX
Section
SOLID WASTE AND RECYCLING (Cont'd.)
Franchise agreements (Cont'd.)
Revocation or suspension of permits 16-23
Term 16-15
Violations and penalties 16-30
Garbage and trash containers 16-3
Hazardous or electronic waste 16-5
Land development regulations
Concurrency management system; capacity and level of
service inventory
Solid waste disposal 24-279(c)
Dumpsters, garbage containers and refuse collection
areas and above -ground tanks
Zoning regulations 24-160
See also: LAND DEVELOPMENT REGULATIONS
Leaves and grass clippings; tree trunks 16-4
Removal of lot clearing, contractors' debris; oil and grease 16-8
Solid waste collection 16-2
White goods, bulk items and special pickups, procedure and
fees for removal 16-9
SPECIAL MAGISTRATE
Administrative fines; cost of repairs; contests; liens; money
judgments 2-150
Appeal 2-152
Appointment; qualifications; term 2-143
City attorney 2-146
Code enforcement board dissolved; references revised 2-142
Compensation 2-144
Duration of lien 2-151
Intent of article 2-141
Jurisdiction 2-147
Minutes of hearings; clerical and administrative personnel 2-145
Powers 2-149
Procedure; enforcement and hearings 2-148
STAGNANT WATER
Nuisances. See also that subject
Allowing or permitting stagnant water to accumulate 12-1(b)(4)
STATE MISDEMEANORS
Committing 13-1
STATE OF FLORIDA
Definition 1-2
STORAGE
Zoning regulations
Development, construction, storage within zoning districts
All structures 24-65(c)
Temporary construction trailers or structures 24-65(a)
Temporary storage structures and uses 24-65(b)
Supp. No. 45
2153
ATLANTIC BEACH CODE
Section
STORAGE (Cont'd.)
Zoning regulations (Cont'd.)
Outdoor sale, storage of furniture outside of enclosed
buildings 24-154
Storage and parking of commercial vehicles and
recreational vehicles and equipment 24-163
Stormwater, drainage, storage and treatment require-
ments 24-66
STORM DRAINAGE. See: DRAINAGE
STORMWATER
Discharging into sanitary sewers 22-127
Discharging into storm sewers or natural outlets 22-128
Flood hazard areas 8-1 et seq.
See: FLOOD HAZARD AREAS
Land development regulations
Concurrency management system; capacity and level of
service inventory
Stormwater and drainage 24-279(d)
Zoning regulations
Stormwater, drainage, storage and treatment require-
ments 24-66
See also: LAND DEVELOPMENT REGULATIONS
STORMWATER MANAGEMENT
Billing 22-310
Collection 22-310
Comprehensive plan re 22-304
Customer base 22-308
Definitions 22-303
Directors 22-306
Enterprise fund 22-309
Findings of fact 22-302
Powers and duties 22-307
Rates and charges
Appeal process 22-337
Definitions 22-333
Enforcement 22-336
Fee schedule 22-335
Findings of fact 22-332
Short title 22-331
Utility fee category 22-334
Violations and penalties 22-336
Short title 22-301
Utility established 22-305
STREAMS. See: WATERCOURSES, WATERWAYS
STREET ADDRESSES
Fire prevention and life safety
Street address identification
Supp. No. 45 2154
7-37
•
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CODE INDEX
Section
STREET ADDRESSES (Cont'd.)
Numbering of buildings, mobile homes, etc.
Mobile home parks and recreational vehicle parks
Requirements for 10-2(7)
Provisions re 6-106 et seq.
See: BUILDINGS AND BUILDING REGULATIONS
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Building sewers and connections
Barricading, restoring excavations in streets, sidewalks,
etc 22-111
Closing of streets for various events 19-3
Communications facilities in public rights-of-way
Abandonment of a communications facility or utility pole 19-48
Appeals 19-40
At -grade facility, below -grade facility, wireline facility,
and utility pole permit conditions 19-36
Collocation fees 19-37.7
Construction bond 19-45
Definitions 19-32
Enforcement remedies 19-47
Existing communications facility 19-42
Fees applicable to those not subject to communications
services tax 19-41
Findings, intent and scope 19-31
Indemnification 19-44
Insurance 19-43
Involuntary termination of registration 19-39
Make-ready work 19-37.6
Notice of transfer, sale or assignment of assets 19-34
Objective design standards 19-36.1,
19-37.4
Performance bond 19-46
Permit requirements; application; review timeframes 19-37.2
Registration 19-33
Reservation of rights 19-49
Revocation or suspension of development permits 19-38
Rules, regulations and general conditions to placement of
and use of communications systems and facilities
and utility poles in the public right-of-way 19-35
Short title 19-30
Small wireless facility collocation permit conditions 19-37.3
Waiver of objective design standards for small wireless
facilities 19-37.5
Waiver of the objective design standards for at -grade
facilities, below -grade facilities, wireline facilities,
and utility poles 19-36.2
Supp. No. 45 2155
ATLANTIC BEACH CODE
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Communications facilities in public rights-of-way (Cont'd.)
Wireless facilities 19-37
Wireless facilities allowed in the public rights-of-way19-37.1
Community development board 14-16 et seq.
See: PLANNING
Construction within and/or use of city rights-of-way 19-1
Definitions 1-2
Digging up streets. See herein: Excavations
Dogs on streets to be leashed 4-25
Dogs or cats running at large on public streets 4-24
Driveways
Construction of driveways in rights-of-way 19-7
Intersections
Sight distance requirements and safety zones 19-5
Loitering, obstructions, etc., in public places 13-2
Minors on streets and in public places 13-151 et seq.
See: MINORS
Mobile home parks and recreational vehicle parks
Requirement for streets 10-2
Naming, renaming
Certain ordinances saved from repeal 1-5
Nuisances. See also that subject
Acts, occurrences and conditions constituting nuisances
and public places 12-1
Discharging water from water -source heat pumps onto
public streets 12-1(b)
Storing, depositing, etc., garbage, sewage, etc., in streets 12-1(b)(2)
Numbering of buildings. See also: BUILDINGS AND BUILD-
ING REGULATIONS
Assigning street numbers 6-110
Street numbering districts designated 6-109
Obstructing passage upon public streets, etc 13-2
Opening, accepting, etc.
Certain ordinances saved from repeal 1-5
Permits and revocable licenses required 19-2
Public place defined 1-2
Safety zones 19-5
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles 16-7
Special events 19-4
Closing of streets for various events 19-3
Subdivision and site improvement regulations
Design and construction standards
Clearing and grading of rights-of-way 24-259
Easements 24-254
Streets 24-252
Supp. No. 45 2156
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CODE INDEX
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Subdivision regulations 24-186 et seq.
See: LAND DEVELOPMENT REGULATIONS
Traffic calming devices 19-6
Trees and native vegetation protection 23-1 et seq.
See: TREES AND NATIVE VEGETATION PROTEC-
TION
Utility placement within city rights-of-way
Applicability 19-20
Authority to implement article 19-26
Fees authorized 19-24
Moving or removal of utility lines 19-25
Noncompliance unlawful 19-27
Permit required 19-21
Provisions of permit 19-22
When bond may be required 19-23
Vacating
Certain ordinances saved from repeal 1-5
Waterworks system
Extensions of water mains in existing streets 22-38
SUBDIVISIONS
Subdivision and Site Improvement Regulations 24-186 et seq.
See: LAND DEVELOPMENT REGULATIONS
Trees and native vegetation protection 23-1 et seq.
See: TREES AND NATIVE VEGETATION PROTEC-
TION
SUPPLEMENTATION OF CODE
Revisions re 1-10
SURETY BOND. See: BOND, SURETY
SURFACE WATER. See: DRAINAGE
SURFBOARDS
Beaches, regulations for 5-1 et seq.
Surfboards 5-5
SURVEYS
Community development board
Special survey work of city manager 14-20(10)
SWIMMING
Beaches, regulations for 5-1 et seq.
See: BEACHES
SWIMMING POOLS
Zoning regulations for swimming pools 24-164
SYNDICATES
Definition of "person" to include syndicates 1-2
Supp. No. 45 2157
ATLANTIC BEACH CODE
Section
T
TAXATION
Additional homestead exemption
Annual adjustment to household income 20-83
Annual filing of household income statement 20-84
Authorized 20-82
Definitions 20-81
Exercise of municipal powers 20-80
Certain ordinances saved from repeal 1-5
Homestead exemption. See herein: Additional Homestead
Exemption
Insurance premium taxes
Casualty risks 20-76
Payment date 20-78
Property insurance 20-77
Local business license tax
Businesses falling under more than one classification 20-55
Compliance by receipt holders 20-56
Definitions 20-51
Due dates and delinquencies; penalties 20-54
Exemptions 20-58
Half-year receipts 20-53
Inspections 20-52.1
Levy 20-52
Operating more than one location 20-55
Schedule of fees 20-59
Transfer 20-57
Public service tax
Duty of seller to collect tax and pay same to city 20-17
Exemption of governmental agencies and churches 20-19
Failure of seller to collect tax 20-17
Imposed, amount 20-16
Nonpayment of tax
Authority of seller to discontinue service 20-17
Payment to be made to seller 20-16
Records to be kept by seller 20-18
Inspection of records by city agents 20-18
Telephone service
Duty of seller to collect 20-33
Exemptions 20-32
Levy; when payable 20-31
Monthly payments; computation of tax 20-36
Records to be kept by seller 20-34
Inspector, transcripts 20-34
Telephone calls, limitation as to 20-35
Utility services to which applicable 20-16
When purchase deemed made within city 20-20
Supp. No. 45 2158
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CODE INDEX
Section
TAXATION (Cont'd.)
Streets, sidewalks and other public places
Communications facilities in public rights-of-way
Fees applicable to those not subject to communications
services tax 19-41
Telephone service. See herein: Public Service Tax
TELEPHONE TAX
Provisions re 20-31 et seq.
See: TAXATION
TENANTS
Definition of "owner" to include tenants 1-2
TENSE
Defined 1-2
TIME, COMPUTATION OF
Defined 1-2
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
Adoption of Florida Uniform Traffic Control Law, and the
Manual on Uniform Traffic Control Devices 21-1
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
Definitions 21-2
Motor vehicle title loans
Maximum interest rate 21-62
Title loan lending license 21-64
Transaction satisfaction and default 21-63
Transactions 21-61
Transition period for regulations, restrictions and licen-
sure provisions 21-66
Violations and penalties 21-65
Permit required for parades and processions 21-3
Supp. No. 45 2159
ATLANTIC BEACH CODE
Section
TRAFFIC (Cont'd.)
Safety zones 19-5
Stopping, standing and parking on public property
Compliance with signs prohibiting parking required 21-19
Enforcement
Disposition of money collected as fines 21-40
Form of citations 21-37
Issuance of citations 21-36
Payment of parking fines 21-39
Presumption of motor vehicle ownership 21-41
Removing and impounding 21-42
Schedule of fines 21-38
Manner of stopping, standing or parking 21-16
Obstructing traffic 21-18
Parking for certain purposes prohibited 21-21
Parking limitations 21-20
Prohibited in specific areas 21-17
Unregistered and inoperable vehicles
Enforcement 21-89
Intent 21-87
Limitations 21-88
Vehicles for hire
Advertising, manner of 21-77
Citations authorized; penalties provided 21-85
Classification 21-76
Criminal activity, engaging in 21-83
Equipment and safety requirements 21-80
For -hire drivers 21-82
Inspection 21-79
Printed matter appearing on a vehicle for hire, except
limousines; certain information required; advertising
regulated 21-78
Rates and charges 21-84
Taxicabs, meters required for 21-81
Wrecker service
Charges for towing and storage 21-51
Establishment of rotating wrecker call list 21-50
Liability insurance 21-53
Repairing motor vehicles without authorization prohibited 21-54
Towage and storage charges 21-55
Wreckers to be equipped at all times 21-52
TRAILERS. See: MOBILE HOMES AND RECREATIONAL
VEHICLES
TRAPPING
Trapping birds, wild fowl, etc 4-4
TRASH. See: GARBAGE AND REFUSE
Supp. No. 45 2160
so
CODE INDEX
Section
TRAVEL
Uniform travel policy and procedure
Auditing 2-365
Authority to incur travel and business expenses 2-357
Authorized travel 2-363
Definitions 2-356
Expense forms and regulations 2-359
Fraudulent claims 2-366
Funding 2-358
Reimbursable incidental expenses 2-364
Schedule for meal allowance and accommodations 2-360
Subsistence 2-361
Transportation 2-362
TRAVEL TRAILERS. See: MOBILE HOMES AND
RECREATIONAL VEHICLES
TREES AND NATIVE VEGETATION PROTECTION
Amendments to provisions 23-4
Applicability 23-2
Definitions 23-8
Intent 23-1(b)
Land development regulations and comprehensive plan
Relationship 23-3
Purpose 23-1(a)
Tree and vegetation regulations
Administrator 23-13
Appeals
Procedure to file an appeal 23-25(a)
Stay of work 23-25(b)
Areas of special concern
Applicability 23-40
Historic corridors and heritage trees
Criteria 23-41(b)
Designation 23-41(a)
Documentation 23-41(c)
Mitigation 23-41(d)
City commission 23-12
Contagious diseased and pest -infested trees; elimination 23-36
Elimination of
Fees
Application 23-26(a)
Reinspection 23-26(b)
Research or extensive time fees (per hour) 23-26(c)
Inspections
Final inspection and notice of completion 23-24(a)(3)
Initial inspection 23-24(a)(1)
Maintenance inspections 23-24(a)(4)
Protective barricade inspection 23-24(a)(2)
Reinspection fees 23-26(b)
Supp. No. 45 2161
ATLANTIC BEACH CODE
TREES AND NATIVE VEGETATION PROTECTION (Cont'd.)
Tree and vegetation regulations (Cont'd.)
Maintenance and monitoring requirements
Determination of success
Large-scale projects
Minimum tree requirements
Mitigation
Payment in lieu of replacement/relocation
Permits
Amendment
Application required
Compliance review and approval of applications
Fees
Review by other agencies
Sufficiency review of applications
Claims for exemptions; verification may be required
Content
Exemptions
Expiration
Posting
Required
Revocation
By administrator
Discontinuance of work
Prohibitions
Attachments
Excessive, improper priin ing
Pruning, removal of city trees
Tree spiking
Unauthorized clearing
Scope
Site preparation
Tree conservation trust fund
Administration
Assets
Establishment
Terms of existence
Tree protection during development and construction
Restrictions during construction
Adjacent properties
Burden of tree protection on property owner
Disposal of waste materials
Placement of materials, machinery, or temporary
soils
Protective barriers and signage required
Undesirable species; elimination
Violations, enforcement and penalties
Code enforcement action
Environmental stewardship committee; intent
Notice of violation
Supp. No. 45 2162
Section
23-34(1)
23-34(2)
23-30
23-33
23-37
23-23(h)
23-23(a)
23-23(d)
23-26(a)
23-23(c)
23-23(b)
23-22
23-23(f)
23-22
23-23(e)
23-23(g)
23-21
23-23(i)(1)
23-23(i)(2)
23-31(d)
23-31(a)
23-31(b)
23-31(c)
23-31
23-11
23-24(b)
23-14(d)
23-14(c), (e)
23-14(a)
23-14(b)
23-32(d)
23-32(b)
23-32(a)(2)
23-32(a)(1)
23-32(c)
23-35
23-50
23-52
23-47
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CODE INDEX
Section
TREES AND NATIVE VEGETATION PROTECTION (Cont'd.)
Tree and vegetation regulations (Cont'd.)
Violations, enforcement and penalties (Cont'd.)
Penalties 23-51
Requirement for emergency or immediate corrective
action 23-49
Stop work order 23-48
Violations 23-46
TREES AND SHRUBBERY (General)
See also: TREES AND NATIVE VEGETATION PROTEC-
TION
Land clearing, tree removal or damage to existing trees and
vegetation 24-168
Roadway safety zones; planting on 19-5
Solid waste and recycling
Leaves and grass clippings; tree trunks 16-4
Zoning supplemental regulations
Off-street parking and loading
Parking areas and tree protection 24-161(1)
TRUSTS
Definition of "person" to include trusts 1-2
U
UNDERGROUND WIRING
Mobile home parks and recreational vehicle parks 10-2(4)
UTILITIES
Generally
Accounts receivable write-offs 22-5
Authority to adjust or waive charges in appropriate cases 22-4
Combined sewer and water systems 22-1
Return investment policy for Buccaneer plant 22-2
Voluntary collection program to assist needy with utility
bills 22-3
Public service tax 20-16 et seq.
See: TAXATION
Public utilities, department of
Created 2-84
Other duties 2-87
Utility director
Appointment, compensation 2-85
Duties 2-86
Stormwater management 22-301 et seq.
See: STORMWATER MANAGEMENT
Streets, sidewalks and other public places 19-1 et seq.
See: STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
Voluntary collection program to assist needy with utility
bills 22-3
Supp. No. 45 2163
ATLANTIC BEACH CODE
Section
UTILITIES (Cont'd.)
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
Waterworks system 22-14 et seq.
See: WATERWORKS SYSTEM
V
VACANT HOUSES
Water service
Liability of consumer for charges
Allowance made for vacant houses
VACANT LOTS
Dogs and cats running at large
Solid waste and recycling
Depositing on vacant lots, streets, parks, etc., prohibited;
compost piles
VEGETATION
Gardens. See that subject
Trees and native vegetation protection
See: TREES AND NATIVE VEGETATION PROTEC-
TION
Weeds and brush. See that title
VEHICLES. See: MOTOR VEHICLES AND OTHER
VEHICLES
22-23
4-24
16-7
23-1 et seq.
VEHICLES FOR HIRE
Traffic and motor vehicles 21-76 et seq.
See: TRAFFIC AND MOTOR VEHICLES
VERMIN
Nuisances
Permitting buildings to become vermin infested 12-1(b)(8)
Abatement of nuisances, etc. See: NUISANCES
WALLS. See: FENCES, WALLS, HEDGES AND
ENCLOSURES
WASTEWATER SYSTEM
Bills
Sewer user classification rates and charges. See herein
that subject
Building sewers and connections
Barricading, restoring excavations 22-111
Building and plumbing codes, conformance with 22-106
Connections 22-109
Conformance; making gastight and watertight; devia-
tions 22-109
Supp. No. 45 2164
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III
CODE INDEX
Section
WASTEWATER SYSTEM (Cont'd.)
Building sewers and connections (Cont'd.)
Connections (Cont'd.)
Connection of roof downspouts, foundation drains, surface
runoff, etc 22-108
Inspections; supervision of connections 22-110
Costs and expenses; indemnification of city against loss,
etc 22-101
Elevation 22-107
Excavations for building sewer installation
Barricading, restoring 22-111
Old building sewers, use of 22-105
Permits
Classification; application 22-103
Inspections 22-110
Required 22-102
Separate building sewer for each building; exception 22-104
Use of old building sewers 22-105
Charges, classification
Sewer user classification rates and charges. See herein
that subject
Concurrency management system; capacity and level of
service inventory
Sanitary sewer 24-279(a)
Connections
Building sewers and connections. See herein that subject
Connection fees 22-169
Payment of 22-171
Private wastewater disposal
Connection to public sewers 22-90
Use of public sewers required
Toilet facilities, connection to public sewers 22-74
Definitions 22-56
Extensions
Sewer system extensions. See herein that subject
Fees 22-169
Sewer user rates and charges. See herein that subject
Inspectors, powers and authority of
Easements 22-154
Information concerning industrial processes 22-152
Observing safety rules; indemnification and liability 22-153
Rights of entry of authorized employees 22-151
Maliciously damaging, etc., facilities 22-57
Private wastewater disposal
Compliance regarding type, capacities, location and layout 22-89
Construction of division 22-86
Maintenance 22-91
Permits 22-88
Where required 22-87
Supp. No. 45 2165
ATLANTIC BEACH CODE
Section
WASTEWATER SYSTEM (Cont'd.)
Public sewers
Depositing, discharging, etc., garbage into public sewers 22-71
Rates
Sewer user rates and charges. See herein that subject
Sewer system extensions
Construction of extension projects 22-192
Construction standards 22-195
Design standards 22-194
Purpose 22-191
Sewer service without water service 22-193
Sewer use user rates and charges
Billing 22-173
Delinquent bills 22-174
Connection fees 22-169
Payment of 22-171
Delinquent bills 22-174
Monthly wastewater base facilities charges 22-166
Payment of connection fees and system development
charges 22-171
Review and changes of rates 22-168
Schedule of wastewater volume charges 22-167
Sewer charges applicable if sewer available 22-175
System development charge 22-170
Disposition of 22-172
Payment of connection fees 22-171
Subdivision and site improvement regulations
Design and construction standards
Centralized sewer and water services 24-260
System development charge 22-170
Disposition of 22-172
Payment of connection fees 22-171
Use of public sewers generally
Construction of provisions 22-126
Discharging stormwater, etc., into storm sewers or natural
outlets 22-128
Discharging unpolluted waters into sanitary sewer; excep-
tion 22-127
Grease, oil and sand interceptors 22-132
Information for determination of compliance 22-135
Limitations on discharge concentrations or quantities 22-130
Options of city manager regarding wastes 22-131
Measurements, tests and analyses determinations 22-136
Observation, sampling and measurement
Structures for 22-134
Pretreatment or flow -equalizing facilities 22-133
Prohibited discharges 22-129
Use of public sewers required
Constructing privies, septic tanks, cesspools 22-73
Depositing human or animal excrement 22-71
Supp. No. 45 2166
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CODE INDEX
Section
WASTEWATER SYSTEM (Cont'd.)
Use of public sewers required (Cont'd.)
Discharging untreated wastewater or polluted waters
into natural outlets, etc. 22-72
Installation of toilet facilities required; connection of
facilities to public sewer 22-74
Utility provisions generally. See: UTILITIES
WATERCOURSES, WATERWAYS (Canals, lakes, etc.)
Definition of "public place" to include any lake or stream1-2
Discharging untreated wastewater or polluted waters into
natural outlets 22-72
Environmental and natural resource regulations
Protection of wetland, marsh and waterway resources 24-271 et seq.
See: LAND DEVELOPMENT REGULATIONS
Flood hazard areas 8-1 et seq.
See: FLOOD HAZARD AREAS
Public sewers, use of
Discharging stormwater, etc., into natural outlets 22-128
Subdivision and site improvement regulations
Design and construction standards; easements
Centralized sewer and water services 24-260
WATER -SOURCE HEAT PUMPS
Discharging water from, nuisance provisions 12-1(b)
Abatement of nuisances, etc. See: NUISANCES
WATERWORKS SYSTEM
Access to consumer's premises
Right of access by city employees 22-19
Application for water service 22-14
New subdivisions 22-37
Approval of plumbing prior to connection with water system 22-35
Bills. See herein: Charges, Fees, Bills
Charges, fees, bills
Basis for billing if meter fails to register 22-24
Connection charges; initial payment of minimum water
rental 22-16
Cost of pipes, etc., in subdivisions to be paid by developer 22-37
Deposits
Temporary service 22-17
Utility deposits 22-27.1
Due dates 22-29
Establish service or re-establish service after cutoff or
transfer 22-20
Fire protection service charge 22-30
Installation charges 22-28
Late fees 22-29
Liability of consumer for charges 22-23
Property owner responsible to city for water charges 22-26
Re -read of meters, fee established for 22-22
Supp. No. 45 2167
ATLANTIC BEACH CODE
Section
WATERWORKS SYSTEM (Cont'd.)
Charges, fees, bills (Cont'd.)
Service to more than one property through same meter . 22-34
Testing of meters
Liability for cost of testing, adjustment of bills 22-21
Vacant houses
No allowance to be made for unless water shut off 22-23
Water impact fees 22-28
Water service, charges for 22-27
Connections
Approval of plumbing prior to connection with water
system 22-35
Connection charges; initial payment of minimum water
rental 22-16
Connection of private water systems to city systems
prohibited 22-32
Prohibited acts 22-33
Tapping of mains, etc., restricted to employees 22-15
When bills become delinquent 22-29
Cross connection control
Cross connections; backflow devices 22-43
Definitions 22-42
Deposits
Temporary service 22-17
Utility deposits 22-27.1
Determination of type of service for each consumer 22-25
Easements
Granting necessary easements by consumer 22-18
Extensions of water mains 22-38
Fire protection
Private fire protection charge 22-30
Florida -friendly landscaping and landscape irrigation 24-178 et seq.
See: LAND DEVELOPMENT REGULATIONS
Interruptions in service
Liability of city 22-36
Land development regulations
Concurrency management system; capacity and level of
service inventory
Potable water 24-279(b)
Subdivision and site improvement regulations
Design and construction standards
Centralized sewer and water services 24-260
Wellhead protection 24-263 et seq.
See: LAND DEVELOPMENT REGULATIONS
Meters
Access for purpose of reading meters 22-21
Basis for billing if meter fails to register 22-24
Re -read of meters, fee established for 22-22
Service to more than one property through same meter 22-34
Supp. No. 45 2168
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CODE INDEX
Section
WATERWORKS SYSTEM (Cont'd.)
Meters (Cont'd.)
Testing of meter; liability for cost of testing 22-21
Adjustment of bills 22-21
Mobile home parks and recreational vehicle parks
Requirements for city water 10-2(6)
Private water systems
Connection of to city system prohibited 22-32
Connection to public sewers; failure of system; cleaning
and filling 22-90
Written report required for failed private system 22-92
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
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
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 PROTEC-
TION
Supp. No. 45 2169
ATLANTIC BEACH CODE
Section
WELLS
Abandoned wells, nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Waterworks system
Interfering with or molesting wells, etc 22-33
Wellhead protection
Environmental and natural resource regulations .........24-263 et seq.
See: LAND DEVELOPMENT REGULATIONS
WETLANDS
Environmental and natural resource regulations
Protection of wetland, marsh and waterway resources ... 24-271 et seq.
See: LAND DEVELOPMENT REGULATIONS
WILD FOWL
Trapping, hunting, molesting, etc., of birds prohibited;
exception 4-4
WINDOWS. See: DOORS AND WINDOWS
WRECKER SERVICE
Traffic and motor vehicles 21-50 et seq.
See: TRAFFIC AND MOTOR VEHICLES
WRITING
Defined 1-2
Y
YARD SALES
Outdoor display, sale, storage of furniture, household items,
etc.
24-154
YARDS AND OPEN SPACES
Definition of "public place" to include school yards or open
spaces 1-2
Zoning requirements 24-1 et seq.
Yards, required 24-83
See also: LAND DEVELOPMENT REGULATIONS
ZONING REGULATIONS. See: LAND DEVELOPMENT
REGULATIONS
Supp. No. 45 2170