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Charter 1969 and General Ordinances with old supplements (2)THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA The Charter and The General Ordinances PUBLISHED BY ORDER OF THE CITY COMMISSION Michie City Publications Company Charlottesville, Virginia 1969 Instructions for Handling Supplemental Pages to Your Atlantic Beach City Code Here are supplemental pages for your Code. These supplemental pages bring your Code up to date through December 23, 1974. Each of the supplemental pages should either be substituted for pages now in the Code or should be added to the Code. For example, the Preface Page in the Code should be removed and discarded and the supplemental page substituted in lieu thereof, Other supplemental pages should be substituted for pages in the Code having corresponding page numbers. Additional supplemental pages to be added to your Code are decimally numbered and should be placed after the basically numbered pages in the Code, The supplemental index pages should be substituted in the same manner as the text pages. Michie City Publications Company Charlottesville, Virginia Supp. #5, 12-74 Instructions for Handling Supplemental Pages to Your Atlantic Beach City Code Here are supplemental pages for your Code. These supplemental pages bring your Code up to date through May 249 1971. Each of the supplemental pages should either be substituted for pages now in the Code or should be added to the Code. For example, the Preface Page in the Code should be removed and discarded and the supplemental page substituted in lieu thereof. Other supplemental pages should be substituted for pages in the Code having corresponding page numbers. Additional supplemental pages to be added to your Code are decimally numbered and should be placed after the basically numbered pages in the Code. The supplemental index pages should be substituted in the same manner as the text pages. Michie City Publications Company Charlottesville, Virginia Supp. #2, 5-71 PREFACE This volume, as originally published, constituted the first revision and codifica- tion of the general ordinances of the City of Atlantic Beach, Florida. It contained the Charter and such of the ordinances of a general and permanent nature passed on or before August 1, 1969, as were found desirable for retention, except those express- ly saved from repeal by the Adopting Ordinance. This Code, as now supplemented, contains ordinances through the date shown on the instruction sheet for the supplemental pages. The ordinances were codified, edited and indexed by the Editorial_Staff of Michie City Publications Company under the supervision of Chas. W. Sublett and Stephen C. Willard. The publishers wish to express their appreciation for the cooperation of all the city officials and employees during the preparation of this publication. Particular acknowledgment is due Mr. Oliver C. Ball, City Attorney, Mr. R. C. Vogel, City Manager, and Mrs. Adele S. Grage, City Clerk, for their assistance during the pro- gress of the work. A feature to which the attention of the user is directed is the arrangement of the chapters in alphabetical order. Attention is also directed to the analysis preceding each chapter which, in many instances, will serve as an index within itself. The general index, carried at the end of the Code, has been carefullyprepared and should serve as an accurate medium for locating the individual sections of law within the Code. In the footnotes appearing throughout the Code will be found references to the Charter and the applicable and related provisions of the state law. These notes also contain cross references to other and related provisions in the City Code, By refer- ence to the historical citations, appearing at the end of each section, the user will be able to ascertain the ordinance from which the present section has been derived. The absence of a citation indicates new material becoming effective on the effective date of this Code. It is a recognized fact that if any Code is to accomplish its intended purpose it must be kept up to date by means of an adequate supplemental service. Accordingly, the publishers point out the advisability and necessity of keeping this Code current. The new City Code is presented to the officials and citizens of the City of Atlantic Beach, Florida, in the belief that it will merit their approval. Michie City Publications Company Charlottesville, Virginia Supp. #1, 5-70 ADOPTION OF CODE ORDINANCE NO. 47-70-1 AN ORDINANCE ADOPTING A REVISION AND CODIFICA- TION OF THE ORDINANCES OF THE CITY OF ATLANTIC BEACH, ENTITLED "THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, " PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. There is hereby adopted by the City Commission that certain Code entitled "The Code of the City of Atlantic Beach, Florida, " containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 28, both inclusive, of which Code at least one copy has been and is now filed in the office of the City Clerk, and shall there remain for pub- lic use and inspection. SECTION 2. The provisions of such Code shall be in force on and after January 27, 1970, and all ordinances of a general and permanent nature adopted on final reading and passage on or before August 1, 1969, and not contained in such Code are hereby repealed from and after January 27, 1970, except as hereinafter provided. SECTION 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture in- curred or any contract or right established or accruing before January 27, 1970; nor shall it affect any prosecution, suit or proceeding pending or any judgment ren- dered prior to January 27, 1970; nor shall such repeal affect any ordinance or reso- lution promising or guaranteeing payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City's indebtedness or any con- tract or obligation assumed by the City; nor shall it affect any annual tax levy, appro- priation or budget; nor shall it affect any right or franchise conferred by ordinance or resolution of the City Commission on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any ordinance amending the zoning map; nor shall it affect any ordinance adopted on final reading and passage after August 1, 1969. SECTION 4. Whenever in the Code adopted by this ordinance or in any other ordinance or resolution of the City or in any rule, regulation or order promulgated by any officer or agency of the City under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful Supp. #1, 5-70 Atlantic Beach City Code or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance or resolution of the City or such rule, regulation or order shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding ninety days, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of such Code or any other ordinance or resolution of the City or such rule, regulation or order shall continue shall constitute a separate offense. SECTION 5. It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, para- graph or section of this ordinance or the Code hereby adopted shall be declared un- constitutional or otherwise invalid by the valid judgment or decree of a court of com- petent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted. Passed by the City Commission on first reading on January 12, 1970. Passed by the City Commission on second and final reading on January 26, 1970. SEAL Attest; /s/ Adele S. Grage City Clerk Supp. #1, 5-70 TABLE OF CONTENTS PART L Page The Charter 1 PART II. THE CODE, Chapter 1. General Provisions 55 2. Administration 59 3. Alcoholic Beverages 67 4. Animals and Fowl 71 5. Beaches 75 6. Buildings 77 7. Electricity 87 8. Finance and Taxation 91 9. Fire Protection 99 10. Licenses 107 11. Motor Vehicles and Traffic 117 12. Noise 121 13. Nuisances 125 14. Offenses --Miscellaneous 129 15. Parks and Recreation 137 16. Personnel 139 17. Plumbing 143 18. Refuse, Garbage and Weeds 147 19. Sewers and Sewage Disposal 155 20. Signs and Advertising Structures 161 21. Solicitors 171 22. Streets and Sidewalks 175 23. Subdivision of Land 177 24. Swimming Pools 185 25. Taxicabs 187 Page 26. Trailers and Trailer Parks 189 27. Water Supply 191 28. Zoning 199 Index 221 PART I. THE CHARTER. Editor's note. --Set out herein is the Charter of the City of Atlantic Beach, being chapter 57- 1126 of the 1957 Special Acts of Florida, as amended, approved by the voters of the city on July 23, 1957. Amendments are indicated by historical citations in parentheses follow- ing each amended section. A uniform system of capitalization has been employed and a frontal analysis has been added for the con- venience of the user. Otherwise, the Charter is set out herein as adopted and amended by the Florida Legislature. In addition to the Charter set out herein, the city commission is authorized by chapter 61-1864 of the 1961 Special Acts of Florida, to appro- priate sums not exceeding five hundred dollars annually to the U.S. O. Article I. Incorporation. Form of Government. Powers. § 1. Present municipal corporation of town of Atlantic Beach abolished. § 2. Incorporation of City of Atlantic Beach. § 3. Form of government. § 4. General powers. Article II. The Commission. § 5. Number; selection; term. § 6. Qualifications and disqualifications. § 7. Salary. § 8. Presiding officer: Mayor. § 9. Powers. § 10. Appointment of city manager. § 11. Removal of city manager. § 12. Vacancies in the city commission. § 13. Creation of new departments or offices; change of duties. § 14. Induction of city commission into office; meetings of the city commission. § 15. City commission to be judge of qualifications of its members. § 16. Rules of procedure; journal of minutes. § 17. Ordinances. § 18. Procedure for passage of ordinances; first reading. § 19. Second reading; public hearing; further consideration; final passage. § 20. Further consideration; final passage. § 21. Publication of ordinances after final passage; permissive referendum. § 22. Exception as to newspaper publication of ordinances. § 23. Emergency ordinances. § 24. Independent annual audit. 1 Atlantic Beach City Code Article III. The City Manager. § 25. Qualifications. § 26. Powers and duties. § 27. Absence of the city manager. § 28. Administrative departments. § 29. Directors of departments. § 30, Departmental divisions. Article IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor, § 31. City clerk. § 32. City comptroller. § 33. City tax assessor. § 34. City treasurer. Article V. Department of Public Safety. § 35. Director of public safety. § 36. Police department. § 37. Chief of police: Duties and authority. § 38. Chief of police and his deputies: Powers and authority. § 39. Fire department. § 40. Fire chief: Duties and authority. Article VI. Budget. § 41. Fiscal year. § 42. Preparation and submission of budget. § 43. Budget a public record. § 44. Publication of notice of public hearing. § 45. Public hearing on budget. § 46. Further consideration of budget. § 47. Balance of budget. § 48. Vote required for adoption. § 49. Date of final adoption; failure to adopt. § 50. Effective date of budget; certification; copies made available. § 51. Budget establishes appropriations. § 52. Budget establishes amount to be raised by property tax; certification to taxing authority. § 53. Budget message; current operations. § 54. Budget message; capital improvements. § 55. Budget message; capital program. § 56. Budget message; supporting schedule. § 57. Budget. § 58. Anticipated revenues. § 59. Anticipated revenues compared with other years. § 60. Surplus. § 61. Proposed expenditures; comparison with other years. 2 The Charter § 62. Budget summary. Article VII. Department of Finance. § 63. Director of finance; appointment. § 64. Work programs; allotments. § 65. Allotments constitute basis of expenditures and are subject to revision. § 66. Transfers of appropriations. § 67. When contracts and expenditures prohibited. § 68. Appropriations lapse at end of year. § 69. Fees shall be paid to city government. § 70. Division of purchases. § 71. Competitive bidding. § 72. Contracts for city improvements. § 73. Accounting control of purchases. § 74. No contract executed until bond ordinance effective. § 75. Emergency appropriations. § 76. Temporary borrowing. Article VIII. Department of Personnel. § 77. Establishment. Article IX. Elections. § 78. Elections. § 79. Electors. § 80. Registration of voters. § 81. Nominations. § 82. Elections: Primary. § 83. Elections: General. § 84. Elections: Writing in of candidates. § 85. Absentee voting. § 86. Elections: Governed by state law or ordinance. § 87. Elections: Canvass of returns. Article X. Initiative and Referendum. § 88. Power of initiative. § 89. Power of referendum. § 90. Form of petitions; committee of petitioners. § 91. Filing, examination and certification of petitions. § 92. Amendment of petitions. § 93. Effect of certification of referendum petition. § 94. Consideration by commission. § 95. Submission to electors. § 96. Form of ballot for initiated and referred ordinances. § 97. Availability of list of qualified electors. § 98. Results of election. § 99. Repealing ordinances; posting. 3 Atlantic Beach City Code Article XI. Recall. § 100. Recall petition. § 101. Notice. § 102. Recall election. § 103. Ballots. § 104. Filling of vacancies. § 105. Counting the vote. § 106. Effect of resignation. § 107. Miscellaneous provisions. § 108. Offenses relating to petitions. Article XII. Franchises. § 109. Granting of franchises. Article XIII. Tax Administration. § 110. Property subject to tax; method of assessment. § 111. Board of assessment review: Appointment; vacancies. § 112. Board of assessment review: Qualifications. § 113. Board of assessment review: Powers and duties. § 114. Public hearings on complaints. § 115. Appeal to courts. § 116. City treasurer's bond. § 117. Extension of tax for current year on assessment roll. § 118. Preparation and delivery of tax bills. § 119. Delinquent installments. § 120. Description of tax bill. § 121. Taxes: When payable. § 122. Constitute a lien. § 123. May issue distress warrants. § 124. Collection of taxes. § 125. Licenses. § 126. Period covered by licenses. Article XIV. Zoning. § 127. The city may regulate building, density of population, and the location and use of buildings, structures and land and water. § 128. Division of city into districts for purposes of regulation. § 129. Purposes in view in making regulations. § 130. City to provide procedure; regulation, restriction or boundary not effective until after public hearing thereon; publication of notice of hearing required. § 131. Regulation, restriction and boundary subject to change or repeal; protest of change; vote required to effect change over protest; publication of notice of change required. § 132. Zoning commission. 4 The Charter § 133. Board of adjustment. § 134. Members of board of adjustment. § 135. Proceedings of board of adjustment. § 136. Appeals. § 137. Stay of proceedings. § 138. Hearing of appeal; notice required. § 139. Powers of board of adjustment. § 140. Decision of board. § 141. Petition may be presented to a court of record within thirty days after filing of decision of board setting forth illegality. § 142. Writ of certiorari. § 143. Return of writ. § 144. Decision of the court; it may take evidence or appoint a referee. § 145. Costs. § 146. Enforcement of ordinance or regulations under this article; penalties for violation. § 147. Legal proceedings may be instituted in addition to other remedies provided for violation of article. Article XV. Issuance of Bonds. § 148. General obligation bonds. § 149. Revenue bonds and certificates. § 150. Combination general obligation and revenue bonds. Article XVI. Municipal Court and Department of Law. § 151. Municipal court. § 152. Sickness, absence or disqualification of municipal judge. § 153. Powers. § 154. Disposition of moneys collected as fines. § 155. Remission of fines and penalties. § 156. City prosecutor: Powers and duties. § 157. Executive officer of the court. § 158. City attorney: Appointment and qualifications. § 159. Salaries of court officials and city attorney. Article XVII. Suits Against the City. § 160. Suits. Article XVIII. General and Miscellaneous Provisions. § 161. Removal of officers and employees. § 162. Removal of members of boards, commissions, or agencies. § 163. Right of city manager and other officers in commission. § 164. Investigations. § 165. Publicity of records. § 166. Personal interest. § 167. Official bonds. 5 § 1 Atlantic Beach City Code § 2 § 168. Oath of office. § 169. Effect of this Charter on existing law. § 170. Publishing. § 171. Rights of officers and employees preserved. § 172. Continuance of present officers. § 173. Transfer of records and property. § 174. Title to property reserved to new municipality. § 175. Continuity of offices, boards, commissions or agencies. § 176. Continuance of contracts and public improvements. § 177. Pending actions and proceedings. § 178. Existing ordinances. § 179. Short title. § 180. Separability clause. § 181. Charter election. Article XIX. When Act Takes Effect. § 182. Effective date of act. § 183. Repeal of conflicting laws. A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE CITY OF ATLANTIC BEACH, FLORIDA, IN DUVAL COUNTY, AND TO PROVIDE FOR ITS GOVERNMENT AND PRESCRIBE ITS JURISDICTION, POWERS, PRIVILEGES AND IMMUNITIES, AND TO ABOLISH THE PRES- ENT MUNICIPALITY OF THE TOWN OF ATLANTIC BEACH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: Article I. Incorporation. Form of Government. Powers. Sec. 1. Present municipal corporation, of Town of ,Atlantic Beach abolished. The present municipal corporation of the Town of Atlantic Beach in Duval County, Florida, is hereby abolished. Sec. 2. Incorporation of City of Atlantic Beach. • A municipal corporation to be known and designated as the City of Atlantic Beach is hereby established, organized and constituted in the County of Duval and State of Florida, and its territorial boundaries shall be as follows: Beginning at a point on the beach of the Atlantic Ocean, as shown on a map of a part of a Subdivision "A", Atlantic Beach, Plat Book 6, Page 1, of Duval County Rec- ords, where the north side of an unnamed street north of Blocks 62, 63, and 64, as shown on said map, and known as 16th Street would, if prolonged, intersect with low 6 § 3 The Charter § 3 water mark of said Atlantic Ocean; running thence westerly along the north line of said 16th Street to the intersection of said line with the westerly right-of-way line of Seminole Beach Road (County Road No. 608); running thence northerly along the westerly right-of-way line of said Seminole Beach Road to the north boundary line of Section 9, Township 2 South, Range 29 East; running thence westerly along the northerly boundary line of said Section 9 and the northerly boundary lines of Section 8 and Fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport Road (State Road A -1-A); running thence southerly along the easterly right-of-way line of said Mayport Road to the north boundary line of Government lot 15 of Section 8; running thence easterly along the North boundary line of said Govern- ment lot 15 to the northwest corner of the east one half of said Government lot 15; running thence south along the west boundary line of the east one half of said Govern- ment lot 15 to the north boundary line of Section 17; running thence westerly along the northerly boundary line of Sections 17 and 18 in said Township and Range to the northeasterly corner of unsurveyed Section 18, in said Township and Range; running thence southerly along the U.S. Government meander line of the Pablo Creek salt marshes, being also the easterly boundary line of said unsurveyed Section 18 and the easterly boundary line of unsurveyed Section 19 in said Township and Range, to the intersection of the last mentioned lines with a line 16 feet northerly of, measured at right angles from and parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel line and a prolongation of same to the point of intersec- tion of said prolongation with the low water mark of said Atlantic Ocean; and running thence northerly along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Selva Marina Country Club as described in deed recorded in Volume 652, page 484, Official Records of Duval County; and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south lines of said city as above described, projected easterly two miles; and police jurisdiction for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as here- inbefore described, over said Mayport Road from the city limits as above described, northerly to the northerly boundary line of said Fractional Section 5, and over said Seminole Beach Road from the city limits as above described, northerly to the nor- therly boundary line of said Section 9; provided, however, that the board of county commissioners of Duval County, Florida, is hereby authorized to construct and main- tain, within the territory hereinbefore described, any and all streets, roads or high- ways that have, at any time heretofore, been adopted as county roads by the board of county commissioners of Duval County, Florida, as it may deem necessary and prop- er for the benefit of the public. (Sp. Acts 1959, ch. 59-1054. ) Sec. 3. Form of government. The municipal government provided by this Charter shall be known as "Commis- sion - Manager Government." Subject only to the limitations imposed by the Consti- tution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commission, hereinafter reterred to as "the city commission, " which shall enact local legislation, adopt budgets, determine policies, and appoint such city officials as are hereinafter prescribed. Except as limited in this Charter, the city manager shall execute the laws and administer the government of the city. All 7 § 4 Atlantic Beach City Code § 4 powers of the city shall be exercised in the manner provided by this Charter, or if the manner be not provided then in such manner as may be set forth by ordinance. Sec. 4. General powers. The city shall have the powers, functions and immunities granted to municipal corporations by the Constitution and general laws of this state, as now or hereinafter existing, together with the implied powers necessary to carry into execution all the powers granted. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and exercise all powers which it would be competent for this Charter speci- fically to enumerate. The following are among the powers of the said city subject to the limitations hereinafter expressed: (1) To purchase, lease, receive and hold property, real, personal and mixed, both within and without its corporate limits, and to lease, sell, or otherwise dispose of the same for the benefit of the city; (2) To pass such ordinances as may be necessary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the city outside its corporate limits; (3) To acquire by condemnation any property necessary for public use, either within or without its corporate limits; (4) To levy, assess and collect taxes; (5) To invest the surplus funds of the city; (6) To borrow money and'to issue bonds and revenue certificates as security therefor; (7) To license professions, businesses and occupations carried on within its corporate limits and to levy and collect license taxes upon the same; (8) To furnish within and without its corporate limits all local public services and utilities, and to levy charges for the use of such services and utilities; (9) To purchase, hire, construct, own, maintain and operate or lease local public utilities; (10) To grant local public utility franchises and regulate the exercise thereof; (11) To define, prevent and abate nuisances; (12) To exercise all police powers granted to municipalities by the constitution and laws of the State of Florida, as now or hereinafter existing, and to adopt such ordinances, rules and regulations as are necessary to maintain and preserve public 8 § 4 The Charter § 4 health, peace and welfare, including ordinances regulating the keeping of domestic and other animals within its corporate limits, and to impose penalties and forfeitures to carry the same into effect; (13) To own, establish and• operate hospitals, libraries, parks, airports, golf courses, and to sell or lease such institutions or properties; (14) To construct, operate and maintain streets, roads, alleys, sidewalks, and parking areas, and to regulate and control the use thereof; (15) To regulate encroachments in, upon, over and under streets, alleys, and sidewalks; (16) To provide police, fire, sanitary and other similar protections -and ser- vices; (17) To drain swamp and overflow lands within or without the city for the better- ment of sanitary conditions within the city; (18) To establish and regulate a uniform system or employment practices so as to provide a permanent system of civil service; (19) To own and maintain cemeteries and crematories either within or without its corporate limits, and to regulate the use thereof; (20) To regulate building and density of population, and the nature, height, size and use of buildings and other structures, for the purpose of promoting the health, safety, morals or general welfare of its residents; (21) To make local improvements, and to impose and enforce liens for the pay- ment of the same in accordance with the general statutes of the state; (22) To provide a pension or retirement plan for its officers and employees; (23) To advertise and promote the interest of the municipality and its residents through legitimate and recognized means for the accomplishment of such purposes; (24) To borrow money for a period not longer than the remainder of the fiscal year in which the loan is made, and this power shall be in addition to the other pow- ers to borrow money set forth in this Charter, or granted by the general laws of this state; (25) To control the development and use of natural or artificial streams or bodies of water inside its corporate limits; (26) To dispose of seized, abandoned or captured property. 9 § 5 Atlantic Beach City Code Article II. The Commission. Sec. 5. Number; selection; term. § 9 The city commission shall consist of five (5) electors of the City of Atlantic Beach, who have the qualifications as defined in section 6, article II of this Charter, elected at large. The seats shall be known as seats 1 to 5, respectively, and seat 1 shall be designated as mayor -commissioner, and they shall hold office for the terms respectively as hereinafter stated: Seat 1, mayor -commissioner, shall be elected for two-year terms; in the 1961 primary and general municipal elections, seats 2 and 3 shall be elected for a two-year term and seats 4 and 5 shall be elected for a four-year term; thereafter seats 2, 3, 4 and 5 shall be elected for four-year terms. (Sp. Acts 1961, ch. 61-1862.) Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been residents of the city for one year, shall have qualifications of electors in the city, and shall be freeholders with- in the limits of the city. Members of the city commis s.151:1 --not hold any other eTctive public office: —Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted or who shall be convicted •of a crime involving moral turpitude, shall forfeit his office. Absence from four con- secutive regular meetings of the city commission shall operate to vacate the seat of a member unless such absence is excused by the city commission by resolution set- ting forth the fact of such excuse duly entered upon the minutes. (Sp. Acts 1961, ch. 61-1861.) Sec. 7. Salary. The annual salary of commissioners shall be one hundred twenty dollars until changed by ordinance, but shall not be increased during the current term of commis- sioners enacting such ordinance. Sec. 8. Presiding officer: Mayor. The commissioner elected as mayor -commissioner shall preside at all meet- ings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, shall, when directed to do so by the city commission, execute all instruments to which the city is a party, unless otherwise provided by this Charter or by ordinance, but shall have no regular administrative duties except as authorized in this Charter. In the temporary absence or disability of the mayor -commissioner, his duties shall be per- formed by the mayor pro -tem who shall be appointed by the commission from its own members. Sec. 9. Powers. Except as otherwise provided in this Charter, all powers of the city, and the determination of all matters of policy shall be vested in the city commission. 10 § 9 The Charter § 9 Without limitation of the foregoing, the city commission shall have power to: (1) Be the judge of the election and qualifications of its own members; (2) Adopt a budget; (3) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (4) Appoint members of official boards of advisory groups; (5) Adopt and modify the official map of the city; (6) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence, or other purposes; (7) Create a housing authority; (8) . Provide for an independent audit; (9) Remit fines or other penalties imposed by the municipal court; (10) Pass ordinances and laws for the preservation of the public peace and order, and impose penalties for the violation thereof; provided, that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars and imprisonment for a period of time not longer than ninety days; (11) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the city commission has passed an ordinance in which is stated the terms of the leases; (12) Sell golf courses, hospitals, airports, parks and the public utility systems, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance in which there is 'a finding that public wel- fare no longer required the operation of any such facility and in which are stated the terms of sale, and after such ordinance has been submitted to the qualified voters of said city at an election called for that purpose, which election shall be called and held as is herein prescribed for bond elections; (13) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (14) Appoint, remove and fix the compensation of the city manager, city attor- ney, municipal judge, city prosecutor, city comptroller, city clerk, city tax asses- sor and city treasurer; and all other officers and employees appointed by the city commission; 11 § 10 Atlantic Beach City Code (15) Appoint advisory boards; § 13 (16) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provi- sions of this Charter. Sec. 10. Appointment of city manager. The city commission shall appoint an officer of the city, who shall have the title of city manager, and shall have the powers and perform the duties provided in this Charter. No city commissioner shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. Sec. 11. Removal of city manager. The city commission shall appoint the city manager for an indefinite term, and may remove bim by a majority vote of its members. At least thirty days before such removal shall become effective, the city commission shall, by a majority vote of its members, adopt a preliminary resolution stating that they intend to remove the city manager. The city commission may, in its discretion, furnish the city manager in writing the reasons for such removal., and it may, in its discretion, give him a pub- lic hearing upon the same before the city commission, which public hearing shall be Md not earlier than twenty nor later than thirty days after the adoption of such pre- liminary resolution. After expiration of thirty days from the passing of such prelim- inary resolution, the city commission, by a majority vote of its members, may adopt a final resolution of removal. By the preliminary resolution the city commission may suspend the city manager from duty,, but shall in any case cause to be paid him any unpaid balance of his salary, and his salary for the time between the preliminary res- olution and final resolution of removal, Sec. 12. Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect within fifteen days, by the affirmative votes of not less than three members, an eli- gible person to fill the vacancy until the next general election. Sec. 13. Creation of new departments or offices; change of duties. The city commission by ordinance may create, change and abolish offices, de- partments or agencies, other than the offices, departments and agencies established by this Charter. With the exception of the city clerk, and city comptroller, 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 as- sign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. 12 § 14 The Charter § 19 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 a meeting of the city commission held at 8:00 P. M. on the first Tuesday in November. 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. All official meetings of the city commission shall be held at the city hall and be open to the public. (Sp. Acts 1961, ch. 61-1861.) Sec. 15. City commission to be judge of qualifications of its members. The city commission shall be the judge of the election and qualifications of its members, and for such purposes shall have power to subpoena witnesses and require the production of records. Sec. 16. Rules of procedure; journal of minutes. The city commission shall determine its own rules and order of business. It shall require a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to public inspection. 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, or providing for the appropriation of funds, or for the contracting of indebtedness, or for the sale of real property shall be by ordinance. The enact- ing clause of all ordinances shall be: "BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA. " Sec. 18. Procedure for passage of ordinances; first reading. Every ordinance shall be introduced in writing, and after passage on first read- ing shall be publicly posted at the City Hall at least once, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The posting shall be at least five days prior to the time of its pub- lic hearing and final passage. Sec. 19. Second reading; public hearing; further considera- tion; final passage. At the time and place so posted, or at any time and place to which such hearing shall from time to time be adjourned, such ordinance shall be read in full and, after such reading, all persons interested shall be given an opportunity to be heard. Af- ter such hearing, the commission may finally pass such ordinance with or without amendment. The second passage of any ordinance pursuant to this Charter shall be final and no further passage shall be required. 13 § 20 Atlantic Beach City Code Sec. 20. Further consideration; final passage. § 23 After such hearing, the city commission may finally pass such ordinance with or without amendment, except that if it shall make an amendment which constitutes a change of substance, it shall not finally pass the ordinance until it shall have caused the amended sections to be posted at least once, together with a notice of the time and place when and where such amended ordinance will be further considered, which posting shall be at least five days prior to the time stated. At the time so posted, or at any time and place to which such meeting shall be adjourned, the amended ordi- nance shall be read in full, and a public hearing thereon shall be held, and after such hearing the city commission may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pur- suant to this Charter shall be final and no further passage shall be required. Sec. 21. Publication of ordinances after final passage; permissive referendum. After final passage every ordinance shall again be posted in full, and, except as otherwise provided in this Charter, shall be subject to permissive referendum as provided in article X of this Charter. Every ordinance, unless it shall specify an- other date, shall become effective at the expiration of twenty days after such posting following final passage, or if the ordinance be submitted at a referendum election, then upon a favorable vote of a majority of those voting thereon, except as otherwise expressly provided by this Charter. Sec. 22. Exception as to newspaper publication of ordinances. Notwithstanding the provisions of the foregoing section, ordinances need not be published in a newspaper, either before or after final passage. In lieu of publication of the ordinance, at least three (3) correct copies thereof in the form in which it has been passed on its first reading shall be made available to public inspection in the of- fice of the city clerk, and there shall be posted a notice describing the ordinance in brief and general terms and stating that it is available for public inspection in the of- fice of the city clerk, together with the time and place when and where it will be con- sidered for final passage; and after final passage there shall be posted a notice de- scribing the ordinance in brief and general terms and stating that it is available for public inspection in the office of the city clerk, and the date upon which it will take effect, unless submitted to referendum, in which event that it will not take effect un- less approved as required by law. Sec. 23. Emergency ordinances. The city commission by unanimous vote, may enact ordinances dealing with emer- gencies. Any new and unexpected condition or occurrence of a nonrecurring nature, that constitutes an immediate and serious menace to the public welfare of the city, shall be deemed an emergency. When no expenditure of city funds is entailed emer- gency ordinances may be temporarily effective for a period of not more than twenty days from the date of their passage on their first reading; but such ordinances shall be subject to all other provisions of this Charter governing the enactment of ordinances, and if not finally adopted in the manner herein provided shall expire at the end of the 14 § 24 The Charter § 26 time for which they are temporarily effective. An emergency ordinance authorizing the expending of funds by the city for other than a regular or recurring requirement, may be effective upon any date fixed in the ordinance by the city commission; provi- ded that the ordinance shall not authorize the expenditure in any manner of any great- er sum than the unexpended balances in the current contingent funds. Every emer- gency ordinance shall set forth specifically the conditions or occurrences that create the emergency, and shall be printed in full in the first issue of any newspaper there- after published and of general circulation in Duval County, Florida, in addition to the other postings required herein, and shall be captioned as an emergency ordinance. Failure on the part of the city commissioners to comply with the provisions of this section when enacting emergency ordinances shall be ground for recall. Sec. 24. Independent annual audit. At the beginning of each fiscal year the commission shall designate a certified public accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of finan- cial transactions of the city government and shall submit a written report to the com- mission and to the city manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of the city business, but, within spec- ifications approved by the commission shall post -audit the books and documents kept by the city comptroller and any separate or subordinate accounts kept by any other office, department or agency of the city government. Article III. The City Manager. Sec. 25. Qualifications. The city manager shall be chosen by the city commission solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a res- ident of the city or state, but during his tenure of office he shall reside within the city. Sec. 26. Powers and duties. The city manager shall be the chief executive officer and head of the administra- tive branch of the city government, except as herein provided. He shall be responsi- ble to the city commission for the proper administration of all affairs, except as otherwise provided in this Charter, of the city and to that end, subject to civil ser- vice or personnel provisions provided for in this Charter, he shall have power and shall be required to: (1) Appoint and, when necessary for the good of the city, remove all officers and employees of the city, except as otherwise provided by this Charter, and except as he may authorize the head of a department or office to appoint and remove subor- dinates in such department or office; 15 § 27 Atlantic Beach City Code § 30 (2) Prepare the budget annually and submit it to the city commission, and be re- sponsible for its administration after adoption; (3) Prepare and submit to the city commission, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the pre- ceding year; (4) Keep the city commission advised of the financial condition and future needs of the city, and make such recommendatigns as may seem to him desirable; (5) Perform such other duties as may be prescribed by this Charter or required of him by the city commission, not inconsistent therewith. Sec. 27. Absence of the city manager. To perform his duties during his temporary absence or disability, the city man- ager may designate, by letter filed with the city clerk, a qualified administrative officer of the city. In the event of the failure of the city manager to make such desig- nation, the city commission may by resolution appoint an officer of the city to per- form the duties of the city manager until he shall return or his disability shall cease. Sec. 28. Administrative departments. There may be a department of finance, department of personnel, and such other departments as may be established by ordinance. Sec. 29. Directors of departments. At the head of each department placed under the city manager as provided here- in, there shall be an officer of the city who shall have supervision and control of the department subject to the city manager. Except as herein provided, two or more departments may be headed by the same individual. The city manager may head one or more departments, and heads of departments may also serve as chiefs of divi- sions. Sec. 30. Departmental divisions. The work of each department shall be distributed among such divisions thereof as may be established by ordinance. Pending the passage of an ordinance or ordi- nances distributing the work of departments under the supervision and control of the city manager among specific divisions thereof, the city manager shall establish tem- porary divisions. 16 § 31 The Charter § 32 Article IV. City Comptroller, City Clerk City Treasurer and City Tax Assessor. Sec. 31. City clerk. The city commission shall appoint an officer of the city who shall have the title of city clerk. He shall serve at the pleasure of the city commission and shall be un- der its direction and control. He shall receive a salary to be.fixed.by the city com- mission. He shall give notice of the meetings of the city commission; shall keep the minutes of its proceedings; shall be custodian of the city's seal; shall authenticate by his signature and record in full in a book kept for that purpose all ordinances and res- olutions; shall perform the duties of registration officer and shall perform any other duties required by this Charter. If a person qualified to fill the positions be available, the office of city clerk may, at the discretion of the city commission, be combined with that of the city comptroller and city treasurer. Notwithstanding any other provi- sion of law, or of this Charter, the office of the city clerk shall never be combined with any office other than city comptroller or city treasurer, or given any other du- ties except those specifically delegated in this Charter to either the city comptroller and city treasurer. The city clerk shall have the power to administer oaths. Sec. 32. City comptroller. The city commission shall appoint an officer of the city who shall have the title of city comptroller. He shall serve at the pleasure of the city commission and shall be under its direction and control. He shall receive a salary to be fixed by the city commission. He shall have knowledge of accounting and shall have had experience in budgeting and financial control. If a person qualified to fill the positions be available, the office of the city comptroller may, at the discretion of the city commission, be combined with that of city clerk and city treasurer. Notwithstanding any other provi- sion of law, or of this Charter, the office of city comptroller shall never be combined with any office other than that of city clerk or city treasurer, or given any other du- ties except those specifically delegated in this Charter to either the city clerk or city treasurer. The city comptroller shall have power and be required to; (1) Exercise financial budgetary control over every department, board, com- mission, and agency of the city to insure that all moneys are legally expended, and that budget appropriations are not exceeded; (2) Prescribe the forms of accounting and the forms of receipts, vouchers, bills, claims or other forms to be used by all the offices, boards, commissions, and agencies of the city government, in and about its fiscal affairs; (3) Audit all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government; (4) Inspect and audit any accounts or records which may be maintained in any office, department or agency of the city government. 17 § 33 Atlantic Beach City Code Sec. 33. City tax assessor. § 36 The city commission shall appoint an officer of the city who shall have the title of city tax assessor. He shall serve at the pleasure of the city commission and shall be under its direction and control. He shall receive such compensation as shall be fixed by the city commission. He shall prepare tax maps, assess all proper- ties subject to annual taxation within the corporate limits of the city for taxation and shall perform all the usual duties of a tax assessor; provided, however, that the city commission may by ordinance provide that the city tax assessor, in the preparation of the roll, shall adopt the assessments either as to personal property, or real es- tate, or both, made by the tax assessor of Duval County, Florida, upon such proper- ty in the city subject to taxation by it. Notwithstanding any other provision of law, or of this Charter, the office of city tax assessor shall never be combined with any other office of the city. (Sp. Acts 1967, ch. 67-1086. ) Sec. 34. City treasurer. The city commission shall appoint an officer of the city who shall have the title of city treasurer. He shall serve at the pleasure of the city commission and shall be under its direction and control. He shall receive such compensation to be fixed by the city commission. He shall collect, receive and account for all taxes, fees, or other funds due the city and shall be custodian of such funds. All funds of the city shall be deposited by the city treasurer in such banks or depositories as may be di- rected from time to time by the city commission and shall be withdrawn and disbursed from time to time in such manner as may be provided by resolution of the city com- mission. If a person qualified to fill the position be available the office may be com- bined with that of city clerk and city comptroller at the discretion of the city commis- sion. Notwithstanding any other provision of law, or of this Charter, the office of city treasurer shall never be combined with any office other than that of city clerk or city comptroller, or given any other duties except those specifically designated in this Charter to either the city clerk or city comptroller. Article V. Department of Public Safety. Sec. 35. Director of public safety. There shallbe a police department and a fire department; the supervisory head of which shall be the director of public safety, who shall be a commissioner, the city manager, or any other qualified person as provided by ordinance. In the absence of such an ordinance, the city manager shall be the director of public safety. Sec. 36. Police department. The chief of police shall be the head of the police department and shall be ap- pointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city com- mission. 18 § 37 The Charter § 41 Sec. 37. Chief of police; Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city com- mission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; to attend municipal court during its sittings; to execute its commands and to aid in the enforcement of order therein and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commis- sion and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. Sec. 38. Chief of police and his deputies; Powers and authority. The chief of police and his deputies shall have the power and authority to imme- diately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the City of Atlantic Beach and shall without unnecessary delay, bring the offenders before the municipal court to be dealt with according to law. Sec. 39. Fire department. The fire chief shall be the head of the fire department and shall be appointed and removed by the director of public safety, subject to the approval of the city commis- sion. He shall receive such compensation as determined by the city commission. Sec. 40. Fire chief: Duties and authority. It shall be the duty of the fire chief to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of all city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the limits of the City of Atlantic Beach, and to execute all papers and process of the city or its authorities relating thereto, and to perform such other du- ties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the fire chief shall have and exercise control over the fire department. Article VI. Budget. Sec. 41. Fiscal year. The fiscal year of the city government shall be established by the city commis- sion by ordinance. Such fiscal year shall also constitute the budget and accounting year for all funds of the city. As used in this Charter, the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered. 19 § 42 Atlantic Beach City Code § 47 Sec. 42. Preparation and submission of budget. The city manager, at least thirty-five days prior to the beginning of each budget year, shall submit to the commission a budget and an explanatory budget message in the form, and with the contents provided by sections 53 through 62, inclusive. For such purpose, at such date as he shall determine, he, or an officer designated by him, shall obtain from the head of each office, department, or agency estimates of revenue and expenditures of that office, department or agency, detailed by organiza- tion units and character and object of expenditure, and such other supporting data as he may request; together with an estimate of all capital projects pending or which such department head believes should be undertaken (a) within the budget year and (b) as requested within succeeding years. In preparing the budget, the city manager shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. Sec. 43. Budget a public record. The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection by anyone. Sec. 44. Publication of notice of public hearing. At the meeting of the commission which the budget and budget message are sub- mitted, the commission shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven days after date of publication, at which the commission will hold a public hearing. Sec. 45. Public hearing on budget. At the time and place so advertised, or at any time and place to which such pub- lic hearing shall from time to time be adjourned, the commission shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. Sec. 46. Further consideration of budget. After the conclusion of such public hearing, the commission may insert new items or may increase or decrease the items of the budget. Sec. 47. Balance of budget. After such hearing, the commission may insert the additional item or items, and make the increase or increases, or to a lesser amount, but where it shall increase the total proposed expenditures, it shall also increase the total anticipated revenue to at least equal such total proposed expenditures. 20 § 48 The Charter § 53 Sec. 48. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all the members of the commisSion. Sec. 49.. Date of final adoption; failure to adopt. The budget shall be finally adopted not later than the twenty-seventh day of the last month of the fiscal year prior to the beginning of the next budget year. Should the commission take no final action on or prior to such day, the budget, as submit- ted, shall be deemed to have been finally adopted by the commission. Sec. 50. Effective date of budget; certification; copies made available. Upon the final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by the city manager and city clerk and filed in the office of the city comptroller. The budget so certified shall be print- ed, mimeographed or otherwise reproduced and sufficient copies thereof shall be made available for the use of all offices, departments, and agencies and for the use of interested persons and civic organizations. Sec. 51. Budget establishes appropriations. From the effective date of the budget, the several amounts stated therein as pro- posed expenditures shall be and become appropriated to the several objects and pur- poses therein named. Sec. 52. Budget establishes amount to be raised by property tax; certification to taxing authority. From the effective date of the budget, the amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. A copy of the budget as finally adopted shall be certified by the city manager and filed by hira with the officer, board, or commission whose duty it shall be to levy such taxes for the corresponding year. Sec. 53. Budget message; current operations. The budget message submitted by the city manager to the commission shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the impor- tant features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items and shall explain any major changes in financial policy. 21 § 54 Atlantic Beach City Code Sec. 54. Budget message; capital improvements. § 59 As a part of the budget message, with relation to the proposed expenditures for down payments and other proposed expenditures for capital projects stated in the bud- get, the city manager shall include a statement of pending capital projects and pro- posed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. Sec. 55. Budget message; capital program. The city manager shall also include in the message, or attach thereto, a capital program of proposed capital projects for such succeeding years as the commission may require. Sec. 56. Budget message; supporting schedule. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital improve- ments, as the city manager shall believe useful to the commission, Sec. 57. Budget. The budget shall provide a complete financial plan for the budget year. It shall contain in tabular form: (a) Detailed estimates of all anticipated revenues applicable to proposed expen- ditures; (b) All proposed expenditures. The total of such anticipated revenues shall equal the total of such proposed ex- penditures. x- penditures. Sec. 58. Anticipated revenues. Anticipated revenues shall be properly classified as to source. Sec. 59. Anticipated revenues compared with other years. In parallel columns opposite the several items of anticipated revenues there shall be placed the amount of each such item in the budget of the last completed fis- cal year, the amounts of such items actually received during the year, the amount of each such item in the budget of the current fiscal year and the amount actually re- ceived to the time of preparing the budget plus receipts for the remainder of the cur- rent fiscal year estimated as accurately as may be. 22 § 60 Sec. 60. Surplus. The Charter § 64 Surplus shall include revenue receipts made available by the lapsing of unencum- bered appropriation balances at the beginning of the budget year; receipts from unanti- cipated miscellaneous revenues of the preceding fiscal year; receipts from anticipated miscellaneous revenues of the preceding fiscal year in excess of the estimates in the budget; and receipts during the previous fiscal year from taxes or liens against which a complete reserve has been established. Sec. 61. Proposed expenditures; comparison with other years. In parallel columns opposite the several items of proposed expenditures, there shall be placed the amount of each such item in the budget of the last complete fiscal. year, the amount of such items actually expended during such year, the amount of each such item in the budget of the current year and the amount actually expended to the time of preparing the budget, plus the expenditures for the remainder of the cur- rent fiscal year estimated as accurately as may be. Sec. 62. Budget summary. At the head of the budget there shall appear a summary of the budget, which need not be itemized further than by principal sources of anticipated revenue, stating sep- arately the amount to be raised by property tax, and by departments and kinds of ex- penditures, in such a manner as to present to taxpayers a simple and clear summary of the detailed estimates of the budget. Article VII. Department of Finance. Sec. 63. Director of finance; appointment. The city commission may, at its discretion, establish a department of finance, the head of which shall be the director of finance, whose qualifications, powers, du- ties and method of appointment shall be defined by ordinance. Sec. 64. Work programs; allotments. Before the beginning of the budget year, the head of each office, department or agency shall submit to the city manager, when required by him, a work program for the year, which program shall show the requested allotments of the appropriations for such office, department or agency, by monthly period, for the entire budget year. The city manager shall review the requested allotments in the light of the work pro- gram of the office, department or agency concerned, and may revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriation available to said office, department or agency for the budget year. 23 § 65 Atlantic Beach City Code § 69 Sec. 65. Allotments constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the bud- get year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of the said in- come. Sec. 66. Transfers of appropriations. The city manager may at any time transfer any unencumbered appropriation bal- ance, or portion thereof, between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city commis- sion by resolution may at any time transfer any unencumbered appropriation balance, or portion thereof, from one office, department or agency to another office, depart- ment or agency. (Sp. Acts 1961, ch. 61-1863. ) Sec. 67. When contracts and expenditures prohibited. No officer, department, or agency shall, during any budget year, expend or con- tract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. Any officer or employee of the city who shall violate this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his office or em- ployment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for ser- vices for a period exceeding the budget year in which such contract is made, when such contract is permitted by law. Sec. 68. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended. Sec. 69. Fees shall be paid to city government. All fees received by an officer or employee shall belong to the city government and shall be paid daily to the city treasury. 24 § 70 The Charter § 73 Sec. 70. Division of purchases. The city manager or his appointed purchasing agent, pursuant to rules and regu- lations established by ordinance, shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The purchasing agent shall also have power and shall be re- quired to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity and conformance with specifica- tions; (3) Have charge of such general storerooms and warehouses as the commission may provide by ordinance; (4) Transfer to or between offices, departments or agencies. Sec. 71. Competitive bidding. Before the city manager or his appointed purchasing agent makes any purchase of or contract for supplies, materials or equipment, he shall give ample opportunity for competitive bidding, under such rules and regulations, and with such exceptions, as the commission may prescribe by ordinance. Sec. 72. Contracts for city improvements. Any city improvement costing more than one thousand dollars shall be executed by contract, except where such improvement is authorized by the commission to be executed directly by a city department in conformity with detailed plans, specifica- tions and estimates. All such contracts for more than one thousand dollars shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the city manager, with approval of the city commission, shall have the power to reject all bids and advertise again. Alter- ations in any contract may be made when authorized by the commission upon the writ- ten recommendation of the city manager. Sec. 73. Accounting control of purchases. All purchases made and contracts executed by the city manager or his appointed purchasing agent shall be pursuant to a written requisition from the head of the of- fice, department or agency whose appropriations will be charged, and no contract or order shall be issued to any vendor unless there is to the credit of such office, de- partment or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. 25 § 74 Atlantic Beach City Code § 79 Sec. 74. No contract executed until bond ordinance effective. No contract shall be executed for the acquisition of any property or the construc- tion of any improvement or betterment to be financed by the issuance of bonds until the ordinance authorizing the issuance of such bonds shall have taken effect and any contract executed before such day shall be unenforceable in any court of law. Sec. 75. Emergency appropriations. At any time in any budget year, the commission may, pursuant to this section, make emergency appropriations to meet a pressing need for public expenditure, for other than a regular recurring requirement, to protect the public health, safety or welfare. Such appropriation shall be by ordinance adopted by the favorable votes of at least four-fifths of the members of the commission, and shall be made only upon recommendation of the city manager. Sec. 76. Temporary borrowing. When deemed necessary the commission may, by ordinance, authorize the issu- ance of certificates of indebtedness or notes in anticipation of the collection of taxes or of special assessments, provided that the amount of such obligations, except as to special assessments, shall at no time exceed one-half of one percent of the as- sessed value of taxable property in the city according to the last assessment roll pre- ceding said loan. Such obligations shall be a first lien upon the proceeds of such tax- es or assessments, and shall mature within thirty days after such taxes or assess- ments become collectible. Article VIII. Department of Personnel. Sec. 77. Establishment. A department of personnel may be established by ordinance. Such ordinance shall make provisions for a personnel director, the qualifications, powers, and du- ties of such director, the appointment of a civil service board, the qualifications, removal and vacancies of a civil service board, and defining the powers, duties and service of such board. Article IX. Elections. Sec. 78. Elections. The city commission shall, by ordinance, make all regulations which it consid- ers needful or desirable, not inconsistent with this Charter, for the conduct of muni- cipal elections, and for the prevention of fraud therein. Inspectors and clerks of elections shall be appointed by the city commission. Sec. 79. Electors. Any person who is a qualified elector of the State of Florida, and who has re- sided in the city for six months, shall be an elector of this city. 26 § 80 The Charter § 81 Sec. 80. Registration of voters. The city clerk shall be the registration officer for the city and shall register all persons applying to him whose names are not already borne upon the registration record and who are qualified as electors under the provisions of this Charter. For this purpose the registration record shall always be open at the office of the city clerk, except that same shall be closed for five (5) days before and during the day of any city election. Each person applying to be registered shall make the following oath, which will be administered by the registration officer or his duly appointed dep- uty: "I do solemnly swear (or affirm) that I am twenty-one (21) years of age, a resi- dent of Florida for one (1) year, and of the City of Atlantic Beach for six (6) months; that Iam a citizen of the United States, registered and qualified to vote under the constitution and laws of the State of Florida." Any person taking such oath who shall swear falsely shall be guilty of perjury. The name of each person so registered shall be entered in a record prepared for that purpose, which record shall show under appropriate heading the age, occupation, exact place of residence, other appropriate identification data and whether the registrant is a freeholder. The city commission may, by ordinance, provide for revision of the registration list of voters when, in their opinion, a revision is necessary. Provided, however, that as an alternative system for the registration of voters and for the maintenance of registration records by the City of Atlantic Beach as hereinabove provided, the city commission may, by ordinance, provide for the adoption of the registration records maintained by the su- pervisor of registration of Duval County, Florida, as the official voter registration rolls for the City of Atlantic Beach for all persons shown on such county registration rolls to have the qualification of electors of said city, as prescribed by chapter 57- 1126, Laws of Florida, Special Acts of 1957. (Sp. Acts 1965, ch. 65-1248.) Sec. 81. Nominations. Any elector of the city having the additional qualifications and limitations as set forth in article II, section 6, may be nominated for the commission by petition. A petition for this purpose shall be signed by not less than ten (10) qualified electors. Each petition shall designate the seat for which the candidate is nominated. The sig- natures of the nominating petition need not all be subscribed to one paper but to each separate paper there shall be attached a signed statement of the circulator thereof, stating the number of signers of such paper and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be. With each signature, including the signature of the circulator, shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify it. The form of the nominating petition shall be sub- stantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate , whose residence is for the office of Commissioner, Seat No. , to be voted for at the election to be held on the day of , A. D. , and we indi- vidually certify that our names appear on the rolls of registered voters, that we are qualified to vote for a candidate for the Commission. 27 § 82 Atlantic Beach City Code § 82 "Name Street and Number Address from which last Date of Registered (if dif- ferent) Signing (SPACES FOR SIGNATURES AND REQUIRED DATE) "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 the fifteenth day of August next preceding the election shall be void. All nominating papers comprising a petition shall be filed as one instrument with the city clerk, not earlier than 12:00 Noon on the first Tuesday of September, nor later than 12:00 Noon on the third Tuesday of September, before the election. The city. clerk shall make a record of the exact time at which each pe- tition 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 five days after the filing of a nominating petition the city clerk shall noti- fy 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 insuffi- cient, 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 pe- tition, 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 commis- sion shall be preserved by the city clerk until the expiration of the term of office for which he has been nominated. Sec. 82, Elections: Primary. A primary election for the nomination of candidates for the office of city commis- sioners of the city, shall be held once every two years on the first Tuesday in October for each seat on the city commission which shall become vacant at eight o'clock P. M. on the first Tuesday in November of the same year. The two candidates for each seat to be filled receiving the greatest number of votes in said primary shall be certified as candidates or nominees at the general election, provided, however, that should 28 § 83 The Charter § 87 any candidate receive at such primary election a clear majority of all votes cast, he shall be declared regularly elected and shall not be required to enter the general elec- tion as hereinafter provided. (Sp. Acts 1961, ch. 61-1861. ) Sec. 83. Elections: General. A regular or general election of candidates or nominees to the office of city com- missioner shall be held once every two years on the third Tuesday in October, unless all candidates or nominees for each seat shall have received a majority of all votes cast for such seat in the immediately preceding, primary election, in which event such primary election shall be considered the general election for that year. The candi- date or nominee receiving the clear majority of votes for each seat at such general election shall be declared elected. In the event of a tie between two candidates for any seat upon the city commission in the general election, another election shall be held on the Tuesday following the general election, and the two candidates receiving the equal votes shall be the only candidates on the ballot for such general election. Sec. 84. Elections: Writing in of candidates. In addition to the names printed on the ballots for primary and general elections, there shall be printed under each seat to be voted on at such election a blank line upon which the electors may write in the name of some person other than those print- ed on the ballot and cast their vote for such person as a candidate for such seat. In the event the name of a single individual appears for more than one as a "write in" or otherwise, on any ballot, such "write in" shall be void and shall not be counted for any candidate whose name appears thereon., -7,244'0_44J'' Sec. 85. .Absentee voting. The city commission shall, by ordinance, prescribe procedures for absentee voting. Sec. 86. Elections: Governed by state law or ordinance. Except as herein specifically provided, all elections in the city shall be conducted substantially on the principles governing state elections, or as the city commission shall by ordinance prescribe. Sec. 87. Elections: Canvass of returns. The polls shall open at seven o'clock A. M. and shall close at seven o'clock P. M. The result of the voting when ascertained, shall be certified by return in duplicate, signed by the clerk and a majority of the inspectors of the election, one copy being delivered by such clerk and inspectors to the mayor -commissioner and the other to the city clerk, both of whom shall transmit such returns to the city commission at its next regularmeetingthereafter. At such meeting the city commission shall canvass the returns and the results as shown by such returns shall be by the city commission declared as the result of the election. The city clerk shall, not later than noon of the second day after the canvass of said election, furnish a certificate of election to each person shown to have been elected. 29 § $8 Atlantic Beach City Code Article X. Initiative and Referendum. Sec. 88. Power of initiative. § 91 The electors shall have power to propose any ordinance, except an ordinance ap- propriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the commission by a petition signed by registered electors of the city equal in number to at least twenty-five per centum of the registered electors at the last regular municipal election. Sec. 89. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the commission, or submitted by the commission to a vote of the electors, except as provided for bond ordinances, such power being known as the referendum. Ordinances submitted to the commission by initiative petition and passed by the com- mission without change shall be subject to the referendum in the same manner as other ordinances. Within twenty days after the enactment by the commission of any ordinance which is subject to a referendum, a petition signed by registered electors of the city equal in number to at least twenty-five per centum of the registered elec- tors at the last preceding regular municipal election may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. Sec. 90. Form of petitions; committee of petitioners. All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description suf- ficient to identify the place. There shall appear on each petition the names and ad- dresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Sec. 91, Filing, examination and certification of petitions, All petition papers comprising an initiative or referendum petition shall be as- sembled and filed with the city clerk as one instrument. Within twenty days after a petition is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a 30 § 92 The Charter § 95 sufficient number of qualified electors. The city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the city clerk shall certify the result thereof to the commission at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and Shall at once notify the committee of the petitioners of his findings. Sec. 92. Amendment of petitions. An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been sent by the city clerk, by filing a sup- plementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within five days after such an amendment is filed, make examination of the amended petition, and, if the petition be still insuffi- cient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action' shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Sec. 93. Effect of certification of referendum petition. When a referendum petition, or amended petition, as defined in section 92 of this Charter, has been certified as sufficient by the city clerk, the ordinance speci- fied in the petition shall not go into effect, or further action thereunder shall be sus- pended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. Sec. 94. Consideration by commission. Whenever the commission receives a certified initiative or referendum petition from the city clerk, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The commission shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the commission by the city clerk. A referred ordinance shall be reconsidered by the commission and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" Sec. 95. Submission to electors. If the commission shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the commission fails to repeal a referred ordinance, the proposed or referred ordi- nance shall be submitted to the electors not less than thirty days nor more than one 31 § 96 Atlantic Beach City Code § 99 year from the date the commission takes its final vote thereon. The commission may, in its discretion, and if no regular election is to be held within such period, provide for a special election. Sec. 96. Form of ballot for initiated and referred ordinances. Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisibns of this Charter shall be submitted by ballot title, which shall be prepared in all cases by the director of law or other principal legal adviser of the city. The ballot title may be different from the legal title of any such initiated or re- ferred ordinance and shall be a clear, concise statement, without argument or pre- judice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance, if a paper ballot, shall have below the ballot title the following proposi- tions, one above the other, in the order indicated; "FOR THE ORDINANCE" and - "AGAINST THE ORDINANCE. " Immediately at the left of each proposition there shall be a square in which by making a cross (x) the elector may vote for or against the or- dinance. Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance. Sec. 97. Availability of list of qualified electors. If any organization or group requests it for the purpose of circulating descriptive matter relating to the ordinance to be voted on, the board of elections or city clerk or other office, department or agency of the city having the list of qualified electors shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof. Sec. 98. Results of election. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Sec. 99. Repealing ordinances; posting. Initiative and referendum ordinances adopted or approved by the electors shall be posted, and may be amended or repealed by the commission, as in the case of other ordinances. 32 § 100 The Charter Article XI. Recall. Sec. 100. Recall petition. § 102 Any or all members of the city commission may be removed from office by the electors by the following procedure: A petition for the recall of the city commissioner or commissioners designated, signed by at least twenty-five per centum of the quali- fied electors of the city who were registered at the last regular municipal election, and containing a statement in no more than two hundred words of the reasons of the recall, shall be filed with the city clerk, who shall forthwith notify the city commis- sioner or commissioners sought to be recalled, and he or they, within five days after such notice, may file with such city clerk a defensive statement in not exceeding two hundred words. The city clerk shall at once upon the expiration of said five days cause sufficient number of typewritten copies of such petition, without the signatures, to be made, and to each of them he shall attach a printed or typewritten copy of such defensive statement, if one is furnished him within the time stated. He shall cause copies of such petitions to be placed on file in some convenient public place in the City Hall and provide facilities there for signing same, and he shall immediately cause notice to be published in some newspaper of general circulation in the city of the placing of such copies of such petitions. Such copies of such petitions shall re- main on file in the place designated for the period of thirty days, during which any of them may be signed by an elector of the city in person; but not by agent or attorney. Each signer of any such copy shall sign his name in ink or indelible pencil and shall place thereafter his residence by street number, if a number has been assigned to his residence. Sec. 101, Notice. At the expiration of said period of thirty days the city clerk shall assemble all of said copies in his office as one instrument, and shall examine the same and ascer- tain and certify thereon whether the signatures thereto amount to at least twenty-five percent of the registered electors of the city. If such signatures do amount to said twenty-five percent, he shall at once serve notice of that fact upon the city commis- sioner or commissioners designated in the petition, and also deliver to the city com- mission a copy of the original petition with his certificate as to the percentage of registered electors who signed the same and a certificate as to the date of his last mentioned notice to the city commissioner or commissioners designated in the peti- tion. Sec. 102. Recall election. If the city commissioner or commissioners or any of them, file with the city clerk within five days after the last mentioned notice his or their written resignation, the said city clerk shall at once notify the city commission of that fact and such re- signation shall be irrevocable, and the city commission shall proceed to fill the va- cancy. In the absence of any resignation the city commission shall forthwith order and fix a day for holding a recall election for the removal of those not resigning. Any such election shall be held not less than thirty days nor more than sixty days after the expiration of the period of five days last mentioned, and at the same time 33 103 Atlantic Beach City Code § 104 as any other general or special election held within such period; but if no such gen- eral or special election be held within such period, the city commission shall call a special election to be held within the period aforesaid. Should the city commission fail or refuse to order an election as herein provided within the time required such election may be ordered by any court of competent jurisdiction. Sec. 103. Ballots. The ballots at such recall election shall conform to the following requirements: With respect to each person whose removal is sought, the question shall be submitted: "Shall (name of person) be removed from the office of City Commissioner by recall?", and immediately following each such question there shall be printed on the ballots the two propositions in the order here set forth: "For the recall of (Name of Person)" "Against the recall of (Name of Person)" Immediately to the left of each of the propositions shall be placed a square on which the electors, by making a cross mark (x) may vote upon either of such propositions. Sec. 104. Filling of vacancies. In any such election, if a majority of the votes cast on the question of removal of any city commissioner are affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the announcement of the official can- vass of that election, and the vacancy caused by such recall shall be filled by the re- mainder of the city commission, according to the provisions of this Charter. If how- ever, an election is held for the recall of more than one city commissioner, candi- dates to succeed them for the unexpired terms shall be voted upon at the same elec- tion, and shall be nominated without primary election, by petition signed by ten qual- ified electors of said city. The petition shall contain the name of such person whose name is presented for a place on the ballot, and that such person is a candidate for the office of city commissioner for the city, and each elector signing the petition shall add to his signature his place of residence, with street and number if a number has been assigned to his place of residence, and the date of signing, and all signa- tures shall be made with ink or indelible pencil. To such petition shall be attached an affidavit of the circulator thereof, stating the number of signers thereto, that each person signed in his presence on the date mentioned, and that the signature is that of the person whose name it purports to be. Such petition shall be filed with the city clerk not less than fifteen days previous to the date of such election. Any per- son whose name has been submitted for candidacy by any such petition shall file his acceptance of such candidacy with the city clerk not later than ten days previous to such election; otherwise his name shall not appear on the ballot. But no such nomi- nating petition shall be signed or circulated until after the time has expired for sign- ing the copies of the petition for recall, and any signatures thereon antedating such time shall not be counted. 34 § 105 The Charter Sec. 105. Counting the vote. § 109 Candidates shall not be nominated to succeed any particular city commissioner; but if only one city commissioner is removed at such election, the candidate at such election receiving the highest number of votes shall be declared elected to fill the va- cancy until the next general election; and if more than one city commissioner is re- moved at such election the candidates at such election with the highest number of votes, equal in number to the number of city commissioners removed shall be de- clared elected to fill the vacancies until the next general election. Sec. 106. Effect of resignation. No proceedings for the recall of all the members of the city commission at the same election shall be defeated in whole or in part by the resignation of -any or all of them, but upon the resignation of any of them, the city commission shall have the pow- er to fill the vacancy until a successor is elected, and the proceedings for the recall and election of successors shall continue and have the same effect as though there had been no resignation. Sec. 107. Miscellaneous provisions. Except as herein otherwise provided, no petition to recall any city commissioner shall be filed within six months after he takes office. The city clerk shall preserve in his office all papers comprising or connected with a petition for a recall for the period of one year after the same were filed. The method of removal herein provided is in addition to such other methods as are or may be provided by general law. Sec. 108. Offenses relating to petitions. No person shall falsely impersonate another, or purposely write his name or residence falsely, in the signing of any petition for recall, or forge any name there- to, or sign any such paper with knowledge that he is not a qualified elector of the city. No person shall sign, or knowingly permit to be signed, . any petition for recall at any place other than that designated by the city clerk. Any person violating any of the pro- visions of this section shall be deemed guilty of a misdemeanor and shall, upon con- viction, be fined in any sum not to exceed five hundred dollars, and costs of prosecu- tion, and may be imprisoned for not exceeding sixty days, or both, at the discretion of the municipal court. The foregoing provisions shall not be held to be exclusive of, but in addition to, all laws of the state prescribing penalties for the same offenses or for other offenses relating to the same matter. Article XII. Franchises. Sec. 109. Granting of franchises. The city shall have power to grant a franchise to any private or public enter- prise for the use of streets and other public places in the furnishing of any public utility service to the city and its inhabitants. All franchises and any renewals, ex- tensions and amendments thereto shall be granted only by ordinance, and under such 35 § 110 Atlantic Beach City Code § 113. limitations as may be provided by laws of the State of Florida. If the proposed fran- chise is for five years or more, the ordinance approving said franchise shall not be effective unless itis approved at a referendum in the same manner provided in this Charter for the approval of the issuance of bonds. Article XIII. Tax Administration. Sec. 110. Property subject to tax; method of assessment. All property within the city not expressly exempted by law shall be subject to an- nual taxation at its full cash value. The assessor shall begin the work of assessing all property on and as of the first day of January of each year. On or before the first day of July of each year, he shall present to the city treasurer an assessment roll of the property taxable within the city, together with a true copy thereof to be known -as the assessor's duplicate. The city treasurer shall make the assessment roll avail- able for public inspection during the period from the first day of July to the first day of August. Sec. 111. Board of assessment review: Appointment; vacancies. There shall be a board of assessment review toconsistof three members who shall be appointed by the city commission for a term of three years, except that of those first appointed one shall be for a term of two years and one for a term of one year, at such salary as may be determined by the commission. Vacancies in the membership of such board shall be filled by appointment by the commission for the unexpired term. Sec. 112. Board of assessment review: Qualifications. (a). All members of such board shall be selected upon the basis of their knowl- edge of the subject of taxation and property values and shall at the time of their ap- pointment have been residents of the city for at least two years immediately preced- ing and shall continue as residents during their terms of office, If a member of such board shall cease to be a resident his office shall thereby become vacant. (b). No member of the board shall hold any elected public office. Sec. 113. Board of assessment review: Powers and duties. The board of assessment review shall have the power to: (1) Review on complaint of property owners assessments for the purpose of tax- ation of property within the city made by the city assessor. (2) Administer oaths. (3) Take testimony. 36 § 114 The Charter § 117 (4) Hold hearings. (5) Adopt regulations regarding the procedure of assessment review. Such board shall annually choose from its membership a chairman and secretary, except that in lieu of one of the members, of such board serving as secretary the com- mission may authorize such board to appoint either a full-time or a part-time nonmem- ber secretary and to fix his compensation. Such board shall have power within the limits of its budget appropriation to employ such other necessary clerical assistance and to employ or contract for such technical assistance as may be necessary from time to time in the performance of its duties. The board shall be required to keep an accurate record of all its proceedings, which shall be available for public inspection. Sec. 114. Public hearings on complaints. Beginning the second day of July of each year and as long thereafter as may be necessary the board of assessment review shall hear and determine the complaint of any person in relation to the assessment roll. Complaints to the board of assessment review shall be in writing and under oath, but the procedure before such board shall be informal and of a nature calculated to effect equalization and justice as simply as possible. Hearings upon complaints shall be held in the order received and as prompt- ly after the filing thereof as possible and the determination of the board of assessment. review shall be made within twenty days after such filing. Such determination shall be immediately certified by the secretary of the board to the city assessor, whose du- ty it shall be to make such corrections upon the assessment roll and duplicate as the board may determine. The city assessor shall thereupon immediately certify the as- sessment roll and duplicate and deliver the same to the city treasurer. Sec. 115. Appeal to courts. Appeal from the determination of the board of assessment review may be taken to a court of competent jurisdiction not later than thirty days after certification to the city assessor. Sec. 116. City treasurer's bond. The city treasurer shall, before the delivery to him of the assessment roll, and - at the discretion of the commission, give a surety bond for such amount as they may fix, for the faithful performance of his duties. Sec. 117. Extension of tax for current year on assessment roll. After adoption of the current budget by the commission in accordance with the procedure prescribed in article VI of this Charter and the determination thereby of the amount to be raised by taxation, the city treasurer, upon receipt of the assess- ment roll and duplicate from the city tax assessor shall cause to be extended on the assessment roll and duplicate the amount of tax computed upon each assessment at therate necessary to raise the required amount, In each case where the extension is less than one dollar said extension shall be one dollar. 37 § 118 Atlantic Beach City Code § 123 Sec. 118. Preparation and delivery of tax bills. As soon as the duplicate is delivered to the city treasurer, he shall at once be- gin the work of preparing, completing and mailing or otherwise delivering tax bills to the owners of property assessed so far as such owners are known and shall com- plete such work on or before the first day of October. The validity of any tax or the time at which the same shall be payable shall not be affected by the failure of the treasurer to mail or otherwise deliver a tax bill. Sec. 119. Delinquent installments. No amounts received for taxes shall be applied to any current year's taxes until all previous year's taxes have been paid. Sec. 120. Description of tax bill. Each tax bill shall contain a brief description of the property, a statement of the valuation of the property against which the tax is levied, the full amount payable and the discount available for prompt payment. Sec. 121. Taxes: When payable. All taxes shall be due and payable on the first day of November in each year, or as soon thereafter as the assessment roll may come into the hands of the city treas- urer, of which he shall give notice by publication once a day for four consecutive days in some newspaper published in Duval County, Florida, or by posting said notice in the City Hall and two other public places in said city, and taxes remaining due and unpaid on the first day of April thereafter shall be enforced as hereinafter in this Charter provided, and interest at the rate of twelve percent per annum from the first day of April shall be added thereto and collected. The same discounts shall be al- lowed on tax payments due the city as are allowed on tax payments due counties under the general statutes of the State of Florida. Sec. 122. Constitute a lien. Taxes and assessments together with the interest imposed for delinquencies and cost of collection shall be and continue a lien upon the property assessed, superior to all other liens or claims, until the same shall be paid. Sec. 123. May issue distress warrants. The city treasurer shall have power to issue distress warrants in the name of the state and city to enforce collection of taxes on personal property and privileges. Such warrants may be executed by the chief of police or any constable or sheriff, according to the method provided by law for the collection of state and county taxes lawfully assessed on personal property. �8 § 124 The Charter § 125 Sec. 124. Collection of taxes. The city treasurer shall, unless otherwise provided, proceed substantially in the same manner in the collection of taxes on personal property and privileges as is provided by state law for the collection of state and county taxes assessed on such property. If the taxes on real estate shall not be paid before the first day of April of any year, the city commission may require the city clerk at any time thereafter, to make from the assessment roll a separate copy of any assessment thereon remaining un- paid, showing the assessment of any lot, parcel or tract of land as the same appears from the city assessment roll, which he shall certify to be a true and correct copy from the city assessment roll of the assessment of the lot, parcel or tract therein described, and deliver same to the attorney at law selected by the city commission for the collection, which certificate shall be prima facie evidence of the contents of the assessment roll and of the levies made thereon, in all suits to enforce the pay- ment of the lien for such taxes or assessments as may appear in the said copy. The attorney charged with the collection of any such tax may thereupon prepare and file in the office of the clerk of the circuit court of Duval County, Florida, a suit in chan- cery in the name of the city, alleging the city's claim of lien against such real estate, and he shall name as parties defendant to said suit, the parties names as owners of such real estate on the copies from the city's assessment roll so certified to him, and such other persons as the attorney may know or have satisfactory reason to believe to be the owner of or interested in such real estate, or to have any right thereto, or lien thereon, and the city's claim and lien for taxes and assessments shall be by the said court enforced by decree and sale of the property against which a lien is found to exist, as other liens are enforced in chancery. The taxes or assessments on any number of different tracts, pieces or parcels of land may be collected in one suit, as the attorney for the city may determine. Upon a collection of moneys due the city, payment shall be made, first, of all court costs, including the cost of abstracts, clerks', sheriff's and master's and advertis- ing fees; second, of the amount due the city for taxes and interest, and last, reason- able attorney's fees in connection with the collection of said tax to be fixed by the court in its decree. Sec. 125. Licenses. The city commission is authorized to levy and impose license taxes by ordinance, for the purpose of regulation and revenue, upon all occupations, and upon any and all privileges, and to create and fix the amounts to be paid; to provide for the collection of the same, and to provide penalties for failure or refusal to pay such license taxes. All such license taxes, so imposed, shall constitute a legal indebtedness to the city, which may be recovered in any court of competent jurisdiction. The city commission may, by ordinance, provide for licensing the keeping of dogs, and for the destruction of dogs, the owner and keeper whereof shall not comply with the regulations pre- scribed by ordinance in effect thereto, and for the punishment of persons violating the ordinances on this subject. 39 § 126 Atlantic Beach City Code § 129 Sec. 126. Period covered by licenses. Licenses shall be issued for the periods and be transferrable as provided by or- dinances. The agent or agents of nonresident proprietors shall be severally respon- sible for carrying on business in like manner as if they were proprietors. The fact that any person, firm or corporation reporting himself or itself as engaged in any business calling, profession or occupation for the transaction of which a license is required, or that person, firm or corporation exhibiting a sign or advertisement in- dicating engagement in such business calling, profession or occupation, shall be con- clusive evidence of the liability of such person, firm or corporation to pay a license. Article XIV, Zoning. Sec. 127. The city may regulate building, density of popula- tion, and the location and use of buildings, structures and land and water. For the purpose of promoting health, safety, morals, or the general welfare of the city, the city may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes. Wherever the city commission shall elect to exercise any of the powers granted to it under this article, said powers shall be exercised in the manner hereinafter pre- scribed. Sec. 128. Division of city into districts for purposes of regulation. For any and all said purposes the city commission may divide the corporate area of the city into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this article; and within such districts it may regu- late and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulation in one district may differ from those in other districts. Sec. 129 Purposes in view in making regulations. Regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dan- gers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facil- itate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consider- ation, among other things, to the character of the district and its peculiar suitability 40 § 130 The Charter § 133 for particular uses, and with a view to conserving the value of buildings and encour- aging the most appropriate use of land throughout the city. Sec. 130. City to provide procedure; regulation, restriction or boundary not effective until after public hear- ing thereon; publication of notice of hearing re- quired. The city commission of said city shall provide for the manner in which such reg- ulations and restrictions and the boundaries of such districts shall be determined, es- tablished, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in a newspaper in general circulation in the city. Three notices shall be published in at least three conspicuous places within the city including the City Hall, Sec. 131. Regulation, restriction and boundary subject to change or repeal; protest of change; vote re- quired to effect change over protest; publica- tion of notice of change required. Regulations, restrictions, and boundaries may, from time to time, be amended, pupplemented, changed, or repealed. In case, however, of a protest against such change signed by the owners of twenty percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear there- of extending five hundred feet therefrom, or of those directly opposite thereto extend- ing five hundred feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three-fourths of the city commission of said city. The provisions of section 130 relative to public hearings and official notice shall apply equally to all changes or amendments. Sec. 132. Zoning commission. The city commission shall appoint a commission, to be known as the zoning com- Tnission, to recommend the boundaries of the various original districts and appropri- ate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the city commission shall not hold its public hearings or take action until it has received the final report of such commission, Sec. 133. Board of adjustment. The city commission may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this arti- cle may provide that the said board of adjustment may, in appropriate cases and sub- ject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purposes and intent and in accordance with general or specific rules therein contained. 41 § 134 Atlantic Beach City Code § 138 Sec. 134. Members of board of adjustment. The board of adjustment shall consist of five members each to be appointed for a term of three years and removable for cause by the city commission upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Sec. 135. Proceedings of board of adjustment. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this article. 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 wit- nesses. All meetings of the board shall be open to the public. The board shall keep minutes of its 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 exam- inations and other official actions, all of which shall be immediately filed in the of- fice of the board and shall be a public record. Sec. 136. Appeals. Appeals to the board of adjustment may be taken by any person aggrieved or by an officer or bureau of the city commission affected by any decision of the adminis- trative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Sec. 137. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, un- less the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and prop- erty. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on ap- plication, on notice to the officer from whom the appeal is taken and on due cause shown. Sec, 138. Hearing of appeal; notice required. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in per- son or by agent or by attorney. 42 § 139 The Charter § 142 Sec. 139. Powers of board of adjustment. The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in order, re- quirement, decision or determination made by an administrative official in the en- forcement of this article or of any ordinance adopted pursuant thereto. (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in un- necessary hardship, and so justice done. Sec. 140. Decision of board. In exercising the above mentioned powers, such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concur- ring vote of four members of the board shall be necessary to reverse any order, re- quirement, decision or determination of any such administrative official, or to decide to favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Sec. 141. Petition may be presented to a court of record within thirty days after filing of decision of board setting forth illegality. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the city commission, may present to a court of record a petition, duly verified, petting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. Sec. 142. Writ of certiorari. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and nerved upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. 43 § 143 Atlantic Beach City Code § 147 Sec. 143. Return of writ. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. Sec. 144. Decision of the court; it may take evidence or appoint a referee. If, upon the hearing, it shall appear to the court that the testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or af- firm, wholly or partly, or may modify the decision brought up for review. Sec. 145. Costs. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the de- cision appealed from. Sec. 146. Enforcement of ordinance or regulations under this article; penalties for violation. The city commission may provide by ordinance for the enforcement of this arti- cle and of any ordinance and regulation made thereunder, and may provide for the punishment of any violation thereof by fine or imprisonment or both, and also may provide civil penalties for such violation. Sec. 147. Legal proceedings may be instituted in addition to other remedies provided for violation of article. 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 article or if any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the city commission, in addition to other remedies, may institute any appropriate action or proceedings to pre- yent such unlawful erection, construction, reconstruction, alteration, repair, conver- sion, 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, 44 0 148 The Charter § 150 Article XV. Issuance of Bonds. Sec, 148. General obligation bonds. The City of Atlantic Beach is hereby authorized to issue and sell, from time to time, bonds of said city, of such denominations, bearing such rate of interest, not exceeding six (6) percent per annum, becoming due at such times and upon such con- ditions as may by ordinance be determined, which bonds shall be used for such mu- nicipal purposes as may be provided by ordinance, and for the payment of which bonds and the interest thereon the entire taxable property in said city shall be thereby pledged; provided, that before the issuance of said bonds, the issuance of the bonds then proposed to be issued shall be provided for by ordinances, expressing in general terms the purposes for which the proceeds of such issues of bonds are to be used, and subsequently approved by a majority of the freeholders who are qualified electors residing in said city shall participate. The question of the issuance of such bonds may be submitted from time to time, and said bonds for the several purposes pro- vided for by ordinance shall be voted upon separately for each purpose. For the payment of said bonds and the interest thereon, and to provide a sinking fund therefor, the entire taxable property of said city shall be pledged by the ordi- nance providing for the issuance of said bonds, and the city commission shall levy annually such special tax on the taxable property within the corporate limits of said city. as may be necessary to pay the interest on said bonds and to provide a sinking fund for the payment of said bonds. The election herein provided for shall be held, the canvass and returns made in the manner provided by the laws of Florida for the calling and holding of elections for the approval of the issuance of bonds by counties, districts and municipalities, of the State of Florida, in compliance with section 6, article IX of the Constitution of the State of Florida as amended. Sec. 149. Revenue bonds and certificates. The City of Atlantic Beach is hereby authorized to issue and sell from time to time, revenue certificates of said city of such denominations and bearing such rate of interest not exceeding six (6) percent per annum, and becoming due at such times and upon such conditions as may by ordinance be determined. Such revenue certifi- cates shall be issued for such municipal purposes as may be provided by ordinance. Said ordinance shall state the purpose for which the proceeds of each of such issues of revenue certificates are to be used, and shall provide that only the revenue of the particular utility and facility of said city to be constructed or improved shall be pledged for payment of said revenue certificates. F e c . 150. Combination general obligation and revenue bonds. The City of Atlantic Beach is hereby authorized to issue and sell, from time to time, bonds of such denominations, bearing such rate of interest not exceeding six (6) percent per annum, becoming due at such times and upon such conditions as may by ordinance be determined, which bonds shall be used for such municipal purposes as may be provided by ordinance, and for the payment of which bonds and the interest 45 § 151 Atlantic Beach City Code § 153 thereon the entire taxable property in said city may thereby be pledged and in addi- tion, the revenue of the particular utility or facility of said city to be constructed or improved may be pledged for the payment of said bonds. Provided, however, that before the issuance of said bonds the issuance of the bonds then proposed to be issued shall be provided for by ordinance expressing in general teems the purposes for which the proceeds of such issues of bonds are to be used and subsequently approved in an election held and in the manner, and in conformity with, and meeting the requirements of each section hereof. For the payment of said bonds, issued pursuant to and under this section, and in- terest thereon, and to provide a sinking fund therefor, the city commission shall levy annually such special tax on the taxable property within the corporate limits of said city, which together with said revenues available for that purpose, shall be sufficient to pay the interest on said bonds and to provide a sinking fund for the payment of said bonds. Article XVI. Municipal Court and Departuient of Law. Sec. 151. Municipal court. There shall be a municipal court, presided over by the municipal judge who shall be appointed by and serve at the pleasure of the city commission. The municipal court shall be known as the Municipal Court of the City of Atlantic Beach, Florida. Sec, 152. Sickness, absence or disqualification of municipal judge. In the event of the absence, sickness, disqualification or other inability of the municipal judge to serve, the mayor -commission or some other person designated, by the city commission, shall have all the power and perform all the duties of said mu- nicipal judge during such sickness, absence, disqualification or other inability. Sec. 153. Powers. The municipal judge shall have the power: (1) By his warrant to have brought before him any person or persons charged with violation of the city ordinances, and shall have exclusive original jurisdiction over all proceedings of a criminal nature for the violation of any ordinance of the city; (2) Within the jurisdiction herein conferred, to issue and cause to be served any and all writs and processes such as are issued and used by justices of the peace in the State of Florida; (3) To fix bail for the appearance of an accused person; (4) To declare estreated bond or security given in bail for such persons as fail to appear in answer to accusations against them; 46 § 154 The Charter § 156 (5) To require the attendance of witnesses for both the city and the accused; (6) To administer oaths and take affidavits; (7) To inquire into the truth or falsity of all charges preferred and to decide as to the guilt or innocence of the accused; (8) To fix and impose penalties by sentence as are prescribed by ordinances of the city; (9) To preserve order and decorum in his court, and to that end the municipal judge is hereby invested with the same powers of fine and imprisonment as are pos- sessed and authorized to be exercised by judges of criminal courts of record within the State of Florida. Sec. 154. Disposition of moneys collected as fines. All fines, penalties and fees collected in the municipal court and by the police of the city shall be part of the revenue of the city, and shall be paid forthwith to the city treasurer. Sec. 155. Remission of fines and penalties. No fine or other penalty imposed by the municipal court shall be remitted except by action of the city commission upon recommendation of the municipal judge; provided however, that this section shall not be construed as precluding the municipal judge from suspending sentences imposed by such court. Sec. 156. City prosecutor: Powers and duties. There may be a city prosecutor who, if appointed, shall prosecute all offenses against the city's ordinances, and shall, if required by law, represent the city in all appeals from convictions in the municipal court. He shall, in addition: (1) Prepare charges after examination into the facts and circumstances of each case; (2) Have summoned all witnesses required on behalf of the city, and be allowed the process of this court to summon witnesses to testify before him as to any viola- tion of the criminal law upon which they may be interrogated, and be empowered to administer oaths to all witnesses summoned to testify by the process of the munici- pal court; (3) Once each quarter, report to the city commission fully and completely all cases which have come before the court, in such report showing the title of each case, the date when commenced, the offense charged, and the disposition made. (4) Attend each session of the municipal court. 47 § 157 Atlantic Beach City Code § 160 The city prosecutor shall be appointed by the city commission to serve at its pleasure. He may also be the city attorney or assistant city attorney, if the city com- mission so elects. Sec. 157. Executive officer of the court. The head of the police department shall designate the executive officer of the mu- nicipal court. Members of the police force shall execute and serve any and all writs and process issued out of the municipal court by the municipal judge and shall make proper returns thereon in the same manner as ;is required of constables and sheriffs in the execution of similar papers. Sec. 158. City attorney: Appointment and qualifications. The city commission shall appoint a city attorney who shall act as the legal ad- viser to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties. He shall prepare all contracts, bonds, and other instruments in writing in which the municipality is concerned, and shall endorse on each his approval of the form and correctness thereof, but failure to do so shall not affect its validity. When required to do so by resolution of the city commission, he shall prosecute and defend for and in behalf of the city, all civil complaints, suits and controversies in which the city is a party. He shall furnish the city commission, the city manager, the head of any department, or any officer, his opinion on any ques- tion of law relating to their respective powers and duties. In addition to the duties specifically imposed under the preceding section, he shall perform such other profes- sional duties as may be required of him by ordinance or resolution of the city commis- sion, or as are prescribed for city attorneys under the general law of the state, which are not inconsistent with this Charter and with any ordinance or resolution, which may be passed by the city commission. The city attorney shall be a lawyer of at least five years' experience, admitted in and having authority to practice in all courts of the state. Sec. 159. Salaries of court officials and city attorney. The salaries of municipal judge, city prosecutor and city attorney shall be fixed by the city commission. Article XVII. Suits Against the City. Sec. 160. Suits. No suit shall be maintained against the city for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, water- works, or other utility owned or operated by the city, or any public place; neither shall any suit be maintained against the city arising out of any other tortious action, or action sounding in tort, unless it shall be made to appear that the damage alleged was attributable to the gross negligence of the city, and that written notice of such 48 § 161 The Charter § 163 damage was, within thirty days- of the receiving of the injury, given to the city man- ager with such reasonable specifications as to time and place and witnesses as would enable the city officials to investigate the matter, and no verdict shall in any suit be given for amount exceeding compensation damages to the plaintiff directly attributable to such negligence on the part of the city, and not caused by contributory negligence on the part of the plaintiff. It shall be the duty of the city manager, upon receiving any such notice, to at once investigate the matter and lay the facts, supported by the evidence, before the city commission in a written report, and the city commission shall have the right, and, upon the written request of the person injured, it shall be the duty of the city com- mission to investigate the matter, and it may, by ordinance, make such reasonable settlement of any such damages as may be agreed upon between the city commission and the person so damaged. Article XVIII. General and Miscellaneous Provisions. Sec. 161. Removal of officers and employees. Any officer or employee to whom the city manager, or a head of any office, de- partment or agency, may appoint a successor, may be removed by the city manager or other appointing officer at any tine. Subject to any other provisions of this Charter as to persons in the service of the city, the decision of the manager or other appoint- ing authority shall be final. Sec. 162. Removal of members of boards, commissions, or agencies. Except as provided in this Charter, a member of any board, commission or agen- oy of the city who has been appointed by the city commission, may be removed by the city commission in the same manner as provided for the removal of the city manager in section 11 of this Charter. Sec. 163. Right of city manager and other officers in commission. The city manager, and such other officers of the city as may be designated by vote of the city commission, shall be entitled to seats in the city commission, but hall have no vote, therein. The city manager shall have the right to take part in the discussion of all matters coming before the city commission, and the other officers shall be entitled to take part in all discussions of the city commission relating to their respective offices, departments, boards, commissions, or agencies. 1. For state law allowing claims against city to be filed within a ninety day period and repealing all charter provisions in conflict therewith, see Fia. Stats. , § 95. 241. 49 § 164 Atlantic Beach City Code § 167 Sec. 164. Investigations. The city commission, or any committee thereof, the city manager, or any ad- visory board appointed by the city commission for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or em- ployee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the in- vestigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be giv- en under oath, such oath to be administered by some officer having authority under the law of the state to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed five hundred dollars or by imprisonment not to exceed sixty days, or both. Sec. 165. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizens' organization or any representative of the press at all reasonable times and under reasonable regula- tions established by the city commission. Sec. 166. Personal interest. No member of the city commission or any officer of the city shall have a finan- cial interest, direct or indirect, in any contract or in the sale to the city or to a con- tractor supplying the city of any land or rights or interests in any land, material, supplies or services. Any wilful violation of this section shall constitute malfeasance in office, and any officer of the city found guilty thereof shall thereby forfeit his of- fice or position, Any violation of this section with the knowledge express or implied of the person or corporation contracting with the city shall render the contract void- able by the city manager or the city commission. Sec. 167. Official bonds. The city commission shall determine whether or not each officer, clerk, or em- ployee shall give bond, and the amount thereof, but all officers, clerks and employees handling any funds or property of the city shall be required to give bond to the city, which bonds shall be procured from a regularly accredited surety company, author- ized to do business under the laws of Florida, the premiums on such bonds to be paid by the city. All such bonds shall be filed in the office of the city clerk. 50 § 168 The Charter § 172 Sec. 168. Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Sec. 169. Effect of this Charter on existing law. All laws and parts of laws relating to or affecting the city in force when this Charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Charter; insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law in force when this Charter shall take effect, relating to or affecting the city, the pro- visions of this Charter are intended to be not a new enactment but a continuation of such provisions of law, and this Charter shall be so construed and applied. Sec. 170. Publishing. As used in this Charter, "publishing" shall mean printing in any newspaper pub- lished and of general circulation in the County of Duval. Sec. 171. Rights of officers and employees preserved. Nothing in this Charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the Town of Atlantic Beach or of any office, department, board, commission, or agency existing at the time when this Charter shall take effect, or any provision of the law in force at the time when this Charter shall take effect and not inconsistent with the provisions of this Charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights, or any other rights or privileges of officers or employees of said town or any office, department, board, commission, or agency thereof. Sec. 172. Continuance of present officers. All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performance of their duties until provision shall have been made in accordance herewith for the performance of such duties or the dis- continuance of such office. The powers conferred and the duties imposed upon any of- fice, department, board, commission or agency of the Town of Atlantic Beach by 51 § 173 Atlantic Beach City Code § 176 the laws of the state shall, if such office, department, board, commission, or agency, be abolished by this Charter, or under its authority, be thereafter exercised and dis- charged by the office, department, board, commission, or agency designated by the city -commission unless otherwise provided herein. Sec, 173. Transfer of records and property. All records, property and equipment whatsoever of any office, department, board, commission, or agency, all the powers and duties of which are assigned to any other office, department, board, commission, or agency by this Charter, shall be trans- ferred and delivered to the office, department, board, commission, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, board, commission, or agency are by this Charter assigned to another of- fice, department, board, commission, or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties are so assigned. Sec. 174. Title to property reserved to new municipality. The title, rights, and ownership of property, uncollected taxes, dues, claims, judgements, decrees and choses in action, held or owned by the Town of Atlantic Beach shall pass to, and be. vested in the municipal corporation organized under this Charter. Sec. 175. Continuity of offices, boards, commissions or agencies. Any office, department, board, commission or agency provided for in this Charter with powers and duties the same or substantially the same as those of an office, de- partment, board, commission, or agency heretofore existing shall be deemed to be a continuation of such office, department, board, commission or agency and shall exer- cise its powers and duties in continuation of their exercise by the office, department, board, commission, or agency by which the same were heretofore exercised, and shall have power to continue any business, proceeding or other matter, within the scope of its regular powers and duties commenced by an office, department, board, commis- sion, or agency by which such powers and duties were heretofore exercised. Any pro- vision in any law, rule, regulation, contract, grant or other document relating to such a formerly existing office, department, board, commission, or agency, shall, so far as not inconsistent with the provisions of this Charter, apply to such office, de- partment, board, commission or agency provided for by this Charter. Sec. 176. Continuance of contracts and public improvements. All contracts entered into by the Town of Atlantic Beach, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public im- provements, for which legislative steps have been taken under laws or Charter pro- visions existing at the time this Charter takes effect, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and Charter provisions. 52 § 177 The Charter § 181 Sec. 177. Pending actions and proceedings. No action or proceeding, civil or criminal, pending at the time when this Charter shall take effect, brought by or against the Town of Atlantic Beach, or any office, de- partment, board, commission, or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department, board, commission or agency or officer party thereto may by or under this Charter be assigned or transferred to another office, department, board, commission, or agency or qfficer, but in that event the same may be prosecuted or defended by the head of the office. cjepartment, board, commission, or agency to which such functions, powers and fluties have been assigned or transferred by or under this Charter. Sec. 178. Existing ordinances. All existing ordinances of the present municipality of the Town of Atlantic Beach, not in conflict with the provisions oT this Act, shall continue in effect and unimpaired until repealed, amended or modified by the city commission which is created by this Act. Sec. 179. Short title. This Charter shall be known and may be cited as the "Atlantic Beach Charter. " Sec. 180. Separability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall di- rectly apply. Sec. 181. Charter election. The foregoing Charter shall be submitted to the qualified electors of the Town of Atlantic Beach for adoption, or rejection, at an election hereby called for that pur- pose, to be held on the twenty-third day of July, 1957, which said election shall be conducted in accordance with the laws governing elections in said Town of Atlantic Beach as at present provided. The ballot used in said election shall be a sheet of plain white paper upon which the following shall be printed: OFFICIAL BALLOT Special Election (Date) For the adoption or rejection of a proposed Charter for the City of Atlantic Beach, Florida, pursuant to the provisions of Chapter of the Laws of Florida, Special Acts of 1957. 53 § 182 Atlantic Beach City Code § 183 INSTRUCTIONS TO VOTERS The voters desiring to vote in favor of adopting the proposed Charter shall put a cross mark (X) in the box before the words, "FOR adoption of proposed Charter �f the City of Atlantic Beach, Florida," and the voter desiring to vote against adopting the proposed Charter shall put a cross mark (X) in the box before the words, "AGAINST the adoption of proposed Charter of the City of Atlantic Beach, Florida." All distin- guishing marks are forbidden and make the ballot void. If you wrongfully mark, tear or deface this ballot, return it to the inspector of the election and obtain another. FOR adoption of proposed Charter of the City of Atlantic Beach, Florida AGAINST adoption of proposed Charter of the City of Atlantic Beach, Florida Article XIX. When Act Takes Effect, Sec. 182. Effective date of Act. This Act shall go into effect subject to the referendum provided for in section 81 hereof, upon its passage and approval by the governor, or upon its becoming law with- out such approval, for the purpose of nominating and electing the first members of the city commission, at an election as provided herein. For all other purposes this Char- ter shall be in effect from and after the election and qualification of the members of the city commission thereunder. In the event a majority of the electors voting at said election provided for in sec- tion 181 hereof, vote against the adoption of this Charter, then this Act shall be null and void. ec. 183. Repeal of conflicting laws. All laws and parts of laws in conflict with this Act are hereby repealed. 54 PART II. THE CODE. CHAPTER 1. GENERAL PROVISIONS. § 1-1. How Code designated and cited. § 1-2. Definitions and rules of construction. § 1-3. Catchlines of sections. § 1-4. Effect of repeal of ordinances § 1-5. Severability of parts of Code. § 1-6. General penalty; continuing violations. Sec. 1-1. How Code designated and cited. 1 The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Atlantic Beach, Florida," and may be so cited. Sec. 1-2. Definitions and rules of construction. 2 In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the town commission: City. The words "the city" or "this city" shall mean the City of Atlantic Beach, Florida. Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceedings is to be had shall not be counted. Commission, city commission. Whenever the words "commission" or "city com- mission" are used, they shall be construed to mean the city commission of the City of Atlantic Beach. County. The word "county" shall mean Duval County, Florida. Gender. A word importing the masculine gender only shall extend and be ap- plied to females and to firms, partnerships and corporations as well as to males. 1. For state law authorizing city to revise and codify its ordi- nances, see Fla. Stats. , § 165.. 192. 2. For state law definitions, see Fla. Stats. , § 1.01. 55 § 1-2 Atlantic Beach City Code § 1-2 Joint authority. Words purporting to give joint authority to three or more offi- cers or other persons shall be construed as giving authority to a majority of such officers or persons. Month. The word "month" shall mean a calendar month. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Oath. The word "oath" shall include the word "affirm." Officers. References to the city clerk, chief of police or other officers, unless otherwise indicated, shall be construed to refer to officers of the City of Atlantic Beach. Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Person. 3 The word "person" includes individuals, children, firms, associa- tions, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations. Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto and any lake or stream. Registered mail.4 The words "registered mail" shall include certified mail with return receipt requested. Shall; may. The word "shall" is mandatory. The word "may" is permissive. State. The words "the state" or "this state" shall be construed to mean the State of Florida. Street. The word "street" shall be construed to embrace the ocean beach, streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city. Tenant, occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others. 3. For similar state law, see Fla. Stats. , § 1.01. 4. For similar state law, see Fla. Stats. , § 1.01. 56 § 1-3 General Provisions § 1-5 Time. Words used in the past or present tense include the future as well as the past and present. Writing.5 The word "writing" includes handwriting, printing, typewriting and all other methods and means of forming letters and characters upon paper, stone, wood or other materials. Sec. 1-3. Catchlines of sections. The catchlines of the several sections of this Code, printed at the head of each section, are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the sec- tion, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. Sec. 1-4. Effect of repeal of ordinances. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. Sec. 1-5. Severability of parts of Code. It is hereby declared to be the intention of the city commission that the sec- tions, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the city commission without the incor- poration in this Code of any such unconstitutional or invalid phrase, clause, sen- tence, paragraph or section. 5. For similar state law, see Fla. Stats. , § 1. 01. 57 § 1-6 Atlantic Beach City Code § 1-6 Sec. 1-6. General penalty; continuing violations.6 Whenever in this Code or in any other ordinance or resolution of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the town or such rule, regula- tion or order shall be punished by a fine not exceeding one thousand dollars or im- prisonment for a term not exceeding ninety days, or by both such fine and imprison- ment. Except where otherwise provided, every day any violation of such Code or any other ordinance or resolution of the city or such rule, regulation or order shall con- tinue shall constitute a separate offense. 6. For charter provision as to maximum penalty for violation of city ordinances, see Char. , § 9(10). The fact that a municipal ordinance imposes a penalty dif- ferent from that imposed by a state statute does not ren- der the municipal ordinance invalid as being in conflict with the state statute. Hilliard v. City of Gainsville, 213 So. 2d 689 (1968). 58 § 2-1 Administration § 2-1.1 § 2-1. § 2-1.1. CHAPTER 2. ADMINISTRATION .1 Article I. In General. City manager designated director of public safety. Voter registration rolls. Article II. City Commission. § 2-2. Time and place of regular meetings. § 2-3. Calling of special meetings. § 2-4. Quorum. § 2-5. Rules of conduct and procedure at meetings. Article III. Advisory Planning Board. § 2-6. Created. § 2-7. Composition; . qualifications of members; officers. § 2-8, Terms of office of members; filling of vacancies. § 2-9. Removal of members. § 2-10. Duties. § 2-11. Certification ofplans and recommendations to city commission. Article I. In General. Sec. 2-1. City manager designated director of public safety .2 Pursuant to section 35 of the Charter of the city, the city manager is hereby designated the director of public safety and is hereby authorized, em- powered and directed to fully perform and discharge the duties and responsi- bilities as supervisory head of the police department andfire department of the city. (Ord. No. 57-62-5, § 1.) Sec. 2-1 . 1 . Voter registration rolls. The city clerk in the preparation of the voter registration rolls for the city shall adopt the voter registration rolls as pertaining to the qualified citi- zens residing within the city as prepared and maintained by the supervisor of elections of the consolidated City of Jacksonville. (Ord. No. 33-73-2, § 1.) 1. As to building official, see §§ 6-2 to 6-7 of this Code. As to finance and taxation, see ch. 8. As to fire depart- ment, see § 9-9 et seq. As to personnel, see ch. 16. As to board of examiners of plumbers, see § 17-4. As to board of zoning adjustment, see § 28-18. 2. As to fire department generally, see § 9-9 et seq. , of this Code. 59 Supp. #5, 12-74 § 2-2 Atlantic Beach City Code § 2-5 Article II. City Commission .3 Sec . 2-2 . Time and place of regular meetings. 4 The regular meetings of the city commission shall be held on the second and fourth Mondays of each month in the City Hall at 8: 00 P.M. Additional regular meetings shall be held on the night of every election. (Ord. No. 5- 57-1, § 1.) Sec . 2-3 . Calling of special meetings. The mayor -commissioner , city manager or a majority of the city commis- sion may call a special meeting of the city commission on twenty-four hour notice. (Ord. No. 5-57-1, § 2.) Sec. 2-4. Quorum Three members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Ord. No. 5-57-1, § 3.) Sec . 2-5 . Rules of conduct and procedure at meetings. 5 The following rules shallgovern procedure and conduct of city commis- sion meetings: Rule 1. The mayor -commissioner shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meet- ing and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly con- duct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order , may speak to points of order in preference to other mem- bers, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any mem- ber as a matter of course, and on such appeal, it shall require a majority vote of the members to sustain such appeal. Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, 3. For charter provisions as to city commission generally, see Char. , §§ 5 to 24. 4. For charter provisions as to meetings of city commission, see Char. , § 14. 5. For charter provision authorizing city commission to es- tablish its own rules and order of business, see Char. , § 16. 60 Supp. #5, 12-74 § 2-5 Administration § 2-5 and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafterproceed to call the roll according to alphabetical order; except, that the mayor -commissioner's name shall be call- ed last Rule 3. When a member is called to order, he shall immediately take his seat, and thepresiding officer shall pass upon thepoint of order. Rule 4. No member shall speak at any meeting more than twice on the samequestion, or more than five minutes at any one time. 60.1 Supp. #5, 12-74 § 2-5 Administration § 2-5 Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. Rule 6. No member shall absent himself from the meeting before adjournment for more than five minutes at a time without leave of the presiding officer. Rule 7. The order of business shall be as follows: (1) Approval of minutes of preceding meetings. (2) Courtesy of floor to any visitors who desire to bring a matter to the city com- mission's attention. Reading of communications to the city commission. Report of city manager. Unfinished business of preceding meeting. Report of committees. Action on resolutions. Action on ordinances. Miscellaneous business. Rule 8. The mayor -commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following such reference; provided, that the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of fur- ther consideration of such matter, and it be otherwise disposed of by the city commis- sion. Rule 10. Upon every matter referred to a committee, such committee or a ma- jority thereof shall meet for inquiry or deliberation, and no report of or concerning such matter be made unless a majority of the committee shall have signed the same. Rule 11. It shall be the duty of the chairman or vice chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give ad- vance notice of the time and place of such meeting to all members of the city commis- sion, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. 61 § 2-5 Atlantic Beach City Code § 2-5 Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. Rule 13. Upon the reading of petitions and communications and upon introduction of bilis and resolutions other than those appearing upon the official agenda, the pre- siding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. Rule 14. Every petition or other paper shall, previous to presentation be so en- dorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. Rule 15. Proposed ordinances may be introduced at any meeting of the city com- mission, provided the same are prepared in written or printed form. Unless copies of such proposed ordinances shall have been previously delivered to the mayor -com- missioner and each member of the city commission at least three days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three days prior to the next scheduled meeting of the city commission following such request. Rule 16. Every proposed ordinance shall be considered as set forth in the Char- ter of the city. 6 An ordinance may be read on first reading by title only, but on sec- ond and final reading, every ordinance shall be read in full. Rule 17. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. Rule 18. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. Rule 19. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of un- finished business generally, in the order of its introduction, and a separate list of pew matters expected to be presented at the meeting, prior to every meeting. Rule 20. The city manager shall submit regular written monthly reports to the city commission. 6. See Char. , §§ 17 to 23. 62 § 2-6 Administration § 2-8 Rule 21. After the decision of any question, it shall be in order only for a mem- ber voting on the prevailing side to move a reconsideration at the same or next regu- lar meeting. If a motion to reconsider is lost, it shall not be renewed and reconsid- ered without the unanimous consent of the city commission in attendance at the meet- ing at which reconsideration is requested. Rule 22. Any rule, except Rules 17 and 18, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. Rule 23. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisiops of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. Rule 24. The mayor pro tempore shall exercise the duties and powers of the mayor -commissioner during his absence or disability. Rule 25. It shall be the duty of the city clerk to attend all meetings of the city commission and to record and keep the minutes and records thereof, and within three days after each meeting to furnish each commissioner with a copy of the minutes of the preceding meeting. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tempore, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk, and the record of every meeting shall be signed, when approved, by the city clerk and the mayor -commissioner or the mayor pro tempore who presided thereat. (Ord. No. 5-57-1, § 4.) Article III. Advisory Planning Board. 7 Sec. 2-6. Created. There is hereby created an advisory planning board. (Ord. No. 95-62-6, § 1.) Sec. 2-7. Composition; qualifications of members; officers. The advisory planning board shall consist of four members appointed by the city commission, none of whom shall hold any other public office or position in the city. The city commission shall select one city commissioner to serve on the board with a vote only in case of a tie vote by appointive members. The city manager shall serve as an ex officio member of the board without vote. The board shall elect its chair- - man and other necessary officers from among the appointive members. (Ord. No. 95-62-6, § 1.) Sec. 2-8. Terms of office of members; filling of vacancies. The term of the appointive members of the board shall be for four years; except, that the first four members appointed shall serve as follows: One member shall be appointed to serve until December 31, 1962; one member until December 31, 1963; one member until December 31, 1964, and the fourth member until December 31, 1965. The commissioner selected to serve shall serve until December 31, 1962, 7. As to subdivision of land, see ch. 23 of this Code. As to zoning, see ch. 28. 63 § 2-9 Atlantic Beach City Code § 2-10 thereafter he shall be selected for a term of one year, and may succeed himself. Thereafter, all terms shall expire on December 31 of the proper year. Any vacancy during the unexpired term of an appointive member shall be filled by the city com- mission for the remainder of the term. (Ord. No. 95-62-6, § 2. ) Sec. 2-9. Removal of members. Any member of the advisory planning board may be removed for cause by the city commission upon written charges and after public hearing. (Ord. No. 95-62-6, §3 ) Sec. 2-10. Duties. The advisory planning board shall have the duty, responsibility and authority to: (a) Make recommendations to the city commission for the physical development of the city. (b) Exercise supervisory control over planning or subdividing land within the city, following the standards established by the city commission pertaining to such planning or subdividing. (c) Recommend to the city commission proposed changes in the official map of the city. (d) Recommend to the city commission proposed changes in the provisions of chapter 28 of this Code. (e) Submit to the city commission their recommendation concerning all applica- tions for changes in the provisions of chapter 28 of this Code referred to them by the city commission. (f) Submit annually to the city manager, not less than one hundred twenty 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 constructed. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (g) Promote public interest in and understanding of the planning, zoning and beautification of the city. (h) 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. (i) Require information from other departments of the city government in rela- tion to its work, which information shall be furnished to them within a reasonable time. (j) Request additional assistance for special survey work of the city manager, 64 § 2-11 Administration § 2-11 who may, at his discretion, assign to the board members of the staff of any adminis- trative department or direct such department to make a special study requested by the board. (k) Recommend to the city commission plans for the planning, replanning, provement and redevelopment of the city. (1) 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. (Ord. No. 95-62-6, § 3.) Sec. 2-11. Certification of plans and recommendations to city commission. All plans or recommendations of the advisory planning board, in order to be ac- corded official cognizance by the city commission, must be certified to the city com- mission by any one officer of the advisory planning board as the official act of the board, duly passed 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. This pro- vision is not intended as prohibiting the board from submitting alternate plans or rec- ommendations 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 com- mission for consideration. (Ord. No. 95-62-6, § 4, ) 65 § 3-1 Alcoholic Beverages § 3-1 § 3-1. § 3-2. § 3-3. § 3-4. § 3-5. § 3-6. § 3-7. CHAPTER 3. ALCOHOLIC BEVERAGES .1 Hours when sales, etc. , prohibited --Persons holding licenses to sell alcoholic beverages. Same --Persons not holding licenses to sell alcoholic beverages. Locations where sales permitted generally. Locations where on -premises sales prohibited. Lighting requirements on premises selling alcoholic beverages. Playing of musical or noise -producing equipment outside of buildings prohibited. Consumption on vendor's premises. Sec . 3-1 . Hours when sales, etc. , prohibited --Persons holding licenses to sell alcoholic bever- ages .2 everages.2 It shall be unlawful for any person licensed to sell alcoholic beverages, intoxicating liquors, wine or beer in the city to sell, offerfor sale, serve, give away, dispense or dispose of alcoholic beverages, intoxicating liquors, wine or beer , or permit the same to be consumed upon his premises, between the hours of 2: 00 A.M. on Christmas Day and 7: 00 A.M. on the day following Christmas Day, and between the hours of 2: 00 A.M. on Sundays and 1: 00 P.M. on Sundays, and between the hours of 2: 00 A.M. and 7: 00 A.M. on all other days; provided, that on New Year's Day such beverages may be sold or served and dispensed by any person lawfully engaged in the business thereof, during the hours of 12: 01 A.M. and 4: 00 A.M. The premises in which any of such alcoholic beverages and intoxicating liquors and wine or beer are kept (except such premises as are primarily used and conducted as grocery stores, markets or primarily for the sale and serving of prepared foods for consumption thereon) shall be securely closed during such hours, and no person shall be permitted therein during such hours for any purpose whatsoever , except to clean up the premises or to perform necessary func- tions for closing the establishment. (Ord. No. 10-61-8, § 1; Ord. No. 10- 74-10, § 1.) 1. For state law as to alcoholic beverages generally, see Fla. Stats. , § 561.01 et seq. As to alcoholic beverage license fees, see § 10-5 of this Code. As to registration, fingerprinting andphoto- graphing of persons employed in places selling alco- holic beverages for consumption on premises, see § 14-15. 2. For state law authorizing city to regulate hours of sale of alcoholic beverages, see Fla. Stats. , § 562.14. 67 Supp. #5, 12-74 § 3-2 Atlantic Beach City Code § 3-4 Sec. 3-2. Same --Persons not holding licenses to sell alcoholic beverages . It shall be unlawful for any person operating for profit, but not licensed to sell alcoholic beverages, intoxicating liquors, wines or beer in the city, to serve, give away or dispense alcoholic beverages , intoxicating liquors , wine or beer or permit the same to be consumed upon hispremises between the hours of 2: 00 A.M. on Christmas_ Day and 7: 00 A.M. on the day following Christmas Day, and between the hours of 2: 00 A.M. on Sundays and 1: 00 P.M. on Sundays , and between the hours of 2: 00 A.M. and 7: 00 A.M. on all other days. (Ord. No. 10-61-8, § 2.) Sec. 3-3 . Locations where sales permitted generally . 3 No vendor of alcoholic beverages (except vendors of beverages contain- ing alcohol of not more than fourteenpercent by weight, and wines, regardless of alcoholic content) shall be permitted to conduct his place of business in any location within the city except the following: (a) Thepremises commonly known as Roland's Red Barn so long as the sale for consumption on premises of alcoholic beverages is incidental to the sale of food. (b) The premises commonly known as Le Chateau. (c) The club house site and pro shop site of the Selva Marina Country Club. (d) The premises commonly known as the Sea Turtle. (e) Thepremises located and fronting on Atlantic Boulevard from a point two hundred feet east of the center line of a street designated Sylvan Drive, west to the city limits. (f) All premises located and fronting on the Mayport Road and in a Business "B" Zone. (Ord. No. 10-61-8, § 3; Ord. No. 10-73-9, § 1.) Sec. 3-4 . Locations where on -premises sales prohibited. No vendor of alcoholic beverages containing alcohol of not more than fourteen percent by weight and wines, regardless of alcoholic content, for con- sumption on premises , shall be permitted to conduct his place of business in the Business "A" Zone east of a line two hundred feet east and parallel to the center line of a street designated Sylvan Drive , unless such place of business is a restaurant or delicatessen and the sale of beer and wine is incidental to the sale of food. (Ord. No. 10-61-8, § 4.) 3. For state law authorizing city to restrict location of ven- dors of alcoholic beverages, see Fla. Stats. , § 561.44. 68 Supp . #5, 12-74 § 3-5 Alcoholic Beverages § 3-7 Sec. 3-5. Lighting requirements on premises selling alcoholic beverages . Each vendor licensed to sell alcoholic beverages, intoxicating liquors, wines or beer in the city, during all times his premises are open for business or in which members of the public are admitted, shall maintain not less than five foot-candles of light in all parts of hispremises to which members of the public are admitted and where the sale of such beverages is made or such beverages dispensed or consumed. It shall be unlawful for any such vendor to sell, offer for sale, serve or dispense or permit to be consumed any alco- holic beverages, intoxicating liquors, wines or beer upon part of his premises unless the same is then and there lighted with not less than five foot-candles of light. (Ord. No. 10-61-8, § 5.) Sec. 3-6 . Playing of musical or noise -producing equip- ment outside of buildings prohibited. It shall be unlawful for any vendor of alcoholic beverages, intoxicating liquors , wines or beer to install, maintain , harbor or play at a physical loca- tion in anywise outside of any building comprising the whole or any part of such vendor's business premises any musical or noise -producing instrument, public address or loudspeaker equipment, or anyportion thereof , whatsoever . (Ord. No. 10-61-8, § 6.) Sec. 3-7 . Consumption on vendor's premises.. It shall be unlawful for any person to consume any alcoholic beverages including beer or wine on the premises of any licensed vendor except within: (1) the building which is the address of such licensed vendor or (2) within a recreation area contiguous to the building, and maintained and controlled by the licensed vendor exclusively for recreational purposes including but not limited to golf facilities , tennis facilities, swimming facilities , or other recreational purposes. (Ord. No. 10-74-11, § 2.) 69 Supp . #5, 12-74 § 4-1 Animals and Fowl § 4-1 CHAPTER 4. ANIMALS AND FOWL. 1 Article I. In General. § 4-1. City designated bird sanctuary; shooting, molesting, etc. , of birds prohibited; exception. Article II. Dogs and Cats. § 4-2. Definitions. § 4-3. Registration and licensing; license tags. § 4-4. Running at large prohibited; impoundment; redemption of impounded animals; disposition of unredeemed animals. § 4-5. Rabies control; vicious dogs or cats. Article I. In General. Sec. 4-1. City designated bird sanctuary; shooting, molest- ing, etc. , of birds prohibited; exception. The entire area embraced within the city is hereby designated as, a bird sanc- tuary. It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any man- ner any bird or wild fowl or to rob bird nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particu- lar 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 such clubs as are found to exist in the city, after having given at least three days actual notice of the time and place of such meeting to the represent- atives of such clubs. If as a result of said meeting no satisfactory alternative is found to abate such nuisance, then such birds may be destroyed in such numbers and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. (Ord. No. 95-58-1, §§ 1, 2.) 1. For charter provision authorizing city to regulate the keeping of domestic and other animals, see Char. , § 4(12). As to prohibition against riding animals on beach during certain periods, see § 5-6 of this Code. As to noise by animals or birds, see § 12-9. 71 § 4-2 Atlantic Beach City Code § 4-3 Article II. Dogs and Cats. 2 Sec. 4-2. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat. All domestic felines, four months or more of age. Dog. All members of the canine family, male and female, three months or more of age. This includes pet foxes, wolves, etc. Owner. Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. ,Vaccination against rabies. The proper administration of anti -rabies inoculation or vaccination by a veterinarian licensed by the board of veterinary examiners of the state. (Ord. No. 95-67-10, § 1. ) Sec. 4-3. Registration and licensing; license tags.3 (a) No owner may keep any dog or cat unless such owner shall have registered the dog or cat with the city clerk or his authorized agent and has obtained the license and identification tag attesting to such registration. A prerequisite for registration is the submittal to the city clerk of a certificate of vaccination showing that the dog or cat was vaccinated within one year prior to date of application for registration. The city clerk shall, upon issuance of license and tag, make a record of the owner's name and address, the number of the tag, the physical description of the dog or cat and the date of issuance. (b) Such registration and license shall remain in effect or valid for a period of one year, commencing June 1 each year. A one-half year license may be issued after November 30 of any year at one-half cost of a full -year license. Registration, li- censing and issuance of tag shall constitute a purchase from the city in the amount of two dollars for dogs and one dollar for cats. (c) Tags shall be of light weight metal, shall bear the words "ATLANTIC BEACH" the numbers representing the calendar year and serial numbers in accordance with 2. For state law authorizing seeing -eye dogs to accompany blind persons in hotels and restaurants, see Fla. Stats. , § 413. 08. As to damages by dogs and liability of owners therefor, see Fla. Stats. , § 767. 01 to 767. 04. 3. For charter provision authorizing city to license dogs, see Char. , § 125. For state law authorizing city to license dogs, see Fla. Stats. , § 168. 09. 72 § 4-4 Animals and Fowl • § 4-5 which the tags shall be issued. Tags for dogs shall have a surface area approximate- ly that of a U. S. quarter dollar. Tags for cats shall have a surface area approxi- mating the area of a U. S. one cent piece. The shape of tags shall be varied from year to year. The tag shall be permanently attached to a collar or harness of the specific animal for which issued, and shall be worn by such animal at all times. (0)(! No. 95-67-10, § 2.) c 4-4. Running at large prohibited; impoundment; redemption of impounded animals; disposition of unredeemed animals. (a) Any dog or cat running at large on any of the public streets, parks, play- grounds, alleys, vacant lots or on the beach of this city, or upon property of any per- son making complaint regarding trespass of such dog or cat upon his premises, shall be taken up by an authorized agent of the city and confined or impounded in a suitable Shelter. (b) Any dog or cat confined or impounded which shows evidence of disease, or of being of a vicious nature, shall be confined apart from other dogs or cats. The impoundment shelter shall have entirely separate spaces available for confinement of dogs and cats. (c) The owner of any impounded dog or cat shall be notified of such impoundment, if the owner's identity can be clearly established by any means, and such owner may redeem the dog or cat by payment of the cost of feeding for the period of confinement; and if the animal is unregistered or overdue for reregistration, payment of a regis- tration fee double that for regular registration; that is four dollars for a dog and two dollars for a cat. Impounded dogs and cats which remain unredeemed more than sev- en days shall be destroyed in a humane manner by a duly authorized agent or agency of the city. (Ord. No. 95-67-10, § 3.) Sec. 4-5. Rabies control; vicious dogs or cats. (a) A dog or cat suspected of having rabies, or one bitten by any animal sus- pected of having rabies, shall be confined on the owner's premises. The city police department shall be immediately notified of such suspicion or accident, and in ac- cordance with the then current requirements of the county health officer, the police department shall issue instructions as to further isolation, observation and treatment of such dog or cat. (b) If any person is bitten by a dog or cat, the likelihood of rabies infection is assumed. Accordingly, it shall be the duty of the person so bitten, the duty of the animal's owner and the duty of any person observing such incident to report it im- mediately to the city police department, which in turn shall immediately notify the county health officer who will issue further instructions. The dog or cat in this case shall be immediately confined separately from any other animals and held available for any further action which the county health officer may require. 4. For state law authorizing city to regulate running at large of dogs, see Fla. Stats. , § 168.00. 73 § 4-5 Atlantic Beach City Code § 4-5 (c) Any dog or cat known to have bitten a person and which has been proven free of rabies infection to the full satisfaction of the county health officer shall be deemed to be a vicious dog or cat. Such animal shall not be allowed to run at large, but shall be kept within a secure enclosure on premises of its owner or held on leash when out- side such enclosure for exercise. (Ord. No. 95-67-10, § 4. ) 74 § 5-1 Beaches § 5-2 CHAPTER 5. BEACHES, 1 Article I. In General. § 5-1. Director of public safety authorized to close use of ocean or beach in emergencies. § 5-2. Undressing or changing clothes on beach. § 5-3. Picnicking on beach. § 5-4. Leaving refuse on beach prohibited. Article II. Safety Zone. § 5-5. Established; hours and period when regulations effective. § 5-6. Use of vehicles and riding of animals prohibited in restricted area. § 5-7. Barricades to be erected. Article I. In General. Sec. 5-1. Director of public safety authorized to close use of ocean or beach in emergencies. During such times as, in the opinion of the director of public safety, or in his ab- sence 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 such ocean or beach, or any condition shall exist or be threatened, in the opinion of the director of public safety that will imperil the peace and good order of the city, the director of public safety is authorized to close such ocean or beach or both or any part thereof and prohibit all swimming or bathing in such ocean or use of such 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. It shall be unlawful for any person to knowingly use, or refuse, when ordered, to remove themselves from, any area which has been closed by the director of pub- lic safety. (Ord. No. 57-60-3, §§ 1, 2.) Sec. 5-2. Undressing or changing clothes on beach. 2 It shall be unlawful for any person to undress or change their clothing upon the ocean beach within the city. (Ord. No. 72, § 1. ) 1. As to prohibition against aircraft using beach for landing or taking off, see § 14-1 of this Code. As to parks and recreation, see ch. 15. 2. As to indecent exposure, see § 14-4 of this Code. 75 § 5-3 Atlantic Beach City Code § 5-7 Sec. 5-3. Picnicking on beach. It shall be unlawful for any person to have or participate in a picnic on the ocean beach within *the city. (Ord. No. 72, § 1.) Sec. 5-4. Leaving refuse on beach prohibited. It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab or other type of refuse upon the beach in the city. (Ord. No. 76, § 2.) Article II. Safety Zone. 3 Sec. 5-5. Established; hours and period when regulations effective. During the entire period from 8:00 A. M. and 7:00 P. M. of each day, begin- ning May 1 and continuing to and including September 30 in each year, all of that area of the ocean beach within the city lying southerly of the prolongation easterly of the northerly line of the seawall to the low water mark of the Atlantic Ocean and norther- ly of the prolongation easterly to such low water mark of the northerly line of Lot 5, Block 36, Atlantic Beach, according to the plat recorded in Plat Book 5, page 69 of the current public records of Duval County, Florida, is established as a safety zone for the use of persons engaged in bathing, sun-bathing, games, fishing and similar recreational activities. (Ord. No. 205, § 1.) Sec. 5-6. Use of vehicles and riding of animals prohibited in restricted area. It shall be unlawful for any person to propel, operate or drive any power -driven vehicle or any vehicle drawn by a draft animal or to ride any animal at any time with- in the hours between 8:00 A. M. and 7:00 P. M. on any day beginning May 1 and con- tinuing to and including September 30 of each year within that area of the ocean beach specified in section 5-5. (Ord. No. 205, § 2.) Sec. 5-7. Barricades to be erected. There shall be erected and maintained at all times during the hours and period specified in section 5-1 and the city manager shall erect and maintain during all such times a suitable obstruction or barricade along the northerly and southerly lines of such area hereinbefore described to prevent the entry therein of vehicles and other traffic prohibited by this article. (Ord. No. 205, § 3. ) 3. City has authority to close portion of beach, although such beach has been declared a public highway, to vehicular traffic. Town of Atlantic Beach v. Oosterhoudt, 127 Fla. 160, 172 So. 687 (1937). 7& Buildings CHAPTER 6. BUILDINGS. 1 Article I. In General. § 6-1. Fallout shelters. Article II. Building Official. § 6-2. Office created. § 6-3. Appointment; term of office. § 6-4. Absence of building official. § 6-5. Appointment of inspectors and assistants. § 6-6. Duties. § 6-7. Right of entry. Article III. Building Code. § 6-8. Adoption. § 6-9. Definitions. § 6-10. Amendments. § 6-11. Article and Building Code not to affect prior rights, liabilities, etc. Article IV. Numbering of Buildings. 0 6-12. Buildings required to be numbered. 0 6-13. Attachment of numbers to buildings. 0 6-14. Duties of building official. § 6-15. Street numbering districts designated. 0 6-16. System of numbering. § 6-17. Removing or defacing numbers. 1. As to electricity, see ch. 7 of this Code. As to fire pro- tection, see ch. 9. As to license fees for contractors, see § 10-5. As to license fees for house movers, see § 10-5. As to restrictions on building operations at night, see § 12-6. As to dangerous, dilapidated, un- sanitary, etc. , buildings as nuisances, see § 13-1. As to plumbing, see ch. 17. As to sewers and sewage disposal, see ch. 19. As to signs and advertising struc- tures, see ch. 20. As to subdivision of land, see ch. 23. As to swimming pools, see ch. 24. As to trailers and trailer parks, see ch. 26. As to water supply, see ch. 27. As to zoning, see ch. 28. 77 § 6-1 Atlantic Beach City Code § 6-7 Article I. In General. Sec. 6-1. Fallout shelters. Fallout shelters for the protection of persons from radioactive fallout may be built within the city. Such shelters shall comply with the set back requirements for "accessory buildings" in accordance with chapter 28 of this Code. Such shelters shall be built according to the general plans and specifications set up by the office of civil and defense mobilization. (Ord. No. 30-61-1, § 1.) Article II. Building Official. Sec. 6-2. Office created. The office of building official is hereby created. The executive official in charge shall be known as the building official. (Ord. No. 25-59-1, § 2.) Sec. 6-3. Appointment; term of office. 2 The building official shall be appointed by the city manager, and shall serve at the pleasure of the city manager. (Ord. No. 25-59-1, § 2. ) Sec. 6-4. Absence of building official. During the temporary absence or disability of the building official, the city man- ager shall designate an acting building official. (Ord. No. 25-59-1, § 2.) Sec. 6-5. Appointment of inspectors and assistants. The building official, with the approval of the city manager, may appoint such inspectors and assistants as shall be authorized from time to time. (Ord. No. 25- 59-1, § 2.) Sec. 6-6. Duties. It shall be the duty of the building official to enforce all laws relating to the con- struction, alteration, removal and demolition of buildings and structures. (Ord. No. 25-59-1, § 3.) Sec. 6-7. Right of entry. The building official, in the discharge of his official duties and upon proper identification, shall have authority, with the consent of the owner or occupant, to 2. For charter provision authorizing city manager to appoint city officers and employees, see Char. , § 26. 78 § 6-8 Buildings § 6-10 enter any building, structure or premises at any reasonable hour. I.f the owner or occupant shall refuse to give such consent, the building official. shall enter such build- ing, structure or premises only pursuant to authority granted by a properly issued search warrant. (Ord. No. 25-59-1, § 4.) Article III. Building Code. Sec. 6-8. Adoption. 3 There is hereby adopted, subject to the modifications, changes and amendments set forth in this article, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, loca- tion and maintenance of buildings and structures, including permits and penalties that certain Building Code known as "The Southern Standard Building Code, " 1973 edition, filed and adopted by the Southern Building Code Congress, and the whole thereof, except such portions as are deleted, modified or amended by this article, of which not less than three copies have been and are now filed in the office of the city clerk, and the same is hereby adopted and incorporated as fully as if set out at length here- in, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the city. (Ord. No. 25-59-1; Ord. No. 25-65-1; Ord. No. 25-70-8, § 1; Ord. No. 25-74-10, § 1. ) Sec. 6-9. Definitions. For the purposes of the Building Code adopted by this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Building official. The building official of the city. City or municipality. The City of Atlantic Beach, Florida. (Ord. No. 25-59 1, § 5.) Sec. 6- 10. Amendments. The Building Code adopted by this article is amended and changed in the fol .low- ing respects: (1) Subparagraph (b) of section 102.1 and the whole of section 102. 2 and the whole of section 102.3 are hereby deleted. (2) The following additional subparagraph designated (d) is added to section 107, 4 as follows: "107.4 (d). No fees shall be charged for permits and inspections for constr:;c- tion, repair or alteration of any building work done on any property which is owned and used exclusively for religious, scientific, municipal, educational, literary or 3. For state law authorizing city to adopt Building Code by reference, see Fla. Stats. , § 165. 191. 79 Supp. #5, 12-74 § 6-10 Atlantic Beach City Code § 6-10 charitable purposes, and whichproperty is exempt from taxes by the Constitu- tion and laws of the State of. Florida." (3) Section 111.1 is hereby deleted and the following is substituted therefor: "There is hereby established in the city a board to be called the board of adjustments and appeals, which shall consist of five members and who shall be appointed by the city commission." (4) Section 114 is hereby deleted. (5) There is hereby added to section 301.1 and immediately following such section the following: _ "The first fire district shall include all that certain territory of the city embraced within Business "A," "AA" and "A-1" Districts, as the same are now or may hereafter be established by chapter 28 of the City Code. The second fire district shall include all that certain territory of the city embraced within Business "B" and Residential "C" Districts, as the same are now or may here- after be established by chapter 28 of the City Code ." (5a) Section 705 (f) of the Southern Standard Building Code of 1973 is hereby amended as follows: "In combustible roof construction, where ceilings or concealed spaces occur , such spaces shall be divided into horizontal areas of not more than the living or business unit therein with tight partitions of noncombustible material or of approved wood construction consisting of one-half inch exterior plywood or of not less than two thicknesses of one inch nominal lumber withjoints broken. The concealed space partition shall be perpendicular and in line with the division partition of all units within the building." (6) There is hereby added to section 706.7 and immediately following the same the following: "Roofs shall be installed in accordance with the manufacturer's specifica- tions. All roofs shall have a suitable metal eave drip. All nails and exterior metal shall be galvanized or otherwise suitably corrosive resistant." (7) There is hereby deleted and stricken from section 1302.1 the follow- ing words: "One and two-family dwellings may not be required to have reinforced concrete footings or grillage of steel." (8) There is hereby added to section 1302.3, at the end thereof, the following provision: 80 Supp . #5, 12-74 § 6-10 Buildings § 6-10 "Footings shall be continuous monolithic concrete under exterior walls, reinforced with two 5/8 inch deformed reinforcing rods for one-story buildings and three 5/8 inch deformed reinforcing rods for two story buildings. Rein- forcing rods shall be placed in the lower one-third of the footings, properly placed and fastened on metal saddles with wire. Footingsshall be six inches wider on each side than the wall above, shall be at least eight inches thick and shall rest on firm soil at least twelve inches below undisturbed soil." (9) There is hereby added to section 1302.5 an additional subpara- graph (e) , as follows: 80.1 Supp. #5, 12-74 § 6-10 Buildings § 6-10 "Foundation walls shall be continuous and piers shall not be permitted to support exterior bearing walls. All frame superstructure above the foundation wall shall be provided with approved termite protection. " (10) Section 1404.2 (c) is hereby amended by striking therefrom the figure "(6), " where the same appears in line 2 of such subsection, and substituting in lieu thereof the figure "(8), " and further by adding at the end of such section the following: "The uppermost eight inches of any hollow concrete masonry wall, and the upper- most eight inches of the wall of each story height, shall be reinforced concrete span- drel beam, or lintel block filled with 3, 000# concrete. Two 1/2 inch steel deformed reinforcing rods shall be used as minimum reinforcing. Reinforcing shall be increased at openings to provide necessary strength. All masonry shall be finished to provide a true and even surface for wooden structural members. Such structural members except floor joist shall be securely fastened to the concrete bearing surface with bolts (galva- nized) not less than 1/2" in diameter, securely embedded in the concrete, and spaced not more than four feet apart. Compliance with section 1408. 2 of the Code is intended; and in addition thereto, the wood plate or beam (bolted to the masonry lintel or spandrel beam) shall be fastened with hurricane clips to each joist, rafter or roof truss at every point of bearing. " (11) Section 1701.4 is hereby deleted. (12) Section 1701. 7 is hereby amended by adding the following additional sub- sections thereto: "Section 1701.3 (a) Foundation wall vents. Space under first floor joists except in such space as is occupied by a basement or celler, shall be provided with open- ings to insure ventilation. Such ventilating openings shall be proportioned on the basis of not less than one and one-half (1 1/2) square feet net opening for each fifteen lineal feet or major fraction thereof of exterior wall. Vents shall be so placed as to provide ventilation at all points and prevent dead air pockets; they need not be placed in the front of the building. Such openings shall be screened with galvanized hardware cloth having an opening or mesh no greater than 1/4 inch square. "(b) Clearance. There shall be clearance of not less than eighteen inches between the bottom of untreated wood framing and the ground beneath. "(c) Foundation sills. All masonry shall be finished to provide a true and even bearing surface for wooden structural members. Such structural members shall be securely fastened to the masonry or concrete bearing surface. All foundation sills shall be bolted with not less than one-half inch diameter bolts securely embedded in the masonry spaced not more than six feet apart. "All wood foundation sills which are less than eighteen inches above exposed un- protected ground under the building shall be a heartwood grade of a durable species, or shall be pressure treated with an approved preservative. All foundation sills shall be separated from contact with foundations of unit masonry by not less than twen- ty-eight ga. Galvanized iron or other approved corrosion -resistant metal, or by slate or may be bedded in 1:3 cement mortar. 81 Supp. #1, 5-70 § 6-10 Atlantic Beach City Code § 6-10 "All sleepers imbedded in or on concrete on ground shall be pressure treated lumber or heart grade Redwood, Cedar or Tidewater Cypress. " (13) Section 1701.1 is hereby amended by addition of the following subparagraph: "(i) Each rafter, trussed rafter or roof joist shall be fastened with a hurricane clip at every point of contact to its supporting wall plate or ceiling joist. " (14) Chapter XXIII, "Signs and Outdoor Displays, " is deleted. (15) Section 2706.1 is added as follows: "Section 2706.1 Glass and plastic requirements. _ "(a) Windows in either wood or metal sash, having sill thirty or more inches above the floor shall be glazed within the following minimum requirements: "Area not over nine square feet, double strength, common or sheet glass. "Area over nine square feet but less than eighteen square feet, c/16" plate glass. "Area over eighteen square feet but not over twenty-seven square feet, 1/4" plate glass. "Area over twenty-seven square feet but not over eighty-two square feet, 1/2" plate glass. "(b) Windows of which sill is at or near floor level, Glass doors and adjacent glass panels, which with sliding glass door constitute a glass door assembly, shall be of one of the following types: "1. Approved laminated safety glass, as used in auto windshields. "2. Approved full tempered glass not less than 1/4" in thickness. "And where glass 1/4" thick of this type is used a horizontal metal mullion about waist height, must be permanently attached thereto and made part thereof. "3. Approved 1/4" thick, or heavier, wired glass in which wire diameter is not less than 0.02 inch and area enclosed by wire strands is not over 1 1/2 square inches. "(c) Shower enclosures, if of glass, shall be of the quality and characteristics specified in paragraph (b) above. "(d) Shower and shower bath doors, other than sliding doors, shall open outward. 82 Supp. #1, 5-70 § 6-10 Buildings § 6-10 "(e) Plastic used in fabrication of shower and shower bath enclosures, or assem- blies, shall be of one of the following types: "1. Fiberglass reinforced panels of a weight not less than eight pounds per square foot. 82. 1 Supp. #1, 5-70 6-11 Buildings § 6-15 "2. Acrylic resin thermoplastic, not less than 1/8" in thickness. "3. High impact styrene, not less than 1/8" in thickness. "4. Any plastic material not specifically mentioned herein which may have been, or may be at a future date, specifically approved for such use by the Southern Building Code Congress; such approval having been duly published in a regular com- pliance report of such congress." (Ord. No. 25-59-1, § 6; Ord, No. 25-65-5, § 2; Ord. No. 60-66-1, § 9; Ord. No. 25-74-10, § 2. ) Sec. 6-11. Article and building code not to affect prior rights, liabilities, etc. Nothing in this article or in the Building Code adopted by this article shall be construed to affect any rights acquired or liability incurred, nor any cause or causes of action accrued or existing under any act or ordinance hereby repealed. Nor shall any right or remedy of any character be lost, impaired or affected by this article. (Ord. No. 25-59-1, § 8.) Article IV. Numbering of Buildings. ec. 6-12. Buildings required to be numbered. Every building, place of residence or place of business in the city which fronts on any public street shall have a number according to the system set forth in this ar- ticle. (Ord. No. 62, § 1.) ec. 6-13. Attachment of numbers to buildings. The number assigned to any building shall be permanently attached in a suitable manner, as determined by the building official, and shall be attached to the outside of the building in a conspicuous place easily discernible from the street upon which the building faces. (Ord. No. 62, § 2.) ec. 6-14. Duties of building official. It shall be the duty of the building official to assign each building a number, to attach or to have attached the assigned number or numbers, and to do all things nec- essary and practical to carry into effect the intent and provisions of this article. (Ord. No. 62, § 3.) ec. 6-15. Street numbering districts designated. The city is hereby divided into street numbering districts as follows: (a) First District. All that part of the city lying east and south and including both pides of the following streets: Sherry Drive between Atlantic Boulevard and Twelfth ptreet; Twelfth Street. between Sherry Drive and East Coast Drive; East Coast Drive between Twelfth Street and Sixteenth Street. 83 Supp. #5, 12-74 § 6-16 Atlantic Beach City Code § 6-16 (b) Second district. All that part of the city lying in the subdivision known as Saltair, except Sherry Drive (in the first district) and The Plaza (in the third district). (c) Third district. All that part of the city not within the first and second districts. (Ord. No. 62, § 4. ) Sec. 6-16. System of numbering. The building official shall assign street numbers within the street numbering districts as follows: (a) In the first district according to the system of numbering as follows: (1) On streets running from south to north and more northerly than easterly or westerly, only odd numbers (not evenly divided by 2) shall be assigned to buildings on the easterly side and only even numbers (evenly divided by 2) shall be assigned to buildings on the westerly side. (2) On streets running from east to west and more westerly than northerly or southerly, only odd numbers shall be assigned to buildings on the northerly side and only even numbers shall be assigned to buildings on the southerly side. (3) Atlantic Boulevard on the south and the ocean beach (at the concrete sea- wall) on the east are hereby declared and determined to be the zero coordinates or axis of this numbering system. Numbers shall run from zero on the south to the north and from zero on the east to west. (4) On every street, 100 numbers shall be assigned per block (50 numbers on each side), except on streets running from south to north, where "named" streets (instead of "numbered" streets) intersect and cross such streets running from south to north and, in such case, 100 numbers shall be assigned to several blocks in such a manner that the number of the hundred block (Example: the 1200 block) shall be equal to the number of the "numbered" street immediately south thereof and except on streets running from south to north where "numbered" streets, if extended easter- ly, would intersect such streets running from south to north and, in such case, the number of the hundred block shall cease and the next number of the hundred block shall commence, as if the "numbered" street had extended easterly. (3) Each street number on each side of a street shall be measured one from the other (in quotient feet) by dividing the length (in feet) of the street (for which 100 numbers were assigned) by the numeral 50. Any given building shall be assigned the number or numbers (within the 100 numbers assigned to the part of block, or several blocks in which the given building is situated) by dividing the distance (in feet) of one number from the other (assigned or unassigned), and the number or numbers having the closest nonfractional value for that side of the street shall be the number assigned. (b) In the second district, according to the system of numbering as follows: (1) According to subsection (a) (1) of this section. 84 Supp. #5, 12-74 § 6-17 Buildings § 6-17 (2) According to subsection (a) (2) of this section. (3) Atlantic Boulevard on the south and Saltair Boulevard through the district are hereby declared and determined to be the zero coordinates or axis of this number- ing system. Numbers shall run from zero on the south to the north, and from zero at Saltair Boulevard to the east and to the west. (4) On every street, 100 numbers shall be assigned per block (50 numbers on each side). (5) According to subsection (a) (5) of this section. (c) In the third district, according to the system of numbering as follows: (1) According to subsection (a) (1) of this section. (2) According to subsection (a) (2) of this section. (3) 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 such case, the coordinates or axis shall be that of the first or second district, whichever is the case. (4) On every street, 100 numbers shall be assigned for every five hundred feet, except where streets intersect less than one thousand feet apart, in which case 100 numbers shall be assigned according to subsection (b) (4) of this section. (5) According to subsection (a) (5) of this section. (Ord. No. 62, § 5. ) Sec. 6-17. Removing or defacing numbers. No person shall remove or deface or attempt to remove or deface any numbers attached to buildings under the provisions of this article. (Ord. No. 62, § 7. ) 85 § 7-1 Electricity CHAPTER 7. ELECTRICITY.1 § 7-3 § 7-1. Purpose of chapter. § 7-2. Enforcement of chapter. § 7-3. Standards for materials, installations, etc. § 7-4. Journeyman and master electricians required to have certificate of competency. § 7-5. Licensed master electricians not to allow improper use of name. § 7-6, Master electricians to employ only certified electricians; exception. § 7-7. Electrical permits required; to whom permits issued. § 7-8. Electrical inspections --To be made by building official or designated agent. § 7-9. Same --Fees, § 7-10. Same --Permit prerequisite to inspection. § 7-11. Same --Right of entry of electrical inspector. § 7-12. Same—Interference with electrical inspector. Sec. 7-1. Purpose of chapter. For the better protection of life and property and in the interest of public safety, the provisions of this chapter are adopted for the sale, installation, use, maintenance and repair of electrical .wiring, apparatus or equipment for light, heat or power with- in the city. (Ord. No. 189, § 1.) Sec.- 7-2. Enforcement of chapter. The enforcement of this chapter shall be under the control and supervision of the city manager. (Ord. No, 189, § 2.) Sec. 7-3. Standards for materials, installations, etc. (a) All electrical construction and all materials and appliances used in connection with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city shall conform to such rules and reg- ulations as may be embodied in this chapter or as may be adopted as hereinafter pro- vided, and shall conform with approved methods of construction for safety to life or - property. The regulations set out in the National Electrical Code, as approved by the National Fire Protection Association, and in the National Electrical Safety Code, as approved by the American Standards Association, and other installations and safety regulations approved by the American Standards Association, shall be prima facie evidence of such approved methods. 1. As to utility tax, see §§ 8-14 to 8-18 of this Code. As to license fees for electrical contractor, see § 10-5. As to electricalrequirements for signs, see §§ 20-16 to 20-.19. 87 Supp. #2, 5-71 § 7-4 Atlantic Beach City Code § 7-6 (b) The National Electrical Code, as referred to in this section, is hereby adopted as the minimum requirements for all electrical construction and all materials and ap- pliances used in connection with the installation, maintenance and operation of elec- trical wiring, apparatus or equipment for light, heat or power within the city. 2 (c) All electrical construction and all materials and appliances used in connec- tion with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city shall conform to such special rules and regulations as may be embodied in such electrical ordinances as are now in effect in the City of Jacksonville, as may apply to this city. (d) Electrical armored cable (commonly known as "BX cable") shall not be used. (Ord. No. 189, § 9.) Sec. 7-4. Journeyman and master electricians required to have certificate of competency. Every master or journeyman electrician, before carrying on his trade or busi- ness in this city, shall present to the city clerk a certificate as to his competency issued by the board of examiners of electricians of the City of Jacksonville or the City of Jacksonville Beach. It shall be unlawful for any person, not a certified electrician in accordance with the provisions of this section, to do any electrical construction or make any repairs, alterations, additions or changes to any existing system of electrical wiring, appara- tus or equipment for light, heat or power within the city. (Ord. No. 189, §§ 3, 4.) Sec. 7-5. Licensed master electricians not to allow improper use of name. No licensed master electrician shall allow his name to be improperly used by any person. directly or indirectly, either for the purpose of obtaining a permit, or to do any work under his license. When such master electrician is permanently employed, he shall not allow his name to be used for the aforesaid purposes or either of them by any person whatsoever, other than his regular employer. (Ord. No. 189, § 6.) Sec, 7-6. Master electricians to employ only certified electricians; exception. No master electrician shall employ any person on any job in the capacity of an electrician without such person being in possession of a certificate of competency as provided for in section 7-4; provided, that nothing in this chapter shall be construed to prohibit the working of helpers or apprentices on any job of electrical construction when the work of such helpers or apprentices is performed under the personal super- vision of a certified electrician. (Ord. No. 189, § 7 ) 2. For state law authorizing city to adopt Electrical Code by reference, see Fla. Stats, , § 165, 191. 88 Supp. #2, 5-71 § 7-7 Electricity § 7-9 Sec. 7-7. Electrical permits required; to whom permits issued. (a) A permit is required to do any electrical construction of any character, in- stall any electrical wiring, apparatus or equipment or make any extensions or changes to existing systems of wiring of light, heat or power within the city, except the re- pairing of damaged or broken fixtures, apparatus or equipment and the ordinary work necessary for the proper maintenance of same. (b) Permits to do electrical work will be issued to master electricians who are duly qualified under the provisions of this chapter to engage in the trade or business of electrical construction in the city. (Ord. No. 189, § 8.) Sec. 7-8. Electrical inspections --To be made by building of- ficial or designated agent. All electrical inspections in this city shall be made by the building official of this city or his designated agent, hereinafter referred to as the city electrical inspector. (Ord. No. 189, § 10; Ord. No. 34-70-2, § 1.) Sec. 7-9. Same-- Fees. No permits shall be granted for any electrical installation within the limits of the city until after inspection fees shall have been paid; such inspection fees are here- by fixed in the following amounts: Electrical permit fees. (a) Service installations (includes service conductors and service equipment): (1) Up to 600 volts (amperes based on rating of service switch): For first 200 amperes rating or fractional part thereof .......... 0 $ 4.00 For each additional 100 amperes rating or fractional 2.00 (2) More than 600 volts (primary service with rating based on automatic trip setting of circuit. breaker): For first 300 KVA rating or fractional part thereof... ......... 15.00 For each additional KVA rating.......— ...... ..... ........ .05 Repairs to service ea......................0................... 5.00 For temporary service, each: (3) For first 100 amperes rating or fractional part thereof For each additional 100 amperes rating or fractional part thereof.00 00 000.0 ..................o 89 2.00 1.00 Supp. #2, 5-71 § 7-9 Atlantic Beach City Code § 7-9 (b) Feeders and subfeeders (including busways), each (ampere rating based on capacity of conductors): For each 100 amperes rating or fractional part thereof $1.00 (c) Transformers (neon and fluorescent excluded), each (ratings based on primary rating): For first KVA or fractional part thereof......... — ....... 000 < . 1.00 For each additional 20 KVA or fractional part thereof .............. 1.00 Exception: Bell ringing transformer ..................................... .25 (d) Lighting: (1) Lighting outlets (including streamers, sign, outline and festoon lighting): For first 10 outlets or fractional part thereof ..................... 1.00 For each additional outlet .10 (2) Lighting fixtures: a. Incandescent lamps: For first 10 fixtures or fractional part thereof 1.00 For each additional fixture .10 b. Fluorescent or mercury vapor: For first 10 fixtures or fractional part thereof 1.50 For each additional fixture ......... < , < ............. < ...... . 15 (3) Lighting, decorative or temporary (installations not over 30 days) per cirucit.................................... 00 000 1.00 (e) Switches or switching devices (including solenoids) (other than those installed by manufacturer on switch and panel boards and factory assembled appliances or equipment): (f) Capacity up to 30 amperes, each ............ . .................. . Capacity exceeding 30 amperes, each ...... . .......... . .......... 1.00 .10 Receptacle outlets, each: Capacity 0 to 20 amperes .10 Capacity 21 to 50 amperes ...... . .. . . 50 Capacity 51 to 100 amperes 1. 00 Capacity over 100 amperes ............... ........ .,.,........,2.00 90 Supp. #2, 5-71 § 7-10 Electricity § 7-12 (g) Neon signs or neon strip or outline lightings: For the first transformer . $2.00 For each additional transformer . 50 (h) Radio or television antenna, (transmitting type) each 5. 00 (i) Appliances, fixed or stationary including factory wired assemblies as contained on a list maintained by the chief electrical inspector: For each appliance, capacity up to 100 amperes . 50 For each appliance, capacity exceeding 100 amperes 2.00 (j) Motors or generators (for motor -generator sets, fees are determined for both the motor and the generator as separate items), each: For the first 1 HP or 1 KW of capacity . 50 For each additional 5 HP or 5 KW of capacity or fractional part thereof 1.00 Maximum fee for any single motor or generator 100.00 (k) Repairs and miscellaneous permits 2.00 (1) Minimum fee for any electrical permit 2.00 (Ord. No. 189, § 16; Ord. No. 34-69-1, § 1.) Sec. 7-10. Same --Permit prerequisite to inspection. No inspection shall be made by the city electrical inspector until after a permit for electrical construction or alterations has been obtained by the master electrician from the building official of this city. (Ord. No. 189, § 13.) Sec. 7-11. Same --Right of entry of electrical inspector. The city electrical inspector or his duly authorized assistants shall have the right, during reasonable hours, with the consent of the owner or occupant, to enter any building or premises in the discharge of their official duty or for the purpose of making any inspection or test of the electrical wiring, apparatus or fixtures contained therein. If the owner or occupant shall refuse to give such consent, such entry shall be made only pursuant to authority granted by a properly issued search warrant. (Ord. No. 189, § 11.) Sec. 7-12. Same --Interference with electrical inspector. It shall be unlawful for any person to hinder or interfere with the city electrical inspector or with any assistant city electrical inspector in the discharge of his duties under this chapter. (Ord. No. 189, § 12.) 90. 1 Supp. #1, 5-70 Finance. and Taxation CHAPTER 8. FINANCE AND TAXATION. 1 Article I. In General. § 8-1. Fiscal year. § 8--2. City assessor to adopt Jacksonville assessnients in assessing city proper- ty for taxation, § 8-3. Fallout shelters used exclusively for fallout protection not to be assessed for taxation. Article II. Purchasing. § 8-4. Two or more bids required for purchases over five hundred dollars; exception. 1. For charter provision requiring annual independent audit of financial transactions of city, see Char. , § 24. As to city comptroller, see Char. , § 32. As to city tax assessor, see Char. , § 33. As to city treasurer, see Char. , § 34. As to budget, see Char. , §§ 41 to 62. As to department of finance, see Char. , §§ 63 to 76. As to tax administration, see Char. , §§ 110 to 126. As to issuance of bonds, see Char. , §§ 148 to 150. As to suits against city, see Char. , § 160. For state law requiring municipalities to keep books of account, requiring annual financial reports and pro- viding for examination of finances, see Fla. Stats. , § 167. 61. As to authority of city to impose and collect taxes, see Fla. Stats. , § 167.43. As to limitation on valuation of property for purposes of tax assessment, see Fla. Stats. , § 167.44. As to -collection of taxes and sale of property for nonpayment of taxes, see Fla. Stats. , §§ 167.46, 167.47. As to limitation on appro- priations and warrants, see Fla. Stats. , § 167.49. As to taxation and finance generally, see Fla. Stats. , § 192. 01 et seq. For law review article as to legal aspects of bond financing in Florida, see 6 Fla. L. Rev. 287. As to developments in bond financing, see 6 Fla. L. Rev. 385. As to Florida's state and local tax structure, see 13 Fla. L. Rev. 518. As to special assessments in Florida, see 10 Miami L. Q. 245. As to validation of bonds in Florida, see 8 Miami L. Q. 253, 10 Miami L. Q. 244. As to contracts of municipal corporations, see 8 Miami L. Q. 262. As to constitutional aspects of public bond financing, see 21 Miami L. Rev. 1. As to licenses, see ch. 10 of this Code. As to service charges, see § 19-2. As to charges for water service, see § 27-12. 91 § 8-1 Atlantic Beach City Code § 8-2 § 8-5. City improvements of over one thousand dollars to be executed by contract; exceptions. § 8-6. Contracts to be awarded lowest responsible bidder. § 8-7. Rejection of bids and readvertisennent. § 8-8. Alterations in contracts. § 8-9. Authority of purchasing agent to make purchases not exceeding five hundred dollars. § 8-10. Payments. Article III, Cigarette Tax. § 8-11. Imposed; amount. § 8-12. Collection. § 8-13. Disposition of revenue. Article IV. Utility Tax. § 8-14. Imposed; amount; utility services to which applicable; payment to be made to seller. § 8-15. Duty of seller to collect tax and pay same to city; failure to collect tax; authority of seller to discontinue service upon nonpayment of tax. § 8-16. Records to be kept by seller; inspection of records by city agents. § 8-17. Exemption of governmental agencies and churches from tax. § 8-18. When purchase deemed made within city. Article I. In General. Sec. 8 -1 . Fiscal year. 2 The fiscal year of the city is hereby established to be the same as the calendar year, that is, January 1 thru December 31. (Ord. No. 35-57-1, § 1. ) Sec. 8-2. City assessor to adopt Jacksonville assessments in assessing city property for taxation. The city tax assessor, in the preparation of the tax rolls for this city shall adopt the assessments either as to personal property, real estate or both, made by the tax assessor of the City of Jacksonville, Florida, as pertaining to the Third Urban Ser- vice Dis*.ri_ct and/or General Service District, City of Jacksonville, Florida, upon such properties within the city as are subject to taxation by this city. (Ord. No. 70-68-5, § 2.) 2. For charter provision authorizing city commission to es- tablish fiscal year of city, see Char. , § 41. 3. For charter provision as to assessment of property for taxation, see Char. , § 33. 92 § 8-3 Finance and Taxation § 8-8 Sec. 8-3. Fallout shelters used exclusively for fallout protection not to be assessed for taxation. The city tax assessor shall not consider a fallout shelter constructed on any prop- erty within the city and designed to be used only for protection from radioactive fall- out or other disaster as increasing the valuation of the property upon which it is built for ad valorem tax purposes. Any shelter that is used for any other purpose other than for the protection against fallout or other disaster shall be assessed the same as all other real property within the city. (Ord. No. 30-61-1, § 2.) Article II. Purchasing. 4 Sec. 8-4. Two or more bids required for purchases over five hundred dollars; exception. Two or more bids shall be required on all purchases of supplies, materials and equipment in excess of five hundred dollars; except, that under special conditions, the city commission may waive this requirement. (Ord. No. 5-57-2, § 1..) Sec. 8-5. City improvements of over one thousand dollars to be executed by contract; exceptions. Any city improvement costing in excess of one thousand dollars shall be executed by contract, except where such improvement is authorized by the city commission to be executed by a city department in conformity with detailed plans, specifications and estimates. (Ord. No. 5-57-2, § 2.) Sec. 8-6. Contracts to be awarded lowest responsible bidder. All contracts shall be awarded to the lowest responsible bidder that can best serve the interest of the city. (Ord. No. 5-57-2, § 3.) Sec. 8-7. Rejection of bids and readvertisement. The city manager, with the approval of the city commission, shall have the power to reject all bids and advertise again. (Ord. No. 5-57-2, § 4.) Sec. 8-8. Alterations in contracts. Alterations in any contract may be made when authorized by the city commission upon the written recommendation of the city manager. (Ord. No. 5-57-2, § 5.) 4. For charter provision authorizing city commission to pro- vide rules and regulations for purchases and sales made on behalf of city, see Char. , § 9(13). As to purchasing generally, see Char. , §§ 70 to 74. 93 § 8-9 Atlantic Beach City Code § 8-11 Sec. 8-9. Authority of purchasing agent to make purchases not exceeding five hundred dollars. The purchasing agent, with the approval of the city manager, may make purchases not to exceed five hundred dollars for any one purchase upon written requisition of a department head when the chargeable budget account has an adequate unemcumbered balance. (Ord. No. 5-57-2, § 6.) Sec. 8-10, Payments. Upon receipt of an invoice, confirmed by an approved purchase order and proof that the materials, supplies or equipment have been received or work completed, the city treasurer shall pay such indebtedness, taking advantage of all discounts allowed, (Ord. No. 5-57-2, § 7.) Article III. Cigarette Tax. 5 Sec. 8-11. Imposed; amount. An excise or privilege tax, in addition to all other taxes of every kind imposed by law, is hereby levied and imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes in the city for cigarettes of standard dimensions as defined by the general law of the state in the following amounts: (a) (1) Upon all cigarettes four inches long or less, five and one-half mills on each cigarette; (2) Upon all cigarettes more than four inches long and not more than six inches long, eleven mills on each cigarette; and, (3) Upon all cigarettes more than six inches long, twenty-two mills on each cigarette. (b) The description of cigarettes contained in subsection (a) of this section are hereby declared to be standard as to dimensions for taxing purposes, as provided in this article, and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimensions, the same shall be taxed at the rate of one cent on each such cigarette. (c) Where cigarettes described in subsection (a) (1) of this section are packaged in varying quantities of twenty cigarettes or less, the following rate shall govern: (1) Packages containing ten cigarettes or less require a five and one -half - cent tax. (2) Packages containing more than ten but not more than twenty cigarettes require an eleven -cent tax. 5. For state law authorizing city to levy tax on sale of ciga- rettes, see Fla. Stats. , § 210, 03. 94 § 8-12 Finance and Taxation § 8-14 (d) Where cigarettes described in subsection (a) (2) of this section are packaged in varying quantities of twenty cigarettes or less, the following rates shall govern: (1) Packages containing ten cigarettes or less require an eleven -cent tax. (2) Packages containing more than ten but not more than twenty cigarettes require a twenty -two -cent tax. (e) Where cigarettes described in subsection (a) (3) of this section are packed in varying quantities of twenty cigarettes or less, the following rates shall govern: (1) Packages containing ten cigarettes or less require a twenty -two -cent tax. (2) Packages containing more than ten but not more than twenty cigarettes require a forty -four -cent tax. (Ord. No. 70-68-4, § 1.) Sec. 8-12. Collection. The tax levied and imposed by this article shall be collected by the beverage de- partment of the state in the manner prescribed in chapter 210, Florida gtatutes. (Ord. No. 70-68-4, § 2.) Sec. 8-13. Disposition of revenue. All funds received by the city by virtue of this article shall be paid into a separate account to be designated "Cigarette Tax Account, and shall be used and expended only for the purposes specified in chapter 210, Florida statutes. 6 (Ord. No. 70-68- 4, §3.) Article IV. Utility Tax. 7 Sec. 8-14. Imposed; amount; utility services to which appli- cable; payment to be made to seller. There is hereby imposed and levied by the city, on each and every purchase of electricity, #1 (kerosene), #2 and #3 fuel oils (but not fuel oils of lower grades), metered or bottled gas (natural, liquefied petroleum gas or manufactured), in the corporate limits of the city, a tax equivalent to eight percent of the amount of the payments received by the seller of such utility service from the purchasers. Such tax, in every case shall be collected from the purchaser of such utility service, and paid by such purchaser for the use of the city to the seller of such electricity, #1 (kerosene), #2 and #3 fuel oils (but not fuel oils of lower grades) or gas service at the same time the purchaser pays to the seller the seller's charge for such service. (Ord. No. 70-58-1, § 1; Ord. No. 70-67-3, § 1; Ord. No. 70-72-6, § 1. ) 6. For state law as to use of cigarette tax revenues by municipalities, see Fla. Stats. , § 210. 03(5). 7. For state law authorizing city to levy tax on utility ser- vices, see Fla. Stats. , § 167.431. 95 Supp. #4, 9-72 § 8-15 Atlantic Beach City Code § 8-16 Sec, 8-15. Duty of seller to collect tax and pay same to city; failure to collect tax; authority of seller to discontinue service upon nonpayment of tax. It shall be the duty of every seller of electricity, #1 (kerosene) #2 and #3 fuel oils (but not fuel oils of lower grades), metered or bottled gas (natural, liquefied petroleum gas or manufactured) in acting as the tax -collecting medium or agency for the city, to collect from the purchaser for the use of the city, the tax hereby imposed and levied at the time of collecting the purchase price charged for each transaction, and to report and pay over on or before the fifteenth day of each calendar month, . to the city all such taxes imposed, levied and collected during the preceding calendar month. The city treasurer is hereby authorized to pre- scribe the forms on which such reports shall be made. It shall be unlawful for _ any seller of such utility service to collect the price of any sale of such elec- tricity, #1 (kerosene), #2 and #3 fuel oils (but not fuel oils of lower grades) or gas, without at the same time collecting the tax hereby imposed and levied in respect to such purchase or purchases. Any seller failing to collect such tax at the time of collecting the price of any purchase shall be liable to the city for the amount of such tax in like manner as if the same had been actually paid to the seller; providing, however, that the seller shall not be liable for the pay- ment of such tax upon uncollected charges. If any purchaser shall fail, neglect or refuse to pay to the seller such charge for such purchase or purchases, and the tax hereby imposed and levied and as hereby required on account of the pur- chase for which such charge is made, or either, the seller shall have and is hereby vested with the right, power and authority to immediately discontinue further service to such purchaser until the tax and the seller's bill shall have been paid in full. (Ord. No. 70-58-1, § 2; Ord.' No. 70-72-6, § 2. ) Sec. 8-16. Records to be kept by seller; inspection of rec- ords by city agents. Every seller of electricity, #1 (kerosene), #2 and #3 fuel oils (but not fuel oils of lower grades), metered or bottled gas (natural, liquefied petroleum gas or man- ufactured) shall keep complete records showing all purchases in the city of such service, which records shall show the price charged upon each purchase, the date thereof and the date of payment thereof and such records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days, and such duly authorized agents of the city shall have the right, power and authority to make such transcripts thereof during such times as they may desire. It shall be the duty of such agent or agents of the city as may from time to time be designated or appointed for that purpose by the city commission, to inspect such records at such times as the city commission may from time to time direct in order to determine that the tax hereby imposed and levied is being properly reported and paid to the city by each seller of such service. (Ord. No. 70-58-1, § 3; Ord. No. 70-72-6, § 3.) 96 Supp, #4, 9-72 § 8-17 Finance and Taxation § 8-18 Sec. 8-17. Exemption of governmental agencies and churches from tax. The United States of America, the State of Florida, the City of Jacksonville, the City of Atlantic Beach and agencies, boards, commissions and authorities thereof, and all recognized churches of the state, are hereby exempted from payment of the tax imposed and levied by this article. (Ord. No. 70-58-1, § 4. ) Sec. 8-18. When purchase deemed made within city. The purchase of the utility service upon which a tax is imposed and levied by this article shall embrace and include any part of the transaction of purchase oc- curring within the city, whether the same is the entering into of a contract for the purchase of any such utility service, the payment of the charges therefor or the use of lines, poles, wires or the streets for the transmission or delivery of such utility service. (Ord. No. 70-58-1, § 5. ) 97 Supp. #4, 9-72 Fire Protection CHAPTER 9. FIRE PROTECTION. 1 Article I. In General. § 9-1. False alarms. § 9-2. Reward for information leading to conviction of arsonists. Article II. Fire Prevention Code. § 9-3. Adoption. § 9-4. Enforcement. § p-5. Establishment of districts in which storage of explosives and -blasting agents, storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases restricted. § p-6. Modifications. § 9-7. Appeals from actions of chief of fire department. § 9-8. Penalty; imposition of penalty not to excuse violation; separate offenses; removal of prohibited conditions. Article III. Fire Department. Division 1. Generally. § 9-9. Issuance of cards to members, § 9-10. Police powers of members. § 9-11. Duties of chief of police and other peace officers to respond to fire alarms. Division 2. Officers. § 9-12. Enumeration. § 9-13. Appointment, term of office, residence requirements and qualifications of chief. § 9-14. Appointment and removal of other officers. 1. For charter provision authorizing city to provide fire pro- tection, see Char. , § 4(16). For state law authorizing city to pass necessary laws to guard against fires, see Fla. Stats. , § 167. 21. As to building bonfires near buildings, see Fla. Stats. , § 823. - 02. As to prohibition against signs constituting fire hazards, see § 20-7 of this Code. As to prohibition against signs which obstruct doors, windows and fire escapes, see § 20-11. 99 § 9-1 Atlantic Beach City Code § 9-3 Division 3. Duties of Chief of Fire Department. § 9-15. Establishment of rules and regulations; responsibility for personnel, morale and efficiency. § 9-16. Determination of number of companies and response of companies to alarms. § 9-17. Drills and instruction. § 9-18. Investigation of causes, etc. , of fires. § 9-19. Inspection of premises; orders to abate hazards. § 9-20. Records to be kept. § 9-21. Monthly reports to city commission. § 9-22. Annual reports to city commission. Division 4. Membership. § 9-23. Number; qualifications. § 9-24. Suspension or discharge; hearing before city commission on charges. Division 5. Apparatus and Equipment. § 9-25. Generally. § 9-26. Recommendations for purchases. § 9-27. Housing. § 9-28. Equipment for turning in alarms and notifying members of alarms. § 9-29. Private use of equipment prohibited; concealing equipment. § 9-30. Unauthorized entry into buildings and handling of equipment. Article 1. In General. S 9-1. False alarms. No person shall maliciously turn in or cause to be turned in a false alarm of fire. (Ord. No. 57-58-2, § 5, art. 5.) Sec. 9-2. Reward for information leading to conviction of arsonists. The city will pay as a reward to any person an amount not to exceed one hundred dollars for any one occurrence, for information leading to the arrest and conviction of any person found guilty of maliciously setting a fire within the city. (Ord. No. 57- 62-4, § 1. ) Article II. Fire Prevention Code. Sec. 9-3. Adoption. 2 There is hereby adopted, for the purpose of prescribing regulations governing 2. For state law authorizing city to adopt Fire Prevention Code by reference, see Fla. Stats. , § 165. 191. 100 § 9-4 Fire Protection § 9-7 conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, Abbreviated Edition, recommended by the Ameri- can Insurance Association, being particularly the 1965 edition thereof and the whole thereof, of which code not less than three copies have been and now are filed in the office ofthe city clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the city. (Ord. No. 57-65-6, § 1.) Sec. 9-4. Enforcement. The Fire Prevention Code adopted by this article shall be enforced by the chief of the fire department. (Ord. No. 57-65-6,, § 2.) Sec. 9-5. Establishment of districts in which storage of explosives and blasting agents, storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases restricteii. The limits referred to in section 53b of the Fire Prevention Code adopted by this article, in which storage of explosives and blasting agents is prohibited, the limits re- ferred to in section 74a of such code, in which storage of Class I liquids in outside aboveground tanks is prohibited, and the limits referred to in section 114 of such code, in which bulk storage of liquefied petroleum gas is restricted are hereby es- tablished as follows: All areas of the city except those completely zoned as Business "B" or Industrial, as provided in chapter 28 of this Code. (Ord. No. 57-65-6, § 3. ) Sec. 9-6. Modifications. The chief of the fire department shall have power to modify any of the provisions of the Fire Prevention Code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured and substantial justice done. The par- ticulars of such modification, when granted or allowed, and the decision of the chief of the fire department thereon, shall be entered upon the records of the department, and a signed copy shall be furnished the applicant. (Ord. No. 57-65-6, § 4.) Sec. 9-7. Appeals from actions of chief of fire department. Whenever the chief of the fire department shall disapprove an application or re- fuse to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code adopted by this article do not apply or that the true intent and meaning of such code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city commis- sion within thirty days from the date of the decision appealed. (Ord. No. 57-65-6, § 5.) 101 § 9-8 Atlantic Beach City Code § 9-11 Sec. 9-8, Penalty; imposition of penalty not to excuse viola- tion; separate offenses; removal of prohibited conditions. Any person who shall violate any of the provisions of the Fire Prevention Code adopted by this article or fail to comply therewith, or who shall violate or fail to com- ply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certi- ficate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city commission or by a court of competent jurisdiction within the time fixed herein, shall, severally, for each such violation and noncompliance respectively, be punished as provided in section 1-6. The imposition of one penalty for any violation shall not excuse the violationor permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of any such penalty shall not be held to prevent the enforced re- moval of prohibited conditions. (Ord. No. 57-65-6, § 6. ) Article III. Fire Department. 3 Division 1. Generally. Sec. 9-9. Issuance of cards to members. Each member of the fire department shall be issued a card designating his rank. (Ord. No. 57-58-2, § 5, art. 1.) Sec. 9-10. Police powers of members. All regularly appointed members of the fire department may be given the neces- sary special police powers for the purpose of enforcing the provisions of this chapter. (Ord. No. 57-58-2, § 6, art. 2.) Sec. 9-11. Duties of chief of police and other peace officers to respond to fire alarms. The chief of police and other peace officers who may be on duty and available for fire duty shall respond to all fire alarms and assist the fire department in the protection 3. For charter provisions as to fire department, see Char. , §§ 35, 39, 40. For state law as to municipal firemen's pension trust fund, see Fla. Stats. , § 175. 011 et seq. As to designation of director of public safety, see § 2-1 of this Code. 102 § 9-12 Fire Protection § 9-16 of life and property, regulation of traffic, maintaining order and enforcing observance of all provisions of this Code and other city ordinances. (Ord. No. 57-58-2, § 6, art. 3.) Division 2. Officers. Sec. 9-12. Enumeration. The fire department shall consist of a chief, assistant chief, captain, lieutenants and other officers as the chief and director of public safety may deem necessary for the effective operation of the department. (Ord. No. 57-58-2, § 1, art. 1.) Sec. 9-13. Appointment, term of office. residence require- ments and qualifications of chief.4 The chief of the fire department shall be appointed by the director of public safe- ty, with the approval of the city commission, and shall serve at the pleasure of the director of public safety and the city commission. The chief shall be technically qual- ified by training and experience, shall have ability to command men and hold their respect and confidence and shall be a resident of the city during the time of his em- ployment. (Ord. No. 57-58-2, § 1, art. 2.) Sec. 9-14. Appointment and removal of other officers. The assistant chief and all other department and company officers shall be ap- pointed by the chief of the fire department. Such officers shall be accountable only to the chief, and subject to removal by him. (Ord. No. 57-58-2, § 1, art. 3. ) Division 3. Duties of Chief of Fire Department. 5 Sec. 9-15. Establishment of rules and regulations: responsi- bility for personnel, morale and efficiency. The chief of the fire department shall formulate a set of rules and regulations to govern the department, and shall be responsible for the personnel, morale and gen- eral efficiency of the department. (Ord. No. 57-58-2, § 2, art. 1. ) Sec. 9-16. Determination of number of companies and response of companies to alarms. The chief of the fire department shall determine the number and kind of compa- nies of which the department is to be composed, and shall determine the response of such companies to alarms. (Ord. No. 57-58-2, § 2, art. 2. ) 4. For charter provision as to appointment and removal of chief of fire department, see Char. , § 39. 5. For charter provision as to duties of chief of fire depart- ment, see Char. , § 40. 103 § 9-17 Atlantic Beach City Code § 9-22 Sec. 9-17. Drills and instruction. The chief of the fire department shall, at least once a month, conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the city, fire prevention, water supplies and all other matters generally considered essential to good firemanship and safety of life and property from fire. (Ord. No. 57-58-2, § 2, art. 3..) Sec. 9-18. Investigation of causes, etc. , of fires. The chief of the fire department shall assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin and circumstances of all fires. (Ord. No. 57-58-2, § 4, art. 2. ) Sec. 9-19. Inspection of premises; orders to abate hazards. The chief of the fire depai tinent is hereby empowered to enter all buildings and premises, with the consent of the owner or occupant, at any reasonable hour, for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, all fire hazards that may be found. If entry is re- fused by the owner or occupant, such entry shall be made only pursuant to authority granted by a properly issued search warrant. Any person so served with a notice to abate any fire hazard shall comply therewith and promptly notify the chief of the fire department. (Ord. No. 57-58-2, § 2, arts. 5, 6.) Sec. 9-20. Records to be kept. The chief of the fire department shall see that complete records are kept of all fires, inspections, apparatus and minor equipment, personnel and other information about the work of the department. (Ord. No. 57-58-2, § 2, art. 7.) Sec. 9-21. Monthly reportsto city commission. The chief of the fire department shall report monthly in writing to the city com- mission the conditions of the apparatus and equipment, the number of fires during the month, their location and cause and date of the same and the loss occasioned thereby, the number and purpose of all other runs made, the number of members responding to each fire or other run and any changes in membership. (Ord. No. 57-58-2, § 2, art. 8. ) Sec. 9-22. Annual reports to city commission. The chief of the fire department shall make a complete annual report to the city commission within one month after the close of the fiscal year. Such report shall include the information specified in section 9-20, together with comparative data for previous years and recommendations for improving the effectiveness of the depart- ment. (Ord. No. 57-58-2, § 2, art. 9.) 104 § 9-23 Fire Protection § 9-28 Division 4. Membership. Sec. 9-23. Number; qualifications. The membership of the fire department shall consist of such persons as may be appointed by the chief of the fire department, and shall be able-bodied citizens. De- termination of whether candidates for appointment are able-bodied shall be made by the chief after a medical and physical examination has been made in a manner pre- scribed by the chief and approved by the director of public safety. (Ord. No. 57-58-2, § 3, art. 1.) Sec. 9-24. Suspension or discharge; hearing before city com- mission on charges. Any member of the fire department may be suspended or discharged from the department by the chief of the fire department at any time he may deem such action necessary for the good of the department. On written request of such member to the city commission, he shall be given a public hearing on the charges brought by the chief. (Ord. No. 57-58-2, § 3, art. 2.) Division 5. Apparatus and Equipment. Sec. 9-25. Generally. The fire department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. (Ord. No. 57-58-2, § 4, art. 1.) Sec. 9-26. Recommendations for purchases. Recommendations for purchase of apparatus and equipment needed shall be made by the chief of the fire department, in accordance with appropriate purchasing pro- cedure. (Ord. No. 57-58-2, § 4, art. 2. ) Sec. 9-27. Housing, All equipment of the fire department shall be safely and conveniently housed in such places as may be designated by the chief of the fire department. (Ord. No. 57-58-2, § 4, art. 3.) Sec. 9-28. Equipment for turning in alarms and notifying members of alarms. Suitable arrangement or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the department so that they may promptly respond. (Ord. No. 57-58-2, § 4, art. 4.) 105 § 9-29 Sec. 9-29. Atlantic Beach City Code § 9-30 Private use of equipment prohibited; concealing equipment. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person wilfully and without proper authority take away or conceal any article used in any way by the fire department. (Ord. No. 57-58-2, § 4, art. 5.) Sec. 9-30. Unauthorized entry into buildings and handling of equipment. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the fire department unless accompanied by, or having the special permission of, an officer or authorized member of the fire depart- ment. (Ord. No. 57-58-2, § 4, art. 6.) - 106 § 10-1 Licenses § 10-2 CHAPTER 10. LICENSES. 1 § 10-1. Half-year licenses. § 10-1. 1. Occupational license tax year. § 10-2. Businesses falling under more than one classification; businesses op- erated at more than one location, § 10-3. Licenses to comply with city ordinances. § 10-4. Revocation. § 10-5. Schedule of fees. Sec. 10-1. Half-year licenses. The city clerk, upon proper showing that the issuance of a license for a full year would work a hardship in any instance during the period from July 1 to Dec- ember 31, may issue a half -year's license. Persons applying for a license after December 31 may be issued a half -year's license. (Ord. No. 45-58-1, § 7.) Sec. 10- 1 . 1 . Occupational li cens e. tax year. The occupational license tax year shall be for the full year October 1, 1972 through September 30, 1973. (Ord. No. 45-72-3, § 1. ) Sec. 10-2. Businesses falling under more than one classi- fication; businesses operated at more than one location. Each license classification and the amount of the license tax, as set forth in this chapter shall be deemed to be cumulative to any license taxes otherwise im- posed, and when any occupation, business, profession or commercial activity shall fall into more than one of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the license requirements of each such classification or provision. Whenever any person operates any of the businesses provided for herein at more than one location, each location shall be considered a separate business. (Ord. No. 45-58-1, § 8. ) 1. For charter provision authorizing city to license busi- nesses, professions and occupations, see Char., § 4(7). See also Char. , § 125. For state law authorizing city to license businesses, professions and occupations, see Fla. Stats. , § 167.43. As to state and county license taxes, see Fla. Stats. , ch. 205. As to licensing of dogs and cats, see § 4-3 of this Code. As to finance and taxation generally, see ch. 8. 107 Supp. #4, 9-72 § 10-3 Atlantic Beach City Code § 10-5 Sec. 10-3. Licensees to comply with city ordinances. Issuance of a license by the city clerk shall in no wise relieve the holder there- of of responsibility for compliance with all provisions of this Code or other city or- dinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of such business. (Ord. No. 45-58-1, §4.) Sec. 10-4. Revocation. The city commission, by a three-fourths vote of all members present, sitting in regular session, by hearing, after notification to the holder that such hearing will be held, may revoke the license of any person found guilty of fraud or conduct involving moral turpitude. (Ord. No. 45-58-1, § 5.) Sec. 10-5. Schedule of fees. The amount of license tax which shall be paid by persons engaging in or man- aging businesses, trades, professions or occupations in the city are as follows: ADVERTISING: (a) Agencies $ 75.00 (b) Outdoor (General license covering all phases of advertisement, as defined in chapter 479, Florida Statutes, relating to out- door advertisers, and including erecting, servicing and main- taining of electrical and neon signs) (1) 50.00 Sign shop (Fabrication and painting of signs only. Not to include outdoor erection or maintenance of signs) 15.00 (2) Billboard, highway and wall signs (covering fabrication, erection, and/or maintenance of any type sign which is located on private property, exclusive of neon, which is covered under general license (b) ) AGENCIES: (a) Insurance company, home office, branch office, claim office (b) Insurance, each agent or solicitor (c) Real estate, each registered broker Each Salesman 35.00 75.00 10.00 15.00 10.00 (d) Manufacturer's agent, wholesale 20. 00 108 Supp. #4, 9-72 § 10-5 Licenses § 10-5 ALCOHOLIC BEVERAGES: Vendors of beer, wines and liquors shall pay to the city that fee set and pro- vided for by the laws of the state, in addition to any other required licenses. 108. 1 Supp. #4, 9-72 § 10-5 Licenses § 10-5 ANTIQUE SHOP $ 7.50 ATTORNEY, each 15.00 AUCTION HOUSE (Such business and fee to be granted on approval of the city commission) 50.00 AUTO DEALERS (Including storage) 25.00 AUTO: (a) Garages (including right to do cleaning, auto storage, repairs and service station) _ 35.00 (b) Service station, gas and oil service only, no repairs, etc. 15.00 (c) Service station (including right to do cleaning, auto storage, repairs, accessories, gas & oil services) 35.00 (d) Wrecker service 20.00 BAIL BONDSMAN 50.00 BAKERIES: (a) Bakery shop with retail sales at one location and retail delivery permitted 7.50 (b) Each bakery truck delivering products inside city from a plant operated outside city - 25. 00 BARBERSHOP 25.00 BEAUTY SHOP 25.00 BILLIARDS & POOL 20.00 BICYCLE RENTING, only 10.00 BICYCLE SHOP, rental & repair 15.00 BLACKSMITH OR WELDING SHOP (Including transient or mobile) 25.00 BOOK AGENTS 25.00 BOWLING ALLEYS, per alley 20.00 BROKERS: (a) Money lenders negotiating small loans up to $600. 00 200. 00 109 Supp. #3, 2-72 § 10-5 Atlantic Beach City Code § 10-5 (b) Stocks and bonds $ 25. 00 BUILDING & LOAN ASSOCIATIONS (Local concerns soliciting loans, etc. )- 25. 00 BUILDING SUPPLIES (Including sash, doors, windows, paints, retail, not hardware) 7. 50 CANDY MANUFACTURERS (Including right to sell retail or wholesale) 25. 00 CARPENTER OR CABINET SHOP 10. 00 CEMENT OR ARTIFICIAL STONE (Mfgs.) 25. 00 CLOTHING (Men, women or children) 25.00 CLUB, night 500.00 CLUB, private •- 50.00 CLUB, country 50.00 COAL AND WOOD 20. 00 COIN MACHINES: (a) Music or phonographs 15.00 (b) Marble type and shuffleboards 15. 00 (c) Vending machines, five cents and up 5. 00 CONTRACTO3iS: (a) General. Each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains shall pay a license tax determined by the maximum number of persons actually employed, or to be employed during the license year, in the county and shall be at the following rates: For 1 to 10 For 11 to 20 For 21 to 30 For 31 to 40 For 41 to 50 For 51 to 100 110 4.50 9. 00 13. 50 18. 00 22.50 75.00 Supp. #3, 2-72 § 10-5 Licenses § 10-5 For 101 to 150 $112. 50 For 151 to 200 150. 00 For 201 or more employees 187. 50 In determining the number of persons employed, all principals shall be deemed employees and be included in the calculation. (b) Electrical 50.00 (c) Fences, metal 20.00 (d) Landscaping or lot cleaning 25. 00 (e) Minor contractors (tile, painting, plasterers, floor sanding & waxing, all other miscellaneous small contractors) (f) Plumbing, including steam & hot water heating (g) Hot air heating, sheet metal, air conditioning -t (h) Roofing and siding (i) Well diggers (j) Septic tank, installation and repair (k) ,Crane service, steel erection CURIOS & NOVELTIES DANCE HALLS or any place of amusement where dancing is permitted, including establishments licensed under beverage laws of this state (except ballrooms at motels or hotels) DELICATESSEN DEPARTMENT STORES (Including 5 & 10K stores) DEALERS: (a) Used cars, sales only (b) Secondhand merchandise DRY CLEANING PLANTS, right to go from door to door DRUGSTORES, including drugs, sundries & fountain 111 20. 00 50. 00 25. 00 20. 00 20. 00 25. 00 25. 00 7.50 75. 00 7.50 7.50 7.50 7.50 20. 00 7.50 § 10-5 EATING PLACES: Atlantic Beach City Code § 10-5 (a) Restaurant, cafe, snack bar, dining room, drive-in eating establishment or other public eating place, whether operated in conjunction with some other line of business or not, except dining rooms in licensed public lodging establishments: 1 to 30 seats 31 to 74 seats 75 to 149 seats 150 or more seats $ 7.50 15. 00 22.50 30. 00 (b) Snack counters which maintain no seats or take-out service 7.50 (c) Drive-in restaurants where customers are served while seated in - vehicles, in addition to the fees specified in paragraph (a) above- 15.00 EXPRESS COMPANY 15.00 ELECTRIC APPLIANCES, retail (including repairs) 7.50 FLORIST, cut flowers, plants, no landscaping 7.50 FRUIT STANDS 7.50 FRUIT PEDDLERS (Or vegetables or both) 7.50 FURNITURE STORES 7.50 FUEL OIL SERVICE (Including delivery) 25. 00 GARBAGE AND TRASH COLLECTORS 25.00 GAS, Fuel, bottled, tank or otherwise, dealers in 25.00 GROCERIES, (Including meat markets and fish markets) 7.50 HARDWARE STORE (Not including heavy electric appliances) 7.50 HOTELS (Including dining room), per room .375 (Minimum $3.75. State license prerequisite) HOUSE MOVERS 100.00 ICE CREAM, retail 7.50 ICE: (a) Retail, including house to house - 25.00 112 § 10-5 Licenses § 10-5 (b) Retail, no delivery $ 7.50 (c) Ice manufacturers, wholesale 50.00 (d) Ice, delivery for outside 10.00 INSURERS (a) Casualty risks. There is hereby assessed, im- posed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the - Insurance Commissioner of the State of . Florida, an excise or license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which 'tax shall be in the amount of one percent of the gross amount of receipts of pre- miums from policyholders on all . premiums collect- ed on casualty insurance policies, covering prop- erty within the corporate limits of the City of At- lantic Beach. (b) Property insurance. There is hereby assessed, im- posed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the Insurance Commis- sioner of the State of Florida, . an excise or license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which tax shall be in the amount of two . percent of the gross amount of receipts of premiums from . policy- holders on all premiums collected on property in- surance policies covering property within the cor- porate limits of the City of Atlantic Beach. (c) Date for payment. The license or excise taxes levied in (a) and (b) above shall be due and . payable annually on the first day of March of each year hereafter. INTERIOR DECORATING AND SUPPLIES SHOP 25.00 JEWELERS 7.50 LAUNDERETTE 25.00 113 Supp. #5, 12-74 § 10-5 Atlantic Beach City Code § 10-5 LAUNDRIES , steam or otherwise , including right to solicit house to house , including dry cleaning $ 35,00 LAUNDRY AGENT , including right to solicit house to house 20.00 LINEN SUPPLY (Rental of linens) 20.00 LUMBER . YARDS 25.00 MILK, ICE CREAM, retail 7.50 MOTELS & ROOMING HOUSES , . per rental unit . 375 (Minimum . $3.75. State license . prerequisite. ) MOTION PICTURE ESTABLISHMENT 30,00 MUSIC SHOP (Including records , instruments , etc .) .. , 7.50 NEWSPAPER, MAGAZINE, .PERIODICAL STAND OR AGENCY ..... , 7.50 NOVELTY . PEDDLERS , 7.50 OIL & GASOLINE DEALERS, wholesale & retail 50.00 OFFICE SUPPLY & EQUIPMENT , wholesale & retail 25.00 OPTICIANS , each 15.00 PARKING LOTS , , .... , ... 25.00 PEDDLERS , house to house , , . 25.00 PHOTOGRAPHERS , established place of business 25.00 PHOTOGRAPHERS , itinerant or not having . permanently es- tablished place of business in city 25.00 PHYSICIANS , SURGEONS , CHIROPRACTORS , OSTEOPATHS , CHIROPODISTS , NATUROPATHS , DENTISTS , VETERINARIANS , and . persons otherwise engaged in the occupation or . profes- sion of treating the ailments of man or beast 15.00 POPCORN OR PEANUTS 7.50 PLUMBING SUPPLIES , retail 7.50 POULTRY & EGGS , retail 7.50 114 Supp . #5 , 12-74 § 10-5 Licenses § 10-5 PRESSING SHOP 20.00 PRINTING SHOP 25.00 PRO SHOP , golf 25.00 RADIO & TV REPAIR SHOP (Including sales) 25.00 REPAIRMEN AND REPAIR SHOPS (Repairing household fur- nishings or household appliances) 25.00 RIDING ACADEMIES OR STABLES (Instruction or rental horses) 25.00 RINKS (Skating, roller, amusement, including rental of skates & equipment for profit) 50.00 SCALES, weighing, coin-operated 2.00 SCHOOLS , private , including dancing, nursery & kinder- garten 10.00 SECONDHAND MERCHANDISE , store , dealer 7.50 SEED STORE , retail 7.50 SHEET METAL SHOP 25.00 SHOE REPAIR 20.00 STORAGE WAREHOUSE 25.00 TAXICAB & BUS , First cab 15.00 Each additional cab 5.00 Each bus under 4000 pounds 20.00 Each bus over 4000 pounds 50.00 TELEPHONE COMPANY: First 1,000 phones or instruments or fraction thereof, per phone or instrument operated or installed .075 Second 1,000 phones or instruments or fraction thereof over 1,000 , per phone or instrument operated or in- stalled . 06 All over 2,000 phones or instruments , per phone or instrument operated or installed .045 115 Supp. #5, 12-74 § 10-5 Atlantic Beach City Code § 10-5 TRAILER PARK OR TOURIST CAMP: 1 to 10 . trailer spaces $ 25.00 10 to 20 trailer spaces 35.00 20 or more trailer spaces 50.00 TRUCK TRANSFER: Established place of business 25.00 No established place of business, per truck 10.00 WATER SOFTENER 25.00 ANY BUSINESS, PROFESSION OR OCCUPATION NOT 1ISTED ABOVE (Ord. No. 45-58-1, §§ 1, 3; Ord. No. 77-68-1, § 4; Ord. No. 45-71-2, § 1; Ord. No. 58-74-1, §§ 1, 2; Ord. No. 58-74-3, §§ 1, 2.) 116 25.00 Supp. #5, 12-74 § 11-1 § 11-1. § 11-2. Motor Vehicles and Traffic § 11-2 CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. 1 Adoption of Florida Model Traffic Ordinance. Schedules of designated streets, districts and zones. Sec., 11-1. Adoption of Florida Model Traffic Ordinance. 2 For the purpose of regulating the movement of all vehicular, pedestrian and all other traffic within the city, there is hereby adopted chapter 186, Florida Statutes, known as the "Florida Model Traffic Ordinance," and the whole thereof, except sec- tions 186.38, 186. 193 and 186. 194; provided, that wherever the words "city manager" are used in the Model Traffic Ordinance hereby adopted, the same are hereby changed to read "director of public safety." Such Model Traffic Ordinance, with the exceptions noted aforesaid and as modified as aforesaid, is hereby adopted and incorporated here- in as fully as if set forth at length. (Ord. No. 75-58-1, § 1.) Sec. 11-2. Schedules of designated streets, districts and zones. The schedules of designated streets, districts and zones, referred to in the Florida Model Traffic Ordinance adopted by this chapter are hereby declared to be as follows: 1. For charter provision authorizing city to regulate and control streets, roads, etc. , see Char. , § 4(15). For state law as to regulation of traffic on highways, see Fla. Stats. , § 317. 01 et seq. As to prohibition against use of vehicles on beach during certain periods, see § 5-6 of this Code. As to prohibi- tion against use of sirens, whistles, etc. , on vehicles, see § 12-4. As to prohibition against signs constituting traffic hazards, see § 20-7. As to prohibition against signs which obstruct vision at intersections, view of traffic signs or signals or which cause confusion with traffic signs or signals, see § 20-8. As to streets and sidewalks generally, see ch. 22. As to permits for parades and processions, see § 22-2. As to taxicabs, see ch. 25. 2. For state law authorizing city to adopt Florida Model Traffic Ordinance by reference, see Fla. Stats. , § 186. 02. 117 § 11-2 Street Beach Avenue Seminole Road Mayport Road Atlantic Beach City Code § 11-2 Insert for Section 186. 194 SCHEDULE I. SPEED LIMITS. Speed Limit Time 15 MPH At all times 25 MPH At all times As established At all times from time to time by state road department SCHEDULE II. ONE-WAY STREETS AND ALLEYS. Street Direction of Traffic Plaza, north side, between East Coast Drive and Sherry Drive West Plaza, south side, between East Coast Drive and Sherry Drive East Selva Marina Drive, east side, from Seminole Road intersection north to city limits North Selva Marina Drive, west side, from Seminole Road intersection north to city limits South Street SCHEDULE III. THROUGH STREETS. Portions Affected Mayport Road All Ocean Boulevard All East Coast Drive All Seminole Road All 118 § 11-2 Motor Vehicles and Traffic § 11-2 SCHEDULE IV. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. Name of Street Portions Affected Ocean Boulevard East side from Atlantic Boulevard north to Ahern Street East Coast Drive Atlantic Boulevard north to 11th Street SCHEDULE V. PARKING TIME LIMITED ON CERTAIN STREETS. Street or District Time Atlantic Boulevard, north side, from Ocean Boulevard west to East Coast Drive Ocean Boulevard, west side, from Atlantic Boulevard north to Ahern Street (Qrd. No. 75-58-1, § 2; Ord. No. 75-67-2, § 1. ) 119 30 Minutes 30 Minutes § 12-1 Noise § 12-3 CHAPTER 12. NOISE, 1 § 12-1. Unnecessary noise generally prohibited. § 12-2. Use of noise -producing instruments outdoors on own premises. § 12-3. Noise in public places generally. § 12-4. Use of sirens, whistles, etc. , on vehicles prohibited. § 12-5. Regulations as to playing of musical instruments. § 12-6. Building operations at night. § 12-7. Muffling of blowers, power fans and engines. § 12-8. Permit required for use of loudspeaker for advertising purposes; hours when use of loudspeakers permitted. § 12-9. Noise by animals or birds. § 12-10. Noise interfering with schools, courts or churches. Sec. 12-1. Unnecessary noise generally prohibited. It shall be unlawful for any person to make, continue or cause to be made or con- tinued any unnecessary or unusual noise between the hours of 6:00 A. M. , and 8:00 P. M. , which either annoys, injures or endangers the comfort, repose, health or safety of others, or to make, continue or cause to be made or continued between the hours of 8:00 P. M. and 6:00 A. M. , whether in the operation of any machine or the exercise of any trade or calling or otherwise, any noise which either annoys, injures or endan- gers the comfort, repose, health or safety of others, unless the making and continuing of the same is necessary for the protection or preservation of property or of the health, safety, life or limb of some person. (Ord. No. 34, § 1. ) Sec. 12-2. Use of noise -producing instruments outdoors on own premises. It shall be unlawful for any person to install, maintain, harbor or play, at a physical location in anywise outside of any building comprising the whole or any part of such person's residential, business or professional premises, any musical or noise - producing instrument or portion thereof whatsoever; provided, that such installation, maintenance, harboring or playing shall not, if in keeping with all other provisions of this chapter, be prohibited at such location if the aforesaid musical or noise -producing instrument is not allowed to face upon any public or private street, avenue or way with- in the city. (Ord. No. 34, § 2.) Sec. 12-3. Noise in public places generally. It shall be unlawful for any person to ring any hand bell, beat or strike any pan, pail or other like article, sound any gong or blow any whistle or horn, or other than 1. For law review comments as to regulation of sound am- plifiers by municipalities, see 2 Fla, L. Rev. 103 and 2 Fla. L. Rev, 257. 121 § 12-4 Atlantic Beach City Code § 12-7 musical instruments when used as part of a band of music, except to give necessary signals upon a motor vehicle, motorcycle, bicycle or similar vehicle, or to hawk, cry or cal]. out the sale of goods at auction or otherwise, or to gain passengers for any cab, hack, taxi or other vehicle, or to make, aid, continue, encourage or assist in making any other or unusual noise upon any street or other public place or in close proximity thereto so as to be distinctly and loudly audible upon any such street or place in the city. (Ord. No. 34, § 3. ) Sec. 12-4. Use of sirens. whistles, etc. , on vehicles pro- hibited. It shall be unlawful for any person to carry or use upon any vehicle any gong, siren or whistle similar to that used on ambulances or vehicles of the police and fire departments. (Ord. No. 34, § 4. ) Sec. 12-5. Regulations as to playing of musical instruments. It shall be unlawful for any person using or performing upon any bugle, hand organ, barrel -organ, barrel-accordian, barrel -piano, hurdy-gurdy or other musical or wind instrument upon any street or other public place in the city to solicit, ask or request any money for such use or performance in any way, shape or manner, direct- ly or indirectly. No person shall use or perform upon such instruments in any street or public place before 9:00 A. M. nor after 6:00 P. M. , of any day, nor during any part of any Sunday, nor within a distance of two hundred fifty feet of any tenement or apartment house or dwelling when directed or requested by any occupant thereof to refrain or discontinue using or performing upon such instrument. (Ord. No. 34, § 5. ) Sec. 12-6. Building operations at night. It shall be unlawful for any person, in conducting any building operations between 7:00 P.M. and 7:00 A. M. , to operate or use any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is at- tended by J.oud or unusual noise, except by written permission of the city manager, and then only in case of. emergency. (Ord. No. 34, § 7.) Sec. 12-7. Muffling of blowers, power fans and engines. It shall be unlawful to operate or cause to be operated any noise -creating blower or power fan or any internal combustion engine, the operation of which causes noises due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to dead- en such noises so that the same shall not cause annoyance to the public or disturb the rest and quiet of persons residing or occupying property near enough thereto to be an- noyed by the unmuffled blower, fan or exhaust of any such engine. (Ord. No. 34, § 8. ) 122 § 12-8 Noise § 12-10 Sec. 12-8. Permit required for use of loudspeaker for advertising purposes; hours when use of loud- speakers permitted. It shall be unlawful for any person to use or operate any public address or loud- speaker equipment for advertising or sales purposes in any street or public place before 4:00 P. M. or after 5:00 P. M. of any day. No such loudspeaker equipment shall be operated within the city without a written permit from the city manager to operate the same. (Ord. No. 34, § 9.) Sec. 12-9. Noise by animals or birds. It shall be unlawful for any person to keep or harbor any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity. Sec. 12-10. Noise interfering with schools, courts or churches. It shall be unlawful for any person to create any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in use, which unreasonably interferes with the workings of such institution; provided, that conspicuous signs shall be displayed in such streets indicating that the same is a school or court street. 123 § 13-1 Nuisances § 13-2 § 13-1. § 13-2. § 13-3. § 13-4. § 13-5. CHAPTER 13. NUISANCES. 1 Certain acts, occurrences and conditions 'prohibited. Contents and service of notice to remove, suppress or abate prohibited act, occurrence or condition. Action by city commission following notice to remove, suppress or abate. Levy of special assessment against property for cost of work; costs constitute lien on land. Penalty in addition to other remedies. Sec. 13-1. Certain acts, occurrences and conditions pro- hibited. It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any of the following acts, occurrences or conditions within the city, the enumerations of which are merely indicative of the nature and type of acts, occurrences or conditions sought to be prohibited hereunder, and shall not be deemed to be exclusive: (a) To allow, suffer or permit any building or structure which, by act of God, fire decay or other cause, may become structurally dangerous, unsafe, dilapidated or unsanitary, to remain in such dangerous, unsafe, dilapidated or unsanitary con- dition without forthwith doing and performing all things necessary to cause such build- ing or structure to be reconstructed, restored, torn down or removed in conformity with applicable laws or regulations of the city which may now or hereafter be appli- cable in respect thereto. (b) To allow, suffer or permit any stagnant water to accumulate or stand upon the surface of the ground or upon or withinany receptacle or structure deposited or erected either above or below the ground, without exercising necessary precaution to prevent the propagation of mosquitoes therein. (c) To neglect or fail to keep in a state of good repair any sidewalk, footway or foot pavement situated upon any public lands lying immediately adjacent to the abut- ting private property by the party owning, occupying or having the custody of such abutting premises. (Ord. No. 25-67-6, § 1. ) Sec. 13-2. Contents and service of notice to remove, sup- press or abate, prohibited act, occurrence or condition. Whenever it is made to appear to the city manager, after investigation, that any of the acts, occurrences or conditions prohibited by section 13-1 have happened 1. For charter provision authorizing city to define, prevent and abate nuisances, see Char. , § 4(11). For state law authorizing city to prevent and abate nui- sances, see Fla. Stats. , § 167.05. 125 § 13-3 Atlantic Beach City Code § 13-3 or exist within the city, he shall forthwith prepare an estimate of the total cost of re- moving, suppressing or abating such prohibited act, occurrence or condition, and cause to be served upon the person owning, occupying or having the care or custody of any lot or parcel of land upon or in connection with which such prohibited act, oc- currence or condition exists or is maintained, a written notice to remove, suppress or abate the prohibited act, occurrence or condition involved within twenty days after service of such notice as hereinafter provided, which notice shall (1) describe the prohibited act, occurrence or condition in sufficient detail to plainly identify the same, (2) state the legal description of the property on which the same exists or is maintained, (3) state the estimated total cost which will, in the opinion of the city manager, cover the total cost of removing, suppressing or abating the same, (4) the proportion of such cost proposed to be borne by the city, if any, (5) the proportion of such estimated amount which shall be borne by the owner or occupant of the premises involved, (6) designate a time and place conforming to the first regularly scheduled meeting following expiration of such twenty day notice period at which the city com- mission shall meet to permit any owner, occupant of the premises involved or other interested person to present to the city commission any objections which he may have or assert to either the removal, suppression or abatement of such prohibited act, oc- currence or condition, or to the assessment of the cost as provided for in such notice, (7) state that unless such prohibited act, occurrence or condition has been effectively removed, suppressed or abated on or before the time of such meeting, the city com- mission may thereupon exercise its power to order the same forthwith removed, sup- pressed or abated in such manner as the city commission may, in its discretion, de- termine and assess the cost of so doing, or such proportion thereof as it may deem equitable or just, against the owner or occupant of the premises involved; provided, that such assessment shall in no event exceed the proportion of the estimated amount set forth in aforementioned notice to be borne by the owner or occupant of the prem- ises involved, and (8) state that any person owning or occupying any property so in- volved, or otherwise interested, who shall not at such meeting present in writing to the city commission his objections to the proposed removal, suppression or abatement or levy of special assessment to finance and defray the cost thereof, shall be deemed to have consented thereto. Such notice shall be served upon the owner, occupant or person having the care or custody of the particular property involved, if he is found upon such premises or within the city, and in case such owner, occupant or custodian cannot be found within the city after reasonable and diligent inquiry, such notice shall be posted in a conspicuous place upon such premises and a copy thereof mailed to the last known address of such owner, occupant or person having the care or custody of the land involved. (Ord. No. 25-67-6, § 2. ) Sec. 13-3. Action by city commission following notice to remove, suppress or abate. lf, at the time of the meeting specified in the notice provided for in section 13-2, the prohibited act, occurrence or condition has not been removed, suppressed or abated, the city commission after considering any written objections which may have been filed and accorded a full hearing to the owner, occupant or other interested per- sons, thereupon, determine and declare the necessity and propriety of enforcing the removal, suppression or abatement of the prohibited act, occurrence or condition re- ferred to in such notice, or revise, modify or abandon the proposed action set forth 126 § 13-4 Nuisances § 13-5 in the aforesaid notice, in such manner as the city commission, in the exercise of its discretion, may deem the circumstances to warrant, but no such determination, revision or modification shall increase the amount set forth in the aforesaid notice to be specially assessed against the owner or occupant of the property involved. (Ord. No. 25-67-6, § 3.) Sec. 13-4. Levy of special assessment against property for cost of work; costs constitute lien on land. The city commission shall, as soon as practicable and within thirty days after the completion of any work as authorized pursuant to this chapter, ascertain and de- termine the actual cost thereof and the respective portions to be borne by the city, if any, and the owners or occupants of the property involved, and thereupon, by resolu- tion, fix, levy and impose a special assessment against the property involved at an amount not exceeding either the actual cost of the work or the estimated special as- sessment stated in the notice, which resolution shall specify (1) description of the work performed, (2) date of completion, (3) total cost, (4) the proportion of such cost to be financed and defrayed by special assessment, (5) the unit or basis for distribu- ting the amount to be specially assessed among the several parcels of property where more than one parcel is liable for assessment, (6) the fact that a lien has been assessed by the city with a complete schedule or breakdown of the specific amount of special as- sessment levied and imposed against and upon each respective particular parcel of property involved, showing in detail the description of the property, name of owner and amount of assessment as severally and respectively levied and imposed, (7) that such liens shall bear interest at rate of eight percent per annum unless paid within thirty days after publication of such resolution, (8) that the city clerk shall forthwith have prepared and entered in a lien book maintained in his office as an official record, the amount of such lien assessed against each parcel of property, the date of comple- tion of such work and such other information as may be deemed appropriate, (9) that the city clerk shall cause such resolution to be published by posting or publication in a newspaper, as required by law, (10) that the city shall have, assert and possess a lien, superior to all other claims, except taxes, against and upon the property as there- in described for the respective amounts of such special assessments as indicated above, together with interest and costs of collection, and (11) commanding the city treasurer to enforce collection thereof. (Ord. No. 25-67-6, § 4.) Sec. 13-5. Penalty in addition to other remedies. In addition to the remedy provided in this chapter for the removal, suppression or abatement of the acts, occurrences or conditions prohibited by section 13-1, any person, or in the case of a corporation, the officers thereof, who, after service of notice as provided by section 13-2, is convicted in municipal court of violating any of the provisions of section 13-1, shall be punished as provided in section 1-6. (Ord. No. 25-67-6, § 5.) 127 § 14-1 Offenses --Miscellaneous § 14-3 CHAPTER 14. OFFENSES --MISCELLANEOUS. 1 § 14-1. Aircraft --Use of beach for landing and taking off prohibited. § 14-2. Same --Minimum altitude over city. § 14-3. Disorderly conduct. § 14-4. Indecent exposure --Prohibited. § 14-5. Same --Aiding, abetting or procuring. § 14-6. Same --Allowing use of premises, etc. , for prohibited acts. § 14-7. Loitering in, obstructing, etc. , streets, public places, etc. § 14-8. Malicious injury to public or religious buildings or property. § 14-9. Minors --Definitions. § 14-10. Same --Sale to child of material harmful to children prohibited. § 14-11. Same --Admission to or exhibition of show, motion picture, etc. , harmful to children. § 14-12. Same --Delinquent children. § 14-13. Obscenity --Participation in obscene shows, exhibitions, etc. § 14-14. Questioning of persons in public places; dangerous weapons search. § 14-15. Registration, fingerprinting and photographing of taxicab drivers and persons employed in places of amusement or places selling alco- holic beverages for consumption on premises. § 14-16. State misdemeanors. § 14-17. Weapons --Discharge of firearms, air guns, etc. , prohibited. Sec. 14-1. Aircraft --Use of beach for landing and taking off prohibited. It shall be unlawful for any person to start, take off or land an airplane or any heavier-than-air craft on the ocean beach within the city, or to use the ocean beach as a landing field for any such airplane or heavier-than-air craft. (Ord. No. 22, § 1.) Sec. 14-2. Same --Minimum altitude over city. It shall be unlawful for any person to fly an airplane or any heavier-than-air craft over any portion of the city at an altitude of less than one thousand feet. (Ord. No. 22, § 2.) Sec. 14-3. Disorderly conduct. (a) Any person who shall do or engage in any of the following shall be guilty of disorderly conduct: (1) Any person who shall act in a violent or tumultuous manner toward anoth- er, whereby any person is placed in fear of safety of his life, limb or health. 1. As to noise, see ch. 12 of this Code. As to nuisances, see ch. 13. 129 § 14-3 Atlantic Beach City Code § 14-3 (2) Any person who shall act in a violent or tumultuous manner toward anoth- er, whereby public property or property of any other person is placed in danger of being destroyed or damaged. (3) Any person who shall endanger lawful pursuits of another by acts of vio- lence, angry threats and abusive conduct. (4) Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another or pub- lic property. (5) Any person who shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl. (6) Any person who shall be found jostling or roughly crowding or pushing any person in any public place. (7) Any person who shall collect in bodies or in crowds for unlawful purposes. (8) Any person who shall assemble or congregate with another or others for the purpose of or with the intent to engage in gaming. (9) Any person who shall frequent any public place with intent to obtain money from another by an illegal and fraudulent scheme, trick, artifice or device. (10) Any person who assembles with another or others for the purpose of en- gaging in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person in the city, or who shall aid or abet therein. (11) Any person who utters, while in a state of anger, in the presence of an- other, any lewd or obscene words or epithets. (12) Any person who frequents any place where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is practiced, al- lowed or tolerated. (13) Any person who shall act in a dangerous manner toward others. (14) Any person who shall use "fighting words" directed towards any person who becomes outraged and thus creates turmoil. (15) Any person who shall assemble or congregate with another or others for the purpose of doing bodily harm to another. (16) Any person who shall, by acts of violence, interfere with another's pur- suit of a lawful occupation. (17) Any person who shall congregate with another or others in or on any public 130 § 14-4 Offenses --Miscellaneous § 14-7 way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other person having authority. (18) Any person who makes any unreasonably loud and unnecessary noise. (19) Any person who damages, befouls or disturbs public property or the prop- erty of another so as to create a hazardous, unhealthy or physically offensive condi- tion. (b) Any person, convicted of disorderly conduct, as defined in this section, shall be punished as provided in section 1-6. Sec. 14-4. Indecent exposure --Prohibited. 2 It shall be unlawful for any person, in any public place or private place to which the public is invited, to wilfully expose his or her person or private parts thereof, including in the case of any female person above the age of twelve years the wilful ex- posure in any such place of her bosom or breasts, inthe presence of one or more per- sons of the opposite sex. (Ord. No. 95-67-8, § 1. ) Sec. 14-5. Same --Aiding, abetting or procuring. It shall be unlawful for any person to aid or abet or to procure another to commit any act made unlawful by section 14-4. (Ord. No. 95-67-8, § 2. ) Sec. 14-6. Same --Allowing use of premises, etc. , for pro- hibited acts. It shall be unlawful for any person to permit the land, buildings or premises of which he is owner, lessee or tenant to be used for the commission of any act made unlawful by section 14-4 or section 14-5 or for any immoral purpose. (Ord. No. 95- 67-8, § 4.) Sec. 14-7. Loitering in. obstructing, etc. , streets, public places, etc. (a) No person shall loiter, lounge or sleep in or upon any street, park or public place or in any public building, or obstruct the access to any public building or any part thereof, or obstruct passage through or upon any public street, park or public place. (b) For the purposes of this section, the term "loiter" shall encompass, but shall not necessarily be limited to, one or more of the following acts: 2. For state law as to indecent exposure, see Fla. Stats. , § 800. 03. As to undressing or changing clothes on beach, see § 5-2 of this Code. 131 § 14-8 Atlantic Beach City Code § 14-8 (1) Obstruction of the free, unhampered passage of pedestrians or vehicles. (2) Obstructing, molesting or interfering with any person lawfully upon any street, park or other public place. (3) Remaining idle in essentially one location without being able to establish having a legitimate business or purpose in so remaining idle, or, by general conduct, exhibiting the absence of a lawful purpose in so remaining idle. (4) Conduct involving the concept of standing idly by, loafing, walking about aimlessly without purpose and including the colloquial expression of "hanging around." (5) Refusing to move on when so requested by a peace officer, provided the peace officer has exercised his discretion reasonably under the circumstances in -order to preserve or promote public peace and order. (c) For the purpose of this section, the term "other public place" shall be deemed to include the quasi -public area in front of or adjacent to any store, shop, restaurant, luncheonette or other place of business, and shall also include any parking lot or other vacant private property not owned or under the dominion of the person charged with a violation of this section. Sec. 14-8. Malicious injury to public or religious buildings or property.3 (a) No person shall do any of the following acts: (1) Wilfully destroy, defile, deface or otherwise injure any public building or property or part thereof or appurtenance thereto. (2) Wilfully destroy, defile, deface or otherwise injure any building or struc- ture used or designed for use as a place of religious worship or instruction or any part thereof or appurtenance thereto, or any book, religious vestment, furniture, or- nament, musical instrument, article of silver or plated ware or other chattel or prop- erty kept therein. (3) Brand, write, mark or paint any sign, letters or characters of an ob- scene or disparaging nature on any public building or monument or upon any building or structure used or designed for use as a place of religious worship or instruction or upon any part of such buildings, whether such part is interior or exterior. (4) Attempt to commit any acts prohibited by this section. (b) The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, 3. For state law as to malicious injury to buildings and struc- tures, see Fla. Stats. , §§ 822. 01 to 822. 23. 132 § 14-9 Offenses --Miscellaneous § 14-9 by a person apprehended upon public property, in a public building or upon the grounds of any building or structure used or designed to be used as a place of religious wor- ship or instruction shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Sec. 14-9. Minors --Definitions. For the purposes of sections 14-10 to 14-12, the following words and phrases shall have the meanings respectively ascribed to them by this section: Child. Such term shall have the same meaning as that set out in section 39. 01, Florida Statutes. Harmful to children. That quality of any description or representat-ion, in what- ever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse, when it: (1) Predominantly appeals to the prurient, shameful or morbid interest of children; and (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and (3) Is utterly without redeeming social importance for children. Knowingly. Having general knowledge of, or reason to know, or a belief or ground for belief, which warrants further inspection or inquiry of both: (1) The character and content of any materials described herein which is reasonably susceptible of examination by the defendant; and (2) The age of the child; provided, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such child. Nudity. The showing of human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. Sado-masochistic abuse. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. Sexual conduct. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast. 133 § 14-10 Atlantic Beach City Code § 14-13 Sexual excitement. The condition of human male or femal genitals when in a state of sexual stimulation or arousal. (Ord. No. 95-68-11, § 1. ) Sec. 14-10. Same --Sale to child of material harmful to children prohibited. It shall be unlawful for any person knowingly to permit, give or sell or loan for monetary consideration to a child: (a) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to children; or (b) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subsection (a) of this sec- tion, or explicit and detailed verbal descriptions or narrative accounts of sexual ex- citement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmfulto children. (Ord. No. 95-68-11, § 2. ) Sec. 14-11. Same --Admission to or exhibition of show, motion picture, etc. , harmful to children. It shall be unlawful for any person knowingly to exhibit for a child, or knowingly to admit a child to premises whereon there is exhibited, a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado- masochistic abuse and which is harmful to children. (Ord. No. 95-68-11, § 3.) Sec. 14-12. Same --Delinquent children. A child is to be considered a delinquent child, as defined in section 39. 01, Flori- da Statutes, who purchases, possesses or views any picture, photograph, drawing, sculpture, motion picture film or similar visual representation, motion picture, show or other presentation, or any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, as defined in section 14-10 or section 14-11. Any child in violation hereof shall be referred to the juvenile court authorities of Duval County, Florida. (Ord. No. 95-68-11, § 4.) Sec. 14-13. Obscenity --Participation in obscene shows, exhibitions, etc.4 It shall be unlawful for any person to take part in any obscene or immoral show, exhibition or performance where indecent, obscene, immoral or lewd dances or plays are conducted in any public or private place to which the public is invited. (Ord. No. 95-67-8, § 3.) 4, As to prohibition against obscene signs, see § 20-9 of this Code. 134 § 14-13. 1 Offenses- -Miscellaneous § 14-13.1 Sec, 14-130 .lo Same --Distribution of obscene material. 4a (a) It shall be unlawful for any person to distribute obscene material. (b) A person commits the offense of distributing obscene materials when he sells, lends, rents, leases, gives, advertises, publishes, exhibits or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so, (c) Material is obscene if considered as a whole, applying community standards, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and utterly without redeeming social value and if, in addi- tion, it goes substantially beyond customary limits of candor in describing or repre- senting such matters. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene, notwithstanding that processing or other acts may be re- quired to make the obscenity patent or to disseminate ite (d) Material, not otherwise obscene, may be deemed obscene under this section if the distribution thereof, or the offer to do so, or the possession with the intent to do so, is a commercial exploitation of erotica solely for the sake of their prurient appeal. (Ord. No. 95-70-12, § 1.) 4a, For state law as to distribution, etc., of obscene material, see Fla. Stats., § 847. 011. 134.1 Supp, #2, 5-71 § 14-14 Offenses --Miscellaneous § 14-16 Sec. 14-14. Questioning of persons in public places; dan- gerous weapons search. (a) A police officer may stop any person abroad in a public place whom he has probable cause to believe may be committing, may have committed or is about to com- mit a felony, and may demand of him his name, address and an explanation of his ac- tions. (b) When a police officer has stopped a person for questioning pursuant to this section and when such police officer has probable cause to believe he is in danger of life or limb, he may search such person for a dangerous weapon. If the police officer finds such a weapon, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either re- turn it, if lawfully possessed, or arrest such person. - Sec. 14-15. Registration, fingerprinting and photographing of taxicab drivers and persons employed in places of amusement or places selling alco- holic beverages for consumption on premises. Every person employed in any place handling liquor, beer or wine in any form for consumption on the premises or places of amusement, and all drivers of taxicabs, the owners of which hold certificates of convenience and necessity to operate in the city, are required to register within forty-eight hours from the time of their employ- ment in a book of registration to be kept by the chief of police, and to be also finger- printed and photographed by the chief of police. Upon registration, as required by this section, identification cards shall be issued to each person so registered, unless it is found that the person so registered has been convicted of a crime involving moral turpitude, and such identification card shall be carried on the person obtaining the same at all times while engaged in such employment. In the event such registration card shall be lost or cannot be produced upon reasonable notice, such person shall promptly reregister and secure a new card from the chief of police. (Ord. No. 95-67-9, §§ 1, 2.) Sec. 14-16. State misdemeanors. 5 It shall be unlawful for any person to commit within the city any act which is or shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby prohibited. (Ord. No. 173, § 1.) 5. Municipalities have authority to make unlawful within their boundaries those acts which are misdemeanors under state law, Orr. v. Quigg, 135 Fla. 653, 180 So. 726. Adoption of state misdemeanors includes existing as well as future laws enacted by the state legislature. State v. Smith, 189 So. 2nd 846. 135 § 14-17 Atlantic Beach City Code § 14-17 Sec. 14-17. Weapons --Discharge of firearms, air guns, etc. prohibited. It shall be unlawful to discharge any firearm or any loaded air gun, air rifle, air pistol or similar device within the city. (Ord. No. 122, § 1. ) 136 Parks and Recreation CHAPTER 15. PARKS AND RECREATION. 1 (Reserved for Future Legislation) As to beaches, see ch. 5 of this Code. § 16-1 Personnel § 16-2 § 16-1. § 16-2. § 16-3. CHAPTER 16. PERSONNEL.' Article I. Personnel Policy. Personnel program --Adoption. Same—Amendments. • Promotion to higher grade pay levels. Article II. Social Security. 16-4. Statement of policy. 16-5. Execution of agreements by mayor -commissioner. 16-6. Withholdings from wages. 16-7. Appropriations and payment of contributions by city. 16-8. Records and reports. 16-9. Exclusions. 16-10. Acceptance of Social Security Act. 16-11. Designation of custodian of funds and withholding and reporting agent. Article III. Annuities. 16-12. General fund to include payment of annuities, 16-13. Qualifications of employees. 16-14. Minimum monthly payment. 16-15. Payment effective upon employee retirement. 16-16. Cessation of payment upon death of employee. Article I. Personnel Policy. 2 Sec. 16-1. Personnel program—Adoption.. "A Personnel Program for the Municipal Service of Atlantic dated December 5, 1960, with positions described and classified, adopted by the city commission as an orderly procedure for the e tention, advancement, disciplining and termination of employees authority of the city. (Ord. No. 50-61-1, § 1.) Sec. 16-2. Same --Amendments. Beach, Florida," is approved and mployment, re - by the appointing The personnel rules and regulations adopted by section 16-1 are amended as follows: 1. For charter provision authorizing city to partment of personnel, see Char. , § 7 2. For charter provision authorizing city to form system of employment practices, 4(18). 139 establish a de - 7. establish a uni- see Char. , § Supp. #1, 5-70 § 16-3 Atlantic Beach City Code § 16-4 (a) Sections 5. 1 and 5. 2 are amended to show the following holidays and such others as the mayor -commissioner may fix as holidays with pay for all regular em- ployees in the municipal service: New Years Labor Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving 4th of July Christmas Holidays falling on a Saturday or Sunday will be recognized on the Friday pre- ceding or Monday following respectively. (b) Fire Chief (056) "MINIMUM TRAINING AND EXPERIENCE" is amended to read: "Graduation from a standard high school and ten years of progressively respon- sible fire -fighting experience including some supervisory experience. The require- ment of training and experience may be modified or waived at the sole discretion of the city commission. " (c) Police Chief (046) "MINIMUM TRAINING AND EXPERIENCE" is amended to read: "Graduation from high school and other courses in police functions and adminis- tration and ten years of progressively responsible experience in a variety. of police functions including supervisory police duties. The requirement of training and ex- perience may be modified or waived at the sole discretion of the city commission. " (Ord. No. 50-65-3, §§ 3 to 5.) Sec. 16-3. Promotion to higher grade levels. Employees shall be eligible for promotion to higher grade pay levels upon the recommendation of department heads, with the concurrence of the city manager. (Ord. No. 50-68-7, § 2. ) Article II. Social Security. Sec. 16-4. 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 Survivor's Insurance, as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 of 81st Congress, and by Chapter 26841, Florida Statutes, 1951; and to cover by such plan all services which constitute employment as defined in section 2 of Chapter 26841, Laws of Florida, 1951, 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. (Ord. No. 143, § 1.) 140 Supp. #1, 5-70 § 16-5 Personnel § 16-10 Sec. 16-5. Execution of agreements by mayor -commissioner. The mayor -commissioner is hereby authorized and directed to execute all neces- sary agreements and amendments thereto with the chairman of the. Florida Industrial Commission as the state agency for the state or his authorized representative for the purpose of extending the benefits provided by the system of Old Age and Surviovor's Insurance to the employees and officials of this city, as provided in section 16-4, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient ad- ministration thereof, and shall be effective with respect to services in employment covered by such agreement performed after December 31, 1950. (Ord. No. 143, § 2.) Sec. 16-6. Withholdings from wages. Withholdings from salaries, wages or other compensation of employees and of- ficials for the purpose provided in section 16-4 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency desig- nated by such laws or regulations to receive such amounts. (Ord. No. 143, § 3.) Sec. 16-7. Appropriations and payment of contributions by city. There shall be appropriated from available funds, derived from such amounts, at such times, as may be required to pay promptly the contributions required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner pro- vided by law and regulations. (Ord. No. 143, § 4.) Sec. 16-8. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and reg- ulations of the state agency for the enforcement of such laws and regulations. (Ord. No. 143, § 5.) Sec. 16-9. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Ord. No. 143, § 6.) Sec. 16-10. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, ben- efits, privileges and other conditions thereunto appertaining of Title II of the Social Security Act, as amended by Public Law No. 734, 81st, Congress, for and on behalf 141 Supp. #1, 5-70 § 16-11 Atlantic Beach City Code § 16-15 of all the officers and employees thereof and of its departments and agencies, save and except any of such officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or em- ployee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations. (Ord. No. 143, § 7.) Sec. 16-11. Designation of custodian of funds and withhold- ing and reporting agent. The city treasurer is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the con- tribution of the city and the city treasurer is hereby made the withholding and report- ing agent and charged with the duty of maintaining personnel records for the purposes of this article. (Ord. No. 143, § 8.) Article III. Annuities. Sec. 16-12. General fund to include payment of annuities. The general fund of the city shall be so set up as to include payment of annuities to city employees who meet the qualifications of section 16-13. (Ord. No. 42-69-1, § 1.) Sec. 16-13. Qualifications of employees. Annuities shall be paid to city employees who meet the following qualifications: (a) Have attained the age of sixty-five. (b) Have been an employee of the city (except for active military service in the armed forces of the United States during times of national emergencies) for a con- tinuous period of at least twenty-five years. (c) The annuity shall be payable to employees of the city who are not covered by any other pension plan of the city. (Ord. No. 42-69-1, § 2.) Sec. 16-14. Minimum monthly payment. The annuity shall provide for a minimum monthly payment of one hundred dollars, the exact amount to be at the discretion of the city commission. (Ord. No. 42-69-1, § 3.) Sec. 16-15. Payment effective upon employee retirement. The payment of this annuity shall only be effective upon the retirement of the city employee. (Ord. No. 42-69-1, § 4.) 142 Supp. #1, 5-70 1 § 16-16 Personnel § 16-16 Sec. 16-16. Cessation of payment upon death of employee. The payment of the annuity shall cease upon the death of such city employee. (Ord. No. 42-69-1, § 5.) 142.1 Supp. #1, 5-70 § 17-1 Plumbing CHAPTER 17. PLUMBING .1 § 17-4 § 17-1. Adoption of Southern Standard Plumbing Code. § 17-2. Repealed. § 17-3. Appointment and qualifications of plumbing inspector. § 17-4. Master and journeyman plumbers to have certificate of competency. §§ 17-5 to 17-9. Repealed. § 17-10. Plumbing. permits --Required. § 17-11. Same --Determination of ownership of secondhand fixturesprior to issuance. § 17-12. Same --Fee. § 17-13. Same --To whom issued. § 17-14. Prior rights, liabilities, etc. , not affected. Sec. 17-1. Adoption of Southern Standard Plumbing Code.2 There is hereby adopted the Southern Standard Plumbing Code 1973 edi- tion, for the purpose of establishing rules and regulations for the construction, maintenance and repairs on plumbing, includingpermits and. penalties. (Ord. No. 25-70-9, § 1; Ord. No. 55-74-14.) S e c . 17 - 2 . Repealed by Ordinance No. 25-70-9. Sec . 17-3 . Appointment and qualifications of plumbing inspector.a The plumbing inspector shall be appointed by the city manager . He shall not be directly or indirectly engaged in any way with any firm or corporation engaged in the business of contracting or installing plumbing. (Ord. No. 55- 58-1, § 8.) Sec. 17-4. Master and journeyman plumbers to have certificate of competency. Every master or journeyman plumber before carrying on his trade or business in this city, shall present to the city clerk a certificate as to his com- 1. For state Plumbing Control Law, see Fla. Stats. , § 553.- 01 et seq. As to license fees for plumbers, see § 10-5 of this Code. As to sewers and sewage disposal, see ch. 19. As to swimming pools, see ch. 24. As to water supply, see ch. 27. 2. For state law authorizing city to adopt Plumbing Code by reference, see Fla. Stats. , § 165.191. 3. For charter provision authorizing city manager to ap= point city officers and employees, see Char. , § 26. 143 Supp. #5, 12-74 § 17-5 Atlantic Beach City Code § 17-14 petency issued by the Board of Examiners of Plumbers of the City of Jackson- ville, or an existing certificate previously issued by the city. It shall be unlawful for any person, not a certified plumber in accordance with theprovisions of this section, to do any plumbing construction or to make any repairs, alterations, additions or changes to an existing system, within the city. (Ord. No. 55-58-1, § 2; Ord. No. 55-74-14.) Secs . 1 7 - 5 to 1 7 - 9 . Repealed by Ordinance Number 55-74-14. Sec. 17-10. Plumbing permits --Required. A permit is required to do plumbing work of any character, make any changes, extensions or disconnect plumbing or change the location or type of _ anyfixture, except the repair of leaks or relieving temporary stoppages. (Ord. No. 55-58-1, § 7.) Sec. 17-11 . Same --Determination of ownership of second- hand fixtures prior to issuance. Before the issuance of any plumbing permit, the plumbing inspector shall ascertain whether new or secondhand fixtures are to be used in the work. Whenever secondhand fixtures are proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing of the ownership of such fixtures and keep a record of the same. (Ord. No. 55-58-1, § 7.) Sec. 17-12. Same --Fee. A fee of one dollarper fixture, including washing machines, water heat- ers and dishwashers, shall be paid to the city clerk when a plumbing permit is issued. The minimum charge for any permit shall be two dollars. (Ord. No. 55-58-1, § 7.) Sec. 17-13. Same --To whom issued. Permits to do plumbing work shall be issued to master plumbers only. (Ord. No. 55-58-1, § 9.) Sec. 17-14. Prior rights , liabilities , etc . , not affected. Nothing in this chapter or in the rules and regulations adopted by this chapter shall be construed to affect any rights acquired or liability incurred, nor any cause or causes of action accrued or existing under any prior act or ordinance, nor shall any right or remedy of any character be lost, impaired or affected by this chapter. (Ord. No. 55-58-1, § 11.) 144-146 Supp. #5, 12-74 § 17-6 Plumbing § 17-8 any time by the board for cause. All money received by the city hereunder shall be paid into the general fund of the city. Any person desiring to engage in or work at the business of plumbing, either as a master plumber or an employing plumber or as a journeyman plumber, shall make application to the board of examiners of plumbers at such times and places as the board may designate. Such examination shall be made in whole or in part in writing, and shall be of a practical and elementary char- acter, but sufficiently strict to test the qualifications of the applicant. (Ord. No. 55-58-1, § 2.) Sec. 17-6. Applicants for certificates to appear in person. Every master, employing or journeyman plumber carrying on his business or trade in the city shall appear in person before the board of examiners of plumbers and pass an examination as to his competency as required by law. (Ord. No. 55- 58-1, § 4.) Sec. 17-7. Issuance of certificates; doing plumbing work without certificate prohibited. It shall be the duty of the board of examiners of plumbers to issue to plumbers found competent upon examination proper certificates of competency and it shall be unlawful for any person not the holder of a certificate thus issued to engage in the business or trade of plumbing within the city. (Ord. No. 55-58-1, § 3.) Sec. 17-8. Occupational license and bond required of master plumbers. It shall be required of every person obtaining a master plumber's certificate, before engaging in the business of master plumber, to pay to the city an annual occu- pational license tax, as set out in chapter 10 of this Code, to conduct such business, and to execute a bond in the sum of one thousand dollars with a responsible surety company authorized to do business in this state as surety, conditioned to protect the city and the owner of any premises against all loss or damage occasioned by the neg- ligence of the principal therein in failing to properly execute and protect all work done by him or his employees or under his direction or supervision and from all loss or damage occasioned by or arising in any manner from any such work done by such principal or his employees or under his direction or supervision, which is not caused by the negligence of the city, its agent or employees, and conditioned further that the principal therein will keep and observe all provisions of this Code and other or- dinances at any time enacted by the city commission relating in any way to plumbing or plumbing work. Such bond shall be approved by the city manager before the same becomes effec- tive, and may be sued on by the city, relating in any way to plumbing or plumbing work, and in the case of the owner of any premises damaged by such work, such own- er shall be authorized to bring suit in any court of competent jurisdiction in the name of the city, for his use and benefit; provided, that in any action by the owner of any premises, the same shall not involve the city in any expense whatever. (Ord. No. 55-58-1, § 5.) 145 § 17-9 Atlantic Beach City Code § 17-14 Sec. 17-9. When certificates and bonds expire; certificate, bond and occupational license prerequisite to issuance of plumbing permit. All certificates issued by the board of examiners for plumbers and all bonds required by this chapter shall expire on and be null and void after June 30 of each year, and no plumbing work shall be done and no permits shall be issued to any master or employing plumber who does not have such certificate and bond and a city occupational license in full force and effect. (Ord. No. 55-58-1, § 6.) Sec. 17-10. Plumbing permits --Required. A permit is required to do plumbing work of any character, make any changes, extensions or disconnect plurnbing or change the location or type of any fixture, ex- cept the repair of leaks or relieving temporary stoppages. (Ord. No. 55-58-1, § 7.) Sec. 17-11. Same --Determination of ownership of second- hand fixtures prior to issuance. Before the issuance of any plumbing permit, the plumbing inspector shall ascer- tain whether new or secondhand fixtures are to be used in the work. Whenever sec- ondhand fixtures are proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing of the ownership of such fixtures and keep a record of the same. (Ord. No. 55-58-1, § 7.) Sec. 17-12. Same--'ee. A fee of one dollar per fixture, including washing machines, water heaters and dishwashers, shall be paid to the city clerk when plumbing permit is issued. The minimum charge for any permit shall be two dollars. (Ord. No. 55-58-1, § 7.) Sec. 17-13. Same --To whom issued. Permits to do plumbing work shall be issued to master plumbers only. (Ord. No. 55-58-1, § 9.) Sec. 17-14. Prior rights, liabilities, etc. , not affected. Nothing in this chapter or in the rules and regulations adopted by this chapter shall be construed to affect any rights acquired or liability incurred, nor any cause or causes of action accrued or existing under any prior act or ordinance, nor shall any right or remedy of any character be lost, impaired or affected by this chapter. (Ord. No. 55-58-1, § 11,. ) 146 § 18-1 Refuse, Garbage and Weeds CHAPTER 18. REFUSE, GARBAGE AND WEEDS.1 Article I. In General. § 18-1 § 18-1. Definitions. § 18-2. Garbage cans and trash containers. § 18-3. Burial of garbage. § 18-4. Deposit of garbage, trash, etc. , on vacant lots, streets, parks, etc. , prohibited; compost piles. § 18-5. License for collection, removal, transportation and disposal of garbage. § 18-6. Permit required to transport garbage. § 18-7. Fees to be charged by city for collection of garbage and trash. § 18-8. Certain wastes not to be removed by city. § 18-9. Prima facie evidence of production of garbage; duty of city to inspect premises. § 18-10. Service to persons outside regular service area. Article II. Accumulations of Weeds or Trash. § 18-11. Maximum permissible height of weeds. § 18-12. Duty to keep premises clean and free of accumulations of trash, weeds, etc. § 18-13. Notice to clean premises; time for compliance with notice. § 18-14. City may have work done when owner fails to do so; assessment of costs against property; assessment constitutes lien on property. § 18-15. Maximum assessment per year. Article I. In General. Sec. 18-1. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: City. The area :encompassed by the legal city limit lines of the City of Atlantic Beach. Commercial A unit. Any business establishment, store, house or shop, other 1. For charter provision authorizing city to provide sanitary services, see Char. , § 4(16). For state law authorizing city to provide for collection and disposal of garbage and other waste, see Fla. Stats. , § 167.06. As to leaving refuse on beach, see § 5-4 of this Code. As to license fees for garbage and trash collectors, see § 10-5. 147 Supp. #1, 5-70 § 18-2 Atlantic Beach City Code § 18-2 than a grocery, food store or bar. Within this classification are, by way of example, amusement houses, drug and sundry stores, dry goods and hard goods stores, pack- age houses,, filling stations and offices. Commercial B unit. Any food processing plant, light manufacturing plant, bar or any restaurant seating less than twenty-five persons, or any small food or gro- cery store. Commercial C unit. Any restaurant seating over twenty-five but less than one hundred persons, any drive-in restaurant or any large grocery store or supermarket. Commercial C-1 unit. Any restaurant seating one hundred or more persons. Commercial D unit. Any building with a business establishment and apartments or living units under the same roof, or on the same lot. Commercial E unit. Any tourist court or trailer park. Commercial F unit. Any hotel. Garbage. Every refuse accumulated from cooking, cleaning and housekeeping. Garbage can. A can of the type commonly sold as a garbage can, in good con- dition and covered with a tight -fitting lid. Garden trash. All the refuse accumulated from the care of lawns, shrubbery or vines, and tree limbs. Residence A unit. A residence occupied by and the place of abode of a single family where one kitchen only is provided and maintained. Residence B unit. Duplex residences under a single roof, or apartments con- sisting of two or more units under a single roof, or a primary and secondary dwell- ing on the same lot. (Ord. No. 55-60-5, § 1; Ord. No. 55-69-12, § 2.) Sec. 18-2. Garbage cans and trash containers. (a) Required. All residents or occupants of residences, apartments or places of business within the city shall provide garbage cans of sufficient capacity to hold two days accumulation of garbage. (b) Storage. Garbage cans set out for garbage collection shall not be placed closer than twenty feet to the street from which garbage service is rendered, nor farther back than the building line. Garbage can blinds, which are in architectual harmony with the building, or underground containers, may be placed anywhere be- tween the building and the street from which garbage service is rendered, but in no case shall they be located on public property. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the city sanitation department for placement of containers for garbage service shall 148 Supp. #1, 5-70 § 18-3 Refuse, Garbage and Weeds § 18-5 apply to the building inspector, who shall thereupon determine the location at which garbage cans shall be placed. Garbage cans not in underground containers or blinds shall not be left in a front yard overnight. Garbage cans located other than as herein- above described shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. (c) Inspection and approval. All garbage and trash cans shall be subject to in- spection and approval or condemnation by the inspectors of the sanitation department of the city, and no appeal from such condemnation shall be possible except to the city commission. (d) All garbage cans and trash containers shall be emptied at least once each day, except Sunday, and the contents thereof shall be disposed of at least once each day, except Sunday, in residential districts and as designated by the city manager in the business districts. (Ord. No. 55-60-5, § 2.) Sec. 1'8.-3.. Burial of .garbage. No garbage shall be buried upon the premises of the person by whom such gar- bage is accumulated. No garbage shall be buried elsewhere in the city except upon written permit of the city manager. (Ord. No. 55-60-5, § 2.) Sec. 18-4. Deposit of garbage, trash, etc. , on vacant lots, streets, parks, etc. , prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, bottles, cans or containers upon any vacant or unoccupied premises of the city, or upon any street, alley or park. (b) It shall be unlawful for any person to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or premises, or a street, plaza, alley or park, or in any canal, waterway, lake or pool within the city. Garden trash containing no combustible matter or mat- ter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Ord. No. 55-60-5, §§ 2, 5.) Sec. 18-5. License for collection, removal, transportation and disposal of garbage. 2 (a) No person shall remove garbage or trash from any premises in the city, or transport garbage or trash through the streets or alleys or public ways of the city, or dump, incinerate or in any other manner dispose of garbage or trash originating in the city, or contract for or permit himself to be employed or engaged for any such removal, transportation or disposal, without first having secured a license for such 2. As to license fee for garbage collectors, see § 10-5 of this Code. 149 Supp. #1, 5-70 § 18-6 Atlantic Beach City Code § 18-7 services from the city treasurer. Before issuing such license, the city treasurer shall require the execution of an application form, to be furnished by him, showing the names of the principal officers and the names of the persons who are to actually perform such services for the corporation, together with the business and home ad- dresses of each of such persons, a description of the equipment to be used in such removal, transportation and disposal and the exact location of and the method of dis- posal, which application shall be submitted to and approved by the city commission as a prerequisite to the issuance of the license. When such application specifies a point of disposal beyond the limits of the city, the city manager shall determine that the disposal of garbage at the point named, and by the method described in the appli- cation are satisfactory to the proper authorities of Duval County or of the municipal- ity, if such point is within a municipality. No licensee under this section shall change any of the personnel names in such application, nor any of the equipment used for removal or transporation, nor the location or method of disposal, as describedin such application, without first having reported such changes to the city manager and secured his approval and permission therefor, and in the cases of changes in the location and method of disposal, if beyond the limits of the city, such changes shall also be approved by the proper authorities of Duval County or of the municipality within which such disposal point is located. (b) The city reserves the right to reject any such application without the neces- sity for showing cause of such action, provided such contractor undertakes to per- form work not in the best interests of the city. (Ord. No. 55-60-5, § 3.) Sec. 18-6. Permit required to transport garbage. In all cases in which garbage is removed and disposed of by persons other than the employees of the sanitation department of the city, the owner or occupant of the premises from which such removal is made shall first secure a written permit from the city manager, showing the name and address of the person by which such removal is to be made, the nature of the vehicle in which it is to be transported, the location at which and the manner in which the ultimate disposition of the garbage is to be ac- complished. No person shall contract or permit himself to be employed for such private disposition of garbage unless he shall have first procured a license or per- mit therefor from the city, as provided in this article. (Ord. No. 55-60-5, § 2.) Sec. 18-7. Fees to be charged by city for collection of garbage and trash. (a) All residents, occupants and owners of premises in the city who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation department of the city, and for such service of garbage and trash re- moval shall pay the city treasurer the sums shown below for each service: (1) Residence A Unit. For each residence A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents per quarter-. 150 Supp. #1, 5-70 § 18-7 Refuse , Garbage and Weeds § 18-7 (2) Residence B Unit. For each residence B unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents quarterly per living unit. (3) Residence C Unit. For each residence C unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents quarterly per living unit; or, if central pickup of gar- bage and trash placed in containers (two cubic yards furnished and maintained by the City) the fee for collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight dollars per container . (4) Commercial A Unit. For each commercial A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of ten dollars and fifty cents quarterly. - (5) Commercial B Unit. For each commercial B unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of thirteen dollars and fifty cents quarterly. (6) Commercial C unit. For each commercial C unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy- eight dollars quarterly per container . (7) Commercial C-1 Unit. For each commercial C-1 unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight dollars quarterly per container . (8) Commercial D Unit. For each commercial D unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum as herein above shown for such business unit, plus the sum of seven dollars and fifty cents quarterly for each and every living unit. (9) Commercial E Unit. For each commercial E unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents for each unit with kitchen facilities and three dollars quarterly for each unit without kitchen facilities, or seventy-eight dollars per container. (10) Commercial F Unit. For each commercial F unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight dollars per container quarterly . (11) Commercial units with container service. Commercial units required to install container service by the head of the sanitation department shall pay seventy-eight dollars quarterly for each container; this fee in- cludes garbage service and maintenance of container . 151 Supp. #5, 12-74 § 18-8 Atlantic Beach City Code § 18-10 (b) Every such garbage collection fee shall be computed for a three month period beginning July 1, 1960 and shall be payable in advance for each three month period thereafter. Every such fee shall be due and payable on July 1, October 1, January 1 and April 1 of each year, and shall become delinquent if not paid within thirty days thereafter. (c) In residential or commercial districts, wherever there exists any exceptional condition of occupancy or use, the city commission may enter into an agreement with the owner, lessee, renter or tenant as to the proper charges to be paid by such per- sons; except, that all such agreements shall provide that such charges shall be made in a uniform manner and proportional to the other charges for similar service as set forth in this article. (d) The garbage collection fees levied by this article shall become delinquent if not paid within thirty days after the same become due and payable, and in the event of any such delinquency, the city shall discontinue its garbage collection services to any property or unit, the owner, lessee, permittee or agent in charge of which has allowed any such fee imposed hereunder to become delinquent, and the city may re- cover the amount of any such delinquent fee by due process of law. (Ord. No. 55- 60-5, § 4; Ord. No. 55-64-9, § 1; Ord. No. 55-66-11, § 1; Ord. No. 55-69-12, § 1; Ord. No. 55-74-13, § 1.) Sec. 18-8. Certain wastes not to be removed by city. Trash and debris caused from the operation of lot cleaning or clearing and con- tractors' debris caused from building, rebuilding or otherwise altering of buildings or structures shall be removed by the owner or contractor performing such work. Spent oils or greases accumulated at garages, filling stations or similar establish- ments will not be removed by the city. (Ord. No. 55-60-5, § 4.) Sec. 18-9. Prima facie evidence of production of garbage; duty of city to inspect premises. Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated on such prem- ises. It shall be the duty of the proper representatives of the city to inspect and su- pervise such premises and remove therefrom all' refuse and garbage found thereon, provided the required fees have been paid by such resident or occupant, or to notify the proper persons if such removal is not the duty of the city. (Ord. No. 55-60-5, § 5.) Sec. 18-10. Service to persons outside regular service area. Any person located within the corporate limits of the city, but outside the area defined in section 18-1 as "city, " may, on request and upon payment of the fees set forth in section 18-7, avail themselves of the services of the sanitation department. (Ord. No. 55-60-5, § 6.) 152 Supp. #5, 12-74 § 18-11 Refuse, Garbage and Weeds § 18-11 Article II. Accumulations of Weeds or Trash. 3 Sec. 18-11. Maximum permissible height of weeds. It shall be unlawful for any person who owns, controls or occupies any lot, par- cel of land or premises in the city to allow weeds to grow upon such lot, parcel of land or premises to a height exceeding twelveinches. (Ord. No. 55-59-4, § 1.) 3. For state law authorizing city to require cutting of exces- sive growths of weeds, etc., see Fla. Stats., § 167.05. 152. 1 Supp. #1, 5-70 § 18-12 Refuse, Garbage and Weeds § 18-15 Sec. 18-12. Duty to keep premises clean and free of accu- mulations of trash, weeds, etc. It shall be unlawful for the occupant, or if there is no occupant, then the owner, of any house, store or lot of land to refuse to keep the same clean, or to permit any trash, weeds or any offensive material of any kind to accumulate in or upon such premises. (Ord. No. 55-59-4, § 2.) Sec. 18-13. Notice to clean premises; time for compliance with notice. When, in the opinion of the city manager, the public health is impaired by>the excessive growth of any thickets, weeds, shrubs, brush or other growths, or the ac- cumulation of trash or other material liable to be a source of danger to the public health or safety, on any lot, tract or parcel of land within the city the dity manager shall notify the city commission of the same at any regular meeting, in writing, and if, after due consideration the city commission shall endorse the recommendation of the city manager, they shall by resolution, order the owner of the land or lot, to clean off, remove or destroy such growth or accumulation of trash or other material as aforesaid within a period of fifteen days after receiving notice of such resolution, which may be served personally, or by publication in any newspaper of general cir- culation in the city, if personal service cannot be had in the city. (Ord. No. 55-59-4, § 3.) Sec. 18-14. City may have work done when owner fails to do so; assessment of costs against property; assessment constitutes lien on property. If any property owner shall fail to comply with the conditions of such resolution, the city commission shall have the thickets, weeds, shrubs, brush or trash removed, and assess the cost of such removal against the property, including the cost of publi- cation or service of process, which assessment shall be a lien against the property and shall be collected as other taxes or assessments, (Ord. No. 55-59-4, § 4.) Sec. 18-15. Maximum assessment per year. The amount of cost levied and assessed by the city, under the provisions of this article, against any piece or parcel of land, shall not exceed the sum of one hundred fifty dollars per year upon any lot the size of fifty by one hundred feet. Pieces or parcels of land of a greater or lesser size may be assessed per year not to exceed a sum greater or lesser in the same proportion, according to the size thereof. (Ord. No. 55-59-4, § 5.) 153 Sewers and Sewage Disposal CHAPTER 19. SEWERS AND SEWAGE DISPOSAL. 1 Article I. City Sewer System. § 19-1. When sewer connections required; connections to comply with Plumbing Code; connection permit; right of city to refuse con- nection to industrial property. § 19-2. Sewer service charges. § 19-3. Introduction of certain substances into sewers prohibited; surcharge for industrial wastes. § 19-4. Service to premises outside city; charges for outside -of -city service. § 19-5. Billing for sewer charges; when payable; failure to pay bill when due; water and sewer service to be discontinued for failure to pay bill. § 19-6. Service charge to restore service after discontinuation for failure to pay bill. § 19-7. Free sewer service not to be rendered; exception. § 19-8. Discontinuance of service upon request when occupant absent from premises. § 19-9. Additional rules and regulations. Article II. Sewage Disposal Systems Where City Sewers Not Available. § 19-10. Permit for sewage disposal system --Required; prerequisite to issuance of building permit. § 19-11. Same --Application; plot plan required. § 19-12. Same --Fee. § 19-13. Same --Percolation test required. §. 19-14. Same --Issuance. § 19-15. System to be constructed in accordance with permit; installation not to be covered prior to inspection. § 19-16. Maintenance of system. Article III. Connection Charges. § 19-17. Established for residential and commercial units. § 19-18. Investment in securities; purpose of sewer plant fund. 1. For charter provision authorizing city to furnish public utility services and levy charges for the use of such utility services, see Char. , § 4(8). For state law as to authority of city relative to sewers, see Fla. Stats. , § 167. 01. As to local improvements, see Fla. Stats. , § 170. 01 et seq. As to municipal sewer financing, see Fla, Stats. , § 184. 01 et seq. As to plumbing, see ch. 17 of this Code. As to disposal of waste water from swimming pools, see § 24-7. 155 Supp. #4, 9-72 § 19-1 Sec, Atlantic Beach City Code § 19-2 Article I. City Sewer System. 19-1. When sewer connections required; connections to comply with Plumbing Code; connection per mit; right of city to refuse connection to industrial property. The owner of any building or structure now or hereafter located on a lot or plot abutting an existing sewer line, or a new line constructed in the future as part of the sewer system, shall connect such building or structure to the city sewer system within one hundred eighty days from the date that such sewer system, or that portion thereof available to serve the premises in question, is completed and goes into oper- ation. The owner, tenant, occupant or user of any such building or structure, or _ unit thereof, as the case may be, shall thereafter refrain from using and cease to use any other method for the disposal of sewage or sewage waste. Such connection shall be made in accordance with the Plumbing Code of the city, after a permit has been obtained from the building official. No tap or connection shall be made to the city sewer system without the permission of and under the supervision of the plumb- ing inspector. The city reserves the right, however, not to permit connections of any industrial property where the sewage would contain waste matter that could not be adequately treated at a reasonable cost. (Ord. No. 80-65-8, § 4.) Sec. 19-2. Sewer service charges. The following schedule of charges, per calendar quarter, for sewer service pro- vided or made available by the sewer system of the city is hereby determined to be just and equitable and is hereby adopted and established: (a) Residential users. (1) Single-family residence, $9.00 per quarter. (2) Duplex (two-family) residence, $16.20 per quarter. (3) Each single residence area within a business building, $9. 00 per quar- ter. (4) Apartments (multiple -family), $9.00 for one unit per quarter; $7.20 per unit per quarter for next three units; $5.40 per unit per quarter for all units over four. (5) Motels, $9.00 per quarter for the first unit (operator's quarters or of- fice or both included); $1.80 per quarter for each unit with a kitchen; $. 90 per quar- ter for each rentable room without a kitchen. (6) Mobile home park, $9. 00 per quarter for the first unit (operator's quar- ters or office or both included); $5.40 per quarter for each additional unit (trailer space). 156 Supp. #4, 9-72 § 19-3 (b) Special users. Sewers and Sewage Disposal § 19-4 (a) Churches, $9.00 per quarter. (b) Elementary schools, $72.00 per quarter. (c) All other users. Aquatic club, barbershops, bars, beauty parlors, busi- ness offices, country clubs, filling stations, garages, hotels, industrial plants, kindergartens, restaurants, retail stores and theaters; for each area of a building served by one water meter; a basic charge of $3.00 per quarter, plus additional charges related to metered water usage as follows: Add 100% of water charges to the basic charge of sewer services. (Ord. No. 80-65-8, § 1; Ord. No. 80-71-9, § 1; Ord. No. 80-71-10, § 1.) Sec. 19-3. Introduction of certain substances into sewers prohibited; surcharge for industrial wastes. The introduction of gasoline or other explosive solvents or -light oils, feathers from poultry houses, hair from tanneries and sludge from water -softening and acety- lene generating plants into the sewer system of the city is prohibited. Industrial users which introduce strong wastes (chemicals which impede normal sewage diges- tion and suspended solids in above average sewage content) shall be subject to a sur- charge, based upon analysis by a competent public works engineer, at rates to be specified by the city commission. (Ord. No. 80-65-8, § 2.) Sec. 19-4. Service to premises outside city; charges for outside -of -city service. (a) No sewer connection shall be made to any lot or tract beyond the city limits without approval of the city commission. Such approval will not be given unless city water service is also supplied to such lot or tract. (b) Prospective users residing outside the city shall undertake construction of sanitary sewer lines and manholes (if necessary) adequate to serve the needs of their area, lot or tract, designed so as to connect with the city system at a point on or near the city limits line; all to be in accordance with plans, specifications and fi- nancing procedures acceptable to the city commission. 157 Supp. #3, 2-72 § 19-5 Atlantic Beach City Code § 19-8 (c) Upon connection to the city sewer system, outside -of -city users will be charged the applicable rates specified in section 19-2, increased by fifty percent. Charges shall be billed quarterly, along with water service charges, in the same form and manner as billing of "in -city" users. (Ord. No. 80-65-8, § 3.) Sec. 19-5. Billing for sewer charges; when payable; failure to pay bill when due; water and sewer service to be discontinued for failure to pay bill. Sewer service charges for the use. of the facilities of the city sewer system shall be billed and collected by the city as an added and designated separate item upon the water service bill for the respective quarter or billing period in accordance with the established rates, and such sewer service charges shall be due and payable on the first day of each billing period, which is the time water service charges are due and payable to the city. The user of water service shall be required to pay the sewage service charges at the same time the water service charges are made, and is not permitted to pay the water service charges without the payment of the sewage serv- ice charge. In the event that any sewage service charges remain unpaid thirty days after the due date thereof, the water service or sewer service, or both, to the build- ing or structure or units thereof affected shall be discontinued, and such services to such building or structure or units thereof shall not be restored until such time as all sewage service charges due shall have been paid. One month is the minimum pe- riod for which sewer and water service may be billed. (Ord. No. 80-65-8, § 5.) Sec. 19-6. Service charge to restore service after discon- tinuation for failure to pay bill. A service charge of two dollars shall be made each time water service is re- stored and a reasonable charge each time sewer service is restored after having been discontinued for nonpayment of sewage service charges. (Ord. No. 80-65-8, § 6.) Sec. 19-7. Free sewer service not to be rendered; exception. There shall be no free service rendered by the city sewer system; provided, that units of the city government are not required to pay for such service. (Ord. No. 80-65-8, § 7.) Sec. 19-8. Discontinuance of service upon request when occupant absent from premises. The city manager shall, on request, discontinue sewage service to any user of the city sewer system during any period of absence of such user or to the occupant of the premises served, provided the water service is also discontinued, and restore such service to such user upon such terms and conditions and upon the payment of such charges for discontinuance and restoration and during such period of no serv- ice as he shall determine and which shall be approved by the city commission. (Ord. No. 80-65-8, § 8. ) 158 Supp. #3, 2-72 § 19-9 Sewers and Sewage Disposal § 19--14 Sec. 19-9. Additional rules and regulations. The city commission may, by resolution from time to time, prescribe rules and regulations not inconsistent with this article concerning billing, collection and enforcement of collection of sewage service charges, and rules concerning connec- tions of buildings and structures to the sewage system, including the imposition of reasonable charges in making such connections. (Ord. No. 80-65-8, § 9.) Article II. Sewage Disposal Systems Where City Sewers Not Available. Sec. 19-10. Permit for sewage disposal system --Required; prerequisite to issuance of building permit. No building permit for the construction of any building or structure, outside the area served by the city sanitary sewer system, in which sanitary facilities will be installed or required, shall be issued until a sewage disposal system permit is first obtained. (Ord. No. 55-59-3, § 1.) Sec. 19-11. Same --Application; plot plan required. Any person desiring to construct in the city a sewage disposal system shall make application to the building official of the city for a permit to construct such system. There shall be submitted a plot plan and such other information as may be required by the building official. Such application shall be accompanied by an appli- cation to the county health department for a permit for the construction of such sys- tem on the form provided by such department. (Ord. No. 55-59-3, § 2.) Sec. 19-12. Same --Fee. Every applicant for a pei.mit for the construction of a sewage disposal system shall pay to the city, upon the filing of his application, a fee of five dollars. (Ord. No. 55-59-3, § 7.) Sec, 19-13. Same --Percolation test required. Upon receipt of an application as hereinabove provided for, the building official shall cause to be made a percolation test as prescribed by the county health depart- ment. The results of this test, the application of the health department and recom- mendation of the building official shall be forwarded to the county health department, and the applicant shall be notified of this action and advised to contact the county health department to obtain a permit to construct such sewage disposal system. (Ord. No. 55-59-3, § 3.) Sec. 19-14. Same --Issuance. Upon presentation of a county health department septic tank permit, the building official may then issue a building permit. (Ord. No. 55-59-3, § 4.) 159 Supp. #5, 12-74 § 19-15 Atlantic Beach City Code § 19-17 Sec. 19-15. System to be constructed in accordance with per- mit; installation not to be covered prior to inspection. Every sewage disposal system constructed pursuant to this article shall be con- structed in accordance with the requirements set out on the septic tank permit and such installation shall not be covered with earth until inspected by the building official. (Ord. No. 55-59-3, § 5.) Sec. 19-16. Maintenance of system. Notwithstanding the issuance of any permit for the construction of any disposal system and the approval of the construction thereof by the building official, the owner and the contractor who shall have constructed the same for the owner shall at all times be and remain responsible to the city for the proper functioning of such system, and the owner shall nevertheless at all times maintain the system in accordance with the requirements of this Code and chapter 5 of the Florida State Sanitary Code. (Ord. No. 55-59-3, § 6.) Article III. Connection Charges. Sec. 19-17. Established for residential and commercial, units. The connection charge for the following listed living units and commercial units is hereby established: Residences Single-family Apartments (per living unit) Trailers (per living unit) Mobile homes (per living unit) Commercial Office buildings Grocery stores Retail shops Theatres (based on seating capacity) Restaurants (based on seating capacity) Service stations Beauty parlors, barbershops Coin-operated laundromats Hotels, motels, etc. 160 CONNECTION CHARGE $350. 00 350.00 350.00 350.00 CONNECTION CHARGE $ 18.00 per 100 sq. ft. 20.00 per 100 sq. ft. 180.00 per rest room 1.80 per seat 9.00 per seat 500.00 20.00 per chair 30.00 per single load machine 144.00 per rest room Supp. #5, 12-74 § 19-18 Sewers and Sewage Disposal § 19-18 Any type of occupancy or business not covered by the above charges will be rated by the city commission at the time of application. (Reso. No. 72-14, § 2; Ord. No. 80-74-12, § 1.) Sec. 19-18. Investment in securities; purpose of sewer plant fund. The city treasurer is hereby directed to receive such connection charge and cause same to be invested in interest-bearing securities that are most advanta- geous to the city's interest. Such securities shall be entitled "City of Atlantic Beach, Sewer Plant Fund." The sole purpose of such "Sewer Plant Fund" shall be used for capital improvements to the sewer plant or the retirement of general obligation sewer bonds. (Reso. No. 72-14, § 1.) 160.1 Supp. #5, 12-74 § 20-1 Signs and Advertising Structures § 20-1 CHAPTER 20. SIGNS AND ADVERTISING STRUCTURES. 1 § 20-1. Certain signs exempted from operation of chapter. § 20-2. Signs permitted. § 20-3. Sign permits --Required. § 20-4. Same --Application. § 20-5. Same --Fees. § 20-6. Bond or public liability insurance required for certain signs. § 20-7. Fire and traffic hazards; interference with use of streets and sidewalks. § 20-8. Obstruction of vision at intersections; obstruction of view of traffic signs or signals; confusion with traffic signs or signals. § 20-9. Obscene, etc. , signs prohibited. § 20-10. Maintenance generally; removal of damaged signs. § 20-11. Obstruction of doors, windows and fire escapes. § 20-12. Signs; posters, etc. , prohibited on sidewalks, utility poles, walls, etc. ; exception as to legal notices. § 20-13. Minimum height above sidewalks; maximum projection. § 20-14. Blinker, beacon and spot lights. § 20-15. Signs to be firmly secured. § 20-16. Setback requirements; compliance with Electrical Code; electrical permits required for neon and electric signs. § 20-17. Electrical wiring to be done by licensed electrician. § 20-18. Static electricity. § 20-19. Proximity to electrical conductors. § 20-20. False or misleading advertising. § 20-21. When rear of sign structure to be concealed. § 20-22. Only specified signs permitted. § 20-23. Occupational license required to construct or erect signs. § 20-24. Nonconforming signs. Sec. 20-1. Certain signs exempted from operation of chapter. The following signs are expressly excluded from the operation of this chapter; (a) Decals affixed to or signs painted on store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (b) Signs wholly within a building. (c) Memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into any masonry surface or when constructed of bronze or other incombustible material. 1. As to advisory planning board, see §§ 2-6 to 2-11 ,of this Code. As to license fees for outdoor advertising, see § 10-5. 161 § 20-1 Atlantic Beach City Code § 20-1 (d) Small professional name plates for physicians, surgeons, dentists, musi- cians, lawyers, architects, teachers and other like professional persons placed on the premises occupied by such persons, and not exceeding more than one square foot in area, in all areas except business or industrial zones. (e) Occupational signs denoting only the name and profession of an occupant in a commercial building or public institutional building, placed flat against the exterior surface of the building and not exceeding three square feet in area. (f) Not more than one real estate sign advertising the sale, rental or lease of only the premises on which it is maintained. Such sign shall not be more than four square feet in area and shall conform to required setback lines. (g) Signs noting the architect, engineer or contractor when placed upon work under construction; provided, that such sign shall be removed within fifteen days of comple- tion of construction. Such signs shall not be larger than necessary to display the names of persons or firms performing labor or supplying materials to the premises. (h) Traffic signs, legal notices, danger signs and temporary emergency or non - advertising signs, erected by the city, county, state or federal authorities. (i) "No Trespassing" and "Private Property" signs not exceeding sixty-six square inches in area. (j) "Vacancy" or "No Vacancy" signs not exceeding sixty-six square inches in area. (k) Directional signs of any religious, charitable, fraternal or civic organiza- tions or business establishments operated within the city, having a meeting place, club house or other site within the city for the purpose of indicating the place where such club house, meeting place or site is located in the city. Such directional signs shall not exceed three feet by four feet and not more than ten feet in overall height above ground level. These directional signs shall not exceed four in number for each business or organization and shall be no less than one thousand feet from another di.- rectional sign of the same business or organization. Any directional sign existing on May 13, 1968, shall be allowed to remain until such time as the condition of the sign becomes unsafe, unsightly or in need of major repairs, at which time it shall be re- moved. Structural repairs to existing signs shall not be made without a permit. Before any directional signs can be installed after May 13, 1968, a permit shall be ohtained from the city specifying design, lighting, if any, and location. (1) Bulletin boards not over fifteen square feet in area for public, charitable or religious institutions, when the same are located on the premises of such institutions. (m) Signs announcing the candidacy of a candidate for public office not exceeding four square feet in area. Such signs shall be limited to four locations within the city for each candidate, and written authorization from the property owner for placing any such sign shall be obtained and filed with the city manager by the candidate or his agent. The placing of such signs on public property is expressly prohibited. All per- mitted signs will be removed by the candidate within seventy-two hours after final e e e ion, 162 § 20-2 Signs and Advertising Structures § 20-2 (n) Signs erected at entrances to subdivisions or new developments which con- tain not less than ten houses or lots. Any such signs shall not exceed twenty-four square feet in area. (Ord, No. 60-66-1, § 2; Ord. No. 60-68-2, § 1. ) Sec. 20-2. Signs permitted. (a) Signs displayed or erected which advertise the particular building or prop- erty on which the sign is located, or some merchandise or service dispersed or ren- dered on the same premises on which the sign is located, are permitted, subject to subsection (b) of this section and all other provisions of this chapter. No other bill- board, sign, marquee, canopy or awning sign of any kind, except those signs speci- fically exempted in section 20-1, shall be displayed or erected in the city. (b) The following signs (other than those exempted under section 20-1) are per- mitted in the city, subject to the restrictions set out below: (1) Flat signs. 'A "flat sign" is any sign erected parallel to the face of or on the outside of any building and supported through its length by such wall, or any sign in any way applied flat against a wall. Such signs shall not in any case project, more than twelve inches from the face of the building, nor shall they extend above the adjoining, eave line on a building with a pitched roof. No portion of any such sign which extends over city property shall be less than eight feet above the sidewalk grade of any street or avenue, or fifteen feet above the crown grade where such sign is located parallel to and abutting on an alley. No flat sign shall utilize or occupy an area greater than fifteen percent of the side of the building to which such sign is at- tached. (2) Horizontal projecting signs. A "horizontal projecting sign" is any sign projecting at an angle from the outside wall of any building and which has its greatest dimension in a horizontal plane. Such signs shall not have more than sixty square feet of horizontally projected area, as calculated from any angle. There shall be not over twelve inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. No part of such sign shall extend above the top of the adjoining parapet wall on a building with a flat roof or above the adjoining eave line on a building with a pitched roof. No part of any such sign shall be closer than eight feet to any sidewalk or pedestrian walk- way, nor closer than twelve feet to any street, alley or highway where vehicular traf- fic may move. All such signs shall be anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. (3) Vertical projecting signs. A "vertical projecting sign" is any sign pro- jecting at an angle from the outside wall of any building and which has a vertical dimension equal to or exceeding the horizontal dimension. Such signs shall not have more than ninety square feet of horizontally projected area, as calculated from any angle; and shall not project more than four feet from the building to which they are attached, nor shall the vertical height of such sign exceed eighteen feet. No part of any such sign shall extend more than six feet above the top of the adjoining parapet 163 § 20-3 Atlantic Beach City Code § 20-3 wall or a building with a flat roof, no more than six feet above the adjoining eave line on a building with a pitched roof. All such signs shall be anchored to the wall and shall not be connected to or suspended from the roof of any building. (4) Roof signs. A "roof sign" is any sign erected completely over the roof of any building. Such signs shall have not more than one hundred eighty square feet of horizontally projected area, as calculated from any angle. The overall height above the roof shall not exceed fourteen feet. Any such sign shall have a clear space immediately above the roof of not less than seventy-five percent of its length. Roof signs shall be placed so that the least distance from any building line measured per- pendicular to the face of the sign shall not be less than the total height above the roof. No roof sign shall extend horizontally past the building lines of the roof. (5) Pole signs. A "pole sign" is any sign erected on one or more poles and which is wholly or partially independent of any building for support. Such signs shall have not more than one hundred eighty square feet of horizontally projected area, as calculated from any angle, and shall be limited to one square foot of area for each lineal foot of frontage of the lot on which such eigns are placed. The height of any self-supporting sign shall, not exceed thirty-five feet. One such pole sign shall be al- lowed on the street side of each lot; provided, that where a lot faces on more than one street, then one such sign shall be permitted on each street side of such lot. Where a pole sign is located on property used as a shopping center, such pole sign shall be limited in area to one square foot of area for each lineal foot of frontage of the lots or parcel of land upon which such shopping center is located and on which such pole signs are placed; provided, that no pole sign for such shopping center shall exceed three hundred square feet of horizontally projected area, as calculated from any angle. For the purposes of this chapter, a shopping center is defined as a group of stores or businesses, two or more in number, which are housed in one or more buildings which are set back from the street or highway on which such building or buildings shall have their maximum frontage a distance of not less than one hundred feet, and on which setback area motor vehicle parking is permitted for customers of the business carried on on such premises. (6) Marquee or awning signs. A "marquee or awning sign" is any sign placed flat along and on the edge of a marquee or an awning. Such signs shall have a mini- mum clearance of eight feet above any area where pedestrians may walk, and such signs shall not extend below the bottom edge of the marquee or awning. (Ord. No. 60-66-1, § 3. ) Sec. 20-3. Sign permits --Required. It shall be unlawful for any person to install, alter or relocate any sign, mar- quee, canopy, awning or other advertising structure permitted under section 20-2 without first obtaining a permit from the city manager and making payment to the city clerk of the required fee. All illuminated signs shall, in addition, be subject. to the provisions of the city Electrical Code and any permit fees required thereunder. (Ord. No. 60-66-1, § 4.) 164 § 20-4 Signs and Advertising Structures § 20-4 Sec. 20-4. Same --Application. Application for sign permits shall be made upon blanks provided by the city man- ager, and shall contain or have attached thereto the following information: (a) The name, address and telephone number of the applicant. (b) Whether the applicant is the owner or lessee, and if the latter, show au- thority'froh the owner. (c) The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. (d) A plot plan showing the position of the sign or other advertising_structure in relation to nearby buildings or structures. . (e) A blueprint or ink drawing of the plans and specifications and method of con- struction and attachment to the building or in the ground. (f) The name of the person erecting the structure. (g) Any electrical permit required and issued for such sign. (h) Register8d engineer's drawings must be submitted with applications for roof signs over fifty, square feet in area, and for any sign the top of which is more than seventeen feet above the ground or weighing more than one thousand pounds, or any solid sign of'area more than thirty square feet, showing that such sign will be erect- ed to withstand a wind pressure of at least thirty-five pounds per square foot and that the weight of such sign will be amply supported by the roof of thebuilding or the ground support on which it is to be erected. (1) Such other information as the city manager shall require to show full com- pliance with this chapter and all other laws and ordinances of the city. (j) When a permit is issued for the erection or maintenance of any sign which is to be located on the right of way of any state highway in the city, it shall be under- stood that such permit does not waive any requirements of state law or rules and regulations of the state road department with reference to maintaining signs within any state highway right of way. (k) Sign area shall be computed as the smallest square rectangle, triangle, circle or combination thereof which will encompass the entire advertising area ex- cluding architectural trim and structural supports. When computing sign area,. only one side of a sign containing two faces shall be computed. (Ord. No. 60-68-2, § § 2, 3.) 165 § 20-5 Atlantic Beach City Code § 20-6 Sec. 20-5. Same --Fees. Fees to be paid for sign permits shall be as follows; (a) Neon and electric signs: 15 square feet or fraction thereof Over 15 square feet to 30 square feet Over 30 square feet to 45 square feet Over 45 square feet to 60 square feet Over 60 square feet Vertical signs with ladder $ 3. 00 4, 50 6. 00 10. 00 15. 00 25.00 (b) Nonelectric detachable signs and pole and self-supporting signs: First 6 square feet or fraction thereof Over 6 square feet to 12 square feet, inclusive Over 12 square feet to 20 square feet, inclusive Each additional square foot or fraction per square foot (c) Marquee or awnings: Per lineal foot Minimum fee $ 1. 00 2. 00 3. 00 . 10 $ .20 3. 00 (d) Neon display and outline lighting, including transformers: Up to and including 3 transformers Each additional transformer (e) Painted wall signs on buildings: Up to and including 100 square feet Each additional 100 square feet, or fraction thereof (Ord. No. 60-66-1, § 4. ) $ 3. 00 1. 00 $ 1.50 1.50 Sec. 20-6. Bond or public liability insurance required for certain signs. (a) Bond. The owner or person in control of any sign whatsoever, suspended over or extending into any public right of way more than one foot beyond the property line, and the owner of any sign described in section 20-4, shall execute a bond in the sum of ten thousand dollars, with sureties approved by the city manager, indemni- fying the city against all loss, cost, damage or expenses incurred or sustained by, or judgments recovered against, the city, or by any of its officers, employees, ap- pointees or servants, by reason of the construction or methods of any signs whatso- ever. and also conditioned to indemnify any person for any injury sustained by reason of such construction or maintenance. 166 § 20-7 Signs and Advertising Structures § 20-12 (b) Insurance. In lieu of the bond required in subsection (a) of this section, there may be substituted therefor public liability and property damage insurance by any insurance company authorized to do business in this state in the same amounts and with the same conditions as required by subsection (a) of this section. (Ord. No. 60-66-1, § 6.) Sec. 20-7. Fire and traffic hazards; interference with use of streets and sidewalks. No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks. (Ord. No. 60- 66-1, § 4.) Sec. 20-8. Obstruction of vision at intersections; obstruc- tion of view of traffic signs or 'signals; con-_ • fusion with traffic signs or signals. No sign or other advertising structure permitted by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic, sign, signal or device, or which makes use of any word or words commonly used on traffic -control signs or signals. (Ord. No. 60-66-1, § 4. ) Sec. 20-9. Obscene, etc. , signs prohibited. No sign shall display any statement, word or character or illustration of any obscene, indecent or immoral nature. (Ord. No. 60-66-1, § 4. ) Sec. 20-10. Maintenance, generally; removal of damaged signs. All signs shall be kept in good condition, neat appearance and good state of re- pair. Any sign at least twenty-five percent destroyed shall be immediately removed at the owner's expense and a new permit secured before the sign is replaced. If not repaired within thirty days after written notice from the city manager, .the sign shall constitute a public nuisance and shall be removed. (Ord. No. 60-66-1, § 4.) Sec. 20-11, Obstruction of doors, windows and fire escapes. No sign shall be attached to or placed against a building in such a manner as to ' prevent ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (Ord. No. 60-66-1, § 4. ) Sec. 20-12. Signs, posters, etc. , prohibited on sidewalks, utility poles, walls, etc. ; .exception as to legal notices. No person shall paint, paste, print, nail or fasten, in any manner whatsoever, 167 § 20-13 Atlantic Beach City Code § 20-17 any banner, sign, paper or any advertisement or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, pavement or any other por- tion or part of any sidewalk or street or upon any tree, lamppost, private wall, win- dow, door, gate, fence, telephone or telegraph pole, hydrant, workshop or tool shed or upon any structure within the limits of any streets within the city, unless other- wise permitted under this chapter. Legal notices required by law to be so posted are hereby excepted. (Ord. No. 60-66-1, § 4. ) Sec. 20-13. Minimum height above sidewalks; maximum projection. No sign of any kind shall be permitted to extend into or above or be anchored or placed in any portion of the right of way of a city street or public sidewalk (except official city, state and county signs) unless such signs be permanently attached to -an existing building and be located more than eight feet above the sidewalks or finished grade, and extend not more than eight feet in a horizontal direction from the building to which attached, and in no case closer than one foot to the curb line. (Ord. No. 60-66-1, § 4.) Sec. 20-14. Blinker, beacon and spot lights. The use of flashing, revolving or blinker -type outdoor lights of any type, within one hundred fifty feet of any right of way conducting vehicular traffic within the city, is prohibited. No spot, beacon or flood light shall be permitted except where such beacon, spot or flood light is nonrevolving and in a fixed position, and shines only on the owner's premises and away from any street or roadway. All police vehicles, am- bulances and other official safety vehicles are exempt from the provisions of this sec- tion. (Ord. No. 60-66-1, § 4. ) Sec. 20-15. Signs to be firmly secured. All signs permitted to be erected under this chapter shall be firmly secured to the ground or structure upon which the same are placed. (Ord. No. 60-66-1, § 4. ) Sec. 20-16. Setback requirements; compliance with Electrical Code; electrical permits required for neon and electric signs. All advertising signs shall meet all setback requirements of the City Building Code or chapter 28 of this Code. All neon and electric signs shall meet the provi- sions of the Electrical Code of the city and have an electric permit for construction. (Ord. No. 60-66-1, § 4. ) Sec. 20-17. Electrical wiring to be done by licensed elec- trician. All electrical wiring, electrical connections and electrical appurtenances per- taining to the installation and maintenance of neon lighting and electric signs of all types shall be installed by an electrician licensed by the city. (Ord. No. 60-66-1, §4.) 168 § 20-18 Signs and Advertising Structures § 20-23 Sec. 20-18. Static electricity. No sign shall be constructed or maintained of which all or any part causes static electricity or otherwise interferes with radio or television reception. (Ord. No. 60- 66-1, § 4.) Sec. 20-19. Proximity to electrical conductors. No sign shall be erected closer than five feet to any overhead electrical conduc- tor, where the difference in potential between any two conductors or between one con- ductor and ground exceed four hundred eighty volts. (Ord. No. 60-66-1, § 4.) Sec. 20-20. False .or misleading advertising. 2 It shall be unlawful for any person to display untrue, false or misleading state- ments upon signs, billboards or other public places, calculated to mislead the pub- lic as to anything sold, any services to be performed or information disseminated. The fact that any such sign or display shall contain words or language sufficient to mislead an ordinary person in reading same shall be prima facie evidence of a'vio- lation of this section by persons displaying such signs or permitting the same to be displayed at their residence, establishment or place of business. (Ord. No. 60-66- 1, § 4.) Sec. 20-21. When rear of sign structure to be concealed. Where the rear of any sign structure is visible from any street or from any ad- joining residential district in the city, all exposed structural members of any such sign shall be concealed by painting, latticework oras otherwise agreed to with the city manager. (Ord. No. 60-66-1, § 4. ) Sec. 20-22. Only specified signs permitted. All signs and banners not specifically provided for in this chapter shall not be permitted within the city. (Ord. No. 60-66-1, § 4.) Sec. 20-23. Occupational license required to construct or erect signs. No person who is engaged in the sign business shall construct or erect any sign within the city without first having obtained an occupational license for such occupa- tion. This section shall not apply to those employed by a person or firm who is li- censed in the city forsuch business. (Ord. No. 60-66-1, § 7. ) 2. For state law as to misleading advertisements, see Fla. Stats. § 817. 06. 169 § 20-24 Atlantic Beach City Code § 20-24 Sec. 20-24. Nonconforming signs. All signs and billboards for which permits were issued by the city which are made nonconforming by the enactment of this chapter may remain nonconforming until such time as their condition requires replacement, relocation or material re- pair thereto, whereupon such signs shall then be made to conform with the provisions of this chapter. (Ord. No. 60-66-1, § 8; Ord. No. 60-68-3, § 1. ) 170 § 21-1 Solicitors § 21-3 CHAPTER 21. SOLICITORS. 1 § 21-1. "Solicitor" defined. § 21-2. Registration and fingerprinting required. § 21-3. Fees. § 21-4. Issuance of permit. § 21-5. Revocation of permits. § 21-6. Prohibited acts. § 21-7. Exceptions. Sec. 21-1. "Solicitor" defined. The term "solicitor" means a person who goes from door to doorovisiting multi- family or single-family dwellings for the following purposes: (a) To sell any goods, wares or merchandise or accept subscriptions or orders therefor. (b) To accept or request donations for any charitable purpose. Sec. 21-2. Registration and fingerprinting required. All persons, before entering into or upon a residential premises within the city for the purpose of soliciting, shall register with the city clerk and furnish him with the following: (a) The name, local and permanent addresses, age, race, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant. (b) The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale. (c) The name and address of the employer or organization represented. (d) A statement as to whether the applicant has been convicted of any felony or misdemeanor, and if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor. (e) A complete set of fingerprints taken by the chief of police. Sec. 21-3. Fees. A fee of five dollars to cover the cost of investigation of the applicant and pro- cessing of the application shall be paid to the city clerk when the application is filed, and shall not be returnable under any circumstances. 1. For state law as to solicitation of funds for charitable organizations, see Fla. Stats. , §§ 496. 06, 496. 11. 171 § 21-4 Atlantic Beach City Code § 21-7 Sec. 21-4. Issuance of permit, Upon furnishing the information and fingerprints required under section 21-2, the applicant shall be issued a permit, unless the information furnished in compli- ance with this chapter shows that the applicant has been convicted of a crime involv- ing moral turpitude. A permit issued under this chapter shall be good for one year from the date of issuance, unless earlier revoked as provided in this chapter. Every solicitor shall carry his permit with him at all times while engaged in soliciting, and shall display the same to any person who shall demand to see the same while he is so engaged. Sec. 21-5. Revocation of permits. The city clerk or his designated agent shall revoke any permit issued under this chapter if he finds that the permittee has given false information or has knowingly withheld information in obtaining the same or upon violation of any portion of this chapter. Sec. 21-6. Prohibited acts. No person shall: (a) Enter into or upon residential premises in the city under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares or merchandise. (b) Remain in or on any residential premises after the owner or occupant has requested any such person to leave. (c) Enter upon any residential premises for soliciting, when the owner or occu- pant has displayed a "No Soliciting" or "No Peddlers" sign on such premises. (d) Engage in the practice of soliciting in the city without a permit as provided for in this chapter. Sec. 21-7. Exceptions. The provisions of this chapter shall not apply to: (a) Any person who visits any residence or apartment at the request or invita- tion of the owner or occupant thereof. (b) Unpaid members of any civic or charitable organization who are registered as such with the city clerk and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented. 172 § 21-7 Solicitors § 21-7 (c) Newsboys ,soliciting subscriptions to any newspaper for home delivery with- in the city. (d) Route deliverymen who make deliveries at least once a week to regular cus- tomers and whose solicitation is only incidental to their regular deliveries. (e) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state. 173 § 22-1 § 22-1. § 22-2. § 22-3. § 22-4. Streets and Sidewalks § 22-2 CHAPTER 22. STREETS AND SIDEWALKS. 1 Obstructing streets and sidewalks. Permit required for parades and processions. Depositing of glass, nails, mud, etc. , on streets prohibited. Digging up streets prohibited; exception as to public utilities; permit required of public utilities. Sec. 22-1. Obstructing streets and sidewalks. No person shall obstruct the free passage of persons or vehicles over any street, sidewalk or other public way by any means whatsoever, except pursuant -to a permit issued by the city manager, and only in accordance with the terms of such permit and any conditions attached thereto. Sec. 22-2. Permit required for parades and processions. No procession or parade, except the United States armed services, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this Code which may apply. The chief of police shall issue such permit only after the approval for such issuance is given by the city manager, following a recommendation for the issuance of such permit to the city manager by the chief of police. 1. For charter provision authorizing city to construct and maintain streets, alleys, sidewalks, etc. , and regulate and control the use thereof, see Char. , § 4(15). For state law as to powers of city over streets, sidewalks, etc. , see Fla. Stats. , H § 167. 01, 167. 02, 167. 09, 167. - 21, 167. 25. As to use of municipal rights of way by utility companies, see Fla. Stats. , §§ 338. 17 to 338. 20, 362. 01, 362.02. As to numbering of buildings, see H 6-12 to 6-17 of this Code. As to motor vehicles and traffic generally, see ch. 11. As to damaged sidewalks as nuisances, see § 13-1. As to loitering in, obstructing, etc. , streets and public places, see § 14-7. As to prohibition against signs which interfere with use of streets and sidewalks, see § 20-7. As to signs which obstruct vision at inter- sections, see § 20-8. As to prohibition against signs on sidewalks, see § 20-12. As to minimum height of signs above sidewalks, see § 20-13. 175 § 22-3 Atlantic Beach City Code § 22-4 Sec. 22-3. Depositing of glass, nails, mud, etc. , on streets prohibited. No person shall throw or deposit or cause to be deposited upon any street any glass bottle, glass, nail, tack, wire, can or any other substance likely to injure any person or animal or damage any vehicle upon such street, nor shall any person throw or deposit or cause to be deposited upon any street any soil, sand, mud, gravel or other substances so as to create a hazard to the traveling public. Any person who drops, or permits to be dropped of thrown, upon any street, any destructive, hazard- ous or injurious material, shall immediately remove the same or cause it to be re- moved. Any person removing a wrecked or damaged vehicle from a street shall re- move any glass or other injurious substance dropped upon the street from such ve- hicle. Sec. 22-4, Digging up streets prohibited; exception as to public utilities; permit required of public utilities. No person shall dig into, remove, tear up, deface or damage in any manner whatsoever, except for purposes of city authorized repair, either the surfacing or shoulders on or of any street, avenue, way, driveway, roadway or pathway on any public property of and in the city, or on any property over or upon which the city may now or hereafter be possessed of any easement for any type of public transpor- tation, travel or service; provided, that this section shall not be construed to apply to any public utility (such as electric, gas, water, etc. ,) system which may desire to lay, remove, repair or replace pipes, wiring, or cables, place poles, conduits or meters or install any other necessary equipment requisite to the proper and efficient use of such public utility. A public utility desiring to do any such work shall first procure from the city manager a permit for such operations. (Ord. No. 39, § 1. ) 176 § 23-1 Subdivision of Land § 23-1 CHAPTER 23. SUBDIVISION OF LAND. 1 § 23-1. Definitions. § 23-2. Purpose of chapter. § 23-3. Preliminary plats. § 23-4. Final plats. § 23-5. Standards of design. § 23-6. Minimum required street and drainage improvements. § 23-7. Acceptance of streets and drainage. § 23-8. Required water and sewer facilities. § 23-9. Variations and exceptions. § 23-10. Compliance with chapter. § 23-11. Form of application for plat approval and, agreement as to streets. Sec. 23-1. Definitions. For the purposes of this chapter, the followingwords and phrases shall have the meanings respectively ascribed to them by this section: Plat. . A map drawing or chart on which the subdivider's plan of the subdivision is presented and which he submits for approval and intends in final form to record. Subdivision. All divisions of a tract, parcel or lot into two or more lots. Such term also includes any other divisions of land involving the dedication of a new street or other public way or a change in existing streets, alleys, easements for water, sewer or other public improvements; provided, that the following four exceptions shall not be included: (1) The public acquisition of strips of land for the widening of existing streets. (2) The combination or recombination of portions of previously platted lots where no new parcels or residual parcels smaller than any of the original lots are created. (3) The division of land into parcels greater than one and one-fourth acres where no new streets or easements of access are planned. (4) The transference of part of one lot or tract to an adjacent lot or tract; provided, that such transference shall not reduce any lot or tract to an area or width less than the minimum specified in this chapter. (Ord. No. 67-58-1, § 2. ) 1. For state law as to maps and plats, see Fla. Stats. , § 177. 01 et seq. As to requirement that taxes be paid on land prior to filing of subdivision plat, see Fla. Stats. , § 192.56. As to advisory planning board, see §§ 2-6 to 2-11 of this Code. As to zoning, see ch. 28. 177 § 23-2 Atlantic Beach City Code § 23-4 Sec. 23-2. Purpose of chapter. The procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, adopted and prescribed by this chapter are hereby found by the city commission to be necessary and appropriate in order to pro- vide for economical and sufficient streets with adequate widths and with proper align- ment and grades designed to promote the public safety, health and general welfare, to provide for suitable residential neighborhoods with adequate streets and utilities and appropriate building sites, to save unnecessary expenditure of public funds by initial proper construction of streets and utilities and to provide proper land records for the convenience of the public and for better identification and permanent location of real estate boundaries. (Ord. No. 67-58-1, § 1.) Sec. 23-3. Preliminary plats. Three copies of a preliminary plat based on the design data in section 23-5 shall be submitted to the city commission for approval. The preliminary plat shall show: (a) The location of present property and section lines, streets, buildings, lakes and watercourses. (b) Any existing sanitary and storm sewers, water mains and culverts within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat. (c) The proposed location and width of streets, alleys, lots, building and setback lines and easements, (d) The title under which the proposed subdivision is to be recorded and the name of the subdivider causing the tract to be platted and the name of both his surveyor and engineer, if any. (e) North point, scale and date. (f) The contours of the land, based on the mean sea level elevation, and written statements regarding preliminary plans and profiles showing the grades of proposed streets, the facilities for storm water drainage and any other proposed improvements within the subdivision. (Ord. No. 67-58-1, § 3. ) Sec. 23-4. Final plats. A final plat, prepared in accordance with the approved preliminary plat and with chapter 177 of the Florida Statutes and proper agreement regarding street improve- ments and utility construction, shall be approved by the city commission. (The clerk of the circuit court of Duval County will not record any instrument showing a subdi- vision of land inside the city that does not bear the approval of the city commission. ) (Ord. No. 67-58-1, § 3. ) 178 § 23-5 Subdivision of Land § 23-5 Sec. 23-5. Standards of design. The design and lay -out of all subdivisions shall conform with the following re- quirements: (a) Relation to adjoining street system. The arrangement of streets in new sub- divisions shall make provision for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be projected on the master plan for the city or deemed necessary by the city commission for public requirements. The width of such streets in new subdivisions shall not be less than the minimum widths established in this chapter. The street and alley arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Off -set streets shall be avoided. Any intersection of streets having an interior angle of less than ninety degrees shall have an easement radius'. Streets obviously in alignment with existing streets shall bear the names of the existing streets. All proposed street names shall be checked against existing street names to eliminate duplication. (b) Street and alley width. (1) As a minimum requirement or streets and alleys, the plat shall dedicate the following widths: a. Arterial streets, forty feet on each side of the centerline. b. Collector streets, thirty feet on each side of the centerline. c. Minor streets, thirty feet on each side of the centerline. d. Alleys, ten feet on each side of the centerline. In the event that the city commission finds that traffic conditions and trans- portation requirements so demand, a greater width may be required. (2) Hall streets shall not be platted, except to complete an existing half street. (3) Alleys are not recommendedin single and two-family residential districts; and when provided, a minimum width of twenty feet shall be required. Alleys are "re- quired in the rear of all business lots and shall be at least twenty feet wide. A five foot cut-off shall be made at all acute angle alley intersections. (c) Easements. Where poles, wires, conduits, stoma or sanitary sewers, gas, water or other mains are proposed to be placed in the interior of blocks along lot lines, easements of at least ten feet in width on each side of such lot lines shall be provided, shown on plat and dedicated. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or -other utili- ties or where both water and sewer lines are located in the same easement. 179 § 23-6 (d) Blocks. Atlantic Beach City Code § 23-6 (1) No block shall be longer than twelve hundred feet. (2) There may be established one or more courts, dead-end streets or other arrangements; provided, that proper access shall be given to all lots from a dedicated street or court. A dead-end street shall terminate in a cul-de-sac having a minimum radius of fifty feet. A dead-end street shall not exceed one thousand feet in length. (e) Lots. (1) The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the char- acter of surrounding development. (2) All side lines of lots shall be at right angles to straight street lines and radial to curved street lines. Lots running from street to street shall not be permit- ted. (3) No lot shall have a width of less than seventy-five feet at the building line, nor shall it contain less than seven thousand five hundred square feet. (4) The corner lots shall have extra width sufficient to permit the establish- ment of front building lines on both the front and side of the lots adjoining the streets. (f) Building lines. The subdivider shall establish building lines in accordance with the needs of each development, but in no case shall such building lines be less than twenty-five feet from the right of way of the street or highway upon which resi- dential lots front. Such building lines shall be shown on the plat. (g) Parks, schoolsites, etc. In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds and other common area for public use so as to conform to any recommendations of the currently effective city plan. Such areas shall be indicated on the preliminary plan. (h) Easements along streams or canals. Whenever any stream or important surface drainage course is located in an area which is being subdivided, the sub- divider shall dedicate an adequate easement along each. side of the stream or thru lakes or lagoons for the purpose of widening, deepening, sloping, improving or pro- tecting the stream for drainage, parkway or recreational use. (Ord. No. 67-58-1, § 3.) Sec. 23-6. Minimum required street and drainage improve- ments. (a) Street improvements. (1) The minimum width of paving shall be twenty-three feet plus curbs; 180 § 23-7 Subdivision of Land § 23-7 except, that when a divided street is constructed, the minimum width of each lane shall be sixteen feet plus curbs. Greater widths may be required wherever the city commission deems it necessary. (2) Valley gutters or retaining curbs shall be constructed on both sides of all paving. The surface drainage plan shall determine the type of curb used. (3) Pavement shall be constructed with a six inch limerock stabilized base (300 pounds per square yard) and a one inch asphaltic concrete surface course as out- lined in current state road department specifications. (4) Tests of pavement shall be made by a reasonable recognized commercial laboratory as directed by the city commission. (b) Drainage. (1) An overall drainage plan shall be prepared and submitted to the city com- mission for approval. All necessary facilities either underground pipe, canals or drainage ditches shall be installed to provide adequate disposal of surface water and to maintain any natural watercourses. (2) Culverts shall be of such size to provide adequate drainage opening, and sufficient length to extend eight feet on each side beyond the edge of pavement of the road. Culverts shall be fully coated C. M. P. , concrete pipe or built -in-place concrete box culverts. (3) Vehicle bridges shall have a minimum width of twenty-four feet and shall be designed according to Standard Specifications for Highway Bridges of The American Association of State Highway Officials, 1953 edition, using at least an H-15 loading. All bridges shall be of permanent construction. (4) Open drainage ditches shall be provided with easements or rights of way of sufficient width and be constructed in such manner as to facilitate economical fu- ture public maintenance. Thebottom width and grade shall be designed to adequately drain the area affected. Slope angles of side banks shall be designed to minimize and prevent excessive erosion. In cases where fixed bottom grades and side bank slope angles must be maintained against anticipated conditions of unusually heavy erosion and resulting excessive public maintainance cost, the ditch bottom or side bank slopes, or both, shall be paved with concrete if economically justified in accordance with the circumstances pertaining to each such case. (Ord. No, 67-58-1, § 4; Ord; No. 67- 62-4, § 1; Ord. No. 67-69-5, § 1.) Sec. 23-7. Acceptance of streets and drainage. When the city commission finds and determines all required street and drainage work has been entirely completed according to the approved plans, profiles and spec- ifications, the city commission shall accept such streets and drainage facilities for city maintenance. (Ord. No. 67-58-1, § 5: ) 181 § 23-8 Atlantic Beach City Code § 23-9 Sec. 23-8. Required water and sewer facilities. (a) An adequate water distribution system shall be provided by the developer. Each lot within the subdivision shall be provided with a water connection at the prop- erty line. Fire hydrants shall be installed to adequately cover the subdivision. Fi- nancial arrangements for constructing the same shall be negotiated between the city commission and the developer. (b) Plans and specifications for each water system shall be approved by the city commission and the state board of health. (c) When the city commission finds and determines that all work has been com- pleted in accordance with plans and specifications, the city commission shall accept such water distribution system for maintenance and operation. - (d) An adequate gravity sanitary sewer system shall be installed by the developer, each lot within the subdivision shall be provided with a sewer connection at the prop- erty line. If sewage lift stations and force mains are required to connect the gravity system to the city sewage disposal plant, financial arrangements for constructing the same shall be negotiated between the city commission and the developer. (e) Plans and specifications for each sewer system shall be approved by the city commission and the state board of health. (f) When the city commission finds and determines that all work has been com- pleted according to the approved plans, profiles and specifications, the city commis- sion shall accept the sewer system for city maintenance and operation. (g) In areas where it is impractical to connect to the city sewer system, pro- vision shall be made to provide suitable sewage disposal facilities approved by the state board of health. (h) When a subdivision development located outside the city proposes to connect with the city water or sewer system, such development shall comply with this sec- tion. (Ord. No. 67-58-1, § 6. ) Sec. 23-9. Variations and exceptions. Whenever the tract to be subdivided is of such unusual size or shape or if sur- rounded by such development or unusual conditions that the strict application of the requirements contained in this chapter would result in real difficulties or substantial hardship or injustice, the city commission may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this chapter preserved. (Ord. No. 67-58-1, § 7.) 182 § 23-10 Subdivision of Land § 23-11 Sec. 23-10. Compliance with chapter. The city commission shall not permit any public improvements over which it has any control to be made or any public money expended for improvements in any area that has been subdivided or upon any street that has been platted after September 8, 1958, unless such subdivision or street has been approved in accordance with the pro- visions contained in this chapter. (Ord. No. 67-58-1, § 8.) Sec. 23-11. Form of application for plat approval and agreement as to streets. The following form shall be used to make application for approval of a plat pur- suant to this chapter: APPLICATION FOR APPROVAL OF PLAT • AND AGREEMENT RELATING TO THE CONSTRUCTION AND IMPROVEMENT OF STREETS Name of Subdivision Date Owner Address: The undersigned, the above named owner , and the developer of the lands described and shown on the plat of the above named subdivision, hereby make ap- plication to the City Commission of the City of Atlantic Beach, Florida, for the ap- proval of a plat of the subdivision, the name of which is designated above, and as a consideration for the acceptance and approval of said plat, do hereby represent, stip- ulate and agree with the City of Atlantic Beach, Florida, as follows: 1. That there are no delinquent taxes encumbering the lands shown on said plat. 2. That the fee simple title of said lands described and shown on said plat is vested in said owner . 3. That all streets and roads dedicated by said plat, when improved, graded and paved, shall be improved, graded and paved, in accordance with plans and spec- ifications to be approved by said City Commission. And, with respect to those cer- tain roads or streets shown on said plat, namely: 183 § 23-11 Atlantic Beach City Code § 23-11 the same will be improved, graded and paved, and properly drained, in conformity with the plans and specifications which the said city commission shall have approved. That: the grading and paving of the aforesaid roads or streets and drainage work shall commence and proceed with dispatch and shall be completed within a reasonable time from the date of said agreement and not later than months from the date here- of. 4. That in the event the undersigned shall fail or omit to do and perform the work herein agreed to be done, and within the time stipulated, with respect to the grading and paving of said streets, and provide the necessary drainage work as spec- ified, then in that event, the undersigned hereby specifically agree that no request or application will be made to said City Commission for the acceptance of said street or streets for maintenance by said City. Further, the owner and developer stipulate and agree that no representation, express or implied, will be made by the undersigned, its agents, representatives or employees, to any purchaser of any of the lots or plots in said subdivision to the effect that said City will provide the nec- essary grading, paving and drainage of said streets shown on said plat of said subdi- vision offered for approval; and that no representation will be made to any purchaser of any of said lots or plots to the effect that said City will accept the said streets for maintenance prior to formal acceptance of the same by the City. Upon the approval of the plat referred to by said City Commission, and upon the execution of this agreement by the owner or subdivider , the same shall consti- tute a contract between the parties. IN WITNESS WHEREOF, the owner ha caused these presents to be exe- cuted the day and year first above written. Signed, sealed and delivered in the presence of: (Ord. No. 67-58-1. ) (a corporation) By Its Attest: Its Secretary President (SEAL) (Use this line if owner is an individual) 184 § 24-1 § 24-1. § 24-2. § 24-3. § 24-4. § 24-5. § 24-6. § 24-7. Swimming Pools § 24-4 CHAPTER 24. SWIMMING POOLS. 1 Fencing requirements for family pools. Water surface of family pool deemed accessory building. Setback of pools from property lines and building foundations. Enclosed or roofed pools to comply with Building Code and zoning regulations. Compliance with plumbing regulations; plumbing permit required. Water supply. Disposal of waste water. Sec. 24-1. Fencing requirements for family pools. 2 Family pools shall be provided with a fence enclosure at least four feet high, with the necessary gates and locks so that the pool will be accessible only upon the owner's invitation. (Ord. No. 68-69-1, § 1.) Sec. 24-2. Water surface of family pool deemed accessory building. The water surface area of a family pool, combined with the total area of all other accessory buildings or accessory structures on the lot, shall conform with ac- cessory building requirements in chapter 28 of this Code. (Ord. No. 68-69-1, § 1. ) Sec. 24-3. Setback of pools from property lines and build- ing foundations, Pool walls shall be a distance from property lines and building foundations of not less than the depth of excavation below natural grade, but in no case shall any pool, retaining wall, berm or other part of a pool be nearer than three feet from a property line. (Ord. No. 68-69-1, § 1, ) Sec. 24-4. Enclosed or roofed pools to comply with Building Code and zoning regulations. Where an enclosure or roof is provided over a pool, it shall comply with the Building Code and accessory building requirements of chapter 28 of this Code. (Ord. No: 68-69-1, § 1.) 1. For state law regulating public swimming or bathing places, see Fla. Stats. , § 514.01 et seq. As to plumbing, see ch. 17 of this Code. As to water supply, see ch. 27. 2. For state law authorizing city to require fencing of swim- ming pools, see Fla. Stats. , § 167.101. 185 § 24-5 Atlantic Beach City Code § 24-7 Sec. 24-5. Compliance with plumbing regulations; plumbing permit required.3 All plumbing connected with a swimming pool shall conform to city plumbing regulations and shall require a plumbing permit. (Ord. No. 68-69-1, § 2. ) Sec. 24-6. Water supply. The water supply for swimming pools shall be only by means of a fixed gap sup- ply with no direct connection between the pool and any source of water supply. (Ord. No. 68-69-1, § 3.) Sec. 24-7. Disposal of waste water. An approved method of disposing of backwash water and for emptying the pool shall be provided as follows: (a) Where a city storm sewer is available, waste water shall be disposed of to an approved storm sewer connection. If such storm sewer connection is not avail- able, a connection shall be made to the city sanitary sewer, if approved by the build- ing inspector. On all connections to storm or sanitary sewers, an approved type catch basin shall be provided on the owner's property to intercept sand or diatoma- ceous earth or other matter. (b) Where sewer connections are not available, other means of disposal, such as lawn sprinkling or open ditch discharge, may be approved by the building inspector. When open ditch drainage is provided, it. shall be the pool owner's responsibility to provide new means of disposal whenever the ditch is closed by the city. (Ord. No. 68-69-1, § 4.) 3. As to plumbing generally, see ch. 17 of this Code. 186 Taxicabs CHAPTER 25. TAXICABS. 1 (Reserved for Future Legislation) 1. As to license fees for taxicabs, see § 10-5 of this Code. As to registration, fingerprinting and photographing of taxicab drivers, see § 14-15. § 26-1 Trailers and Trailer Parks § 26-2 CHAPTER 26. TRAILERS AND TRAILER PARKS. 1 § 26-1. Definitions. § 26-2. Minimum requirements for trailer parks and tourist camps. § 26-3. License for operation of trailer park or tourist camp --Issuance to be at discretion of city commission. § 26-4. Same --Prerequisites to issuance. Sec. 26-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Automobile trailer, trailer coach or trailer. Any vehicle or structure desig- ned and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, oc- cupation or trade (or use as a selling or advertising device), and so designed that it is, or may be, mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks. Trailer camp. Any park, tourist park, tourist court, camp, court, site, lot, parcel or tract of land upon which one or more trailers are located and parked by the day, week or month, by transients, whether a charge is made or not. Trailer park. Any park, trailer park, trailer court, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location upon which any trailer coach, automobile trailer or trailer may be parked, including all buildings used or intended to be used as part of the equipment thereof, whether a charge is made for the use of the trailer park and its facilities or not. (Ord. No. 77-68-1, § 1. ) Sec. 26-2. Minimum requirements for trailer parks and tourist camps. All trailer parks and tourist camps shall meet the following minimum requirements: (a) Streets shall be not less than thirty feet wide and blacktopped. The entire park shall be designed for drainage of surface water. (b) Streets and park or camp areas shall be illuminated properly all night. (c) Each trailer shall be placed with a setback from each of its plot lines a minimum of eight feet in all directions, with a four inch thick sixteen square foot concrete slab on the entrance side of the trailer. 1. As to license fees for trailer parks, see § 10-5 of this Code. 189 § 26-3 Atlantic Beach City Code § 26-4 (d) All electric wiring to trailers shall be underground and comply with the Electrical Code of the city. (e) All plumbing shall comply with the Plumbing Code of the city. (f) City water shall be piped to each trailer with no less than three-fourths inch pipe. (g) Each trailer space shall be numbered, with a directory at the office of the park or camp. (Ord. No. 77-68-1, § 2.) Sec. 26-3. License for operation of trailer park or tourist camp --Issuance to be at discretion of city commission. A license to operate a trailer park or tourist camp may be granted at the discre- tion of the city commission. (Ord. No. 77-68-1, § 3.) Sec. 26-4. Same --Prerequisites to issuance. No occupational license to operate a trailer park or tourist camp shall be issued until a plat of the proposed park is supplied to the city clerk, all improvements re- quired by this chapter have been completed and the applicant has complied with all requirements and regulations set forth in this chapter. (Ord. No. 77-68-1, § 2.) 190 § 27-1 Water Supply CHAPTER 27. WATER SUPPLY. 1 § 27-1 § 27-1. Application for water service. § 27-2. Tapping of mains, etc. , restricted to city employees. § 27-3. Connection charges; initial payment of minimum water rental. § 27-4. Temporary service. § 27-5. Consumer to grant city necessary easements, etc. ; right of city employees to read meters, examine fixtures, etc. § 27-6. Fee to re-establish service after cut-off. § 27-7. Testing of meters; liability for cost of testing; adjustment of bills. § 27-8. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. - § 27-9. Basis for billing if meter fails to register. § 27-10. Determination of type of service for each consumer. § 27-11. Property owner responsible to city for water charges.. § 27-12. Charges for water service. § 27-13. Billing dates for water service; failure to receive bill; when bills become delinquent; disconnection of service for failure to pay bill. § 27-14. Private fire protection service. § 27-15. Allowances not made for leaks on consumer's side of meter. § 27-16. Connection of private water systems to city system prohibited. § 27-17. Prohibited acts. § 27-18. Service to more than one property through same meter. § 27-19. Approval of plumbing prior to connection with water system. § 27-20. City not liable for interruptions in service; right of city to restrict use of water. § 27-21. Application for water service in new subdivisions; costs of pipes, etc. , in subdivisions to be paid by developer; exception. § 27-22. Extensions of water mains of one hundred feet or more in existing streets. Sec. 27-1. Application for water service. It shall be unlawful for any person to use city water without first making appli- cation in writing to the city for service at least forty-eight hours before the service is desired and paying all charges incident to such application. Such applications shall be made on forms furnished by the city and shall constitute an agreement by the consumer with the city to abide by the rules of the city in regard to its service of water. Applications for service requested by firms, partnerships, associations and corporations shall be tendered only by their duly authorized agents, and the official title of such agent shall be shown on the application. (Ord. No. 80-59-3, § 1. ) 1. For charter provision authorizing city to furnish public utility services and levy charges for the use of such utility services, see Char. , § 4 (8). For state law as to authority of city relative to water system, see Fla. Stats. , § 180. 01 et seq. As to plumbing, see ch. 17 of this Code. As to water supply for swimming pools, see § 24-6. 191 Supp. #3, 2-72 § 27-2 Atlantic Beach City Code § 27-5 Sec. 27-2. Tapping of mains, etc. , restricted to city employees. No person shall tap the city water mains or make any other connection to pipes on the supply side of any meter except those persons duly employed by the city for such purpose. (Ord. No. 80-59-3, § 2.) Sec. 27-3. Connection charges; initial payment of minimum water rental. (a) Upon the application of the owner or consumer for water service, the con- nection charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing, and labor. Connection charges will be established by the city commission from time to time. (b) The minimum water rental for the period from the date of installation to the following minimum water billing date shall be collected at the time payment is made for the connection charge. (Ord. No. 80-59-3, § 3; Ord. No. 80-61-5, § 1; Ord. No. 80-72-11.) Sec. 27-4. Temporary service. Temporary service, such as service for circuses, fairs, carnivals, construc- tion work and the like, shall be rendered upon written application accompanied by a deposit sufficient to cover the city's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the city in rendering such service. Upon termination of this service, any balance of this deposit shall be re- funded to the consumer. (Ord. No. 80-59-3, § 4.) Sec. 27-5. Consumer to grant city necessary easements, etc.; right of city employees to read meters, examine fixtures, etc. The consumer shall grant or cause to be granted to the city, without cost, all rights, easements, permits and privileges which are necessary for the rendering 192 Supp. #3, 2-72 § 27-6 Water Supply § 27-11 of service. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose inci- dental to the rendering of service. (Ord. No. 80-59-3, § 5. ) Sec. 27-6. Fee to re-establish service after cut-off. In the event water service is turned off either because of delinquency or upon the request of the consumer for any purpose, a cut -in fee of two dollars shall be charged and paid when water is turned on. (Ord. No. 80-59-3, § 6. ) Sec. 27-7. Testing of meters; liability for cost of testing; adjustment of bills. Upon written request of a consumer, the meter will be tested bythe city. In the event the meter, when tested, is found to be not more than two percent fast, the ex- pense of the test shall be paid by the consumer at a cost of five dollars; otherwise, the expense of the test will be borne by the city, and billing adjustments for a period not to exceed six months will be made. (Ord. No. 80-59-3, § 7. ) Sec. 27-8. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Liability for service shall begin on the day the consumer is connected to the city water main and shall continue thereafter until the service is disconnected for nonpay- ment or for other cause, after written notice is given the city by the consumer of his desire to terminate the service. No allowance will be made for vacant houses unless a request in writing to have the water shut off is received by the city, nor will any allowance be made for any shut-off period less than thirty days. (Ord. No. 80-59- 3, §8.) Sec. 27-9.. Basis for billing if meter fails to register. In the event any meter on a consumer's premises is destroyed by fire or other causes or fails to register, the consumer will be billed for the period involved on a basis of previous consumption. (Ord. No. 80-59-3, § 9. ) Sec. 27-10. Determination of type of service for each consumer. The city manager, or some person designated by him, shall have the authority to determine what type of service shall be rendered by the city to each consumer. (Ord. No. 80-59-3, § 10.) Sec. 27-11. Property owner responsible to city for water charges. The property owner shall at all times be responsible to the city for its proper charges for water service. (Ord. No. 80-59-3, § 11.) 193 § 27-12 Atlantic Beach City Code § 27-12 Sec. 27-12. Charges for water service. 2 The reasonable rates, rentals, fees and other charges for the use of the ser- vices and facilities of the city waterworks system are hereby found and determined to be and are hereby fixed and established as follows: (a) Customers within city. (1) Single units. The minimum bill for a single unit shall be for twenty-six thousand gallons of water, and shall be six dollars per quarter. All water used in excess of twenty-six thousand gallons shall be charged for at the rate of fifteen cents per one thousand gallons. (2) Multiple units. For all multiple units served through the same meter-, the rates shall be in accordance with the following scale, and the minimum allowance shall be in direct proportion to the minimum rate paid allowing 4,333 1/3 gallons for each dollar of the quarterly minimum rate. All excess gallonage shall be charged for at the same rate as provided for single units above. 2 units - $ 9. 00 per quarter 3 units - 12. 00 per quarter 4 units - 15. 00 per quarter 5 units - 18. 00 per quarter 6 units - 21. 00 per quarter 7 units - 24. 00 per quarter All units over 7 - $2.50per quarter for each additional unit. (3) Prorating quarterly minimum. For new water services made after the beginning of each calendar quarter or for a continuance of a turned -off existing ser- vice, the quarterly minimum will be prorated on a monthly basis for the remainder of the quarter, plus the cut -in fee when applicable as provided in section 27-6. (b) Customers outside city. The rates applicable to customers outside the city boundaries shall be one and one-half times the above rates and the above minimum and excess quantity allowances shall apply to such customers. New customers out- side the city boundaries will not be accepted unless their application for service is approved by the city commission. (Ord. No. 80-59-3, § 12; Ord. No. 80-61-6, § 1.) 2. For state law authorizing city to fix rates and charges for water, see Fla. Stats, , § 167. 57. 194 § 27-13 Water Supply § 27-17 Sec. 27-13. Billing dates for water service; failure to receive bill; when bills become delinquent; disconnection of service for failure to pay bill. Bills for minimum and excess water will be rendered quarterly as of the first day of January, April, July, October at the rates set out in this chapter, but the ren- dering of bills is not an obligation on the part of the city, and failure of the consumer to receive such bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. Such bills for service shall be due and payable on the date of billing and shall become delinquent thirty days thereafter. The city clerk shall order the im- mediate disconnection of all delinquent services, and service shall not be restored until the delinquent bill and two dollars service charge is paid. •(Ord.. No. 80-59-3, § 13.) Sec. 27-14. Private fire protection service. Fire protection service charges shall be billed annually in advance. Fire pro- tection service, either private hydrants or sprinkler systems, shall be installed from the main inward at the expense of the consumer. All such installations shall be made in strict accordance with the rules of the American Insurance Association in force at the date of installation and with such requirements as may be prescribed by the city manager. Fire protection services shall not be metered, and no charge shall be made by the city for water used through such services; however, no use of such services shall be made except for testing the equipment or fighting fire. (Ord. No. 80-59-3, § 14. ) Sec. 27-15. Allowances not made for leaks on consumer's side of meter. No allowance or adjustment of any water bill shall be made for leaks of any na- ture occurring on the consumer's side of the meter. (Ord. No. 80-59-3, § 15.) Sec. 27-16. Connection of private water systems to city system prohibited. No person shall interconnect a privately owned water system to the city's water system. (Ord. No. 80-59-3, § 16. ) Sec. 27-17. Prohibited acts. No person shall connect or turn on any water service or tap or make any altera- tion to any main or distribution pipe of the city's water system or in any way inter- fere with or molest any of the wells, reservoirs, basins or water in the same, or permit any connection or tapping to be made to the city's water system on his prem- ises or the premises occupied by him or knowingly use city water from unauthorized connections. (Ord. No. 80-59-3, § 17. ) 195 § 27-18 Atlantic Beach City Code § 27-21 Sec, 27-18. Service to more than one property through same meter. Properties owned or operated by different owners or operators shall not be sup- plied with water through one meter unless existing facilities make it impractical (as determined by the city commission as an exception) to establish separate meters for each property. In each case excepted by the city commission, the yearly mini- mum rate will be determined by combining the rates for each property, and likewise the minimum quarterly allowance for each property will be combined. (Ord. No. 80-59-3, § 18.) Sec. 27-19, Approval of plumbing prior to connection with water system. No water service shall be connected until the plumbing and connections incident thereto shall have been inspected and approved by the plumbing inspector. (Ord. No. 80-59-3, § 19. ) Sec. 27-20. City not liable for interruptions in service; right of city to restrict use of water. The city shall not be liable for any damage resulting from bursting of any main, service pipe or cock, or by shutting off of water for repairs, extensions or connec- tions, or from the accidental failure of the water supply from any cause whatsoever. In cases of emergency, the city shall have the right to restrict the use of water in any reasonable manner for the protection of the city and its water supply. (Ord. No. 80-59-3, § 20.) Sec. 27-21. Application for water service in new subdi- visions; costs of pipes, etc. , in subdivisions to be paid by developer; exception. Any person subdividing or resubdividing any plot or tract of land shall apply to the city for water service. Upon approval of such application by the city commission, the applicant shall agree to deposit with the city the cost of such lines, mains, pipes, fire hydrants, valves, meters, engineering, etc. , and the city shall cause to be prepared the nec- essary plans and specifications for the construction of such water lines, etc, When the estimated cost of such water lines has been determined, the applicant shall forthwith deposit with the city a sum of money equal to such estimate, or he may elect to install such water lines himself according to the plans and specifications and under the supervision of the city. He shall pay the cost of such engineering and shall provide such surety as the city commission may require. In the event the ac- tual cost is more than the estimated cost, the developer shall pay to the city the ad- ditional cost. In the event the actual cost is less than the estimated cost, the dif- ference shall be refunded to the developer. 196 § 27-22 Water Supply § 27-22 If the future development of the area beyond the limits of the proposed develop- ment requires the installation of a water main larger than the main required for do- mestic and fire service within the proposed development, the city shall agree to pay the difference in the cost of materials or}ly between the main capable of providing domestic and fire service within the proposed development and the main necessary to serve the area beyond such development. The method of payment of this cost by the city shall be negotiated between the developer and the city. (Ord. No. 80-61-5, §2.) Sec. 27-22. Extensions of water mains of one hundred feet or more in existing streets. Any application for water service on a street right of way or easement existing or dedicated prior to January 1, 1961, requiring an extension in. excess of one hun- dred feet, shall be, approved by the city commission. If the city commission finds that it is not economically feasible to construct such water line and the applicant pro- vides the necessary funds to construct such line, the city and the applicant shall agree by written contract to the refunding to the applicant of such funds. The method and amount of refunding shall be negotiated between the applicant and the city. (Ord. No. 80-61-5, § 3.) 197 § 28-1 Zoning § 28-1 CHAPTER 28. ZONING.' § 28-1. Definitions. § 28-2. Districts designated. § 28-3. Adoption of zoning map. § 28-4. Interpretation of boundaries of districts. § 28-5. General provisions. § 28-6. Residence "AA" (RAA) Single -Family Districts. § 28-7. Residence "A-1" (RA -1) Single -Family Districts. § 28-8. Residence "A" (RA) Single -Family Districts. § 28-9. Residence "AC" (RAC) Districts. § 28-10. Residence "B" (RB) Districts. § 28-11. Residence "C" (RC) Districts. § 28-11.1. Residence "C-1" (RC -1) Districts. § 28-12. Residence "D" (RD) Districts. § 28-12. 1. Residence "D-1" (RD -1) Districts. § 28-13. Business "AA" (BAA) Districts. § 28-14. Business "A" (BA) Districts. § 28-15. Business "A-1" (BA -1) Districts. § 28-16. Business "B" (BB) Districts. § 28-17. Industrial (IA) Districts. § 28-17. 1. Planned unit development. § 28-18. Board of adjustment. § 28-19. Chapter deemed minimum standards. § 28-20. Conflicts with other laws, covenants, etc. § 28-21. Business and.industrial structures to be approved by city commission. § 28-22. Liability for violations. Sec. 28-1. Definitions. For the purposes of this chapter, thefollowingwords and phrases shall have the meanings respectively ascribed to them by this section: Accessory building. A subordinate building, the use of which is incidental to the main building. Alleys. Any street or lane less than thirty feet wide. Apartment. A dwelling containing accommodations for three or more families served by a common entrance hall. 1. For charter provisions as to authority of city relative to zoning, see Char. , §§ 9(6), 127 to 147. For state law as to municipal zoning, see Fla. Stats. , § 176. 01 et seq. As to planning for future development, see Fla. Stats. , H 163. 160 to 163. 315. For law review articles and notes as to zoning, see 6 Fla. L. Rev. 355, 13 Fla. L. Rev. 479, 18 Fla. L. Rev. 430, 8 Miami L. Q. 266, 10 Miami L. Q. 236. As to subdivision of land, see ch. 23 of this Code. As to setback requirements for swimming pools, see § 24-3. 199 Supp. #4, 9-72 § 28-1 Atlantic Beach City Code § 28-1 Attached. Where a secondary or a.ccessors. building is to be attached to a main building, the minimum attachment shall be by means of a permanent roof installation, Attic. The space between the top story, and a roof. Basement. A story partly below ground, but having at least one-half of its height above the mean level of the adjoining ground., A basement shall be counted as a story. Boarding house, A building other than a hotel where meals end lodging for more than five persons are served for compensation Buildings Such term includes the term "structure,' Cellar, A story having more than one-half of its height below the mean level of the adjoining ground. A cellar shall be counted as a story for height measurement. Court. An unoccupied space, other than a yard, enclosed on two or more sides by walls of the building and on the same lot with it and open to the sky, unobstructed by roof, skylight or other appendage, A court which extends for its full required width to a street, rear yard or front yard is an outer court. A courtnot thus extend- ing is an inner court. A court or offset shallower than the width of its open side shall be considered to bee a part of the open space on which it abuts. Coverage. That portion or area of any lot occupied by the enclosed portion of any building. Depth of a lot. The mean distance from a street line of the lot to its opposite rear line, measured in the mean general direction of the side lines of the lot. Detached, As applied to a building: such term means not attached or not ad- joining another building, but is isolated separate and complete within itself. De- tached, as applied to the living units of a two-family or multiple family dwelling shall apply to each living unit therein and shall mean that each unit is complete within it- self and with separate entrances from the outside. "Detached" shall not prohibit a garage from being a part of any dwelling or a garage structurally connected with any dwelling. Dwelling, multiple„ A building designed for or occupied as a residence by three or more families living independently of each other, Dwelling, one -family. A detached building designed for or occupied by one fam- ily only Dwelling, two-family (duplex)., A building designed for or occupied by two fain-. ilies only, Enclosed. Not open, but shut in by solid walls, Glass shall be considered a part of such solid walls. Lattice work, screening or garage doors shall not be con- sidered "enclosed.." 200 Supp. #4, 9-72 § 28-1 Zoning § 28-1 Family. One or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit exclusive of house- hold servants. A number of persons but not exceeding two living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. 200.1 Supp . #5, 12-74 § 28-1 Zoning § 28-1 Front yard. An open space the full width of the lot on the same lot with a build- ing, unoccupied and unobstructed from the ground upward between the street line and the building, except as otherwise provided herein. Garage, community. A group, community or neighborhood garage to contain not more than twenty motor vehicles, with not more than five vehicles to a unit. Garage, private. A building or.portion thereof used for housing or the care of self-propelled vehicles for the use of the owners or occupants of dwellings. Garage, public. A garage other than a private or community garage, used for the housing, care or repairing of self-propelled vehicles. Ground or first story. The lower story entirely above the mean grade of the adjoining ground. Half story. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. Height of building. The vertical distance of the highest point of the roof above the mean grade of the ground adjoining the building. Hotel. A building occupied as the more or less temporary abiding place of in- dividuals who are lodged with or witho1it meals and in which there are more than twenty sleeping rooms usually occupied singly and no provision made for cooking in any room or suite of -rooms. The worrl "hotel," as indicating a use, shall include all of the appurtenant and accessory uses and shall also include additional uses that are incidental and proper to the conduct of a resort hotel, but shall not include any use that is not directly incident, appurtenant or accessory to the use of the hotel, its owner, its management and its guests, Junk yard. A lot or group of contiguous lots used for the dismantling or wreck- ing of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts, or storage or sale of any other type of salvage material. Lodging house. A building, other than a hotel, where lodging for five or more persons, without meals, is provided for compensation. Lot. Any lot or plot occupied or intended to be occupied by any building and its accessory buildings. Whenever the description of a lot is filed with the building inspector, a "lot" shall be the lot so described. In the case of a corner lot, the front of the lot is that side of the lot facing the street which has the smaller frontage and the side of the lot is that side, facing the street which has the larger frontage, but this designation of front and side of corner lots is without reference to building ar- rangements. In the case of lots running from street to street, the front of the lot is adjacent to the wider street. The word "lot" shall include the words "plot" and "tract. " 201 § 28-1 Atlantic Beach City Code § 28-1 Main or principal building. A dwelling adjacent to the front lot or street line. Mezzanine story. Such a story shall be deemed a full story where it occupies more than one-third of the area of the story next below. Minimum distance. The "minimum distance" and the "average distance" from a building to a lot line or street line are always measured at right angles to such a line. Motel (tourist court). A group of attached or detached buildings containing in- dividual sleeping units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space as hereinafter provided. Nonconforming use. A building or land occupied by a use that does not conform with the regulations of the district in which it is situated. Occupied. Such term includes designed or intended to be occupied. Parking space. That part of a lot or tract set apart for the parking or storage of one vehicle. Party wall. A wall erected and standing on a line between two living units in a two-family or multiple -family dwelling as a dividing partition for the use in common of adjoining units. Rear lot line. The dividing line between two tiers of lots or, in the case of one tier, the line abutting the narrowest or less important street. Rear yard. Required open space, unoccupied except for accessory buildings or secondary dwellings, as hereinafter provided, the full width of the lot, between the rear wall of the building through its height and the rear line of the lot. In the case of a triangular lot with only one side fronting on a street, the rear yard shall be the open space, unoccupied except for accessory buildings or secondary dwellings as hereinafter provided, between the rear wall of the building and a line parallel to the rear wall and half way betweenit and the point of intersection of the side lines of the lot. Reversed frontage. Corner and other lots at either end of a block originally facing or later subdivided to face an intersecting street at approximately right angles to the remaining interior lots of such block. Secondary building or dwelling. A dwelling for one family built in the rear of the main building. Semidetached. "Semidetached" is applied to a dwelling which looks like a sep- arate or detached dwelling, but which is in reality constructed so as to provide a dwelling for two or more families and which has a common entrance from outside. Side yard. A required open, unoccupied space within the lot between a side lot line and the narts of the building nearest to such a side lot line. Such side yard must extend through for its required width from the street line or the front yard to the rear yard or its equivalent or to another street. 202 § 28-2 Zoning § 28-2 Small announcement sign or name plate. A sign or plate not more than one square foot in area. Street. A public thoroughfare not less than thirty feet wide. The ocean front beach is included and defined as a street. Street line. The dividing line between a street and a lot. Structure. Includes the terms building, appurtenance, wall , . platform, staging or flooring used for standing or seating purposes, a shed, fence, sign or billboard onpublic orprivate. property, or on, above or below a public street or highway. Trailer or mobile home. Any unit used for living or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting such unit from place to place , whether by motive power or other means . Trailer or mobile home. park. An area where more than one house trailer or house cars may be located and used as temporary living or sleeping quarters of individuals or families and intended primarily for automobile tran- sients. Upper story. Any story above the first or ground story. Used. Includes designed or intended to be used. Width of a lot. The mean width of a lot measured at right angles to its depth. (Ord. No. 90-59-3, § 2; Ord. No. 90-74-64, § 1.) Sec . 28-2 . Districts designated. The city is hereby zoned and divided into eleven districts as follows: Residence "AA" (RAA) Residence "A-1" (RA -1) Residence "A" (RA) Residence "AC" (RAC) Residence "B" (RB) Residence "C" (RC) Residence "C-1" (RC -1) Residence "D" (RD) Residence "D-1" (RD -1) Business "AA" (BAA) Business "A" (BA) Business "A-1" (BA -1) Business "B" (BB) Industrial "A" (IA) (Ord. No. 90-59-3, § 1; Ord. No. 90-62-14, § 1; Ord. No. 90-65-21, § 1; Ord. No. 90-70-35, § 1; Ord. No. 90-71-43, § 1.) 203 Supp . #5, 12-74 § 28-3 Atlantic Beach City Code § 28-5 Sec. 28-3 . Adoption of zoning map. 2 The location and boundaries of the districts established by this chapter shall be as shown on the zoning map of the city, which map is hereby adopted and made a. part of this chapter . (Ord. No. 90-59-3, § 1.) Sec . 28-4 . Interpretation of boundaries of districts. The boundaries of the districts established by this chapter, as indicated on the zoning map, are intended to follow the center lines of streets or alleys or their extensions or lot lines or their extensions as they existed at the time of the adoption of this chapter, but when the boundary line does not coincide with any of the aforesaid lines or where it is not located by dimensions shown on the zoning map, it shall be deemed to be distant from the nearest known point according to the scale of the zoning map. (Ord. No. 90-59-3, § 1.) Sec. 28-5. General provisions. The provisions of this section shall apply in both the residence and busi- ness districts, except where the context specifically indicates its application to residence districts only or business districts only. (a) Accessory buildings. Accessory buildings or structures, the use of which is incident to the main building, includingprivate garages, tool rooms, etc. , shall be permitted in the rearyard area, shall not be more than one story in height and shall not cover more than twelve percent of the lot area. Only one such building shall be permitted on each building site and no part of any accessory building shall be nearer than five feet to any side or rear lot line. On a corner lot, no part of any accessory building shall pro- ject in front of the required setback line on either street. Space shall not be leased or let for any use or purpose other than those incident to the use of the main building. (al) Building height limit. No building or structure shall be erected to a height in excess of thirty feet. (b) Adjoining districts. Where a residence district adjoins a business district, the adjoining lot with the lesser restrictions shall be provided with a front yard, rear yard or side yard at least one-half the size of those required for the adjoining lot with the greater restrictions. (c) Courts required. A yard or court on the same lot'shall be pro- vided wherever needed to give adequate light and ventilation to any room in which persons live, sleep, work or congregate. (d) Existing buildings; nonconforming uses. Except as hereinafter provided, no building or premises shall be used, constructed, reconstructed, extended or structurally altered except in conformity with the provisions of this chapter which apply 2. Editor's note. --The zoning map is not set out in this Code. Such map, as amended, is on file in the office of the city clerk. 204 Supp. #5, 12-74 § 28-5 Zoning § 28-5 to the district in which it is located; provided, that any nonconforming use existing on January 24, 1940, may be continued or changed to another nonconforming use not substantially different in its purpose or manner of application, and no more harmful or objectionable; provided, that the building involved shall be neither structurally -altered or enlarged to an extent greater than fifty percent of the assessed value of the building on July 24, 1940, unless the building in all parts shall conform to the height and area provisions of this chapter for the district involved. No nonconform- ing use, if once changed to a use permitted in the district in which it is located, shall ever be changed back to a nonconforming use. (e) Fences and walls; seawalls. (1) In the area between the front property line and the front building setback line, no fence or wall shall exceed four feet in height. (2) In the area between the front building setback line and the rear property line, no fence or wall shall exceed six feet in height. (3) No person shall construct, erect or place on any property within the city any seawall or retaining wall without first obtaining a permit therefor from the city and submitting adequate plans and specifications to show the building official of the city the construction contemplated. For the purpose of this section, a seawall or retaining wall is defined to be any wall used to resist the lateral displacement of any material. (4) Notwithstanding any provision hereof, no fence shall be constructed con- trary to the provisions of subsection (n) of this section. (f) Loss by firer etc. Nothing in this chapter shall prevent the restoration of a building destroyed less than fifty percent of the assessed value, exclusive of the foundations, by fire, explosion, Act of God or act of public enemy, or shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof. (g) Minimum open space. No lot or plot shall be so reduced in area that any yard, court or other open space will be smaller than is prescribed in this chapter for the district in which it is located. (h) Off-street parking. (1) Minimum space. Each off-street paved parking space shall consist of a minimum net area of one hundred sixty square feet, exclusive of entrance ways, driveways and other appurtenances, and each off-street paved parking space shall be provided with vehicular access to a street or alley. No part of the off-street paved parking space required for any building or use for the purpose of complying with the provisions of this chapter shall be included as part of the off-street paved parking spaces similarly required for another building or use. 205 Supp. #1, 5-70 § 28-5 Atlantic Beach City Code § 28-5 (2) Residential uses. For each family dwelling unit of any building hereafter erected for dwelling purposes, there shall be provided on the same lot therewith not less than one off-street paved parking space. Such off-street paved parking space shall not occupy any part of a required front yard. (3) Places of public assembly. Every place of public assembly, whether indoor or outdoor, except public school auditoriums, shall have provided not less than one off-street parking space for each ten seats of the total seating capacity of such place of public assembly. (4) Hospitals. Every hospital or similar institution shall have provided not less than one off-street parking space for each two beds of the rated bed capacity of such hospital or similar institution. (5) Hotels, boarding houses, rooming houses, etc. Every hotel, boarding house, lodging house, guest house or other place accommodating transient guests shall have provided not less than one off-street parking space for each three guest rooms contained therein. (6) Motels, tourist courts, group housing. Every motel, tourist court or group housing establishment shall have provided not less than a number of parking spaces equal to at least eighty percent of the number of rentable sleeping units of the enterprise plus one space for the management or owner. This provision shall apply to and include combination living room and bedroom units. (7) Other buildings and uses. Every retail store, office building, wholesale or industrial establishment shall have provided not less than one off-street parking space for each five hundred square feet or portion thereof the gross floor area of such building or use. (8) Location of off-street parking spaces. Except as otherwise prescribed for dwelling units, off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is located; provided, that for buildings or uses located in business A and B districts, parking spaces may be located on another site provided such site is not more than five hundred feet from the building or use. (i) Outside stairs. No unenclosed outside frame stairs shall be erected to give access to a front, rear or side entrance to other than the first story of any building. Fire escapes required by law are excepted and outside secondary stairways to the rear of two-family houses hereafter constructed in Residence B, C, and D zones are excepted. (j) Public utilities. In any residence district, public utilities and public ser- vice structures may be permitted with the unanimous approval of the city commission. In any other districts, no such approval is required. (k) Real estate signs. Not more than one real estate sign advertising the sale, rental or lease of only the premises on which it is maintained is permitted. Such sign shall not be more than four square feet in area and shall conform to setback lines. 206 Supp. #1, 5-70 § 28-6 Zoning § 28-6 (1) Secondary dwellings. (1) In any district, when a lot has a width of fifty feet or more and extends from street to street, a secondary single dwelling, which may be combined with a private garage with a capacity of not more than two motor vehicles, may be erected in the rear of a principal dwelling; provided, that the secondary dwelling shall not be more than twenty-five feet high, that there shall not be less than twenty feet between the principal and secondary dwellings, the side yard regulations for proper zone shall apply to the sides of the secondary dwelling, a driveway or open space not less than ten feet wide shall be maintained to give access thereto from the street and no part of a secondary dwelling shall be nearer than five feet to the rear lot line of any lot, (2) Any existing secondary dwelling or accessory building that is in violation of the above provisions may be rebuilt, enlarged, remodeled or structurally altered if such reconstruction is completed before January 1, 1961; provided, that no rear or side setback distance shall be reduced to less than the rear or side setback dis- tances existing on November 9, 1959, (3) Any existing secondary dwelling or accessory building that is encroach- ing on the street right of way shall not be rebuilt, enlarged, remodeled or structural- ly altered unless such encroachment is removed from the street right of way. If such encroachment is removed, the provisions of paragraph (2) above shall apply. (4) On and after January 1, 1961, no existing secondary dwelling or accessory building in violation of any of the provisions of paragraph (1) above shall be rebuilt, enlarged, remodeled or structurally changed. (m) Temporary residence. No trailer, basement, tent, shack, garage or other accessory building erected or moved onto any lot in any district shall be used as a residence, temporarily or permanently, nor shall any residence of temporary char- acter be permitted. (n) Traffic visibility across corners. In any district, no fence, sign or any planting shall be maintained, except that which does not interfere with traffic visibil- ity across corners. This determination shall be made by the city manager or his appointed agent, and property owners in violation thereof shall be advised to make the necessary removal. (o) Unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any building or wall declared unsafe by the building in- spector. (Ord. No. 90-59-3, § 3; Ord. No. 90-59-4, § 2; Ord. No. 90-69-32, §§. 1, 2; Ord. No. 90-69-33, § 1; Ord. No. 90-70-37, § 1; Ord. No. 90-73-59. ) Sec. 28-6. Residence "AA" (RAA) Single -Family Districts. The following regulations shall apply within each Residence "AA" District: (a) Permitted uses. Within any Residence "AA" District as indicated on the 207 Supp. #5, 12-74 § 28-7 Atlantic Beach City Code § 28-7 zoning map, no building or premises shall be used and no structure shall be erected which is intended or designed to be used in whole or in part for any industry, trade, manu- facture or commercial purpose or for other than the following specified purposes. (1) A single detached one -family private dwelling. (2) Municipal parks. (b) Building site area required. The minimum building site area shall be one lot or a parcel of land of at least seventy-five hundred feet in area and a minimum front- age at the building line of seventy-five feet. Where a lot or parcel of land has an area and frontage of less than the required minimum and was a lot of record in Duval County on January 12, 1959, the lot may be occupied by a one -family dwelling; provided, that the minimum side, front and rear yard requirements set out in this chapter shall be conformed with. (c) Front yard required. There shall be a front yard having a depth of one- sixth of the depth of the lot, but in no case shall the front yard be less than twenty- five feet. (d) Side yard required. There shall be a side yard on each side of a building having a width of one-tenth of the width of the lot, but in no case less than ten feet. On corner lots, the side yard on the street side shall be fifteen feet. (e) Rear yard required. •There shall be a rear yard having a depth of not less than thirty feet, except as provided for Residence "A" Districts. (f) Building height limit. No dwelling shall exceed two stories or thirty feet in height. (g) Minimum lot coverage. (1) One story, fourteen hundred square feet enclosed heated living area; ex- cept, that on existing platted lots having a frontage of less than sixty feet to be used as a building plot, • the above requirements are reduced by two hundred square feet. (2) Two story, nine hundred square feet enclosed coverage on the ground floor and not less than a total of fourteen hundred square feet enclosed heated living area. (h) Accessory buildings. Any accessory building shall be compatible with the main building. (Ord. No. 90-59-3, § 4; Ord. No. 90-72-55, § 1. ) Sec. 28-7. Residence "A-1" (RA -1) Single -Family Districts. The following regulations shall apply within each Residence "A-1" Districts (a) Permitted uses. Within any Residence "A-1" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry, 208 Supp. #5, 12-74 § 28-8 Zoning § 28-8 trade, manufacture or commercial purposes or for other than one or more of the fol- lowing specified purposes: (1) A single detached one -family private dwelling. (2) Any use permitted in a Residence "A" District. (b) Building site area reauired. The requirements shall be the same as those for a Residence "AA" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. The requirements shall be the same as those for a Residence "A" District. (e) Rear yard required. The requirements shall be the same as those for a Residence "A" District. (f) Building height. The requirements shall be the same as those for a Resi- dence "A" District. (g) Minimum lot coverage. (1) One story, twelve hundred square feet enclosed heated living area. (2) Two story, seven hundred fifty square feet enclosed coverage on the ground floor and not less than a total of twelve hundred square feet enclosed heated living area. (h) Accessory buildings. Accessory buildings are permitted. (Ord. No. 90- 60-8, § 2; Ord. No. 90-70-38, § 1; Ord. No. 90-72-56, § 1. ) Sec. 28-8. Residence "A" (RA) Single -Family Districts. The following regulations shall apply within each Residence "A" District: (a) Permitted uses. Within any Residence "A" District, as indicated on the zoning map, no building or premises shall be used and no structure shall be erected which is intended or designed to be used in whole or in part for any industry, trade, manufacture or commercial purpose or for other than the following specified pur- poses: (1) A single detached one -family private dwelling. (2) The office of a physician or surgeon, dentist, musician, lawyer, archi- tect, teacher or other like professional person residing on the premises; provided, that there shall be no display from the street nor advertising, except a small pro- fessional name plate, and adequate off street parking shall be provided. 209 Supp, #4, 9-72 § 28-8 Atlantic Beach City Code § 28-8 (3) Municipal administrative buildings, municipal recreational buildings, municipal playgrounds and municipal parks. (4) Public libraries and public museums; provided, that there shall be no display visible from the street or advertising on the premises. (5) Churches and other places of worship, parish houses and Sunday School buildings. (6) Schools, colleges, clubs, lodges, social and community center buildings, except those a chief activity of which is a gainful service or activity usually conducted as a business, such as dancing or bowling; provided, that there shall be no display or advertising from the street, and the approval of the city commission shall be secured in the following manner and a copy of such approval shall be filed with the building in- spector. Approval shall be only given by the city commission by ordinance passed bya four-fifths affirmative vote of a quorum present at a duly constituted regular or spe- cial meeting. (b) Building site area required. The minimum building site area shall be one lot or parcel of land of at least five thousand square feet in area and a minimum front- age at the building line of fifty feet; provided, that any lot not less than twenty-five feet in width shown on any recorded plat or deed on January 24, 1940, is excepted, but the required front yard, side yard and rear yard shall be maintained. (c) Front yard required. There shall be a front yard having a depth of one-sixth of the depth of the lot, but in no case shall the front yard be less than twenty feet. (d) Side yard required. (1) There shall be a side yard on each side of a building having a width of one-tenth of the width of the lot, but in no case less than seven and one-half feet. (2) On a corner lot, the side yard on the street shall be fifteen feet. (3) Eaves and cornices shall not extend more than one-third of the width of the open space over which they project, and not more than four feet in any case. (4) In case of a lot being replatted so as to create two lots facing another street, the side yard on the street side of the new corner lot shall be not less than one-sixth of the depth of the original lot or lots before replatting. The front yards of the new lots shall be not less than one-sixth of the depth of the new lots, and not less than twenty feet. (e) Rear yard required. (1) There shall be a rear yard having an area of fifteen hundred square feet, bounded by the side property lines, the rear property line and a line parallel to the rear property line passing thru the rear most extremity of the main building, but in no case shall the main building be closer than twenty feet to the rear property line. 210 Supp. #4, 9-72 § 28-9 Zoning § 28-9 In case of a lot having less than one hundred feet depth on January 24, 1940, the area of the rear yard may be reduced by 1.666 percent for each foot of the depth of the lot under one hundred feet, but in no case shall the main building be closer than fifteen feet to the rear property line. (2) Notwithstanding the provisions above, when the garage is attached to and a. part of the main building, the garage (but no other. part of the main building) may extend no nearer than one-tenth of the depth of the lot to the rear lot line; .provided, that in no case shall the same extend nearer than ten feet to the rear lot line. The term "garage," as. herein used, shall mean a structure or space designed primarily. for the storage of motor vehicles and used primarily for that. purpose , but such term shall also include space devoted to and. used. for. household laundry. purposes , storage, servant's toilet and like household. purposes . Such term shall not include living quarters. (f) Repealed by Ordinance Number 90-73-59. (g) Minimum lot coverage. (1) One story, twelve hundred square feet enclosed heated living area. (2) Two story, two hundred fifty square feet enclosed coverage on the ground floor and not less, than a total of twelve hundred squarefeet en- closed heated living area. (h) Accessory buildings. Accessory buildings are permitted. (Ord. No. 90-59-3, § 5; Ord. No. 90-60-10, § 1; Ord. No. 90-70-38, § 1; Ord. No. 90-72-53; Ord. No. 90-72-57, § 1; Ord. No. 90-73-59; Ord. No. 90-73-61, § 1.) Sec. 28-9 . Residence "AC" (RAC) Districts. The following regulations shall apply within each Residence "AC" Dis- trict: (a) Permitted uses. Within any Residence "AC" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry, trade or any manufacture or commercial purpose, or for other than one or more of the following specified purposes: (1) Any use permitted in Residence "A" Districts. (2) Any use permitted in Residence "B" Districts. (3) Any usepermitted in Residence "C" Districts. 211 Supp. #5, 12-74 § 28-10 Atlantic Beach City Code § 28-10 (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. The requirements shall be the same as those for a Residence "A" District. (e) Rear yard required. The requirements shall be the same as those for a Residence "A" District. (f) Building height. The requirements shall be the same as those for a Resi- dence "A" District. (g) Minimum lot coverage. The requirements shall be the same as those for a Residence "C" District. (h) Accessory buildings. Accessory buildings are permitted. (Ord. No. 90- 60-8, § 3. ) Sec. 28-10. Residence "B" '(RB) Districts. The following regulations shall apply within each Residence "B" District: (a) Permitted uses. Within any Residence "B" District, as indicated on the zon- ing map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry, trade, manufacture or commercial purposes or for other than one or more of the following specified purposes: (1) Any use specified above in sections 28-6 and 28-8. (2) A single detached two-family dwelling for two families, the units of which are detached, semidetached or between party walls. (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. The requirements shall be the same as those for a Residence "A" District. 212-212.2 Supp. #5, 12-74 § 28-11 Zoning § 28-11 (e) Rear yard required. The requirements shall be the same as those for a Residence "A" District.. (f) Building height. The requirements shall be the same as those for a Resi- dence "A" District. (g) Minimum lot coverage, (1) For a single-family residence, the requirements shall be the same as those for a Residence "A" District, (2) For two-family residences (duplex), each living unit shall have eight hundred fifty square feet of enclosed living area. (h) Accessory buildings, Accessory buildings are permitted. (Ord. No. 90- 59-3, § 6; Ord. No. 90-65-27, § 1.) Sec. 28-11. Residence.''C" (RC) Districts. The following regulations shall apply within each Residence "C" District: (a) Permitted uses. Within any Residence "C" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used .inwhole or in part for any indus- try, trade, or any manufacture or commercial purpose, or for other than one or more of the following specified purposes: (1) Any uses specified in sections 28-6, 28-8 or 28-10. (2) A single detached multiple. dwelling for three or more families, the units of which are detached, semidetached or between party walls. (3) Hotels,, motels and apa-tment houses. (4) Boarding houses, lodging houses and dormitories; provided, that there shall be no display or advertising visible from the street, other than a small an- nouncement sign. A public restaurant or dining room shall be allowed only as an accessory use in such building. (5) The renting of rooms or the furnishing of table board in a dwelling oc- cupied as a private residence; provided, that there shall be no display from the street and no signboard used to advertise such use, except for a small announcement sign. (>i) Schools, colleges, clubs, lodges, social and community center buildings, except those a chief activity of which is a gainful service or activity usually conducted as a business, such as dancing or bowling; provided, that there shall be no display or advertising from the street. 213 Supp. #2, 5-71 § 28-41 Atlantic Beach City Code § 28-11 (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front vard required. The requirements shall be the same as those for a Residence "A" District,. (d) Side e yard required. The requirements shall be the same as those for a Residence "A" District. (e) Rear yard required. The requirements shall be the same as those for a Residence "A" District. (f) Building height. No building or structure shall be erected to a height in ex- cess of thirty feet; except, that in the case of a church, library, municipal or insti- tutional building, no part of any such building shall be erected in excess of a height of sixty feet. Flag poles, radio towers and church spires are excepted from this provision. In buildings having an over-all height of thirty feet or less, the mini- mum distance between the finished floor surface and the ceiling shall be not less than eight feet, this provision being applicable to each story or living space in such structure. (g) Minimum lot coverage. (1) For single-family residences, the requirements shall be the same as those for a Residence "A" District. (2) For two-family residences (duplex), each living unit shall have eight hun- dred fifty square feet of enclosed living area. (3) In structures with more than two living units, each living unit with one bedroom shall have as a minimum seven hundred fifty square feet of enclosed living area. Each living unit with two bedrooms shall have as a minimum eight hundred fifty square feet of enclosed living area. Each living unit with three bedrooms shall have as a minimum one thousand square feet of enclosed living area. The maximum ratio of living units per acre of land shall not exceed twenty units. In a contiguous complex of twenty or more living units under single proprietorship or management, each living unit shall have the following minimum net living area as measured to the inside finished perimeter walls, exclusive of stairs, stairwell, stair case and utility or storage room; provided, that if utility or storage facilities are not included with- in each living unit, a common area for storage and utilities shall be furnished on the same site as a part of the complex: Apartment Type Net Area Efficiency with bedroom area combin- ed with other living areas 480 sq. ft. 1 bedroom with individual bedroom area permanently partitioned from other living areas 575 sq. ft. 214 Supp. #2, 5-71 § 28-11.1 Zoning Apartment Type Net Area 2 bedrooms with each individual bed- room area permanently partition- ed from the living areas 3 bedrooms with each individual bedroom area permanently partitioned from other living areas 4 bedrooms with each individual bedroom area permanently parti- tioned from other living areas Over 4 bedrooms, add 150 sq. ft. per additional room 700 sq. ft. 840 sq. ft. 990 sq. ft. § 28-12 (4) The minimum number of motor vehicle (auto) parking spaces required shall be not less than 1.70 per apartment living units. No "curb side" or "on -street" parking spaces will be considered in arriving at the above required number of park- ing spaces. (h) Accessory buildings. Accessory buildings are permitted. (i) Consideration of plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17. 1 (Planned Unit Development). (Ord. No. 90-59-3, § 7; Ord. No. 90-65-23, § 1; Ord. No. 90-65-24, § 1; Ord. No. 90- 65-27, § 2; Ord. No. 90-71-46, § 1; Ord. No. 90-74-63, § 1. ) Sec. 28-11. 1. Residence "C-1" (RC -1) Districts.3 The following regulations shall apply within each Residence "C-1" District: (a) Permitted uses. Within any Residence "C-1" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for other than the following specified purpose: (1) Trailer parks for residential purposes. (b) Consideration of plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17. 1 (Planned Unit Development). (Ord. No. 90-70-35, § 1; Ord. No. 90-74-63, § 1. ) Sec. 28-12. Residence "D" (RD) Districts. The following regulations shall apply within each Residence "D" District: 3. As to requirements for trailer parks generally, see ch. 26 of this Code. 215 Supp. #5, 12-74 § 28-12.1 Atlantic Beach City Code § 28-12.1 (a) Permitted uses. Within any Residence "D" District, as indicated on the zoning map, no building or premises shall be used, and no building or structure shall be erected, which is intended or designed to be used in whole or in part, for other than one or more of the following specified. purposes: (1) Any use specified in sections 28-6, 28-8, 28-10 or 28-11. (2) Plant nurseries , children's nurseries or other home industry operated solely by members of the family and employing no outside help , air- ports and related services and facilities,. golf courses and municipal utility and service facilities. (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side . yard required. The requirements shall be the same as those for a Residence "A" District. (e) Rear . yard required. The requirements shall be the same as those for a Residence "A" District. (f) Building height . The requirements shall be the same as those for a Residence "A" District. (g) Minimum lot coverage. In any type of residential structure, each living unit shall have as a minimum eight hundred fifty square feet of enclosed living area. (h) Accessory buildings. Accessory buildings are. permitted. (i) Off-street parking. Off-street parking shall beprovided as set out in subsection (h) of section 28-5. (j) Consideration of plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17.1 (Planned Unit Development) . (Ord. No. 90-59-3, § 8; Ord. No. 90-65-27, § 3; Ord. No. 90-71-44, § 1; Ord, No. 90-74-63, § 1.) Sec. 28-12 .1 . Residence "D-1" (RD -1) Districts. The following regulations shall apply within each Residence "D-1" District: (a) Permitted uses. Within any Residence "D-1" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for other than the following specified use: (1) Town houses designed wherein each building or structure in the development contains not more than six single-family units, and shall be con- structed with durable maintenance -free exterior materials. (b) Building site area required. Building site areas shall comply with all applicable regulations for multiple dwellings. Each interior single- family unit shall be on a parcel not less than twenty feet wide and each single - 216 Supp. #5, 12-74 § 28-15 Zoning § 28-15 (4) Restaurants, offices, ice delivery stations, laundries, shops for making articles sold at retail on the premises and for any other similar enter- prise, not a nuisance, the chief characteristic of which is a service to the neighborhood. (b) Prohibited uses. The following uses shall not bepermitted within a Business "A" District: (1) Amusement. park or circus. (2) Gasoline service station. (3) Vehicle repair garage. (4) Junk. yard. (5) Animal hospital. (6) Open air fruit or vegetable stand. (7) Trailer park. (8) Outside storage of stocks, supplies or equipment, exceptfor new and used motor vehicles, mobile homes , sales and repair service in busi- ness "A" property lying west of Mayport Road. No outside vehicle repair work, storedparts, bodies or junk allowed. (9) Any residential use on theground or first floor , except where such use is incident to the permitted business use. (10) In nonconforming gasoline service stations, vehicle garages, no vehicle repair work, except emergency work, shall be done out of doors, and no. parts, vehicle bodies or junk shall be stored out of doors. (c) . Front . yard. None required. (d) Side . yard. None required. (e) Rear . yard. None required. (f) Off-street parking. Off-street parking shall be provided as set out in subsection (h) of section 28-5. (Ord. No. 90-59-3, § 9; Ord. No. 90- 62-14, § 3; Ord. No. 90-69-34, § 1; Ord. No. 90-73-60, § 1.) Sec . 28-15 . Business "A-1" (BA -1) Districts. The following regulations shall apply within each Business "A-1" Dis- trict: 217 Supp. #5, 12-74 § 28-16 Atlantic Beach City Code § 28-16 (a) Permitted uses. Within any Business "A-1" District, no building orpremises shall be erected, used, arranged or designed to be used, in whole or in part, for other than one or more of the following specified. purposes: (1) Any uses specified in sections 28-6, 28-8, 28-10 or 28-11. (2) Hotels and motels. (3) Restaurants (except drive-in restaurants), cocktail lounges, barbershops, beauty. parlors, retail stores and similar businesses operated in conjunction with and within a hotel or motel. (b) Prohibited uses. The following uses shall beprohibited within any Business "A-1" District": (1) Filling stations. (2) Ice delivery stations. (3) Laundries. (4) Amusement park or circus. (5) Vehicle repair garages. (6) Junk yards. (7) Animal hospitals. (8) Open air fruit or vegetable stands. (9) Trailer parks. (c) Off-street. parking. Off-street parking shall be provided as set out in subsection (h) of section 28-5. (d) Building restriction line. No structure shall be erected nearer than seven and one-half feet to the east 157.65 feet of the south line of the land described in section 1 of Ordinance No. 90-65-21, on file in the office of the city clerk. (Ord. No. 90-65-21, § 2.) Sec. 28-16. Business "B" (BB) Districts. The following regulations shall apply in each Business "B" District: (a) Permitted uses. Within any Business "B" District, no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following specified. purposes: 218 Supp. #5, 12-74 § 28-13 Zoning § 28-13 family end unit on a parcel not less than thirty feet wide. The minimum lot area per individual living unit shall not be less than one thousand eight hundred square feet. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. None required for interior units. Ten feet required on each end unit for every building. (e) Rear yard required. There shall be a rear yard having an area of not less than two hundred square feet bounded by side property lines, the rear property line and a line parallel to the rear property line passing through the rear most extremity of the main building, but in no case shall the building be closer than ten feet to the rear property line. (f) Building height. The requirements shall be the same as those for a Residence District. ttAtt (g) Minimum lot coverage. Each living unit with two bedrooms shall not be less than eight hundred fifty square feet of enclosed living area; for each unit with an addi- tional room, add one hundred square feet per room, (h) Accessory buildings. Accessory buildings are not permitted. (1) Off-street parking. For each family dwelling unit of any building hereafter erected for dwelling purposes, there shall be provided on the same lot therewith not less than one off-street paved parking space. Such off-street paved parking space shall not occupy any part of a required front yard. (j) Garbage collection. Provision shall be provided by the developer for central containerized garbage collection in the manner and capacity to be approved by the city manager. Suitable screening and location of the container shall be indicated on the plot plan. (k) Density. The maximum ratio of living units per acre of land shall not ex- ceed twenty units. (1) Consideration of plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17.1 (Planned Unit Development). (Ord. No. 90-71-43; Ord. No. 90-74-63, § 1. ) Sec. 28-13. Business "AA" (BAA) Districts. The following regulations shall apply within each Business "AA" District: 216. 1 Supp. #5, 12-74 § 28-14 Atlantic Beach City Code § 28-14 (a) Permitted uses. Within any Business "AA" District, no building orpremises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following or similar specifiedpur- poses constructed in the form of a complex creating a shopping center: (1) Retail stores. (2) Theaters. (3) Restaurants. (4) Offices. (b) Prohibited uses. The following uses shall not bepermitted with- in a Business "AA" District: (1) All industrial or manufacturing uses. (2) Any residential uses on the ground or first floor , except where such use is incidental to thepermitted business use. (3) Gasoline service stations. (4) In nonconforming gasoline service stations, no vehicle repair work, except emergency work, shall be done out of doors and no parts, ve- hicle bodies or junk shall be stored out of doors. (c) Building limits. No building setback limits from property lines are required, but it is intended that a common paved parking area of adequate size shall beprovided in front of the several businesses and that access shall be provided to the rear of all unitsfor service facilities. (Ord. No. 90-60-8, § 4; Ord. No. 90-62-14, § 2.) Sec . 28-14. Business "A" (BA) Districts. The following regulations shall apply within each Business "A" District: (a) Permitted uses. Within any Business "A" District, no building orpremises shall be erected, used, arranged or designed to be used in whole or inpart for other than one or more of the following specified. purposes: (1) Retail stores. (2) Hotels and motels. (3) Theaters. 216.2 Supp . #5, 12-74 § 28-16 Zoning § 28-16 (1) All uses permitted in Residence "A," "B" and "C" Districts. (2) All uses permitted in Business "A" Districts. (3) Gasoline service station, vehicle repair , garage, amusement park, circus; wholesale or storage of food, fodder , fuel, building material, cotton, wool, paper , furniture, hardware, ice, metal, machinery , paint and similar uses; produce market , steam laundry, cold storage plant , creamery , printing shop, wholesale baker, contractor's yard and other enterprises of similar character not injurious to neighboring property. (b) Prohibited uses. The following uses shall not bepermitted within a Business "B" District: (1) Junk. yards . (2) Manufacturing uses. 218.1 Supp. #5, 12-74 § 28-17 Zoning (c) Front yard. (1) Business, none required. (2) Residential, same requirements as Residence "A" Districts. (d) Side yard. (1) Business, none required. (2) Residential, same requirements as Residence "A" Districts. (e) Rear yard. (1) Business, none required. (2) Residential, same requirements as Residence "A" Districts. § 28-17. 1 (f) Off-street parking. Off-street parking shall be provided as set out in sub- section (h) of section 28-5. (Ord. No. 90-59-3, § 10; Ord. No. 90-62-14, § 4; Ord. No. 90-70-36, § 1.) Sec. 28-17. Industrial (IA) Districts. The following regulations shall apply in each Industrial District: (a) Permitted uses. Within any Industrial District, no building or premises shall be erected, used, arrangedor.designedto be used in whole or in part for other than one or more of the following specified purposes, which must first be approved by the city commission. Industrial uses permitted within the Industrial District shall be concrete block plants, concrete plants, bottling works, cigar factories, canning factories, plastic plants, electronic plants and any other industrial or manufacturing enterprises of similar character and extent not injurious to neighboring property. (b) Prohibited uses. The following uses shall not be permitted within an Indus- trial District: (1) Junk yards. (2) All residential uses. (c) Off-street parking. Off-street parking shall be provided as may be required by the city commission. (Ord. No. 90-59-3, § 11; Ord. No. 90-61-11, § 2. ) Sec. 28-17. 1. Planned unit development. (a) Intent and purpose. It is the intent and purpose of this section to encourage planning of land use, improvement and development as a single complex, rather than as an aggregation of individual buildings or units located on separate unrelated land 219 Supp. #4, 9-72 § 28-17. 1 Atlantic Beach City Code § 28-17. 1 plots, consisting of physical grouping of residences in clusters, townhouses or apart- ments, combination of individually owned units, condominiums and cooperatives, with related open spaces and community facilities and services, such as recreational, neighborhood retail and professional facilities essential to or supporting such land planning and development, to be known as "Planned Unit Development" or "PUD," which shall apply to all areas of the city whether zoned or unzoned, to subdivision or resubdivision of land and acreage replatting of existing platted land and wherever circumstances require deviation from standard zoning and subdivision regulations of the city specifying uses, lot area, and dimensions, yard, front and open space requirements, and shall also include land areas where appropriate for shopping centers, business and industrial uses. The provisions of this section are also in- tended to encourage the exercise of imaginative planning and design in the highest and best use of land areas for modern housing offering a variety of dwelling or other unit types. _ Architectural harmony and compatibility with the neighborhood can be stimulated by avoiding duplication of design, floor plan and roof design. When these concepts are not taken into consideration, there is a constant threat of the degradation of the community. Therefore, submittal of any plans that are of duplicate or similar de- sign or duplicate any existing design for construction in this city shall be referred to the city commission for approval. (b) Permissive application; principles of criteria. In order to provide greater flexibility in design, setbacks, dimensions and heights, and other limitations that would otherwise not be possible through the strict application of the standard zoning and subdivision regulations of the city, all applications for "PUD" zones under this section shall be permissive only, and shall grant no property right to any person, firm or corporation making application hereunder, and shall be subject to final ac- tion by the city commission, after public hearings hereinafter provided for, that a "PUD" is necessary and appropriate in order to provide and promote the public safety, health and general welfare, and that such a development if not generally in- consistent with the city's master zoning plan, and meets the following criteria: (1) Be large enough to form anintegral planning unit, and to provide for adequate open space, circulation, off-street parking and pertinent development amenities, and to be conveniently served by appropriately oriented facilities and services. (2) Be designed so that the diverse functional elements are integrated, are properly orientated and are well related to topography and natural landscape features. (3) Be well related to existing and proposed land use and circulation patterns of adjoining properties, and should not constitute a disrupting element with regard to the character of adjacent neighborhoods and communities. (4) Be planned to economize on street and utility improvements, but should provide adequate access for service and emergency vehicles as well as for residents and the general public. 220 Supp. #4, 972 § 28-17.1 Zoning § 28--17,1 (5) Have an internal system of streets designed to move vehicles safely and efficiently without dominating the overall design or disrupting the functions of other planned facilities or open spaces. (6) Appropriate and useable open space in the form of private parks, play areas, landscaped areas, water elements and walkways should be included immedi- ately adjacent to or accessible to all units contained in such development. (7) Community facilities should be grouped in locations which relate to the open space system in order to provide focal points for the overall design, and to maximize pedestrian and vehicle access. (8) Be based on and related to established planning standards, or where such standards are lacking, be adequate to meet the needs of such development, as deter- mined by competent planning and engineering consultants. - (9) In case of cluster housing, townhouses or apartments, condominiums or cooperatives and commercial or professional complexes, a private property owners association or corporation shall be formed to provide and assure the continuous main- tenance of open areas and community services and common facilities. (c) Application by sponsor. For areas where a sponsor considers "PUD" zone to be appropriate, such sponsor may file an application therefor with the city com- mission to designate the area a "PUD" zone. Such application shall be accepted for consideration by the city commission under the following conditions: (1) The sponsor shall be the owner of the area, or if not owned by the sponsor, the sponsor shallshow privity in writing with the owner or owners authorizing the sponsor to file the application. (2) The area shall be sufficiently large to permit development of a community or neighborhood, having a range of houses or dwellings, necessary facilities and off- street parking, compounds, parks, playgrounds or reservations of areas therefor, appropriately located and in harmony with the proposed "PUD." (3) The area shall be adaptable to a planned unit development and bounded by major thoroughfares, streets, waterways or other external boundaries, and as far as possible shall have within or through it no major thoroughfares or other physical features which would tend to destroy the neighborhood or community cohesiveness. (d) Data to accompany application. Together with the application for a "PUD" zone, there shall be submitted a tentative overall development plan, which shall show: (1) Topographic and surface drainage plans. (2) Proposed plot plan. (3) Proposed street or vehicular traffic system. 220.1 Supp. #4, 9-72 § 28-17.1 Atlantic Beach City Code § 28-17. 1 (4) Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces. (5) Proposed locations of any neighborhood business areas and off-street parking space therefor. (6) Proposed type of dwelling or other units, and portions of area proposed therefor. (7) Proposed location or plot plan of buildings, garages and/or other struc- tures and parking spaces. (8) Tabulation of the total number of acres in theproposed planned unit de- velopment, and the percentage thereof designated for each of the proposed land uses, dwelling types, neighborhood retail businesses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations. (9) A tabulation of the overall dwelling or other type unit density per gross acre. (10) Preliminary plans and elevations of the several types of structures and/ or improvements proposed. (e) Consideration by advisory planning board. Upon receipt of application for a "PUD" zone, fulfilling the applicable requirements of subsections (b), (c) and (d) of this section, the same shall be taken under consideration by the board, as follows: (1) The board shall consider the application and proposed plan for the com- munity, the location, arrangement and size of lots, parks, school sites and other reservations of open spaces; the location, width and grade of streets; the location and arrangement of parking spaces; the location, arrangement and height of build- ings; the location, arrangement and design of neighborhood building areas and ac- cessory parking spaces; the gross densities proposed for the entire area, and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character of the neighborhood and its particular suit- ability for any one or more of the proposed uses. The board after due consideration shall make its recommendation to the city commission. (2) The city commission may approve the application as a tentative plan as submitted, or before approval, may require the sponsor to modify, alter, adjust or amend the application or any part thereof. (3) Upon approval of a tentative plan the city commission shall set the pro- posed "PUD" zone for a public hearing in the same manner as for public hearings re- quired prior to final adoption of city ordinances. (4) Following the public hearing on such proposed "PUD" zone, the city com- mission shall take the following action: Approve the application; or before approval require that the sponsor to further modify, alter, adjust or amend the application or any part thereof; or disapprove the application. 220.2 Supp. #4, 9-72 § 28-18 Zoning § 28-20 (5) If the application is approved by the city commission, the land area shall be placed in a "PUD" zone, and the sponsor, including the owner or owners, before beginning construction on the proposed development, shall submit to the city com- mission a final plan consistent with the application for the "PUD" zone. (6) The final plan, after adoption by the city commission, shall be deemed the official plan, and shall be signed by the mayor -commissioner and the city clerk, and by the sponsor and property owner or owners, who by such signing shall indicate agreement of their willingness to abide by the conditions and terms of such official plan. Thereafter, the building official of the city shall be authorized to issue build- ing permits authorizing construction in strict: accordance with the conditions and terms of the official plan. (7) An official plan for a "PUD" zone may be amended., ,the procedure there- for to be the same as in the case of an original application being made under subsec- tion (c) of this section. (f) Uses permitted. No building, structure or land shall be used, and no build- ing or structure shall be hereafter erected, structurally altered, enlarged or main- tained in a "PUD" zone unless the same meets the conditions and terms of the official plan, nor shall the same be occupied until the building official has issued a certificate of occupancy certifying that the improvement on that portion for which the permit was issued is complete and fulfills all of the terms and conditions of the official plan. (Ord. No. 52-72-1, §§ A to F. ) Sec. 28-18. Board of adjustment. The city commission shall appoint, by resolution, the board of adjustment as authorized by section 133 of the Charter of the city, and by resolution fill vacancies in the membership of the board as the same may arise. The board of adjustment shall have such powers and duties and shall exercise the same as provided and in the manner set forth in article XIV of the Charter of the city. (Ord„ No. 90-59-3, § 12.) Sec. 28-19. Chapter deemed minimum standards. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety and general welfare. (Ord. No. 90-59-3, § 15. ) Sec. 28-20. Conflicts with other laws, covenants, etc. Where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards or courts than are imposed or required by any existing provisions of law or ordinance or by any ease- ments, covenants or agreements, the provisions of this chapter shall control. Nothing in this chapter shall be construed as affecting any of the provisions of any Building Code or any other provision of this Code or other ordinance of the city 220. 3 Supp. #4, 9-72 § 28-21 Atlantic Beach City Code § 28-22 concerning the erection, repair, height, construction or alteration of a building. (Ord. No. 90-59-3, § 15.) Sec. 28-21. Business and industrial structures to be approved by city commission. All plans and specifications for structures in all business and industrial districts shall be submitted to the city commission by the building official for approval as to structure, use and structure location on the plot. All plans and specifications for structures in Business "AA" and Business "A" Districts proposed to be constructed as a shopping center complex, consisting of several stores, etc. , together with a common parking area, shall be submitted with complete over-all plans showing the layout of all buildings, parking and service facil- ities, front elevation of the proposed project, drainage, paving, curb and guttering and utilities plans. No building permit shall be issued in any business or industrial district until such approval is obtained. (Ord. No. 90-60-8, § 5; Ord. No. 90-61-11, § 3; Ord. No. 90-62-14, § 5.) Sec. 28-22. Liability for violations. The owner or occupant of any building or premises or part thereof where any- thing in violation of this chapter shall be placed or may be caused to exist, and any architect, builder, contractor, agent or person employed in connection therewith, and who may have assisted in the commission of any violation, shall each be guilty of a separate offense. (Ord. No. 90-59-3, § 14. ) 220.4 Supp. #4, 9-72 INDEX A ADOPTION BY REFERENCE. Building Code, § 6-8. Fire Prevention Code, § 9-3. Florida Model Traffic Ordinance, § 11-1. Personnel program, § 16-1. Plumbing regulations, § 17-1. ADVERTISING. Licenses. Fees, § 10-5. Noise, § 12-8. Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Struc- tures. ADVISORY PLANNING BOARD, §§ 2-6 to 2-11. See Planning. AGENCIES. Creation, etc. , char . , § 13. Licenses. Fees, § 10-5. Property. Transfer of records and property, char., § 173. Records. Publicity of records, char . , § 165. Removal of members, char . , § 162. AIRCRAFTS. Altitude. Minimum over city, § 14-2. Beaches. Use of beach for landing and taking off, § 14-1. AIR GUNS. Discharging, § 14-17. AIR RIFLES . Discharging, § 14-17. ALARMS. False fire alarms, § 9-1. 221 ALCOHOLIC BEVERAGES. Consumption. Hours when consumption prohibit- ed, §§ 3-1, 3-2. Vendor's premises, § 3-7. Licenses. Fees, § 10-5. Persons holding licenses to sell alcoholic beverages. Hours when sales, etc. , prohibit- ed, § 3-1. Persons not holding licenses to sell alcoholic beverages. Hours when sales, etc. , pro- hibited, § 3 -2. - Lights -2. - Lights . Premises selling alcoholic bever- ages, § 3-5. Musical equipment. Playing outside of buildings, § 3-6. Noise -producing equipment. Playing outside of buildings, § 3-6. Sale. Hours when sales prohibited, §§ 3-1, 3-2. Lighting requirements on premises, § 3-5. Locations where on -premises sales prohibited, § 3-4. Locations where permitted, § 3-3. On -premises sales. Locations where prohibited, § 3-4. Permitted. Locations where sales permitted, § 3-3. Registration, fingerprinting and photographing persons em- ployed, § 14-15. AMUSEMENTS. Persons employed in places of amusement. Registration, fingerprinting, etc. , § 14-15. ANIMALS AND FOWL. Beaches. Safety zone, § 5-6. Birds. Molesting, etc. , § 4-1. Supp. #5, 12-74 Atlantic Beach City Code ANIMALS AND FOWL (Cont'd) Birds (Cont'd) Noise, § 12-9. Sanctuary. City designated bird sanctuary, § 4-1. Shooting, molesting, etc. , § 4-1. Cats. See within this title, "Dogs and cats. " Dogs and cats. Confinement. Generally, § 4-5. Impoundment, § 4-4. Rabies control, § 4-5. Definitions, § 4-2. Destroying. Commission providing for by ordi- nance, char., § 125. Impoundment. Disposition of unredeemed animals, § 4-4. Grounds for impoundment, § 4-4. Redemption of animals, § 4-4. Unredeemed animals. Disposition of, § 4-4. Licenses. Commission providing for by ordi- nance, char. , § 125. Required, § 4-3. Tags, § 4-3. Rabies control, § 4-5. Registration. Required, § 4-3. Running at large, § 4-4. Trespassing upon property of another, § 4-4. Vicious dogs or cats, § 4-5. Impoundment. Dogs and cats. See within this title, "Dogs and cats. " Licenses. Dogs and cats. See within this title, "Dogs and cats. " Noise, § 12-9. Rabies control, § 4-5. ANNUITIES, §§ 16-12 to 16-16. See Officers and Employees. ANTIQUE SHOPS. Licenses. Fees, § 10-5. APPROPRIATIONS. See Finance. ARSONISTS. Reward for information leading to conviction, § 9-2. ARTIFICIAL STONE. Manufacturers. Licenses. Fees, § 10-5. ASSESSOR. City tax assessor. See Taxation. ATTORNEY. Appointment, char. , § 158. Duties, char., § 158. Qualifications, char. , § 158. Salaries, char. , § 159. ATTORNEY AT LAW. Licenses. Fees, § 10-5. AUCTIONS. Houses. Licenses. Fees, § 10-5. Noise, § 12-3. AUDITS. Independent annual audit of account, char. , § 24. AUTHORITY. Joint authority. Defined, § 1-2. 222 Supp. #5, 12-74 Index B BEER. See Alcoholic Beverages. BAIL BONDSMAN. Licenses. BELLS. Fees, § 10-5. Noise, §§ 12-1 to 12-10. See Noise. BAKERIES, Licenses. BEVERAGES. Fees, § 10-5. Alcoholic beverages, §§ 3-1 to 3-6. See Alcoholic Beverages. BARBERSHOPS. Licenses. BICYCLES. Fees, § 10-5. Renting, shops, etc. Licenses. BEACHES. Fees, § 10-5. Aircrafts. Use of beach for landing and BILLBOARDS. taking off, § 14-1. Licenses. Animals. Fees, § 10-5. Riding in restricted area, § 5-6. Barricades, § 5-7. BILLIARD HALLS. Closing. Licenses. Authority of director of public Fees, § 10-5. safety in emergencies, § 5-1. Clothes. BIRDS. Changing on beach, § 5-2. Molesting, etc. , § 4-1. Undressing or changing clothes on Noise, § 12-9. beach, § 5-2. Sanctuary. Director of public safety. City designated bird sanctuary, § Closing beaches in emergencies, § 4-1. 5-1. Shooting, molesting, etc., § 4-1. Refuse and garbage, § 5-4. Safety zone. BLACKSMITHS. Established, § 5-5. Licenses. Hours when regulations effective, Fees, § 10-5. § 5-5. Period when regulations effective, § BLASTING AGENTS. 5-5. Establishment of districts in which Regulations. storage restricted, § 9-5. Hours and period when effective, § 5-5. BOARDS. Vehicles. Advisory planning board, §§ 2-6 to Use in restricted area, § 5-6. 2-11. See Planning. BEAUTY SHOPS. Board of adjustment. Licenses. See Zoning. Fees, § 10-5. Continuity of offices, boards, com- missions or agencies, char. , § 175. 223 Supp. #5, 12-74 Atlantic Beach City Code BOARDS (Cont'd) Investigations by advisory boards, char., § 164. Plumbers. Board of examiners. See Plumbing. Property. Transfer of records and property, char., § 173. Records. Transfer of records and property, char., § 173. Removal of members, char. , § 162. Utility tax. Exemption, § 8-17. BOND ISSUES. Combination general obligation and revenue bonds. Authority of city to issue and sell, char. , § 150. General obligation bonds. Authority of city as to issuance and sale, char. , § 148. Combination general obligation and revenue bonds. Authority of city to issue and sell, char., § 150. Preparation of bonds by city attorney, char., § 158. Revenue certificates. Authority of city to issue and sell, char., § 149. Combination general obligation and revenue certificates. Authority of city to issue and sell, char. , § 150. Temporary borrowing, char. , § 76. BONDS. Master plumbers, § 17-8. Officers and employees, char. , § 167. Plumbers. Master plumbers, § 17-8. Signs and advertising structures, § 20-6. BOOKS. Agents. Licenses. Fees, § 10-5. Materials harmful to children. Sale, § 14-10. BORROWING MONEY. Bond issues. See Bond Issues. BOTTLES. Depositing glass bottles on streets, § 22-3. BOUNDARIES OF CITY, char. , § 2. BOWLING ALLEYS. Licenses. Fees, § 10-5. BROKERS. Licenses. Fees, § 10-5. BUDGET. Adoption. Certification of budget, char. , § 50. Date of final adoption, char. , § 49. Effective date, char., § 50. Failure to adopt, char. , § 49. Vote required, char. , § 48. Anticipated revenues. Classification, char. , § 58. Comparing with other years, char. , § 59 Detailed estimates of anticipated revenue, char., § 57. Appropriations. Establishment, char. , § 51. Balancing budget, char. , § 47. Certification, char. , § 50. Copies. Availability, char. , § 50. Decreasing items of budget, char. , § 46. 224 Supp. #5, 12-74 Index BUDGET (Cont'd) Decreasing items of budget (Cont'd) Balance of budget, char. , § 47. Effective date, char. , § 50. Estimates of revenue and expenditures. Obtaining from departments, etc. , char. , § 42. Expenditures. Comparing with other years, char.., § 61. Information to be shown on budget, char., § 61. Proposed expenditures. Information to be shown on budget, char., § 61. Filing copies, char. , § 50. Financial plan for budget year. Budget to provide, char. , § 57. Fiscal year, char. , § 41. Hearings. Conduct of hearings, char. , § 45. Further consideration of budget, char., § 46. Holding by manager, char. , § 42. Notice. Publication of notice of public hearing, char . , § 44. Increasing or decreasing items of budget, char. , § 46. Balance of budget, char. , § 47. Inspection by citizens, char. , § 43. Message. Capital improvements, char. , § 54. Capital program, char. , § 55. Changes in financial policy, char. , § 53. Current operations, char. , § 53. Explanatory budget message, char. , §§ 42, 53. Proposed financial policy, char. , § 53. Salient changes from previous year, char. , § 53. Supporting schedule, char. , § 56. New items. Considering, char., § 46. Preparation, char. , § 42. Printing, etc. , copies, char. , § 50. 225 BUDGET (Cont'd) Proposed expenditures to be shown in tabular form, char. , § 57. Public record, char. , § 43. Record. Public record, char. , § 43. Submission by manager, char. , § 42 Summary, char. , § 62. Surplus, char. , § 60. Tabulation. Information to be shown in tabular form, char. , § 57. Taxation. Certification of taxing authority, char., § 52. Establishing amount to be raised by property tax, char. , § 52. Year. Fiscal year, char. , § 41. • BUILDING AND LOAN ASSOCIATIONS. Licenses. Fees, § 10-5. BUILDINGS. Building official. Absence. Acting building official, § 6-4. Acting building official, § 6-4. Appointment, § 6-3. Assistants. Appointment, § 6-5. Creation of office, § 6-2. Duties, § 6-6. Inspector. Appointment, § 6-5. Numbering of buildings. See within this title, "Numbering buildings." Office created, § 6-2. Right of entry, § 6-7. Term of office, § 6-3. Code. Adoption, § 6-8. Amendments, § 6-10. Definitions, § 6-9. Prior rights, liabilities, etc. Effect of article and Code on, § 6-11. Electricity, H 7-1 to 7-12. See Electricity. Atlantic Beach City Code BUILDINGS (Cont'd) Fallout shelters, § 6-1. Taxation, § 8-3. Loitering in or about public buildings, § 14-7. Moving buildings. Licenses. Fees, § 10-5. Noise. Operations at night, § 12-6. Nuisances, § 13-1. Numbering buildings. Assignment of numbers, § 6-14. Attaching numbers to buildings, § 6-13. Duties of building official, § 6-14. Building official. Duties as to numbering of buildings, § 6-14. Defacing numbers, § 6-17. Districts. Street numbering districts. Designated, § 6-15. Removing numbers, § 6-17. Required, § 6-12. Street numbering districts. Designated, § 6-15. System, § 6-16. Numbering in accordance with system, § 6-12. Obstructing access to public buildings, § 14-7. Occupant. Defined, § 1-2. Officials. See within this title, "Building official . " Owner. Defined, § 1-2. Plumbing, §§ 17-1 to 17-14. See Plumbing. Public or religious buildings. Malicious injury to, § 14-8. Sewers and sewage disposal, §§ 19-1 to 19-16. See Sewers and Sewage Disposal. Shelters. Fallout shelters, § 6-1. Taxation, § 8-3. BUILDINGS (Cont'd) Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Structures. Subdivisions, §§ 23-1 to 23-11. See Subdivisions. Supplies. Licenses. Fees, § 10-5. Swimming pools, §§ 24-1 to 24-7. See Swimming Pools. Tenant, § 1-2. Water supply, §§ 27-1 to 27-22. See Water Supply. Zoning, H § 28-1 to 28-22; char. , §§ 127 to 147. See Zoning. BUSES. Licenses. Fees, § 10-5. BUSINESSES, OCCUPATIONS AND TRADES. Licenses, §§ 10-1 to 10-5. See Licenses. Solicitors, §§ 21-1 to 21-7. See Solicitors. CABINET SHOP. Licenses. Fees, § 10-5. CAFES. Licenses. Fees, § 10-5. CANDY MANUFACTURERS. Licenses. Fees, § 10-5. CARPENTER SHOPS. Licenses. Fees, § 10-5. 226 Index CATS, §§ 4-2 to 4-5. See Animals and Fowl. CEMENT. Manufacturers. Licenses. Fees, § 10-5. CERTIFIED PUBLIC ACCOUNTANT. Independent annual audit of accounts, char. , § 24. CHARGES. Sewers and sewage disposal. See Sewers and Sewage Disposal. CHARTER. Actions. Pending actions and proceedings Not abated by adoption of Charter, char. , § 177. Appropriations. See Finance. Assessments. Taxation, char. , §§ 110 to 126. See Taxation. Assessor. City tax assessor. See Taxation. Attorney. See Attorney. Bond issues, char. , §§ 148 to 150. See Bond Issues. Bonds. Official bonds of officers, etc. , char., § 167. Boundaries of city, char. , § 2 City attorney. See Attorney. City clerk. See Clerk. City commission. See City Commission. City comptroller. See Comptroller. City manager. See Manager. 227 CHARTER (Cont'd) City of Atlantic Beach. Incorporation, char. , § 2. City prosecutor. See Prosecutor. City tax assessor. See Taxation. City treasurer. See Treasurer. Clerk. City clerk. See Clerk. Commission. See City Commission. Comptroller. See Comptroller. Conflicting laws. Repeal of, char. , § 183. Continuance of contracts and public improvements, char. , § 176. Continuance of present officers, char., § 172. Continuity of offices, boards, com- missions or agencies, char. , § 175. Contracts. See Contracts. Damages. Suits against city. Procedure, char., § 160. Departments. Generally. See Departments. Effective date, char. , § 182. Effect on existing law, char. , Elections. Generally. See Elections. Submitting Charter to qualified voters, char., § 181. Existing law. Effect on, char. , § 169. Existing ordinances. Continuance in effect, char. , § 178. Expenditures. See Finance. Finance. Department, char. , §§ 63 to 76. See Finance. § 169. Atlantic Beach City Code CHARTER (Cont'd) CHARTER (Cont'd) Finance (Cont'd) Property (Cont'd) Generally. Transfer of records and property of See Finance. boards, departments, etc. , char., Fire department. § 173. See Fire Department. Prosecutor. Fiscal year, char. , § 41. See Prosecutor. Form of government, char. , § 3. Publication. Franchises. Definition of "publishing," char, , § See Franchises. 170. Improvements. Purchases. See Local Improvements. See Purchases. Incorporation of city, char. , § 2. Recall, char. , §§ 100 to 108. Initiative and referendum, char. , See Recall. §§ 88 to 99. Records. See Initiative and Referendum. Publicity of records, char. , § 165. Issuance of bonds, char. , H 148 to Transfer of records and property of 150. departments, boards, etc. , See Bond Issues. char. , § 173. Licenses, char. , §§ 125, 126. Referendum. See Licenses. Initiative and referendum, char. , §§ Manager. 88 to 99., See Manager. See Initiative and Referendum. Mayor. Repeal of conflicting laws, char. , § 183. See Mayor. Rights of officers and employees pre - Municipal court. served, char. , § 171. See Courts. Separability clause, char. , § 180. Ordinances. Short title, char. , § 179. See Ordinances. Submission to qualified voters, char. , Pending actions and proceedings. § 181. Not abated by adoption of Charter, Suits. char. , § 177. Against city. Personnel. Procedure, char. , § 160. See Officers and Employees. Taxation, char. , §§ 110 to 126. Police. See Taxation. See Police Department. Territorial boundaries of city, Powers of city. char. , § 2. Enumerated, char. , §§ 4, 9. Town of Atlantic Beach. Vested in city commission, char. , § 9. Abolished, char. , § 1. Present officers. Treasurer. Continuance, char., § 172. See Treasurer. Preservation of rights of officers and Year. employees, char. , § 171. Fiscal year, char. , § 41. Property. Zoning, char. , §§ 127 to 147. Taxation, char. , §§ 110 to 126. See Zoning. See Taxation. Title to property reserved to new CHILDREN. municipality, char. , § 174. See Minors. 228 CHIROPODISTS. Licenses. Fees, § 10-5. CHIROPRACTORS. Licenses. Fees, § 10-5. CHURCHES. Malicious injury to, § 14-8. Noise. Interfering with churches, § 12-10. Utility tax. Exemptions, § 8-17. CIGARETTES. Tax, §§ 8-11 to 8-13. See Taxation. CIRCUSES. Water supply. Temporary service, § 27-4. CITY. Defined, § 1-2. CITY ATTORNEY. See Attorney. CITY CLERK. See Clerk. CITY COMMISSION. Acts of city commission. By ordinance, char. , § 17. Agencies. Creation, etc. , char. , § 13. Assuming duties by commissioners after election, char. , § 14. Audit of accounts. Independent annual audit, char. , § 24. Budget, char. , §§ 41 to 62. See Budget. Composition, char. , § 5. Conflicts of interest of members, char. , § 166. Index 229 CITY COMMISSION (Cont'd) Defined, § 1-2. Departments. Creating, etc. , departments, char., § 13. Disqualifications of commissioner, char. , § 6. Duties. Assuming duties by commissioners after election, char. , § 14. Elections. Election of commissioners at large, char., § 5. Filling vacancies, ,char. ,- § 12. Form of government, char. , § 3. Judge of qualifications of members, char., § 15. Mayor -commissioner. Generally. See Mayor. Meetings. Absence from consecutive meetings Vacation of seat, char. , § 6. Excusing absence from meetings, char., § 6. Notice. Duties of clerk, char. , § 31. Presiding officer, char. , § 8. Head of city government, char. , § 8. Quorum, § 2-4. Regular meetings. Place of, § 2-2; char., § 14. Public, char. , § 14. Time and place, § 2-2; char. , § 14. Rules of conduct and procedure, § 2-5. Special meetings. Calling, § 2-3. Minutes. Keeping, char., § 16. Public inspection, char. , § 16. Nuisances, §§ 13-1 to 13-5. See Nuisances. Offices. Abolishing, char. , § 13. Ordinances. See Ordinances. • Atlantic Beach City Code CITY COMMISSION (Cont'd) Powers of city. Enumerated, char. , §§ 4, 9. Vesting powers of city in commission, char., § 9. Qualifications of commissioner, char., §§ 5, 6. Commi3sion to be judge of qualifica- tions, char. , § 15. Quorum, § 2-4. Recall, char. , §§ 100 to 108. See Recall. Removal of members of boards, com- missions or agencies, char. , § 162. Rules of procedure, char. , § 16. Salaries. Amount of salary for commissioner, char. , § 7. Seats. Designated, char., § 5. Vacation of seat. Absence from consecutive meetings, char. , § 6. Terms of commissioner, char. , § 5. Vacancies. Filling vacancies, char. , § 12. CITY COMPTROLLER. See Comptroller. CITY MANAGER. See Manager. CITY OF ATLANTIC BEACH. Incorporation, char., § 2. Property. Title to property reserved to new municipality, char. , § 174. Utility tax. Exemption, § 8-17. CITY PROSECUTOR. See Prosecutor. CITY SEAL. Custodian, char. , § 31. CITY TAX ASSESSOR. See Taxation. CITY TREASURER. See Treasurer. CIVIL SERVICE. See Officers and Employees. CLERK. Appointment, char. , § 31. Combining office with other offices, char. , § 31. Control of city commission, char. , § 31. Direction of city commission, char. § 31. Duties. Generally, char. , § 31. Oaths. Administering oaths, char. , § 31. Reference to city clerk. Construed to refer to officers of city, § 1-2. Salaries, char. , § 31 Term of office, char. , § 31. CLOTHING. Licenses. Fees, § 10-5. CLUBS. Licenses. Fees, § 10-5. COAL AND WOOD. Licenses. Fees, § 10-5. CODE. Building Code, §§ 6-8 to 6-11. See Buildings. Catchlines of sections, § 1-3. Cited. Hoer Code cited, § 1-1. Definitions generally, § 1-2. Designated. How Code designated, § 1-1. 230 Index CODE (Cont'd) Fire Prevention Code, §§ 9-3 to 9-8. See Fire Prevention Code. Plumbing Code. Adoption, § 17-1. Rules of construction, § 1-2. Sections. Catchlines of sections, § 1-3. Severability of parts, § 1-5. Violations. Continuing violations, § 1-6. General penalty, § 1-6. COIN OPERATED MACHINES. Licenses. Fees, § 10-5. COMMISSIONS. City commission. See City Commission. Continuity of offices, boards, com- missions or agencies, char. , § 175. Investigations, char. , § 164. Property. Transfer of records and property, char. , § 173. Records. Transfer of records and property, char., § 173. Removal of members, char. , § 162. Utility tax. Exemption, § 8-17. Zoning commission. See Zoning. COMPENSATION. See Salaries. COMPTROLLER. Appointment, char. , § 32. Combining office with other offices, char. , § 32. Control of city commission, char. , § 32. Direction of city commission, char. , § 32. Duties, char. , § 32. Powers, char. , § 32. 231 COMPTROLLER (Cont'd) Qualifications, char. , § 32. Salaries, char. , § 32. Term of office, char. , § 32. COMPUTATION OF TIME, § 1-2. CONDUCT. Disorderly conduct, § 14-3. CONTRACTORS. Licenses. Fees, § 10-5. CONTRACTS. Accounting control, char. , § 73. Alterations, § 8-8. Appropriations. Expenditures in excess of, char. , § 67. Unencumbered appropriations, char. , § 73, Awarding lowest responsible bidder, §.8-6. Bids. Rejection of bids and readvertise- ment, § 8-7. Charter. Continuance of contracts and public improvements, char. , § 176. City improvements of over one thousand dollars to be executed by contract, § 8-5. Conflicts of interest of members of commission, etc. , char. , § 166. Execution. Not executed until bond ordinance effective, char. , § 74. Improvements. Local improvements, char. , § 72. Ordinances. No contract executed until bond ordinance effective, char. , § 74. Preparation by attorney, char. , § 158. Unencumbered appropriations, char. , § 73. Supp. #1, 5-70 Atlantic Beach City Code COUNTY. Defined, § 1-2. COURTS. Judge of municipal court. See within this title, "Municipal court. " Municipal court. Chief of police. Attending court during sitting, char., § 37. City attorney. See Attorney. City prosecutor, char., § 156. Designated as "Municipal Court of the City of Atlantic Beach, Florida," char., § 151. Established, char. , § 151. Executive officer, char. , § 157. Fees. Disposition of, char. , § 154. Fines. Disposition of moneys collected as fines. char. , § 154. Remission, char. , § 155. Judge. Absence. Procedure in event of, char., § 152 Appointment, char. , § 151. Disqualification. Procedure in event of, char. , § 152, Powers, char., § 153. Presiding over by municipal judge, char. , § 151. Salary, char. , § 159. Sickness, Procedure in event of, char. , § 152. Term of office, char. , § 151. Penalties. Disposition of, char. , § 154. Remission, char. , § 155. Process. Execution and service, char. , § 157. Writs. Execution and service, char. , § 157. COURTS (Conti d) Noise. Interfering with courts, § 12-10. CURIOS AND NOVELTIES. Licenses. Fees, § 10-5. D DAMAGES. Suits against city. Procedure, char., § 160. DANCE HALLS. Licenses. Fees, § 10-5. DEALERS. Cars, secondhand merchandise, etc. Licenses. Fees, § 10-5. DECORATING. Interior decorating. Licenses. Fees, § 10-5. DEFINITIONS. Code, § 1-2. Dogs and cats, § 4-2. Minors, § 14-9. Ordinances, § 1-2. Refuse, garbage and weeds, § 18-1. Subdivisions, § 23-1. Trailers and trailer parks, § 26-1. Zoning, § 28-1. DELICATESSEN. Licenses. Fees, § 10-5. DELINQUENT CHILDREN, § 14-12. DENTISTS. Licenses. Fees, § 10-5. 232 Supp. #1, 5-70 Index DEPARTMENTS. Administrative departments, char. , § 28 Allotments of appropriations, char. , §§ 64, 65. Appropriations. Generally. See Finance. Continuity of offices, boards, com- missions or agencies, char. , § 175. Contracts. Restrictions on entering into certain contracts, char. , § 67. Creation, char. , § 13. Directors. Head of each department, char. , § 29. Divisions. Chief. Heads of department serving as, char., § 29. Establishment, char. , § 30. Work distributed among divisions, char. , § 30. Established, char. , § 28. Expenditures. Restrictions, char. , § 67. Finance, char. , §§ 63 to 76. See Finance. Fire department, §§ 9-9 to 9-30. See Fire Department. Heads of departments. Serving as chiefs of division, char., § 29. Investigations by commission, etc. , char., § 164. Personnel. See Officers and Employees. Police. See Police Department. Property. Transfer of records and property, char., § 173. Public safety, char. , §§ 35 to 40. See Public Safety. Records. Publicity of records, char. , § 165. 233 DEPARTMENTS (Cont'd) Records (Cont'd) Transfer of records and property, char., § 173. Two or more headed by same person, char., § 29. Work programs. Submitting to city manager, char. , § 64. DEPARTMENT STORES. Licenses. Fees, § 10-5. DEPOSITORIES. Funds of city. Depositing in depository by treasurer, char., § 34. Withdrawing and dispersing funds, char., § 34. DINING ROOMS. Licenses. Fees, § 10-5. DIREC TORS. Finance. See Finance. Public safety. See Public Safety. DISORDERLY CONDUCT, § 14-3. DISTRICTS. Zoning, §§ 28-1 to 28-22. See Zoning. DOGS, §§ 4-2 to 4-5. See Animals and Fowl. DRUGSTORES. Licenses. Fees, § 10-5. DRY CLEANING PLANTS. Licenses. Fees, § 10-5. Supp. #5, 12-74 Atlantic Beach City Code DWELLINGS. Buildings generally, §§ 6-1 to 6-17. See Buildings. E EATING PLACES . Licenses. Fees, § 10-5. ELECTIONS. Absentee voting, char . , § 85. Ballots. Candidates. Writing in of candidates, char. , § 84. Writing in of candidates, char. , § 84. Candidates. Writing in of candidates, char . , § 84. Canvass of returns , char. , § 87. Charter . Submitting Charter to qualified voters, char. , § 181. City commission. Election of commissioners at large, char . , § 5. Clerk. Appointment , char . , § 78. Voter registration rolls, § 2-1.1. Electors. Qualifications, char. , § 79. Fraud. Regulations for . prevention of fraud, char . , § 78. General elections. Candidates. Certified candidates or nominees of general elections, char . , § 82. Declared elected, char . , § 83. Not required to enter , char. , § 82. Tie vote, char., § 83. Time of holding, char., § 83. When primary election considered general election, char. , § 83. ELECTIONS (Conti d) Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. Inspectors. Appointment, char. , § 78. Nominations, char. , § 81. Ordinances. Governing elections by ordinance, char., § 86. Polls. Hours to be open, char. , § 87. Primary elections. Candidates. Certified candidates, char. , § - 82. Declaring candidate regularly elected and not required to enter general election, char., § 82. Purpose of holding, char. , § 82. Time of holding, char., § 82. Recall, char. , §§ 100 to 108. See Recall. Referendum. Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. Registration. Officer designated, char. , § 31. Requirements generally , char. , § 80. Voter registration rolls, § 2-1.1. Regulations for conduct. By ordinance of city commission, char., § 78. Returns. Canvass of returns, char. , § 87. State law Governing elections by state law , char., § 86. Voters. Absentee voting, char, , § 85. Qualifications of electors, char. , § 79. Registration, char . , § 80. Rolls , § 2-1.1. 234 Supp. #5, 12-74 ELECTRICITY. Appliances. Retail. Licenses. Fees, § 10-5. Certificate of competency. Journeyman electrician, § 7-4. Master electrician, § 7-4. Employing only certified elec- tricians, § 7-6. Enforcement of regulation, § 7-2. Index 234.1 Supp. #5, 12-74 Index ELECTRICITY (Cont'd) Equipment. Standards, § 7-3. Inspections. Building official or designated agent. Duties, § 7-8. Fees, § 7-9. Interfering with inspector, § 7-12. Permits Prerequisite to inspection, § 7-10. Prerequisite to inspection. Permit, § 7-10. Right of entry of inspector, § 7-11. Installations. Standards, § 7-3. Journeyman electrician. Certificate of competency, § 7-4, Master electricians. Certificate of competency, § 7-4. Employing only certified electri- cians, § 7-6. Name. Not to allow improper use of name, § 7-5, Materials. Standards, § 7-3. National Electrical Code. Applicability, § 7-3. National Electrical Safety Code. Applicability, § 7-3. Permits. Issuance, § 7-7. Prerequisite to inspection, § 7-10. Required, § 7-7. Purpose of regulations, § 7-1. Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Structures. Standards. Materials, installations, etc. , § 7-3. Tax on utilities, §§ 8-14 to 8-18. See Taxation, Trailers and trailer parks, § 26-2. Wiring. Standards, § 7-3. 235 EQUIPMENT. Purchases, §§ 8-4 to 8-10. See Purchases. EXCAVATIONS. Streets and sidewalks, § 22-4, EXHIBITIONS. Obscene exhibitions. Participation in, § 14-13. EXPENDITURES. See Finance. EXPLOSIVES. Establishment of districts in which storage restricted, § 9-5. EXPOSURE. Indecent exposure, §§ 14-4 to 14-6. See Indecency, EXPRESS COMPANIES. Licenses. Fees, § 10-5, F FAIRS. Water supply. Temporary service, § 27-4. FALLOUT SHELTERS, § 6-1. Taxation, § 8-3, FALSE FIRE ALARMS, § 9-1. FEES. Collection. Treasurer's duty, char. , § 34. - FELONIES. Questioning of persons in public places, § 14-14. FENCES. Swimming pools, § 24-1. Supp. #2, 5-71 Atlantic Beach City Code FINANCE. Allotments. Expenditures for departments, etc. Constitute basis of expenditures and are subject to revision, char. , § 65. Appropriations. Allotments of appropriations for departments, etc., char., § 64. Constitute basis of expenditures and are subject to revision, char., § 65. Contracts. See Contracts. Emergency appropriations, char., § 75. Expenditures in excess of, char., § 67. Lapse at end of year, char., § 68. Purchases. See Purchases. Transfers, char., § 66. Audit of accounts. Independent annual audit, char., § 24, Bond issues, char., §§ 148 to 150. See Bond Issues. Borrowing money, Bond issues. See Bond Issues. Budget, char., §§ 41 to 62. See Budget. City comptroller. See Comptroller. City treasurer. See Treasurer. Collection of fees, funds, etc. Treasurer's duty, char. , § 34. Comptroller. City comptroller. See Comptroller. Contracts. See Contracts. Department. Designated, char., § 28. Established, char. , § 63. Head of department. Director, char., § 63. FINANCE (Cont'd) Depositories. Funds of city. Depositing in depository by treasurer, char., § 34. Withdrawing and dispersing funds, char., § 34. Director. Appointment, char. , § 63. Duties, char. , § 63. Head of department, char. , § 63. Powers, char., .§ 63. Qualifications, char., § 63. Emergency appropriations, char., § 75. Expenditures. Allotments constitute basis of expendi- tures and are subject to revision, char., § 65. Emergency :appropriations, char., § 75. Exceeding appropriations prohibited, char., § 67. Withdrawing and dispersing funds. from depository, char., § 34. Fees. Belonging to city government, char., § 69. Payment to city treasury, char., § 69. Fiscal year, § 8-1; char. , § 41. Franchises. See Franchises. Licenses, §§ 10-1 to 10-5. See Licenses. Purchasing, §§ 8-4 to 8-10. See Purchases. Records. Publicity of records, char., § 165, Suits against city. Procedure, char., § 160, Treasurer. City treasurer. See Treasurer. Work programs. Allotments of appropriations for departments, etc. , char. , § 64. Submitting to city manager by heads of departments, etc. , char. , § 64. 236 Supp. #2, 5-71 Index FINANCE (Cont'd) Year. Fiscal year, § 8-1; char. , § 41. FIREARMS. Discharging, § 14-17. FIRE DEPARTMENT. Alarms. Chief of police and other peace officers responding to, § 9-11. Companies responding to, § 9-16. Equipment for turning in and notify- ing members, § 9-28. False fire alarms, § 9-1. Apparatus and equipment. Alarms. Equipment for turning in alarms and notifying members, § 9-28. Concealing, § 9-29. Handling of equipment. Unauthorized, § 9-30. Housing, § 9-27. Unauthorized entry into buildings, § 9-30. Maintaining required apparatus and equipment, § 9-25. Private use, § 9-29. Purchases. Recommendations, § 9-26. Required apparatus and equipment, § 9-25. Unauthorized entry into buildings, § 9-30. Arsonists. Reward for information leading to conviction, § 9-2. Cards. Issuing to members, § 9-9. Chief. Abatement of hazards, § 9-19. Alarms. Responding of companies to alarms, § 9-16. Appointment, § 9-13; char. , § 39. Authority, char. , § 40. Companies. Determination of number of com- panies, § 9-16. 237 FIRE DEPARTMENT (Cont'd) Chief (Cont'd) Compensation, char. , § 39. Drills, § 9-17. Duties, char. , § 40. Efficiency. Responsibility for, § 9-15. Fire Prevention Code, §§ 9-3 to 9-8. See Fire Prevention Code. Hazards. Abatement, § 9-19. Head of fire department, char. , §39. Inspections, Hazards. Orders to abate, § 9-19. Right of entry, § 9-19. Instruction, § 9-17. Investigations, § 9-18. Meetings of commission. Attending, char. , § 40. Morales. Responsibility for, § 9-15. Personnel. Responsibility for, § 9-15. Qualifications, § 9-13. Records. Keeping, § 9-20. Removal, char. , § 39. Reports. Annual, § 9-22. Monthly, § 9-21. Residence requirements, § 9-13. Rules and regulations. Establishment, § 9-15. Term of office, § 9-13. Companies. Number of companies, § 9-16. Responding to alarms, § 9-16. Composition, § 9-23. Discharge of members, § 9-24. Drills. Duties of chief, § 9-17. Efficiency. Responsibility of chief, § 9-15. Equipment. See within this title, "Apparatus and equipment." Established, char. , § 35. Atlantic Beach City Code FIRE DEPARTMENT (Cont'd) False fire alarms, § 9-1. Fire Prevention Code, §§ 9-3 to 9-8. See Fire Prevention Code. Hearings. Before city commission on charges as to suspension or discharge, § 9-24. Inspections. Chief. See within this title, "Chief." Instructions. Duties of chief, § 9-17. Investigations. Chief. See within this title, "Chief." Morales. Responsibility of chief, § 9-15. Number of members, § 9-23. Officers. Appointment, § 9-14. Enumeration, § 9-12. Removal, § 9-14. Peace officers. Responding to alarms, § 9-11. Personnel. Responsibility of chief, § 9-15. Police. Responding to alarms, § 9-11. Powers, § 9-10. Qualifications of members, § 9-23. Rank. Issuance of cards to members, § 9-9. Rewards. Information leading to conviction of arsonists, § 9-2. Supervisory head of department. Director of public safety, char. , § 35. Suspension of members, § 9-24. FIRE ESCAPES. Signs and advertising structures. Obstructing fire escapes, § 20-11. FIRE PREVENTION CODE. Adoption, § 9-3. Blasting agents. Establishment of districts in which storage restricted, § 9-5. FIRE PREVENTION CODE (Cont'd) Chief of fire department. Appeals from actions of, § 9-7. Enforcement, § 9-4. Explosives. Establishment of districts in which storage restricted, § 9-5. Flammable liquids. Establishment of districts in which storage restricted, § 9-5. Gas. Liquefied petroleum gases. Establishment of districts in which storage restricted, § 9-5. Liquefied petroleum gases. Establishment of districts in which storage restricted, § 9-5. Modifications, § 9-6. Penalty for violations, § 9-8. Imposition not to excuse violation, § 9-8. Prohibited conditions. Removal, § 9-8.. Violations. Imposition of penalty not to excuse, § 9-8. Penalty, § 9-8. Removal of prohibited conditions, § 9-8. Separate offenses, § 9-8. FISCAL YEAR, § 8-1; char. , § 41. FLAMMABLE LIQUIDS. Establishment of districts in which storage restricted, § 9-5. FLORISTS. Licenses. Fees, § 10-5. FOLLOWING. Defined, § 1-2. FOOTWAYS. Nuisances, § 13-1. FOWL. See Animals and Fowl. 238 Index FRANCHISES. Granting. Power of city, char. , § 109. Initiative and referendum. Approval of ordinance by referendum, char. , § 109. Ordinances. Granting by ordinance, char., § 109. Streets and sidewalks. Granting of franchises, char., § 109. FRAUD. Elections. Regulations for prevention of fraud, char. , § 78. FRUITS. Stands, peddlers, etc. Licenses. Fees, § 10-5. FUEL OIL. Service. Licenses. Fees, § 10-5. Utility tax, §§ 8-14 to 8-18. See Taxation. FUNDS. Sewer plant fund, § 19-18. FURNITURE STORES. Licenses. Fees, § 10-5. G GARAGES. Licenses. Fees, § 10-5. GARBAGE. See Refuse, Garbage and Weeds. GAS. Dealers. Licenses. Fees, § 10-5. 239 GAS (Cont'd) Liquefied petroleum gases. Establishment of districts in which storage restricted, § 9-5. Metered or bottled gas. Tax on utility, §§ 8-14 to 8-18. See Taxation. GENDER. Words importing the masculine gender only. Extended and applied to females, etc. , § 1-2. GENERAL PENALTY, § 1-6. GLASS. Depositing on streets, § 22-3. GONGS. Use on vehicles, § 12-4. GOODS, WARES AND MERCHANDISE. Solicitors, §§ 21-1 to 21-7. See Solicitors. GROCERS. Licenses. Fees, § 10-5. GUNS. Air guns. Discharging, § 14-17. H HARDWARE STORES. Licenses. Fees, § 10-5. HEALTH AND SANITATION. Animals and fowl, §§ 4-1 to 4-5. See Animals and Fowl. Garbage. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. Supp. #4, 9-72 Atlantic Beach City Code HEALTH AND SANITATION (Cont'd) Nuisances, H 13-1 to 13-5. See Nuisances. Rabies control, § 4-5. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. Sewers and sewage disposal, §§ 19-1 to 19-16. See Sewers and Sewage Disposal. Water supply, §§ 27-1 to 27-22. , See Water Supply. Weeds. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. HOLIDAYS. Officers and employees, § 16-2. HORNS. Noise, §§ 12-1 to 12-10. See Noise. HOTELS. Licenses. Fees, § 10-5. HOUSE MOVERS. Licenses. Fees, § 10-5. HOUSES. Buildings generally, §§ 6-,1 to 6-17. See Buildings. ICE. Licenses. Fees, § 10-5. ICE CREAM. Licenses. Fees, § 10-5. IMPOUNDMENT. Dogs and cats, § 4-4. IMPROVEMENTS. See Local Improvements. INDECENCY. Indecent- exposure. Abetting or procuring, § 14-5. Aiding, § 14-5. Premises. Use for prohibited acts, § 14-6. Procuring, § 14-5. Prohibited, § 14-4. Signs and advertising structures, § 20-9. INFANTS. See Minors. INITIATIVE AND REFERENDUM. Ballots. Form of ballot for initiated and re- ferred ordinances, char., § 96. Electors. List of qualified electors. Availability, char. , § 97. Results of election, char. , § 98.. Submission of ordinances to electors, char., § 95. Franchises. Approval of ordinance by referendum, char. , § 109. Initiative. Power of initiative, char. , § 88. Ordinances. Amending, char. , § 99. Ballots. Form of ballot for initiated and re- ferred ordinances, char., § 96. Effective date, char. , § 21. Posting, char. , § 99. Repealing, char. , § 99. Results of election, char. , § 98. Subject to permissive referendum, char. , § 21. Submission to electors, char. , § 95. Petitions. Amendment, char. , § 92. Certification, char. , § 91. Effect of certification of referendum petition, char. , § 93. 240 Supp. #4, 9-72 Index INITIATIVE AND REFERENDUM (Cont' d) Petitions (Cont'd) Committee of petitioners, char. , § 90. Consideration by commission, char., § 94. Examination, char., § 91. Filing, char. , § 91. Form, char . , § 90. Powers. Initiative, char., § 88. Referendum, char . , § 89. Referendum. Powers of referendum, char . , § 89. Results of election, char., § 98. INTOXICATING LIQUORS. See Alcoholic Beverages. J JEWELERS. Licenses. Fees, § 10-5. JOINT AUTHORITY. Defined, § 1-2. JUDGE. Municipal court. See Courts. K KEROSENE. INJURIES. Utility tax, §§ 8-14 to 8-18. Malicious injury to public or See Taxation. religious buildings or property, § 14-8. KINDERGARTENS. Licenses. INSURANCE. Fees, § 10-5. Agencies. Licenses. L Fees, § 10-5. Casualty risk insurance. LAND. Licenses. Occupant. Fees, § 10-5. Defined, § 1-2. Insurers. Owner. Licenses. Defined, § 1-2. Fees, § 10-5. Subdivision of land, §§ 23-1 to Time of payment, § 10-5. 23-11. Old age and survivors insurance. See Subdivisions. Social security, §§ 16-4 to 16-11. Tenant. See Social Security. Defined, § 1-2. Property insurance. Licenses. LAUNDRIES. Fees, § 10-5. Licenses. Signs and advertising structures, Fees, § 10-5. § 20-6. INTERIOR DECORATING. Licenses. Fees, § 10-5. 241 LICENSES. Agents. Responsibility, char . , § 126. Alcoholic beverages. See Alcoholic Beverages. Supp. #5 , 12-74 Atlantic Beach City Code LICENSES (Cont'd) Classification. Businessess falling under more than one, § 10-2. Compliance with city ordinances by licensees, § 10-3. Dogs and cats, § 4-3. Fees. Businesses falling . under more than one classifications, § 10-2. Businesses operated at more than one location, § 10-2. Schedule of fees, § 10-5. (See particular titles of busi- nesses, etc. , throughout this index.) Half-year licenses, § 10-1. Issuance. Half-year licenses, § 10-1. Locations. Businesses operated at more than one location, § 10-2. Occupational license tax year, § 10-1.1. Ordinances. Licensees to comply with city ordinances, § 10-3. Period covered by licenses, char., § 126. Plumbing. See Plumbing. Purpose, char . , § 125. Revocation, § 10-4. Schedule of fees, § 10-5. (See particular titles of busi- nesses, etc. , throughout this index.) Tax. Amount. Fixing by commission, char., § 125. Collection. Authority of commission, char., § 125. Evidence of liability of person for payment, char. , § 126. LICENSES (Cont'd) Tax (Cont'd) Imposition. Authority of city commission, char., § 125, Indebtedness to city, char. , § 125. Levy. Authority of commission, char , , § 125. Payment. Evidence of liability of . person for . payment, char„ , § 126. Failure to pay, char„ § 125, Tax year. Occupational license tax year, § 10-1.1. Term, char., § 126. Trailer parks and tourist camps, §§ 25-3, 26-4. See Trailers and Trailer Parks. Transferability, char., § 126. LIGHT AND POWER. Electricity, §§ 7-1 to 7-12. See .Electricity. LINEN SUPPLY. Licenses. Fees, § 10-5. LIQUEFIED PETROLEUM GASES. Establishment of districts in which storage restricted, § 9-5. LIQUORS. Intoxicating liquors. See Alcoholic Beverages. LOAN ASSOCIATIONS. Licenses. Fees, § 10-5. LOCAL IMPROVEMENTS. Continuance of contracts and public improvements, char. , § 176. 242 Supp. #5, 12-74 Index LOCAL IMPROVEMENTS (Cont'd) Contracts, char., § 72. City improvements of over one thousand dollars to be ex- ecuted by contract, § 8-5. LOITERING, § 14-7. LOUDSPEAKERS. Noise. Generally, §§ 12-1 to 12-10. See Noise. Hours when use permitted, § 12-8. Permit required for advertising purposes, § 12-8. LUMBERYARDS. Licenses. Fees, § 10-5. M MAGAZINES. Licenses. Fees, § 10-5. Materials harmful to children. Sale, § 14-10. MAIL. Registered mail. Defined, § 1-2. MALICIOUS INJURY. To public or religious buildings or property, § 14-8. MANAGER. Absence. Designation of qualified admin- istrative officer to act, char., § 27. Qualified administrative officer to act in absence of manager, char., § 27. 242.1 Supp. #5 , 12-74 MANAGER (Cont'd) Appointment, char. , §§ 10, 25. Budget, char. , H § 41 to 62. See Budget. Departments. Generally. See Departments. Heading one or more departments, char., § 29.' Head of departments. Direction of city manager, char. , § 29. Director of public safety, § 2-1. Duties, char. , § 26. Generally, char. , § 10. Form of government, char. , § 3. Investigations, char. , § 164. Powers, char. , § 26. Enumerated, char. , § 4. Generally, char. , § 10. Qualifications, char. , § 25. Removal from office, char. , § 11. Removal of officers and emploYees, char., § 161. Residence requirements, char. , § 2 Right of manager in commission, char., § 163. Term of office, char. , § 11. MANUFACTURERS. Agencies. License. Fees, § 10-5. Licenses. Fees, § 10-5. MARBLE MACHINES. Licenses. Fees, § 10-5. MARKETS. Licenses. Fees, § 10-5. MATERIALS. Purchases, §§ 8-4 to 8-10. See Purchases. Index MAY. Word "may" is permissive, § 1-2. MAYOR. Absence. Mayor pro -tem. , char. , § 8. Disability. Mayor pro -tem. , char. , § 8. Duties. No regular administrative duties, char., § 8. Head of city government, char. , § 8. Instruments. Executing certain instruments to which city is party, char. , § 8. Mayor pro -tem. , char. , § 8. Meetings of commission. Presiding officer, char. , § 8. MILK. Licenses. Fees, § 10-5. 5. MINORS. Definitions, § 14-9. Delinquent children, § 14-12. Materials harmful to children. Sale to child, § 14-10. Motion pictures, etc. , harmful to children. Admission to or exhibition of, § 14-11. Shows, motion pictures, etc. , harm- ful to children. Admission to or exhibition, § 14-11. 243 MISDEMEANORS. State misdemeanors, § 14-16. MONTH. Defined, § 1-2. MOTELS. Licenses. Fees, § 10-5. Atlantic Beach City Code MOTION PICTURES. Licenses. Fees, § 10-5. Shows, etc. , harmful to children. Sale, admission to motion picture, etc. , harmful to children, §§ 14-10, 14-11. MOTOR VEHICLES AND TRAFFIC. Florida Model Traffic Ordinance. Adoption, § 11-1. One-way streets and alleys. Schedules of designated streets, etc., § 11-2. Parking. Prohibited. At all times on certain streets. Schedules of designated streets, etc. , § 11-2. Time limit on certain streets. Schedules of designated streets, etc., § 11-2. Signs. Signs and advertising structures obstructing view of, § 20-8. Speed limits. Schedules of designated streets, etc., § 11-2. Through streets. Schedules of designated streets, etc., § 11-2. MUD. Depositing on streets, § 22-3. MUNICIPAL COURT. See Courts. MUSIC. Noise. Regulations as to playing of musical instruments, § 12-5. Shops. Licenses. Fees, § 10-5. Use of noise -producing instruments outdoors on own premises, § 12-2. N NAILS. Depositing on streets, § 22-3. NATUROPATHS. Licenses. Fees, § 10-5. NEWSPAPERS. Licenses. Fees, § 10-5. NIGHTTIME. Noise. Operations at night, § 12-6. NOISE. Advertising, § 12-8. Animals and fowl, § 12-9. Auctions, § 12-3. Blowers. Muffling, § 12-7. Buildings. Operations at night, § 12-6. Churches. Interfering with churches, § 12-10. Courts. Interfering with courts, § 12-10. Engines. Muffling, § 12-7. Gongs. Use on vehicles, § 12-4. Loudspeakers. Hours when use permitted, § 12-8. Permit required for advertising purposes, § 12-8. Muffling of blowers, power fans and engines, § 12-7. Music. Regulations as to playing of musical instruments, § 12-5. Use of noise -producing instruments outdoors on own premises, § 12-2. Nighttime. Operations at night, § 12-6. Noise -producing instruments. Use outdoors on own premises, § 12-2. 244 Index NOISE (Cont'd) Permits, Loudspeaker for advertising purposes, § 12-8. Playing of musical instruments. Regulated, § 12-5. Power fans. Muffling, § 12-7. Prohibited. Unnecessary noise generally, § 12-1. Public places. Creation, etc., of noise in public places, § 12-3. Schools. Interfering with schools, § 12-10. Sirens. Use on vehicles, § 12-4. Taxicabs. Gaining passengers for cabs, etc. § 12-3. Unnecessary noise. Prohibited generally, § 12-1. Vehicles. Sirens, whistles, etc., on vehicles, § 12-4. Whistles. Use on vehicles, § 12-4. NOVELTIES. Licenses. Fees, § 10-5. NUISANCES. Enforcement of removal, suppression or abatement by city. Costs. Levy of special assessment against property, § 13-4. Lien on land, § 13-4. Generally, § 13-3. When action by city commission to be taken, § 13-3. Notice to remove, suppress or abate. Action by city commission following, § 13-3. Contents, § 13-2. Service of, § 13-2. 245 NUISANCES (Cont'd) Penalty in addition to other remedies, § 13-5. Prohibited. Certain acts, occurrences and con- ditions, § 13-1. Remedies. Penalty in addition to other remedies, § 13-5. NUMBER. Words importing the singular number only. Extended and applied to several per- sons, etc. , § 1-2. NUMBERING BUILDINGS, §§ 6-12 to 6-17. See Buildings. NURSERIES. Licenses. Fees, § 10-5. 0 OATHS. Clerk. Administering oaths, char., § 31. Defined, § 1-2. Officers and employees, char. , § 168. OBSCENITY. Material. Distribution of obscene material, § 14-13. 1. Shows. Participation in obscene shows, exhibitions, etc., § 14-13. Signs and advertising structures, § 20-9. OCCUPANT. Defined, § 1-2. OFFICERS AND EMPLOYEES. Abolishing offices. By city commission, char. , § 13. Supp. #2, 5-71 Atlantic Beach City Code OFFICERS AND EMPLOYEES (Cont'd) Advisory planning board, §§ 2-6 to 2-11. See Planning, Assessor, City tax assessor. See Taxation, Attorney. See Attorney, Bonds, char., § 167, Building official, §§ 6-2 to 6-7. See Buildings. Charter, Continuance of present officers, char., § 172, City attorney, See Attorney. City clerk. See Clerk. City commission. See City Commission, City comptroller. See Comptroller. City manager. See Manager. City prosecutor. See Prosecutor, City tax assessor. See Taxation, City treasurer. See Treasurer, Civil service. See within this title, "Personnel regulations." Conflicts of interest, char., § 166. Continuity of offices, boards, com- missions or agencies, char., § 175, Departments, Generally. See Departments. Personnel, See within this title, "Personnel regulations. " Elections, char, , §§ 78 to 87, See Elections. Fees. Belonging to city government, char., , § 69, Payment to city treasury, char., § 69, OFFICERS AND EMPLOYEES (Cont'd) Fire department, §§ 9-9 to 9-30. See Fire Department. Holidays, § 16-2. Investigations by commission, etc., char. , § 164. Mayor. See Mayor, Oaths, § 1-2; char., §§ 31, 168. Official bonds, char., § 167. Personnel regulations. Annuities. Payment. Cessation. Death of employee, § 16-16. Death of employee, Cessation of payment, § 16-16. Effective upon employee's retirement, § 16-15. General fund to include payment, § 16-12, Minimum monthly payment, § 16-14. Retirement, § 16-15, Qualifications of employees, § 16-13. Civil service board. Appointment, char, , § 77. Duties, char, , § 77. Powers, char., § 77. Qualifications of members, char., § 77, Removal of members, char., § 77. Service of board, char., § 77, Vacancies, char., § 77. Director, char., § 77. Duties, char., § 77, Powers, char., § 77, Provisions for, char., § 77, Qualifications, char., § 77. Personnel department. Designated, char., § 28. Establishment, char, , § 77. Program. Adoption, § 16-1, Amendments, § 16-2, Promotions. To higher grade pay levels, § 16-3. Social security, §§ 16-4 to 16-11. See Social Security, 246 Supp. #2, 5-71 Index OFFICERS AND EMPLOYEES (Cont'd) Plumbing inspector, § 17-3.° See Plumbing. Police department. See Police Department. Recall, char. , §§ 100 to 108., See Recall. Records. Publicity of records, char. , § 165. Reference to certain city officers. Construed to refer to officers of the City of Atlantic Beach, § 1-2. 246. 1 Supp. #1, 5-70 Index OFFICERS AND EMPLOYEES (Cont'd) Removal, char. , § 161. Right of officers in commission, char. , § 163. Rights preserved, char. , § 171. Social security, H § 16-4 to 16-11. See Social Security. OFFICE SUPPLY AND EQUIPMENT. Licenses. Fees, § 10-5. OIL. Dealers. Licenses. Fees, § 10-5. Fuel oil. Utility tax, H § 8-14 to 8-18. See Taxation. OLD AGE AND SURVIVORS INSURANCE. Social security, H § 16-4 to 16-11. See Social Security. OPTICIANS. Licenses. Fees, § 10-5. ORDINANCES. Actions of city commission, char. , § 17. Amendment. Prior to final passage, char. , § 20. Appropriations, char. , § 75. Charter. Existing ordinances to continue in effect, char. , § 178. Contracts. No contract executed until bond ordi- nance effective, char. , § 74. Definitions generally, § 1-2. Effective date, char. , § 21. Elections. Governing elections by ordinance, char. , § 86. Emergency ordinances, char. , § 23. 247 ORDINANCES (Cont'd) Enacting clause, char. , § 17. Florida Model Traffic Ordinance. Adoption, § 11-1. Franchises. Granting by ordinance, char. , § 109. Hearings, char. , H § 18 to 20. Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. Introducing. In writing, char. , § 18. Licenses. Licensees to comply with city ordi- nances, § 10-3. Oaths, char. , § 168. Passage. Amendment prior to passage, char. , § 20. Emergency ordinances, char. , § 23. Final passage, char. , H § 19, 20. Procedure, char., § 18. Second passage, char. , H 19, 20. Posting, char. , H 18, 20 to 22. Publication, char. , §§ 21, 22. Reading, char. , §§ 18, 19. Recordation; char. , § 31. Referendum. Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. Repeal. Effect of, § 1-4. Rules of construction, § 1-2. Violations. Continuing violations, § 1-6. General penalty, § 1-6. OSTEOPATHS. Licenses. Fees, § 10-5. OWNER. Defined, § 1-2. Supp. #5, 12-74 Atlantic Beach City Code 1' PERMITS (Cont'd) Solicitors. PAMPHLETS. See Solicitors. Materials harmful to children. Streets and sidewalks. Sale, § 14-10. Obstructing streets and sidewalks, § 22-1. PARADES. Swimming pools, § 24-5. Permits, § 22-2. Water supply. Consumer to grant city certain rights, PARKING LOTS. easements, permits, etc. , § 27-5. Licenses. Fees, § 10-5. PERSON. Defined, § 1-2. PARKS. Trailers and trailer parks, §§ 26-1 to PERSONNEL. 26-4. See Officers and Employees. See Trailers and Trailer Parks. PETITIONS. PEANUTS. Initiative and referendum, char. , §§ Licenses. 88 to 99. Fees, § 10-5. See Initiative and Referendum. Recall, char., §§ 100 to 108. PEDDLERS. See Recall. Licenses. Fees, § 10-5. PHONOGRAPHS. Coin operated machines. PENALTIES. Licenses. General penalty, § 1-6. Fees, § 10-5. PERIODICALS. PHOTOGRAPHERS. Licenses. Licenses. Fees, § 10-5. Fees, § 10-5. PERMITS. PHOTOGRAPHS. Digging up streets. Materials harmful to children. Public utilities, § 2-24. Sale, § 14-10. Electricity, § 7-7. See Electricity. PHYSICIANS. Loudspeaker for advertising purposes, Licenses. § 12-8. Fees, § 10-5. Parades and processions, § 22-2. Plumbing permits, §§ 17-10 to 17-13. PICTURES. See Plumbing. Materials harmful to children. Sewers and sewage disposal. Sale, § 14-10. Systems where city sewers not avail- able, §§ 19-10 to 19-14. PISTOLS. See Sewers and Sewage Disposal. Air pistols. Signs, H 20-3 to 20-5. Discharging, § 14-17. See Signs and Advertising Structures. 248 Supp. #5, 12-74 Index PLANNING. Advisory planning board. Certification of plans and recommenda- tions to city commission, § 2-11. 248. 1 Supp. #4, 9-72 Index PLANNING (Cont'd) Advisory planning board (Cont'd) Chairman. Election, § 2-7. City commission serving on board, § 2-7. Composition, § 2-7. Created, § 2-6. Duties, § 2-10. Filling of vacancies, § 2-8. Manager ex officio member, § 2-7. Members holding other public office, § 2-7. Officers, § 2-7. Plans. Certification of plans and recom- mendations to city commission, § 2-11. Qualifications of members, § 2-7. Recommendations. Certification of plans and recom- mendations to city commission, § 2-11. Removal of members, § 2-9. Terms of office of members, § 2-8. Vacancies. Filling of vacancies, § 2-8. Subdivisions, H § 23-1 to 23-11. See Subdivisions. Zoning, §§ 28-1 to 28-22; char. , H § 127 to 147. See Zoning. PLATS. Subdivisions generally, §§ 23-1 to 23- 11. See Subdivisions. PLUMBING. Approval prior to connection with water system, § 27-19. Board of examiners. Certificates. Applicants to appear in person, § 17-6. Doing plumbing work without certi- ficate, § 17-7. Expiration, § 17-9. 249 PLUMBING (Cont'd) Board of examiners (Cont'd) Certificates (Cont'd) Issuance, § 17-7. Creation, composition, etc. , § 17-4. Bonds. Master plumbers. Expiration of bonds, § 17-9. Prerequisite to issuance of plumbing permit, § 17-9. Required, § 17-8. Certificates of competency. Applicants for certificates to appear in person, § 17-6. Doing plumbing work without, § 17-7 Expiration, § 17-9. Issuance, § 17-7. Prerequisite to issuance of plumbing permit, § 17-9. Code. Adoption, § 17-1. Employing plumbers. Applicants for certificates to appear in person, § 17-6. Examination, § 17-5. Examinations. Applicants for certificates to appear in person, § 17-6. Board of examiners, § 17-4. Required. Master, employing and journeyman plumbers, § 17-5. Inspector. See within this title, "Plumbing inspector. " Journeyman plumbers. Applicants for certificates to appear in person, § 17-6. Examination, § 17-5. Liabilities, etc. , not affected, § 17- 14. Licenses. Master plumbers, § 17-8. Prerequisite to issuance of plumbing permit, § 17-9. Master plumbers. Bond, § 17-8. Supp. #1, 5-70 Atlantic Beach City Code PLUMBING (Cont'd) Master plumbers (Cont'd) Examination, § 17-5. License, § 17-8. Permit. Fees, § 17-12. Issuance. Certificate, bond and occupational license prerequisite to, § 17-9. Determination of ownership of secondhand fixtures prior to issuance, § 17-11. To whom issued, § 17-13. Required, § 17-10. Plumbing inspector. Appointment, § 17-3. Qualifications, § 17-3. Prior rights, liabilities, etc. , not affected, § 17-14. Rights, liabilities, etc. , not affected, § 17-14. Sewers and sewage disposal, § 19-1 to 19-16. See Sewers and Sewage Disposal. Supplies. Licenses. Fees, § 10-5. Swimming pools. See Swimming Pools. Trailers and trailer parks, § 26-2. Water supply, §§ 27-1 to 27-22. See Water Supply. POLES AND WIRES. Electricity, §§ 7-1 to 7-12. See Electricity. Signs and advertising structures, § 20-1 to 20-24. See Signs and Advertising Structures. POLICE DEPARTMENT. Animals and fowl, §§ 4-1 to 4-5. See Animals and Fowl. Arrests. Procedure as to, char. , § 38. Chief. Appointment, char. , § 36. POLICE DEPARTMENT (Cont'd) Chief (Cont'd) Arrests. Procedure as to, char. , § 38. Authority, char. , § 37, 38. Compensation, char. , § 36. Duties, char. , § 37. Head of department, char. , § 36. Meetings of commission. Attending, char. , § 37. Powers, char. , § 38. Reference to chief of police. Construed to refer to officer of the city, § 1-2. Removal from office, char. , § 36. Established, char. , § 35. Motor vehicles and traffic, §§ 11-1, 11-2. See Motor Vehicles and Traffic. Questioning persons in public places, § 14-14. Supervisory head of department. Director of public safety, char., § 35. Weapons. Dangerous weapons search, § 14-14. POOLROOMS. Licenses. Fees, § 10-5. POOLS. Swimming pools, § 24-1 to 24-7. See Swimming Pools. POPCORN. Licenses. Fees, § 10-5. POULTRY AND EGGS. Licenses. Fees, § 10-.5. POWERS OF CITY. Enumerated, char. , § 4, 9. Vested in city commission, char. , § 9. 250 Supp. #1, 5-70 Index PRECEDING. Defined, § 1-2. PRESSING CLUB. Licenses. Fees, § 10-5. PRINTING. Licenses. Fees, § 10-5. PROCESSIONS. Permits, § 22-2. PROPERTY. Malicious injury to property, § 14-8. Title to property reserved to new municipality, char. , § 174. Transfer of records and property of boards, departments, etc. , char. , § 173. PROSECUTOR. Appointment, char., § 156. Duties, char. , § 156. Position may be created, char. , § 156. Powers, char. , § 156. Salaries, char., § 159. PRO SHOP, GOLF. Licenses. Fees, § 10-5. PUBLICATION. Definition of "publishing," char. , 170. Ordinances, char., §§ 21, 22. Zoning. Hearings, char. , § 130. PUBLIC PLACES. Defined, § 1-2. Loitering in or about, § 14-7. Noise. Creation, etc. , of noise in public places, § 12-3. Questioning of persons in public places, § 14-14. 251 PUBLIC PLACES (Cont'd) Weapons. Dangerous weapons search, § 14-14. PUBLIC SAFETY. Beaches. Generally, §§ 5-1 to 5-7. See Beaches. Director. Absence. City manager as director, char. , § 35: City manager designated, § 2-1; char., § 35. Closing use of ocean or beach in emergencies, § 5-1. Supervisory head of police and fire department, char. , § 35. PUBLIC UTILITIES. Streets and sidewalks. Digging up streets, § 22-4. Suits against city. Procedure, char., § 160. Tax, § 8-14 to 8-18. See Taxation. PURCHASES. Accounting control, char. , § 73. Appropriations. Unencumbered appropriations, char. , § 73. Authority of city manager or appointed purchasing agent, char. , § 70. Bids. Competitive bidding, char. , § 71. Contracts. Awarding to lowest responsible bidder, § 8-6. City improvements of over one thousand dollars to be executed by contract, § 8-5. Rejection of bids and readvertise- ment, § 8-7. Two or more for purchases over five hundred dollars, § 8-4. City manager. Authority, char., § 70. Competitive bidding, char. , § 71. Atlantic Beach City Code PURCHASES (Cont'd) Conflicts of interest of members of commission, char. , § 166. Contracts. Alterations, § 8-8. Awarding lowest responsible bidder, § 8-6. Bids. Rejection of bids and readvertise- ment, § 8-7. City improvements of over one thou- sand dollars to be executed by contract, § 8-5. Five hundred dollars. Authority of purchasing agent to make purchases not exceeding, § 8-9. Two or more bids required for pur- chases over, § 8-4. Local improvements. Contracts. City improvements of over one thousand dollars to be executed by contract, § 8-5. One thousand dollars. City improvements over one thousand dollars to be executed by contract, § 8-5. Payment. Upon receipt of invoice, etc. , § 8-10. Purchasing agent. Authority, char., § 70. Making purchases not exceeding five hundred dollars, § 8-9. Competitive bidding, char. , § 71. Duties, char. , § 70. Powers, char. , § 70. Requisitions, char. , § 73. Unencumbered appropriations, char. , § 73. R RABIES CONTROL, § 4-5. RADIOS. Repair shop. Licenses. Fees, § 10-5. REAL ESTATE. Agencies. Licenses. Fees, § 10-5. RECALL. Election, char. , § 102. Ballots, char. , § 103. Counting votes, char. , § 105. - Court ordering election, char. , § 102. Filling of vacancies, char. , § 104. Order and fixing date for holding re- call election, char. , § 102. Person deemed removed from office, char., § 104. Special election, char. , § 102. Time of holding, char. , § 102. Vacancies. Filling of vacancies, char. , § 104. Votes. Counting votes, char. , § 105. Filling of vacancies, char. , § 104. Methods of removal. In addition to methods as provided by general law, char. , § 107. Notice to commissioner or commissioners, char., § 101. Petitions. Notice to commissioner or commis- sioners, char. , § 101. Offenses relating to, char. , § 108. Preservation of papers connected with petition, char., § 107. Procedure for removal of members of city commission from office, char., § 100. Removal of members of city commis- sion from office, char. , § 100. Restrictions on time for filing, char., § 107. 252 Index RECALL (Cont'd) Removal of members of city commis- sion from office, char. , § 100. Resignation. Effect of, char. , § 106. Vacancies. Filling of vacancies, char. , § 104. RECORDS. Publicity of records, char. , § 165. Transfer of records and property of departments, boards, etc., char. , § 173. REFERENDUM. Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. REFUSE, GARBAGE AND WEEDS, Accumulations of weeds or trash. Keeping premises clean and free of accumulations, § 18-12. Notice to clean premises, § 18-13 Time for compliance with notice, § 18-13. Work done by city. Costs, § 18-14. Maximum assessment per year, § 18-15. Premises. Keeping clean and free of accumu- lations, § 18-12. Weeds. Height. Maximum permissible height, § 18- 11. Keeping premises clean and free of. See within this subtitle, "Keep- ing premises clean and free of, accumulations." Beaches, § 5-4. Definitions, § 18-1. Refuse and garbage. Burial of garbage, § 18-3. Collection. Certain wastes not to be removed by city, § 18-8. • 253 REFUSE, GARBAGE AND WEEDS (Cont'd) Refuse and garbage (Cont'd) Collection (Cont'd) Fees to be charged by city, § 18-7. License, §§ 10-5, 18-5. Compost piles, § 18-4. Containers. Blinds, § 18-2. Emptying. Frequency, § 18-2. Inspection, § 18-2. Providing by residents, occupants, etc. , of premises, § 18-2. Removal after collection of con- tents, § 18-2. Required, § 18-2. Setting out for collection, § 18-2. Storage, § 18-2. Depositing. On vacant lots, streets, parks, etc. , § 18-4. Evidence. Production of garbage, § 18-9. Inspections. Duty of city to inspect premises, § 18-9. License. Collection, removal, transporta- tion and disposal, §§ 10-5, 18-5. Outside regular service area. Service to persons, § 18-10. Parks. Depositing in, § 18-4. Permits. Transportation of garbage, § 18-6. Premises. Inspection by city, § 18-9. Production of garbage. Prima facie evidence, § 18-9. Removal. See within this subtitle, "Collection." Service. Persons outside regular service area, § 18-10. Streets. Depositing on, § 18-4. Atlantic Beach City Code REFUSE, GARBAGE AND WEEDS (Cont'd) Refuse and garbage (Cont'd) Transportation. License, § 18-5. Permit, § 18-6. Vacant lots. Depositing on, § 18-4. Trash. See within this title, "Accu- mulation of weeds or trash." Weeds. See within this title, "Accu- mulation of weeds or trash. REGISTERED MAIL. Defined, § 1-2. REGISTRATION. Dogs and cats, § 4-3. Solicitors. See Solicitors. REPAIRMEN AND REPAIR SHOPS. Licenses. Fees, § 10-5. RESOLUTIONS. Recordation, char. , § 31. Violations. Continuing violations, § 1-6. General penalty, § 1-6. RESTAURANTS. Licenses. Fees, § 10-5. REWARDS. Information leading to conviction of arsonists, § 9-2. RIDING ACADEMIES OR STABLES, Licenses. Fees, § 10-5. RIFLES. Air rifles. Discharging, § 14-17. RINKS. Licenses. Fees, § 10-5. ROLLER SKATING. Rinks. Licenses. Fees, § 10-5. ROOMING HOUSES. Licenses. Fees, § 10-5. RULES OF CONSTRUCTION. Code, § 1-2. Ordinances, § 1-2. SAFETY ZONE. Beaches, §§ 5-5 to 5-7. See Beaches. SALARIES. Assessor, char., § 33. Attorney, char., § 159. Chief of police, char. , § 36. City commission. Amount of salary for commissioner, char., § 7. City tax assessor, char. , § 33. Clerk, char. , § 31. Comptroller, char. , § 32. Fire chief, char. , § 39. Municipal judge, char. , § 159. Prosecutor, char. , § 159. Treasurer, char., § 34. SCALES. Licenses. Fees, § 10-5. SCHOOLS. Licenses. Fees, § 10-5. Noise. Interfering with schools, § 12-10. 254 Index SEAL. City seal. Custodian, char. , § 31. SECONDHAND DEALERS. Licenses. Fees, § 10-5. SEED STORES. Licenses. Fees, § 10-5. SERVICE STATIONS. Licenses. Fees, § 10-5. SEWERS AND SEWAGE DISPOSAL. City sewers not available. Construction of system. In accordance with permit, § 19-15. Installation not to be covered prior to inspection, § 19-15. Inspections. Installations not to be covered prior to inspection, § 19-15. Maintenance of system, § 19-16. Permits for system. Application, § 19-11. Building permit prerequisite to is- suance, § 19-10. Constructed system in accordance with permit, § 19-15. Fee, § 19-12. Issuance, § 19-14. Percolation test, § 19-13. Plot plan. Submitting, § 19-11. Required, § 19-10. Submitting plot plan and other infor- mation, § 19-11. Tests. Percolation test, § 19-13. City system. Charges. Billing, § 19-5. Free service not to be rendered, § 19-7. Outside -of -city, § 19-4. 255 SEWERS AND SEWAGE DISPOSAL (Cont'd) City system (Cont'd) Charges (Cont'd) Payment. Discontinuing service for failure to pay, § 19-5. Failure to pay when due, § 19-5. When payable, § 19-5. Restoration of service after discon- tinuation for failure to pay bill, § 19-6. Service charges, § 19-2. Surcharge for industrial wastes, § 19-3. Connections. Charges. Commercial units, § 19-17. Investment, § 19-18. Residential units, § 19-17. Securities. Investment in, § 19-18. Sewer plant fund. Purpose of, § 19-18. Compliance with Plumbing Code, § 19-1. Industrial property. Refusing connection, § 19-1. Outside -of• -city, § 19-4. Permit, § 19-1. Refusal. Industrial property, § 19-1. Required, § 19-1. Discontinuance of service. Charges for restoration, § 19-6. Failure to pay charges, § 19-5. Upon request when occupant absent from premises, § 19-8. Free service. Not to be rendered, § 19-7. Indus trial wastes. Connections. Refusing connections, § 19-1. Surcharges, § 19-3. Introducing substances into sewers. Restricted substances, § 19-3. Supp. #4, 9-72 Atlantic Beach City Code SEWERS AND SEWAGE DISPOSAL (Cont'd) City system (Cont'd) Outside -of -city. Charges for service, § 19-4. Serving premises, § 19-4. Permits. Connections, § 19-1. Rules and regulations. Additional. Prescribed by commission, § 19-9. Surcharges. Industrial wastes, § 19-3. Permits. City sewers not available. See within this title, "City sewers not avail- able. " Connections to city system, § 19-1. Plumbing, § 17-1 to 17-14. See Plumbing. Subdivisions. See Subdivisions. Water supply, § 27-1 to 27-22. See Water Supply. SHALL. Word "shall" is mandatory, § 1-2. SHEET METAL SHOPS. Licenses. Fees, § 10-5. SHELTERS. Fallout shelters, § 6-1. Taxation, § 8-3. SHOE REPAIR. Licenses. Fees, § 10-5. SHOWS° Children. Admission to or exhibition of show harmful to children, § 14-11. Obscenity. Participation in obscene shows, ex- hibitions, etc. , § 14-13. SHUFFLEBOARDS. Licenses. Fees, § 10-5. SIDE WALKS. See Streets and Sidewalks. SIGNS AND ADVERTISING STRUCTURES. Beacon lights, § 20-14. Blinker lights, § 20-14. Bonds, § 20-6. Concealing rear of sign, § 20-21. Construction. License, § 20-23. Damaged signs. Removal, § 20-10. Doors. Obstructing, § 20-11. Electricity. Compliance with Electrical Code, § 20-16. Conductors. Proximity to electrical conductors, § 20-19. Permit required for neon and electric signs, § 20-16. Proximity to electrical conductors, § 20-19. Static electricity, § 20-18. Wiring to be done by licensed electri- cian, § 20-17. E rection. License, §.20-23. Exemptions from operation of chapter, § 20-1. False advertising, § 20-20. Fire escapes. Obstructing fire escapes, § 20-11. Fire hazards. Signs not to create, etc., § 20-7. Height. Minimum height above sidewalks, § 20-13. Indecency, § 20-9. Insurance, § 20-6. Intersections. Obstructing vision at, § 20-8. 256 Supp. #4, 9-72 Index SIGNS AND ADVERTISING STRUCTURES (Cont'd) Legal notices. Exception as to, § 20-12. Licenses. Fee for license, § 10-5. Required to construct or erect signs, § 20-23. Lights. Blinker, beacon and spotlights, § 20- 14. 256. 1 Supp. #4, 9-72 Index SIGNS AND ADVERTISING STRUC- TURES (Cont'd) Maintenance. Requirements generally, § 20-10. Misleading advertising, § 20-20. Neon signs. Permit, § 20-16. Nonconforming signs, § 20-24. Obscenity, § 20-9. Permits. Application, § 20-4. Fees, § 20-5. Neon and electric signs, § 20-16. Required, § 20-3. Permitted signs, § 20-2. Specified signs, § 20-22. Poles. Prohibited on poles, § 20-12. Projections. Maximum, § 20-13. Public liability insurance, § 20-6. Rear of signs. Concealing, §20-21. Securing. Signs to be firmly secured, § 20-15. Setbacks. Requirements generally, § 20-16. Sidewalks. Height above sidewalks. Minimum, § 20-13. Interference with use of, § 20-7. Prohibited on sidewalks, etc. , § 20- 12. Specified signs permitted, § 20-22. Spotlights, § 20-14. Static electricity, § 20-18. Streets. Interference with use of, § 20-7. Obstruction of vision at intersections, § 20-8. Traffic hazards. Signs not to create, etc. , § 20-7. Traffic signs or signals. Confusion with, § 20-8. Obstructing vision of, § 20-8. Walls. Prohibited on walls, § 20-12. 257 SIGNS AND ADVERTISING STRUC- TURES (Cont'd) Windows. Obstructing, § 20-11. SIRENS. Use on vehicles, § 12-4. SKA TING. Rinks. Licenses. Fees, § 10-5. SNACK BARS. Licenses. Fees, § 10-5. SOCIAL SECURITY. Agreements. Execution by mayor -commissioner, § 16-5. Appropriations. By city, § 16-7. City. Appropriations, § 16-7. Payment of contributions, § 16-7. Contributions. By city, § 16-7. Exclusions, § 16-9. Funds. Custodian. Designation, § 16-11. Policy. Statement of policy, § 16-4. Records, § 16-8. Reports, § 16-8. Designation of reporting agent, § 16- 11. Social Security Act. Acceptance, § 16-10. Statement of policy, § 16-4. Wages. Withholdings from wages, § 16-6. Withholdings from wages, § 16-6. Designation of withholding and report- ing agent, § 16-11. Atlantic Beach City Code SOLICITORS. Acts. Prohibited, § 21-6. Definition of "solicitor," § 21-1. Exceptions from regulations, § 21-7. Fees for investigations, § 21-3, Fingerprinting, § 21-2. Permits. Fee to cover cost when investigating applicant, § 21-3. Issuance, § 21-4. Revocation, § 21-5. Prohibited acts, § 21-6. Registration, § 21-2. SOUTHERN STANDARD BUILDING CODE. Adoption, § 6-8. STABLES. Licenses. Fees, § 10-5. STAGNANT WATER. Nuisances, § 13-1. STATE. Defined, § 1-2. Utility tax. Exemption, § 8-17. STATE LAW. Elections. Governing elections by state law, char., § 86. STATE MISDEMEANORS, § 14-16. STORAGE WAREHOUSES. Licenses. Fees, § 10-5. STREETS AND SIDEWALKS. Animals and fowl, H § 4-1 to 4-5. See Animals and Fowl. Bottles. Depositing glass bottles on streets, § 22-3. STREETS AND SIDEWALKS (Cont'd) Buildings. Generally, §§ 6-1 to 6-17. See Buildings. Definition of "street," § 1-2. Digging up streets. Permit. Public utilities, § 22-4. Public utilities, § 22-4. Restricted, § 22-4. Excavations, § 22-4. Franchises. Granting of franchises, char. , § 109. Garbage. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. Glass. Depositing on streets, § 22-3. Loitering in or about, § 14-7. Motor vehicles and traffic, §§ 11-1, 11-2. See Motor Vehicles and Traffic. Mud. Depositing on streets, § 22-3. Nails. Depositing on streets, § 22-3. Noise, §§ 12-1 to 12-10. See Noise. )Nuisances, § 13-1. 'Numbering buildings, §§ 6-12 to 6-17. See Buildings. Obstructions. Passage through or upon streets, etc., § 14-7. Permits, § 22-1. Unlawful to obstruct free passage to persons, etc. , on streets, etc. , § 22-1. Parades. Permits, § 22-2. Permits. Digging up streets. Public utilities, § 22-4. Obstructing streets and sidewalks, § 22-1. Parades and processions, § 22-2. Processions. Permits, § 22-2. 258 Index STREETS AND SIDEWALKS (Cont'd) Public utilities. Digging up streets, § 22-4. Refuse, garbage and weeds, § 18-1 to 18-15. See Refuse, Garbage and Weeds. Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Structures. Solicitors, §§ 21-1 to 21-7. See Solicitors. Street. Defined, § 1-2. Subdivisions, §§ 23-1 to 23-11. See Subdivisions. Suits against city. Procedure, char., § 160. Weeds. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. Zoning, § 28-1 to 28-22; char. , § 127 to 147. See Zoning. STRUCTURES. Buildings generally, § 6-1 to 6-17. See Buildings. SUBDIVISIONS. Acceptance of streets and drainage, § 23-7. Alleys. Standards of design, § 23-5. Blocks. Standards of design, § 23-5. Buildings. Building lines, § 23-5. Canals. Easements along, § 23-5. Compliance with chapter, § 23-10. Definitions, § 23-1. Designs. Standards of design, § 23-5. Drainage. Acceptance of streets and drainage, § 23-7. 259 SUBDIVISIONS (Cont(d) Drainage (Cont'd) Minimum required street and drainage improvements, § 23-6. Easements. Standards of design, § 23-5. Exceptions to chapter, § 23-9. Final plats, § 23-4. Improvements. Form of application for plat approval and agreement as to streets, § 23-11. Minimum required street and drainage improvements', § 23-6. Lines. Building lines, § 23-5. Lots. Standards of design, § 23-5. Parks. Sites for, § 23-5. Plats. Application for plat approval. Form of, § 23-11. Final plats, § 23-4. Preliminary plats, § 23-3. Preliminary plats, § 23-3. Purpose of chapter, § 23-2. Schools. Sites for, § 23-5. Sewer facilities. Required sewer facilities, § 23-8. Sites for parks, schools, etc. , § 23-5. Standards of design, § 23-5. Streams. Easements along, § 23-5. Streets. Acceptance of streets and drainage, § 23-7. Agreement as to streets. Form of application for, § 23-11. Minimum required street and drainage improvements, § 23-6. Standard,of design, § 23-5. Variations and exceptions to chapter, § 23-9. Atlantic Beach City Code SUBDIVISIONS (Cont'd) Water supply. Application for service in new sub- divisions, § 27-21. Costs of pipes, etc. , to be paid by developer, § 27-21. Facilities. Required water facilities, § 23-8. Zoning, §§ 28-1 to 28-22. See Zoning. SUITS. Against city. Procedure, char., § 160, SUPPLIES. Purchases, §§ 8-4 to 8-10. See Purchases. SUPPLIES SHOP. Licenses. Fees, § 10-5. SURGEONS. Licenses. Fees, § 10-5. SWIMMING POOLS. Accessory building. Water surface of family pool, § 24-2. Buildings. Accessory buildings. Water surface of family pool, § 24-2. Code. Enclosed or roofed pools to comply with, § 24-4. Foundations. Setback of pools from, § 24-3. Enclosed pools. Compliance with Building Code and zoning regulations, § 24-4. Fences, § 24-1. Permits, § 24-5. Plumbing. Compliance with regulations, § 24-5. SWIMMING POOLS (Cont'd) Plumbing (Cont'd) Permit. Required, § 24-5. Property lines. Setback from, § 24-3. Roofed pools. Compliance with Building Code and zoning regulations, § 24-4. Setbacks. Pools from property lines and building foundations, § 24-3. Waste water. Disposal of, § 24-7. Water supply, § 24-6. Zoning. Enclosed or roofed pools to comply with regulations, § 24-4. T TAXA TION. Assessments. Adopting Jacksonville assessments, § 8-2. Bills. See within this title, "Bills," Board of assessment review. Appeal to courts, char. , § 115. Appointment of members, char. , § 111. Composition, char. , § 111. Duties, char. , § 113. Filling vacancies, char. , § 111. Hearings. Holding public hearing, char., § 114. Members holding elected offices, char., § 112. Powers, char. , § 113. Qualifications of members, char. , § 112. Term of members, char. , § 111. Vacancies. Filling, char. , § 111. Duties of city tax assessor, char. , § 33. Fallout shelters, § 8-3. 260 Index TAXATION (Cont'd) Assessments (Cont'd) Lien upon property, char. , § 122. Method of, char. , § 110. Roll. Bond of city treasurer, char. , § 116. Extending tax for current year on assessment roll, char. , § 117. Notice by publication, char. , § 121. Assessor. Adopting Jacksonville assessments in assessing city property, § 8-2. Appointment, char. , § 33. Control of city commission, char. , § 33. Direction of city commission, char. , § 33. Duties, char. , § 33. Salary, char., § 33. Term of office, char. , § 33. Bills. Delivery, char. , § 118. Description, char. , § 120. Preparation, char. , § 118. Cigarette tax. Amount, § 8-11. Collection, § 8-12. Disposition of revenue, § 8-13. Disposition of revenue, § 8-13. Imposition, § 8-11. City tax assessor. See within this title, "Assessor. Collection. Duties of treasurer, char. , § 34. General provisions, char. , § 124. Manner of generally, char., § 124. Warrants. Issuance of distress warrants, char. , § 123, Discounts allowed on payment, char. , § 121. Extending tax for current year on assessment roll, char. , § 117, Interest. Unpaid taxes, char., § 121. Licenses, H 10-1 to 10-5. See Licenses. 261 TAXATION (Cont'd) Lien upon property, char. , § 122. Payment. Delinquent installments, char. , § 119. Enforcement of unpaid taxes, char., § 121. Discounts, char., § 121. Enforcement of unpaid taxes, char. , § 121. Lien upon property, char. , § 122. Previous years taxes first, char. , § 119. Unpaid taxes. Interest, char., 1 121. - Warrants. Issuance of distress warrants, char,, § 123. When due and payable, char. , § 121. Property. Subject to tax, char. , § 110. Utility tax. Amount, § 8-14. Applicable to certain services, § 8-14. Churches. Exemptions, § 8-17. Collection. Failure to collect tax, § 8-15. Seller, § 8-15. Discontinuing service. Nonpayment of tax, § 8-15. Exemptions. Churches, § 8-17. Governmental agencies, § 8-17. Governmental agencies. Exemption, § 8-17. Imposed, § 8-14. Payment. Making to seller, § 8-14. Nonpayment of tax. Authority of seller to discontinue service, § 8-15. Purchase deemed made within city, § 8-18. Seller. Collection, § 8-15. Discontinuing service upon nonpay- ment of tax, § 8-15. Atlantic Beach City Code TAXATION (Cont'd) Utility tax (Cont'd) Seller (Cont'd) Payments, § 8-14. City, § 8-15. Records. Inspection of records by city agents, § 8-16. Keeping, § 8-16. Services to which applicable, § 8-14. Within city. Purchase deemed made within city, § 8-18. Warrants. Issuance of distress warrants for payment, char. , § 123. TAXICABS. Fingerprinting drivers., § 14-15. Licenses. Fees, § 10-5. Noise. Obtaining passengers for cabs, etc. , § 12-3. Photographing drivers, § 14-15. Registration of drivers, § 14-15. TELEPHONES. Companies. Licenses. Fees, § 10-5. TELEVISION. Repair shop. Licenses. Fees, § 10-5. TENANT. Defined, § 1-2. TERRITORIAL BOUNDARIES OF CITY, char., § 2. THEATERS. Licenses. Fees, § 10-5. TIME. Computation of time, § 1-2. Defined, § 1-2. Month. Defined, § 1-2. TOBACCO. Cigarette tax, §§ 8-11 to 8-13. See Taxation. TOWN OF ATLANTIC BEACH. Abolished, char. , § 1. Property. Title to property reserved to new - municipality, char., § 174. TRAFFIC. Motor vehicles and traffic, §§ 11-1, 11-2. See Motor Vehicles and Traffic. TRAILERS AND TRAILER PARKS. Area of park or camp, § 26-2. Definitions, § 26-1. Electricity, § 26-2. Licenses. Fees, § 10-5. Issuance. Discretion of city commission, § 26-3. Prerequisites to, § 26-4. Minimum requirements, § 26-2. Numbering spaces, § 26-2. Plumbing, § 26-2. Requirements. Minimum requirements, § 26-2. Setbacks for trailers, § 26-2. Streets, § 26-2. Water supply, § 26-2. TREASURER. Appointment, char. , § 34. Combining office with other offices, char., § 34. Control of city commission, char. , § 34. Depositing funds in banks or depository, char., § 34. 262 Index TREASURER (Cont td) Direction of city commission, char. , § 34. Duties. Generally, char., § 34. Powers. Generally, char., § 34. Salaries, char. , § 34. Term of office, char. , § 34. TRESPASS. Dogs and cats, § 4-4. TRUCKS. Transfer. Licenses. Fees, § 10-5. UNITED STATES OF AMERICA. Utility tax. Exemptions, § 8-17. UTILITIES. See Public Utilities. VEHICLES. Auto dealers. Licenses. Fees, § 10-5. Beaches. Safety zone, § 5-6. Dealers. Licenses. Fees, § 10-5. Garages, service stations, etc. Licenses. Fees, § 10-5. Motor vehicles and traffic, §§ 11-1, 11-2. See Motor Vehicles and Traffic. Trailers and trailer parks, §§ 26-1 to 26-4. See Trailers and Trailer Parks. Truck transfer. Licenses. Fees, § 10-5. 263 VENDING MACHINES. Licenses. Fees, § 10-5. VETERINARIANS. Licenses. Fees, § 10-5. VOTING. Elections. See Elections. WAREHOUSES. Storage warehouse. Licenses. Fees, § 10-5. WATER SOFTENER. Licenses. Fees, § 10-5. WATER SUPPLY. Acts prohibited, § 27-17. Application for service, § 27-1. New subdivisions, § 27-21. Bills. See within this title, "Charges." Charges. Billing. Adjustment of bills. Testing of meters, § 27-7. Allowances not made for leaks on consumer's side of meter, § 27-15. Basis if meter fails to register, § 27-9. Dates for billing, § 27-13. Delinquent bills, § 27-13. Disconnection of service for failure to pay bill, § 27-13. Failure to receive bill, § 27-13. When bills become delinquent, § 27-13. Connections, § 27-3. Enumerated, § 27-12. Established, § 27-12. Initial payment of minimum water rental, § 27-3. Atlantic Beach City Code WATER SUPPLY (Cont'd) Charges (Cont'd) Liability of consumer, § 27-8. Private fire protection service, § 27-14. Property owner responsible to city for, § 27-11. Re-establishing service after cut-off § 27-6. Vacant houses. No allowance to be made unless water shut off, § 27-8. Circuses. Temporary service, § 27-4. Connections. Approval of plumbing prior to con- nection with water system, § 27-19. Charges, § 27-3. Private water system to city system, § 27-16. Restricted to city employees, § 27-2. Construction work. Temporary service, § 27-4. Damages. Suits against city. Procedure, char., § 160. Discontinuing service. Failure to pay bill, § 27-13. Fee to re-establish service after cut-off, § 27-6. Easements. Consumer to grant city, § 27-5. Extensions of mains. See within this title, "Mains." Fairs. Temporary service, § 27-4. Fire protection. Private fire protection service, § 27-14. Fixtures. Examining. Right of city employees, § 27-5. Interruptions in service. Liability of city, § 27-20. Leaks. Allowances not made for, § 27-15. WATER SUPPLY (Cont'd) Mains. Costs in subdivisions to be paid by developer, § 27-21. Extending mains one hundred feet or more in existing streets, § 27-22. Tapping restricted to city employees, § 27-2. Meters. Costs in subdivisions to be paid by developer, § 27-21. Failing to register. Basis for billing, § 27-9. Leaks. 264 Allowances not made for leaks on consumer's side of meter, § 27-15. Reading. Right of city employees, § 27-5. Serving more than one property through same meter, § 27-18. Testing, § 27-7. Adjustment of bills, § 27-7. Liability for cost, § 27-7. Permits. Consumer to grant city certain rights easements, permits, etc. , § 27-5 Pipes. Costs in subdivisions to be paid by developer, § 27-21. Examining. Right of city employees, § 27-5. Plumbing. Approval prior to connection with water system, § 27-19. Generally, §§ 17-1 to 17-14. See Plumbing. Private water system. Connection to city system, § 27-16. Prohibited acts, § 27-17. Restricting use of water, § 27-20. Rights. Consumer to grant city certain rights, § 27-5. Sewers and sewage disposal, §§ 19-1 to 19-16. See Sewers and Sewage Disposal. • Index WATER SUPPLY (Cont'd) Stagnant water. Nuisances, § 13-1. Subdivisions. See Subdivisions. Swimming pools, §§ 24-1 to 24-7. See Swimming Pools. Temporary service, § 27-4. Trailers and trailer parks, § 26-2. Type of service. Determination for each consumer, § 27-10. Use restrictions, § 27-20. Vacant houses. Allowances for, § 27-8. WEAPONS. Discharging, § 14-17. Police department. Dangerous weapons search, § 14-14. WEEDS. See Refuse, Garbage and Weeds. WELDING SHOPS. Licenses. Fees, § 10-5. WHISTLES. Noise, §§ 12-1 to 12-10. See Noise. Use on vehicles, § 12-4. WINE. See Alcoholic Beverages. WOOD. Licenses. Fees, § 10-5. WORK PROGRAMS. Allotments of appropriations for departments, etc., char., § 64. Submitting to city manager by heads of departments, etc. , char. , § 64. 265 WRECKER SERVICE. Licenses. Fees, § 10-5. WRITING. Defined, § 1-2. Y YEAR. Fiscal year, § 8-1; char. , § 41. Z ZONING. AA (BAA) districts. Buildings. Limits, § 28-13. Uses. Permitted uses, § 28-13. Prohibited uses, § 28-13. AA (RAA) single-family districts. Area. Building site required, § 28-6. Buildings. Accessory buildings, § 28-6. Height limit, § 28-6. Site area required, § 28-6. Height. Building height limit, § 28-6. Lots. Minimum lot coverage, § 28-6. Uses. Permitted uses, § 28-6. Yards, § 28-6. A (BA) districts. Parking. Off-street parking, § 28-14. Uses. Permitted uses, § 28-14. Prohibited uses, § 28-14. Yards, § 28-14. Accessory buildings. See within this title, "Buildings . " AC (RAC) districts. Accessory buildings, § 28-9. Supp. #5, 12-74 Atlantic Beach City Code ZONING (Cont'd) AC (RAC) districts (Cont'd) Buildings. Accessory buildings, § 28-9. Height limits, § 28-9. Height. Building height limit, § 28-9. Lots. Minimum lot coverage, § 28-9. Uses. Permitted uses, § 28-9. Yards, § 28-9. A-1 (BA -1) districts. Buildings. Restriction line, § 28-15. Parking. Off-street parking, § 28-15. Uses. Permitted uses, § 28-15. Prohibited uses, § 28-15. A-1 (RA -1) single-family districts. Accessory buildings, § 28-7. Area. Building site area required, § 28-7. Buildings. Accessory buildings, § 28-7. Height requirements, § 28-7. Site area required, § 28-7. Height. Building height, § 28-7. Lots. Minimum lot coverage, § 28-7. Uses. Permitted uses, § 28-7. Yards, § 28-7. Amendments, char. , § 131. Procedure, char., § 130. Protest, char., § 131. A (RA) single-family districts. Accessory buildings, § 28-8. Area. Building site area required, § 28-8. Buildings. Accessory buildings, § 28-8. ZONING (Cont'd) A (RA) single-family districts (Cont'd) Lot. Minimum lot coverage, § 28-8. Uses. Permitted uses, § 28-8. Yards, § 28-8. Area. Building site area required. AA (RAA) single-family districts, § 28-6. A-1 (RA -1) single-family districts, § 28-7. A (RA) single-family districts, § 28- 8. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D (RD) districts, § 28-12. Reduction, § 28-5. Authority of city. Generally, char. , § 127. Basements. Temporary residences, § 28-5. B (BB) districts. Parking. Off-street parking, § 28-16. Uses. Permitted uses, § 28-16. Prohibited uses, § 28-16. Yards, § 28-16. Board of adjustment, § 28-18 Appeals to, char. , § 136. Hearings, char. , § 138. Notice of hearing, char. , § 138. Stay of proceedings, char. , § 137. Appointment of members, char. , §§ 133, 134. Authority, char., § 133. Composition, char. , § 134 Decisions. Aggrieved persons. Court. Costs, char., § 145. Decision of court, char. , § 141. Filing petition with court, char. , § 141. Taking evidence or appointing referee, char. , § 144. 266 Supp. #5, 12-74 Index ZONING (Cont'd) Board of adjustment (Cont'd) Decisions (Cont'd) Aggrieved persons (Cont'd) Petitions. Presenting to court of record, char. , § 141. Return of writ, char. , § 143. Writ of certiorari, char. , § 142. Determinations of board, char. , § 140. Powers generally, char. , § 140. Vote of members necessary to reverse order, etc. , char. , § 140. Filling vacancies, char. , § 134. Powers, char. , § 139. Proceedings of board, char. , § 135. Removal of members, char. , § 134. Special exceptions, char. , § 133. Vacancies, char. , § 134. B (RB) districts. Accessory buildings, § 28-10. Area. • Building site required, § 28-10. Buildings. Accessory buildings, § 28-10. Height limit, § 28-10. Site area required, § 28-10. Height. Building height limit, § 28-10. Lots. Minimum lot coverage, § 28-10. Uses. Permitted uses, § 28-10. Yards, § 28-10. Buildings. Accessory buildings, § 28-5. AA (RAA) single-family districts, § 28-6. AC (RAC) districts, § 28-9. A-1 (RA -1) single-family districts, § 28-7. A (RA) single-family districts, § 28-8. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. 267 ZONING (Cont'd) Buildings (Cont'd) Accessory buildings (Cont'd) Temporary residence, § 28-5. Approval of business and industrial structures by city commission, § 28-21. Authority of city to regulate, char. , § 127. Building height limit. A-1 (RA -1) single-family districts, § 28-7. Compliance with provisions of chapter, § 28-5. Height limit. AA (RAA) single-family districts, § 28-6. AC (RAC) districts, § 28-9. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12. 1. D (RD) districts, § 28-12. Generally, § 28-5. Limitations. AA (BAA) districts, § 28-13. Location and use. Authority of city to regulate, char., § 127. Loss of buildings by fire. Restoration, § 28-5. Restoration of buildings destroyed by fire, § 28-5. Restriction line. A-1 (BA -1) districts, § 28-15. Secondary dwellings, § 28-5. Site area required. AA (RAA) single-family districts, § 28-6. A (RA) single-family districts, § 28-8. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12. 1. D (RD) districts, § 28-12. Stairs. Outside stairs, § 28-5. Temporary residences, § 28-5. Unsafe buildings, § 28-5. Business districts. See within this title, "Districts." Supp. #5, 12-74 Atlantic Beach City Code ZONING (Cont'd) Business structures. Approval by city commission, § 28-21. Changing regulations, char . , § 131. Protest, char . , § 131. Chapter deemed minimum stan- dards, § 28-19. Commission. See within this title, "Zoning commission." Conflict with other laws, covenants etc., § 28-20. Courts. General regulations, § 28-5. Reducing lots or plots in area, § 28-5. C-1 (RC -1) districts. Buildings. Three or more living units. Consideration of . plans, § 28- 11.1. Permitted uses, § 28-11.1. C (RC) districts. Accessory buildings, § 28-11. Area. Building site area required, § 28-11. Buildings. Accessory buildngs, § 28-11. Height limits, § 28-11. Site area required, § 28-11. Three or more living units. Consideration of plans, § 28-11.1. Height. Building height limit, § 28-11. Lots. Minimum lot coverage, § 28-11. Uses. Permitted uses, § 28-11. Yards, § 28-11. Definitions, § 28-1. Density of living units. D-1 (RD -1) districts, § 28-12.1. Density of population. Authority of city to regulate, char., § 127. Determining procedure. By city, char . , § 130. ZONING (Cont'd) Districts. Boundaries. Determining by city, car . , § 130. Effective date, char., § 130. Hearings, char . , § 130. Interpretation, § 28-4. Map. Adoption of zoning map, § 28-3. Business AA (BAA) districts, See within this title, "AA (BAA) districts." Business A (BA) districts. See within this title, "A (BA) districts." Business A-1 (BA -1) districts. See within this title, "A-1 (BA -1) districts." Business B (BB) districts. See within this title, "B (BB) districts . " Business districts. General provisions applicable in business districts, § 28-5. Designated, § 28-2. Division of city into districts, § 28-2; char., § 128. Enumerated, § 28-2. Industrial (IA) districts. See within this title, "Industrial (IA) districts." Residence AA (RAA) single-family districts. See within this title, "AA (RAA) single- family districts." Residence AC (RAC) districts. See within this title, "AC (RAC) districts." Residence A-1 (RA -1) single- family districts. See with- in this title, "A-1 (RA -1) single-family districts." Residence A (RA) single-family districts. See within this title, "A (RA) single-family districts." 268 Supp. #5, 12-74 Index ZONING (Cont'd) Districts (Cont'd) Residence B (RB) districts. See within this title, "B (RB) districts." Residence C (RC) districts. See within this title, "C (RC) districts." Residence districts. General provisions applicable to residence districts, § 28-5. Residence D (RD) districts. See within this title, "D (RD) districts." D-1 (RD -1) districts. Buildings. Accessory buildings, § 28-12.1. Height limits, § 28-12.1. Site area required, § 28-12.1. Three or more living units. Consideration of plans, § 28- 12.1. Density, § 28-12.1. Garbage collection, § 28-12.1. Height. Building height limits, § 28-12.1 Lots. Minimum lot coverage, § 28-12.1. Off-street parking, § 28-12.1. Permitted uses, § 28-12.1. Uses. Permitted uses, § 28-12.1. Yards, § 28-12.1. D (RD) districts. Area. Building site area required, § 28-12. Buildings. Accessory buildings, § 28-12. Height limits, § 28-12. Site area required, § 28-12. Three or more living .units. Consideration of plans, § 28-12.1. Height. Building height limits, § 28-12. Lots. Minimum lot coverage, § 28-12. Off-street parking, § 28-12. • 269 ZONING (Cont'd) D (RD) districts (Cont'd) Uses. Permitted uses, § 28-12. Yards, § 28-12. Enforcement of ordinances and regulations, char . , § 146. Fences. General provisions, § 28-5. Front yards. See within this title, "Yards." Garbage collection. D-1 (RD -1) districts, § 28-12.1. Hearings. Appeals to board of adjustment, char., §§ 136 to 138. Publication of notice, char . , § 130. Public hearing, char., § 130. Height. Building height limit. AA (RAA) single-family districts, § 28-6. AC (RAC) districts, § 28-9. A-1 (RA -1) single-family dis- tricts, § 28-7. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D (RD) districts, § 28-12. Generally, § 28-5. Industrial (IA) districts. Parking. Off-street parking, § 28-17. Uses. Permitted uses, § 28-17. Prohibited uses, § 28-17. Industrial structures. Approval by city commission, § 28-21. Intersections. Traffic visibility, § 28-5. Land. Authority of city to regulate use, char., § 127. Liability for violations, § 28-22. Loss of buildings, etc . , by fires. Restoration, § 28-5. Supp. #5, 12-74 Atlantic Beach City Code ZONING (Cont'd) Lots. Minimum lot coverage.. AA (RAA) single-family dis- tricts, § 28-6. AC (RAC) districts, § 28-9. A-1 (RA -1) single-family dis- tricts, § 28-7. A (RA) single-family districts, § 28-8. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. Reducing in area, § 28-5. Map. - Adoption of zoning map, § 28-3. Minimum standards. Chapter deemed minimum stan- dards, § 28-19. Nonconforming uses. See within this title, "Uses." Off-street parking. See within this title, "Parking." Open spaces. Minimum, § 28-5. Ordinances. Enforcement, char., § 146. Parking. In front of businesses. AA (BAA) districts, § 28-13. Off-street parking. A (BA) districts, § 28-14. A-1 (BA -1) districts, § 28-15. B (BB) districts, § 28-16. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. General provisions, § 28-5. Industrial (IA) districts, § 28- 17 Penalties for violation, char . , § 146. Planned unit developments (PUD) . Advisory planning board. Consideration of application, § 28-17.1. Applications. Data to accompany, § 28-17.1. ZONING (Cont'd) Planned unit developments (PUD) (Cont'd) Applications (Cont'd) Permissive, § 28-17.1. Sponsor, § 28-17.1. C-1 (RC -1) districts. Buildings with three or more living units, § 28-11.1. Consideration. Advisory planning board, § 28- 1711. C (RC) districts. Buildings with three or more living units, § 28-11. Criteria. Principles of, § 28-17.1. D-1 (RD -1) districts. Buildings with three or more living units, § 28-12.1. D (RD) districts. Buildings with three or more living units, § 28-12. Intent, § 28-17.1. Purpose, § 28-17.1. Uses. Permitted uses, § 28-17.1. Plans and specifications. Approval of business and indus- trial structures by city com- mission, § 28-21. Procedure. Providing by city, char., § 130. Protest against charges, char., § 131. Publication of notice of change re- quired, char., § 131. Vote required to effect change over protest, char., § 131. Publication. Hearings, char., § 130. Public utilities, § 28-5. Purpose of regulations, char., § 129. Real estate signs, § 28-5. Rear . yards. See within this title, "Yards." 270 Supp. #5, 12-74 Index ZONING (Cont'd) Regulations. Enforcement, char., § 146. Repealing regulations, char., § 131. Protest, char., § 131. Residence C-1 (RC -1) districts. See within this title, "C-1 (RC -1) districts." Residence districts. See within this title, "Districts." Seawalls. General provisions, § 28-5. Side yards. See within this title, "Yards." Signs. Real estate signs, § 28-5. Special exceptions. By board of adjustment, char., § 133. Stairs. Outside stairs. On buildings, etc., § 28-5. Standards. Chapter deemed minimum stan- dards, § 28-19. Stay of proceedings. Appeals stay all proceedings char., § 137. Structures. Authority of city to regulate loca- tion and use, char., § 127. Subdivisions, §§ 23-1 to 23-11. See Subdivisions. Supplementing regulations, char., § 131. Procedure, char., § 130. Protest, char., § 131. Temporary residences, § 28-5. Tents, § 28-5. Traffic. Visibility across streets, § 28-5. Trailers, § 28-5. Unsafe buildings, § 28-5. Uses. Authority of city to regulate use of buildings, etc., char., § 127. Nonconforming uses, § 28-5. 271 ZONING (Cont'd) Uses (Cont'd) Permitted uses. AA (BAA) districts, § 28-13. AA (RAA) single-family dis- tricts, § 28-6. A (BA) districts, § 28-14. AC (RAC) districts, § 28-9. A-1 (BA -1) districts, § 28-15. A-1 (RA -1) single-family dis- tricts, § 28-7. A (RA) single-family districts, § 28-8. B (BB) districts, § 28-16. B (RB) districts, § 28-10. C-1 (RC -1) districts, § 28-11.1. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. Industrial (IA) districts, § 28- 17. Planned unit developments, § 28-17.1. Prohibited uses. AA (BAA) districts, § 28-13. A (BA) districts, § 28-14. A-1 (BA -1) districts, § 28-15 B (BB) districts, § 28-16. Industrial (IA) districts, § 28- 17. Violations. Instituting legal proceedings in addition to other remedies, char., § 147. Legal proceedings may be insti- tuted in addition to other remedies, char., § 147. Liability for violations, § 28-22. Penalties, char., § 146. Walls. General provisions, § 28-5. Water. Authority of city to regulate use, char., § 127. Yards. AA (RAA) single-family districts, § 28-6. A (BA) districts, § 28-14. Supp. #5, 12-74 Atlantic Beach City Code ZONING (Cont'd) Yards (Cont'd) AC (RAC) districts, § 28-9. A-1 (RA -1) single-family dis- tricts, § 28-7. A (RA) single-family districts, § 28-8. B (BB) districts, § 28-16. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. General regulations, § 28-5. Reducing lots or plots in area, § 28-5. Zoning commission. Appointment of members, char., § 132. Designated, char., § 132. Duties, char., § 132. Hearings on, char., § 132. Reports, char., § 132. 272 Supp. #5, 12-74