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Pages removed during Supplement 1SUPPLEMENT NO. 1 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 95-85-26, enacted February 25, 1985. See Code Comparative Table, page 1992. Remove old pages 167 through 170 1991, 1992 Index pages 2103, 2104 2107, 2108 2117 through 2122 2129 through 2132 2137, 2138 2143, 2144 2147, 2148 2151, 2152 2155 through 2158 2161 through 2164 Insert new pages vii, viii ix, x Checklist of up-to-date pages (following Table of Contents) 167 through 170.1 1991, 1992 Index pages 2103, 2104 2107, 2108, 2108.1 2117 through 2122.1 2129 through 2132.1 2137, 2138, 2138.1 2143, 2144, 2144.1 2147, 2148 2151, 2152, 2152.1 2155 through 2158.1 2161 through 2164 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida April, 1985 Note—A new checklist of pages in Code is included, following Table of Contents. CODE INDEX WATERWORKS SYSTEM—Cont'd. Section Liability,of consumer for charges 22-24 Property owner responsible to city for water charges 22-27 Reestablishing service after cutoff,fee 22-22 Service to more than one property through same meter 22-34 Testing of meters Liability for cost of testing,adjustment of bills 22-23 Vacant houses No allowance to be made for unless water shut off 22-24 When bills become delinquent 22-29 Connections Approval of plumbing prior to connection with water system . 22-35 Connection charges;initial payment of minimum water rental . 22-18 Connection of private water systems to city systems prohibited . 22-32 Prohibited acts 22-33 Tapping of mains,etc.,restricted to employees 22-17 Conservation of water during water shortages 22-39 Cutoff of service because of failure to pay bill,etc 22-29 Fee to reestablish service after cutoff 22-28 Deposits Temporary service 22-19 Determination of type of service for each consumer 22-26 Easements Granting necessary easements by consumer 22-20 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Irrigation of lawns,flowers, etc. Water shortages 22-39 Interruptions in service Liability of city 22-36 Lawn watering, etc. Water shortages 22-39 Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-25 Leaks on consumer's side of meter 22-31 Service to more than one property through same meter 22-34 Testing of meter;liability for cost of testing 22-23 Adjustment of bills 22-23 Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Private water systems Connection of to city system prohibited 22-32 Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes,etc.,in subdivisions 22-37 2161 ATLANTIC BEACH CODE WATERWORKS SYSTEM-Cont'd. Section 411) Design and construction standards Required improvements,sewer and water 24-258 Tapping Prohibited acts 22-33 Tapping of mains,etc.,restricted to city employees 21-17 Temporary service 22-19 Utility provisions generally. See: UTILITIES Water shortages 22-39 WEEDS AND BRUSH Accumulation of weeds Action upon noncompliance 23-38 Height of growth 23-36 Notice to cut,destroy,etc 23-37 Payment of charges,special assessment liens 23-40 Removal by city 23-39 Nuisances enumerated. See also: NUISANCES Allowing weeds to grow,etc 12-1(bX3) WEIGHT LIMITS Recreational vehicles, campers,travel trailers Stopping;standing or parking;weight limits 21-22(b) WELLS Abandoned wells, nuisance provisions : 12-1(bX6) 411/ Abatement of nuisances, etc. See: NUISANCES Waterworks system Interfering with or molesting wells,etc 22-33 WHISTLES Noise. See also that subject Noise in public places generally 11-2 Use of whistles on vehicles 11-4 WILD FOWL Hunting,shooting,etc 4-4 WINDOWS. See: DOORS AND WINDOWS WITNESSES Code enforcement board's power to subpoena witnesses 2-148 WRITING . Defined 1-2 • • Y YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning regulations 24-82(e)et seq. See: ZONING • 2162 CODE INDEX ZONING Section Access Planned 'unit development(PUD) 24-135(e) Community facilities 24-136(c) Service stations, access to site 24-165(2) Accessory buildings or vehicles Temporary residence 24-82(h) Accessory uses and structures 24-151 Administration 24-46 et seq. See also herein specific subjects Administrative official 24-47 Adoption; authority 24-1 Advisory planning board,duties re zoning 14-20 Alcoholic beverage sales Conditions of existing establishments Compliance with zoning code 3-8 Locations where on-premises sales prohibited, provisions re CG zone 3-5 Amendments 24-4, 24-61 Appeals Administrative official's powers and responsibilities 24-47 Board of adjustment's power and duties 24-49 411) Application procedures Amendment, repeal 24-61 Building permits 24-65 Changing zoning classification 24-62 Administrative official's powers and responsibilities 24-47(3) Construction within the districts 24-66 Use by exception 24-63 Variances 24-64 Basements Temporary residence 24-82(h) Board of adjustment 24-49 Appeals of decisions of board 24-49(3) Appeals of administrative actions 24-49(2) Exercising powers; reversing, affirming, modifying order, re- quirement, decision,etc. 24-49(4) Power and duties 24-49(1) Boundaries Rules for determining 24-81 Building permits 24-65 Administrative official's powers and responsibilities 24-47(7) Buildings, structures, etc. Accessory uses and structures 24-151 Building restrictions CG commercial general districts 24-110(f) CI commercial intensive districts 24-111(f) CL commercial limited districts 24-109(f) ILW industrial light and warehousing districts 24-112(f) 2163 ATLANTIC BEACH CODE ZONING—Cont'd. Section OR open rural districts 24-103(f) RG-1 and RG-1A residential general—Two-family districts 24-106(f) RG-2 and RG-3 residential general—Multiple-family districts 24-107(f) RMH residential mobile home districts 24-108(f) RS-1 residential single-family districts 24-104(f) RS-2 residential single-family districts 24-105(f) Construction within the districts All structures 24-66(b) Temporary construction trailers or structures 24-66(a) Duplicates or externally similar dwellings 24-82(g) General restrictions upon land,buildings and structures 24-82 Height limits,restrictions. See herein that subject Nonconforming uses or buildings 24-85 Temporary construction offices_ 24-168 Temporary residences 24-82(h) Buses Temporary residence 24-82(h) Campers Temporary residence 24-82(h) CG commercial general districts Building restrictions 24-110(f) Intent 24-110(a) Minimum lot or site requirements 24-110(d) Minimum yard requirements 24-110(e) Permitted uses 24-110(b) Uses by exception 24-110(c) Changing zoning classification 24-62 Child care centers 24-152 Churches 24-153 CI commercial intensive districts Building restrictions 24-111(f) Intent • 24-111(a) Minimum lot or site requirements 24-111(d) Minimum yard requirements 24-111(e) Permitted uses 24-111(b) Uses by exception 24411(c) City commission 24-46 CL commercial limited districts Building restrictions 24-109(f) Intent 24-109(a) Minimum lot or site requirements 24-109(d) Minimum yard requirements 24-109(e) Permitted uses 24-109(b) Uses by exception 24-109(c) Community facilities Planned unit development(PUD) 24-136 Construction offices,temporary 24-168 Construction trailers or structures,temporary 24-66(a) 2164 CODE INDEX 4111 TRAFFIC—Cont'd. Section Stopping, standing and parking Abandoned,wrecked,junked, etc.,vehicles Left unattended on sidewalks 21-25(aXl) Parked longer than seventy-two hours Declared unlawful;exception;nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Commercial, recreational, etc., vehicles; weight requirements 21-22 Compliance with signs prohibiting parking required 21-19 Enforcement - Disposition of money collected as fines 21-40 Form of citations 21-37 Issuance of citations 21-36 Payment of parking fines 21-39 Presumption of motor vehicle ownership 21-41 Schedule of fines 21-38 Manner of parking 21-16 Obstructing traffic 21-18 Parking for certain purposes prohibited 21-21 Parking limitations 21-20 Parking more than seventy-two hours prohibited 21-23 Prohibited in specific areas 21-17 1111 Street excavations Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite street excavations 21-25 Stopping, standing or parking vehicles alongside or opposite street excavations 21-17(7) Traffic-control signs, signals and devices Compliance with signs prohibiting parking 21-19 Signs and advertising structures Confusion with,use of words on traffic-control signs 17-5 Stopping, standing or parking vehicles Compliance with signs prohibiting parking required 21-19 Parking limitations where signs are erected 21-20 Stopping,standing or parking vehicles where official signs prohibit stopping or parking _ 21-17(7) Washing,greasing or repairing vehicles Standing or parking vehicle for purpose of 21-21 TRAILERS. See: MOBILE HOMES AND RECREATIONAL VEHICLES TRANSPORTATION Uniform travel policy and procedure - 2-632 TRAPPING Trapping birds,wild fowl,etc._ 4-4 TRASH. See: GARBAGE AND REFUSE 4110 TRAVEL Uniform travel policy and procedure Auditing 2-365 2155 ATLANTIC BEACH CODE TRAVEL—Cont'd. Section Authority to incur travel and business expenses 2-357 Authorized travel 2-363 Definitions 2-356 Expense forms and regulations 2-359 Fraudulent claims 2-366 Funding 2-358 Reimbursable incidental expenses 2-364 Schedule for meal allowance and accommodations 2-360 Subsistence 2-361 Transportation 2-362 TRAVEL TRAILERS. See: MOBILE HOMES AND RECREA- TIONAL VEHICLES TREES AND SHRUBBERY Building official Authority regarding supervision of work,under permits 23-17 Jurisdiction and supervision over provisions 23-16 Damage or destruction 23-19 Garbage and refuse collection and disposal Garden trash,compost piles 16-5 Leaves and grass clippings;tree trunks,limbs,etc 16-3 Removal of trees,permits for 23-18 Signs,posters,etc.,prohibited on trees 17-8 Subdivisions Design and construction standards Required improvements Clearing and grading of rights-of-way 24-257 Use of natural features 24-251(2) Waterworks system Water shortages; irrigation of ornamentals, ferns, foilage, etc. 22-39 Zoning regulations Tree removal or damage 24-169 TRUSTS Definition of"person"to include trusts 1-2 U UNDERGROUND UTILITIES Subdivisions Required improvements 24-221 Zoning regulations , Planned unit development(PUD) 24-136(d) UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) UTILITIES Public service tax 20-16 et seq. See:TAXATION 2156 • TABLE OF CONTENTS Page Officials of the City at Time of Codification iii Preface v Adopting Ordinance(Reserved) PART I CHARTER Charter 1 Art. I. Incorporation;Form of Government;Powers 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor 10 Art. V. Department of Public Safety 11 Art. VI. Budget 11 Art. VII. Department of Finance 11 Art. VIII. Department of Personnel 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XI. Recall 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Issuance of Bonds 22 Art. XVI. Municipal Court and Department of Law 22 Art. XVII. Suits Against the City 23 Art. XVIII. General and Miscellaneous Provisions 23 Art. XIX. When Act Takes Effect 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 159 Art. I. In General 159 Art. II. City Commission 159 Art. III. City Manager 163 Art. IV. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 164 4111 Div. 3. Fire Department 164 Div. 4. Department of Finance 165 ix ATLANTIC BEACH CODE Chapter Page 411, Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Art. VI. Employee Benefits 171 Div. 1. Generally 171 Div. 2. Old-Age and Survivors Insurance 171 Div. 3. Retirement System 173 Art. VII. Finance 187 Div. 1. Generally 187 Div. 2. Purchasing 188 Div. 3. Uniform Travel Policy and Procedure 191 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 301 5. Beaches 353 Art. I. In General 353 Art. II. Safety Zone 354 6. Buildings and Building Regulations 405 Art. I. In General 405 Art. II. Building Code 405 Art. III. Electrical Code 4091111 Art. IV. Plumbing Code 412 Art. V. Mechanical Code 413 Art. VI. Swimming Pool Code 415 Art. VII. Numbering of Buildings 416 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention Code 469 8. Flood Hazard Districts 521 9. Human Relations 577 Art. I. In General 577 Art. II. Fair Housing. 577 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 12. Nuisances 735 13. Offenses 787 14. Planning 839 Art. I. In General 839 Art. II. Advisory Planning Board 839 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property 891 • CODE INDEX UTILITIES—Cont'd. Section Streets, sidewalks and public places Digging up streets,exceptions as to public utilities 19-2 Permit required of public utilities 19-2 Subdivision regulations > Design and construction standards,easements 24-253 Underground utilities,required improvements 24-221 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Waterworks system 22-16 et seq. See: WATERWORKS SYSTEM Zoning regulations 24-136 et seq. See: ZONING V VACANT HOUSES Water service Liability of consumer for charges Allowance made for vacant houses 22-24 VACANT LOTS Depositing garbage,trash,etc.,on 16-5 Dogs and cats running at large 4-24 VACANT PRIVATE PROPERTY 4110 Loitering on,etc 13-2 VEGETATION Garbage and refuse collection and disposal Garden trash,compost piles 16-5 Leaves and grass clippings,etc. - 16-3 Gardens. See that subject Subdivisions Design and construction standards Use of natural features 24-251(2) Trees and shrubbery. See that subject Water shortages Irrigation of ferns,flowers,ornamentals,etc 22-39(c) Irrigation of lawns generally 22-39(b) Weeds and brush. See that subject VEHICLES.See:MOTOR VEHICLES AND OTHER VEHICLES VERMIN Nuisances Permitting buildings to become vermin infested 12-1(bX8) Abatement of nuisances, etc. See:NUISANSES VICIOUS DOGS Provisions re 4-28 VOLLEYBALL COURTS 41) Zoning regulations Accessory uses by zoning districts 24-151(bX1) 2157 ATLANTIC BEACH CODE WALLS.See:FENCES,WALLS,HEDGES AND ENCLOSURES Section WAREHOUSES Zoning regulations ILW industrial light and warehousing districts 24-112 Miniwarehouses 24-160 WASTEWATER SYSTEM Bills Sewer user classification rates and charges. See herein that subject Building sewers and connections Barricading,restoring excavations 22-111 Building and plumbing codes,conformance with 22-106 Connections 22-109 Connection of roof downspouts, foundation drains, surface runoff, etc. 22-108 Conformance;making gastight and watertight;deviations 22-109 Inspections;supervision of connections 22-110 Costs and expenses;indemnification of city against loss,etc. 22-101 Elevation 22-107 Excavations for building sewer installation Barricading, restoring 22-111 Old building sewers,use of 22-105 Permits Classification; application 22-103 4110 Inspections 22-110 Required 22-102 Separate building sewer for each building;exception 22-104 Use of old building sewers 22-105 Charges,classification Sewer user classification rates and charges. See herein that subject Connections Building sewers and connections; See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers -22-90 Use of public sewers required Toilet facilities,connection to public sewers 22-74 Definitions 22-56 Extensions Sewer system extensions. See herein that subject Fees Sewer user classification rates and charges. See herein that - subject Impact fees 22-170 - Disposition of 22-172 Payment of 22-171 411 2158 CODE INDEX SUBDIVISIONS—Cont'd. Section Street signs,traffic signs, etc. Required improvements 24-221 Streets Design and construction standards.See also herein that subject Construction plans and specifications, generally 24-251(5) Generally 24-252 Lots, street access 24-255(d) Required improvements 24-221 Traffic signs and signals Required improvements 24-221 Utilities Construction plans, specifications and permits Sewer and water commitment 24-206(c) Easements Design and construction standards 24-253 Required improvements 24-221 Vacation of plats 24-189 Waiver 187 Water,water system, etc. Application for water service in new subdivisions 22-37 Construction plans, specifications and permits Sewer and water commitment - 24-206(c) Required improvements Water system 24-258 Water system,water management facilities 24-221 Wells Design and construction standards Lots,provisions re septic tanks or wells 24-255(b) Zoning regulations 24-31 et seq. See: ZONING SUBPOENAS Code enforcement board's power to subpoena witnesses, records, etc. 2-148 SUPPLEMENTATION OF CODE Revisions re 1-10 SURETY BOND. See: BOND, SURETY SURFACE WATER. See: DRAINAGE SURFBOARDS Beaches,provisions re using or riding surfboards 5-5 SURVEYS Advisory planning board Special survey work of city manager 14-20(10) Code enforcement board's power to subpoena surveys, plats, etc. 2-148 SWIMMING Beaches. See that subject 2151 ATLANTIC BEACH CODE SWIMMING POOL CODE Section 41110 Adoption 6-91 SWIMMING POOLS Enclosed or roofed pools to comply with building code and zoning regulations 6-92 Water shortages • Filling swimming pools 22-39(eX3) Zoning regulations Accessory uses by zoning districts 24-151(b)(1) Supplementary regulations 24-164 SYNDICATES Definition of"person"to include syndicates 1-2 T TAXATION Certain ordinances saved from repeal 1-5 Insurance premium taxes Casualty risks 20-76 Payment date 20-78 Property insurance 20-77 Occupational license tax Businesses falling under more than one classification 20-55 Compliance by licensees 20-56 Definitions 20-51 Due date and delinquencies;penalties 20-54 Exemptions 20-58 Half-year licenses 20-53 Levy 20-52 Operating at more than one location 20-55 Schedule of fees 20-59 Transfer 20-57 Public service cax Duty of seller to collect tax and pay same to city 20-17 Exemption of governmental agencies and churches 20-19 Failure of seller to collect tax 20-17 Imposed, amount 20-16 Nonpayment of tax Authority of seller to discontinue service 20-17 Payment to be made to seller 20-16 Records to be kept by seller 20-18 Inspection of records by city agents 20-18 Telephone service Duty of seller to collect 20-33 Exemptioi:s 20-32 Levy;when payable 20-31 Monthly payments;computation of tax 20-36 Records to be kept by seller 20-34 Inspector, transcripts 20-34 Telephone calls,limitation as to 20-35 • 2152 CODE INDEX 410 STREETS,SIDEWALKS AND OTHER PUBLIC PLACES—Cont'd. Section Use of noise-producing instruments outdoors on own premises Facing upon public or private streets 11-3 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water-source heat pumps onto pub- lic streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets 12-1(bX2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets,etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or opposite street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Public place defined 1-2 Signs and advertising structures Interference with use of streets and sidewalks 17-4 Maximum height above sidewalks 17-9 • Obstructing vision or view at street intersection 17-5 Signs,posters,etc.,prohibited on streets and sidewalks 17-8 Stopping, standing or parking vehicle alongside or opposite street excavation 21-17(6) Stopping,standing or parking vehicle on sidewalks 21-17(1) Subdivisions Design and construction standards 24-252 Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 Zoning regulations Planned unit development(PUD) Street design 24-136(e) SUBDIVISIONS Adoption; authority 24-1 Advisory planning board,duties re subdividing land 14-20 Amendments 24-4 Application procedure Completion of improvements prior to recording of plat 24-232 Concept plan; submittals and review process Fees 24-203(c) Required submittals 24-203(a) Review process 24-203(b) Time limit 24-203(d) Construction plans, specifications and permits Certification of permanent reference marker location 24-206(e) 2147 ATLANTIC BEACH CODE SUBDIVISIONS—Cont'd. Section City commission action 24-206(d) Intent 24-206(a) Issuance of construction permit 24-206(0 Required,submittals 24-206(b) Sewer and water commitment 24-206(c) Term of construction permit and revocation 24-206(g) Unlawful to construct without construction permit 24-206(h) Final plat; submittals and review process Fees 24-205(c) Required submittals 24-205(a) Review process 24-205(b) General requirements 24-201 Permits. See within this subheading: Construction Plans, Specifications and Permits Plat review procedure 24-202 Preliminary plat; submittals and review process Construction plan and specification review 24-204(e) - Fees 24-204(c) Required submittals 24-204(a) Review process 24-204(b) Time limit 24-204(d) Vacation of plats 24-189 Blocks Design and construction standards 24-254 Building setback lines • Design and construction standards,lots 24-255(f) Construction Commencement of construction 24-231 Design and construction standards. See herein that subject Final plat Construction plans and specifications 24-205(ax1) Preliminary plat Construction plan 24-204(e) Construction plans Application procedure. See herein that subject Definitions 24-17 Design and construction standards Blocks 24-254 Conformity to city policies 24-251(1) Construction plans and specifications,general 24-251(5) Easements Drainage, watercourses 24-253(b) Other drainage easements 24-253(c) No city expense 24-253(e) Pedestrian and service easements 24-253(d) Utilities 24-253(a) General construction methods 24-251(4) General requirements 24-251 2148 CODE INDEX 41) SIGNS AND ADVERTISING STRUCTURES—Cont'd. Section Bond or public liability insurance Required for certain signs 17-3 Concealing rear of sign structure 1 =16 Damaged signs,removal of 17-7 Doors and windows Signs obstructing 17-6 Signs,posters,etc.,prohibited on 17-8 Electric code,compliance with 17-12 Electrical conductors,proximity to 17-15 Electrical permits 17-12 Electrical wiring,installation of 17-13 Electricity, static 17-14 Exemptions Certain signs exempted from operation of provisions 17-1 Fire and traffic hazards Signs creating 17-4 Fire escapes, signs obstructing 17-6 Flashing,revolving or blinker-type outdoor lights 17-10 Flat signs Permitted signs 17-2(bX1) Height Minimum height above sidewalks 17-9 - Horizontal projecting signs Permitted signs 17-2(bX2) Insurance required for certain signs 17-3 Maintenance generally;removal of damaged signs 17-7 Maintenance of signs on state highway rights-of-way 17-35 Marquee or awning signs Permitted signs 17-2(bX6) "No soliciting"or"no peddlers"signs on premises 18-2(3) Noise interfering with schools, courts or churches Conspicuous signs to be displayed in streets,etc. 11-10 Nonconforming signs 17-17 Obstructing doors,windows and fire escapes 17-6 Obstructing vision or view at street intersections,etc 17-5 Permits Application for 17-32 _ Computation of sign area 17-33 Electrical permits 17-12 Fees 17-34 Maintenance of signs on state highway rights-of-way 17-35 Required 17-31 Permitted signs 17-2 Pole signs Permitted signs 17-2(bX5) Rear of sign structure,concealing 17-16 Roof signs Permitted signs 17-2(bX4) Securing signs 17-11 Setback requirements 17-12 2143 ATLANTIC BEACH CODE SIGNS AND ADVERTISING STRUCTURES=Cont?d. Section • Sidewalks. See herein: Streets and Sidewalks Sign area, computation of 17-33 State highway rights-of-way Maintenance of signs on 17-35 Streets and sidewalks Minimum height above sidewalks;maximum projection 17-9 Signs interfering with use of 17-4 Signs,posters,etc.,prohibited,on sidewalks or.streets 17-8 Traffic. See also that subject Confusion with,use of words on traffic-control signs 17-5 Signs creating traffic hazards 17-4 Signs obstructing vision or view 17-5 Utility poles Signs,posters,etc.,prohibited on 17-8 Vertical projecting signs Permitted signs 17-2(b)(3) Walls,fences, etc. Signs,posters,etc.,prohibited on 17-8 Windows.:See therein: Doors and Windows Zoning-regulations. .. 24-166 Posting signs on property undergoing zoning proceedings 24-47(9) SIRENS Noise provisions Use of sirens on vehicles 11-441111 SITES Zoning regulations . . ... . . .. . . . ._ . 24-103(d) See: ZONING SLEEPING • Loitering,sleeping,etc.,in streets,parks,etc 13-2 SMOKESTACKS Zoning regulations Height limitations 24-156 SOCIAL SECURITY Old-age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES SOIL Subdivisions Design and construction standards Soil and flood hazards 24-251(3) SOLICITORS, PEDDLERS, ETC. Definition of"solicitor" 18-1 Entering upon residential premises under false pretenses 18-2 Noise. See a\lso that subject . Crying or balling out by hawkers, taxicab drivers soliciting passengers, etc. 11-2 Noise in public places generally 11-2 2144 CODE.INDEX PICNICS Section Beaches,picnicking on 5-3' PILE DRIVERS, STEAM SHOVELS, ETC. Noise provisions Building operations at night 11-6 PLANNED UNIT DEVELOPMENTS(PUD) Subdivisions,required improvements 24-222 Zoning regulations 24-126 et seq. See: ZONING PLANNING Advisory planning board Certification of plans and recommendations to city commission 14-21 Composition 14-17 Created 14-16 Duties 14-20 Local planning agency 14-22 Officers 14-17 Planned unit development(PUD) Action by advisory planning board 24-132(b) Qualifications of members 14-17 Removal of members 14-19 Terms of office of members 14-18 Vacancies, filling 14-18 Zoning. See also that subject Advisory planning board to serve as planning agency 24-48 Comprehensive plan 14-1 Zoning regulations 24-31 et seq. See: ZONING PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 Subdivision regulations 24-186 et seq. See: SUBDIVISIONS PLUMBING CODE Adoption 6-56 Building sewers and connections Conformance with plumbing code 22-106 Certificates of competency 6-57 Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fee 6-59 To whom issued - • 6-60 Waterworks system 4110 Approval of plumbing prior to connection with water system 22-35 2137 ATLANTIC BEACH CODE PNEUMATIC HAMMERS Section • Noise provisions Building operations at night 11-6 POISONOUS SOLIDS,LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 POLE SIGNS Permitted signs 17-2(bX5) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES POLES AND WIRES Signs and advertising structures Signs, posters, etc., prohibited on utility poles, telephone poles, etc. 17-8 Trees Damaging by permitting wires, chains, etc., to be installed around tree 23-19 Zoning regulations Height limitations for flagpoles,etc. 24-156(b) POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 Chief of police Appointment, compensation 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency 15-21 Director of public safety Supervision of police department 2-41 Powers and authority of deputies and chief 2-53 POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets,etc . . . 22-72 POWER FANS Muffling of 11-7 2138 CODE INDEX MECHANICAL CODE Section Adoption 6-76 Inspection fee 6-77 MERCHANDISE Zoning regulations Display of used merchandise outside of business 24-154 METERS Water meters 22-21 et seq. See: WATERWORKS SYSTEM- MILITARY City employees retirement system Military service credit 2-275 MINIWAREHOUSES Zoning regulations 24-160 MINORS Child care centers Zoning regulations 24452 Children playhouses Zoning regulations Accessory uses by zoning district 24-151(b)(1) Definition of"person"to include children 1-2 41) Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES MISDEMEANORS State misdemeanors 13-1 MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers,boats, etc.) Definitions 10-1 Minimum requirements for parks 10-2 Stopping,standing or parking of recreational vehicles 21-22(b) Zoning regulations 24-151(bX1), 24-163 Water shortages Washing of trailers,boats,etc 22-39(e) Zoning regulations Accessory uses by zoning district Parking of recreational vehicles 24-151(bXl) Storage and parking of vehicles and equipment in residen- tial districts 24-163 Temporary construction offices 24-168 Temporary residence,campers and trailers 24-82(h) MONTH Defined - 1-2 41) 2129 ATLANTIC BEACH CODE MONUMENTS Section Subdivisions Design and construction standards Required improvements, monuments 24-256 MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes 12-1(bX4) Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Barricades preventing entry of vehicles and other traffic 5-18 Operation of motorized apparatus within 200 feet of beach 5-7 Safety zones,use of vehicles prohibited 5-17 Impounding vehicles for animals Breaking open gate,etc.,of vehicle 4-3 Noise. See also that subject Blowing horns;taxicab drivers soliciting passengers;etc11-2 Use of sirens,whistles,etc.,on vehicles 114 Nuisances enumerated 12-1(bX6), (7) Abatement of nuisances, etc. See: NUISANCES Obstruction of passage of vehicle 13-2 Recreational vehicles 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHICLES Traffic regulations 21-1 et seq. See: TRAFFIC 4110 Water shortages Washing of vehicles 22-39(e) Zoning regulations 24-163 et seq. See: ZONING MOTORIZED APPARATUS Beaches Operation of motorized apparatus within 200 feet of beach 5-7 MUFFLERS Noise provisions Muffling of blowers,power fans and engines 11-7 MULES Maintaining stable 4-7 MUSIC Alcoholic beverage establishments Playing of musical or noise-producing equipment outside of buildings 3-10 Noise provisions 11-2 et seq. See: NOISE: t MUZZLES Dogs 4-25,4-28 11111 2130 CODE INDEX 4110 N NATIONAL ORIGIN Section Discrimination because of,fair housing 9-16 et seq. See: FAIR HOUSING NESTS OF BIRDS OR WILD FOWL Molesting, etc. 4-4 NIGHTTIME Mobile home parks and recreational vehicle parks Park or camp areas to be illuminated properly all night 10-2(2) Noise provisions Building operations at night 11-6 NOISE Alcoholic beverage establishments Playing of musical or noise-producing equipment outside of buildings 3-10 Animal or bird noises 11-9 Animals or fowl persistently making noise,etc 4-6 Dogs and cats disturbing the peace 4-27 Nuisances. See also that subject Keeping animals,chickens,etc.,which create noise 12-1(b)(5) Building operations at night 11-6 General prohibitions 11-1 Loudspeakers Hours of use;permit requirements 11-8 Loudspeakers, alcoholic beverage establishments Playing of musical or noise-producing equipment outside of buildings 3-10 Muffling of blowers,power fans and engines 11-7 Musical instruments Alcoholic beverage establishments Playing of musical or noise-producing equipment outside of buildings 3-10 Noise in public places generally 11-2 Playing of instruments generally 11-5 Use of instruments outdoors on own premises 11-3 Noise-producing equipment Alcoholic beverage establishments Playing of musical or noise-producing equipment outside of buildings 3-10 Use of instruments outdoors on own premises 11-3 Nuisances. See also that subject Keeping animals,chickens,etc.,which create noise 12-1(bX5) Public places,noise in generally 11-2 Schools, courts, churches Interfering with 11-10 Sirens,whistles, gongs, etc. Use of on vehicles prohibited 11-4 2131 ATLANTIC BEACH CODE NOISE—Cont'd. Section Zoning regulations Planned unit development(PUD) Privacy,reduction of noise 24-135(f) NONCONFORMING STRUCTURES Signs and advertising structures 17-17 NONCONFORMING USES OR BUILDINGS Zoning regulations 24-85 NUISANCES Abandoned, wrecked,junked, etc.,vehicles Declared nuisance 21-24(b) Abatement of conditions 12-2 Animals and fowl,nuisance provisions 4-4 et seq. See: ANIMALS AND FOWL Enumerated 12-1 Notices,hearings,abatement of conditions 12-2 Public sewers, use of Prohibited discharges creating public nuisance 22-129(2) Signs not kept in good condition, state of repair, etc., consti- tutes public nuisance 17-7 Violations,penalty 12-3 Zoning regulations Establishments offering dancing or live entertainment, cre- ation of nuisance 24-1554110 NUMBER Defined 1-2 NUMBERING OF BUILDINGS Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS Subdivisions Design and construction standards Street names and house numbers 24-252(j) NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehicle parks 10-2(7) 0 OATH Code enforcement board's power to take testimony under oath . 2-148 Defined 1-2 OBSTRUCTIONS Abandoned,wrecked,junked, etc., vehicles Leaving unattended alongside or opposite obstructions, cre- ating obstructions, etc. 21-25 Lifeguard activities at beaches Parking of sailboats not to obstruct 5-6 Obstructing access to public buildings,etc 13-2 2132 CODE INDEX EASEMENTS—Cont'd. Section Waterworks system Granting necessary easements by consumer 22-20 ELECTRIC HOISTS Noise provisions Building operations at night 11-6 ELECTRICAL CODE Certificates of competency 6-32 Electrical inspections Fees 6-37 Inspections by electrical inspector 6-36 Interference with electrical inspector 6-40 Permit prerequisite to inspection 6-38 Right of entry of electrical inspector 6-39 Electrical permits Fees 6-37 Permit prerequisite to inspection 6-38 Required,to whom issued 6-35 Signs and advertising structures 17-12 Employing only certified electricians by master electricians; exception 6-34 Improper use of name of licensed master electricians 6-33 Inspections. See herein: Electrical Inspections Mobile home parks and recreation vehicle parks Electric wiring to comply with electrical code 10-2(4) Permits. See herein:Electrical Permits Signs and advertising structures Compliance with electrical code 17-12 Electrical permits 17-12 Installation of electrical wiring,etc.,by licensed electrician 17-13 Proximity to electrical conductors 17-15 Static electricity 17-14 Standards for materials,installations,etc 6-31 ELECTRICITY Public service tax on electricity 20-16 et seq. See: TAXATION EMERGENCIES Beaches, closing during emergencies 5-1 Noise provisions Building operations at night in case of emergency 11-6 Stopping,standing or parking of vehicles for emergency repairs 21-21(2) Waterworks system Right of city to restrict use of water in cases of emergency 22-36 Water shortages 22-39 EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES,WALLS, HEDGES AND ENCLO- SURES 2117 ATLANTIC BEACH CODE ENGINES Section 411) Muffling of blowers,power fans and engines 11-7 ENTERTAINMENT Zoning regulations Establishments offering dancing or live entertainment 24-155 ESTATES Definition of"person"to include estate 1-2 EXCAVATIONS Abandoned wells, excavations, etc. Nuisance provisions 12-1(bX6) Abatement of nuisances,etc. See: NUISANCES Abandoned,wrecked,junked,etc.,vehicles Leaving unattended alongside or opposite street excava- tions 21-25(aX1) Building sewers and connections Barricading,restoring excavations 22-111 Excavations,conformance with building and plumbing codes 22-106 Stopping, standing or parking vehicle alongside or opposite any street excavation 21-17(7) Streets,digging up prohibited 19-2 EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 410F FAIR HOUSING(Discrimination because of race,color, sex,reli- gion,national origin, etc.) Complaints 9-20 Definitions 9-16 Educational activities 9-19 Enforcement by civil action • 9-24 Exemptions 9-23 Financing of houses,discrimination in 9-22 Interference,coercion or intimidation •9-24 Multiple listing services 948 Prohibited conduct 9-17 Remedies Use of remedies of provisions,other remedies 9-21 Violations 9-25 Complaints 9-20 Enforcement by civil action 9-24 Use of remedies 9-21 FAIRS Water service,temporary 22-19 FALLOUT SHELTERS Zoning regulations -Accessory uses and structures 24-151(bX1) 2118 CODE INDEX 4111 FENCES,WALLS, HEDGES AND ENCLOSURES Section Animal shelter Breaking open fences,gates or enclosures of animal shelter 4-3 Nuisances enumerated- Structurally unsound fences 12-1(bX6) Abatement of nuisances, etc. See:NUISANCES Signs and advertising structures Signs,posters,etc.,prohibited on gates,fences,walls,etc17-8 Swimming pools Enclosure to comply with building code and zoning regulations 6-92 Zoning regulations 24-135(b)et seq. See:ZONING FIDUCIARIES Definition of"person"to include fiduciaries 1-2 FILLING STATIONS Removal of spent oils or greases accumulated at 16-9 Zoning regulations Supplementary regulations for service stations 24-165 FILTH Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES FINANCES 110 Allotments constitute basis of expenditures and are subject to revision 2-312 Appropriations Allotmentsconstitute basis of expenditures and subject to revision 2-312 Certain ordinances saved from repeal 1-5 Lapse of appropriations 2-315 Transfer of appropriations 2-313 When contracts and expenditures prohibited J 2-314 Certain ordinances saved from repeal 1-5 Contracts. See also that subject When contracts and expenditures prohibited 2-314 Department of finance Created 2-72 Director of finance Appointment 2-71 Assisting in preparation of budget;accepting other respon- sibilities 2-76 Duties generally 2-74 Financial information 2-75 Investment of funds 2-73 Duties 2-78 Functions 2-77 Director of finance. See herein: Department of Finance Dishonored checks 2-317 Fees paid to city government 2-316 Fiscal year 2-311 2119 ATLANTIC BEACH CODE FINANCES—Cont'd. Section Lapse of appropriations 2-315 Purchasing 2-331 et seq. See: PURCHASES, PURCHASING Taxation 20-16 et seq. See:TAXATION Transfers of appropriations 2-313 Uniform travel policy and procedure 2-356 et seq. See: TRAVEL FINANCING,OF.HOUSING Discrimination in 9-22 See also: FAIR HOUSING FINES,FORFEITURES AND PENALTIES.See also specific subjects General penalty;continuing violations 1-11 FINGERPRINTING Solicitors 18-17 FIRE DEPARTMENT Chief of fire department Appointment 2-61 Compensation 2-61 Duties and authority 2-62 Fire prevention code Appeals from actions of chief 7-19 Enforcement of code by chief 7-17 110 Modifications of code by chief 7-18 Director of public safety Supervision of fire department 2-41 Fire chief. See herein: Chief of Fire Department Life guard division 2-63 FIRE ESCAPES Signs obstructing 17-6 FIRE HYDRANTS Abandoned,wrecked,junked, etc., vehicles Leaving unattended within fifteen feet of hydrant 21-25(aXl) Stopping, standing or parking vehicle within fifteen feet of hydrant 21-17(4) Water shortages Permitting water to be used from fire hydrants 22-39(eX4) FIRE PREVENTION AND PROTECTION Arsonists Reward for information leading to conviction of 7-1 Code. See herein: Fire Prevention Code Fire prevention code Adoption 7-16 Appeals from actions of chief of fire department 7-19 Enforcement 7-17 Modifications 7-18 2120 CODE INDEX FIRE PREVENTION AND PROTECTION—Cont'd. Section Violations Penalty;separate offenses;removal of prohibited conditions . 7-20 Reward for information leading to conviction of arsonists 7-1 Water service charges Private fire protection service 22-30 Zoning regulations Planned unit development(PUD) Access for fire-fighting equipment 24-136(c) FIREARMS AND WEAPONS Discharging firearms, air guns, etc. 13-3 Hunting,shooting,etc.,birds or wild fowl 4-4 FIRES Advisory planning board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires,floods,etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc., be- cause of fire 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs creating fire hazards 17-4 110 Water service,provisions re meters destroyed by fire Basis for billing if meter fails to register 22-25 FIRMS Definition of"person"to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 FLOOD HAZARD DISTRICTS Applicability of provisions 8-3 Definitions 8-1 Enforcement 8-11 HFH and GFH districts Development of GFH districts 8-9 Development of HFH districts 8-8 Requirements applicable to 8-7 Intent 8-2 Interpretation of district boundaries 8-5 Liability of city 8-4 Maps adopted 8-6 Subdivisions Design and construction standards Soil and flood hazards 24-251(3) Variances 8-10 FLOODLIGHTS 111111 Signs and advertising structures Use of spotlights and floodlights 17-10 2121 ATLANTIC BEACH CODE FLOODS Section Advisory planning board Duties of board re reconstruction, replanning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants,etc 3-2 et seq. Loitering in restaurants, luncheonettes,etc. 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances saved from repeal 1-5 FRAUD City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGES Removal of spent oils or greases accumulated at 16-9 Zoning regulations Accessory uses and structures 24-151(bx1) GARBAGE AND REFUSE Beaches,littering 5-4 Burial of garbage 16-4 Collection Fees for collection 16-7 Garbage cans and trash containers for collection 16-2 Noncomplying trash collection 16-8 Permit for 16-6 Compost piles 16-5 Definitions 16-1 Depositing on vacant lots,streets,parks,etc. 16-5 Fees for collection 16-7 Garbage cans and trash containers Emptying contents 16-2(d) Inspection and approval 16-2(c) Required 16-2(a) Storage 16-2(b) Garden trash 16-5 Leaves and grass clippings;tree trunks 16-3 Lot cleaning or clearing by contractors,etc. Removal of trash and debris caused from operation of 16-9 Noncomplying trash collection 16-8 Nuisances. See also that subject Abandoned building material,building rubbish,etc. 12-1(bX7) 2122 CODE INDEX BEACHES—Cont'd. Section Operation of motorized apparatus within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 Picnicking 5-3 Safety zone Barricade 5-18 Establishment;hours and periods of use 5-16 Use of vehicles and riding of animals prohibited 5-17 Sailboats Parking not to obstruct lifeguard activities 5-6 Surfboards 5-5 Undressing or changing clothes 5-2 Vehicles Safety zone Use of vehicles prohibited 5-17 BEAUTIFICATION Advisory planning board Duties of board re beautification of city 14-20(7) BELLS Noise. See also that subject Ringing handbells,etc.,in public places generally 11-2 BENEFITS OF EMPLOYEES.See:OFFICERS AND EMPLOYEES BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUCTURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary;shooting,molesting,etc.,birds 4-4 BITES Dog bites, etc. 4-28, 4-29 BLOCKS Subdivisions Design and construction standards 24-254 BLOWERS OR POWER FANS Muffling of 11-7 BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOAT TRAILERS. See:RECREATIONAL VEHICLES BOATS Beach regulations Operation of motorized apparatus within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 BOND ISSUES Certain ordinances saved from repeal 1-5 2107 ATLANTIC BEACH CODE BONDS, BAIL Section Additional court costs assessed for police training Forfeited bail bonds 15-1 BONDS, BID Purchasing procedure,bid deposits or bid bonds 2-333 BONDS, MAINTENANCE Subdivisions, assurance for completion and maintenance of improvements 24-233 BONDS,PERFORMANCE Purchasing,bid procedure Performance and labor and material payment bonds 2-335(c) BONDS, PERSONAL Subdivision developers Personal bond with letter of credit 24-232(a)(3) BONDS, SURETY Signs and advertising structures Bond requirements for certain signs 17-3 Subdivision developers,surety bond to be furnished 24-232(aX4) BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal 1-5 Director of finance's duties re 2-76 See also: FINANCES BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 Swimming pool enclosures,roofed Compliance with building code 6-92 Wastewater system,building sewers and connections Conformance with building code 22-106 Zoning regulations, construction within the districts Structures to comply with building code 24-66(b) Building official Flood hazard districts,enforcement of provisions 8-11 Numbering of buildings Duties of official 6-108 Trees,building official's jurisdiction and authority re 23-16, 23-17 Trees regulated Authority regarding supervision of work,under permits . . 23-17 Jurisdiction and supervision of building official 23-16 Building permits Zoning regulations Administrative official's powers and responsibilities 24-47(7) Provisions generally 24-65 Building sewers and connections 22-101 et seq. See: WASTEWATER SYSTEM 111 2108 CODE INDEX A ABANDONMENT Section Nuisances enumerated Abandoned wells,basements,refrigerators,etc 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles,refrigerators,etc. 12-1(bX7) Parking of abandoned vehicles 21-24 et seq. See: TRAFFIC ACCESS Subdivisions Design and construction standards Access to public streets 24-252(c) Lots, street access 24-255(d) Zoning regulations 24-135(e)et seq. See: ZONING ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct,provisions re advertisement 9-17 Noise provisions Loudspeakers for advertising purposes 11-8 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES AIR RIFLES,AIR PISTOLS, ETC. Discharging prohibited 13-3 ALCOHOLIC BEVERAGES Conditions of existing establishments 3-8 Consumption on vendor's premises 3-11 Consumption,possession of open containers upon public property 3-12 Definitions 3-1 Distances, measurement of 3-7 Existing establishments, conditions of 3-8 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-9 Location of establishments,restrictions on 3-6 Locations where on-premises sales prohibited 3-5 Music, noise Playing of musical or noise-producing equipment outside of buildings 3-10 Persons not holding license to sell 3-3 Premises where sales permitted 3-4 Restrictions on location of establishments 3-6 1111 Sales permitted Premises where sales permitted 3-4 2103 ATLANTIC BEACH CODE ALCOHOLIC BEVERAGES—Cont'd. Section Sales prohibited Locations where on-premises sales prohibited 3-5 ALLEYS Abandoned, wrecked,junked, etc.,vehicles Leaving unattended upon alley 21-25(a)(4), (5) Dogs and cats running at large 4-24 Garbage, trash, etc. Depositing in alleys 16-5 Nuisances enumerated Throwing,discharging,etc.,garbage,filth,etc.,into alleys 12-1(bX2) Abatement of nuisances, etc. See: NUISANCES AMENDMENTS TO CODE Provisions re 1-9 ANIMALS AND FOWL Animal control officer Appointment 4-1 Interfering with officers 4-2 Animal shelter Breaking open fences,gates,etc.;letting loose animals;etc4-3 Beaches Use of vehicles and riding of animals prohibited 5-17 Bird sanctuary City designated;shooting,molesting,etc.,birds 4-4 Cats. See herein: Dogs and Cats Cruelty to animals 4-5 Dead animals,removal and disposal of 4-8 Dogs and cats Damaging property 4-26 Definitions 4-21 Disturbing the peace 4-27 Impoundment 4-23 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25, 4-28. Rabies Dogs or cats suspected of having rabies 4-29 Registration and tagging required 4-22 Impoundment of unregistered dogs or cats 4-23 Registration and tagging Impoundment of unregistered dogs or cats 4-23 Required 4-22 Running at large 4-24 Vicious dogs 4-28 Vicious dogs 4-28 Zoning regulations for doghouses, pens,etc. Accessory uses by zoning district 24-151(bXl) Hogs,keeping 4-7 2104 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 90-82-72 1-10-83 1 24-17 96-82-76 1-10-83 1 24-17 10-82-14 1-24-83 1 3-6 10-83-15 2-14-83 1 3-2 57-83-9 2-28-83 1 241 2-51-2-53 2-61-2-63 25-83-16 5- 9-83 1, 2 8-1 3 8-7 4 8-8 5 8-9 6 8-2, 8-10 15-83-5 6-27-83 Char., Art. XV (note) 90-83-80 6-27-83 I 24-17 II, III 24-46 IV 24-62 V 24-110 80-83-23 6-27-83 1(Art. I, §§ 1-26)22-56 1(Art. II, § 1) 22-71 1(Art. II, § 2) 22-72 111 1(Art. II, § 3) 22-73 1(Art. II, § 4) 22-74 I(Art. III, § 1) 22-87 I(Art. III, §§ 2, 3) 22-88 I(Art. III, § 4) 22-89 I(Art. III, § 5) 22-90 I(Art. III, § 6) 22-91 I(Art. III, § 4) 22-86 I(Art. IV, § 1) 22-102 I(Art. IV, § 2) 22-103 I(Art. IV, § 3) 22-101 I(Art. IV, § 4) 22-104 I(Art. IV, § 5) 22-105 I(Art. IV, § 6) 22-106 I(Art. IV, § 7) 22-107 I(Art. IV, § 8) 22-108 I(Art. IV, § 9) 22-109 I(Art. IV, § 10) 22-110 I(Art. IV, § 11) 22-111 I(Art. V, § 1) 22-127 I(Art. V, § 2) 22-128 I(Art. V, § 3) 22-129 I(Art. V, § 4) 22-130 I(Art. V, § 5) 22-131 I(Art. V, § 6) 22-132 I(Art. V, § 7) 22-133 I(Art. V, § 8) 22-134 I(Art. V, § 9) 22-135 1991 ATLANTIC BEACH CODE Ordinance Section Number Date Section this Code I(Art. V, § 10) 22-136 I(Art. V, § 11) 22-126 1(Art. VI, § 1) 22-57 I(Art. VII, § 1) 22-151 I(Art. VII, § 2) 22-152 I(Art.VII, § 3) 22-153 22-153 I(Art. VII, § 4) 22-154 I(Art. VIII, § 1) 22-166 22-167 I(Art. VIII, § 4) 22-169 I(Art. VIII, § 5) 22-170 22-171 22-172 22-173 22-174 22-168 22-175 I(Art. IX, § 1) 22-191 I(Art. IX, § 2) 22-192 I(Art. IX, § 3) 22-193 I(Art. IX, § 4) 22-194 I(Art. IX, § 5) 22-195 90-83-81 7-11-83 1 24-126-24-136 80-83-24 9-12-83 1 22-167 2-20 5-83-10 12-12-83 1 2-16 5-83-13 12-12-83 1 15-19 2 15-21 90-83-82 12-12-83 1 24-188, 24-198 5-83-11 1- 9-84 1 2-356 2 2-357 3 2-358 4 2-359 5 2-360 6 2-361 7 2-362 8 2-363 9 2-364 10 2-365 11 2-366 5-83-12 2-13-84 2 2-331-2-336 2-337 4 2-338 57-84-10 4- 9-84 21-38 [The next page is 2043] 1992 ADMINISTRATION § 2-143 41) DIVISION 2. CODE ENFORCEMENT BOARD* Sec. 2-141. Created;membership;terms. (a) There is hereby created a code enforcement board of the city, which shall consist of seven (7) members to be appointed by the mayor and approved by the city commission. All members of the board shall be residents of the city and shall serve without compensation. (b) The membership of the code enforcement board shall whenever possible consist of the following experts: (1) Architect; (2) A businessman; (3) An engineer; (4) A general contractor; (5) A realtor; (6) A subcontractor. (c) Any member may be reappointed for one(1)successive term upon approval of the city commission. Each term after the initial appointments shall be for a period of three(3)years. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.05. Sec. 2-142. Removal;filling vacancies. Members of the code enforcement board may be removed from office by the city commis- sion for cause upon written charges and after public hearing.Any member who fails to attend two(2) out of three (3) consecutive meetings without cause and without prior approval of the chairman of the code enforcement board shall automatically forfeit his appointment and the city commission shall promptly fill such vacancy.Vacancies shall be filled by appointment by the mayor and approval of the city commission for the unexpired terms affected. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions,F.S. § 162.05. Sec. 2-143. Meetings;election of officers; quorum. (a) At the first meeting of the code enforcement board, the members of the board shall elect a chairman and a vice-chairman to preside in the absence of the chairman.The presence of four (4) or more members shall constitute a quorum necessary to take action. Meetings of the board shall occur no less frequently than once every two (2)months, but the board may meet more often as necessary. 4111 *State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162. 167 § 2-143 ATLANTIC BEACH CODE (b) Special meetings of the board may be convened by the chairman upon the giving of 111) notice thereof to each other member of the board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty-four(24)hours prior thereto. (Ord.No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.07. Sec. 2-144. Minutes of hearings;clerical and administrative personnel. Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The city commission shall provide clerical and adminis- trative.personnel as may be reasonably required by the board for the proper performance of its duties. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions,F.S. § 162.07. Sec. 2-145. City attorney. The city attorney shall either be counsel to the code.enforcement board or shall represent the city by presenting cases before the board; but in no case shall the city attorney serve in both capacities. Each case before the board shall be presented by either the city attorney or by a member of the administrative staff of the municipality. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-81-22, § 1, 2-9-81) State law reference—Similar provisions,F.S. § 162.05(4). Sec. 2-146. Jurisdiction. (a) The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following codes and ordinances of the city: (1) Buildings and Building Regulations(Chapter 6 of the Code); (2) Fire Prevention and Protection(Chapter 7 of the Code); (3) Flood Hazard Districts(Chapter 8 of the Code); (4) Mobile Homes and Recreational Vehicles(Chapter 10 of the Code); (5) Refuse and Garbage(Chapter 16 of the Code); (6) Signs and Advertising Structures(Chapter 17 of the Code); (7) Occupational License Tax(Chapter 20,Article III of the Code); (8) Wastewater System(Chapter 22, Article III of the Code); (9) Trees(Chapter 23,Article II of the Code); (10) Accumulation of Weeds(Chapter 23, Article III of the Code); (11) Zoning and Subdivisions Regulations(Chapter 24 of the Code). (b) The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions in subsection(a) may be pursued by appropriate remedy in 168 ADMINISTRATION § 2-148 court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. (Ord. No. 95-80-21, § 3, 12-8-80) State law reference—Intent, F.S. § 162.02. Sec. 2-147. Procedure;hearings. t(a) An,alleged violation of any of the provisions in subsection (a) shall be filed with the board by the administrative official whose responsibility it is to enforce that respective code or ordinance. If a violation of a code or ordinance is believed to exist,the official shall notify the violator (respondent) and give the respondent a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the administrative official shall recite to the board the name and address of the respondent,the code provision involved:and a short factual statement for the belief that a violation exists. The code enforce- ment board may then order that a hearing be held at a subsequent meeting of the board, and shall give notice thereof to the respondent by certified mail, return receipt requested, or by personal:service. (b) At the hearing the burden of proof shall be upon the administrative official to show to a preponderance of the evidence that a violation does exist. Assuming proper notice of the hearing has been provided to the respondent as provided in subsection (a) above, a hearing may proceed in the absence of the respondent. All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial or unduly repetitions evidence shall be excluded,but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not the evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. (c) Any member of the board, or the attorney appointed to represent the board, may inquire of any witness before the board.The alleged violator,or his attorney, and the attorney representing the code inspector shall be permitted to inquire of any witness before the board. (d) At the conclusion of the hearing, the code enforcement board shall issue findings of fact and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted in this division. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten(10)days after the hearing. The finding shall be by motion approved by the affirmative vote of at least four(4)members. (Ord. No. 95-80-21, § 4, 12-8-80) Sec. 2-148. Powers. The code enforcement board shall have the power to: (1) Adopt rules for the conduct of its meetings and hearings. (2) Serve respondents and subpoena witnesses to hearings. (3) Subpoena records, surveys, plats and other documentary materials. (4) Take testimony under oath. 169 § 2-148 ATLANTIC BEACH CODE (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, the decision to be made at the hearing and reduced to writing and mailed to the respondent within ten (10) days thereafter. (6) Establish fines pursuant to section 2-149 herein. (Ord. No. 95-80-21, § 5, 12-8-80) State law reference—Similar provisions,F.S. § 162.08. Sec. 2-149. Penalties;lien. (a) The code enforcement board may order a respondent to pay a fine not to exceed two hundred fifty dollars ($250.00) per day that any violation continues past the date set for compliance in the order of the board issued after the hearing.A certified copy of an order for a fine may be recorded in the public records of the office of the clerk of the circuit court in and for the county, and once recorded, shall constitute a lien against the land on which the violation exists. No lien shall exceed five thousand dollars ($5,000.00) in total principal amount, although accrued interest may accumulate above said amount. (b) After one (1) year from the filing of the lien which remains unpaid, the city may foreclose the lien in the same manner as mortgage liens are foreclosed. The lien shall be superior to all other liens except a lien for taxes,and shall bear interest at the rate of ten(10) percent per annum from the date filed. (Ord. No. 95-80-21, § 6, 12-8-80) State law reference-Similar provisions,F.S. § 162.09. Sec. 2-150. Duration of lien. No lien provided under this division shall continue for a period longer than two(2)years after the certified copy of an order imposing a fine has been recorded,unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. State law reference—Similar provisions,F.S. § 162.10. Sec. 2-151. Appeal. Any aggrieved party may appeal a ruling or order of the code enforcement board by certiorari proceedings filed in the circuit court of the county.The petition for writ of certiorari must be filed within thirty(30)days after the hearing at which the order was announced.The scope of review shall be limited to the record made before the board and shall not be a trial de novo.The board shall by rule establish reasonable charges for the preparation of the record to. r be paid by the petitioner. -(Ord.No. 95-80-21, § 7, 12-8-80) - State law reference—Similar provisions,F.S. § 162.11. Secs. 2-152-2-225. Reserved. 170 -