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Charter 1969 & Supp 5-24-1971 Part 1 of 2 / M6 '7 ~ ~ THE CODE OF THE CITY OF ATLANTIC BEACH , FLORIDA ( The Charter and The General Ordinances l 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 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 l Supp . #2 , 5 - 71 PREFACE l . . ' � . 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 carefU1I% , prepared 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 TABLE OF CONTENTS PART I , Page The Charter 1 PART IL 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 C 27 . Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 191 28 . Zoning . 199 221 Index . C C THE CODE OF THE CITY OF ATLANTIC BEACH , FLORIDA l The Charter and The General Ordinances l i PUBLISHED BY ORDER OF THE CITY COMMISSION Michie City Publications Company Charlottesville , . Virginia 1969 PREFACE c 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 . c 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 carefullIyy, prepared 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 TABLE OF CONTENTS PART I . Page VThe Charter 1 PART II , THE CODE , Chapter 1 . General Provisions 55 2 . Administration 59 3 . Alcoholic Beverages 67 " 4 . Animals and Fowl 71 v5 . Beaches 75 6 . Buildings 77 7 . Electricity 87 8 . Finance and Taxation 91 79 . Fire Protection. 99 ( v10 . Licenses 107 V11 . 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 V26 . Trailers and Trailer Parks 189 27 . Water Supply 191 ✓28 . Zoning . . 199 221 Index 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 19 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 19 19699 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 279 1970 ; nor shall it affect any prosecution, suit or proceeding pending or any judgment ren- dered prior to January 279 1970 ; nor shall such repeal affect any ordinance or reso- lution promising or guaranteeing payment of money for the City or authorizing the issue Eof, any bonds of':the .City.: ;or- 'any _ evidence of the Cityls 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 arnending the zoning map ; nor shall it affect any ordinance adopted on final reading and passage after August 1 , 1969 . SECTION 4 . Whenever in the Cede 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 C 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 . Attest : /s/ Adele S . Grage City Clerk SEAL 1 (. Supp . # i , 5- 70 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 . i § 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 . l § 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 . C § 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 . C 4 The Charter C § 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 presented to a court of record within thirty daystafter 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 . C Article XVL 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: . Slits. 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 C § 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 C 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 watermark of the Atlantic Ocean to the point or C 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 referred 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 ; C (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 ; C (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 Cits 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 § 9 Article, II. The Commission . Sec . 5 . Number ; selection ; term . 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 commission shall not hold any other elective 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 lof 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- C 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 ; j (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 wet = 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 § 13 (15.) Appoint advisory boards ; ( 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 him 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 held 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 C 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; tQ . 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 l 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 t 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 anytime 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 . . c 13 §. 20 Atlantic Beach City Code § 23 Sec . 20 . Further consideration ; final passage . 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 otoccurrence 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 , maybe 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:andhead 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 adn- inistrative 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 recomrpendatigns 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 thq 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 py 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 departmept ,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 mapager. Except as herein provided , two or more departments may be headed by thq 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 . C 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 - C 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 C 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 § 36 Sec . 33 . City tax assessor . l 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 •shill 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 corn- mission . If a person qualified to fill the position be available the office may be corn - 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 shall be 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 C. 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 p' olice and hits 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 maybe 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 . c . 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 C 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 . Bud : et establishes a • propriations . 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 him with the officer, board , or commission whose duty it shall be to levy such taxes foil' the corresponding year. S 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 § 59 Sec . 54 . Budget message ; • capital improvements . 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 . 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 The Charter § 64 • C Sec . 60 . Surplus . 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 . i Article VII. Department of Finance . Sec . 63 . Director of finance ; ape ointment . 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 anytime 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 anytime 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 . i 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 pf 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 pontracts or the spending of money for capital improvements, to be financed in whole pr 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 . C' 24 § 40 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; l (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 j 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 maybe 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 unlOss 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 o r 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- e s 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 . C $ ec . 78 . Elections . The city commission shall , by ordinance , make all regulations which it consid - e rs 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 l 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 I 'am 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 , maybe 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 A ddress 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 l 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 . 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 . C 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 regular meeting thereafter,. 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 § 88 Atlantic Beach City Code § 91 Article X . Initiative and Referendum . Sec . 88 . Power of initiative , 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 provisions 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 . l 32 § 100 The Charter § 102 Article XI. Recall . Sec . 100 . Recall petition . 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 pet- ( Lion . 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 c 33 0 103 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 - tiQn , 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 § 109 Sec . 105 . Counting the vote . 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 . . l . 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 j 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 C _ 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 it is 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 to consist of 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 j 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 l (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 the rate 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 . Seca . 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 post 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. § 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 paid 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 C 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 inay differ from those in other districts . 1, 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 C § 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 pity . Three notices shall be published in at least three conspicuous places within the pity 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 , pubIica - tion of notice of change required . Regulations , restrictions , and boundaries may , from time to time , be amended , 1 supplemented , 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 corn - ( . mission , 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 pity 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 . Sta. of . • roceedin : s , 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. 4a § 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 within thirtby days after filing ng ofrdecis on of w board settin _ forth. ille _ alit . Any person or persons , jointly or severally , aggrieved by any decision of the board of adjustment , or any taxpayer , or any officer,record de a department , board over re bu ed ,u of the city commission , may present to a court setting 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 . Oec . . 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 served upon the relator' s attorney , which shall not be less than ten days and maybe 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 - gent such unlawful erection , construction , reconstruction , alteration , repair, conver- sion , maintenance , or use , to restrain , correct or abate such violation , to prevent fte • occupancy of said building , structure , land or water, or to prevent any illegal act , conduct , business , or use in or about such premises . 44 § 148 The Charter § 150 l 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 pu noses as maybe 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 ifor 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 pity 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 palling 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 pf 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- pates . 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 . Sec . 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 terms 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 Department 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. ec . 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 qver 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 tp 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 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 bylaw , represent the city in all appeals from convictions in the municipal court . He shall , in addition : C (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 sunronetto 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 curt , 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 live 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. C 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 c ty , 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 daysl 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 corn - ( 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 - cy 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 shall 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 Fla . Stats . , § 95 . 241 . c 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 anytime 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 c 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 . l 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 , maybe 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 continugd 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 officer, but in that event the same may be prosecuted or defended by the head of the office , department , board , commission , or agency to which such functions , powers and Fluties have been assigned or transferred by or under this Charter. H Sec . 178 . Existing ordinances . All existing ordinances of the present municipality of the Town of Atlantic Beach , not in conflict with the provisions of 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 , sucli 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 witli 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 whicl 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 , i 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 Gross mark : (X) in the box before the words , ' ' FOR adoption of proposed Charter of 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 8. 1 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 . Sec . 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 . r § 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 : -r 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 Na . . Stats . , § 165:.; 192 . 2 . For state law definitions , see Fla . Stats . , § 1 . 01 . H 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 mai1 .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 . C 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 rile , 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 _ „ r 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- 2 l CHAPTER 2 . ADMINISTRATION. 1 Article I. In General . § 2-- 1 . City manager designated director of public safety. 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 of plans and recommendations to city commission . CArticle 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 des - ignated the director of public safety and is hereby authorized , . empowered and directed to fully perform and discharge the duties and . responsibilities as supervisory head of the police department and fire department of the city. (Ord . No . 57 - 62 -5 , § 1 . ) Article II. City Commission . 3 Sec . 2 - 2 . Time and place of regular meetings . 4 t The regular meetings of the city commission shall be held on the second and 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 department , 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 . 3 . For charter provisions as to city commission generally , see Char. , § § 5to24 . 4 . For charter provisions as to meetings of city commission , see Char. , § 14 . 59 § 2 - 3 Atlantic Beach City Code § 2- 5 fourth Mondays of each month in the City Hall at 8 : 00 P . M. Additional regular meet- ings shall beheld 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 commission 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 num - ber 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 shall govern procedure and conduct of city commission meet- ings : Rule 1 . The mayor-commissioner shall preside at all meetings of the city corn - mission , call the members to order at the hour appointed for each meeting and , upon the appearance of a quorum , proceed to business . He shall have general control of the chamber and in case of disturbance or disorderly conduct therein , he may cause the same to be cleared . The mayor shall preserve decorum and order , may speak to points of order in preference to other members , and shall decide all questions relating to the priority of business or of order , without debate , subject to appeal to the city commission by any member as a matter of course , and on such appeal , it shall re- quire 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 , and each call of the roll shall be restated in a manner so that upon each call thereof , he will commence with the member' s name that was called second upon the preceding roll call , and thereafter proceed to call the roll according to the alphabetical order; except , that the mayor- commissioner' s name shall be called . last . Rule 3 . When a. member is called to order , he shall immediately take his seat , and the presiding officer shall pass upon the point of order. Rule 4 . No member shall speak at any meeting more than twice on the same question , or more than five minutes at any one time . 5 . For charter provision authorizing city commission to es - tablish its own rules and order of business , see Char. , § 16 . 60 § 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 corn - mission' s attention . . (3 ) Reading of communications to the city commission. (4) Report of city manager. (5 ) Unfinished business of preceding meeting . (6) Report of committees . (7 ) Action on resolutions . (8 ) Action on ordinances . (9) 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 4ny 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 pf bills 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 pf 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 pf 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 i pity 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 - end 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 pr putting it to a vote . C 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 pity commission. 6 . See Char. , § § 17 to 23 . C 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 provisions 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 tenjpore , 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 § 1 , 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 . (1) 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 , im - 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 . ) C 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 corn - / mission for consideration . (Ord . No . 95 - 62 -6 , § 4 . ) C 65 § 3 - 1 Alcoholic Beverages § 3 - 2 c . CHAPTER 3 . ALCOHOLIC BEVERAGES . 1 § 3 - 1 . Hours when sales , etc . , prohibited- - Persons holding licenses to sell alcoholic beverages . § 3 - 2 . Same - - Persons not holding licenses to sell alcoholic beverages . § 3 -3 . Locations where sales permitted generally . § 3 -4 . Locations where on-premises sales prohibited . § 3 -5 . Lighting requirements on premises selling alcoholic beverages . § 3 - 6 . Playing of musical or noise -producing equipment outside of buildings prohibited . Sec . 3 - 1 . Hours when sales , etc . , prohibited - - Persons holding licenses to sell alcoholic beverages . 2 It shall be unlawful for any person licensed to sell alcoholic beverages , intoxi- eating liquors , wine or beer in the city to sell , offer for sale , serve , give away ,, dis - pense or dispose of alcoholic beverages , intoxicating liquors , wine or beer , or per- mit 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 . The premises in which any of such alco - (, beverages and intoxicating liquors and wine or beer are kept (except such prem - ises 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 pu Dose whatsoever , except to clean up the premises or to perform necessary functions for closing. the establishment . (Ord . No . 10- 61 -8 , § 1 . ) Sec . 3 - 2 . Same - - Persons not holding licenses to sell alco - holic . 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 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 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 and photograph- ing of persons employed in places selling alcoholic bev- erages 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 § 3 -3 Atlantic Beach City Code § 3 - 5 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 containing alcohol of not more than fourteen percent by weight , and wines , regardless of alcoholic con- tent) shall be permitted to . conduct his place of business in any location within the city except the following : (a) The premises commonly known as the Atlantic Beach Hotel . (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) All premises 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 . ) 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 consumption 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 delicates - sen and the sale of beer and wine is incidental to the sale of food . (Ord No 10- 61 - 8 , § 4 . ) Sec . 3 - 5 . Lighting requirements . on premises selling alcoholic beverages . Each vendor licensed to sell alcoholic beverages , intoxicating liquors , wines or peer in the city , during all times his premises are open for business or in which mem - bers of the public are admitted , shall maintain not less than five foot-candles of light in all parts of his premises to which members of the public are admitted and the sale of such beverages is made or such beverages dispensed. or consumed . It shall be un- lawful for any such vendor to sell , offer for sale , serve or dispense or permit to be consumed any alcoholic 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 . ) 3 . For state law authorizing city to restrict location of ven- ders of alcoholic beverages , see Fla . Stats . , § 561 . 44 . 68 § 3 - 6 Alcoholic Beverages § 3 - 6 Sec . 3 - 6 . Playing of musical or noise - producing equipment 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 location 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 any portion thereof , whatsoever. (Ord . No . 10 - 61 -8 , § 6 . ) C l 69 0 4 - 1 Animals and Fowl , § 4- 1 CHAPTER 4 . ANIMALS AND FOWL . 1 Article I. In General . 0 4 - 1 . City designated bird sanctuary; shooting , molesting , etc . , of birds prohibited ; exception. Article II. Dogs and Cats . 0 4 - 2 . Definitions . 0 4 -3 . Registration and licensing ; license tags . 0 4 -4 . Running at large prohibited ; impoundment; redemption of impounded animals ; disposition of unredeemed animals . 0 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 sane- ( Wary . 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 congregating a menace to health or property , nr the jar locality that they constitute a nuisan ce or shall opinion of the proper health authorities of the city , then the health autauthorities Humane meet with representatives of the Audubon Society , Bird Club , Garden at least society , or a as days actual notice of the time to exist in the city , after having of such meeting to the represent- atives at leas three y 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 . C 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 pr 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 pr cat was vaccinated within one year prior to date of application for registration . N 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 pne 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 . c 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 . (Ord , No . 95 - 67 - 10 , § 2 . ) Sec . 4 - 4 . Running at large prohibited ; impoundment ; redemption of impounded animals ; disposition of unredeemed animals . 4 { (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 . ) $ ec . 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 . .09 . 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 . ) . ( C . � 74 § 5 - X 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 blic safety use or ith his abh \ fence the city manager , swimming or bathing in between the bulkhead and the waters d the Atlantic persons Ocean , is such oceaneo rbeach�u hazardous to the safety , life and any Condition shall exist or be threatened ,od rder of thencity , the darector of publiccsafety is that will imperil the peace good to bathing g in ocean cean beach or both or any part h beach or both thereof n any manner , and swimming or bathing in such all until persons ocean ,ean ,thereon each or dangerous themselves therefrom , or any considered safe again part use . thereof , until the ocean , b or refuse , when ordered It shall be unlawful for any person Which has been closed by the directo of pub- to remove themselves from , any area Tic 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 14 1 of this Code . As to for landing or taking off , see § 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 watermark of the Atlantic Ocean and norther- ly of the prolongation easterly to such low watermark 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- jIn 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) . 76 Buildings CHAPTER 6 . BUILDINGS. 1 Article I . In General . § 6 - 1 . Fallout shelters . Article II. Building Official . § 6 - 2 . Office created . i § 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 . § 6 - 12 . Buildings required to be numbered . § 6 - 13 . Attachment of numbers to buildings . § 6 - 14 . Duties of building official . § 6 - 15 . Street numbering districts designated . § 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. (0th . 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 . (0th . 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 l enter any building, structure or premises at any reasonable hour . If 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 l 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 , " 1969 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 cleric, 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 . 59-4 ; Ord. No . 25- 65-4 ; Ord. No . 25- 70 - 8 , § 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 follow- 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 construc- 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 . # 1 , 5- 70 § 6- 10 Atlantic Beach City Code § 6- 10 charitable purposes , and which property is exempt from taxes by the Constitution 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 adjust- ments 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 sec- tion, 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 hereafter be established by chapter 28 of the City Code . (6) There is hereby added to section 706 . 7 and immediately following the same the following : "Roofs shallJbe installed in accordance with the manufacturer' s specifications . All roofs shalt bave 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 following 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: " Footings shall be continuous monolithic concrete under exterior walls , rein- forced with two 5 /8 inch deformed reinforcing rods for one- story buildings and three 5 /8 inch deformed reinforcing rods for two story buildings . Reinforcing rods shall be placed in the lower one - third of the footings , properly placed and. fastened on metal saddles with wire . Footings shall 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 subparagraph (e) , as follows : 80 Supp . # 1 , 5- 70 § 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 teller, 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 . c C 82 . 1 Stipp . # 1 , 5- 70 0 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 reportof such congress. (Ord . No . 25 -59 - 1 , § 6 ; Ord , No . 25 - 65 -5 , § 2 ; Ord . No . 60 - 6.6 - 1 , 0 9 . ) 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 . ■ Sec . 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 . ) pec . 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 . ) peC , 6 - 14 . Duties of building official . N shall be the duty of the building ' official to assign each building a number, to s.ttaeh or to have attached the assigned number or numbers , and to do all things nec - k, , pfssary 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 sides 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 § 6-16 Atlantic peach City Code § 6-16 Agok (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 § 6 - 17 Buildings § 6 - 17 c (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 § 7 - 3 CHAPTER 7 . ELECTRICITY. 1 § 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 Jacksonville electrical inspector . § 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 repairs of electrical wiring , apparatus or equipment for light , heat or power with - in the city , (Ord . No . 189 , § 1 . ) CSec . 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 t 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 electrical requirements for signs , see § § 20- 16 to 20 - 19 . r 87 § 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! 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 emboflied 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 § 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 Jacksonville electrical inspector . All electrical inspections within this city shall be made by the electrical inspec- tor of the City of Jacksonville , hereinafter referred to as the "city electrical inspec- tor . " (Ord. No . 189 , § 10 . ) 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 $ 4 . 00 For each additional 100 amperes rating or fractional part thereof 2 . 00 C (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 5 . 00 (3 ) For temporary service , each : For first 100 amperes rating or fractional part thereof , 2. 00 For each additional 100 amperes rating or fractional part thereof , 1 . 00 89 Supp . # 1 , 5- 70 § 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. . . . . 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 L 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 . . . . . . . . . . . . . . . a . 10 b . Fluorescent or mercury vapor: For first 10 fixtures or fractional part thereof:. .. . . . . .. . .. A 1 . 50 For each additional fixture . . . . . . . . . . . . . . . . . . . . . . . . . . . < 15 (3 ) Lighting, decorative or temporary (installations not over 30 days) per circuit 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) : Capacity up to 30 amperes , each . 10 Capacity exceeding 30 amperes , each 1 . 00 (f) 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 C 90 Supp , # 1 , 5- 70 § 7- 10 Electricity § 7- 12 (g) Neon signs or neon strip or outline lightings : For the first transformer . . . . . . . . . . . . . . . . C . . . . . . . . . . . . . . . . . . $ 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 . 1 $9 , § 130 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 assessments 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 . L 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 readvertisement. § 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 . 3 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 District 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 advalorein 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 . I : Two or more bids required for purr chases 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 cQsmissio1 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 apiroval 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 C 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 usel 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 . l 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 statutes . (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 purchase of electricity or metered or bottled gas (natural , liquefied petroleum gas or manufactured) in 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 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 ; Qrd . No . 70- 67 -3 , § 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 . c 95 § 8 - 15 Atlantic Beach City Code § 8 - 17 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 , 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 im- posed and levied by this article 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 authorized to prescribe 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 electricity or gas , without at the same time collecting the tax imposed and levied by this article in respect to such 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; provided , that the seller shall not be liable for the payment of such tax upon uncollected charges . If any purchaser shall fail , neglect or refuse to pay to the seller the seller' s charge for such purchases , and the tax hereby imposed and levied and as hereby required on account of the purchase 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 un- til the tax and the seller' s bill shall have been paid in full . (Ord . No . 70-58 - 1 , § 2 . ) Sec . 8 - 16 . Records to be kept by seller ; inspection of 7/ records by city a ents . ' Every seller of electricity , metered or bottled gas . (natural , liquefiedpetroleum gas or manufactured) 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 . Such records shall be kept open for in- spection by the duly authorized agents of the city during business hours on all business days , and the duly authorized agents of the city shall have the right , power and au - thority to make such transcripts thereof during such times as they may desire . It shall be the duty of such 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 imposed and levied by this article is being properly reported and paid to the city by each seller of such services . (Ord . No . 70- 58 - 1 , § 3 . ) Sec . 8 - 17 . Exemption of governmental agencies and churches . from tax . 8 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 , 8 . For state law exempting churches from payment of utility taxes , . see Fla . Stats . , § 167 . 432 . C 96 § 8 - 18 Finance and Taxation § 8 - 18 ( 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 occurring 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 . ) c C 97