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AB Code Supplement 8SUPPLEMENT NO. 8 July, 1989 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 90-89-141, enacted April 24, 1989. See Code Comparative Table, page 1995. Remove old pages Insert new pages ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages 159-164 159-164 172.1-174 173-174.2 178.1-184.1 179-184.2 186.1 186.1, 186.2 469, 470 469, 470 787-790 787-793 945, 946 945, 946 997, 998 995-997 1455-1458 1455-1458.1 1995 1995 2055 2055 Index pages 2113, 2114 2121-2122.1 2128.1-2130.1 2139-2140.1 2147-2148.1 Index pages 2113-2114.1 2121-2122.1 2129-2130.1 2139-2140.1 2147-2148.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE(National) 1-800-342-CODE(Florida) Note—An updated checklist of pages in Code is included, following Table of Contents. TABLE OF CONTENTS Page Officials of the City at Time of Codification iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [11 PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor 10 Art. V. Department of Public Safety 11 Art. VI. Budget 11 Art. VII. Department of Finance 11 Art. VIII. Department of Personnel 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XI. Recall 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Issuance of Bonds 18 Art. XVI. Municipal Court and Department of Law 18 Art. XVII. Suits Against the City 23 Art. XVIII. General and Miscellaneous Provisions 23 Art. XIX. When Act Takes Effect 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 157 Art. I. In General 157 Art. II. City Commission 158 Art. III. City Manager 162 Art. IV. Departments 162 Div. 1. Generally 162 Div. 2. Police Department 163 Div. 3. Fire Department 163 Div. 4. Department of Finance 165 Supp. No. 8 ix ATLANTIC BEACH CODE Chapter Page Div. 5. Department of Public Works 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Art. VI. Employee Benefits 171 Div. 1. Generally 171 Div. 2. Old -Age and Survivors Insurance 172 Div, 3. Retirement System 174 Art. VII. Finance 187 Div. 1. Generally 187 Div. 2. Purchasing 188 Div. 3. Uniform Travel Policy and Procedure 191 Div. 4. Service and User Charges 195 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 301 5. Beaches and Parks 353 Art. I. In General 353 Art. II. Beach Safety Zone 354 Art. III. Public Parks 355 6. Buildings and Building Regulations 405 Art. I. In General 405 Art. II. Building Code 405 Art. III. Electrical Code 410.7 Art. IV. Plumbing Code 412 Art. V. Mechanical Code 413 Art. VI. Swimming Pool Code 415 Art. VII. Numbering of Buildings 416 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention Code 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 526 Art. III. Flood Hazard Reduction Standards 530 9. Human Relations 577 Art. I. In General 577 Art. II. Fair Housing 577 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 12. Nuisances 735 Supp. No. 8 TABLE OF CONTENTS—Cont'd. Chapter Page 13. Offenses 787 Art. I. In General 787 Art. II. Minors on Streets and in Public Places 791 14. Planning/Zoning/Appeals 839 Art. I. In General 839 Art. II. Community Development Board 839 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property 891 16. Refuse and Garbage 943 17. Signs and Advertising Structures 995 Art. I. In General 995 Art. II. Permit 1003 18. Solicitors 1055 Art. I. In General 1055 Art. II. Permit 1055 19. Streets, Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. I. In General 1157 Art. II. Public Service Tax 1157 Div. 1. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Occupational License Tax 1160 Art. IV. Insurance Premium Taxes 1174 21. Traffic and Motor Vehicles 1221 Art. I. In General 1221 Art. II. Stopping, Standing and Parking 1222 Div. 1. Generally 1222 Div. 2. Enforcement 1225 22. Utilities 1277 Art. I. In General 1277 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1287 Div. 4. Building Sewers and Connections 1288 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1294.1 Div. 8. Sewer System Extensions 1299 23. Vegetation 1351 Art. I. In General 1351 Art. II. Trees 1351 Art. III. Accumulation of Weeds 1352 Supp. No. 8 ATLANTIC BEACH CODE Chapter Page 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. II. Language and Definitions 1404 Art. III. Zoning Regulations 1420 Div. 1. Generally 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 Div. 4. General Provisions and Exceptions 1429 Div. 5. Establishment of Districts 1433 Div. 6. Planned Unit Development (PUD) 1446.1 Div. 7. Supplementary Regulations 1452 Art. IV. Subdivision Regulations 1464 Div. 1. Generally 1464 Div. 2. Application riouoluie 1466 Div. 3. Required Improvements 1473 Div. 4. Assurance for Completion and Maintenance of Improvements 1474 Div. 5. Design and Construction Standards 1477 Code Comparative Table --1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2103 Supp. No. 8 xii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for - page substitution basis, it has become evident that through usage and sup- plementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been re- printed in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 163, 164 8 iii OC 165, 166 4 v, vi OC 166.1 5 vii, viii 1 167, 168 1 ix, x 8 169, 170 1 xi, xii 8 171, 172 5 1, 2 5, Add. 173, 174 8 3, 4 5, Add. 174.1, 174.2 8 4.1 5, Add. 175, 176 6 5, 6 OC 177, 178 6 7, 8 OC 179, 180 8 9, 10 OC 181, 182 8 11, 12 OC 183, 184 8 13, 14 5 184.1, 184.2 8 14.1 5 185, 186 2 15, 16 OC 186.1, 186.2 8 17, 18 5 187, 188 OC 19 5 189, 190 5 23, 24 OC 190.1 5 25, 26 OC 191, 192 OC 27, 28 OC 193, 194 OC 79 5, Add. 195, 196 6 91 5 245, 246 OC 103, 104 OC 247, 248 3 105, 106 OC 299, 300 6 107, 108 OC 301, 302 6 157, 158 6 303, 304 6 159, 160 8 353, 354 7 161, 162 8 355 7 Supp. No. 8 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 405, 406 OC 1161, 1162 2 407, 408 OC 1163, 1164 2 409, 410 5 1165, 1166 2 410.1, 410.2 5 1167, 1168 2 410.3, 410.4 5 1169, 1170 2 410.5, 410.6 5 1171 5 410.7, 410.8 5 1221, 1222 OC 411, 412 6 1223, 1224 7 413, 414 OC 1224.1 7 415, 416 OC 1225, 1226 5 417, 418 OC 1227 5 469, 470 8 1277, 1278 6 521, 522 6 1279, 1280 5 523, 524 6 1280.1 5 525, 526 6 1281, 1282 OC 527, 528 6 1283, 1284 3 529, 530 6 1284.1 3 531, 532 6 1285, 1286 OC 533, 534 6 1287, 1288 OC 535 6 1289, 1290 OC 577, 578 OC 1291, 1292 OC 579, 580 OC 1293, 1294 OC 581 OC 1294.1, 1294.2 6 631, 632 OC 1295, 1296 7 683, 684 OC 1297 7 685 OC 1298.1, 1298.2 3 735, 736 OC 1299, 1300 OC 737 OC 1301 OC 787, 788 8 1351, 1352 00 789, 790 8 1353 OC 791, 792 8 1403, 1404 5 793 8 1405, 1406 3 839, 840 5 1407, 1408 OC 841, 842 5 1409, 1410 5 843 5 1411, 1412 OC 891, 892 OC 1413, 1414 5 943, 944 3 1415, 1416 5 945, 946 8 1417, 1418 6 947 3 1419, 1420 5 995, 996 8 1421, 1422 5 997 8 1423, 1424 5 999, 1000 OC 1425, 1426 5 1001, 1002 OC 1427, 1428 5 1003, 1004 OC 1428.1 5 1005 OC 1429, 1430 OC 1055, 1056 OC 1431, 1432 5 1057 OC 1433, 1434 6 1107 OC 1435, 1436 5 1157, 1158 OC 1437, 1438 6 1159, 1160 2 1438.1 6 Supp. No. 8 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1439, 1440 5 2099, 2100 5 1441, 1442 7 2103, 2104 5 1443, 1444 7 2105, 2106 5 1444.1 7 2107, 2108 7 1445, 1446 5 2108.1 5 1446.1, 1446.2 5 2109, 2110 OC 1447, 1448 OC 2111, 2112 5 1449, 1450 5 2113, 2114 8 1451, 1452 OC 2114.1 8 1453, 1454 4 2115, 2116 5 1455, 1456 8 2116.1 5 1457, 1458 8 2117, 2118 1 1458.1 8 2119, 2120 3 1459, 1460 6 2121, 2122 8 1461, 1462 6 2122.1 8 1462.1 6 2123, 2124 5 1463, 1464 OC 2125, 2126 5 1465, 1466 7 2127, 2128 6 1466.1 7 2129, 2130 8 1467, 1468 OC 2130.1 8 1469, 1470 OC 2131, 2132 3 1471, 1472 OC 2133, 2134 6 1473, 1474 OC 2135, 2136 7 1475, 1476 3 2137, 2138 6 1477, 1478 OC 2139, 2140 8 1479, 1480 OC 2140.1 8 1481, 1482 OC 2141, 2142 OC 1483 OC 2143, 2144 5 1983, 1984 OC 2145, 2146 6 1985 OC 2147, 2148 8 1987, 1988 OC 2148.1 8 1989, 1990 OC 2149, 2150 OC 1991, 1992 2 2151, 2152 5 1993, 1994 6 2152.1 1 1995 8 2153, 2154 OC 2043 OC 2155, 2156 2 2053, 2054 5 2157, 2158 1 2055 8 2159, 2160 6 2081, 2082 6 2160.1 6 2083, 2084 5 2161, 2162 3 2085, 2086 OC 2162.1 3 2087, 2088 5 2163, 2164 6 2089, 2090 5 2165, 2166 5 2091, 2092 5 2166.1 5 2093, 2094 5 2167, 2168 OC 2095, 2096 5 2169, 2170 5 2097, 2098 5 2171, 2172 5 Supp. No. 8 [3] ADMINISTRATION § 2-19 Monday falls on a holiday, the regular meeting shall be held on the Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. Additional regular meetings shall be held on the night of every election. (Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83) Sec. 2-17. Calling special meetings. The mayor -commissioner, city manager or a majority of the city commission may call a special meeting of the city commission on twenty-four (24) hours' notice. (Code 1970, § 2-2) Sec. 2-18. Quorum. Three (3) members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Code 1970, § 2-4) Sec. 2-19. Rules of conduct and procedure at meetings. The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to point: 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 commis- sion by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor - commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. Supp. No. 8 159 § 2-19 ATLANTIC BEACH CODE (6) Rule 6. No member shall absent himself from the meeting before adjournment for more than five (5) minutes at a time without leave of the presiding officer. (7) Rule 7. The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commis- sion's attention; c. Unfinished business of preceding meeting; d. Consent agenda; e. Report of committees; f. Action on resolutions: g. Action on ordinances; h. Miscellaneous business; i. City manager reports; j. Reports and/or requests from city commissioners and city attorney. (8) 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. (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commis- sion may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (10) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. (11) 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 advance notice of the time and place of such meeting to all members of the city commission, 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. (12) 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. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presid- ing 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. Supp. No. 8 160 ADMINISTRATION § 2-19 (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commis- sion, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manger, city clerk and city attorney shall, when re- quested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. (16) Rule 16. 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. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. 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 unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. 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. Supp. No. 8 :1'61 § 2-19 ATLANTIC BEACH CODE (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor - commissioner during his absence or disability. (24) Rule 24. 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. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tem, 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 tem who presided thereat. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88) Sec. 2-20. Salary of members. (a) The annual salary of the mayor -commissioner shall be five thousand dollars ($5,000.00). The annual salary of the commissioners shall be two thousand five hundred dollars ($2,500.00). (b) The salary of the mayor -commissioner and commissioners shall be made in twelve (12) equal monthly payments. (Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83) Secs. 2-21-2-30. Reserved. ARTICLE E TIT CITY MANAGER* Secs. 2-31-2-40. Reserved. State law reference—Code of ethics for public officers and employees, § 112.311 et seq. ARTICLE IV. DEPARTMENTS DIVISION 1. GENERALLY Sec. 2-41. Director of public safety. The city manager, or any other qualified person as provided by ordinance, shall be the director of public safety, and under whose supervision there shall be a police department and a fire department. *Charter reference—The city manager, § 25 et seq. Supp. No. 8 162 ADMINISTRATION § 2-61 (Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-42-2-50. Reserved. DIVISION 2. POLICE DEPARTMENT* Sec. 2-51. Chief of police—Appointment, compensation. The chief of police shall be the head of the police department and shall be appointed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-52. Same—Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city commission 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; and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. (Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-53. Powers and authority of deputies and chief. The chief of police and his deputies shall have the power and authority to immediately 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 the state, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law. (Laws of Fla., Ch. 57-1126, § 38; Ord. No. 57-78-7, § E, 9-25-78; Ord. No. 57-83-9, §,1, 2-28-83) Secs. 2-54-2-60. Reserved. DIVISION 3. FIRE DEPARTMENT* Sec. 2-61. Fire chief—Appointment; compensation. 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 commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 39; Ord. No. 57-78-7, § F, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) *Cross reference—Police generally, Ch. 15. 'Cross reference—Fire prevention and protection, Ch. 7. Supp. No. 8 163 § 2-62 ATLANTIC BEACH CODE Sec. 2-62. Same—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 Supp. No. 8 164 ADMINISTRATION § 2-260 by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulations. (Code 1970, § 16-7) Sec. 2-245. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for the enforcement of the laws and regulations. (Code 1970, § 16-8) Sec. 2-246. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Code 1970, § 16-9) Sec. 2-247. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi- leges and other conditions thereunto appertaining to Title II of the Social Security Act, as amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and employees thereof and of its departments and agencies, save and except any of the officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or employee who occupies any position, office or employ- ment not authorized to be covered by applicable state or federal laws or regulations. (Code 1970, § 16-10) Sec. 2-248. Designation of custodian of funds and withholding and reporting agent. The director of finance is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city and the director of finance is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 1970, § 16-11) Secs. 2-249-2-260. Reserved. Supp. No. 8 173 § 2-261 ATLANTIC BEACH CODE DIVISION 3. RETIREMENT SYSTEM Sec. 2-261. Created, purpose. The city employees' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the employees of the city and their dependents. The effective date of the retirement system is December 22, 1975. (Ord. No. 58-75-4, § 1, 12-22-75) Sec. 2-262. Definitions. The following words and phrases as used in this division shall have the following mean- ings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean of equal pension reserve (present value). Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. Board of trustees or board shall mean the board of trustees provided for in this division. City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. City employee shall mean any person in the employ of the city. Compensation shall mean the salary or wages paid a member for personal service ren- dered the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary v" wages while iiie aAhelt from work on account OI vacation, holiday, or illness, and full-time police officer's salary will also include incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one/sixtieth of the aggregate amount of compen- sation paid a member during the period of sixty (60) consecutive months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) consecutive months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) consecu- tive months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Firefighter shall mean a city employee employed in the fire department who holds the rank of firefighter or higher, including probationary firefighter. The term firefighter shall not Supp. No. 8 174 ADMINISTRATION § 2-263 include any civilian city employee employed in the fire department, any person employed as a firefighter for an emergency, or any person privately employed as a firefighter. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Police officer shall mean a city employee employed in the police department who holds the rank of patrol officer or higher, including probationary patrol officer. The term police officer shall not include any civilian city employee employed in the police department, any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum, compounded annual- ly, as the board of trustees shall from time to time adopt. Retirant shall mean any person who is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement systems or system shall mean the city retirement system created and estab- lished by this division. Service shall mean personal service rendered to the city by a city employee. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child pursuant to any workers' compensation or similar law. Redemptions or settlements of a workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determi- nation of workers' compensation benefits. (Ord. No. 58-75-4, § 2, 12-22-75; Ord. No. 58-88-13, § 1, 11-28-88) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-263. Benefit groups. (a) The following benefit groups are hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount: (1) Benefit group general shall consist of all members not included in one of the benefit groups which follow; (2) Benefit group fire shall consist of all members who are also firefighters; (3) Benefit group police shall consist of all members who are also police officers. Supp. No. 8 174.1 § 2-263 ATLANTIC BEACH CODE (b) Benefit eligibility conditions shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in each benefit group. (Ord. No. 58-75-4, § 3, 12-22-75) Supp. No. 8 r 174.2 ADMINISTRATION § 2-277 Sec. 2-276. Voluntary retirement conditions.. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date, not less than thirty (30) days nor more than ninety (90) days subsequent to the execution and filing thereof, retirement is to be effective; (2) The member terminates all city employment prior to the date retirement is tc be eff= ctive; (3) The member has met one of the age and service requirements for retirement specified in subsection (b) applicable to the member's benefit group. Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281. (b) The age and service requirements for voluntary retirement are as follows: (1) Benefit group fire. The member has attained age fifty-five (55) years or older and has twenty (20) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (2) Benefit group police. The member has attained age fifty-five (55) years or older and has twenty (20) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (3) Benefit group general. The member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force. (Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-277. Compulsory separation from employment; extensions; retirement. (a) A member of the retirement system, except an elected official of the city, shall be separated from city employment the first day of the calendar month next following attain- ment of the applicable age specified in subsection (b), unless an extension in employment is granted pursuant to subsection (c). (b) The age attainment for compulsory separation from city employment is as follows: (1) Benefit group fire: Age sixty-five (65) years; (2) Benefit group police: Age sixty-five (65) years; (3) Benefit group general: Age sixty-five (65) years. (c) A member may be continued in city employment beyond attainment of the applicable age specified in subsection (b), but not beyond seventy (70) years, subject to the following conditions: Supp. No. 8 179 § 2-277 ATLANTIC BEACH CODE (1) The member makes written request to the board of trustees for a specified period of continued employment; (2) The request is approved by the city manager, except if the member's position is one obtained by city commission appointment; in this case, approval of the city commis- sion is required; (3) The request is approved by the board of trustees. (d) A member who has five (5) or more years of credited service in force shall be retired and paid a pension computed according to the applicable subsections of section 2-281 upon separation from city employment as provided in this section. (Ord. No. 58-75-4, § 17, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-278. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment for a reason other than retirement or death, and who has and maintains in force the applicable period of credited service specified in subsection (b) shall remain a member for the sole and exclusive purpose of being entitled to retire upon attaining age sixty (60) years. Upon retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-282 as the subsections were in force at the time the member left city employment. (b) The credited service requirement for separation from city employment with entitle- ment to deferred retirement is: (1) Benefit group fire: Five (5) years; (2) Benefit group police: Five (5) years; (3) Benefit group general: Five (5) years. (Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) A member having five (5) or more continuous years of credited service and having contributed to the retirement system for five (5) years or more may retire from the service the city under the plan if, prior to his normal retirement date, he becomes totally and perma- nently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) on or after the effective date of the plan. Such retirement shall herein be referred to as "disability retirement." The provisions for disability other than line -of -duty disability shall not apply to a member who has reached early or normal retirement age. (b) A member will be considered totally disabled if, in the opinion of the board of trustees, he is wholly prevented from rendering useful and efficient service as a city employee, and a member of the retirement system will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (c). Supp. No. 8 180 ADMINISTRATION § 2-280 (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participat- ing in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has terminated. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his normal retirement date is the monthly income computed according to the applicable subsections of Section 2-281. (f) The monthly retirement income as computed in section 2-281 to which a member is entitled in the event of his disability retirement shall be payable on the first day of the first month after the board of trustees determine such entitlement. If the member recovers from the disability prior to his normal retirement date, the last payment will be the payment due next preceding the date of such recovery. If the member dies without recovering from his disability or attains his normal retirement date while still disabled, the payment due next preceding his death. (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discon- tinued. Recovery from disability as used herein means the ability of the member to render useful and efficient service as an employee of the city. (h) If the member recovers from disability and reenters the service of the city as an employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received disability retirement income payment and ending with the date he reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88) Sec. 2-280. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical Supp. No. 8 181 § 2-280 ATLANTIC BEACH CODE examination by or under the direction of the medical director if the disability retirant has not attained the following applicable age: (1) Benefit group fire: Age sixty (60) years; (2) Benefit group police: Age sixty (60) years; (3) Benefit group general: Age sixty (60) years. (b) If a disability retirant refuses to submit to a medical examination payment of the disability pension may be suspended by the board of trustees until withdrawal of the refusal. Should refusal continue for one (1) year all the disability retirant's rights in and to a disability pension may be revoked by the board of trustees. A disability retirant shall be restored to active employment with the city and the disability pension discontinued if following a medical examination the medical director certifies that the disability retirant is mentally and physi- cally able and capable of resuming employment with the city, and the board of trustees concurs in the certification of the medical director. The city shall be allowed reasonable latitude in placing the returned disability retirant in a position commensurate with the position held at time of disability retirement, (c) A disability retirant who has been restored to employment with the city as provided in subsection (a) shall again become a member of the retirement system. The disability retirant's credited service at time of retirement shall be restored to full force. Service shall be credited for the period the disability retirant was being paid a disability pension. (Ord. No. 58-75-4, § 20, 12-22-75) Sec. 2-281. Amount of level straight life pension. (a) Benefit group fire. Subject to section 2-285, the amount of level straight life pension of the ieLiieiuent system member shall be equal to the retiring member's benefit group fire credited service multiplied by two and four -tenths (2.4) percent of the retiring member's final average compensation. (b) Benefit group police. Subjectto section 2-285, the amount of level straight pension shall be equal to the retiring member's benefit group police credited service multiplied by two and four -tenths (2.4) percent of the retiring member's final average compensation. (c) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multi- plied by the sum of two and twenty-five hundredths (2.25) percent. (Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87) Sec. 2-282. Optional forms of pension payment. A member of the retirement system may elect to be paid under one (1) of the following optional forms of payment in lieu of the level straight life form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not. made. The amount of pension under Option A Supp. No. 8 182 ADMINISTRATION § 2-283 and Option B shall be the actuarial equivalent of the amount of pension under the level straight life form of payment. (1) Option A; one hundred percent survivor pension: Under Option A, a: retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be continued throughout the future lifetime of and paid to such person having an insurable interest in the retirant's life, as the retirant shall.have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (2) Option B; fifty percent survivor pension: Under Option B, a retirant shall he paid a reduced pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be continued throughout the future lifetime of and paid to such person having an insurable interest in the retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (3) Option C; social security coordinated pension: Under Option C, a retirant shall he paid an increased pension to attainment of age sixty-five (65) years, and a reduced pension thereafter. The increased pension paid to attainment. of age ;sixty-five years shall approximate the sum of the reduced pension payable thereafter and the retirant's estimated social security primary insurance amount. Option C is available only to benefit group general members who retire pursuant to section 2 -?76 or section 2-278. (Ord. No. 58-75-4, § 22, 12-22-75) Sec. 2-283. Death whin in city employment; elective survivor pension. (a) Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. (b) Upon the death of a member who has a valid nomination -of -beneficiary in force, the beneficiary, if living, shall be paid a level straight life pension computed according to section 2-281 in the same manner in all respects as if the member had elected Option A provided in Section 2-282 and, retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Upon a member's retirement, resigna- tion or termination as a city employee, eligibility for the death benefit payable under section 2-281 will automatically terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, may be paid in the discretion of the board of trustees either to: (i) Any one or more of the persons comprising the group consisting of the member's spouse, the member's Supp. No. 8 183 § 2-283 ATLANTIC BEACH CODE descendants, the member's parents, or the member's heirs at law, and the board of trustees may pay the entire benefit to any member of such group or portion such benefit among any two (2) or more of them in such shares as the board of trustees, in its sole discretion, shall determine; or (ii) The estate of such member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to the power and discretion conferred upon the board of trustees by the preceding sentence shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. (Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88) Sec. 2-284. Death while in city employment; automatic pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c shall be paid if a member of the retirement system who has five (5) or more years of credited service in force dies while in the employ of the city. The provisions of this section shall not apply in the case of death of a member who has a valid designation of beneficiary in force pursuant to section 2-283. (b) Subject to subsection (d), the person to whom the deceased member was married at the time of death shall be paid a pension equal to a percent of the amount of level straight life pension computed according to the applicable subsection of section 2-281, based on the de- ceased member's final average compensation and credited service. The percent shall be equal to the applicable following percent: (1) Benefit group fire: Seventy-five (75) percent; (2) Benefit group police: Seventy-five (75) percent; (3) Benefit group general: Seventy-five (75) percent. A surviving spouse's pension shall terminate upon remarriage or death. (c) The deceased member's unmarried children under the age of nineteen (19) years shall each be paid an equal share of a level straight life pension computed according to the applicable subsection of section 2-281, based on the deceased member's final average compen- sation and credited service. The percent shall be equal to the applicable following percent: (1) Benefit group fire. Zero (0) percent during periods a pension is being paid in accord- ance with the provisions of subsection (b). Fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b); (2) Benefit group police. Zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b). Fifty percent during periods a pension is not being paid in accordance with the provisions of subsection (b); (3) Benefit group general. Zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b). Fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b). Supp. No. 8 184 ADMINISTRATION § 2-288 A surviving child's pension shall terminate upon attainment of age nineteen (19) years, marriage, adoption or death, and the pension of each remaining eligible child shall be recomputed. (Ord. No. 58-75-4, § 24, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-285. Maximum amount of pension. (a) The normal retirement pension payable to a member of the retirement system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his final average compensation. However, nothing con- tained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. (b) No member of the system covered by this article who is not now a member of such system shall be allowed to receive a retirement pension which is, in part or in whole, based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement pension from another retirement system or plan; provided that this restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. (Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88; Ord. No. 58-88-13, § 1, 11-28-88) State law reference—Limitation of benefits, F.S. § 112.65. Sec. 2-286. Subrogation rights. If a member of the retirement system, retirant or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the city shall be subrogated to the rights of such member, retirant or beneficiary against such third party to the extent of pensions which the city pays or becomes liable to pay on account of such accident or injury. (Ord. No. 58-75-4, § 26, 12-22-75) Sec. 2-287. Reserve for retired benefit payments. The reserve for retired benefit payments shall be the account from which shall be paid all pensions as provided in this division. Should any disability retirant be returned to the employ of the city, the pension reserve at the date of return shall be transferred from the reserve for retired benefit payments to the reserve for employee contributions and the reserve for em- ployer contributions in the proportion transfers were made from the accounts at the time of retirement. (Ord. No. 58-75-4, § 27, 12-22-75) Sec. 2-288. Reserve for employer contributions; city contribution. (a) The reserve for employer contributions shall be the account to which shall be credited contributions made by the city and the state to the retirement system, and from which shall be made transfers as provided in this section. Supp. No. 8 184.1 § 2-288 ATLANTIC BEACH CODE (b) Each year following receipt of the report of the annual actuarial valuation, the excess, if any, of the reported value of pensions being paid and likely to be paid retirants and beneficiaries over the balance in the reserve for retired benefit payments shall be transferred from the reserve for employer contributions to the reserve for retired benefit payments. (c) The financial objective of this division is to require city contributions to the retire- ment system each year which together with other sources of income shall be sufficient to: (1) Fully fund the cost of benefits likely to be paid on account of service rendered by members during the year; and (2) Finance unfunded costs of benefits likely to be paid on account of service rendered by members prior to the current year over a period of not more than forty (40) years. Such contributions shall be computed as level percents of member payroll in accordance with generally accepted actuarial principles on the basis of such rates of interest and tables of experience as the board of trustees shall from time to time adopt. The city shall also contrib- ute the anticipated cost of any insurance coverage provided retirants and beneficiaries, to the extent such cost cannot be covered by the unencumbered balance in the reserve for undistrib- uted investment income. The board shall annually certify to the city commission the contribu- tions determined according to this section, and the commission shall appropriate and pay to the retirement system, during the next fiscal year, the contributions so certified. (Ord. No. 58-75-4, § 28, 12-22-75) Sec. 2-289. Reserve for undistributed investment income. The reserve for undistributed investment income shall be the account to which shall be credited all interest, dividends and other income from the investment of retirement system cote' a...11_ gifts and..b vc nue.,uat.-aco.c .,d.�� the retirement system, all unclaimed accumulated Supp. No. 8 184.2 ADMINISTRATION § 2-298 and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of setoff for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary. (Ord. No. 58-75-4, § 35, 12-22-75) Sec. 2-296. Errors. Should any change in the records result in any member, retirant or beneficiary being paid from the retirement system more or less than would have been paid had the records been correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. (Ord. No. 58-75-4, § 37, 12-22-75) Sec. 2-298. Member contributions. (a) Member contributions by benefit group fire and benefit group police shall be no less than one (1) percent of salary which shall be deducted from the member's pay and paid over into the retirement system at the same time as city contributions are made. (b) Member contributions for benefit group general shall be no less than one (1) percent of salary after same shall have been approved by a majority vote of all members constituting benefit group general and said contribution shall be deducted from the member's pay and paid over into the retirement system at the same time as the city contribution is made to the retirement system. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city pension trust fund, without interest, less any disability benefits paid to him/her. If an em- ployee who has been in the service of the city for at least five (5) years and has contributed to the pension trust fund as provided, elects to leave his accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-280, may retire with the Supp. No. 8 186.1 § 2-298 ATLANTIC BEACH CODE actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88) Secs. 2-299-2-310. Reserved. Supp. No. 8 186.2 Chapter 7 FIRE PREVENTION AND PROTECTION* Art. I. In General, §§ 7-1-7-15 Art. II. Fire Prevention Code, §§ 7-16-7-20 ARTICLE I. IN GENERAL Sec. 7-1. Reward for information leading to conviction of arsonists. The city will pay as a reward to any person an amount not to exceed one hundred dollars ($100.00) for any one occurrence, for information leading to the arrest and conviction of any person found guilty of maliciously setting a fire within the city. (Code 1970, § 9-2) Secs. 7-2-7-15. Reserved. ARTICLE II. FIRE PREVENTION CODE Sec. 7-16. Adoption. (a) There is hereby adopted, for the purpose of prescribing regulations governing condi- tions hazardous to life and property from fire or explosion, that certain code known as the Standard Fire Prevention Code, 1985 edition with supplemental revisions, published by the Southern Building Code Congress International, Inc., of which code, one (1) copy is filed in the office of the city clerk, one (1) copy with the Atlantic Beach Fire Department, and one (1) copy is filed with the Atlantic Beach Building Department, and the same is hereby adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling within the city. (b) There is also hereby adopted, that certain code known as the National Fire Protection Association 101 Life Safety Code, 1988 edition, of which code one (1) copy is filed in the office of the city clerk, one (1) copy with the Atlantic Beach Fire Department, and one (1) copy with the Atlantic Beach Building Department, and the same is hereby adopted and incorporated as fully as if set out at length in this article, and the provisions thereof shall be controlling within the city. (Code 1970, § 9-3; Ord. No. 57-89-15, § 1, 4-24-89) *Cross references—Fire department, § 2-61 et seq.; buildings and building regulations, Ch. 6; signs and advertising structures as fire hazards, § 17-4; signs and advertising struc- tures obstructing doors, windows and fire escapes, § 17-6. State law references—Fire prevention and control, F.S. Ch. 633; local fire chief author- ized to enforce laws and rules of state fire marshal, F.S. § 633.121; explosives, F.S. Ch. 552; procedure to lawfully burn land, F.S. § 590.12; sale of fireworks, F.S. Ch. 791. Supp. No. 8 469 § 7-17 ATLANTIC BEACH CODE Sec. 7-17. Enforcement. The fire prevention code adopted by this article shall be enforced by the chief of the fire department. (Code 1970, § 9-4) Sec. 7-18. Modifications. The chief of the fire department shall have power to modify any of the provisions of the fire prevention code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the chief of the fire department thereon, shall he entered upon the records of the department, and a signed copy shall be furnished the applicant. (Code 1970, § 9-6) Sec, 7-19. Appeals from actions of chief of fire department. Whenever thc chief of the fire department shall disapprove au application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire prevention code adopted by this article do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city commission within thirty (30) days from the date of the decision appealed. (Code 1970, § 9-7) P -H;; inpecticn f pcnclt:y- ;it t ciaa pCtit removal of prohibited conditions. (a) Any person who shall violate any of the provisions of the fire prevention code adopted by this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city commission or by a court of competent jurisdiction within the time fixed in this article, shall, severally, for each such violation and noncompliance respec- tively, be punished as provided in section 1-11. (b) The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy the violations or defects within a reasonable time. When not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. (c) The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions. (Code 1970, § 9-8) Supp. No. 8 470 [The next page is 521] Chapter 13 OFFENSES* Art. I. In General, §§ 13-1-13-150 Art. II. Minors on Streets and in Public Places, §§ 13-151-13-158 ARTICLE I. IN GENERAL Sec. 13-1. State misdemeanors. It shall be unlawful for any person to commit within the city any act which is or shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby prohibited. (Code 1970, § 14-16) Sec. 13-2. Loitering in, obstructing, etc., streets, public places, etc. (a) No person shall loiter, lounge or sleep in or upon any street, park or public place or in any public building, or obstruct the access to any public building or any part thereof, or obstruct passage through or upon any public street, park or public place. (b) For the purposes of this section, the term "loiter" shall encompass, but shall not necessarily be limited to, one or more of the following acts: (1) Obstruction of the free, unhampered passage of pedestrians or vehicles. (2) Obstructing, molesting or interfering with any person lawfully upon any street, park or other public place. (3) Conduct involving the concept of standing idly by, loafing, walking about aimlessly without purpose and including the colloquial expression of "hanging around." (c) A person shall be guilty of violating this section only after refusing to move on when so requested by a peace officer, provided the peace officer has exercised his discretion reason- ably under the circumstances in order to preserve or promote public peace and order. (d) For the purpose of this section, the term "other public place" shall be deemed to include the quasi -public area in front of or adjacent to any store, shop, restaurant, luncheon- ette or other place of business, and shall also include any parking lot or other vacant private property not owned or under the dominion of the person charged with a violation of this section. (Code 1970, § 14-7) Cross references—Streets, sidewalks and other public places, Ch. 19; obstructing free passage of streets and sidewalks prohibited, § 19-1. *Cross references—Police, Ch. 15; traffic and motor vehicles, Ch. 21. Supp. No. 8 787 § 13-3 ATLANTIC BEACH CODE Sec. 13-3. Discharging firearms, air guns, etc., prohibited. (a) It shall be unlawful to discharge any firearm or any loaded air gun, air rifle, air pistol or similar device within the city. (b) This section does not apply to a person lawfully defending life or property or perform- ing official duties requiring the discharge of a firearm. (Code 1970, § 14-17) State law reference—Discharging firearm in public, F.S. § 790.15. Sec. 13-4. Drug paraphernalia—Definitions. The following words and phrases, when used in sections 13-4 and 13-5, shall, for the purposes of sections 13-4 and 13-5, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: Cocaine spoon shall mean a spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as a "cocaine" spoon or "coke" spoon. Controlled substance shall mean any drug or substance named or described in F.S. § 893.03, Schedules I through V, as amended, commonly known as the Florida Comprehensive Drug Abuse Prevention and Control Act. Marijuana or hashish pipe shall mean a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen. Paraphernalia shall mean an empty gelatin capsule, hypodermic syringe or needle, co- caine spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance. (Ord. No. 95-80-19, § 2, 2-25-80) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 13-5. Same—Sale, display, etc., of paraphernalia, prohibited; exceptions. (a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance as enumerated in F.S. § 893.03, Sch. I—V, as amended, commonly known as the Florida Comprehensive Drug Abuse Prevention and Control Act. (b) The prohibition contained in this section shall not apply to manufacturers, wholesal- ers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropo- Supp. No. 8 788 OFFENSES § 13-7 dists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma or any other medical condition requiring self -injection. (Ord. No. 95-80-19, § 3, 2-25-80) State law reference—Use, possession, manufacture, delivery or advertisement of drug paraphernalia, F.S. § 893.147. Sec. 13-6. Obscene matter prohibited. (a) For purposes of this section and section 13-7, the following definitions shall apply: Distribute. The transfer of possession whether with or without consideration. Knowingly. Awareness of the character of the matter or live conduct. Matter. Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials or physical exhibition performed by individuals, whether male or female. Obscene. Means to the average person applying contemporary standards, taken as a whole the predominant appeal of the matter is to prurient interest, i.e., a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits or candor in description or representation of such matters, including but not being limited to patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated or patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals whether by male of female. Person. Any individual whether male or female, partnership, firm, association, corporation or other legal entity. (b) It shall be unlawful for any person to knowingly send or cause to be sent, or bring or cause to be brought, into this municipality, for sale or distribution any obscene matter. (c) It shall be unlawful for any person to prepare, publish, print, exhibit, distribute, or offer to distribute, or have in his or her possession with intent to distribute, exhibit or offer to distribute, advertise for exhibition, or display any obscene matter within this city. (Ord. No. 95-86-28, § 1, 3-24-86) Sec. 13-7. Exposure of private parts in establishments serving alcoholic beverages. (a) It shall be unlawful for any person maintaining, owning, or operating a commercial establishment located within the City of Atlantic Beach, Florida, at which alcoholic beverages are offered for sale for consumption on the premises: Supp. No. 8 789 § 13-7 ATLANTIC BEACH CODE (1) To suffer or permit any female persons, while on the premises of said commercial establishment, to expose to public view the area of the human female breast at or below the areola thereof. (2) To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appear- ance of or simulate such portions of the female breast as described in subsection (a)(1) above. (3) To suffer or permit any person, male or female, while on the premisese of said com- mercial establishment to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage. (b) It shall be unlawful for any female person, while on the premises of a commercial establishment located within the City of Atlantic Beach, Florida, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance of or simulate such areas of the female breast as described herein. (c) It shall be unlawful for any person, male or female, while on the premises of a commer- cial establishment located within the City of Atlantic Beach, Florida, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage. (d) Any person who shall violate any provision of this section shall be guilty of a mis- demeanor nunishable by a fine not to exceed five hundred dollar ($500.00) or thirty (30) day in jail or both. (Ord. No. 95-86-28, § 1, 3-24-86) Sec. 13-8. Replica firearms—Definition. Replica firearms shall mean any device or object made of plastic, wood, metal, or any other material which is a replica, facsimile, or toy version of, or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm and shall include toy guns, movie props, hobby models, starter pistols, air guns, pellet guns, BB guns, or any other device which might reasonably be perceived to be a real firearm. (Ord. No. 57-89-13, § 1, 2-13-89) Sec. 13-9. Same—Possession and use regulated. (a) It shall be unlawful for any person to carry, display, or brandish any replica or facsimile of a firearm in a manner or at a location which would injure, annoy or create fear in the general public or in any individual. Supp. No. 8 790 OFFENSES § 13-153 (b) It shall be unlawful for any person to carry, display, or brandish any replica or facsimile of a firearm in the presence of a law enforcement officer. (Ord. No. 57-89-13, § 1, 2-13-89) Secs. 13-10-13-150. Reserved. ARTICLE II. MINORS ON STREETS AND IN PUBLIC PLACES* Sec. 13-151. Short title. This article shall be known and may be cited as the "Ordinance Regulating the Presence and Conduct of Minors on Streets and Public Places." (Ord. No. 57-89-14, § 1, 2-27-89) Sec. 13-152. Definitions. For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory. City. The City of Atlantic Beach. Custodian. Any person over the age of eighteen (18) who is in loco parentis to a juvenile. Guardian. Any person other than a parent, who has legal guardianship of a minor. Minor. Any person under the age of eighteen (18). Parent. The natural or adoptive parent of a minor. Public place. Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above. (Ord. No. 57-89-14, § 2, 2-27-89) Sec. 13-153. Curfew for minors. It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the city between the hours of 10:00 p.m. and 6:00 a.m., Sunday through *Editor's note—Ord. No. 57-89-14, §§ 1-7, adopted February 27, 1989, did not specifi- cally amend the Code; therefore, inclusion as §§ 13-151-13-158 was at the discretion of the editor. Supp. No. 8 791 § 13-153 ATLANTIC BEACH CODE Thursday, and between the hours of 12:00 p.m. and 6:00 a.m., Friday through Saturday, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. (Ord. No. 57-89-14, § 2, 2-27-89) Sec. 13-154. Responsibilities of owners of public places. It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of eighteen (18) between the hours of 12:00 p.m. and 6:00 a.m. (Ord, No, 57-89-14, § 3, 2-27-89) Sec. 13-155. Parents' responsibility. It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of eighteen (18) to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the city between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of this section do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification to the police department. (Ord. No. 57-89-14, § 4, 2-27-89) Sec. 13-156. Special functions. Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in section 13-153 shall be exempt from the provisions of section 13-153 of this article provided, however, the chief of police or his designee may verify said special function or entertainment with the minor's parents or by contact with said church, school, club or other organization. (Ord. No. 57-89-14, § 5, 2-27-89) Sec. 13-157. Procedures. (a) Any police officer upon finding a minor in violation of section 13-153 shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the shift supervisor of the police department who in turn shall notify the parents, guardian, or person having custody or control of such minor. (b) If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a Supp. No. 8 792 OFFENSES § 13-158 previous occasion that he or she is in violation of curfew, he or she shall be taken to the police department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities. (Ord. No. 57-89-14, § 6, 2-27-89) Sec. 13-158. Penalties. Any minor violating the provisions of this article shall be dealt with in accordance with the juvenile court law and procedure. Any parent, guardian, or other adult person having the care and custody of a minor violating this article shall, after having been previously notified under section 13-157 be fined not more than fifty dollars ($50.00) for each offense. (Ord. No. 57-89-14, § 7, 2-27-89) Supp. No. 8 793 [The next page is 839] REFUSE AND GARBAGE § 16-7 premises, or a street, plaza, alley or park, or in any canal, waterway, lake or pool within the city. Garden trash containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Code 1970, § 18-4) State law reference—Florida Litter Law, F.S. § 403.413. Sec. 16-6. Permit for collection, removal, transportation and disposal. (a) No person shall remove garbage or trash from any premises in the city, or transport garbage or trash through the streets or alleys or public ways of the city, or dump, incinerate or in any other manner dispose of garbage or trash originating in the city, or contract for or permit himself to be employed or engaged for any such removal, transportation or disposal, without first having secured a permit for such services from the director of finance. Before issuing the permit, the director of finance shall require the execution of an application form, to be furnished by him, showing the names of the principal officers and the names of the persons who are to actually perform the services for the corporation, together with the business and home addresses of each of the persons, a description of the equipment to be used in the removal, transportation and disposal and the exact location of and the method of disposal, which application shall be submitted to and approved by the city commission as a prerequisite to the issuance of the permit. When the application specifies a point of disposal beyond the limits of the city, the city manager shall determine that the disposal of garbage at the point named, and by the method described in the application are satisfactory to the proper authorities of the county or of the municipality, if the point is within a municipality. No permittee under this section shall change any of the personnel names in the application, nor any of the equipment used for removal or transportation, nor the location or method of disposal, as described in the application, without first having reported the changes to the city manager and secured his approval and permission therefor, and in the cases of changes in the location and method of disposal, if beyond the limits of the city, the changes shall also be approved by the proper authorities of the county or of the municipality within which the disposal point is located. (b) The city reserves the right to reject any application without the necessity for showing cause of the action, provided the contractor undertakes to perform work not in the best interests of the city. (Code 1970, § 18-5) Sec. 16-7. Fees for collection. All residents, occupants and owners of premises in the city who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation division of the city, and for the service of garbage and trash removal shall pay the City of Atlantic Beach the sums shown below for each service: (1) Residence A unit: For each residence A unit, thirty-six dollars ($36.00) per quarter. Supp. No. 8 945 § 16-7 ATLANTIC BEACH CODE (2) Residence B unit: For each residence B unit, thirty-six dollars ($36.00) quarterly per living unit. (3) Residence C unit: For each residence C unit, thirty-six dollars ($36.00) quarterly per living unit; if central pickup of garbage and trash is required as determined by the director of public services, a container or dumpster will be furnished and maintained by the city and the cost thereof will be one dollar and thirty-five cents ($1.35) per yard per pickup. (4) Commercial A unit: For each commercial A unit, one dollar and thirty-five cents ($1.35) per yard per quarter as follows: One 2 cubic yard dumpster, $210.60 per quarter. One 4 cubic yard dumpster, $421.20 per quarter. One 6 cubic yard dumpster, $631.80 per quarter. One 8 cubic yard dumpster, $842.40 per quarter. Note: Charge includes dumpster maintenance and replacement. (5) Commercial B unit: All business, professions and occupations not required to have a commercial dumpster: With owner or operator, per quarter, twenty-four dollars ($24.00). With owner or operator and one employee, per quarter, twenty-seven dollars ($27.00). With owner or operator and two (2) employees, per quarter, thirty dollars ($30.00). With owner or operator and three (3) employees, per quarter, thirty-six dollars ($36.00). With owner or operator and four (4) employees, per quarter, forty-two dollars ($42.00). With owner or operator and five (5) or more employees, per quarter, forty-eight dollars ($48.00). (Ord. No. 55-81-18, 9-28-81; Ord. No. 55-85-21, § 3, 12-9-85; Ord. No. 55-88-22, § 1, 11-28-88) Sec. 16-8. Noncomplying trash collection. The city shall not be required to collect any trash which does not comply with this chapter. (Code 1970, § 18-2(1)) Sec. 16-9. Removal of lot clearing, contractors' debris; oil and grease. Trash and debris caused from the operation of lot cleaning or clearing and contractors' debris caused from building, rebuilding or otherwise altering of buildings or structures shall be removed by the owner or contractor performing the work. Spent oils or greases accumu- lated at garages, filling stations or similar establishments will not be removed by the city. (Code 1970, § 18-8) Supp. No. 8 946 Chapter 17 SIGNS AND ADVERTISING STRUCTURES* Art. I. In General, §§ 17-1-17-30 Art. II. Permit, §§ 17-31-17-35 ARTICLE I. IN GENERAL Sec. 17-1. Certain signs exempted from operation of chapter. The following signs are expressly excluded. from the operation of this chapter: (1) Decals affixed to or signs painted on store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (2) Signs wholly within a building. (3) Memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into any masonry surface or when constructed of bronze or other incombustible material. (4) Small professional nameplates for physicians, surgeons, dentists, musicians, lawyers, architects, teachers and other like professional persons placed on the premises occu- pied by the persons, and not exceeding more than one (1) square foot in area, in all areas except business or industrial zones. (5) Occupational signs denoting only the name and profession of an occupant in a commercial building or public institutional building, placed flat against the exterior surface of the building and not exceeding three (3) square feet in area. (6) Not more than one (1) real estate sign advertising the sale, rental or lease of only the premises on which it is maintained. Such sign shall not be more than four (4) square feet in area and shall conform to required setback lines. Also, not more than four (4) off -premise real estate signs advertising an official open house which said open house shall be of a duration of no more than four (4) continuous hours and said signs may not be erected more than one-half hour before the open house and must be removed within one-half hour after the end of the open house. (7) Signs noting the architect, engineer or contractor when placed upon work under construction; provided, the sign shall be removed within fifteen (15) days of comple- tion of construction. The signs shall not be larger than necessary to display the names of persons or firms performing labor or supplying materials to the premises. *Cross references—Buildings and building regulations, Ch. 6; planning/zoning/appeals, Ch. 14; occupational license for advertising, § 20-59; zoning and subdivision regulations, Ch. 24. State law references—Authority to establish sign ordinances, F.S. § 166.0425; outdoor advertisers, F.S. Ch. 479. Supp. No. 8 995 § 17-1 ATLANTIC BEACH CODE (8) Traffic signs, legal notices, danger signs and temporary emergency or nonadvertising signs, erected by the city, county, state or federal authorities. (9) "No trespassing" and "private property" signs not exceeding sixty-six (66) square inches in area. (10) "Vacancy" or "no vacancy" signs not exceeding sixty-six (66) square inches in area. (11) Directional signs, located off premise, of any religious, charitable, fraternal or civic organization operated within the city, having a meeting place, clubhouse or other site within the city for the purpose of indicating the place where such clubhouse, meeting place or site is located in the city. Such directional signs shall not exceed twelve (12) inches by eighteen (18) inches and be not more than ten (10) feet in overall height above ground level. These directional signs shall not exceed four (4) in number for each organization, as listed herein, and shall be no less than one thousand (1,000) feet from another directional sign of the same organization. Any directional sign existing on December 1, 1988, shall be allowed to remain until such time as the condition of the sign becomes unsafe, unsightly or in need of major repairs, at which time it shall be removed. Structural repairs to existing signs shall not be made without a permit. Before any directional signs can be installed after December 1, 1988, a permit shall be obtained from the city specifying design, duration, and location. (12) Bulletin boards not over fifteen (15) square feet in area for public, charitable or religious institutions, when the same are located on the premises of the institutions. (13) Signs announcing the candidacy of a candidate for public office not exceeding four (4) square feet in area. The signs shall be limited to four (4) locations within the city for each candidate, and written authorization from the property owner for placing any such sign shall be obtained and filed with the city manager by the candidate or his agent. The placing of the signs on public property is expressly prohibited. All permit- ted signs will be removed by the candidate within seventy-two (72) hours after final election. (14) Signs erected at entrances to subdivisions or new developments which contain not less than ten (10) houses or lots. Any such signs shall not exceed twenty-four (24) square feet in area. (15) Signs posted on public service benches. Advertising signs on benches shall be regu- lated by contract by the city commission. (Code 1970, § 20-1; Ord. No. 60-81-4, § 1, 7-13-81; Ord. No. 60-88-5, § 1, 1-11-89) Sec. 17-2. Signs permitted. (a) Signs displayed or erected which advertise the particular building or property on which the sign.is located, or some merchandise or service dispensed or rendered on the same premises on which the sign is located, are permitted, subject to subsection (b) of this section and all other provisions of this chapter. No other billboard, sign, banner, marquee, canopy or Supp. No. 8 996 SIGNS AND ADVERTISING STRUCTURES § 17-2 awning sign of any kind, except those signs specifically exempted in section 17-1,. shall be displayed or erected in the city. (b) The following signs, are permitted in the city, subject to the restrictions set out below: (1) Flat signs. A flat sign is any sign erected parallel to the face of or on the outside of any building and supported through its length by such wall, or any sign in any way Supp. No. 8 997 ZONING AND SUBDIVISION REGULATIONS § 24-157 Sec. 24-154. Display of used merchandise outside of business. It shall be unlawful for any business or commercial enterprise to have outside display or sales of used furniture, clothing, dry goods, hardware or other similar materials. (Ord. No. 90-82-72, § 1, 6-28-82) Sec. 24-155. Establishments offering dancing or live entertainment. If at any time the city commission shall determine, based upon procedural due process, that the live entertainment for which a conditional use permit has been issued constitutes a public or private nuisance, is not in the best interests of the public, is contrary to the general welfare or has an adverse effect upon the public health, safety, comfort, good order, appear- ance or value of property in the immediate or surrounding vicinity, then the city commission may, upon such determination, revoke, cancel or suspend such license, and any person or party applying for and receiving a conditional use permit for live entertainment is hereby placed on notice that the permit may be canceled, revoked or suspended at any time pursuant to the provisions of this section. Every conditional use permit hereafter granted for live entertainment shall contain a recitation upon the face thereof that the same is subject to revocation, cancellation or suspension for the reasons stated in this section. (Ord. No. 90-82-74, § 2(III, H, 4), 7-26-82) Sec. 24-156. Exceptions to height limitations. (a) Upon specific application, the city commission may make exceptions to the limitations and restrictions on height of buildings in all zoning districts described in this article, except the single-family residential zoning districts; provided, that in any instance wherein such an exception is granted, the city commission shall prescribe the maximum allowable height of the building or buildings involved. (b) Chimneys; water, fire, radio and television towers; church spires, domes, cupolas, stage towers and scenery lofts; cooling towers, elevators and stair bulkheads, smokestacks, flagpoles; parapet walls and similar structures and their necessary mechanical appurtenances may be erected above the height limits established by this article without the necessity of obtaining a waiver of or exception to the height limitation by the city commission. However, the heights of these structures shall not exceed the height limitations prescribed by the Federal Aviation Administration (FAA) within the flight approach zone patterns of airports. Plans for construction in these areas shall be approved by the FAA prior to submittal to the administrative official for site plan approval. (Ord. No. 90-82-74, § 2(III, H, 5), 7-26-82) Sec. 24-157. Fences, hedges and walls; eaves and cornices. (a) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure between the front property line and the front building setback line exceeding four (4) feet in height at any given point. In the area between the front building setback line and the rear property line, no fence or wall shall exceed six (6) feet in height at any given point. The height of fences and walls shall be measured from grade to the top of the Supp. No. 8 1455 § 24-157 ATLANTIC BEACH CODE fence or wall. Where a fence or wall is erected at the junction of properties with varying elevations, the height of the fence or wall is measured from the side with the lowest elevation. (b) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure exceeding four (4) feet in height, nor plant, keep or maintain any hedge, bush or shrubbery exceeding three (3) feet in height upon real property within a distance of twenty-five (25) feet from the point where the right-of-way of any road or street intersects the right-of-way of another road or street. (c) Eaves and cornices, where they project into any required yard, shall not project more than forty (40) percent of the width of the required yard over which they project. (Ord. No. 90-82-74, § 2(III, H, 6), 7-26-82; Ord. No. 90-86-105, § 3, 7-14-86; Ord. No. 90-89-141, § 1, 4-24-89) Sec. 24-158. Guardhouses and security buildings. (a) Guardhouse or security building shall mean any structure designed, built or used exclusively for the shelter and on -duty accommodation of persons engaged in the protection, guarding and security of persons and property. (b) Upon specific approval, by the city, of an application for a building permit to install, construct or place guardhouse or security building and issuance of a building permit, a guardhouse or security building may be erected, installed, placed or constructed within any zoning district. (c) Any person or party desiring to erect, install, place or construct any guardhouse or security building shall apply to the administrative official for a permit. Such application shall meet all requirements of applications for building permits and shall be accompanied by the building permit fee required by the city for commercial structures. (d) Upon receipt of the application and filing fee, the city shall, as soon as practicable, either approve and authorize issuance of the permit, or deny the same. If the permit is authorized, the administrative official shall issue a permit for the guardhouse or security building. (e) No guardhouse or security building shall be occupied until the time has passed all building inspections and a certificate of occupancy has been issued. (f) When any guardhouse or security building has ceased to be used for such purpose as defined in this section, and the guardhouse or security building does not meet all setback, square footage, electrical, plumbing and other requirements of this article for issuance of a building permit as a principal use, accessory use or conditional use in the zoning district where the building is located, it shall be removed at the owner's expense unless the city authorizes the continued use. (Ord. No. 90-82-74, § 2(III, H, 7), 7-26-82) Supp. No. 8 1456 ZONING AND SUBDIVISION REGULATIONS § 24-160 Sec. 24-159. Home occupations. Intent. To recognize the need for people to conduct small-scale home occupations, which are incidental to the primary use of the residence, while preserving the character of residen- tial neighborhoods and minimizing traffic and nonresidential disturbances. (a) A home occupation that is solely used for the purpose of receiving phone calls and keeping business records in connection with any profession or occupation or any business activity of a sedentary nature, as listed in (7) below, shall be permitted in all residential districts and shall require a "convenience license." Home occupations shall not be permitted in areas which are restricted by deed when such documents are recorded in the public records of Duval County and on file with the city clerk of the City of Atlantic Beach. All other business activities shall be restricted to the commercial districts. The following regulations shall apply to home occupations: (1) The address of the home occupation shall not appear in the telephone book, on letterhead, checks or any type of advertising. (2) No one other than immediate family members residing on the premises shall be involved in the occupation. The home occupation shall be nontransferable. (3) The occupation shall be conducted entirely within the dwelling and there shall be no outside storage or outside use of equipment or materials. (4) No more than one (1) room of the dwelling shall be used to conduct the occupation, provided the area of that room does not exceed twenty-five (25) percent of the total living area of the dwelling. (5) No external sign or evidence that the dwelling is being used for the home occupation shall be allowed. (6) There shall be no pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors or electrical interference as a result of the home occupation. (7) The following are typical occupations that are acceptable as home occupations: Ac- countant, architect, artist, attorney, bookkeeper, consultant, auctioneer, seamstress or tailor, insurance agent, music instructor, photographer, piano tuner, real estate agent, secretarial services, telephone answering service, hobby/crafts (not involving heavy equipment). (8) If at any time there is a complaint of noncompliance of the above which is sustained, the convenience license shall be revoked. (b) Home occupations existing at the time this section is adopted will comply substan- tially with the standards of this section on or before April 1, 1990. (Ord. No. 90-82-74, § 2(III, H, 8), 7-26-82; Ord. No. 90-88-138, § 1, 3-27-89) Sec. 24-160. Miniwarehouses. The business commonly known as miniwarehouses shall be utilized for the sole purpose of storage of tangible personal property. (Ord. No. 95-79-18, § 2, 10-8-79) Supp. No. 8 1457 § 24-161 ATLANTIC BEACH CODE Sec. 24161. Off-street parking and loading. (a) General Minimum off-street vehicular parking spaces shall be provided at the time of the construction of any main building for the uses described in this section. The facilities shall be arranged for convenient access and safety of pedestrians and vehicles; shall be paved, adequately drained and maintained in a dustproof condition; shall provide barriers when located at the perimeter of the lot to prevent encroachment on to adjacent property; and when lighted, lights shall be directed away from adjacent property. Parking areas and driveways shall not obstruct storm water drainage swales, guttering, etc. (b) Plans required A plan shall be submitted with the application for a building permit for any building requiring off-street parking and loading with accurate dimensions for park- ing and loading spaces, access aisles and driveways and location of parking and loading in relationship to the buildings or uses to be served. (c) Measurement. Where floor area determines the amount of off-street parking and loading required, the floor area of a building shall be the sums of the gross horizontal area of every floor of the building, using exterior wall dimensions. In places of public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such seating shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half shall require a full space. (d) Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the most similar to the one sought, it being the intent of this article to require all uses to provide off-street parking and loading. (e) Location: (1) Parking spaces for dweiiings shall be located on the same property with main build- ing to be served, where feasible. (2) Parking spaces for other uses shall be provided on the same lot or not more than four hundred (400) feet away. (f) Design requirements: (1) Parking space dimension shall be a minimum of ten (10) feet by twenty (20) feet; (2) Handicapped parking spaces shall have a minimum width of twelve (12) feet; (3) Minimum width for one-way driveway aisle shall be twelve (12) feet and the mini- mum width for two-way driveway shall be twenty-two (22) feet. (g) Parking space requirements: (1) Auditoriums, theaters or other places of assembly. One (1) space for every four (4) seats or seating places; (2) Bowling alleys. Four (4) spaces for each alley; (3) Business or commercial buildings. One (1) space for each three hundred (300) square feet of gross floor area; Supp. No. 8 1458 ZONING AND SUBDIVISION REGULATIONS § 24-161 (4) Churches, temples or places of worship. One (1) space for each four (4) seats or seating places; (5) Clubs or lodges. One (1) space for each four (4) seats or seating places or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater; (6) Dwelling structures. a. Single-family, two (2) spaces per dwelling unit; b. Multiple -family, two (2) spaces per dwelling unit plus one (1) space for owner or operator plus one (1) space for each two (2) employees. Supp. No. 8 1458.1 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 90-87-118 3-23-87 1 24-63(3) 90-87-119 4-27-87 1 24-161(i) 80-87-34 6-22-87 1 22-166(b) 80-87-35 9-28-87 1 22-169 5-87-19 9-28-87 1 2-368 90-87-124 10-12-87 1 24-164(2)(a) 58-87-8 10-26-87 1 2-281 2 2-298 58-87-10 11-23-87 1 2-273 2-276(b) 2-277(d) 2-278(b) 2-279(b) 2-283 2-284(a) 90-87-127 1-11-88 1 24-188(c) 90-88-128 1-25-88 1 24-86 80-88-38 3-14-88 1 22-167 80-88-39 3-14-88 1 22-18(c) 95-88-34 3-14-88 1, 2 2-1 95-88-33 4-25-88 1 4-6, 4-7 2 4-22 3 4-23 4 4-25 5 4-26 80-88-40 6-13-88 1 22-167(b) 90-88-132 7-25-88 1 24-109 58-88-12 8- 8-88 1 2-285 90-88-134 8- 8-88 1 24-110 75-88-7 9-12-88 1 21-24(a) 95-88-35 9-26-88 1 5-31 90-88-136 10-24-88 1 24-188(c) 55-88-22 11-28-88 1 16-7(1)—(3) 58-88-13 11-28-88 1 2-262 2-279 2-283 2-285 2-298(c) 5-88-20 12-12-88 1 2-19(7) 60-88-5 1-11-89 1 17-1(6), (11) 57-89-13 2-13-89 1 13-8, 13-9 57-89-14 2-27-89 1-7 13-151- 13-158 90-88-138 3-27-89 1 24-159 57-89-15 4-24-89 1 7-16 90-89-141 4-24-89 1 24-157(a) Supp. No. 8 1995 [The next page is 2043] F.S. Section Ch. 650 650.02 650.05 Ch. 705 705.16 Ch. 760 760.20 760.22 760.23 760.24 760.25 760.29 760.37 Supp. No. 8 STATUTORY REFERENCE TABLE Section this Code Ch. 2, Art. VI, Div. 2(note) 2-241 2-241 Ch. 2, Art. VI, Div. 2(note) Ch. 15, Art. II (note) 21-24 Ch. 2, Art. II(note) Ch. 9(note) Ch. 9, Art. II(note) 9-16 9-17 9-18 9-22 9.23 9-24 F. S. Section Section this Code Ch. 767 Ch. 3, Art. II(note) 4-26 768.28 Char., § 160 2-1(b)(1) 790.15 13-3 Ch. 791 Ch. 7(note) 806.13 6-111 22-57 Ch. 823 Ch. 12(note) Ch. 828 4-5 876.05 Char., § 168 893.03 13-4 13-5 893.147 13-5 932.701 Ch. 15, Art. II (note) 943.22 2-262 943.25(8Xa) 15-1 2055 [The next page is 2081] CODE INDEX CODE OF ORDINANCES—Cont'd. Section Severability of parts of code 1-8 Supplementation of code 1-10 Violations General penalty; continuing violations 1-11 COMMERCIAL VEHICLES Stopping, standing or parking buses or commercial vehicles 21-22 Zoning regulations Storage and parking of vehicles in residential districts 24-163 COMMISSION. See: CITY COMMISSION COMMISSIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY COMMUNITY DEVELOPMENT BOARD Provisions re 14-16 et seq. See: PLANNING COMMUNITY FACILITIES Zoning regulations, planned unit development (PUD) 24-136 COMPREHENSIVE PLAN Provisions re 14-1 CONDEMNATION Garbage and trash cans 16-2(c) CONFISCATED PROPERTY Disposition of 15-16 et seq. See: POLICE DEPARTMENT CONSERVATION Waterworks system Water shortages, conservation 22-39 CONSTRUCTION Buildings and building regulations. See that subject Subdivision regulations 24-204(e) et seq. See: SUBDIVISIONS CONTRACTORS Garbage and trash provisions Removal of lot clearing or cleaning debris by contractors 16-9 CONTRACTS Certain ordinances saved from repeal 1-5 Garbage and trash collection, removal, etc. Contracting for 16-6 When contracts and expenditures prohibited 2-314 CONTROLLED SUBSTANCES. See: DRUGS CORPORATIONS Definition of "person" to include corporation 1-2 COUNTY. See: DUVAL COUNTY Supp. No. 8 2113 ATLANTIC BEACH CODE COURTS Section Confiscated or lost property Provisions re county court 15-16 et seq. Noise provisions Interfering with court 11-10 Police training Additional court costs assessed for 15-1 COWS, CATTLE Maintaining stable 4-7 CROSSWALKS Abandoned, wrecked, junked, etc., vehicles Leaving unattended on crosswalk 21-25(a)(1) Stopping, standing or parking vehicle on or within crosswalks 21-17(5), (6) CRUELTY TO ANIMA LS Generally 4-5 CURFEW Provisions re minors in public places 13-153 et seq. See: MINORS D DANCING Zoning regulations Establishments offering dancing or live entertainment 24-155 DEATHS OF CITY EMPLOYEES Retirement system provisions 2-283, 2-284 See also: OFFICERS AND EMPLOYEES 1 T;'T; A'C'TT;.Tfti tzn �1T)rTnm') ETc 111. i £1v1 V \.7 1 11.\J1 L' ii, 1 1 , L` 111. Building numbers Removing or defacing 6-111 Public sewers Defacing, damaging, etc. 22-57 Streets, sidewalks and other public places Digging into, defacing, etc., streets, avenues, driveways, etc.. 19-2 DEMOLITION Zoning regulations Construction within the districts Demolition to comply with building and related codes .... 24-66(1) DENSITY OF LOTS, POPULATION, ETC. Zoning regulations 24-82(d) et seq. See: ZONING DEPARTMENTS AND OTHER AGENCIES OF CITY Board of trustees of city employee's retirement system 2-264 et seq. See: OFFICERS AND EMPLOYEES City commission 2-16 et seq. See: CITY COMMISSION Supp. No. 8 2114 CODE INDEX DEPARTMENTS AND OTHER AGENCIES OF CITY—Cont'dSection Code enforcement board 2-141 et seq. See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Supp. No. 8 2114.1 CODE INDEX FIRE HYDRANTS—Cont'd. Section Water shortages Permitting water to be used from fire hydrants FIRE PREVENTION AND PROTECTION Arsonists Reward for information leading to conviction of Code. See herein: Fire Prevention Code Fire prevention code Adoption 7-16 Appeals from actions of chief of fire department 7-19 Enforcement 7-17 Modifications 7-18 Violations Penalty; separate offenses; removal of prohibited conditions 7-20 Reward for information leading to conviction of arsonists 7-1 Water service charges Private fire protection service 22-30 Zoning regulations Planned unit development (PUD) Access for fire -fighting equipment 24-136(c) FIREARMS AND WEAPONS Discharging firearms, air guns, etc. 13-3 Hunting, shooting, etc., birds or wild fowl 4-4 Replica firearms Definitions 13-8 Possession and use regulated 13-9 22-39(eX4) FIRES Community development board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc., be- cause of fire 12-1(bX8) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs creating fire hazards 17-4 Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-25 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 FLOOD HAZARD AREAS Abrogation and greater restrictions 8-9 Areas of special flood hazard, basis for establishing 8-7 Supp. No. 8 2121 ATLANTIC BEACH CODE FLOOD HAZARD AREAS—Cont'd. Section Community development board 14-16 et seq. See: PLANNING Compliance 8-8 Definitions 8-5 Development permit Application procedures 8-24 Established 8-23 Findings of fact 8-2 Flood hazard reduction standards Areas of shallow flooding (AO Zones) 8-35 Generally 8-31 Specifically 8-32 Streams without established base flood elevations and/or floodways 8-33 Subdivision proposals 8-34 Interpretation 8-10 Lands to which this chapter applies 8-6 Objectives 8-4 Planning and development director Designated 8-21 Duties and responsibilities 8-22 Purpose 8-3 Statutory authorization 8-1 Subdivisions Design and construction standards Soil and flood hazards 24-251(3) Variance procedures 8-25 Violations and penalties 8-12 Warning and disclaimer of liability ............. . ... . 8-11 FLOODLIGHTS Signs and advertising structures Use of spotlights and floodlights 17-10 FLOODS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants, etc 3-2 et seq. Loitering in restaurants, luncheonettes, etc. 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances saved from repeal 1-5 Supp. No. 8 2122 CODE INDEX FRAUD Section City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGES Removal of spent oils or greases accumulated at 16-9 Zoning regulations Accessory uses and structures 24-151(bX1) GARBAGE AND REFUSE Beaches, littering 5-4 Burial of garbage 16-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Collection Fees for collection 16-7 Garbage cans and trash containers for collection 16-2 Supp. No. 8 2122.1 CODE INDEX LOTS—Cont'd. Section Vacant lots Dogs and cats running at large 4-24 Zoning regulations 24-82(c) et seq. See: ZONING LOUDSPEAKERS Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings Noise provisions 11-8 3-10 M MAGAZINES Obscene matter prohibited 13-6 MAIL Definition of "registered mail" 1-2 MAPS Community development board Recommending proposed changes in official map of city 14-20(3) Subdivision, preliminary plats Vicinity map 24-204 Zoning map Administrative official's powers and responsibilities 24-47(4), (5) Certain ordinances saved from repeal 1-5 MARIJUANA. See: DRUGS MARQUEE OR AWNING SIGNS Permitted signs 17-2(bX6) Additional provisions re signs. See: SIGNS AND ADVER- TISING STRUCTURES MAYOR -COMMISSIONER. See: CITY COMMISSION MECHANICAL CODE Adoption 6-76 Inspection fee 6-77 MERCHANDISE Zoning regulations Display of used merchandise outside of business 24-154 METERS Water meters 22-21 et seq. See: WATERWORKS SYSTEM MILITARY City employees retirement system Military service credit 2-275 MINIWAREHOUSES Zoning regulations 24-160 Supp. No. 8 2129 ATLANTIC BEACH CODE MINORS Section Child care centers Zoning regulations 24-152 Children playhouses Zoning regulations Accessory uses by zoning district 24-151(bX1) Definition of "person" to include children 1-2 Minors on streets and public places Curfew 13-153 Definitions 13-152 Owners of public places, responsibilities 13-154 Parents' responsibility 13-155 Procedures 13-157 Short title 13-151 Special functions 13 156 Violations; penalties 13-158 Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(bX6) Abatement of nuisances, etc. See: NUISANCES MISDEMEANORS State misdemeanors 13-1 MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Coastal construction re 6-18 et seq. See: COASTAL CONSTRUCTION CODE Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Definitions ......... . . . .. . ..... ...... 10_1 Minimum requirements for parks 10-2 Stopping, standing or parking of recreational vehicles 21-22(b) Zoning regulations 24-151(bXl), 24-163 Water shortages Washing of trailers, boats, etc 22-39(e) Zoning regulations Accessory uses by zoning district Parking of recreational vehicles 24-151(b)(l) Storage and parking of vehicles and equipment in residen- tial districts 24-163 Temporary construction offices 24-168 Temporary residence, campers and trailers 24-82(h) MONTH Defined 1-2 MONUMENTS Subdivisions Design and construction standards Required improvements, monuments 24-256 Supp. No. 8 2130 CODE INDEX MOSQUITOES Section Nuisances enumerated Preventing propagation of mosquitoes 12-1(bX4) Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Barricades preventing entry of vehicles and other traffic .. 5-18 Operation of motorized apparatus within 200 feet of beach . 5-7 Safety zones, use of vehicles prohibited 5-17 Impounding vehicles for animals Breaking open gate, etc., of vehicle 4-3 Noise. See also that subject Blowing horns; taxicab drivers soliciting passengers; etc. . 11-2 Use of sirens, whistles, etc., on vehicles 11-4 Nuisances enumerated 12-1(bX6), (7) Abatement of nuisances, etc. See: NUISANCES Obstruction of passage of vehicle 13-2 Recreational vehicles 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHICLES Traffic regulations 21-1 et seq. See: TRAFFIC Water shortages Washing of vehicles 22-39(e) Zoning regulations 24-163 et seq. See: ZONING MOTORIZED APPARATUS Beaches Operation of motorized apparatus within 200 feet of beach 5-7 MUFFLERS Noise provisions Muffling of blowers, power fans and engines 11-7 MULES Maintaining stable 4-7 MUSIC Noise provisions 11-2 et seq. See: NOISE MUZZLES Dogs 4-25, 4-28 N NATIONAL ORIGIN Discrimination because of, fair housing 9-16 et seq. See: FAIR HOUSING Supp. No. 8 2130.1 CODE INDEX POLICE DEPARTMENT—Cont'd. Section Chief of police Appointment, compensation 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency 15-21 Director of public safety Supervision of police department 241 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc 22-72 POWER FANS Muffling of 11-7 PRECEDING, FOLLOWING Defined 1-2 PRIVIES, PRIVY VAULTS Constructing 22-73 PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS Noise provisions 11-8 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Supp. No. 8 2139 ATLANTIC BEACH CODE PUBLIC SAFETY—Cont'd. Section Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Community development board 14-16 et seq. See: PLANNING Department of public works Created 2-79 Director of public services Appointment, compensation 2-80 Duties generally 2-81 Division chiefs Appointment, compensation 2-82 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RADIO AND TELEVISION TOWERS Zoning regulations, height limitations 24-156 RADIOACTIVE FALLOUT Fallout shelters, zoning regulations Accessory uses by zoning district 24-151(bX1) RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(7) REAL ESTATE BROKERS Fair housing 9-16 et seq. Supp. No. 8 2140 CODE INDEX RECREATIONAL VEHICLES (Campers, travel trailers, boats, Section etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHICLES REFRIGERATORS Abandoned refrigerators, nuisance provisions .............. 12-1(bX6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Dogs and cats 4-22 Solicitors 18-17 RILIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RENTALS Fair hosing 9-16 et seq. See: FAIR HOUSING Waterworks system Initial payment of minimum water rental 22-18 REPEAL OF ORDINANCES. See: CODE OF ORDIP ANCES REPLICA FIREARMS Definitions 13-8 Possession and use regulated 13-9 RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS RETIREMENT Retirement system for city employees 2-261 et seq. See: OFFICERS AND EMPLOYEES REWARDS Arsonists Reward for information leading to conviction of 7-1 RIGHTS-OF-WAY Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon any street or right-of-way 21-25(a) Building sewer installations, excavations within public right- of-way 22-111 Buses or commercial vehicles Stopping, standing or parking upon street or right-of-way 21-22 Maintenance of signs on state highway rights-of-way 17-35 Supp. No. 8 2140.1 CODE INDEX STREETS, SIDEWALKS AND OTHER PUBLIC PLACES—Cont'd. Section Minors on streets and in public places 13-151 et seq. See: MINORS Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Noises. See also that subject Creating excessive noise on streets adjacent to schools, churches, etc. 11-10 Loudspeakers, use of in public places 11-8 Noises in public places generally 11-2 Playing a musical instrument in public places 11-5 Use of noise -producing instruments outdoors on own premises Facing upon public or private streets 11-3 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto pub- lic streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets 12-1(bX2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or opposite street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Public place defined 1-2 Signs and advertising structures Interference with use of streets and sidewalks 17-4 Maximum height above sidewalks 17-9 Obstructing vision or view at street intersection 17-5 Signs, posters, etc., prohibited on streets and sidewalks 17-8 Stopping, standing or parking vehicle alongside or opposite street excavation 21-17(6) Stopping, standing or parking vehicle on sidewalks 21-17(1) Subdivisions Design and construction standards 24-252 Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 Zoning regulations Planned unit development (PUD) Street design 24-136(e) Supp. No. 8 2147 ATLANTIC BEACH CODE SUBDIVISIONS Section Adoption; authority 24-1 Amendments 24-4 Application procedure Completion of improvements prior to recording of plat 24-232 on, -x pt plan; submittals and review process 24-203(c) Required submittals 24-203(a) Review process 24-203(b) Time limit 24-203(d) Construction plans, specifications and permits Certification of permanent reference marker location 24-206(e) City commission action 24-206(d) Intent 24-206(a) Issuance of construction permit 24-206(f) Required submittals 24-206(b) Sewer and water commitment 24-206(c) Term of construction permit and revocation 24-206(g) Unlawful to construct without construction permit 24-206(h) Final plat; submittals and review process Fees 24-205(c) Required submittals 24-205(a) Review process 24-205(b) Flood hazard reduction standards 8-34 General requirements 24-201 Permits. See within this subheading: Construction Plans, Specifications and Permits Plat review procedure 24-202 Preliminary plat; submittals and review process Construction plan and cpccificaticn =via— 9..901(c) Fees 24-204(c) Required submittals 24-204(a) Review process 24-204(b) Time limit 24-204(d) Vacation of plats 24-189 Blocks Design and construction standards 24-254 Building setback lines Design and construction standards, lots 24-255(0 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board, duties re subdividing land .. 14-20 Construction Commencement of construction 24-231 Design and construction standards. See herein that subject Final plat Construction plans and specifications 24-205(aX1) Preliminary plat Construction plan 24-204(e) Supp. No. 8 2148 CODE INDEX SUBDIVISIONS—Cont'd. Section Construction plans Application procedure. See herein that subject Definitions 24-17 Design and construction standards Blocks 24-254 Conformity to city policies 24-251(1) Construction plans and specifications, general 24-251(5) Easements Drainage, watercourses 24-253(b) Other drainage easements 24-253(c) No city expense 24-253(e) Pedestrian and service easements 24-253(d) Utilities 24-253(a) General construction methods 24-251(4) General requirements 24-251 Supp. No. 8 2148.1