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AB Code Supplement 7SUPPLEMENT NO. 7 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. 90-88-136, enacted October 24, 1988. See Code Comparative Table, page 1995. Remove old pages Insert new pages ix, x ix, x Checklist of up-to-date pages Checklist of up-to-date pages 181-184 181-184.1 353-355 353-355 1223, 1224 1223-1224.1 1295-1297 1295-1297 1441-1444 1441-1444.1 1465-1466.1 1465-1466.1 1995 1995 2055 2055 Index pages 2107, 2108 2135, 2136 2138.1-2140.1 Index pages 2107, 2108 2135, 2136 2139-2140.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida January, 1989 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 [1] PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 5 Art. III. The City Manager 9 Art. IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor 10 Art. V. Department of Public Safety 11 Art. VI. Budget 11 Art. VII. Department of Finance 11 Art. VIII. Department of Personnel 11 Art. IX. Elections 12 Art. X. Initiative and Referendum 15 Art. XI. Recall 17 Art. XII. Franchises 18 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Issuance of Bonds 22 Art. XVI. Municipal Court and Department of Law 22 Art. XVII. Suits Against the City 23 Art. XVIII. General and Miscellaneous Provisions 23 Art. XIX. When Act Takes Effect 28 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 157 Art. I. In General 157 Art. II. City Commission 158 Art. III. City Manager 163 Art. IV. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 164 Div. 3. Fire Department 164 Div. 4. Department of Finance 165 Supp. No. 7 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 171 Div. 3. Retirement System 173 Art. VII. Finance 187 Div. 1. Generally 187 Div. 2. Purchasing 188 Div. 3. Uniform Travel Policy and Procedure 191 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 409 Art. IV. Plumbing Code 412 Art. .% Mechanical Ccdc 413 i3 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 13. Offenses 787 Supp. No. 7 x 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 "00" 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 OC iii OC 165, 166 4 v, vi OC 166.1 5 vii, viii 1 167, 168 1 ix, x 7 169, 170 1 xi, xii 6 171, 172 5 1, 2 5, Add. 172.1 5 3, 4 5, Add. 173, 174 OC 4.1 5, Add. 175, 176 6 5, 6 OC 177, 178 6 7, 8 OC 178.1 5 9, 10 OC 179, 180 6 11, 12 OC 181, 182 7 13, 14 5 183, 184 7 14.1 5 184.1 7 15, 16 OC 185, 186 2 17, 18 5 186.1 6 19 5 187, 188 OC 23, 24 OC 189, 190 5 25, 26 OC 190.1 5 27, 28 OC 191, 192 OC 79 5, Add. 193, 194 OC 91 5 195, 196 6 103, 104 OC 245, 246 OC 105, 106 OC 247, 248 3 107, 108 OC 299, 300 6 157, 158 6 301, 302 6 159 6 303, 304 6 161, 162 OC 353, 354 7 Supp. No. 7 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 355 7 1165, 1166 2 405, 406 OC 1167, 1168 2 407, 408 OC 1169, 1170 2 409, 410 5 1171 5 410.1, 410.2 5 1221, 1222 OC 410.3, 410.4 5 1223, 1224 7 410.5, 410.6 5 1224.1 7 410.7, 410.8 5 1225, 1226 5 411, 412 6 1227 5 413, 414 OC 1277, 1278 6 415, 416 OC 1279, 1280 5 417, 418 OC 1280.1 5 469, 470 OC 1281, 1282 OC 521, 522 6 1283, 1284 3 523, 524 6 1284.1 3 525, 526 6 1285, 1286 OC 527, 528 6 1287, 1288 OC 529, 530 6 1289, 1290 OC 531, 532 6 1291, 1292 OC 533, 534 6 1293, 1294 OC 535 6 1294.1, 1294.2 6 577, 578 OC 1295, 1296 7 579, 580 OC 1297 7 581 OC 1298.1, 1298.2 3 631, 632 OC 1299, 1300 OC 683, 684 OC 1301 OC 685 OC 1351, 1352 OC 735, 736 OC 1353 OC 737 OC 1403, 14.04 5 787, 788 4 1405, 1406 3 789, 790 4 1407, 1408 OC 839, 840 5 1409, 1410 5 841, 842 5 1411, 1412 OC 843 5 1413, 1414 5 891, 892 OC 1415, 1416 5 943, 944 3 1417, 1418 6 945, 946 3 1419, 1420 5 947 3 1421, 1422 5 997, 998 OC 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 1161, 1162 2 1439, 1440 5 1163, 1164 2 1441, 1442 7 Supp. No. 7 [2] Page No. CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. 1443, 1444 7 2103, 2104 5 1444.1 7 2105, 2106 5 1445, 1446 5 2107, 2108 7 1446.1, 1446.2 5 2108.1 5 1447, 1448 OC 2109, 2110 OC 1449, 1450 5 2111, 2112 5 1451, 1452 OC 2113, 2114 5 1453, 1454 4 2115, 2116 5 1455, 1456 5 2116.1 5 1456.1 5 2117, 2118 1 1457, 1458 2 2119, 2120 3 1459, 1460 6 2121, 2122 6 1461, 1462 6 2122.1 6 1462.1 6 2123, 2124 5 1463, 1464 OC 2125, 2126 5 1465, 1466 7 2127, 2128 6 1466.1 7 2128.1 6 1467, 1468 OC 2129, 2130 5 1469, 1470 OC 2130.1 5 1471, 1472 OC 2131, 2132 3 1473, 1474 OC 2133, 2134 6 1475, 1476 3 2135, 2136 7 1477, 1478 OC 2137, 2138 6 1479, 1480 OC 2139, 2140 7 1481, 1482 OC 2140.1 7 1483 OC 2141, 2142 OC 1983, 1984 OC 2143, 2144 5 1985 OC 2145, 2146 6 1987, 1988 OC 2147, 2148 6 1989, 1990 OC 2148.1 6 1991, 1992 2 2149, 2150 OC 1993, 1994 6 2151, 2152 5 1995 7 2152.1 1 2043 OC 2153, 2154 OC 2053, 2054 5 2155, 2156 2 2055 7 2157, 2158 1 2081, 2082 6 2159, 2160 6 2083, 2084 5 2160.1 6 2085, 2086 OC 2161, 2162 3 2087, 2088 5 2162.1 3 2089, 2090 5 2163, 2164 6 2091, 2092 5 2165, 2166 5 2093, 2094 5 2166.1 5 2095, 2096 5 2167, 2168 OC 2097, 2098 5 2169, 2170 5 2099, 2100 5 2171, 2172 5 Supp. No. 7 [3] ADMINISTRATION § 2-282 (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 retirement 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. Subject to 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 and Option B shall be the actuarial equivalent of the amount of pension under the level straight life form of payment. Supp. No. 7 181 § 2-282 ATLANTIC BEACH CODE (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 be 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 be 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 (65) 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 2-276 or section 2-278. (Ord. No. 58-75-4, § 22, 12-22-75) Sec. 2-283. Death while in city employment; elective survivor pension. A member of the retirement system who has five (5) or more years of credited service in force may nominate a beneficiary whom the board of trustees finds to be dependent upon the L1lnJ :1 f l. at least fifty (50) poiiilV Jr suppoi L due Lk) lack of financial llleiili5. A member may revoke the nomination of beneficiary at any time and again nominate a benefi- ciary whom the board of directors finds to he dependent upon the member for at least fifty (50) percent of his/her support due to lack of financial means. The nomination of beneficiary shall be in writing and filed with the board of trustees. The nomination of beneficiary shall be null and void upon the member's retirement or prior termination of city employment. 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. (Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) 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. Supp. No. 7 182 ADMINISTRATION § 2-285 (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). 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. 2285. Maximum amount of pension. In no case shall the annualized amount of a pension paid a member of the retirement system or the annualized amount of all pensions paid on account of the death of a member exceed the difference between: (1) One hundred (100) percent of the member's final average compensation; and (2) If the member's most recent date of hire is after December 31, 1978, the member's initial annualized primary insurance amount under the federal old age, survivors, disability and health insurance program, or in the event of the death of the member, the annualized periodic benefit paid by the federal old age, survivors, disability and health insurance programs; and, any workers' compensation benefits. (Ord. No. 58-75-4, § 25, 12-22-75; Ord. No. 58-88-12, § 1, 8-8-88) State law reference—Limitation of benefits, F.S. § 112.65. Supp. No. 7 183 § 2-286 ATLANTIC BEACH CODE 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 benefil payn►e is Lu Liie reserve I'm employee conLri b utiuus and the reserve fur 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. (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) Supp. No. 7 184 ADMINISTRATION § 2-289 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 assets, all gifts and bequests received by the retirement system, all unclaimed accumulated Supp. No. 7 184.1 Chapter 5 BEACHES AND PARKS* Art. I. In General, §§ 5-1-5-15 Art. II. Beach Safety Zone §§ 5-16-5-30 Art. III. Public Parks, § 5-31 ARTICLE I. IN GENERAL Sec. 5-1. Closing during emergencies. (a) During such times as, in the opinion of the director of public safety or, in his absence, the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the safety, life and health of persons using the ocean or beach, or any condition shall exist or threaten to occur that will imperil the peace and good order of the city, the director of public safety is authorized to close the ocean or beach or both or any part thereof and prohibit all swimming or bathing in the ocean or use of the beach or both in any manner, and require all persons thereon forthwith to remove themselves therefrom, or any part thereof, until the ocean, beach or dangerous areas are considered safe again for use. (b) It shall be unlawful for any person to knowingly use or refuse, when ordered, to remove themselves from any area which has been closed by the director of public safety. (Code 1970, § 5-1) Sec. 5-2. Undressing or changing clothes. It shall be unlawful for any person to undress or change his clothing upon the ocean beach within the city. (Code 1970, § 5-2) Sec. 5-3. Picnicking. It shall be unlawful for any person to have or participate in a picnic on the ocean beach within the city. (Code 1970, § 5-3) *Cross reference—Streets, sidewalks and other public places, Ch. 19. State law references—Beach and Shore Preservation Act, F.S. Ch. 161; tidal lands and bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater regulated, F.S. § 309.01; Florida Boat Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and geology, F.S. Ch. 369 et seq. Supp. No. 7 353 § 5-4 ATLANTIC BEACH CODE Sec. 5-4. Littering. It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab or other type of refuse upon the beach in the city. (Code 1970, § 5-4) Cross reference—Refuse and garbage generally, Ch. 16. State law reference—Litter law, F.S. § 403.413. Sec. 5-5. Surfboards. It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent to the beach within the corporate limits of the city at any time and at any location unless the surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end of which must be securely bound to either the ankle or wrist of the surfer. (Ord. No. 95-82-25, § 1, 4-26-82) Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities. It shall be unlawful for any person to park a sailboat or catamaran on the beach in any manner which will obstruct the view of lifeguards performing lifeguard activities. Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach. It shall be unlawful for any person to operate any motorized boat or other motorized apparatus within two hundred (200) feet of the beach. Secs. 5-8-5-15. Reserved. ARTICLE II. BEACH SAFETY ZONE Sec. 5-16. Establishment; hours and period of use. During the entire period from 8:00 a.m. and 7:00 p.m. of each day, beginning May first and continuing to and including September thirtieth in each year, all of that area of the ocean beach within the city lying southerly of the prolongation easterly of the northerly line of the seawall to the low water mark of the Atlantic Ocean and northerly of the prolongation easterly to the low water mark of the northerly line of lot 5, block 36, Atlantic Beach, according to the plat recorded in plat book 5, page 69 of the current public records of the county, is established as a safety zone for the use of persons engaged in bathing, sunbathing, games, fishing and similar recreational activities. (Code 1970, § 5-5) Sec. 5-17. Use of vehicles and riding of animals prohibited. It shall be unlawful for any person to propel, operate or drive any motorized vehicle or any vehicle drawn by a draft animal or to ride any animal at any time within that area of the Supp. No. 7 354 BEACHES AND PARKS § 5-31 ocean beach specified in section 5-16, above. (Code 1970, § 5-6; Ord. No. 57-86-11, § 1, 4-14-86) Cross references—Animals generally, Ch. 4; traffic and motor vehicles, Ch. 21. Sec. 5-18. Barricades. The city manager shall erect and maintain at all times during the hours and period specified in section 5-16 suitable obstructions or barricades along the northerly and southerly lines of the area described in section 5-16 to prevent the entry therein of vehicles and other traffic prohibited by this article. (Code 1970, § 5-7; Ord. No. 57-86-11, § 1, 4-14-86) Secs. 5-19-5-30. Reserved. ARTICLE III. PUBLIC PARKS Sec. 5-31. Howell Park use prohibited after dark. It shall be unlawful for any person or groups of persons to congregate in or about or traverse through the area known as Howell Park between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m. whichever is later. (Ord. No. 95-88-35, § 1, 9-26-88) Editor's note—Ord. No. 95-88-35, § 1, adopted September 26, 1988, amended the Code by adding a new § 5-19. The aforesaid has been redesignated as § 5-31 at the discretion of the editor. Supp. No. 7 355 [The next page is 4051 TRAFFIC AND MOTOR VEHICLES § 21-22 prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless the vehicle displays a parking permit as required by state law. (Ord. No. 75-82-3, § 2, 4-12-82) State law reference—Similar provisions, F.S. § 316.1945. Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation or traffic sign or signal or a police officer. (Ord. No. 75-82-3, § 3, 4-12-82) Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected, no person shall park a vehicle in such a designated place. (Ord. No. 75-82-3, § 4, 4-12-82) Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (Ord. No. 75-82-3, § 5, 4-12-82) Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose of: (1) Displaying it for sale; or (2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. No. 75-82-3, § 6, 4-12-82) Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements. (a) No person shall stop, stand, or park a bus or commercial vehicle in excess of eighteen thousand five hundred (18,500) pounds gross vehicle weight, or any combination thereof, or any component part thereof, except for the purpose of loading and unloading. Component part shall include the tractor unit or trailer unit of tractor -trailer type truck. (1) Upon any street or right-of-way; (2) Upon any private property in a residential zone. Supp. No. 7 1223 § 21-22 ATLANTIC BEACH CODE (b) No person shall stop, stand, or park a recreational vehicle, camper; travel trailer, equipment trailer, boat, or trailer, or commercial vehicle in excess of ten thousand (10,000) pounds gross vehicle weight upon any street or right-of-way. (Ord. No. 75-82-3, § 7, 4-12-82) Sec. 21-23. Parking more than seventy-two hours prohibited. No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of seventy-two (72) hours. (Ord. No. 75-82-3, § 8, 4-12-82) Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.—Declared un- lawful; exception; nuisance declared. (a) Abandoned property. Florida Statute Chapter 705 is hereby adopted by reference in its entirety as if fully set forth herein. (1) Abandoned property on private property; procedures for removal thereof. a. Whenever the enforcement officer, Atlantic Beach police officer or Atlantic Beach code enforcement officer, shall ascertain that an article or articles of abandoned property are present on private property within the limits of Atlantic Beach in violation of any zoning ordinance or regulation, anti -litter ordinance or regula- tion, or other similar ordinance or regulation of Atlantic Beach, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN '111E ATTACHED D PROPER`1'Y. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improp- erly stored and is in violation of (set forth ordinance or regulation violated) and must be removed within ten (10) days or, if the property is a boat, thirty (30) days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Atlantic Beach. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (Set forth date of posting of notice). Signed: (Set forth name, title, address and telephone number of enforcement officer). Supp. No. 7 Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, and on or before the date of posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located as shown by the real estate tax record used by the City of Atlantic Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain 1224 TRAFFIC AND MOTOR VEHICLES § 21-25 the name and address of the owner and shall mail a copy of the notice to such owner. b. If at the end of ten (10) days (or if the property is a boat, thirty (30) days) after posting such notice, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the City of Atlantic Beach to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction is paid by the owner, in which case the salvage value may be deposited in the local government general fund. (b) Nuisance declared. To accumulate or store one (1) or more of such vehicles on public or private property shall constitute a nuisance detrimental to the health, safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of the vehicle, and the property upon which the vehicle is located to remove the vehicle from the city limits, or to have the vehicle housed in a building where it will not be visible from the street. (Ord. No. 75-82-3, § 9, 4-12-82; Ord. No. 75-85-4, § 1, 3-11-85; Ord. No. 75-88-7, § 1, 9-12-88) Cross reference—Nuisances, Ch. 12. Sec. 21-25. Removing and impounding. Members of the department of public safety of the city are hereby authorized to remove and shall cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage or other place of safety under circumstances enumerated in this article: (1) When a vehicle is left unattended: a. On a sidewalk; b. In front of a public or private driveway upon complaint; c. Within fifteen (15) feet of a fire hydrant; d. Within an intersection; e. On a crosswalk; or f. Alongside or opposite any street excavation or obstruction when stopping, stand- ing, or parking would obstruct traffic. Supp. No. 7 1224.1 UTILITIES § 22-169 Usage Classification ERC Factor Master -metered commercial, more than one unit on one meter $1.00 per unit Commercial 5.50 x ERC Factor Restaurants, laundries, and car wash connections 5.50 x ERC Factor as provided in (a) above. (Ord. No. 80-83-23, § I(Art. VIII, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85; Ord. No. 80-86-30, § 1, 3-24-86; Ord. No. 80-86-31, § 1, 6-23-86; Ord. No. 80-87-34, § 1, 6-22-87) Sec. 22-167. Schedule of wastewater volume charges. (al There is hereby established a uniform volume charge per one thousand (1,000) gallons of water as follows: (1) Single-family residential (2) Restaurants, laundries and car wash $0.39 per 1,000 gallons of actual water con- sumption up to a maximum of 50,000 gal- lons per quarter $1.50 per 1,000 gallons of actual water con - connections sumption (3) All other classifications $0.39 per 1,000 gallons of actual water con- sumption (b) The rates applicable to customers outside of the city shall be one and one-half times the rates above. (Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No. 80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord. No. 80-88-40, § 1, 6-13-88) Sec. 22-168. Review and changes of rates. The uniform rates and charges established by this division shall be reviewed annually, or as directed by the city commission, and any change of rates and charges shall be established by ordinance of the city commission after due public notification. Any rates and charges established as provided in this division shall be binding with the same force and effect as if incorporated in this section. (Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83) Sec. 22-169. Connection fees. Charges for providing and approving connections to the sewer system with installation performed by the city are as follows and shall be in addition to impact fees. All units Cost for labor and materials as provided in section 2-368 of the City Code. (Ord. No. 80-83-23, § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87) Supp. No. 7 1295 § 22-170 Sec. 22-170. Impact fees. ATLANTIC BEACH CODE The fee for providing facilities for new connections and capacity increases for growth shall be as follows: Residences, per unit $1,035.00 Commercial: Office buildings, per 100 square feet 40.00 Groceries, per 100 square feet 20.00 Retail shops, per restroom 1,260.00 Theatres, per seat 16.00 Restaurants, per seat 160.00 Service stations, per restroom 3,150.00 Car wash, per stall 3,150.00 Beauty shops/barber shops, per chair 630.00 Laundromats, per machine 790.00 Hotels/motels, per restroom 475.00 (Ord. No. 80-83-23, § I(Art. VIII, § 5), 6-27-83) Sec. 22-171. Payment of connection fees and impact fees. Payment of connection fees shall be due and payable prior to the issuance of a building permit. For existing buildings or structures, the city manager may allow payment of fees on an extended payment plan for up to five (5) years if the owner has demonstrated to the satisfaction of the city manager that the lump sum payment will constitute a hardship to the applicant. A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full, the lien shall he release of record. (Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83) Sec. 22-172. Disposition of impact fees. All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the wastewater system capital improvement account. The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83) Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges Supp. No. 7 1296 UTILITIES § 22-175 where water and/or garbage service is furnished other than through the city shall be com- puted as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83) Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after the thirtieth day from the billing date, dated on the bill, a penalty of five dollars ($5.00) shall be imposed and added to the bill. The city shall mail at that time a late notice to the user stating that if the bill remains unpaid for a period of ten (10) additional days, then the city shall discontinue the service. If the bill remains unpaid for a period of ten (10) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a turn-off and turn -on charge of fifteen dollars ($15.00). If, after discontinuation of services, the bill remains unpaid for an additional thirty (30) days, the city shall acquire a lien on the property being serviced which may be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76) Sec. 22-175. Sewer charges applicable if sewer available. The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner, tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83) Supp. No. 7 1297 ZONING AND SUBDIVISION REGULATIONS § 24-109 Sec. 24108, RMH residential mobile home districts. (a) Intent. The RMH districts are intended for development of lots for mobile homes locatBd in mobile home subdivisions or mobile home parks. The areas area not intended for permanent single-family structures. (b) Permitted uses. The uses permitted in these districts are mobile home parks or mobile home subdivisions. (c) Uses by exception. In these districts, the uses by exception area as follows: (1) Service families to meet only the requirements of the occupants of a mobile home park; minimum 75 spaces; (2) Government buildings and facilities. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: 4,000 square feet; mobile home parks and mobile home subdivisions must have a minimum site area of five (5) acres; (2) Lot width: 40 feet; (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum yard requirements in these districts are as follows: (1) Front yard: 20 feet; (2) Rear yard: 20 feet; (3) Side yard: 7.5 feet. (f) Building restrictions. The building restrictions in these districts are as follows: (1) Maximum lot coverage: none; (2) Maximum building height: 20 feet. (Ord. No. 90-82-74, § 2(III, F, 2), 7-26-82; Ord. No. 90-86-113, § 1, 1-12-87) Sec. 24-109. CPO commercial professional and offices. (a) Intent. The COP districts are intended as a district suitable for business and profes- sional offices and with design criteria which permit its use in close proximity to RS districts. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Medical and dental offices (but not clinic or hospital), chiropractor (but not masseur). (2) Professional offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist and similar uses. Supp. No. 7 1441 § 24-109 ATLANTIC BEACH CODE (3) Business offices such as real estate broker, insurance agent, stock broker and similar uses. (4) Single-family dwellings. All of the permitted uses in the CPO district are limited by the following conditions: (A) No retail sales, display or storage of merchandise shall be permitted. (B) No vehicles other than passenger automobiles or trucks of not more than three- quarters ton capacity shall be used. (C) No manufacture, repair or work of a mechanical nature of any kind shall be permit- ted and no machinery shall be used other than normal office equipment such as typewriters, calculators, computers, bookkeeping machines, etc. (c) Uses by exception. In these districts, the uses by exception are as follows: (1) Limited retail sales in conjunction with a permitted professional service being ren- dered at the time. (2) Medical or dental clinic, hospital, child care center, church. (3) Medical or dental laboratory; manufacture of prosthetic appliances, dentures, eyeglasses, hearing aids and similar products. (4) Low intensity service establishments such as barber or beauty shops, shoe repair, tailor or dress makers. (5) Banks and financial institutions without drive-in tellers. (6) Government buildings and facilities. (d) Minimum lot or site requirements. The minimum lot or site requirements in these districts are as follows: (1) Lot or site area: 7,500 square feet; (2) Lot width: 75 feet; (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum yard requirements in these districts are as follows: (1) Front: 20 feet; (2) Rear: 20 feet; (3) Side: 10 feet; (f) Building restrictions. The building restrictions in these districts are as follows: (1) Maximum lot coverage: none; Supp. No. 7 1442 ZONING AND SUBDIVISION REGULATIONS § 24-110 (2) Maximum building height: 35 feet. (Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-86-113, § 2, 1-12-87; Ord. No. 90-88-132, § 1, 7-25-88) Editor's note—Ord. No. 90-85-96, § 1, adopted October 14, 1985, repealed former § 24-111 in its entirety, renumbered former §§ 24-109 and 24-110 as §§ 24-110 and 24-111, and added a new § 24-109. Former § 24-111 was concerned with the C.I. commercial intensive district and derived from Ord. No. 90-82-74, § 2(III, F, 2), adopted July 26, 1982. Sec. 24-110. CL commercial limited district. (a) Intent. The CL Districts are intended for low intensity commercial uses and businesses and commercial offices which are suitable within close proximity to RS Districts, however, with regulation and oversite certain uses by exception within this district would be appro- priate. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry; but not sale of lumber, hardware or building materials or similar uses. (2) Art galleries, libraries, museums; (3) Medical and dental offices, but not clinics or hospitals; (4) Professional offices such as accountants, architects, attorneys, engineers, optome- trists and similar uses; (5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar uses; (6) Banks and financial institutions; (7) Convenience food stores but not supermarkets; (8) Apothecaries; (9) Government buildings and facilities. (c) Uses by exception. In these districts, uses by exception are as follows: (1) Those uses permitted in CG districts; (2) Medical or dental, clinics; (3) Child care centers; (4) Churches; (5) Limited wholesale operations; (6) Convenience food stores with retail sale of gasoline; (7) Contractor, not requiring outside storage; (8) Limited warehousing, not including mini warehouses; Supp. No. 7 1443 § 24-110 ATLANTIC BEACH CODE (9) Automotive/truck service garage (not including semi -tractor trailer repairs); (10) Restaurants. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in these districts are as follows: (1) Lot or site area: 5,000 square feet; (2) Lot width: 50 feet; (3) Lot depth: 100 feet. (e) Minimum yard requirements. The minimum yard requirements for these distri?ts are as follows: (1) Front yard: 20 feet. If buildings adjacent have provided a lesser front yard, front yard shall be the average of buildings on adjacent lots. Where lot is adjacent to RS and RG districts, front yard shall meet the requirements for such adjacent property; (2) Rear yard: 20 feet; (3) Side yard: 10 feet. (f) Building restrictions. The buildings restrictions for these districts are a3 cllov)-s: (1) Maximum lot coverage: none; (2) Maximum building height: 35 feet. (Ord. No, 90-82-74, § 2(II1, F, 2), 7-26-82; Ord. No. 90-85-96, § 1, 10-14-85; Ord. No. 90-85-98, § 1, 1-13-86; Ord. No. 90-86-113, § 2, 1-12-87; Ord. No. 90-88-134, § 1, 8-8-88) Src, 24:111. CG commercial general districts. (a) intent. The CG districts are intended to provide general retail sales and services for the city as a whole. These districts should have direct access to major thoroughfares and are well suited for development of community shopping centers. (b) Permitted uses. The uses permitted in these districts are as follows: (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, sundries, sundries and notions, books and stationery, luggage, jewelry, art, florist including silks, cam- eras, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materi- als, auto parts, and similar uses; (2) Service establishments such as barber or beauty shop, shoe repair, restaurant, gym- nasium, laundry or dry cleaner, funeral home, job printing, radio and television repairs, lawn care service, pest control companies, and similar uses; (3) Banks, loan companies, mortgage brokers, stockbrokers, and similar financial institutions; (4) Business and professional offices; (5) Retail plant nursery; Supp. No. 7 1444 ZONING AND SUBDIVISION REGULATIONS § 24-111 (6) Retail sale of beer and wine; (7) Auto service station, maintenance and minor repairs, car wash; (8) Theater; (9) Government buildings and facilities; (10) Produce markets (no outside sales); (11) Those uses permitted in Commercial Limited zoning; (c) Uses by exception. In these districts, .uses by exception are as follows: (1) Animal kennel; (2) Veterinarian. clinic; (3) Child care center; Supp. No. 7 1444.1 ZONING AND SUBDIVISION REGULATIONS § 24-188 (7) To ensure proper legal descriptions and monumenting of subdivided land; (8) To prevent or reduce the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the jurisdiction of the city in order to preserve the integrity, stability and beauty of the community and the natural value of the land; (9) To provide for open spaces and recreational areas through the most efficient design and layout of the land; (10) To guide the future growth and development of the city, in accordance with the comprehensive plan and article III of this chapter. (Ord. No. 90-82-74, § 2(IV, A, 1), 7-26-82) Sec. 24-187. Waiver. (a) General. Where the city commission finds that undue hardship to unreasonable prac- tical difficulties may result from strict compliance with this article, the city commission may approve a waiver to the requirements of this article if the waiver serves the public interest. (b) Conditions of waiver. An applicant seeking a waiver will submit to the city commis- sion a written request for the waiver stating the reasons for the waiver and the facts which support the waiver. The city commission shall not approve a waiver unless it determines as follows: (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the article is carried out; (2) The granting of the waiver will not be injurious to the other adjacent property; (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other prop- erty and do not result from actions of the applicant; (4) The waiver is consistent with the intent and purpose of article III of this chapter, the comprehensive plan and the requirements of this article. If the city commission approves a waiver, the city commission may attach such conditions to the waiver as will assure that the waiver will comply with the intent and purpose of this article. (Ord. No. 90-82-74, § 2(IV, A, 2), 7-26-82) Sec. 24-188. Resubdivision of land. (a) Procedure for resubdivision. For any change in a map of an approved or recorded subdivision plat, if the change affects any street layout shown on such a map, or any area reserved thereon for public use, or any lot line, or if it affects any map or plan legally Supp. No. 7 1465 § 24-188 ATLANTIC BEACH CODE established prior to the adoption of any regulations controlling subdivisions, the parcel shall be approved by the city commission by the same procedure, rules and regulations as for a subdivision. (b) Procedure for subdivisions where future resubdivision is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots containing more than one (1) acre of land and there are indications that the lots will eventually be resubdivided into small building sites, the city commission may require the allowance for future opening of streets and the ultimate extension of adjacent streets on that parcel of land. Easements providing for the future opening and extension of the streets may be made a requirement of the plat. (c) Combination or recombination of previously platted lots. No combination or recombina- tion of portions of previously platted lots is permitted when new parcels or residual po.reel smaller than any of the original lots are created, unless otherwise permitted under townhouse regulations, or, except on approval of the city commission, when the recombination of lots will reduce density otherwise permitted and further provided that the square footage of any such recombined lot shall not be less than five thousand (5,000) square feet. Upon approval of the city commission lots which fall under the definition of double frontage lots, except lots having frontage on the Atlantic Ocean, may be combined or recombined where residual parcels smaller than any of the original lots are created provided that after such division is accom- plished, the residual lots can meet the required lot area, lot width, and all required front, rear, and side yard setbacks. (Ord. No. 90-82-74, § 2(IV, A, 3), 7-26-82; Ord. No. 90-83-82, § 1, 12-12-83; Ord. No. 90-87-127, § 1, 1-11-88; Ord. No. 90-88-136, § 1, 10-24-88) Sec. 24-18". v acai,ion of plats. An applicant may apply for the vacation of any plat or any part of any plat at any time before the sale of any lot therein, by a written instrument, to which a copy of the plat shall be attached, requesting the same to be vacated. (Ord. No. 90-82-74, § 2(IV, A, 3), 7-26-82; Ord. No. 90-83-82, § 1, 12-12-83) Secs. 24190-24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk of the circuit court of the county or his representative for the purpose of recording the plat in the office of the clerk until the plat has been approved by the city commission under the provisions of this article and signed by the mayor. If an unapproved plat is recorded, it shall Supp. No. 7 1466 ZONING AND SUBDIVISION REGULATIONS § 24-202 be stricken from the public records upon the adoption of an appropriate resolution by the city commission. No changes, erasures, modifications or revisions shall be made in any plat, approval by the city commission without the consent of the city commission. (Ord. No. 90-82-74, § 2(IV, B, 1), 7-26-82) Sec. 24-202. Plat review procedure. There are three (3) stages of review for plat approval: the concept plan review, the preliminary plat review, and the final plat approval. The administrative official shall check each stage of review for consistency with the comprehensive plan and article III of this Supp. No. 7 1466.1 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) Supp. No. 7 1995 [The next page is 2043] STATUTORY REFERENCE TABLE F.S. Section F. S. Section Section this Code Section this Code Ch. 650 Ch. 2, Art. VI, Ch. 767 Ch. 3, Art. II(note) Div. 2(note) 4-26 2-241 768.28 Char., § 160 650.02 2-241 2-1(b)(1) 650.05 Ch. 2, Art. VI, 790.15 13-3 Div. 2(note) Ch. 791 Ch. 7(note) Ch. 705 Ch. 15, Art. II 806.13 6-111 (note) 22-57 21-24 Ch. 823 Ch. 12(note) 705.16 Ch. 2, Art. II(note) Ch. 828 4-5 Ch. 760 Ch. 9(note) 876.05 Char., § 168 760.20 Ch. 9, Art. II(note) 893.03 13-4 760.22 9-16 13-5 760.23 9-17 893.147 13-5 760.24 9-18 932.701 Ch. 15, Art. II 760.25 9-22 (note) 760.29 9-23 943.25(8Xa) 15-1 760.37 9-24 Supp. No. 7 2055 [The next page is 2081] CODE INDEX BEACHES—Cont'd. Section Motorized boats or other apparatus Operation of within 200 feet of beach 5-7 Operation of motorized apparatus within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 Parks, playgrounds and recreation. See also that subject Picnicking 5-3 Safety zone Barricade 5-18 Establishment; hours and periods of use 5-16 Use of vehicles and riding of animals prohibited 5-17 Sailboats Parking not to obstruct lifeguard activities 5-6 Surfboards 5-5 Undressing or changing clothes 5-2 Vehicles Safety zone Use of vehicles prohibited 5-17 BEAUTIFICATION Community development board Duties of board re beautification of city 14-20(7) BELLS Noise. See also that subject Ringing handbells, etc., in public places generally 11-2 BENEFITS OF EMPLOYEES. See: O1I'FICERS AND EMPLOYEES BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUCTURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; shooting, molesting, etc., birds 4-4 Br r1 S Dog bites, etc. 4-28, 4-29 BLOCKS Subdivisions Design and construction standards 24-254 BLOWERS OR POWER FANS Muffling of 11-7 BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOAT TRAILERS. See: RECREATIONAL VEHICLES BOATS Beach regulations Operation of motorized apparatus within 200 feet of beach .. 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 Supp. No. 7 2107 ATLANTIC BEACH CODE BOND ISSUES Section Certain ordinances saved from repeal 1-5 BONDS, BAIL Additional court costs assessed for police training Forfeited bail bonds 15-1. BONDS, BID Purchasing procedure, hid deposits or hid bonds 2-333 BONDS; MAINTENANCE Subdivisions, assurance for completion and maintenance of improvements 24-233 BONDS, PERFORMANCE Purchasing, bid procedure Performance and labor and material payment bonds 2--335(c) BONDS, PERSONAL Subdivision developers Personal bond with letter of credit 24-232(aX3) BONDS, SURETY Signs and advertising structures Bond requirements for certain signs 17-3 Subdivision developers, surety bond to be furnished 24-232(aX4) BOOKS Obscene matter prohibited 13-6 BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal 1-5 2-76 Director of finance's dutiee rn See also: FINANCES BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 See: CODE ENFORCEMENT BOARD 2-146 Swimming pool enclosures, roofed Compliance with building code 6-92 Wastewater system, building sewers- and connections Conformance with building code 22-106 Zoning regulations, construction within the districts Structures to comply with building code 24-66(b) Building official Flood hazard districts, enforcement of provisions t1-11 Numbering of buildings Duties of official 6-108 Trees, building official's jurisdiction and authority re 23-16, 23-17 Supp. No. 7 2108 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Credited service 2-272 Loss of credited service 2-273 Military service credit 2-275 Reinstatement of credited service 2-274 Death while in city employment 2-283, 2-284 Automatic pension to spouse and/or children 2-284 Elective survivor pension 2-283 Deferred retirement upon separation from employment (vesting) 2-278 Definitions 2-262 Disability retirement Continuation subject to re-examination; return to employment 2-280 General conditions for eligibility 2-279 Divisions 2-291 Errors 2-296 Expenses of administering system 2-292 Fraud, protection against 2-297 Insurance coverage for retirants and beneficiaries 2-293 Investment of retirement system assets 2-290 Level straight life pension, amount of 2-281 Member contributions 2-298 Membership generally 2-271 Method of making payments 2-294 Military service credit 2-275 Officers and employed services 2-270 Optional forms of pension payment 2-282 Reserve for employer contributions; city contribution 2-288; Reserve for retired benefit payments 2-287 Reserve for undistributed investment income 2-289 Subrogation rights 2-286 Undistributed investment income, reserve for 2-289 Voluntary retirement conditions 2-276 Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure 2-356 et seq. See: TRAVEL Waterworks system Right of access by city employees 22-21 Tapping of mains, etc., restricted to city employees 22-17 OFFICIAL MAP. See: MAPS OFF-STREET PARKING Zoning regulations 24-136 et seq. See: ZONING OIL, GREASE, ETC. Public sewers, use of Grease, oil and sand interceptors 22-132 Limitations on discharge concentrations or quantities 22-130 Prohibited discharges 22-129 Supp. No. 7 2135 ATLANTIC BEACH CODE OIL, GREASE, ETC.—Cont'd. Section Removal of spent oils or greases accumulated at garages, fill- ing stations, etc. 16-9 ORDINANCES Code of ordinances 1-1 et seq. See: CODE OF ORDINANCES OUTDOOR LIGHTS Signs and advertising structures Use of flashing, revolving or blinker -type outdoor lights .. 17-10 OWNER Defined 1-2 P PARADES AND PROCESSIONS Permits required for 21-2 PARKING Sailboats, parking of not to obstruct lifeguard activities at beaches 5-6 Stopping, standing and parking of vehicles 21-16 et seq. See: TRAFFIC Zoning regulations 24-136 et seq. See: ZONING PARKING LOTS Loitering in public places, etc 13-2 Water shortages Washing of parking lots 22-39(e) Zoning regulations 24-162 PARKS, PLAYGROUNDS AND RECREATION Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Beaches. See also that subject Definition of"public place" to include parks 1-2 Dogs and cats running at large 4-24 Garbage, trash, bottles, etc. Depositing in parks 16-5 Howell Park Use prohibited after dark 5-31 Loitering in parks 13-2 Obstructing passage through parks, etc 13-2 Zoning regulations Accessory uses by zoning district Tennis, basketball, etc., and other private recreation uses 24-151(bXl) PARTNERSHIPS Definition of "person" to include partnerships 1-2 PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. PEDESTRIAN EASEMENTS Subdivisions, design and construction standards 24-253(d) Supp. No. 7 2136 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 2-41 Powers and authority of deputies and chief 2-53 POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc. 22-72 POWER FANS Muffling of 11-7 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. 7 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 2-31 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 R 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. 7 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 RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Waterworks system Initial payment of minimum water rental 22-18 REPEAL OF ORDINANCES. See: CODE OF ORDINANCES 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. 7 2140.1