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Charter & Genl Ord 1969 thru Supp #8 10-79 Part 2 of 2-5- 31 to 74 seats 15-09 -$22.50 75 to 149 seats -22759- - 34.00 150 or more seats -39788- - 45.00 (b) take out service 7.59- - 15.00 Snack counters which maintain no seats or (c) Drive-in restaurants where customers are served while seated in vehicles, in addition to the fees specified in paragraph (a) above 15789- -22.50 in EXPRESS COMPANY 15..99- - 22.50 ELECTRIC APPLIANCES, retail (including repairs)- - - 7.59- - 15.00 FLORIST, cut flowers, plants, no landscaping 7.59- - 15.00 FRUIT -STABS 7.58- FRUIT-PEBBTLERS-{or-vegatable-er-bei) 7.59 - FURNITURE STORES 7.59- - 15.00 FUEL OTT, SERVICE (Including delivery) 25789- - 37.50 GARBAGE AND TRASH GOTJFCTORS 25.89- - 37.50 GAS, Fuel, bottled, tank or otherwise, dealers markets) GROCERIES, (Including 'Teat markets and fish appliances) HARMARE STORE (Not including heavy electric 25-99- - 37.50 7759- - 15.00 7.59- - 15.00 HOTELS (Including dining room), per room- .375 .560 (Minimum $3-.-75-$5.60. State license prerequisite) HOUSE MOVERS 199.98- -150.00 ICE CREAM, retail 7-59- - 15.00 ICE: Rete, i 1; --ihe1 ding e,cise-to-bease Reta?1;-ne-delivery zee -i nufaeiJarers;- --e1esale--- Iee, -deli e y -re E i s%de---- 25799- -7758- 59799- 19.09- -6 - INSURERS: (a) Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the Insurance Commissioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which tax shall be in the amount of one percent of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance policies, covering property within the coLporate limits of the City of Atlantic Beach. (b) Property insurance. There is hereby assessed, imposed and levied on every insurance coffipany, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the Insurance Commissioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which tax shall be in the amount of two percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the City of Atlantic Beach. (c) Date for payment. The license or excise taxes levied in (a) or (b) above shall be due and payable annually on the first day of March of each year hereafter. INTERIOR DECORATING AND SUPPLIES SHOP JLWET .FRS LAUNDERE ITE LAUNDRTFS, steam or otherwise, including right to solicit house to house, including dry cleaning LAUNDRY AGENT, including right to solicit house to house -25799- -$ 37.50 7759-- - 15.00 25.89- - -37.50 35.09- - -52.50 LIMON SUPPLY (Rental of linens) LUMBER YARDS MILK, ICE CREAM, retail MDIELS & ROOMING HOUSES, per rental unit 28.89- - -30.00 20.89- - -30.00 25.99- - -37.50 7.58- - -15.00 .375- - --560 (r;inimum $3-75- $5.60. State license prerequisite.) M3TION P I CTURE ESTAELISH FNT 38709- - -45.00 -7 - MUSIC SHOP (Including records, instruments, etc.) 759-- - $ 15.00 NEWSPAPER, MAGAZINE, PERIODICAL STAND OR AGENCY 759- - - 15.00 NOVELTY PEDDLERS 7.59 -- OIL & GASOLINE DEALERS, wholesale & retail- - - 59798- - - -75.00 OFFICE SUPPLY & EQUIPMENT, wholesale & retail- -25798 - - - 37.50 OPTICIANS, each 15798- - - -22.50 PARKING LOTS 25.99- - - -37.50 PEDDLERS;-house-to-heuse 25.. -08 -- PHOTOGRAPHERS, established place of business- -25799- - - - 37.50 PHOTOGRAPHERS, itinerant or not having permanently 25.99- - - 37.50 established place of business in city PHYSICIANS, SURGEONS, CHIROPRACTORS, OS1EOPATHS CHIROPODISTS, NATUROPATHS, DENTISTS, VETERINARIANS, and persons otherwise engaged in the occupation or profession of treating the aliments of man or beast 15798- - - - 22.50 42 S, animals PGPCERN-9R-PEANUTS 7.58 37.50 PLUMBING f SUPPLIES, retail 7.59- - 15.00 P9 b RY-& EGGS j -retail 7.59 PRESSING-SHGP 29-98 PRINTING SHOP 25.99- - 37.50 PRO SHOP, golf and tennis 25.99- - 37.50 RADIO, r i EVISION & ELECTRONIC SHOP (Including sales) 25..98- - 37.50 REPAIRMEN AND REPAIR SHOPS (Repairing household furnishings or household appliances) 25.-80- - - - 37.50 RIB- G-ACADE. FS--BR-��-�.:.,5-� horses) 25.99 RINKS (Skating, roller, anuse ent, including rental of skates & equiprh3nt for profit) SCAT:ES eig' _ng; eein of u ed 52-98- - - - 75.00 2.99 SCHOOLS: and kindergarten (a) Private, -8- including dancing, nursery (b) Trade or profession SECONDHAND MERCHANDISE, store, dealer SEED STORE, retail SHEET METAL SHOP SHOE REPAIR STORAGE WAREHOUSE SURF SHOP TAXICAB & BUS, First cab 19-90- -$15.00 37.50 Each additional cab 7..59- 15.00 7.59- 15.00 25.-99- 37.50 29.-90- 30.00 25.-90- 37.50 37.50 15.99 Each bus under 4000 pounds Each bus over 4000 pounds TELEPHONE COMPANY: First 1,000 phones or instruments=or thereof, per phone or instrument operated or installed Second 1,000 phones or instruments or thereof over 1,000, per phone or instrument operated or installed All over 2,000 phones or instruments, phone or instrument operated or installed TRAILER PARK OR TOURIST CAMP: 1 to 10 trailer spaces 10 to 20 trailer spaces fra&&io 5.00 29.-90 59.00 fraction per 20 or rrore trailer spaces TRUCK TRANSFER: Established place of business No established place of business, per UPHOLSERY SHOP WATER SOf,fENER 22.50 -7.50 30.00 75.00 7075- - -.075 .06 - - -.06 .045 - - .045 25799- - 37.50 35.99- - 52.50 59.99- - 75.00 25.99- 37.50 truck- - 10799- - 15.00 37.50 25.99- 37.50 ANY BUSINESS, PROFESSION OR OCCUPATION NOT LIS`T'ED ABOVE - 25799- - 37.50 -9 - Section 10-6. This Ordinance shall become effective October 1, 19B0. Passed by the City Commission on First Reading August 25, 1980 Passed by the City Commission on Second Reading August 25, 1980 Passed by the City Commission on Third & Final Reading September 8, 1980 Al LEST : Adelaide R. Tucker, City Clerk (SEAL) § 10-5 Licenses § 10-5 ANTIQUE SHOP $ 7.50 ATTORNEY, each 15.00 AUCTION HOUSE (Such business and fee to be granted on approval of the city commission) 50.00 AUTO DEALERS (Including storage) 25.00 AUTO: (a) Garages (including right to do cleaning, auto storage, repairs and service station) 35.00 (b) Service station, gas and oil service only, no repairs, etc. 15.00 (c) Service station (including right to do cleaning, auto storage, repairs, accessories, gas & oil services) 35.00 (d) Wrecker service 20.00 BAIL BONDSMAN BAKERIES: (a) Bakery shop with retail sales at one location and retail delivery permitted (b) Each bakery truck delivering products inside city from a plant operated outside city BARBERSHOP BEAUTY SHOP BILLIARDS & POOL BICYCLE RENTING, only BICYCLE SHOP, rental & repair BLACKSMITH OR WELDING SHOP (Including transient or mobile) BOOK AGENTS BOWLING ALLEYS, per alley BROKERS: (a) Money lenders negotiating small loans up to $600. 00 109 50. 00 7.50 25. 00 25.00 25. 00 20. 00 10. 00 15.00 25.00 25, 00 20. 00 200. 00 Supp. #3, 2-72 § 10-5 Atlantic Beach City Code § 10-5 (b) Stocks and bonds $ 25. 00 BUILDING & LOAN ASSOCIATIONS (Local concerns soliciting loans, etc. )- 25. 00 BUILDING SUPPLIES (Including sash, doors, windows, paints, retail, not hardware) 7. 50 CANDY MANUFACTURERS (Including right to sell retail or wholesale) - 25. 00 CARPENTER OR CABINET SHOP 10, 00 CEMENT OR ARTIFICIAL STONE (Mfgs.) 25. 00 CLOTHING (Men, women or children) 25. 00 CLUB, night 500.00 CLUB, private 50.00 CLUB, country 50.00 COAL AND WOOD 20. 00 COIN MACHINES; (a) Music or phonographs 15. 00 (b) Marble type and shuffleboards 15. 00 (n) Vending inne in.ns' fi''cc cccntc and 5. GO CONTRACTOR'S: (a) General. Each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains shall pay a license tax determined by the maximum number of persons actually employed, or to be employed during the license year, in the county and shall be at the following rates: For 1 to 10 For 11 to 20 For 21 to 30 For 31 to 40 For 41 to 50 For 51 to 100 110 4,50 9. 00 13.50 18. 00 22.50 75. 00 Supp. #3, 2-72 § 10-5 Licenses § 10-5 For 101 to 150 $112. 50 For 151 to 200 150. 00 187. 50 For 201 or more employees In determining the number of persons employed, all principals shall be deemed employees and be included in the calculation. (b) Electrical (c) Fences, metal (d) Landscaping or lot cleaning (e) Minor contractors (tile, painting, plasterers, floor sanding & waxing, all other miscellaneous small contractors) (f) Plumbing, including steam & hot water heating (g) Hot air heating, . sheet metal, air conditioning (h) Roofing and siding (i) Well diggers t (j) Septic tank, installation and repair (k) Crane service, steel erection CURIOS & NOVELTIES DANCE HALLS or any place of amusement where dancing is permitted, including establishments licensed under beverage laws of this state (except ballrooms at motels or hotels) DELICATESSEN DEPARTMENT STORES (Including 5 & 1(V stores) DEALERS: (a) Used cars, sales only (b) Secondhand merchandise DRY CLEANING PLANTS, right to go from door to door DRUGSTORES, including drugs, sundries & fountain 111 50. 00 20. 00 25. 00 20. 00 50. 00 25. 00 20. 00 20. 00 25. 00 25. 00 7.50 75. 00 7.50 7.50 7.50 7.50 20. 00 7.50 § 10-5 EATING PLACES; Atlantic Beach City Code § 10-5 (a) Restaurant, cafe, snack bar, dining room, drive-in eating establishment or other public eating place, whether operated in conjunction with some other line of business or not, except dining rooms in licensed public lodging establishments: 1 to 30 seats - $ 7.50 31 to 74 seats 15.00 75 to 149 seats 22.50 150 or more seats 30. 00 (b) Snack counters which maintain no seats or take-out service 7, 50 (c) Drive-in restaurants where customers are served while seated in vehicles, in addition to the fees specified in paragraph (a) above- 15.00 EXPRESS COMPANY 15.00 ELECTRIC APPLIANCES, retail (including repairs) 7.50 FLORIST, cut flowers, plants, no landscaping 7.50 FRUIT STANDS 7.50 FRUIT PEDDLERS (Or vegetables or both) 7.50 FURNITURE STORES 7.50 FUEL OIL SERVICE (Including delivery) - 25. 00 GARBAGE AND TRASH COLLECTORS 25.00 GAS, Fuel, bottled, tank or otherwise, dealers in 25.00 GROCERIES, (Including meat markets and fish markets) 7.50 HARDWARE STORE (Not including heavy electric appliances) 7.50 HOTELS (Including dining room), per room . 375 (Minimum $3. 75. State license prerequisite) HOUSE MOVERS ICE CREAM, retail ICE: 100. 00 7.50 (a) Retail, including house to house - 25.00 112 § 10-5 Licenses § 10-5 (b) Retail, no delivery $ 7.50 (c) Ice manufacturers, wholesale 50,00 (d) Ice, delivery for outside 10.00 INSURERS (a) Casualty risks. There is hereby assessed, im- posed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown . by the records of the Insurance Commissioner of the State of . Florida, an excise or license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which tax shall be in the amount of one percent of the gross amount of receipts of pre- miums from . policyholders on all . premiums collect- ed on casualty insurance policies, covering prop- erty within the corporate limits of the City of At- lantic Beach. (b) Property insurance, There is hereby assessed, im- posed and levied on every insurance company corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carryon the business of property insurance, as shown by the records of the Insurance Commis- sioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied by the City of Atlantic Beach, which tax shall be in the amount of two percent of the gross amount of receipts of premiums from policy- holders on all . premiums collected on property -in- surance . policies covering property within the cor- porate limits of the City of Atlantic Beach. (c) Date for payment, The license or excise taxes levied in (a) and (b) above shall be due and payable annually on the first day of March of each year hereafter. INTERIOR DECORATING AND SUPPLIES SHOP 25.00 JEWELERS 7.50 LAUNDERETTE 25.00 113 Supp. #5 , 12-74 § 10-5 Atlantic Beach City Code § 10-5 LAUNDRIES , steam or otherwise , including right to solicit house to house, including dry cleaning $ 35.00 LAUNDRY AGENT , including right to solicit house to house 20.00 LINEN SUPPLY (Rental of linens) 20.00 LUMBER YARDS 25.00 MILK, ICE CREAM, retail 7.50 MOTELS & ROOMING HOUSES , . per rental unit . 375 (Minimum $3.75. State license prerequisite. ) MOTION PICTURE ESTABLISHMENT 30.00 MUSIC SHOP (Including records , instruments , etc .) 7.50 NEWSPAPER, MAGAZINE, PERIODICAL STAND OR AGENCY 7.50 NOVELTY PEDDLERS 7.50 OIL & GASOLINE DEALERS , wholesale & retail 50.00 OFFICE SUPPLY & EQUIPMENT, wholesale & retail 25.00 OPTICIANS , each 15.00 PARKING LOTS 25.00 PEDDLERS , house to house 25.00 PHOTOGRAPHERS , established place of business 25.00 PHOTOGRAPHERS , itinerant or not having permanently es- tablished place of business in city 25,00 PHYSICIANS , SURGEONS , CHIROPRACTORS , OSTEOPATHS , CHIROPODISTS , NATUROPATHS , DENTISTS , VETERINARIANS , and persons otherwise engaged in the occupation or : profes- sion of treating the ailments of man or beast 15.00 POPCORN OR PEANUTS 7.50 PLUMBING SUPPLIES , retail 7.50 POULTRY & EGGS , retail 7.50 114 Supp . #5 , 12-74 § 10-5 Licenses § 10-5 PRESSING SHOP 20.00 PRINTING SHOP 25.00 PRO SHOP, golf 25.00 RADIO & TV REPAIR SHOP (Including sales) 25.00 REPAIRMEN AND REPAIR SHOPS (Repairing household fur- nishings or household appliances) RIDING ACADEMIES OR STABLES (Instruction or rental 25.00 horses) RINKS (Skating, roller, amusement, including rental of 50.00 skates & equipment for profit) . SCALES, weighing, coin-operated 2.00 SCHOOLS, private, including dancing, nursery & kinder- garten SECONDHAND MERCHANDISE, store, dealer 7.50 SEED STORE , retail 7.50 SHEET METAL SHOP 25.00 SHOE REPAIR 20.00 STORAGE WAREHOUSE 25.00 TAXICAB & BUS, First cab 15.00 Each additional cab 5.00 Each bus under 4000 pounds 20.00 Each bus over 4000 pounds 50.00 TELEPHONE COMPANY: First 1,000 phones or instruments or fraction thereof , 075 per phone or instrument operated or installed Second 1,000 phones or instruments or fraction thereof over 1,000 , per phone or instrument operated or in- , 06 stalled All over 2,000 phones or instruments , per phone or instrument operated or installed .045 115 Supp. #5, 12-74 § 10-5 Atlantic Beach City Code § 10-5 TRAILER PARK OR TOURIST CAMP: 1 to 10 trailer spaces $ 25.00 10 to 20 trailer spaces 35.00 20 or more trailer spaces t 50.00 TRUCK TRANSFER:. Established place of business 25.00 No established place of business, per truck 10.00 WATER SOFTENER 25.00 ANY BUSINESS, PROFESSION OR OCCUPATION NOT LISTED ABOVE 25.00 (Ord. No. 45-58-1, §§ 1, 3; Ord, No. 77-68-1, § 4; Ord. No. 45-71-2, § 1; Ord. No. 58-74-1, §§ 1, 2; Ord, No. 58-74-3, §§ 1, 2.) 116 Supp. #5, 12-74 ORDINANCE NO. 75-82-3 AN ORDINANCE REGULATING VEHICLES STOPPING, STANDING AND PARKING WHEREAS, it is the desire of the City Commission of the City of Atlantic Beach to regulate the stopping, standing and parking of motor vehicles, and WHEREAS, the adoption of these regulations is done to facilitate the health and welfare of the residents of the City of Atlantic Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH: Section 1. Manner of parking. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall be within 12" of the edge of the roadway, except as provided in the follow- ing paragraphs: (1) Angle parking upon a street which has been marked or signed for angle parking. The vehicle shall be parked at the angles of the curb indicated by such mark or sign; (2) Loading or unloading in a place where, and at hours when, stop- ping for the loading or unloading of merchandise or materials is permitted. A vehicle used for the transportation of merchandise or material may back into the curb to take on or discharge his load. Section 2. Stopping, standing and parking prohibited in specific, specified areas. (1) No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or a traffic control device in any of the following places; (a) On a sidewalk or in such manner that any part of such vehicle is protruding over a sidewalk or any part of the sidewalk area; (b) In front of a public driveway, or private driveway upon complaint; (c) Within 20 feet of an intersection where posted; (d) Within 15 feet of a fire hydrant; (e) On a cross -walk; (f) Within 20 feet of a cross -walk at an intersection, unless permitted to do so by a zone or devices established in such an area; (g) Along or opposite any street excavation or obstruction when such stopping, standing or parking could obstruct traffic, and any place where any official sign prohibits stopping or parking, and any parking place specifically designated and marked for the disabled unless such vehicle displays a parking permit as required by State law. Section 3. Parking so as not to obstruct traffic. (1) No person shall stop, stand or park a vehicle in a street in such a manner or under such conditions as to leave available less than 10 feet a width 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. Section 4. Parking prohibited in certain areas. (1) When a sign prohibiting parking is erected, no person shall park a vehicle in such a designated place. Section 5. Parking time limited on certain designated streets. (1) 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. Section 6. Parking for certain purposes prohibited. (1) 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; 2) washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency. Section 7. Parking of certain vehicles restricted. (1) No person shall stop, stand, or park a bus or commercial vehicle in excess of 18,500 G.V.W., or any combination thereof, or any component part thereof, except for the purpose of loading and unloading. (a) Upon any street or right of way (b) Upon any private property in a residential zone. (c) Component part shall include the tractor unit or trailer unit of tractor -trailer type truck. (2) No person shall stop, stand, or park a recreational vehicle, camper, travel trailer, equipment trailer, boat, or trailer, or commercial vehicle in excess of 10,000 G.V.W. upon any street or right of way. Section 8. Parking more than 72 hours prohibited. (1) No person shall park a motor vehicle on any street or right of way for a period of time in excess of 72 hours. Section 9. Abandoned, wrecked, junked vehicles on private or public property. (1) It shall be unlawful to park, store or leave or permit parking or storing of any licensed or unlicensed motor vehicle of any kind for a period of time in excess of 72 hours which is rusted, wrecked, junked, or partially dismantled, or inoperative, or abandoned condition, whether attended or not, upon any public or private property within the City limits, unless the same is completely enclosed within a building or unless it is in connection with a business enterprise lawfully situated and licensed for same. (2) Nuisance declared. (a) To accumulate or store one or more of such vehicles as herein- before defined on public or private property shall constitute a nuisance detri- mental to the health, safety and welfare of inhabitants of the City, and it shall be the duty of the registered owner of such vehicle, and it shall be the duty of the owner of the private property, or lessee, or other person in possession of private property upon which such vehicle is located to remove same from the City limits, or to have the same housed in a building where it will not be visible from the street. Section 10. Removing and impounding of illegally parked, abandoned, and disabled vehicles - authority of the Public Safety Department. (1) Members of the Public Safety Department 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 hereinafter enumerated: (a) When a vehicle is left unattended 1. On a sidewalk 2. In front of a public or private driveway upon complaint 3. Within 15 feet of a fire hydrant 4. Within an intersection 5. On a cross -walk 6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic (b) When any vehicle is left unattended at any place where official signs prohibit parking, stopping or standing (c) When any vehicle is left unattended upon any street or right of way for a period of time longer than 72 hours (d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are, by reasons of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal. (e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or such vehicle constitutes an obstruction to normal movement of traffic. Section 11. Towage and Storage Charges. (1) Any and all towage and storage charges reasonably due the operator of the garage or place where the vehicle removed under provisions of this code is stored shall constitute a lien against such vehicle. The operator of the garage or other place the vehicle is stored is hereby authorized to hold such vehicle until the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the such operator; provided, however, that in no event shall the City or any officer, employee or department of the City be liable for such charges and costs by reason of their enforcement of this section of the code. * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading February 22, 1982 Passed by the City Commission on Second Reading March 8, 1982 Passed by the City Commission on Third and Final Reading April 12 1982 (SEAL) ATTEST: Adelaide R. Tucker, City Clerk § 11-1 § 11-1. § 11-2. § 11-3. §•11-4. § 11-5. § 11-6. § 11-7. § 11-8. Motor Vehicles and Traffic § 11-2 CHAPTER 11. MOTOR VEHICLES AND TRAFFIC .1 Adoption of Florida Model Traffic Ordinance . Schedules of designated streets , districts and zones . Uniform traffic citations. Schedule of fines . Form of citation. Payment of parking fines . Presumption of motor vehicle ownership . Disposition of money collected as fines. Sec. 11-1 . Adoption of Florida Model Traffic Ordinance . For the purpose of regulating the movement of all vehicular, pedestrian and all other traffic within the city , there is hereby adopted chapter 186, Florida Statutes , known as the "Florida Model Traffic Ordinance , " and the whole there- of , except sections 186.38, 186.193 and 186.194; provided, that wherever the words "city manager" are used in the Model Traffic Ordinance hereby adopted, the same are hereby changed to read "director of public safety . ". Such Model Traffic Ordinance , with the exceptions noted aforesaid and as modified as afore- said, is hereby adopted and incorporated herein as fully as if set forth at length. (Ord. No. 75-58-1, § 1. ) Sec. 11-2 . Schedules of designated streets, districts and zones. The schedules of designated streets, districts and zones , referred to in the Florida Model Traffic Ordinance adopted by this chapter are hereby declared to be as follows: 1. For charter provision authorizing city to regulate and control streets, roads , etc. , see Char . , § 4(15). For state law as to regulation of traffic on highways , see Fla. Stats . , § 316.001 et seq. As to prohibition against use of vehicles on beach during certain periods , see § 5-6 of this Code. As to prohibitions against use of sirens , whistles , etc . , on vehicles , see § 12-4. As to prohibitions against signs constituting traffic hazards , see § 20-7. As to prohibition against signs which obstruct vision at intersections , view of traffic signs or signals or which cause confusion with traffic signs or signals , see § 20-8. As to streets and sidewalks generally , see ch. 22. As to per- mits for parades and processions , see § 22-2. As to taxicabs, see ch. 25. 117 Supp. #8, 10-79 § 11-2 Street Beach Avenue Seminole Road Mayport Road Atlantic Beach City Code § 11-2 Insert for Section 186. 194 SCHEDULE I. SPEED LIMITS. Speed Limit Time 15 MPH At all times 25 MPH At all times As established At all times from time to time by state road department SCHEDULE II. ONE-WAY STREETS AND ALLEYS. Street Direction of Traffic Plaza, north side, between East Coast Drive and Sherry Drive West Plaza, south side, between East Coast Drive and Sherry Drive East Selva Marina Drive, east side, from Seminole Road intersection north to city limits North Selva Marina Drive, west side, from Seminole road intersection north to city limits South Street SCHEDULE III. THROUGH STREETS. Portions Affected Mayport Road All Ocean Boulevard All East Coast Drive All Seminole Road All 118 Supp. #8, 10-79 § 11-3 Motor Vehicles and Traffic § 11-4 SCHEDULE IV. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS . Name of Street Portions Affected East side from Atlantic Boulevard north to Ahern Street Ocean Boulevard East Coast Drive Atlantic Boulevard north to llth Street SCHEDULE V. PARKING TIME LIMITED ON CERTAIN STREETS . Street or District Atlantic Boulevard, north side, from Ocean Boulevard west to East Coast Drive Time 30 Minutes Ocean Boulevard, west side, from Atlantic Boulevard north to Ahern Street 30 Minutes (Ord. No. 75-58-1, § 2; Ord. No. 75-67-2, § 1.) Sec. 11-3. Uniform traffic citations. The chief of the public safety department shall have exclusive control of and shall have printed uniform traffic citations which shall be pre -numbered and which shall be issued to the public safety officers. It shall be the duty of the public safety officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the public safety officer, with his signature affixed thereto, at the close of each day's work , with the chief of the public safety department. (Ord. No. 57-79-8.) Sec. 11-4 . Schedule of fines. There is established the following schedule of fines to be assessed in cases of parking violations occurring in the city: (a) Parking in prohibited area $5.00 (b) Parking at fire plug 5.00 119 Supp. #8, 10-79 § 11-5 Atlantic Beach City Code § 11-6 (c) Improper parking $3.00 (d) Parking double 5.00 (e) Obstructing traffic 5.00 (f) Obstructing driveway 5 00 (Ord. No. 57-79-8.) Sec. 11-5 , Form of citation, Citations for violation of parking ordinances shall: (a) Be in writing and in the name of the city; (b) Set forth substantially the nature of the offense and the number of the ordinance being violated; (c) State the date and time delivered; (d) Specify the license tag number of the vehicle causing the viola- tion as well as the person cited if delivered in person; (e) Command the owner or operator of the vehicle causing the violation to pay to the chief of the public safety department the applicable fine as estab- lished by section 11-4; (f) Be signed by the person issuing them. (Ord . No. 57-79-8.) Sec. 11-6. Payment of narking fines (a) The chief of the public safety department is authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto, in person at his office or by mail. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and a waiver of the right to a trail for purposes of this chapter . (b) There is imposed on each person charged with violation of a park- ing ordinance who fails to pay the parking fine within seven days an additional cost of two dollars. If the chief public safety officer has not received payment of a parking fine within seven days after the delivery of the citation or if the violator has paid by U . S . Mail, and his payment is not postmarked within seven days after delivery of the citation, the chief public safety officer shall give written notice to the person in whose name the license tag on the vehicle is registered, as the case may be , by U . S . Mail at his last known address, that a summons will be issued unless the parking fine and two dollars additional cost is paid within thirty days from the date of the violation. 120 Supp. #8, 10-79 § 11-7 Motor Vehicles and Traffic § 11-8 (c) The chief public safety officer shall have the discretion of reliev- ing the person named in the citation of paying the additional two dollars cost upon good cause being shown and documented by the chief public safety officer . (d) In the event the mailed notice cannot be delivered to the person named in the citation or if there is not available to the chief public safety offi- cer sufficient or available local information on out -of -county and out-of-state vehicles , the chief public safety officer shall , after diligent effort to locate such person, make the citation uncollectible and permanently file same (e) If the chief public safety officer has not received voluntary payment , of a parking fine within the above thirty day period, or if paid by mail, not postmarked within thirty days of the date of the original citation, he shall, based on the original citation, certify to the state attorney by affidavit the non- payment of the parking . fine within the thirty day period, who shall cause to have issued a summons commanding the person named in the citation or the person in whose named the license tag on the vehicle is registered, as the case may be , to appear before the county court at a designated place not less than seventy-two hours after the delivery of the summons , unless another time and place is ordered by the court . For the purposes of prosecution in the county court, the issuance of such summons shall constitute a docket entry . (Ord . No. 57-79-8.) Sec. 11-7 . Presumption of motor vehicle ownership . For purposes of violation of a parking ordinance of the city, the specifi- cation of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof , shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is regis- tered in the office of the appropriate agency of the state issuing the license tag. (Ord. No. 57-79-8.) Sec. 11-8 . Disposition of money collected as fines. All fines and costs collected in accordance with the terms of sections 11- 3 to 11-8 shall be paid forthwith to the city treasurer in a manner prescribed by the treasurer. (Ord. No. 57-79-8.) 120.1 Supp. #8, 10-79 § 12-1 Noise § 12-3 CHAPTER 12. NOISE. 1 § 12-1. Unnecessary noise generally prohibited. § 12-2. Use of noise -producing instruments outdoors on own premises. § 12-3. Noise in public places generally. § 12-4. Use of sirens, whistles, etc. , on vehicles prohibited. § 12-5. Regulations as to playing of musical instruments. § 12-6. Building operations at night. § 12-7. Muffling of blowers, power fans and engines. § 12-8. Permit required for use of loudspeaker for advertising purposes; hours when use of loudspeakers permitted. § 12-9. Noise by animals or birds. § 12-10. Noise interfering with schools, courts or churches. Sec. 12-1. Unnecessary noise generally prohibited. It shall be unlawful for any person to make, continue or cause to be made or con- tinued any unnecessary or unusual noise between the hours of 6:00 A. M. , and 8:00 P. M. , which either annoys, injures or endangers the comfort, repose, health or safety of others, or to make, continue or cause to be made or continued between the hours of 8:00 P. M. , and 6:00 A. M. , whether in the operation of any machine or the exercise of any trade or calling or otherwise, any noise which either annoys, injures or endan- gers the comfort, repose, health or safety of others, unless the making and continuing of the same is necessary for the protection or preservation of property or of the health, safety, life or limb of some person. (Ord. No. 34, § 1. ) Sec. 12-2. Use of noise -producing instruments outdoors on own premises. It shall be unlawful for any person to install, maintain, harbor or play, at a physical location in anywise outside of any building comprising the whole or any part of such person's residential, business or professional premises, any musical or noise - producing instrument or portion thereof whatsoever; provided, that such installation, maintenance, harboring or playing shall not, if in keeping with all other provisions of this chapter, be prohibited at such location if the aforesaid musical or noise -producing instrument is not allowed to face upon any public or private street, avenue or way with- in the city. (Ord. No. 34, § 2.) Sec. 12-3. Noise in public places generally. It shall be unlawful for any person to ring any hand bell, beat or strike any pan, pail or other like article, sound any gong or blow any whistle or horn, or other than 1. For law review comments as to regulation of sound am- plifiers by municipalities, see 2 Fla. L. Rev. 103 and 2 Fla. L. Rev. 257. 121 § 12-4 Atlantic Beach City Code § 12-7 musical instruments when used as part of a band of music, except to give necessary signals upon a motor vehicle, motorcycle, bicycle or similar vehicle, or to hawk, cry or callout the sale of goods at auction or otherwise, or to gain passengers for any cab, hack, taxi or other vehicle, or to make, aid, continue, encourage or assist in making any other or unusual noise upon any street or other public place or in close proximity thereto so as to be distinctly and loudly audible upon any such street or place in the city. (Ord. No. 34, § 3. ) Sec. 12-4. Use of sirens, whistles, etc. , on vehicles pro- hibited. It shall be unlawful for any person to carry or use upon any vehicle any gong, siren or whistle similar to that used on ambulances or vehicles of the police and fire departments. (Ord. No. 34, § 4. ) Sec. 12-5. Regulations as to playing of musical instruments. It shall be unlawful for any person using or performing upon any bugle, hand organ, barrel -organ, barrel-accordian, barrel -piano, hurdy-gurdy or other musical or wind instrument upon any street or other public place in the city to solicit, ask or request any money for such use or performance in any way, shape or manner, direct- ly or indirectly. No person shall use or perform upon such instruments in any street or public place before 9:00 A. M. nor after 6:00 P. M. , of any day, nor during any part of any Sunday, nor within a distance of two hundred fifty feet of any tenement or apartment house or dwelling when directed or requested by any occupant thereof to refrain or discontinue using or performing upon such instrument. (Ord. No. 34, § 5. ) Sec. 12-6. Building operations at night. It shall be unlawful for any person, in conducting any building operations between 7:00 P. M. and 7:00 A. IVI, , to operate or use any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is at- tended by loud or unusual noise, except by written permission of the city manager, and then only in case of emergency. (Ord. No. 34, § 7.) Sec, 12-7. Muffling of blowers, power fans and engines. It shall be unlawful to operate or cause to be operated any noise -creating blower or power fan or any internal combustion engine, the operation of which causes noises due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to dead- en such noises so that the same shall not cause annoyance to the public or disturb the rest and quiet of persons residing or occupying property near enough thereto to be an- noyed by the unmuffled blower, fan or exhaust of any such engine. (Ord. No. 34, § 8. ) 122 § 12-8 Noise § 12-10 Sec. 12-8. Permit required for use of loudspeaker for advertising purposes; hours when use of loud- speakers permitted. It shall be unlawful for any person to use or operate any public address or loud- speaker equipment for advertising or sales purposes in any street or public place before 4:00 P. M. or after 5:00 P. M. of any day. No such loudspeaker equipment shall be operated within the city without a written permit from the city manager to operate the same. (Ord. No. 34, § 9.) Sec. 12-9. Noise by animals or birds. It shall be unlawful for any person to keep or harbor any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity. Sec. 12-10. Noise interfering with schools, courts or churches. It shall be unlawful for any person to create any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in use, which unreasonably interferes with the workings of such institution; provided, that conspicuous signs shall be displayed in such streets indicating that the same is a school or court street. 123 ORDINANCE NO. 55-82-20 AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF ATLANTIC BEACH, TO PROHIBIT CERTAIN ACTS, OCCURRENCES AND CONDITIONS WHICH CONSTITUTE A NUISANCE Section 1. Section 13.1 through 13.5 are deleted in their entirety and amended hereto. Section 13.1 It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the City which constitutes a dangerous, unsafe, dilapidated or unsani- tary condition, which may be injurious to the health and well-being of the community. It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (a) For any person to cause or allow any animal carcus or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health. (b) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain in any street, alley or other public place, or in any house, building, premises, sewer, gutter, filth, garbage, noxious substance, or any waste paper, rags, or any rubbish of any kind. (c) For any person to allow, suffer, or permit any lot or premises common or place of any kind whatsoever to become neglected so as to become a detri- ment to public health by weeds growing thereon, or by depositing of rubbish of any kind which may be injurious to the health and well-being of the community. (d) To allow, suffer or permit any stagnant water to accumulate or stand upon the surface of the ground or upon or within any receptacle or structure deposited or erected, either above or below the ground, without exercising necessary precautions to prevent the propogation of mosquitos therein. (e) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens, rabbits and guinae pigs in any manner which may be injurious to the health and well being of any person due to noxious odors, noise, etc. (f) Any attraction which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, excavations, abandoned refrigera- tors and motor vehicles, or any structurally unsound fences or structures, or any lumber, debris or vegetation, which may prove a hazard for inquisitive minors. (g) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of such property for the open storage of any ahandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish, or similar items. (h) To allow, suffer or permit any building or structure which, by act of God, fire, decay or other cause which may become structurally dangerous, unsafe, dilapidated, unsanitary, or veLmin infested to create a hazard to the health or safety of the occupants or the public. Section 2. Contents and service of notice to remove, suppress, or abate prohibited act, occurence or condition. (a) Whatever it is made to appear to the City Manager after investigation that any acts, occurrences or conditions prohibited by Section 13.1 have happened or exist within the City, the City Manager may, by order in writing, direct any nuisance effecting the sanitary condition of the City or the public health of the City to be abated. Such order shall be served upon the owner or occupant or person having the care or custody of the particular property involved, if he is found upon such premises or within the City, or shall be delivered by mail, Return Receipt Requested. In any case where such owner, occupant or custodian cannot be found within the City, after reasonable and diligent inquiry, and whereby the mail is unable to be delivered, such order shall be posted in a conspicuous place upon such premises. The order shall be worded in the manner similar to the following: "Our records indicate that you are the owner(s) and/or occupant(s) of the following property in the City of Atlantic Beach, Florida: (Description of property) Investigation of this property dis- closes and I have found and determined that a public nuisance exists thereon so as to constitute a violation of Section 13.1 of the Code of the City of Atlantic Beach, and that (description of the conditions which place the property in violation). You are hereby notified that unless the condition above described is remedied within fifteen (15) days from the date hereof, the City will remedy this condition at a cost of the work plus a charge equal to 100% of the cost of the work to cover City adminis- trative expenses, which will be assessed the property owner or occupant. If not paid within thirty (30) days after receipt of billing, the invoice amount plus advertising costs, will be posted as a lien on the property. Within fifteen (15) days from the date hereof, you may make written request to the City Commission of the City of Atlantic Beach for a hearing before that body, for the purpose of showing that the above listed condition does not constitute a public nuisance. City of Atlantic Beach City Manager II (b) Within fifteen (15) days after the mailing, serving or posting of notice to him, the owner and/or occupant of the property may make written request to the City Commission for a hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the City and the property owner and/or occupant may introduce such evidence as deemed necessary. (c) If within fifteen (15) days after mailing, serving or posting of the notice, no hearing has been requested, and the condition described in the notice has not been remedied, the City Manager shall cause the condition to be remedied by the City at the expense of the property owner and/or occupant. If a hearing has been held and has concluded adversely to the property owner and/or occupant, the City Manager or his designee may cause the condition to be remedied by the City at the expense of the property owner and/or occupant unless the City Couuission otherwise directs. (d) After causing the condition to be remedied, the City Manager or his designee shall certify to the Finance Administrator the expense incurred in remedying the condition, whereupon such expense plus a charge equal to 100% of the expense to cover City administrative expenses, plus advertising cost, shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property which shall be payable with interest at the rate of 8% per annum from the date of such certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of the City of Atlantic Beach and may be satisfied at any time by payment there- of including accrued interest. Notice of such lien may be filed in the office of the City Clerk. Section 3. Penalty for violation of chapter; abatment. (a) Any person who violates any provision of this chapter shall, on conviction, be fined not less than $50.00 and not more than $1,000.00. If any such person shall continue a nuisance after being fined for the same, a new cause of action shall immediately accrue against such person, subjecting the offender to a like penalty as aforesaid. After the rendition of each fine, the continuance of such nuisance shall be deemed a new cause of action. Passed by the City Commission of First Reading February 22, 1982 Passed by the City Commission of Second Reading March 8, 1982 Passed by the City Commission of Third and Final Reading March 22,1982 ATTEST: (SEAL) ade,62,) Adelaide R. Tucker, City Clerk § 13-1 Nuisances § 13-2 CHAPTER 13. NUISANCES. 1 § 13-1. Certain acts, occurrences and conditions 'prohibited. § 13-2. Contents and service of notice to remove, suppress or abate prohibited act, occurrence or condition. § 13-3. Action by city commission following notice to remove, suppress or abate. § 13-4. Levy of special assessment against property for cost of work; costs constitute lien on land. § 13-5. Penalty in addition to other remedies. Sec. 13-1. Certain acts, occurrences and conditions pro- hibited. It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any of the following acts, occurrences or conditions within the city, the enumerations of which are merely indicative of the nature and type of acts, occurrences or conditions sought to be prohibited hereunder, and shall not be deemed to be exclusive: (a) To allow, suffer or permit any building or structure which, by act of God, fire decay or other cause, may become structurally dangerous, unsafe, dilapidated or unsanitary, to remain in such dangerous, unsafe, dilapidated or unsanitary con- dition without forthwith doing and performing all things necessary to cause such build- ing or structure to be reconstructed, restored, torn down or removed in conformity with applicable laws or regulations of the city which may now or hereafter be appli- cable in respect thereto. (b) To allow, suffer or permit any stagnant water to accumulate or stand upon the surface of the ground or upon or within any receptacle or structure deposited or erected either above or below the ground, without exercising necessary precaution to prevent the propagation of mosquitoes therein. (c) To neglect or fail to keep in a state of good repair any sidewalk, footway or foot pavement situated upon any public lands lying immediately adjacent to the abut- ting private property by the party owning, occupying or having the custody of such abutting premises. (Ord. No. 25-67-6, § 1.) Sec. 13-2. Contents and service of notice to remove, sup- press or abate, prohibited act, occurrence or condition. Whenever it is made to appear to the city manager, after investigation, that any of the acts, occurrences or conditions prohibited by section 13-1 have happened 1. For charter provision authorizing city to define, prevent and abate nuisances, see Char. , § 4(11). For state law authorizing city to prevent and abate nui- sances, see Fla. Stats. , § 167.05. 125 § 1.3---3 Atlantic Beach City Code § 13-3 or exist within the city, he shall forthwith prepare an estimate of the total cost of re- moving, suppressing or abating such prohibited act, occurrence or condition, and cause to be served upon the person owning, occupying or having the care or custody of any lot or parcel of land upon or in connection with which such prohibited act, oc- currence or condition exists or is maintained, a written notice to remove, suppress or abate the prohibited act, occurrence or condition involved within twenty days after service of such notice as hereinafter provided, which notice shall (1) describe the prohibited act, occurrence or condition in sufficient detail to plainly identify the same, (2) state the legal description of the property on which the same exists or is maintained, (3) state the estimated total cost which will, in the opinion of the city manager, cover the total cost of removing, suppressing or abating the same, (4) the proportion of such cost proposed to be borne by the city, if any, (5) the proportion of such estimated amount which shall be borne by the owner or occupant of the premises involved, (6) designate a time and place conforming to the first regularly scheduled meeting following expiration of such twenty day notice period at which the city com- mission shall meet to permit any owner, occupant of the premises involved or other interested person to present to the city commission any objections which he may have or assert to either the removal, suppression or abatement of such prohibited act, oc- currence or condition, or to the assessment of the cost as provided for in such notice, (7) state that unless such prohibited act, occurrence or condition has been effectively removed, suppressed or abated on or before the time of such meeting, the city com- mission may thereupon exercise its power to order the same forthwith removed, sup- pressed or abated in such manner as the city commission may, in its discretion, de- termine and assess the cost of so doing, or such proportion thereof as it may deem equitable or just, against the owner or occupant of the premises involved; provided, that such assessment shall in no event exceed the proportion of the estimated amount set forth in aforementioned notice to be borne by the owner or occupant of the prem- ises involved, and (8) state that any person owning or occupying any property so in- volved, or otherwise interested, who shall not at such meeting present in writing to the city commission his objections to the proposed removal, suppression or abatement or levy of special assessment to finance and defray the cost thereof, shall be deemed to have consented thereto. Such notice shall be served upon the owner, occupant or person having the care or custody of the particular property involved, if he is found upon such premises or within the city, and in case such owner, occupant or custodian cannot be found within the city after reasonable and diligent inquiry, such notice shall be posted in a conspicuous place upon such premises and a copy thereof mailed to the last known address of such owner, occupant or person having the care or custody of the land involved. (Ord. No. 25-67-6, § 2.) Sec. 13-3. Action by city commission following notice to remove, suppress or abate. If, at the time of the meeting specified in the notice provided for in section 13-2, the prohibited act, occurrence or condition has not been removed, suppressed or abated, the city commission after considering any written objections which may have been filed and accorded a full hearing to the owner, occupant or other interested per- sons, thereupon, determine and declare the necessity and propriety of enforcing the removal, suppression or abatement of the prohibited act, occurrence or condition re- ferred to in such notice, or revise, modify or abandon the proposed action set' forth 126 § 13-4 Nuisances § 13-5 in the aforesaid notice, in such manner as the city commission, in the exercise of its discretion, may deem the circumstances to warrant, but no such determination, revision or modification shall increase the amount set forth in the aforesaid notice to be specially assessed against the owner or occupant of the property involved. (Ord. No. 25-67-6, § 3.) Sec. 13-4. Levy of special assessment against property for cost of work; costs constitute lien on land. The city commission shall, as soon as practicable and within thirty days after the completion of any work as authorized pursuant to this chapter, ascertain and de- termine the actual cost thereof and the respective portions to be borne by the city, if any, and the owners or occupants of the property involved, and thereupon, by resolu- tion, fix, levy and impose a special assessment against the property involved at an amount not exceeding either the actual cost of the work or the estimated special as- sessment stated in the notice, which resolution shall specify (1) description of the work performed, (2) date of completion, (3) total cost, (4) the proportion of such cost to be financed and defrayed by special assessment, (5) the unit or basis for distribu- ting the amount to be specially assessed among the several parcels of property where more than one parcel is liable for assessment, (6) the fact that a lien has been assessed by the city with a complete schedule or breakdown of the specific amount of special as- sessment levied and imposed against and upon each respective particular parcel of property involved, showing in detail the description of the property, name of owner and amount of assessment as severally and respectively levied and imposed, (7) that such liens shall bear interest at rate of eight percent per annum unless paid within thirty days after publication of such resolution, (8) that the city clerk shall forthwith have prepared and entered in a lien book maintained in his office as an official record, the amount of such lien assessed against each parcel of property, the date of comple- tion of such work and such other information as may be deemed appropriate, (9) that the city clerk shall cause such resolution to be published by posting or publication in a newspaper, as required by law, (10) that the city shall have, assert and possess a lien, superior to all other claims, except taxes, against and upon the property as there- in described for the respective amounts of such special assessments as indicated above, together with interest and costs of collection, and (11) commanding the city treasurer to enforce collection thereof. (Ord. No. 25-67-6, § 4.) Sec. 13-5. Penalty in addition to other remedies. In addition to the remedy provided in this chapter for the removal, suppression or abatement of the acts, occurrences or conditions prohibited by section 13-1, any person, or in the case of a corporation, the officers thereof, who, after service of notice as provided by section 13-2, is convicted in municipal court of violating any of the provisions of section 13-1, shall be punished as provided in section 1-6. (Ord. No. 25-67-6, § 5.) 127 ORDINANCE NO. 95-82-25 AN ORDINANCE PROHIBITING THE USE OF SURF- BOARDS IN THE SURF ADJACENT TO THE BEACH UNLESS SUCH SURFBOARD IS FASTENED TO A TETHER WHEREAS, the City of Atlantic Beach is empowered to regulate the' activities of the beach within the corporate limits; and WHEREAS, the City Commission of the City of Atlantic Beach finds that it would be in the best interest of the health, welfare and safety of its residents of the City of Atlantic Beach to require that surfboards in the surf adjacent to the beach be fastened to a tether, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, as follows: Section 1. 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 such 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. Section 2. This ordinance shall become effective upon its final passage. Passed by the City Commission on First Reading March 8, 1982 Passed by the City Commission on Second Reading March 22, 1982 Passed by the City Commission on Third & Final Reading April 26, 1982 (SEAL) ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE NO: 95-81-23 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH ADOPTING THE COMPREHENSIVE PLAN FOR THE CITY OF ATLANTIC BEACH PURSUANT TO THE LOCAL GOVERN - ENT COMPREHENSIVE PLANNING ACT OF 1975; PROVIDING FOR THE MAINTENANCE OF COPIES OF THE COMPREHENSIVE PLAN FOR PUBLIC INSPECTION; PROVIDING FOR CODIFICA- TION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning Act of 1975, Section 163.3161 et seq. Florida Statutes, requires that each municipality in the State shall prepare and adopt a comprehensive plan of the type and in the manner as set out in that Act; and WHEREAS, the City of Atlantic Beach has prepared a comprehensive plan of the type and in the manner as set out in that Act, including public hearings with due public notice by the Advisory Planning Board of the City of Atlantic Beach in its capacity as the local planning agency for the City, and including advertised public hearings on the proposed comprehensive plan by the City Commission of Atlantic Beach; and WHEREAS, the City Commission of Atlantic Beach finds and declares that it is necessary and for a proper municipal purpose to adopt the comprehensive plan for the City; NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The comprehensive plan of the City of Atlantic Beach, entitled "City of Atlantic Beach Comprehensive Plan", a copy of which is attached hereto as Exhibit A to this ordinance and incorporated herein by reference, including the Comprehensive Plan Land Use Element Map, which is an integral part of the plan, is hereby adopted for the area of jurisdiction of the City of Atlantic Beach pursuant to the Local Government Comprehensive Planning Act of 1975. Section 2. Not less than one copy of the comprehensive plan, and any subsequent amendments thereto, shall be maintained for public inspection in the office of the City Clerk, and not less than one additional copy, and any subsequent amendments thereto, shall be maintained for public inspection in the office of the City Manager. Section 3. Sections 1 and 2 of this ordinance shall be codified in the City Code of Ordinances, but Exhibit A hereto shall be made available for public inspection as provided in Section 2. rather than by codification. Section 4. This ordinance shall take effect immediately upon adoption. Passed by the City Commission on first reading on May 25, 1981. 1. ORDINANCE NO: 95-81-23 cont'd Passed by the City Commission on second reading on May 251 , 1981• Passed by the City Commission on third and final reading on June 26, , 1981. ATTEST: CITY CLERK ORDINANCE NO. 95-81-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE LAST PARAGRAPH OF SECTION 2 OF ORDINANCE NO. 95-80-21 (CODES ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA) RELATING TO LEGAL SERVICES FOR THE CODES ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The last paragraph contained in Section 2 of Ordinance No. 95-80-21 shall be amended by deleting said paragraph's last two (2) sentences as follows: "An--attarney--eha?-1-be-a,.peneed-by-the-City-Ge fission co-tIttend-ftlI,eetings-of-the-Beard--and-te-assist-the Beard-in-the-eenduet-ef-Its-leer}ngs---An-atteffey empleyed-in-the-La -Depn=eat-e=-the-Gty;-er appointed-by-t:ie-Gity-Ce: }::sien-For-sueh--purpose, steal 1 " =-present-sll-ewes-te-tie-$eard. and inserting in lieu thereof the following: "The City Attorney shall either be counsel to the Codes Enforcement Board or shall represent the City by presenting cases before the Board; but in no case shall the City Attorney serve in both capacities. Each case before the Enforcement Board shall be presented by either the City Attorney or by a member of the adminis- trative staff of the municipality." SECTION 2. All ordinances or parts of ordinances in confict herewith are hereby repealed. its passage. SECTION 3. This ordinance shall take effect immediately upon Y�. 4. .. 4. `1. n .1. .. `4. .. 4. .. * .1. ..1. '4. `.3. '. `'.. '.L. .a. n n Passed by the City Commission on First Reading January 26, 1981 Passed by the City Commission on Second Reading January 26, 1981 Passed by the City Commission on Third and Final Reading February 9, 1981 . (SEAL) ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE NO. 95-80-20 FAIR HOUSING ORDINANCE AN ORDINANCE MAKING IT UNLAWFUL TO REFUSE TO SELL OR RENT A DWELLING TO ANY PERSON BECAUSE OF RACE, COLOR, SEX, RELIGION OR NATIONAL ORIGIN;. TO DISCRIMINATE FOR SUCH REASONS IN THE TERAS, CONDITIONS, OR PRIVILEGES OF SALE OR RENTAL OF THE SAME; TO PUBLICLY INDICATE ANY PREFERENCE ON ACCOUNT OF RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; TO REPRESENT FALSELY THAT A DWELLING IS NOT AVAILABLE FOR INSPECTION, SALE OR RENTAL FOR SUCH REASONS; TO MAKE ANY DISCRIMINATION FOR SUCH REASONS IN THE PROVISION OF BROKERAGE SERVICES; PROVIDING FOR EDUCATION AND CONCILIATION WITH RELATION TO COMPLIANCE AND ENFORCEMENT OF THIS ORDINANCE; MAKING EXCEPTIONS UNDER STATED CONDITIONS AS TO RELIGIOUS ORGANIZATIONS, ASSOCIATIONS AND SOCIETIES; DEFINING ITEMS USED IN THIS ORDINANCE AND PROVIDING PENALTIES FOR VIOLATIONS HEREOF; AND TO FIX THE EFFECTIVE DATE OF SUCH ORDINANCE. BE IT ORDAINED BY THE CITY OF ATLANTIC BEACH, FLORIDA, as follows: SECTION I. Definitions. Whenever used in this ordinance, the follow- ing words and terms shall have the following meanings unless the context necessarily requires otherwise: "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or _location of any such building. "Family" includes a single individual. "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trust, unincorporated organizations, trustees in bankruptcy, receivers, and fiduciaries. "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. SECTION II. Subject to the exceptions hereinafter set out it shall be unlawful for any person to do any of the following acts: (a) To refuse to sell or rent after the making of a bonafide offer to do so or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, sex, religion or national origin. (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, sex, religion or national origin. (c) To make print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation of dis- crimination based on race, color, sex, religion, or national origin. (d) To represent to any person because of race, color, sex, religion, or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, religion or national origin. SECTION III. Nothing in this ordinance shall prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex or national origin. SECTION IV. It shall be unlawful to deny any person access to or membership or participation in any multiple -listing service, real estate brokers organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, sex, religion, or national origin. SECTION V. The City Manager of Atlantic Beach, Florida, is authorized and directed to undertake such educational and conciliatory activities as in his judgment will further the purposes of this ordinance. He may call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions hereof and the Committee's suggested means of implementing it. The City Manager shall further endeavor, with the advice of the housing industry and other interested parties, to work out programs of voluntawry compliance and may advise appropriate city officials on matters of enforcement. The City Manager may issue reports on such conferences and consultation as it deems appropriate. SECTION VI. Any person who claims to have been injured by an act made unlawful by this ordinance or who claims that he will be injured by such an act, may file a complaint with the City Manager. A complaint shall be filed within 180 days after the alleged unlawful act occurred. Complaints shall be in writing and shall contain such information and be in such form as required by the City Manager. Upon receipt of a complaint, the City Manager shall promptly investigate it and shall complete its investigation within fifteen (15) days. If the City Manager finds reasonable cause to believe that a violation of this ordinance has occurred, or if a person charged with violation of this ordinance refused to furnish information to the City Manager, the City Manager may request the City Attorney to prosecute an action in a court or board of competent jurisdiction against the person charged in the Complaint. Such request shall be in writing. Upon receiving such written request and with the assistance of the aggrieved person and City Manager, within fifteen days after receiving such request the City Attorney shall be prepared to prosecute an action in the appropriate court or board of competent jurisdiction, provided a warrant is sworn out by the aggrieved person and served upon the person or persons charged with the offense. SECTION VII. Any person violating any provision of this ordinance shall be guilty of an offense and upon conviction shall pay a penalty of not more than $50 for each. SECTION VII. Nothing in this ordinance requires any person claiming to have been injured by an act made unlawful by this ordinance to exhaust the remedies provided herein; nor prevent any such person from seeking relief at any time under the Federal Civil Rights Acts or other applicable legal provisions. SECTION IX. Be it further enacted, that if any section or part of this ordinance for any reason be held unconstitutional or invalid, the same shall not affect the constitutionality or validity of the remaining parts or sections of this ordinance, but the same shall remain in full force and effect as if the unconstitutional or invalid part had been omitted. SECTION X. Effective date. This ordinance shall become effective iimediately upon its final passage. Passed by the City Commission on First Reading October 13, 1980 Passed by the City Commission on Second Reading October 13, 1980 Passed by the City Commission on Third and Final Reading November 10, 1980, (SEAL) ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE 95-80-19 AN ORDINANCE ADDING TO CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROHIBITING THE SELLING, DISPLAYING, FURNISHING, SUPPLYING, OR GIVING AWAY OF CER- TAIN PARAPHERNALIA DESIGNED TO FACILITATE THE UNLAWFUL USE OR ADMINISTRATION OF CONTROLLED SUBSTANCES. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. This ordinance shall be known as the paraphernalia ordinance of the City of Atlantic Beach. Section 2. The following words and phrases when used in this ordinance shall, for the purposes of this ordinance, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: (1) (2) (3) "Cocaine spoon": 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": Any drug or substance named or described in Schedules I-V of Chapter 893.03 as amended, commonly known as the Florida Comprehensive Drug Abuse Prevention and Control Act. "Marijuana or hashish pipe": 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. (4) "Paraphernalia": An 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. (5) "Person": An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association. Section 3. 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 Schedules I-V of Chapter 893.03 as amended, commonly known as the Florida Comprehensive Drug Abuse Prevention and Control Act. The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, 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. Section 4. A person who violates any provision or provisions of this ordinance, upon conviction, shall be punished with a fine not exceeding Five . Hundred ($500.00) Dollars, or imprisonment for a period not to exceed ninety (90) days, or both, in the discretion of the Court. Each day of the violation shall be considered a separate offense. Section 5. It is the legislative intent that all provisions and sections, clauses and sentences of the ordinance be liberally construed, and should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses or sentences, it being the intent that this ordinance shall stand notwithstanding the validity of any provision, section, clause or sentence. Section 6. All ordinances or parts of ordinances in conflict herewith be and the same are, to the extent of such conflict, hereby repealed. Section 7. Effective Date. This ordinance shall become effective Immediately upon its final passage. Passed by the City Commission on First Reading January 28? 1980 Passed by the City Commission on Second Reading February 11, 1980 Passed by the City Commission on Third & Final Reading February 25, 1980 (SEAL) ATTEST: Adelaide R. Tucker City Clerk ORDINANCE NO. 95-79-18 AN ORDINANCE REGULATING MINI -WAREHOUSES THE CONDUCT AND USE THEREOF: PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. INTENT AND PURPOSE The City Commission finding, and citizens' concern, that the occasional operation and use within and about the businesses commonly known as Mini -Warehouses; to be contrary to the protection and prornition of the public health, safety, morals and general welfare of the community. SECTION 2. The businesses commonly known as Mini -Warehouses shall be utilized for the sole purpose of storage of tangible personal property. SECTION 3. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed. SECTION 4. This ordinance shall become effective immediately on passage. Passed by the City Commission on first reading September 10 , 1979 Passed by the City Commission on second reading September 24, , 1979 Passed by the City Commission on third and final reading on October 8 , 1979. ATTEST: Al A DE R. IU ER City Clerk § 14-1 Offenses --Miscellaneous § 14-2.1 CHAPTER 14. OFFENSES --MISCELLANEOUS .1 § 14-1. Aircraft --Use of beach for landing and taking off prohibited. § 14-2. Same --Minimum altitude over city . § 14-2,1. Dishonored checks, § 14-3. Disorderly conduct . § 14-4. Indecent exposure—Prohibited. § 14-5. Same --Aiding, abetting or procuring. § 14-6. Same --Allowing use of premises , etc. , for prohibited acts. § 14-7. Loitering in, obstructing , etc. , streets , public places , etc. § 14-8. Malicious injury to public or religious buildings or property . § 14-9. Minors—Definitions. § 14-10. Same --Sale to child of material harmful to children prohibited. § 14-11. Same --Admission to or exhibition of show , motion pictures, etc. , harmful to children. § 14-12. Same --Delinquent children. § 14-13 . Obscenity --Participation in obscene shows, exhibitions, etc. § 14-13.1. Same --Distribution of obscene material. § 14-14. Questioning of persons in public places; dangerous weapons search. § 14-15. Registration, fingerprinting and photographing of taxicab drivers and persons employed in places of amusement or places selling alcoholic beverages for consumption on premises. § 14-16. State misdemeanors. § 14-17. Weapons --Discharge of firearms, air guns, etc. , prohibited. Sec. 14-1. Aircraft --Use of beach for landing and taking off prohibited. It shall be unlawful for any person to start, take off or land an airplane or any heavier-than-air craft on the ocean beach within the city , or to use the ocean beach as a landing field for any such airplane or heavier-than-air craft . (Ord. No. 22, § 1.) Sec. 14-2. Same --Minimum altitude over city. It shall be unlawful for any person to fly an airplane or any heavier-than- air craft over any portion of the city at an altitude of less than one thousand feet (Ord. No. 22, § 2.) Sec. 14-2.1. Dishonored checks. The city treasury shall add a five dollar service fee to the amount due on any check, draft or other order for the payment of money in payment of any li- censes, fees, taxes, utility charges , commissions or charges of any sort autho- 1. As to noise, see ch. 12 of this Code. As to nuisances , see ch. 13. 129 Supp . #6, 12-76 § 14-3 Atlantic Beach City Code § 14-3 rized to be made under the laws of the state and this Code or other ordinances of the city and deposited in the city treasury as provided by law , which may be returned unpaid for any reason by the bank or other payor upon which such check shall have been drawn. The service fee of five dollars for the collection of a dishonored check, draft or other order for the payment of money to the city shall be in addition to all other penalties , remedies and circumstances imposed by law. (Ord. No. 5-75-4, § 1.) Sec. 14-3 . Disorderly conduct. (a) Any person who shall do or engage in any of the following shall be guilty of disorderly conduct: (1) Any person who shall act in a violent or tumultuous manner toward another , whereby any person is placed in fear of safety of his life, limb or health. (2) Any person who shall act in a violent or tumultuous manner to- ward another , whereby public property or property of any other person is placed in danger of being destroyed or damaged. (3) Any person who shall endanger lawful pursuits of another by acts of violence , angry threats and abusive conduct . (4) Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life , limb, health or property of another or public property . (5) Any person who shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl. (6) Any person who shall be found jostling or roughly crowding or pushing any person in any public place. (7) Any person who shall collect in bodies or in crowds for unlawful purposes, (8) Any person who shall assemble or congregate with another or others for the purpose of or with the intent to engage in gaming. (9) Any person who shall frequent any public place with intent to obtain money from another by an illegal and fraudulent scheme, trick , artifice or device. (10) Any person who assembles with another or others for the purpose of engaging in any fraudulent scheme, device or trick to obtain any valuable thing in any place or from any person in the city , or who shall aid or abet therein. (11) Any person who utters, while in a state of anger, in the presence of another , any lewd or obscene words or epithets. 130 Supp. #6, 12-76 § 14-3 Offenses --Miscellaneous § 14-3 (12) Any person who frequents any place where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is practiced, allowed or tolerated. (13) Any person who shall act in a dangerous manner toward others . (14) Any person who shall use "fighting words" directed towards any person who becomes outraged and thus creates turmoil. (15) Any person who shall assemble or congregate with another or others for the purpose of doing bodily harm to another. (16) Any person who shall, by acts of violence, interfere with another's pursuit of a lawful occupation. (17) Any person who shall congregate with another or others in or on any public 130.1 Supp. #6, 12-76 § 14-4 Offenses --Miscellaneous § 14-7 way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other person having authority. (18) Any person who makes any unreasonably loud and unnecessary noise. (19) Any person who damages, befouls or disturbs public property or the prop- erty of another so as to create a hazardous, unhealthy or physically offensive condi- tion. (b) Any person convicted of disorderly conduct, as defined in this section, shall be punished as provided in section 1-6. Sec. 14-4. Indecent exposure --Prohibited. 2 It shall be unlawful for any person, in any public place or private place to which the public is invited, to wilfully expose his or her person or private parts thereof, including in the case of any female person above the age of twelve years the wilful ex- posure in any such place of her bosom or breasts, in the presence of one or more per- sons of the opposite sex. (Ord. No. 95-67-8, § 1. ) Sec. 14-5. Same --Aiding, abetting or procuring. It shall be unlawful for any person to aid or abet or to procure another to commit any act made unlawful by section 14-4. (Ord. No. 95-67-8, § 2.) Sec. 14-6. Same --Allowing use of premises, etc. , for pro- hibited acts. It shall be unlawful for any person to permit the land, buildings or premises of which he is owner, lessee or tenant to be used for the commission of any act made unlawful by section 14-4 or section 14-5 or for any immoral purpose. (Ord. No. 95- 67-8, § 4.) Sec. 14-7. Loitering in, obstructing, etc. , streets, public places, etc. (a) No person shall loiter, lounge or sleep in or upon any street, park or public place or in any public building, or obstruct the access to any public building or any part thereof, or obstruct passage through or upon any public street, park or public place. (b) For the purposes of this section, the term "loiter" shall encompass, but shall not necessarily be limited to, one or more of the following acts: 2. For state law as to indecent exposure, see Fla. Stats. , § 800. 03. As to undressing or changing clothes on beach, see § 5-2 of this Code. 131 § 14-8 Atlantic Beach City Code § 14-8 (1) Obstruction of the free, unhampered passage of pedestrians or vehicles. (2) Obstructing, molesting or interfering with any person lawfully upon any street, park or other public place. (3) Remaining idle in essentially one location without being able to establish having a legitimate business or purpose in so remaining idle, or, by general conduct, exhibiting the absence of a lawful purpose in so remaining idle. (4) Conduct involving the concept of standing idly by, loafing, walking about aimlessly without purpose and including the colloquial expression of "hanging around. " (5) Refusing to move on when so requested by a peace officer, provided the peace officer has exercised his discretion reasonably under the circumstances in order to preserve or promote public peace and order, (c) For the purpose of this section, the term "other public place" shall be deemed to include the quasi -public area in front of or adjacent to any store, shop, restaurant, luncheonette or other place of business, and shall also include any parking lot or other vacant private property not owned or under the dominion of the person charged with a violation of this section. Sec. 14-8. Malicious injury to public or religious buildings or property. 3 (a) No person shall do any of the following acts: (1) Wilfully destroy, defile, deface or otherwise injure any public building or property or part thereof or appurtenance thereto. (2) Wilfully destroy, defile, deface or otherwise injure any building or struc- ture used or designed for use as a place of religious worship or instruction or any part thereof or appurtenance thereto, or any book, religious vestment, furniture, or- nament, musical instrument, article of silver or plated ware or other chattel or prop- erty kept therein. (3) Brand, write, mark or paint any sign, letters or characters of an ob- scene or disparaging nature on any public building or monument or upon any building or structure used or designed for use as a place of religious worship or instruction or upon any part of such buildings, whether such part is interior or exterior. (4) Attempt to commit any acts prohibited by this section. (b) The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, 3. For state law as to malicious injury to buildings and struc- tures, see Fla. Stats. , §§ 822, 01 to 822. 23. 132 § 14-9 Offenses --Miscellaneous § 14-9 by a person apprehended upon public property, in a public building or upon the grounds of any building or structure used or designed to be used as a place of religious wor- ship or instruction shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Sec. 14-9. Minors --Definitions. For the purposes of sections 14-10 to 14-12, the following words and phrases shall have the meanings respectively ascribed to them by this section: Child. Such term shall have the same meaning as that set out in section 39. 01, Florida Statutes. Harmful to children. That quality of any description or representation, in what- ever form, of nudity, sexual conduct, sexual excitement or sado=masochistic abuse, when it: (1) Predominantly appeals to the prurient, shameful or morbid interest of children; and (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and (3) Is utterly without redeeming social importance for children. Knowingly. Having general knowledge of, or reason to know, or a belief or ground for belief, which warrants further inspection or inquiry of both: (1) The character and content of any materials described herein which is reasonably susceptible of examination by the defendant; and (2) The age of the child; provided, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such child. Nudity. The showing of human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. Sado-masochistic abuse. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. Sexual conduct. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast. 133 § 14-10 Atlantic Beach City Code § 14-13 Sexual excitement. The condition of human male or femal genitals when in a state of sexual stimulation or arousal. (Ord. No. 95-68-11, § 1.) Sec. 14-10. Same --Sale to child of material harmful to children prohibited. It shall be unlawful for any person knowingly to permit, give or sell or loan for monetary consideration to a child: (a) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to children; or (b) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subsection (a) of this sec- tion, or explicit and detailed verbal descriptions or narrative accounts of sexual ex- citement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmfulto children. (Ord. No. 95-68-11, § 2. ) Sec. 14-11. Same --Admission to or exhibition of show, motion picture, etc. harmful to children. It shall be unlawful for any person knowingly to exhibit for a child, or knowingly to admit a child to premises whereon there is exhibited, a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado- masochistic abuse and which is harmful to children. (Ord. No. 95-68-11, § 3.) Sec. 14-12 Sa m e --De in ue nt children. A child is to be considered a delinquent child, as defined in section 39. 01, Flori- da Statutes, who purchases, possesses or views any picture, photograph, drawing, sculpture, motion picture film or similar visual representation, motion picture, show or other presentation, or any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, as defined in section 14-10 or section 14-11. Any child in violation hereof shall be referred to the juvenile court authorities of Duval County, Florida. (Ord. No. 95-68-11, § 4.) Sec. 14-13. Obscenity --Participation in obscene shows, exhibitions, etc.4 It shall be unlawful for any person to take part in any obscene or immoral show, exhibition or performance where indecent, obscene, immoral or lewd dances or plays are conducted in any public or private place to which the public is invited. (Ord. No. 95-67-8, § 3.) 4. As to prohibition against obscene signs, see § 20-9 of this Code. 134 § 14-13.1 Offenses --Miscellaneous § 14-13.1 Sec. 14-13 . 1 . Same --Distribution of obscene material ,4a (a) It shall be unlawful for any person to knowingly send or cause to be sent, bring or cause to be brought, into this municipality for sale or distri- bution, or in this municipality prepare, publish, print, exhibit, distribute or offer to distribute , or have in his possession with intent to distribute or to exhibit or offer to distribute , or advertise for exhibition, or display any obscene matter. (b) For purposes of this section the following definitions shall apply: Distribute . The transfer of possession, whether with or without considera- tion. 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 indi- viduals . Obscene. To the average person, applying contemporary standards , the predominant appeal of the matter , taken as a whole , is to prurient interest , i.e. , a shameful or morbid interest in nudity , sex, or excretion, which goes substan- tially beyond customary limits of 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 . Person. Any individual, partnership , firm , association , corporation or other legal entity. (Ord. No. 95-70-12, § 1; Ord. No. 95-77-17, § 2.) 4a. For state law as to distribution , etc. , of obscene material, see Fla. Stats. , § 847.011. 134.1 Supp . #7, 5-78 § 14-14 Offenses --Miscellaneous § 14-16 Sec. 14-14. Questioning of persons in public places; dan- gerous weapons search. (a) A police officer may stop any person abroad in a public place whom he has probable cause to believe may be committing, may have committed or about to com- mit a felony, and may demand of him his name, address and an explanation of his ac- tions. (b) When a police officer has stopped a person for questioning pursuant to this section and when such police officer has probable cause to believe he is in danger of life or limb, he may search such person for a dangerous weapon. If the police officer finds such a weapon, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either re- turn it, if lawfully possessed, or arrest such person. Sec. 14-15. Registration, fingerprinting and photographing of taxicab drivers and persons employed in places of amusement or places selling alco- holic beverages for consumption on premises. Every person employed in any place handling liquor, beer or wine in any form for consumption on the premises or places of amusement, and all drivers of taxicabs, the owners of which hold certificates of convenience and necessity to operate in the city, are required to register within forty-eight hours from the time of their employ- ment in a book of registration to be kept by the chief of police, and to be also finger- printed and photographed by the chief of police. Upon registration, as required by this section, identification cards shall be issued to each person so registered, unless it is found that the person so registered has been convicted of a crime involving moral turpitude, and such identification card shall be carried on the person obtaining the same at all times while engaged in such employment. In the event such registration card shall be lost or cannot be produced upon reasonable notice, such person shall promptly reregister and secure a new card from the chief of police. (Ord. No. 95-67-9, §§ 1, 2. ) Sec. 14-16. State misdemeanors. 5 It shall be unlawful for any person to commit within the city any act which is or shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby prohibited. (Ord. No. 173, § 1.) 5. Municipalities have authority to make unlawful within their boundaries those acts which are misdemeanors under state law, Orr. v. Quigg, 135 Fla. 653, 180 So. 726. Adoption of state misdemeanors includes existing as well as future laws enacted by the state legislature. State v. Smith, 189 So. 2nd 846. 135 § 14-17 Atlantic Beach City Code § 14-17 Sec. 14-17. Weapons --Discharge of firearms, air guns, etc. prohibited. It shall be unlawful to discharge any firearm or any loaded air gun, air rifle, air pistol or similar device within the city. (Ord. No. 122, § 1.) 136 Parks and Recreation CHAPTER 15. PARKS AND RECREATION. 1 (Reserved for Future Legislation) 1. As to beaches, see ch. 5 of this Code. § 16-1 § 16-1. § 16-2. § 16-3. § 16-4. § 16-5. § 16-6. § 16-7. § 16-8. § 16-9. § 16-10. § 16-11. § 16-12. § 16-13. § 16-14. § 16-15. § 16-16. Personnel CHAPTER 16. PERSONNEL.1 Article I, Personnel Policy. Personnel program --Adoption. Same -=Amendments. Promotion to higher grade pay levels. Article II. Social Security. § 16-2 Statement of policy. Execution of agreements by mayor -commissioner. Withholdings from wages. Appropriations and payment of contributions by city. Records and reports. Exclusions. Acceptance of Social Security Act. Designation of custodian of funds and withholding and reporting agent. Article III. Annuities. General fund to include payment of annuities. Qualifications of employees. Minimum monthly payment. Payment effective upon employee retirement. Cessation of payment upon death of employee. Article I. Personnel Policy. 2 Sec. 16-1. Personnel program --Adoption. "A Personnel Program for the Municipal Service of Atlantic Beach, Florida," dated December 5, 1960, with positions described and classified, is approved and adopted by the city commission as an orderly procedure for the employment, re- tention, advancement, disciplining and termination of employees by the appointing authority of the city. (Ord. No. 50-61-1, § 1.) Sec. 16-2. Same --Amendments. The personnel rules and regulations adopted by section 16-1 are amended as follows: 1. For charter provision authorizing city to partment of personnel, see Char. , § 7 2. For charter provision authorizing city to form system of employment practices, 4(18). establish a de - 7. establish a uni- see Char. , § 139 Supp. #1, 5-70 § 16-3 Atlantic Beach City Code § 16-4 (a) Sections 5. 1 and 5. 2 are amended to show the following holidays and such others as the mayor -commissioner may fix as holidays with pay for all regular em- ployees in the municipal service: New Years Labor Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving 4th of July Christmas Holidays falling on a Saturday or Sunday will be recognized on the Friday pre- ceding or Monday following respectively. (b) Fire Chief (056) "MINIMUM TRAINING AND EXPERIENCE" is amended to read: "Graduation from a standard high school and ten years of progressively respon- sible fire -fighting experience including some supervisory experience. The require- ment of training and experience may be modified or waived at the sole discretion of the city commission. " (c) Police Chief (046) "MINIMUM TRAINING AND EXPERIENCE" is amended to read: "Graduation from high school and other courses in police functions and adminis- tration and ten years of progressively responsible experience in a variety of police functions including supervisory police duties. The requirement of training and ex- perience may be modified or waived at the sole discretion of the city commission. " (Ord. No. 50-65-3, H § 3 to 5.) 1G-3. r'_'iouio.ion Lo higher grade levels. Employees shall be eligible for promotion to higher grade pay levels upon the recommendation of department heads, with the concurrence of the city manager. (Ord. No. 50-68-7, § 2.) Article II. Social Security. Sec. 16-4. Statement of policy. It is hereby declared to be the policy and purpose of the city to extend, effective as of January 1, 1951, to the employees and officials of the city not excluded by law, and whether employed in connection with a governmental or proprietary function, the benefits of the system of Old Age and Survivor's Insurance, as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 of 81st Congress, and by Chapter 26841, Florida Statutes, 1951; and to cover by such plan all services which constitute employment as defined in section 2 of Chapter 26841, Laws of Florida, 1951, performed in the employ of the city by employees thereof. In pursuance of such policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations. (Ord. No. 143, § 1.) 140 Supp. #1, 5-70 § 16-5 Personnel § 16-10 Sec. 16-5. Execution of agreements by mayor -commissioner. The mayor -commissioner is hereby authorized and directed to execute all neces- sary agreements and amendments thereto with the chairman of the Florida Industrial Commission as the state agency for the state or his authorized representative for the purpose of extending the benefits provided by the system of Old Age and Surviovor's Insurance to the employees and officials of this city, as provided in section 16-4, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient ad- ministration thereof, and shall be effective with respect to services in employment covered by such agreement performed after December 31, 1950. (Ord. No. 143, § 2.) Sec. 16-6. Withholdings from wages. Withholdings from salaries, wages or other compensation of employees and of- ficials for the purpose provided in section 16-4 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency desig- nated by such laws or regulations to receive such amounts. (Ord. No. 143, § 3.) Sec. 16-7. Appropriations and payment of contributions by city. There shall be appropriated from available funds, derived from such amounts, at such times, as may be required to pay promptly the contributions required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner pro- vided by law and regulations. (Ord. No. 143, § 4.) Sec. 16-8. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and reg- ulations of the state agency for the enforcement of such laws and regulations. (Ord. No. 143, § 5.) Sec. 16-9. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Ord. No. 143, § 6.) Sec. 16-10. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, ben- efits, privileges and other conditions thereunto appertaining of Title II of the Social Security Act, as amended by Public Law No. 734, 81st. Congress, for and on behalf 141 Supp. #1, 5-70 § 16-11 Atlantic Beach City Code § 16-15 of all the officers and employees thereof and of its departments and agencies, save and except any of such officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or em- ployee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations. (Ord. No. 143, § 7.) Sec. 16-11. Designation of custodian of funds and withhold- ing and reporting agent. The city treasurer is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the con- tribution of the city and the city treasurer is hereby made the withholding and report- ing agent and charged with the duty of maintaining personnel records for the purposes of this article. (Ord. No. 143, § 8.) Article III. Annuities. Sec. 16-12. General fund to include payment of annuities. The general fund of the city shall be so set up as to include payment of annuities to city employees who meet the qualifications of section 16-13. (Ord. No. 42-69-1, § 1.) Sec. 16-13. Qualifications of employees. Annuities shall be paid to city employees who meet the following qualifications: (a) Have attained the age of sixty-five. (b) Have been an employee of the city (except tor active military service in the armed forces of the United States during times of national emergencies) for a con- tinuous period of at least twenty-five years. (c) The annuity shall be payable to employees of the city who are not covered by any other pension plan of the city. (Ord. No. 42-69-1, § 2.) Sec. 16-14. Minimum monthly payment. The annuity shall provide for a minimum monthly payment of one hundred dollars, the exact amount to be at the discretion of the city commission. (Ord. No. 42-69-1, § 3.) Sec. 16-15. Payment effective upon employee retirement. The payment of this annuity shall only be effective upon the retirement of the city employee. (Ord. No. 42-69-1, § 4.) 142 Supp. #1, 5-70 § 16-16 Personnel § 16-16 Sec. 16-16. Cessation of payment upon death of employee. The payment of the annuity shall cease upon the death of such city employee. (Ord. No. 42-69-1, § 5.) 142.1 Supp. #1, 5-70 OHI NANCE NO. 58-81-5 AN ORDINANCE AMENDING, BY ADDING TO, ORDI- NANCE NO. 58-75--4 ENTITLED "ESTABLISHING A RETIREMENT PROGRAM FOR CITY EMPLOYEES ---"; PROVIDING AN EFFECTIVE DATE. BE 1T ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Section 11(b) is hereby amended by addition thereto of sub -sentence to read as follows: "; (3) any person participating in another program of deferred co:-.p.nsation is approved by the City Co=lissi on. " Section 2. This ordinance shall be effective i;-:: ediately upon its Tina passa4Be. * * * ,. .. * ,. ,. ,. ,. * * * * * * ,. Passed and adopted on Frist Reading Passed and adopted on Second Reading August 24, 1981 September 14, 1981 Passed and adopted on Third and Final Reading September 28, 1981 - ATTEST: (SEAL) Adelaide R. Tucker, City Clerk ORDINANCE NO. 36-82-1 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, THE SAME BEING AN ORDINANCE REGULATING PLUMBING BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. That Section 17-12 be amended to read as follows: Section 17-12. Same -- Fee. A fee of three dollars and fifty cents ($3.50) per fixture, including washing machines, water heaters and dishwashers, shall be paid to the City of Atlantic Beach when a plumbing permit is issued. The minimum charge for any permit shall be ten dollars in addition to the rate per fixture. The charge for reinspection shall be $10.00 per inspection. Section 2. This ordinance shall become effective October 1, 1982. c , * * .* * * * * * * .. * * * * * * * * '*. * * * * * * * Passed by the City Commission on First Reading June 28, 1982 Passed by the City Commission on Second Reading July 12, 1982 Passed by the City Commission on Third and Final Reading July 26, 1982 (SEAL) ATTEST: Pat Whitney, City Cler § 17-1 Plumbing CHAPTER 17. PLUMBING .1 § 17-4 § 17-1. Adoption of Southern Standard Plumbing Code. § 17-2. Repealed. § 17-3. Appointment and qualifications of plumbing inspector. § 17-4. Master and journeyman plumbers to have certificate of competency. §§ 17-5 to 17-9. Repealed. § 17-10. Plumbing permits --Required. § 17-11. Same --Determination of ownership of secondhand fixtures prior to issuance. § 17-12. Same --Fee. § 17-13. Same --To whom issued. § 17-14. Prior rights, liabilities, etc. , not affected. Sec. 17-1. Adoption of Southern Standard Plumbing Code.2 There is hereby adopted the Southern Standard. Plumbing. Code 1973 ed4 tion, for the purpose of establishing rules and regulations for the construction, maintenance and repairs on. plumbing, including permits and. penalties. (Ord. No. 25-70T9, § 1; Ord. No. 55-74-14.) Sec . 1 7- 2 . Repealed by Ordinance No. 25-70-9. Sec. 17-3 . Appointment and qualifications of plumbing inspector . 3 The plumbing inspector shall be appointed by the city manager. He shall not be directly or indirectly engaged in any way with any firm or corporation engaged in the business of contracting or installing. plumbing. (Ord. No. 55- 58-1, § 8.) Sec. 17-4. Master and journeyman plumbers to have certificate of competency . Every master or journeyman plumber before carrying on his trade or business in this city, shall present to the city clerk a certificate as to his com- 1 For state Plumbing Control Law, see Fla. Stats. , § 553.- 01 et seq. As to license fees for plumbers, see § 10-5 of this Code. As to sewers and sewage disposal, see ch. 19. As to swimming pools, see ch. 24. As to water supply, see ch. 27. 2. For state law authorizing city to adopt. Plumbing Code by reference, see Fla. Stats. , § 165.191. 3. For charter provision authorizing city manager to ap= point city officers and employees, see Char. , § 26. 143 Supp. #5, 12-74 § 17-5 Atlantic Beach City Code § 17-14 petency issued by the Board of Examiners of Plumbers of the City of Jackson- ville, or an existing certificatepreviously issued by the city. It shall be unlawful for any person, not a certified plumber in accordance with the provisions of this section, to do any plumbing construction or to make any repairs, alterations, additions or changes to an existing system, within the city. (Ord. No. 55-58-1, .§ 2; Ord. No. 55-74-14.) S e c s 17 - 5 to 1 7- 9. Repealed by Ordinance Number 55-74-14. Sec. 17-10. Plumbing permits—Required. A permit is required to do plumbing work of any character , make any changes, extensions or disconnect plumbing or change the location or type of any fixture, except the repair of leaks or relieving temporary stoppages, (Ord. No. 55-58-1, § 7.) Sec. 17-11. Same --Determination of ownership of second- hand fixtures prior to issuance. Before the issuance of any plumbing permit, the plumbing inspector shall ascertain whether new or secondhand fixtures are to be used in the work. Whenever secondhand fixtures are proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing of the ownership of such fixtures and keep a record of the same. (Ord. No. 55-58-1, § 7.) Sec. 17-12. Same --Fee. A fee of one dollarper fixture, including washing machines, water heat- ers and dishwashers. shall be paid to the city clerk when a plumbing permit is issued. The minimum charge for anypermit shall be two dollars. (Ord. No. 55-58-1, § 7.) Sec. 17-13. Same --To whom issued. Permits to do plumbing work shall be issued to masterplumbers only. (Ord. No. 55-58-1, § 9.) Sec. 17-14. Prior rights, liabilities, etc., not affected. Nothing in this chapter or in the rules and regulations adopted by this chapter shall be construed to affect any rights acquired or liability incurred, nor any cause or causes of action accrued or existing under any prior act or ordinance, nor shall any right or remedy of any character be lost, impaired or affected by this chapter. (Ord. No. 55-58-1, § 11.) 144-146 Supp. #5, 12-74 § 17-6 Plumbing § 17-8 any time by the board for cause. All money received by the city hereunder shall be paid into the general fund of the city. Any person desiring to engage in or work at the business of plumbing, either as a master plumber or an employing plumber or as a journeyman plumber, shall make application to the board of examiners of plumbers at such times and places as the board may designate. Such examination shall be made in whole or in part in writing, and shall be of a practical and elementary char- acter, but sufficiently strict to test the qualifications of the applicant. (Ord. No. 55-58-1, § 2.) Sec. 17-6. Applicants for certificates to appear in person. Every master, employing or journeyman plumber carrying on his business or trade in the city shall appear in person before the board of examiners of plumbers and pass an examination as to his competency as required by law. (Ord. No. 55- 58-1, § 4.) Sec. 17-7. Issuance of certificates; doing plumbing work without certificate prohibited. It shall be the duty of the board of examiners of plumbers to issue to plumbers found competent upon examination proper certificates of competency and it shall be unlawful for any person not the holder of a certificate thus issued to engage in the business or trade of plumbing within the city. (Ord. No. 55-58-1, § 3. ) Sec. 17-8. Occupational license and bond required of master plumbers. It shall be required of every person obtaining a master plumber's certificate, before engaging in the business of master plumber, to pay to the city an annual occu- pational license tax, as set out in chapter 10 of this Code, to conduct such business, and to execute a bond in the sum of one thousand dollars with a responsible surety company authorized to do business in this state as surety, conditioned to protect the city and the owner of any premises against all loss or damage occasioned by the neg- ligence of the principal therein in failing to properly execute and protect all work done by him or his employees or under his direction or supervision and from all loss or damage occasioned by or arising in any manner from any such work done by such principal or his employees or under his direction or supervision, which is not caused by the negligence of the city, its agent or employees, and conditioned further that the principal therein will keep and observe all provisions of this Code and other or- dinances at any time enacted by the city commission relating in any way to plumbing or plumbing work. Such bond shall be approved by the city manager before the same becomes effec- tive, and may be sued on by the city, relating in any way to plumbing or plumbing work, and in the case of the owner of any premises damaged by such work, such own- er shall be authorized to bring suit in any court of competent jurisdiction in the name of the city, for his use and benefit; provided, that in any action by the owner of any premises, the same shall not involve the city in any expense whatever. (Ord. No. 55-58-1, § 5.) 145 § 17-9 Sec. Atlantic Beach City Code § 17-14 17-9. When certificates and bonds expire; certificate, bond and occupational license prerequisite to issuance of plumbing permit. All certificates issued by the board of examiners for plumbers and all bonds required by this chapter shall expire on and be null and void after June 30 of each year, and no plumbing work shall be done and no permits shall be issued to any master or employing plumber who does not have such certificate and bond and a city occupational license in full force and effect. (Ord. No. 55-58-1, § 6.) Sec. 17-10. Plumbing permits --Required. A permit is required to do plumbing work of any character, make any changes, extensions or disconnect plumbing or change the location or type of any fixture, ex- cept the repair of leaks or relieving temporary stoppages. (Ord. No. 55-58-1, § 7.) Sec. 17-11. Same --Determination of ownership of second- hand fixtures prior to issuance. Before the issuance of any plumbing permit, the plumbing inspector shall ascer- tain whether new or secondhand fixtures are to be used in the work. Whenever sec- ondhand fixtures are proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing of the ownership of such fixtures and keep a record of the same. (Ord. No. 55-58-1, § 7.) Sec. 17-12. Same—Fee. A fee of one dollar per fixture, including washing machines, water heaters and dishwashers, shall be paid to the city clerk when plumbing permit is issued. The minimum charge for any permit shall be two dollars. (Ord. No. 55-58-1, § 7.) Sec. 17-13. Same --To whom issued. Permits to do plumbing work shall be issued to master plumbers only. (Ord. No. 55-58-1, § 9. ) Sec. 17-14. Prior rights, liabilities, etc. , not affected. Nothing in this chapter or in the rules and regulations adopted by this chapter shall be construed to affect any rights acquired or liability incurred, nor any cause or causes of action accrued or existing under any prior act or ordinance, nor shall any right or remedy of any character be lost, impaired or affected by this chapter. (Ord. No. 55-58-1, § 11.) 146 § 18-1 Refuse, Garbage and Weeds § 18-1 CHAPTER 18. REFUSE, GARBAGE AND WEEDS.1 Article L In General. § 18-1. Definitions. § 18-2. Garbage cans and trash containers. § 18-3. Burial of garbage. § 18-4. Deposit of garbage, trash, etc. , on vacant lots, streets, parks, etc. , prohibited; compost piles. § 18-5. License for collection, removal, transportation and disposal of garbage. § 18-6. Permit required to transport garbage. § 18-7. Fees to be charged by city for collection of garbage and trash. § 18-8. Certain wastes not to be removed by city. § 18-9. Prima facie evidence of production of garbage; duty of city to inspect premises. § 18-10. Service to persons outside regular service area. Article II. Accumulations of Weeds or Trash. § 18-11. Maximum permissible height of weeds. § 18-12. Duty to keep premises clean and free of accumulations of trash, weeds, etc. § 18-13. Notice to clean premises; time for compliance with notice. § 18-14. City may have work done when owner fails to do so; assessment of costs against property; assessment constitutes lien on property. § 18-15. Maximum assessment per year. Article I. In General. Sec. 18-1. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: City. The area encompassed by the legal city limit lines of the City of Atlantic Beach. Commercial A unit. Any business establishment, store, house or shop, other 1. For charter provision authorizing city to provide sanitary services, see Char. , § 4(16). For state law authorizing city to provide for collection and disposal of garbage and other waste, see Fla. Stats. , § 167.06. As to leaving refuse on beach, see § 5-4 of this Code. As to license fees for garbage and trash collectors, see § 10-5. 147 Supp. #1, 5-70 § 18-2 Atlantic Beach City Code § 18-2 than a grocery, food store or bar. Within this classification are, by way of example, amusement houses, drug and sundry stores, dry goods and hard goods stores, pack- age houses, filling stations and offices. Commercial B unit. Any food processing plant, light manufacturing plant, bar or any restaurant seating less than twenty-five persons, or any small food or gro- cery store. Commercial C unit. Any restaurant seating over twenty-five but less than one hundred persons, any drive-in restaurant or any large grocery store or supermarket. Commercial C-1 unit. Any restaurant seating one hundred or more persons, Commercial D unit, Any building with a business establishment and apartments or living units under the same roof, or on the same lot. Commercial E unit. Any tourist court or trailer park. Commercial F unit. Any hotel. Garbage. Every refuse accumulated from cooking, cleaning and housekeeping. Garbage can. A can of the type commonly sold as a garbage can, in good con- dition and covered with a tight -fitting lid. Garden trash. All the refuse accumulated from the care of lawns, shrubbery or vines, and tree limbs. Residence A ianitn A residence occupied by and the place of abode of a single family where one kitchen only is provided and maintained. Residence B unit. Duplex residences under a single roof, or apartments con- sisting of two or more units under a single roof, or a primary and secondary dwell- ing on the same lot. (Ord. No. 55-60-5, § 1; Ord. No. 55-69-12, § 2.) Sec. 18-2. Garbage cans and trash containers. (a) Required. All residents or occupants of residences, apartments or places of business within the city shall provide garbage cans of sufficient capacity to hold two days accumulation of garbage. (b) Storage. Garbage cans set out for garbage collection shall not be placed closer than twenty feet to the street from which garbage service is rendered, nor farther back than the building line. Garbage can blinds, which are in architectual harmony with the building, or underground containers, may be placed anywhere be- tween the building and the street from which garbage service is rendered, but in no case shall they be located on public property. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the city sanitation department for placement of containers for garbage service shall 148 Supp. #1, 5-70 § 18-3 Refuse, Garbage and Weeds § 18-5 apply to the building inspector, who shall thereupon determine the location at which garbage cans shall be placed. Garbage cans not in underground containers or blinds shall not be left in a front yard overnight. Garbage cans located other than as herein- above described shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. (c) Inspection and approval. All garbage and trash cans shall be subject to in- spection and approval or condemnation by the inspectors of the sanitation department of the city, and no appeal from such condemnation shall be possible except to the city commission. (d) All garbage cans and trash containers shall be emptied at least once each day, except Sunday, and the contents thereof shall be disposed of at least once each day, except Sunday, in residential districts and as designated by the city manager in the business districts. (Ord. No. 55-60-5, § 2.) Sec. 18,-3.. Burial of .garbage. No garbage shall be buried upon the premises of the person by whom such gar- bage is accumulated. No garbage shall be buried elsewhere in the city except upon written permit of the city manager. (Ord. No. 55-60-5, § 2.) Sec. 18-4. Deposit of garbage, trash, etc. , on vacant lots, streets, parks, etc. , prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, bottles, cans or containers upon any vacant or unoccupied premises of the city, or upon any street, alley or park. (b) It shall be unlawful for any person to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or premises, or a street, plaza, alley or park, or in any canal, waterway, lake or pool within the city. Garden trash containing no combustible matter or mat- ter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Ord. No. 55-60-5, §§ 2, 5.) Sec. 18-5. License for collection, removal, transportation and disposal of garbage. 2 (a) No person shall remove garbage or trash from any premises in the city, or transport garbage or trash through the streets or alleys or public ways of the city, or dump, incinerate or in any other manner dispose of garbage or trash originating in the city, or contract for or permit himself to be employed or engaged for any such removal, transportation or disposal, without first having secured a license for such 2. As to license fee for garbage collectors, see § 10-5 of this Code. 149 Supp. #1, 5-70 § 18-6 Atlantic Beach City Code § 18-7 services from the city treasurer. Before issuing such license, the city treasurer shall require the execution of an application form, to be furnished by him, showing the names of the principal officers and the names of the persons who are to actually perform such services for the corporation, together with the business and home ad- dresses of each of such persons, a description of the equipment to be used in such removal, transportation and disposal and the exact location of and the method of dis- posal, which application shall be submitted to and approved by the city commission as a prerequisite to the issuance of the license. When such application specifies a point of disposal beyond the limits of the city, the city manager shall determine that the disposal of garbage at the point named, and by the method described in the appli- cation are satisfactory to the proper authorities of Duval County or of the municipal- ity, if such point is within a municipality. No licensee under this section shall change any of the personnel names in such application, nor any of the equipment used for removal or tra_nsporation, nor the location or method of disposal, as describedin such application, without first having reported such changes to the city manager and secured his approval and permission therefor, and in the cases of changes in the location and method of disposal, if beyond the limits of the city, such changes shall also be approved by the proper authorities of Duval County or of the municipality within which such disposal point is located. (b) The city reserves the right to reject any such application without the neces- sity for showing cause of such action, provided such contractor undertakes to per- form work not in the best interests of the city. (Ord. No. 55-60-5, § 3.) Sec. 18-6. Permit required to transport garbage. In all cases in which garbage is removed and disposed of by persons other than the employees of the sanitation department of the city, the owner or occupant of the premises from which such removal is made shall first secure a written permit from the city manager, showing the name and address of the person by which such removal is to be made, the nature of the vehicle in which it is to be transported, the location at which and the manner in which the ultimate disposition of the garbage is to be ac- complished. No person shall contract or permit himself to be employed for such private disposition of garbage unless he shall have first procured a license or per- mit therefor from the city, as provided in this article. (Ord. No. 55-60-5, § 2.) Sec. 18-7. Fees to be charged by city for collection of garbage and trash. (a) All residents, occupants and owners of premises in the city who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation department of the city, and for such service of garbage and trash re- moval shall pay the city treasurer the sums shown below for each service: (1) Residence A Unit. For each residence A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents per quarter. 150 Supp. #1, 5-70 ORDINANCE NO. 55-81-18 AN ORDINANCE AMENDING SECTION 18-7 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH PROVIDING FOR AN INCREASE IN FEES TO BE CHARGED BY THE CITY FOR COL- LECTION OF GARBAGE AND TRASH; PROVIDING AN EFFECTIVE DATE Section 18-7. Fees to be charged by city for collection of garbage and trash. (a) All residents, occupants and owners of premises in the City who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation department of the City, and for such service of garbage and trash removal shall pay the City Treasurer the sums shown below for each service: (1) Residence A Unit. For each residence A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of fourteen ($14.00) dollars per quarter. (2) Residence B Unit. For each residence B unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of fourteen ($14.00) dollars quarterly per living unit. (3) Residence C Unit. For each residence C unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of fourteen ($14.00) quarterly per living unit; if central pickup of garbage and trash placed in containers (two cubic yards furnished and maintained by the City) the fee for collection of garbage and trash is hereby fixed and levied at the sum of one hundred forty-five ($145.00) dollars quarterly per container. (4) Commercial A Unit. For each commercial A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of twenty ($20.00) dollars quarterly. (5) Commercial B Unit. For each commercial B unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of twenty-five ($25.00) dollars quarterly. (6) Commercial C Unit. For each commercial C unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of one hundred and forty-five ($145.00) dollars quarterly per container. (7) Commercial C-1 Unit. For each commercial C-1 unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of one hundred forty-five ($145.00) dollars quarterly per container. (8) Commercial D Unit. For each commercial D unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum as herein above shown for such business unit, plus the sum of fourteen ($14.00) dollars quarterly for each and every living unit. (9) Commercial E Unit. For each commercial E unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of fourteen ($14.00) dollars for each unit with kitchen facilities and five dollars and fifty cents ($5.50) quarterly for each unit without kitchen facili- ties, or one hundred forty-five ($145.00) dollars per container. (10) Commercial F Unit. For each commercial F unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of one hundred forty-five ($145.00) dollars per container quarterly. (11) Commercial units with container service. Commercial units required to install container service by the head of the sanitation department shall pay one hundred forty-five ($145.00) dollars quarterly for each container; this fee includes garbage service and maintenance of container ($145.00). (e) The effective date for the above schedule of charges for collection of garbage and trash as shown in sub -section (a)(1-11) shall be January 1, 1982. * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading September 14, 1981 Passed by the City Commission on Second Reading September 14, 1981 Passed by the City Commission on Third & Final Reading September 28, 1981 ATTEST: -4'17 fi �,.,i..r'� .fp / if-. J-61- r- f e*.{ ,+ (SEAL) Adelaide R. Tucker, City Clerk ORDINANCE 55-80-17 AN ORDINANCE AMENDING SECTION 18-7 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH PROVIDING FOR AN INCREASE IN FEES TO BE CHARGED BY CITY FOR COLLECTION OF GARBAGE AND TRASH; PROVIDING AN EFFECTIVE DATE. Section 18-7. Fees to be charged by city for collection of garbage and trash. (a) All residents, occupants and owners of premises in the city who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation department of the city, and for such service of garbage and trash removal shall pay the city treasurer the sums shown below for each service: (1) Residence A Unit. For each residence A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven-dellars-ten dollars and fifty cents per quarter ($10.50). (2) Residence B Unit. For each residence B unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven ten dollars and fifty cents quarterly per living unit ($10.50). (3) Residence C Unit. For each residence C unit, the Fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven ten dollars and fifty cents quarterly per living unit($10.50); if central pickup of garbage and trash placed in containers (two cubic yards furnished and maintained by the City) the fee for collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight one hundred ten dollars per container($110.00). (4) Commercial A Unit. For each commercial A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of ten fifteen dollars and -fifty -cents quarterly ($15.00). (5) Commercial B Unit. For each commercial B unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of thirteen nineteen dollars and-fifty-eents quarterly ($19.00) . (6) Commercial C Unit. For each commercial C unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight one hundred ten dollars quarterly per container ($110.00). (7) Commercial C-1 Unit. For each commercial C-1 unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight one hundred ten dollars quarterly per container ($110.00). (8) Coliuercial D Unit. For each commercial D unit, the fee for the collection of garbage and trash is hereby fixed and levied °t the sum as herein above shown for such business unit, plus the sum of seven Len dollars and fifty cents quarterly for each and every living unit ($10.50). (9) CormnercialE Unit. For each commercial E unit, the fee for, the collection of garbage and trash is hereby fixed and levied at the sum of seven ten dollars and fifty cents for each unit with kitchen facilities and three four dollars ($4.00) quarterly for each unit without kitchen facilities, or Seventy-eight one hundred ten dollars per container ($110.00). (10) Commercial F Unit. For each commercial F unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight one hundred ten dollars per container quarterly ($110.00). (11) Commercial units with container service. Commercial units required to install container service by the head of the sanitation department shall pay seventy-eight one hundred ten dollars quarterly for each container; this fee included garbage service and maintenance of container ($110.00). (e) The effective date for the above schedule of charges for collection of garbage and trash as shown in sub -section (a)(1-11) shall be October 1, 1980. * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading August 25, 1980 Passed by the City Commission on Second Reading August 25, 1980 Passed by the City Commission on Third & Final Reading September 8, 1980. (SEAL) ATTEST: Adelaide R. Tucker, City Clerk § 18-7 Refuse, Garbage and Weeds § 18-7 Sec. 18-7. Fees to be charged by city for collection of garbage and trash. (a) All residents , occupants and owners of premises in the city who have not arranged for private disposal of garbage and trash as elsewhere authorized in this article shall have accumulations of garbage and trash removed and disposed of by the sanitation department of the city, and for such service of garbage and trash removal shall pay the city treasurer the sums shown below for each service: (1) Residence A Unit. For each residence A unit, the fee for the collec- tion of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents per quarter. 150.1 Supp. #7, 5-78 § 18-7 Refuse , Garbage and Weeds § 18-7 (2) Residence B Unit. For each residence B unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents quarterly per living unit. (3) Residence C Unit. For each residence C unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents quarterly per living unit; or , if central pickup of gar- bage and trash placed in containers (two cubic yards furnished and maintained by the City) the fee for collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight dollars per container . (4) Commercial A Unit. For each commercial A unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of ten dollars and fifty cents quarterly. (5) Commercial B Unit. For each commercial B unit, the fee for the collection of, garbage and trash is hereby fixed and levied at the sum of thirteen dollars and fifty cents quarterly . (6) Commercial C unit. For each commercial C unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy- eight dollars quarterly per container . (7) Commercial C-1 Unit. For each commercial C-1 unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight dollars quarterly per container . (8) Commercial D Unit . For each commercial D unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum as herein above shown for such business unit, plus the sum of seven dollars and fifty cents quarterly for each and every living unit . (9) Commercial E Unit. For each commercial E unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seven dollars and fifty cents for each unit with kitchen facilities and three dollars quarterly for each unit without kitchen facilities, or seventy-eight dollars per container. (10) Commercial F Unit. For each commercial F unit, the fee for the collection of garbage and trash is hereby fixed and levied at the sum of seventy-eight dollars per container quarterly. (11) . Commercial units with container service. Commercial units required to install container service by the head of the sanitation department shall pay seventy-eight dollars quarterly for each container; this fee in- cludes garbage service and maintenance of container . 151 Supp. #5, 12-74 § 18-8 Atlantic Beach City Code § 18-10 (b) Every such garbage collection fee shall be computed for a three month period beginning July 1, 1960 and shall be payable in advance for each three month period thereafter. Every such fee shall be due and payable on July 1, October 1, January 1 and April 1 of each year, and shall become delinquent if not paid within thirty days thereafter. (c) In residential or commercial districts, wherever there exists any exceptional condition of occupancy or use, the city commission may enter into an agreement with the owner, lessee, renter or tenant as to the proper charges to be paid by such per- sons; except, that all such agreements shall provide that such charges shall be made in a uniform manner and proportional to the other charges for similar service as set forth in this article. (d) The garbage collection fees levied by this article shall become delinquent if not paid within thirty days after the same become due and payable, and in the event of any such delinquency, the city shall discontinue its garbage collection services to any property or unit, the owner, lessee, permittee or agent in charge of which has allowed any such fee imposed hereunder to become delinquent, and the city may re- cover the amount of any such delinquent fee by due process of law. (Ord. No. 55- 60-5, § 4; Ord. No. 55-64-9, § 1; Ord. No. 55-66-11, § 1; Ord. No. 55-69-12, § 1; Ord. No. 55-74-13, § 1.) Sec. 18-8. Certain wastes not to be removed by city. Trash and debris caused from the operation of lot cleaning or clearing and con- tractors' debris caused from building, rebuilding or otherwise altering of buildings or structures shall be removed by the owner or contractor performing such work. Spent oils or greases accumulated at garages, filling stations or similar establish- ments will not be removed by the city. (Ord. No. 55-60-5, § 4.) Sec. 18-9. Prima facie evidence of production of garbage; duty of city to inspect premises. Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated on such prem- ises. It shall be the duty of the proper representatives of the city to inspect and su- pervise such premises and remove therefrom all' refuse and garbage found thereon, provided the required fees have been paid by such resident or occupant, or to notify the proper persons if such removal is not the duty of the city. (Ord. No. 55-60-5, § 5.) Sec. 18-10. Service to persons outside regular service area. Any person located within the corporate limits of the city, but outside the area defined in section 18-1 as "city," may, on request and upon payment of the fees set forth in section 18-7, avail themselves of the services of the sanitation department. (Ord. No. 55-60-5, § 6.) 152 Supp. #5, 12-74 ORDINANCE NO. 55-82-19 AN ORDINANCE DECLARING WEEDS TO BE A NUISANCE AND ESTABLISHING THE PROCE- DURES TO ABATE Section 1. Section 18-11 through Section 18-15 of the Code of the.City of Atlantic Beach is hereby deleted in its entirety and the following is substituted therefor: No owner or person in control of any lot, place or area within the City, or the agent of such owner or person in control, shall permit on such lot, place or area, or upon any abutting area between the right -of --way line/property line, any weeds, grasses, or other deleterious, unhealthful growth to exceed a height of 12 inches. Exceptions to the provisions of this ordinance shall apply to those properties located in undeveloped areas of the City which are at least 20 feet from the nearest occupied residential or business property, and which are at least 20 feet away from an adjoining right-of-way in which there is a paved street. Section 2. Notice to destroy. The City Manager or his designee annually or near the commencement of the growing season, shall notify by general publication in a newspaper published within the City, all such owners, persons in control, or agents, to cut, destroy, or remove any such weeds, grass, growth or matter found growing, or located on such property. Section 3. Action upon non-compliance. Upon the failure, neglect, or refusal of any such owner, person in control, or agent, so notified to cut, destroy or remove any such weeds, grass, growth, after publication of a notice provided in Section 2 above, the City or its authorized agent shall cut, destroy or remove any weeds, grass, growth or matter, and any expense incurred by the City or its authorized agent in doing so shall be charged against the property owner, person in control, or agents so failing, which charge may be recovered; provided, however, that no land clearance made necessary be excessive growth shall be done unless the City or its authorized agent shall first post a notice on such property to clear such excessive growth and such owner, person in control, or agent shall for seven (7) days after such notice to so clear such land. Section 4. Removal by City. If, within seven (7) days after posting of said notice and the condition described, the notice is not then remedied, the City Manager shall cause the condition to be remedied by the City at the expense of the property owner. Section 5. After causing the condition to be remedied, the City Manager or his designee shall certify to the Finance Department the expense incurred in remedying the condition, whereupon such expense, plus a charge equal to 100% of such expense to cover City administrative expenses, plus advertising costs, shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at a rate of 8% per annum from the date of such certification until paid. Section 6. This Ordinance shall become effective upon its final passage. Passed by the City Commission of First Reading February 22, 1982 Passed by the City Commission of Second Reading March 8, 1982 Passed by the City Commission of Third and Final Reading March 22, 1982 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk § 18-11 Refuse, Garbage and Weeds § 18-11 Article II. Accumulations of Weeds or Trash. 3 Sec. 18-11. Maximum permissible height of weeds. It shall be unlawful for any person who owns, controls or occupies any lot, par- cel of land or premises in the city to allow weeds to grow upon such lot, parcel of land or premises to a height exceeding twelveinches. (Ord. No. 55-59-4, § 1.) 3. For state law authorizing city to require cutting of exces- sive growths of weeds, etc., see Fla. Stats., § 167. 05. 152.1 Supp. #1, 5-70 § 18-12 Refuse, Garbage and Weeds § 18-15 Sec. 18-12. Duty to keep premises clean and free of accu- mulations of trash, weeds, etc. It shall be unlawful for the occupant, or if there is no occupant, then the owner, of any house, store or lot of land to refuse to keep the same clean, or to permit any trash, weeds or any offensive material of any kind to accumulate in or upon such premises. (Ord. No. 55-59-4, § 2.) Sec. 18-13. Notice to clean premises; time for compliance with notice. When, in the opinion of the city manager, the public health is impaired by:the excessive growth of any thickets, weeds, shrubs, brush or other growths, or the ac- cumulation of trash or other material liable to be a source of danger to the public health or safety, on any lot, tract or parcel of land within the city; the city manager shall notify the city commission of the same at any regular meeting, in writing, and if, after due consideration the city commission shall endorse the recommendation of the city manager, they shall by resolution, order the owner of the land or lot, to clean off, remove or destroy such growth or accumulation of trash or other material as aforesaid within a period of fifteen days after receiving notice of such resolution, which may be served personally, or by publication in any newspaper of general cir- culation in the city, if personal service cannot be had in the city. (Ord. No. 55-59-4, § 3. Sec. 18-14. City may have work done when owner fails to do so; assessment of costs against property; assessment constitutes lien on property. If any property owner shall fail to comply with the conditions of such resolution, the city commission shall have the thickets, weeds, shrubs, brush or trash removed, and assess the cost of such removal against the property, including the cost of publi- cation or service of process, which assessment shall be a lien against the property and shall be collected as other taxes or assessments. (Ord. No. 55-59-4, § 4.) Sec. 18-15. Maximum assessment per year. The amount of cost levied and assessed by the city, under the provisions of this article, against any piece or parcel of land, shall not exceed the sum of one hundred fifty dollars per year upon any lot the size of fifty by one hundred feet. Pieces or parcels of land of a greater or lesser size may be assessed per year not to exceed a sum greater or lesser in the same proportion, according to the size thereof. (Ord. No. 55-59-4, § 5.) 153 ORDINANCE NO. 80-83-24 AN ORDINANCE AMENDING ORDINANCE NO. 80-83-23 BY INCREASING WASTEWATER RATES AND CHARGES AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City received a Financing and Creditworthiness Analysis for Watewater Facilities Improvements dated July 11, 1983, as prepared by the City's financial advisor, Robert Stubbs, Inc., and WHEREAS, the Financing and Creditworthiness Analysis concluded that the City's Comprehensive Wastewater Improvements Program could best be financed through a state bond loan program, and WHEREAS, the City Commission of the City of Atlantic Beach has deter- mined that it is in the best interest of the wastewater utility users to borrow $2.35 million dollars for the Wastewater Facilities Improvements, and WHEREAS, it is necessary to increase wastewater service rates to fund the debt service, and WHEREAS, Ordinance No. 80-83-23 requires that any change of rates and charges shall be established by the City Commission after due public notifica- tion, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, as follows: Section 1. That the sewer user classification rates and charges as defined in Article 8 of Ordinance No. 80-83-23 be amended as shown on Exhibit A attached hereto. Section 2. That the effective date of the sewer user classification rates and charges shall be october 1, 1983. es es es es es es es es. es es es Passed by the City Commission on First Reading August 30, 1983 Passed by the City Commission on Second Reading August 30, 1983 Passed by the City Commission on Third and Final Reading September 12, 1983 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk WASTEWATER USER CHARGES City of Atlantic Beach, Florida Class User Charge per Quarter Customers Inside the City A Single-family Residential B Two-family Residential C Single-family in Business D Multi -Family ,Residential Per Unit E itels & Hotels Per Unit F Mobile Home Per Unit G Commercial Base Charge Plus Volume Charges as Follows 15,000 Gallons or Less Over 15,000 Gallons (per 1,000 Gallons) H Special Users Churches Elementary Schools $40.00 $66.70 $40.00 $30.00 $20.00 $30.00 $20.00 $30.00 $ 1.50 $40.00 $320.00 Customers Outside the City The rates applicable to customers outside of the City shall be one and one-half (12) times the above rate applicable to customers inside the City. ORDINANCE NO. 80-83-23 AN ORDINANCE REGULATING THE CITY OF ATLANTIC BEACH WASTEWATER SYSTEM BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH AS FOLLOWS: Section 1. That Chapter 19, Articles 1, 2 and 3, be deleted in its entirety, and amended as follows: ARTICLE I Definitions Sec. 1. Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. Sec. 2. "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls.of the building and co -vet's it to the building sewer,' and shall terminate five (5) feet 1.5 meters outside -the outer face of the building wall. Sec. 3. "Building sewer" shall mean the extension from the building drain to the public sewer or other place of dis- posal, and shall commence five (5) feet (1.5 meters) outside the outer wall of the building. Sec. 4. "Combined sewer" shall -jean a sewer intended to receive both wastewater and stoim or surface water. Such combined sewer shall be prohibited. Sec. 5. "Easement" shall mean an acquired legal right for the specific use of land owned by others. Sec. 6. "Floatable oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A waste- water shall be considered free of floatable fat if it is pro- perly pretreated and the wastewater does not interfere with the collection system. Sec. 7. "Garbage" shall mean the waste resulting from the handling, preparatm , cooking, and serving of foods. Sec. 8. "Industrial wastes" shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes. Sec. 9. "City Manager" shall mean the City Manager of the City of Atlantic Beach or his authorized deputy agency,or representa- tive, such as the City Engineer, Public Works Superintendent, Superintendent of wastewater facilities, etc. 2 Sec. 9. "Natural outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, dith, lake, or other body of surface or groundwater. Sec. 10. "May" is permissive. Sec. 11. "Person" shall mean any individual, fiLm, company, association, society, corporation, or group. Sec. 12. "pH" shall mean the reciprocal of the logarithm of the hydrogen -ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen -ion concentration of 10-7. Sec. 13. "Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of'food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally pre- vailing in public sewers, with no particle greater than z inch (1.27 centimeters) in any dimension. Sec. 14. "Public sewer" shall mean a common sewer controlled by a governmental agency or public utility. Sec. 15. "Sanitary sewer" shall mean a sewer that carries liquid and water -carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. Sec. 16. "Sewage" is the spent water of a community. The preferred term is "wastewater." Sec. 17. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water. Sec. 18. "Shall" is mandatory. Sec. 19. "Slug" shall mean any discharge of water or waste- water which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treat- ment works. Sec. 20. "Storm drain" shall mean a drain or sewer for con- veying -storm water, groundwater, subsurface water-, or unpil_7,luted water from any source. 3 Sec. 21. "Suspended solids"(SS) shall mean total suspended matter that either floats on the surface of, or is in suspen- sion in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue. Sec. 22. "Unpolluted water" is water of quality equal to or or better than the effluent criteria in effect or water that would not cause violation of receiving water quality stan- dards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. Sec. 23. "Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water -carried wastes from residences, commercial buildings, industrial plants, and. institutions, together with any groundwater, surface water, and stormwater that may be present. Sec. 24. "Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent. Sec. 25. "Wastewater treatment works" shall mean an arrange- ment of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant." Sec. 26. "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently. ARTICLE II Use of Public Sewers Required Sec. 1. It shall be unlawful for any person to place, discharge, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Atlantic Beach or in any area under the jurisdiction of said City of Atlantic Beach, any human or animal excrement, garbage, or objectionable waste. Sec. 2. It shall be unlawful to discharge to any natural outlet within the City of Atlantic Beach, or in any area under the jurisdiction of said City of Atlantic Beach, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. 4 Sec. 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. Sec. 4. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of Atlantic Beach and abutting on any street, alley, or right-of-way in which there is now located a public sanitary sewer of the City of Atlantic Beach, is hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. ARTICLE III Private Wastewater Disposal Sec. 1. Where a public sanitary sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article. Sec. 2. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. The applica- tion pplication for such peLmit shall be made on a form furnished by the said Division, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. Sec. 3. A permit for private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division and the City Manager. The City of Jacksonville Health, Welfare, and Bioenvironmental Services Division and the City Manager shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the City of Jackson- ville Health, Welfare, and Bioenvironmental Services Division when the work is ready for final inspection, and before any underground portions are covered. Sec. 4. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. 5 Sec. 5. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Article III, Section 4, a direct connection shall be made to the public sewer within ninety (90) days in with this ordinance, and any septic tanks, cesspools, and similar private wastewater disposal facilities. shall be cleaned of sludge and filled with suitable material. Sec. 6. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the City of Atlantic Beach. Sec. 7. No statement contained in this article shall be con- strued to interfere with any additional requirements that may be imposed by the public health and environmental authorities. ARTICLE IV Building Sewers and Connections Sec. 1. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Manager. Sec. 2. There shall be two (2) classes of building sewer permits; (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the City of Atlantic Beach. The permit application shall be supple- mented by any plans, specifications, or other information considered pertinent in the judgement of the City Manager. Sec. 3. All costs and expenses incidental to the installa- tion and connection of the building sewer shall be boLueThy the owner(s). The owner(s) shall indemnify the City of Atlantic Beach from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Sec. 4. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear build- ing through an adjoining alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the City of Atlantic Beach does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. 6 Sec. 5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Manager, to meet all requirements of this ordinance. Sec. 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Atlantic Beach. In the absence of code pro- visions or in amplification thereof, the materials and pro- cedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. Sec. 7. Whenever possible, the building sewer shall be brought to the building at an elevation below the lowest floor level. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Sec. 8. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of sur- face runoff or groundwater or well water, including that from water -source heat pumps to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the City Manager for purposes of disposal of polluted surface drainage. Sec. 9. The connection of the building sewer into the public sewer shall confoim to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Atlantic Beach, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the City Manager before installation. Sec. 10. The applicant for the building sewer permit shall notify the City Manager when the building sewer is ready for inspection and connection to the public sewer. The connec- tion and testing shall be made under the supervision of the City Manager or his representative. Sec. 11. All excavations for building sewer installation within public right of way shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets,.sidewalks, parkways, and other public property disturbed in the course of such work shall be restored in a manner satisfactory to the City of Atlantic Beach. ARTICLE V Use of the Public Sewers Sec. 1. No person(s) shall discharge or cause to be dis- charged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, cooling water, or water -to - air heat pump water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by peiwission of the City Manager. Sec. 2. Stormwater other than that exempted under Section 1, Article V, and all other unpolluted drainage shall be dis- charged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the City Manager and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the City Manager, to a storm sewer or natural outlet. Sec. 3. No person(s) shall discharge charged any of the following described waters any public sewers: (a) Any gasoline, benzene, flammable or explosive liquid, (b) Any waters containing toxic or poisonous liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (c) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of sewers, ashes, bones, cinders, sand, mud, straw, grass clippings, shavings, metal, glass, rags, feathers, tar, plastics, wood, and unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc, either whole or ground by garbage grinders. or cause to be dis- or wastes to naptha, fuel oil, solid, or gas. or other solids, such as Sec. 4. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equip- ment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The City Manager may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the City Manager will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the waste- water treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or character- istics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the City •Manager are as follows: (a) Wastewater having a temperature higher than 150°F (65°C)� and a BOD ans SS content not exceeding 200 milligrams per liter each (b) Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or a product of mineral oil origin. (c) Wastewater from industrial plants containing floatable oils, fat, or grease. (d) Any garbage that has not been properly shredded. Gar- bage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. (e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the City Manager for such materials. (f) Any waters or wastes containing odor-producing sub- stances exceeding limits which may be established by the City Manager. (g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Manager in compliance with applicable state or federal regulations. (h) Quantities of flow, concentrations, or both which constitute a "slug" as defined herein. 9 (i) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treat- ment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having juris- diction over discharge to the receiving waters. (j) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collec- tion system, or create a condition deleterious to structures and treatment processes. Sec. S. If any waters or wastes are discharged or are pro- posed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumera- ted in Section 4 of this Article, and which in the judgement of the City Manager, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or con- stitute a public nuisance, the City Manager may: (a) Reject the wastes, (b) Require pretreatment to an acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge and/or, (d) Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of this Article. When considering the above alternatives, the City Manager shall give consideration to the economic impact of each alternative on the discharger. If the City Manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of such local or state agency having authority in such matter, and of the City Manager. Sec. 6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City Manager, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Section 4(c), or any flammable wastes, sand, or other haLmful ingredients; except that such interceptors shall not normally be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City Manager and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the onrner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the City Manager. Any removal and hauling of the collected materials not performed by owner(s)' personnel must be performed by currently licensed waste disposal firms. Sec. 7. Where pretreatment or flow -equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. Sec. 8. When required by the City Manager, the owner of any property serviced by a building sewer into which industrial wastes are discharged and shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the City Tanager. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Representatives of the City and regulatory agencies shall be granted admission for inspection and sampling upon request. Sec. 9. The City Manager may require a user of sewer services to provide information needed to determine compli- ance with this ordinance. These requirements may include: (1) T•;astewaters discharge peak rate and volume over a specified time period. (2) Chemical analyses of wastewaters. (3) Information on raw materials, processes, and products affecting wastewater volume and quality. (4) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control. (5) A plot plan of sewers on the user's property showing sewer and pretreatment facility location. (6) Details of wastewater pretreatment facilities. (7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer. Sec. 10. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Ex- amination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location,:times durations, and frequencies are to be determined on an indi- vidual basis subject to approval by the City tanager. Sec. 11. No statement contained in this article shall be construed as preventing any special agreement or arrange- ment between the City of Atlantic Beach and any industrial conceiu whereby an industrial waste of unusual strength or character may be accepted by the City of Atlantic Beach for treatment. ARTICLE VI Sec. 1. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which 'is part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest and prose- cution. ARTICLE VII Powers and Authority of Inspectors Sec. 1. The City Manager and other duly authorized employees of the City and regulatory agencies bearing proper credentials and identification shall ask permission_toenter all-proprties'at reasonable times for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance. The City shall have the right to suspend service if permission is denied. Sec. 2. The City Manager or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revelation to the public of - the information in question might result in an advantage to its competitors. Sec. 3. While performing the necessary work on private proper- ties referred to in Article VII, Sec. 1, above, the City Manager orduly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Sec. 8. Sec. 4. The City Manager and other duly authorized employees of the City bearing proper credentials and identification shall be pegwitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subse- quent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 12 ARTICLE VIII Sewer User Classification Rates and Charges Sec. 1. Sewer User Classifications. There is hereby established a uniform class of sewer users as follows: (a) Class A. Single-family residential units and individually metered multi -family units connected to a City -owned sewage collection system. (b) Class B. Two-family residential units on one meter and not individually metered connected to a City -owned sewage collection system. (c) Class C. Single-family residential units within a business building. (d) Class D. Multi -family residential units on one meter and not individually metered connected to a City -owned sewage collection system. (e) Class E. Motels and hotels connected to a City -owned sewage collection system. (f) Class F. Mobile home residential units connected to a City -owned sewage collection system. (g) Class G. Commercial and business establishments connected to a City -owned sewage collection system. (h) Class H. Special users. Churches and elementary schools connected to a City -owned sewage collection system. (i) Class I. Industrial waste users subject to a surcharge. Sec 2. Sewer Rates and Charges. There is hereby established a uniform schedule of rates and charges by classes for their use or availability for use of the sewer system of the City as follows: (a) Class A Users - $24.00 per quarter (b) Class B Users - $40.00 per quarter (c) Class C Users - $24.00 per quarter (d) Class D Users - $24.00 for one unit per quarter; $19.20 per unit per quarter for next 3 units $14.40 per unit per quarter for all units over 4 13 (e) Class E Users - $24.00 per quarter for the first unit (Operator's quarters or office or both included.) $ 4.80 per quarter for each unit with kitchen $ 2.40 per quarter for each rentable room without kitchen (f) Class F Users - $24.00 per quarter for the first unit (Operator's quarters or office or both included) $14.40 per quarter for each additional unit (trailer space) (g) Class G Users - For each area of a building served by one meter, a basic charge of $12.00 per quarter, plus additional charges related to metered water usage as follows: Add 200% of water charges to the basic charge of sewer services. (h) Class H Users - Churches $24.00 per quarter Elementary schools - $192.00 per quarter Sec. 3. Customers Outside City. The rates applicable to customers outside the City shall be one and one-half (12) times the above rates. Sec. 4. Connection connections to the by the City are as fees. Fees. Charges for providing and approving sewer system with installation performed follows and shall be in addition to impact Units with 3/4" water meter Units with 1" water meter or larger Sec. 5. Impact new connections follows: Residences Commercial $500.00 Cost of materials plus hourly rate times a factor of 2.5 , but not less than $500.00 Fees. The fee for providing facilities for and capacity increases for growth shall be as Office Buildings Groceries Retail Shops Theatres Restaurants Service Stations Car Wash_ - Beauty Shops/Barber Shops - Laundromats Hotels/Motels $1,035.00 per unit $40.00 20.00 1,260.00 16.00 160.00 3,150.00 3,150.,00 630.00 _790.0.0_ 475.00 per per per per per per per per per per 100 sq. ft. 100 sq. ft. restroom seat seat restroom stall chair machine_ restroom Sec. 6. Payment of Connection Fees and Impact Fees. Payment of connection fees shall be due and payable prior to the issuance of a building peLmit. For existing buildings or struc- tures, the City Manager may allow payment of fees on an extended payment plan for up to five years in the event that 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 be release of record. 15 Sec. 7. 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 replace- ment of the wastewater collection, treatment, and disposal system of the City. Sec. 8. Billing. The sewer charges prescribed by this article 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 where water and/or garbage service is furnished other than through the City shall be computed as provided in Section 2 of this chapter and rendered at the same time as City water bills. Sec. 9. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after the 30th day from the billing date, dated on the bill, a penalty of $5.00 shall be imposed and added to the bill. The City shall mail at that time a delinquent notice to the user stating that if the bill remains unpaid for a period of 10 additional days, then the City shall discon- tinue the service. If the bill remains unpaid for a period of 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 $10.00. If, after dis- continuation of services, the bill remains unpaid for an additional 30 days, the City shall acquire a lien on the property being serviced which may be foreclosed within 30 days by the City unless the bill and the penalties thereon are paid and the lien satisfied. Sec. 10. Review and Changes of Rates. The uniform rates and charges established by this chapter shall be reviewed annually, or as directed by the City Commission, and any change of rates and charges shall be established by resolution of the City Commission after due public notifi- cation. Any rates and charges established as provided herein shall be binding with the same force and effect as if incorporated in this section. Sec. 11. Sewer Charges Applicable if Sewer Available. The rates and charges established by this chapter 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 non -connected user, until 90 days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to 16 owner, tenant, or occupier, the provisions of this section shall be applicable within 90 days from the date of the notice, and the City may commence billing procedures upon the expiration date of the notice. ARTICLE IX Sewer System Extensions Sec. 1. Purpose. This subchapter establishes procedures to facilitate the orderly expansion of the City's sewage and drainage systems and provides alternatives for funding of the expansion by those benefiting thereby. Sec. 2. Construction of Extension Projects. (A) A city sewerage or drainage system extension. project may be constructed by the City or by one or more property owners, in accordance with plans prepared by or approved by the City. The City may construct an exten- sion to its sewerage or drainage system at the sole expense of one or more property owners or in whole or in part at City expense. (1) If the project is to be constructed at the sole expense of one or more property owners benefiting from the project, the City Engineer shall prepare or approve a plan describing the scope and purpose of the proposed extension and the estimated cost thereof. Before any expenses are incurred or obligated by the City, the property owners agreeing to bear the expense of the project shall pay over to the City the total estimated cost of the project and shall agree in writing to pay on demand any additional expenses actually incurred by the City in constructing the extension. The funds paid to the City shall be deposited in a special extension project trust account in the sewer or drainage enterprise fund, from which all expenses of the project shall be paid without further appropriation. After completion of the project, any remaining funds in excess of those required to be expended for construction thereof may be refunded to the contributing property owners in propor- tion to their contribution to the project. (2) If the City determines that a sewerage or drainage system extension project is to be constructed by the City in whole or in part at City expense, the City Manager shall submit to the City Commission for approval by resolution a description of the scope and purpose of the proposed extensions, the estimated cost thereof, and an analysis of project feasibility, including the basis upon which construction with City funds is recommended. Upon approval by the City Commission, the City Manager shall proceed with the project only after the funds, if any, to be contributed by one or more property owners benefiting from the project have been paid to the City. Contributions by property owners shall be subject to the provisions of division (A) (1) above. 17 (B) The City may authorize a City sewerage or drainage system extension project to be constructed by one or more property owners benefiting from the project. A property owner requesting an extension shall apply in writing to the City, describing in detail the scope and purpose of the proposed extension and an analysis of the project feasibility, including an estimate of projected operation and maintenance cost and project revenue related to the project. The applicant shall also file, before final authorization to commence the project is given by the City,detailed project - plans and specifications. The City shall, within 60 days from the filing of the detailed project plans and specifi- cations, either approve or deny final authorization of the project; however, the time limitation may be extended by mutual written agreement of the City and the property owner. The City may deny an application if the project fails to comply with a requirement of this chapter or authorized City regulations, or the project will result in an economic operating loss to the City. Sec. 3. Sewer Service W system extension project area not served, and not City's water system, may by the City Commission. ithout [•rater Service. A sewerage to to be extend sewer service to any be concurrently served, by the initiated only after approval Sec. 4. Design Standards. All plans and specifications relating to sewerage or drainage system extension projects shall comply with established City standards and shall be prepared by a professional. engineer registered in the State of Florida. With respect to projects not designed and con- structed by the City, the property owner authorized to undertake the project shall file with the City a reprodu- cible set of plans showing the completed work, as built. The City Engineer or his designated representative shall make periodic inspections and a final inspection certifying that the work as constructed complies with established City standards, and shall submit a final project approval report to the City. Sec. 5. Construction Standards. All extensions of the City's sewerage or drainage systems shall comply with the following standards. (1) All sanitary sewers, sewerage pumping stations, and related appurtenances or drainage structures installed or constructed under this chapter are to be conveyed to the City and shall be located only in,a public right-of-way, on City -owned property, or in easements acceptable to the City. Where the property is under development, sewerage, or drainage system extensions shall not be installed until the finished grades of the rights-of-way or easements have been established and approved by the City Engineer, and the rights-of-way or easements have been constructed to at least design subgrade. 18 (B) All installations shall be made in a manner and of those materials that are in accordance with standards and requirements established by the City, and all plans, specifications, promises, or construction sites shall be subject to inspection and approval by the City Engineer or his designee at any time during or after completion of construction prior to acceptance by the City. No installa- tion or construction by a property owner shall be accepted by the City as finally approved until there is delivered to the City an affidavit which adequately protects the City's interests against mechanics liens or other liens which might be asserted against the property under applicable law, the form and conditions of the affidavit to be approved by the City Attorney. (C) Every building sewer shall terminate at the owner's property line and shall be installed and connected to the building plumbing by the property owner at his expense. (D) Actual interconnection of the extension with the existing City sewerage system shall be prevented by omitting a connecting section or by placing a temporary bulkhead in the connecting lines until the extension project has been fully inspected and approved and all other conditions for extension of service have been met. (E) All portions of a sewerage system extension project located in a public right-of-way, City -owned property, or a public easement, shall upon installation, become the property of the City, and the filing of an application for approval of construction of a project by a property owner shall be deemed to be consent to the transfer of ownership. The property owner shall execute and deliver to the City deeds or other evidences of ownership that the City may require. No installation on construction by a property owner made pursuant to this chapter shall be accepted by the City as finally approved until there is delivered to the City an affidavit which adequately protects the City's interests against mechanics liens or other liens which might be asserted against the property under applicable law. The forward conditions of the affidavit must be approved by the City Attorney. Section 2. All Charter provisions, ordinances, or parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall become effective on July 1, 1983. Passed by the City Commission on First Reading May 9, 1983 Passed by the City Commission on Second Reading May 23, 1983 19 Passed by the City Commission on Third and Final Reading June 27, 1983 (SEAL) ATTEST: 4. sL,,2,l',' • Adelaide R. Tucker, City Clerk CERTIFICATION 1 certify this to be a true and correct copy of the record in my office. WITNESSETH my hand and official seal of the City of Atlantic each, Florida,. this the,f day of 19 "r' (2ate 2 2c,),�L.City Clerk ORDINANCE NO. 80-82-22 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, THE SANE BEING ESTABLISHING SEWER SERVICE AND CON- NECTION CHARGES; PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE PEOPLE OF ATLANTIC BEACH, FLORIDA: Section 1. That Section 19-2 be amended to read as follows: Section 19-2. Sewer Service Charges The following schedule of charges, per calendar quarter, for sewer service provided or made available by the sewer system of the City is hereby determined to be just and equitable and is hereby adopted and established: (a) Residential users. (1) Single-family residence, $24.00 per quarter. (2) Duplex (two-family) residence, $40.00 per quarter. (3) Each single residence area within a busi- ness building, $24.00 per quarter. (4) Apartments (multiple -family), $24.00 for one unit per quarter; $19.20 per unit per quarter for next three units; $14.40 per unit per quarter for all units over four. (5) Motels, $24.00 per quarter for the first unit (operator's quarters or office or both included); $4.80 per quarter for each unit with a kitchen; $2.40 per quarter for each rentable room without a kitchen. (6) Mobile home park, $24.00 per quarter for the first unit (operator's quarters or office or both included); $14.40 per quarter for each additional unit (trailer space). (b) Special users. (a) Churches, $24.00 per quarter. (b) Elementary schools, $192.00 per quarter. (c) All other users. Aquatic club, barbershops, bars, beauty parlors, business offices, country clubs, filling stations, garages, hotels, industrial plants, kindergartens, restaurants, retail stores and theaters; for each area of a building served by one water meter; a basic charge of $12.00 per quarter, plus additional charges related to metered water usage as follows: Add 200% of water charges to the basic charge of sewer services. (d) Customers outside City. The rates applied to customers outside the City boundaries shall be one and one-half (11/2) times the above rates. Section 2. That Section 19-17 be amended to read as follows: Section 19-17. Established for residential and commer- cial unit. For the purpose of this section, density is rated "high" on living units that contain less than six thousand square feet of land area per living unit. The sewer service connection charge for the following listed living units and commercial units is hereby established: Residences Single-family Apartments Trailers and mobile homes Commercial Connection Charge Low Density $805.00 805.00 805.00 Office buildings Grocery stores Retail shops Theatres (based on seating cap.) Restaurants (based on seating cap.) Service stations Beauty parlors, barbershops Coin-operated laundromats Hotels, motels, etc. High Density $1,035.00 1,035.00 1,035.00 Connection Charge $ 30.00 per 100 sq. ft. 35.00 per 100 sq. ft. 290.00 per rest room 3.50 per seat 14.00 per seat 400.00 per rest room 45.00 per chair 60.00 per single load machine 400.00 per rest room Section 3. This ordinance shall become effective October 1, 1982. is * * * * k * & * k * * * .. * * * k k k Passed by the City Commission on First Reading August 9, 1982 Passed by the City Commission on Second Reading August 23, 1982 Passed by the City Commission on Third and Final Reading September 13, 19132 ATTEST: Adelaide R, Tucker City Clerk (SEAL) ORDINANCE NO. 80-82-21 AN ORDINANCE AMENDING ORDINANCE NO. 80-81-19 AN EMERGENCY ORDINANCE TO PROHIBIT OR CURTAIL NON-ESSENTIAL USES OF WATER AND TO CONSERVE AVAILABLE WATER RESOURCES DURING A DECLARED WATER SHORTAGE AND WATER SHORTAGE EMERGENCY BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. That Ordinance No. 80-81-19 An Emergency Ordinance to Prohibit or Curtail Non -Essential Uses of Water and to Conserve Available Water Resources During a Delcared Water Shortage and Water Shortage Emergency, be and the same is hereby amended, and as amended shall henceforth read as follows: "WHEREAS, the Governing Board of the St. Johns River Water Management District did, by order on May 13, 1981, declare a water shortage condition throughout its nineteen county dis- trict due to the rainfall deficit experienced between the dates of May, 1980 through April, 1981, of between 12 and 22 inches throughout the district as compared to an average year. In addition, Chloride levels evidencing increased salt water intrusion had risen from May, 1980, leading some coastal communities to shut down supply wells. Moreover, potentimetric pressure levels in the Floridan aquifer at many locations were at or near historic low levels; and WHEREAS, in May, 1981, potentimetric pressure throughout the district in the Floridan Aquifer were below recorded historic lows throughout a majority of the district reflecting the lack of rainfall since June 1980, and increased ground water withdrawals surpassing available recharge to the aquifer. The danger of Chloride contamination increases with decreasing water levels; and WHEREAS, Sections 373.175(1) and 373.246(2), Florida Statutes, authorize the Governing Board to declare a water shortage when necessary to prevent serious harm to the water resources of the district and to allocate the remaining water resources among the water users of the district; and WHEREAS, at their regular meeting of July 8, 1981, the Govern- ing Board of the St. Johns River Management District did declare that the voluntary order of May 13, 1981, did not achieve the desired results and issued a mandate order that all public water suppliers in certain areas of the district will reduce pumping by 15% as compared with the average daily flows for the fourteen day period prior to April 30, 1981; and WHEREAS, the order issued on July 8, 1981, has been extended by subsequent orders as recently as Order No. 81-225 on January 13, 1982; and WHEREAS, the City of Atlantic Beach is a public water supplier as defined by regulations of the District and the entire ser- vice area of the system is included in the portion of the district under the 15% pumping reduction mandate; and WHEREAS, it is the full intent of the City Commission of the City of Atlantic Beach to comply with the mandate of the St. Johns River Management District. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The prohibition or curtailment of certain non-essential uses of water shall be restricted or curtailed as set forth by this ordinance and shall be effective only during a water shortage as declared to exist by the St. Johns River Water Management District. Section 2. Irrigation of lawns is prohibited between 9:00 A.M. and 6:00 P.M., unless by discharge from heat pump air conditioning units. (a) Anyone watering a lawn by heat pump which does not have a secondary discharge source shall present proof of this situation and obtain a permit from the City Manager's office identifying such situation. (b) The City Manager shall devise a system to identify owners of heat pump air conditioning unit watering systems and the City Clerk is authorized to charge a reasonable administrative fee to defray any expenses incurred. Section 3. Pursuant to Order No. 81-225 of the St. Johns River Water Management District paragraph 1.b(1), for those utilizing water for irrigation in the growing of ferns, ornamentals, flowers, foilage, and turf grass (including cemeteries and golf courses), the following water conservation practices shall be required immediately: (a) Irrigation water use on a daily basis shall be reduced by 15% from the average daily pumpage or use during the 14 -day period prior to April 30, 1981. (b) Irrigation is prohibited during the hours between 12:00 Noon and 6:00 P.M., unless extreme weather conditions exist to warrant the use of water for freeze protection during these hours. (c) Irrigation with the use of sewage effluent shall be exempt from the provisions of this section. Section 4. Immediately upon determining that the City water system has exceeded any limitation imposed by the St. Johns River Water Management District the City Manager shall implement and publicly announce the following additional water conservation measures: (a) Lawn watering by City water or private wells be permitted only by this schedule. North of Plaza Road, Mondays, Wednesdays and Fridays, between the hours of 6:00 PM and 9:00 AM the following day. South of Plaza Road, Tuesdays, Thursdays and Saturdays, between the hours of 6:00 PM and 9:00 AM the following day. No water to be permitted on Sundays after 9:00 AM. Section 5. Should the additional conservation measures listed in Section 3 fail to achieve compliance with the limitations imposed by the St. Johns River Water Management District, the City Manager shall implement the following further water conservation measures: (a) The washing of sidewalks, walkways, driveways, parking lots, tennis courts, and all other hard surfaced areas by hosing or by use of water directly from faucets or other outlets, is prohibited except it shall not be unlawful to wash such areas from water contained in a bucket or container not exceeding three gallon capacity. (b) The washing of motor vehicles, trailers, or boats by hosing or by use of water directly from faucets or other outlets, is prohibited except: 1. It shall not be unlawful to wash such motor vehicles, trailers, or boats from water contained in a bucket or container not exceeding three gallon capacity; and 2. This subsection shall not be applicable to the washing of motor vehicles, trailers, or boats at commercial vehicle washing facilities operated at fixed locations. (c) Swimming pools will not be filled or refilled using City water. (d) No water will be permitted to be used from fire hydrants for any construction work or fire drills. Section 6. Any violation of the basic, additional, or further water conservation restrictions contained in this ordinance shall be punishable as defined in Section 1-6 of the Code or Ordinances of the City. Section 7. All ordinances or parts of ordinances in conflict here- with be and the same are, to the extent that same may be in con- flict, hereby repealed. Section 8. This ordinance shall take effect immediately. " .0 .0 J J n� i�� * n i�� n� n * n n� J �� n �n J J ). i� 4 .0 iC .0 iti % iC .0 �: 'n 7: %: iC 3f X Passed by the City Commission on First Reading March 8, 1982 Passed by the City Commission on Second Reading March 22, 1982 Passed by the City Commission on Third and Final Reading April 26, 1982 (SEAL) ATTEST: Adelaide R. Tucker, City Clerk ORD1NA'ICE 1:0. 80-81-20 AN ORDINANCE A1-1E}:DING SECTION 27-12 OF THE ORDIN1.NCE CODE OF THE CITY OF ATLANTIC REACH, PJ-OVIDING FOR AN INCREASE IN FEES TO BE CHARGED BY CITY FOR WATER SERV]CE; PROVIDING AN EFFECTIVE DATE. Section 27-12. Charges for later Service. The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city ,,:aterv.orks system are ;;ereb- found and determined to be and are hereby fined and established 2S follc�_s: (a) Custo_::ers within City. (1) Single units. The minium bill for a single unit shall be for fifteen thousand eallons of water, and shall be nine dollars ($9.00) per quarter. All water used in excess of fifteen thousand gallons shall be charged at the rate of forty-five cents ($.45) per one thousand gallons. (2) Multiple units. For -7ultiple units served through the s; -7.e :-titer, the rates and .-;ini,:'ua:s shall be in accordance with the following scale. All = _cess gal lo- =ge stall he charged for= at the sae rate � �s provided for single units "above. 2 units $13.50 per quarter 3 units $18.00 per quarter 4 units $22.50 per quarter 5 units - $27.00 per quarter 6 units S31.50 per quarter 7 units $36.00 per quarter All units over 7 - S3.75 per for each additional unit 22,500 gallons 30,000 gallons 37,500 gallons 45,000 gallons 52,500 Gallons 60,000 gal]ons quarter 6,250 gal l oars minimum minimum rima um ;pini num minimum minimum per unit mini -:um The effective date for the above schedule and charges shall be January 1, 1982, for minimum rates, and October 1, 1981, for eNcess rates. Passed and adopted on First Reading Passed and adopted on Second Reading Passed (SEAL) September 14, 1981 and adopted on Third & Final Reading September 14, 1981 September 28, 1981 ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE NO. 80-81-19 (EMERGENCY) AN ORDINANCE TO PROHIBIT OR CURTAIL CERTAIN NONESSENTIAL USES OF WATER AND TO CONSERVE AVAILABLE WATER RESOURCES DURING A DECLARED WATER SHORTAGE AND WATER SHORTAGE EMERGENCY WHEREAS, the Governing Board of the St. Johns River Water Management District did, by order on May 13, 1981, declare a water shortage condition throughout its nineteen county district due to the rainfall deficit experienced between the dates of May, 1980 through April, 1981, of between 12 and 22 inches throughout the district as compared to an average year. In addition, Chloride levels evidencing increased salt water intrusion had risen from May, 1980, leading some coastal communities to shut down supply wells. Moreover, potentimetric pressure levels in the Floridan aquifer at many locations were at or near histroic low levels; and WHEREAS, in May,:1981, potentimetric pressure throughout the district in the Floridan Aquifer were below recorded historic lows throughout a majority of the district reflecting the lack of rainfall since June, 1980, and increased ground water withdrawals surpassing available recharge to the aquifer. The danger of Chloride contamination increases with decreasing water levels; and WHEREAS, Sections 733.175(1) and 373.246(2), Florida Statutes, authorize the Governing Board to declare a water shortage when necessary to prevent serious harm to the water resources of the distr-ct and to allocate the remaining water resources among the water users of the district; and WHEREAS, at their regular meeting of July 8, 1981, the Governing Board of the St. Johns River Water Management District did declare that the voluntary order of May 13, 1981, did not achieve the desired• results and issued a mandate order that all public water suppliers in certain areas of the district will reduce pumping by 15% as compared with the average daily flows for the fourteen day period prior to April 30, 1981; and WHEREAS, the City of Atlantic Beach is a public water supplier as defined by regulations of the District and the entire service area of the system is included in the portion of the District under the 15% pumping reduction mandate; and WHEREAS, it is the full intent of the City Commission of the City of Atlantic Beach to comply with the mandate of the St. Johns River Water Management District. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTCC BEACH, FLORIDA: Section I: Certain nonessential uses of water shall be restricted or curtailed during the existence of a water shortage as declared to exist by the St. Johns River Water Management District. These shall include, but not be limited to, the following: 1. The sprinkling, watering or irrigating of shrubberty, trees, lawns, grass, ground covers, plants, vines, and gardens shall be limited to the hours of 6:00 PM - 6:00 AM. Further, such uses of water shall be authorized: a) For property having an odd -numbered street address, only on odd --numbered days. b) For property having an even -numbered street address, only on even -numbered days. c) The provisions of this part shall not apply to those water uses granted water use permits by the District. 2. The escape of water through defective plumbing, which means to knowingly allow water to escape through a system that is in disrepair. 3. The washing of sidewalks, driveways, porches, exterior of homes, apartments or other outdoor surfaces. 4. The washing of business or industrial equipment and machinery, except as required for public health. 5. The operation of any ornamental fountain or other structure using water without a recirculating system. 6. The filling of swimming pools and wading pools except by special permit approved by the City Commission. 7. The washing of automobiles, trucks, trailers, mobile homes, campers, boats or any other type of mobile equipment, except it shall not be unlawful to wash such motor vehicles, trailers, or boats from water contained in a bucket or container not exceeding three gallon capacity, and at a business enterprise established for such purposes. 8. The use of water for dust control, except as required for public health. Section II: Existing heat pump air conditioning unit watering systems shall be exempt from this ordinance upon sufficient proof of privately owned wells. (a) Anyone watering a lawn by heat pump which does not have a secondary discharge source shall present proof of this situation and obtain a permit from the City Manager's office identifying such situation. (b) The City Manager shall devise a system to identify owners of heat pump air conditioning unit watering systems and the City Clerk os authorized to charge a reasonable administrative fee to defray any expenses incurred. Section III: Any person aggrieved by the provisions and enforcement of this ordinance shall have the right to appeal the decision to the City Commission. Section IV: All ordinances or parts of ordinances in conflict here- with be and the same are, to the extent that same may be in conflict, hereby repealed. Section V: This ordinance shall take effect immediately. * 'n n * .a. * * * * * * * * * int n n * is * n * `n is * n is * 'n * Passed and adopted on First and Second Reading, on Emergency, this 27th day of July, 1981. Passed on Third and Final Reading, on Emergency, this 3rd day of August, 1981 ATTEST: ,!GCc, j4 % Adelaide R. Tucker, City Clerk (SEAL) ORDINANCE 80-80-18 AN ORDINANCE ANEMDING SECTION 19-2 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH PROVIDING FOR AN INCREASE IN SEWER SERVICE CHARGES; PROVIDING AN EFFECTIVE DATE. Section 19-2. Sewer Service Charges. The following schedule of charges, per calendar quarter, for sewer service provided or made available by the sewer system of the city is hereby determined to be just and equitable and is hereby adopted and established: (a) Residential users. (1) Single-family residence, -9708 $12.00 per quarter. (2) Duplex (two-family) residence, $$16-29 $20.00 per quarter. (3) Each single residence area within a business building, -$9700 $12.00 per quarter. (4) Apartments (multiple -family), $9709-$12.00 for one unit per quarter; $4:29-$9.60 per unit per quarter for next three units; $5.49 $7.20 per unit per quarter for all units over four. (5) Motels, -$9789-$12.00 per quarter for the first unit (operator's quarters or office or both included); --$1788-$2.40 per quarter for each unit with a kitchen; -$-99-$1.20 per quarter for each rentable room with- out a kitchen. (6) Mobile home park, -$9-80--$12.00 per quarter for the first unit (operator's quarters or office or both included); -$5740-$7.20 per quarter for each additional unit (trailer space). (b) Special users. (a) Churches, -$999-$12.00 per quarter. (b) Elementary shcools,-$7-2790-$96.00 per quarter. (c) All other users. Aquatic club, barbershops, bars, beauty parlors, business offices, country clubs, filling stations, garages, hotels, industrial plants, kindergartens, restaurants, retail stores and theaters: for each area of a building served by one water meter; a basic charge of --$3700-$6.00 per quarter, plus additional charges related to metered water usage as follows: Add 100% of water charges to the basic charge of sewer services. (d) The effective date for the above schedule of charges for sewer service shall be October 1, 1980. Passed by the City Commission on First Reading August 25, 1980 Passed by the City Commission on Second Reading August 25, 1980 Passed by the City Commission on Third & Final Reading,September 8, 1980 (SEAL) ATTEST: Adelaide R. Tucker, City Clerk Sewers and Sewage Disposal CHAPTER 19. SEWERS AND SEWAGE DLSPOSAL. 1 Article I. City Sewer System. § 19-1. When sewer connections required; connections to comply with Plumbing Code; connection permit; right of city to refuse con- nection to industrial property. § 19-2. Sewer service charges. § 19-3. Introduction of certain substances into sewers prohibited; surcharge for industrial wastes. § 19-4. Service to premises outside city; charges for outside -of -city service. § 19-5. Billing for sewer charges; when payable; failure to pay bill when due; water and sewer service to be discontinued for failure to pay bill. § 19-6. Service charge to restore service after discontinuation for failure to pay bill. § 19-7. Free sewer service not to be rendered; exception. § 19-8. Discontinuance of service upon request when occupant absent from premises. § 19-9. Additional rules and regulations. Article II. Sewage Disposal Systems Where City Sewers Not Available. § 19-10. Permit for sewage disposal system --Required; prerequisite to issuance of building permit. § 19-11. Same --Application; plot plan required. § 19-12. Same --Fee. § 19-13. Same --Percolation test required. 19-14. Same --Issuance. § 19-15. System to be constructed in accordance with permit; installation not to be covered prior to inspection. § 19-16. Maintenance of system. Article III. Connection Charges. § 19-17. Established for residential and commercial units. § 19-18. Investment in securities; purpose ofsewer plant fund. 1. For charter provision authorizing city to furnish public utility services and levy charges for the use of such utility services, see Char. § 4(8). For state law as to authority of city relative to sewers, see Fla. Stats. , § 167.01. As to local improvements, see Fla. Stats. , § 170. 01 et seq. As to municipal sewer financing, see Fla. Stats. , § 184. 01 et seq. As to plumbing, see ch. 17 of this Code. As to disposal of waste water from swimming pools, see § 24-7. 155 Supp. #4, 9-72 § 19-1 Atlantic Beach City Code § 19-2 Article I. City Sewer System. Sec, 19-1. When sewer connections required; connections to comply with Plumbing Code; connection per- mit; right of city to refuse connection to industrial property. The owner of any building or structure now or hereafter located on a lot or plot abutting an existing sewer line, or a new line constructed in the future as part of the sewer system, shall connect such building or structure to the city sewer system within one hundred eighty days from the date that such sewer system, or that portion thereof available to serve the premises in question, is completed and goes into oper- ation. The owner, tenant, occupant or user of any such building or structure, or unit thereof, as the case may be, shall thereafter refrain from using and cease to use any other method for the disposal of sewage or sewage waste. Such connection shall be made in accordance with the Plumbing Code of the city, after a permit has been obtained from the building official. No tap or connection shall be made to the city sewer system without the permission of and under the supervision of the plumb- ing inspector. The city reserves the right, however, not to permit connections of any industrial property where the sewage would contain waste matter that could not be adequately treated at a reasonable cost. (Ord. No. 80-65-8, § 4.) Sec. 19-2. Sewer service charges. The following schedule of charges, per calendar quarter, for sewer service pro- vided or made available by the sewer system of the city is hereby determined to be just and equitable and is hereby adopted and established: ter. (a) Residential users. (1) Single-family residence, $9.00 per quarter. (2) Duplex (two-family) residence, $16.20 per quarter. (3) Each single residence area within a business building, $9.00 per guar - (4) Apartments (multiple -family), $9.00 for one unit per quarter; $7.20 per unit per quarter for next three units; $5.40 per unit per quarter for all units over four. (5) Motels, $9. 00 per quarter for the first unit (operator's quarters or of- fice or both included); $1.80 per quarter for each unit with a kitchen; $. 90 per quar- ter for each rentable room without a kitchen. (6) Mobile home park, $9.00 per quarter for the first unit (operator's quar- ters or office or both included); $5.40 per quarter for each additional unit (trailer space). 156 Supp. #4, 9-72 § 19-3 Sewers and Sewage Disposal § 19-4 (b) Special users. (a) Churches, $9.00 per quarter. (b) Elementary schools, $72.00 per quarter. (c) All other users. Aquatic club, barbershops, bars, beauty parlors, busi- ness offices, country clubs, filling stations, garages, hotels, industrial plants, kindergartens, restaurants, retail stores and theaters; for each area of a building served by one water meter; a basic charge of $3.00 per quarter, plus additional charges related to metered water usage as follows: Add 100% of water charges to the basic charge of sewer services. (Ord. No. 80-65-8, § 1; Ord. No. 80-71-9, § 1; Ord. No. 80-71-10, § 1.) Sec. 19-3. Introduction of certain substances into sewers prohibited; surcharge for industrial wastes. The introduction of gasoline or other explosive solvents or light oils, feathers from poultry houses, hair from tanneries and sludge from water -softening and acety- lene generating plants into the sewer system of the city is prohibited. Industrial users which introduce strong wastes (chemicals which impede normal sewage diges- tion and suspended solids in above average sewage content) shall be subject to a sur- charge, based upon analysis by a competent public works engineer, at rates to be specified by the city commission. (Ord. No. 80-65-8, § 2.) Sec. 19-4. Service to premises outside city; charges for outside -of -city service. (a) No sewer connection shall be made to any lot or tract beyond the city limits without approval of the city commission. Such approval will not be given unless city water service is also supplied to such lot or tract. (b) Prospective users residing outside the city shall undertake construction of sanitary sewer lines and manholes (if necessary) adequate to serve the needs of their area, lot or tract, designed so as to connect with the city system at a point on or near the city limits line; all to be in accordance with plans, specifications and fi- nancing procedures acceptable to the city commission. 157 Supp. #3, 2-72 § 19-5 Atlantic Beach City Code § 19-8 (c) Upon connection to the city sewer system, outside -of -city users will be charged the applicable rates specified in section 19-2, increased by fifty percent. Charges shall be billed quarterly, along with water service charges, in the same forth and manner as billing of "in -city" users. (Ord. No. 80-65-8, § 3.) Sec. 19-5. Billing for sewer charges; when payable; failure to pay bill when due; water and sewer service to be discontinued for failure to pay. bill. Sewer service charges for the use of the facilities of the city sewer system shall be billed and collected by the city as an added and designated separate item upon the water service bill for the respective quarter or billing period in accordance with the established rates, and such sewer service charges shall be due and payable on the first day of each billing period, which is the time water service charges are due and payable to the city. The user of water service shall be required to pay the sewage service charges at the same time the water service charges are made, and is not permitted to pay the water service charges without the payment of the sewage serv- ice charge. In the event that any sewage service charges remain unpaid thirty days after the due date thereof, the water service or sewer service, or both, to the build- ing or structure or units thereof affected shall be discontinued, and such services to such building or structure or units thereof shall not be restored until such time as all sewage service charges due shall have been paid. One month is the minimum pe- riod for which sewer and water service may be billed. (Ord. No. 80-65-8, § 5.) Sec. 19-6. Service charge to restore service after discon- tinuation for .failure to pay bill. A service charge of two dollars shall be made each time water service is re- stored and a reasonable charge each time sewer service is resi.or=e' after having been discontinued for nonpayment of sewage service charges. (Ord. No. 80-65-8, § 6.) Sec. 19-7. Free sewer service not to be rendered; exception. There shall be no free service rendered by the city sewer system; provided, that units of the city government are not required to pay for such service. (Ord. No. 80-65-8, § 7. ) Sec. 19-8. Discontinuance of service upon request when occupant absent from premises. The city manager shall, on request, discontinue sewage service to any user of the city sewer system during any period of absence of such user or to the occupant of the premises served, provided the water service is also discontinued, and restore such service to such user upon such terms and conditions and upon the payment of such charges for discontinuance and restoration and during such period of no serv- ice as he shall determine and which shall be approved by the city commission. (Ord. No. 80-65-8, § 8.) 158 Supp. #3, 2-72 § 19-9 Sewers and Sewage Disposal § 19-14 Sec . 19-9. Additional rules and regulations. The city commission may , by resolution from time to time, prescribe rules and regulations not inconsistent with this article concerning billing, collection and enforcement of collection of sewage service charges, 'and rules concerning connections of buildings and structures to the sewage system, including the im- position of reasonable charges in making such connections. (Ord. No, 80-65- 8, § 9.) Article II. Sewage Disposal Systems Where City Sewers Not Available. Sec. 19-10 . Permit for sewage disposal system --Required; prerequisite to issuance of building permit. No building permit for the construction of any building or structure, out- side the area served by the city sanitary sewer system, in which sanitary faci- lities will be installed or required, shall be issued until a sewage disposal sys- tem permit is first obtained. (Ord. No. 55-59-3, § 1.) Sec. 19- 11 . Same --Application; plot plan required. Any person desiring to construct in the city a sewage disposal system shall make application to the building official of the city for a permit to construct such system. There shall be submitted a plot plan and such other information as may be required by the building official. Such application shall be accompanied by an application to the county health department for a permit for the construction of such system on the form provided by such department. (Ord. No. 55-59-3, § 2 ) Sec. 19- 12. Same --Fee. Every applicant for a permit for the construction of a sewage disposal sys- tem shall pay to the city, upon the filing of his application, a fee of five dollars (Ord. No. 55-59-3, § 7.) Sec. 19- 13. Same --Percolation test required. Upon receipt of an application as hereinabove provided for, the building official shall cause to be made a percolation test as prescribed by the county health department. The results of this test, the application of the health department and recommendation of the building official shall be forwarded to the county health department, and the applicant shall be notified of this action and advised to con- tact the county health department to obtain a permit to construct such sewage disposal system. (Ord. No. 55-59-3, § 3.) Sec. 19-14. Same --Issuance. Upon presentation of a county health department septic tank permit, the building official may then issue a building permit. (Ord. No. 55-59-3, § 4.) 159 -Supp. #7, 5-78 § 19-15 Atlantic Beach City Code § 19-17 Sec. 19-15. System to be constructed in accordance with permit; installation not to be covered prior to inspection. Every sewage disposal system constructed pursuant to this article shall be constructed in accordance with the requirements set out on the septic tank permit and such installation shall not be covered with earth until inspected by the building official. (Ord. No. 55-59-3, § 5.) Sec. 19-16. Maintenance of system. Notwithstanding the issuance of any permit for the construction of any dis- posal system and the approval of the construction thereof by the building official, the owner and the contractor who shall have constructed the same for the owner shall at all times be and remain responsible to the city for the proper functioning of such system, and the owner shall nevertheless at all times maintain the system in accordance with the requirements of this Code and chapter 5 of the Florida State Sanitary Code. (Ord. No. 55-59-3, § 6.) Article III. Connection Charges. Sec. 19-17. Established for residential and commercial unit. For the purpose of this section density is rated "high" on living units that contain less than six thousand square feet of land area per living unit. The low density rate applies to six thousand or more square feet of land area per living unit. The sewer service connection charge for the following listed living units and commercial units is hereby established: Residences (per living unit) Single-family Apartments Trailers and mobile homes Commercial CONNECTION CHARGE LOW DENSITY HIGH DENSITY $700.00 700.00-- 700.00 Office buildings .... . . . $ 25 Grocery stores 30 Retail shops 250 Theatres (based on seating capacity) 3 Restaurants (based on seating capacity)12 Service stations 350. Beauty parlors, barbershops40. Coin-operated laundromats 50. Hotels, motels, etc......... .......... 350. (Reso. No. 72-14, § 2; Ord. No. 80-74-12, § 1; Ord Ord. No. 80-77-16, § 1.) $900.00. 900.00 900.00 CONNECTION CHARGE .00 per 100 sq. ft. .00 per 100 sq. ft. .00 per rest room .00 per seat .00 per seat 00 per rest room 00 per chair 00 per single load machine 00 per rest room No. 80-76-13, § 1; 160 Supp. #7, 5-78 § 19-18 Sewers and Sewage Disposal § 19-18 Sec. 19-18. Investment in securities; purpose of sewer plant fund. The city treasurer is hereby directed to receive such connection charge and cause same to be invested in interest-bearing securities that are most advantageous to the city's interest. Such securities shall be entitled "City of Atlantic Beach, Sewer Plant Fund." The sole purpose of such "Sewer Plant Fund" shall be used for capital improvements to the sewer plant. (Reso. No. 72-14, § 1; Ord. No. 80-76-13, § 2; Ord. No. 80-77-16, § 2.) 160.1 Supp. #7, 5-78 ORDINANCE NO: 60-81-4 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER THIRTY, ENTITLED SIGNS AND ADVERTISING STRUCTURES; BY ADDING THERETO, AS EXEMPT, PUBLIC SERVICE BENCHES, AND THE REGULATION THEREOF; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH: Section 1. Chapter 20-1 is hereby amended by adding thereto sub- section (o) to read as follows: Signs posted on Public Service Benches; said advertising signs shall be regulated on such benches by contract by the City Commission, City of Atlantic Beach. " Section 2. This Ordinance shall be effective upon its final passage. tzhxz,1-6,2 4-21 L -4 -- Passed on first reading on June 22, Passed on Second reading on June 22, Passed on Third and final reading on July 1 CITY CLERK 1981 1981 1981. O 20-1 Signs and Advertising Structures § 20-1 CHAPTER 20. SIGNS AND ADVERTISING G'I`DDCTDRE8. 1 § 20-1. Certain signs exempted from operation of chapter. § 20-2. Signs permitted. § 20-3. Sign permits—Required. § 20-4. Same—Application. § 20-5. Same --Fees. § 20-6. Bond or public liability insurance required for certain signs. § 20-7. Fire and traffic hazards; interference with use of streets and sidewalks. § 20-8. Obstruction of vision at intersections; obstruction of view of traffic signs or signals; confusion with traffic signs or signals. § 20-9. Obscene, etc. , signs prohibited. § 20-10, Maintenance generally; removal of damaged signs. § 20-11. Obstruction of doors, windows and fire escapes. § 20-12. Signs,' posters, etc. , prohibited on sidewalks, utility poles, vrulla, etc.; exception as to legal notices. § 20-13. Minirnum height above sidewalks; maximum projection. § 20-14. Dlinkor, beacon and spot lights. § 20-15. Signs to be firrnly secured. § 20-I6' Setback requirements; compliance with Electrical Code; electrical permits required for neon and electric signs. § 20-17. Electrical wiring to be done by licensed electrician. § 20-18. Static electricity. § 20-I9. Proximity toelectrical conductors. § 20-20, False or misleading advertising. § 20-31. i -ear of sign structure to be concealed. § 20-22. Only specified signs permitted. h20-23. Occupational license required to construct or erect signs. §. 20-24. Nonconforming signs. Sec. 8O -l. Certain signs exempted from operation of chapter. The following, signs are expressly excluded from the operation of this chapter; (a) Decals affixed to or signs painted on store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (b) Signs wholly within a building. (c) Memorial olgua, tablets or plaques, or the name of a building and the date of erection, when the same are out into any masonry surface or when constructed of bronze or other incombustible material. 1. As to advisory planning board, see 05 2-6 to 2-I1 of this Code. As to license fees for outdoor advertising, see § 10-5. 161 § 20-1 Atlantic Beach City Code § 20-1 (d) Small professional name plates for physicians, surgeons, dentists, musi- cians, lawyers, architects, teachers and other like professional persons placed on the premises occupied by such persons, and not exceeding more than one square loot in area, in all areas except business or industrial zones. (e) Occupational signs denoting only the name and profession of an occupant in a commercial building or public institutional building, placed flat against the exterior surface of the building and not exceeding three square feet in area. (f) Not more than one real estate sign advertising the sale, rental or lease of only the premises on which it is maintained. Such sign shall not be more than four square feet in area and shall conform to required setback lines. (g) Signs noting the architect, engineer or contractor when placed uponunder construction; provided, that such sign shall be removed within fifteen days of comple- tion of construction. Such signs shall not be larger than necessary to display the names of persons or firms performing labor or supplying materials to the premises. (h) Traffic signs, legal notices, danger signs and temporary emergency or non - ad veri ising signs, erected by the city, county, state or federal authorities. (i) "No Trespassing" and "Private Property" signs not exceeding sixty-six square inches in area. (j) ''Vacancy" or "No Vacancy" signs not exceeding sixty-six square inches in area. (k) Directional signs of any religious, charitable, fraternal or ci'. is o-rganiza- tions or business establishments operated within the city, having a meeting place, club house or other site within the city for the purpose of indicating the place where such club house, meeting place or site is located in the city. Such directional signs cl ill not exceed three feet by four feet and not more than ten feet in overall height above ground level. These directional signs shall not exceed four in number for each business or organization and shall be no less than one thousand feet from another di- rectional sign of the same business or organization. Any directional sign existing on May 13, 1968, shall be allowed to remain until such time as the condition of the sign becomes unsafe, unsightly or in need of major repairs, at which time it shall be re- moved. Structural repairs to existing signs shall not be made without a permit. Before any directional signs can be installed after May 13, 1968, a permit shall be o?''.ained froln the city specifying design, lighting, if any, and location. (1) Bulletin boards not over fifteen square feet in area for public, charitable or religious institutions, when the same are located on the premises of such institutions. (m) Signs announcing the candidacy of a candidate for public office not exceeding four square feet in area. Such signs shall be limited to four locations within the city for each candidate, and written authorization from the property owner for placing any such sign shall be obtained and filed with the city manager by the candidate or his agent. The placing of such signs on public property is expressly prohibited. All per- mitted signs will be removed by the candidate within seventy-two hours after final eection. 162 § 20-2 Signs and Advertising Structures § 20-2 (n) Signs erected at entrances to subdivisions or new developments which con- tain not less than ten houses or lots. Any such signs shall not exceed twenty-four square feet in area. (Ord. No. 60-66-1, § 2; Ord. No. 60-68-2, § 1.) Sec. 20-2. Signs permitted. (a) Signs displayed or erected which advertise the particular building or prop- erty on which the sign is located, or some merchandise or service dispersed or ren- dered on the same premises on which the sign is located, are permitted, subject to subsection (b) of this section and all other provisions of this chapter. No other bill- board, sign, marquee, canopy or awning sign of any kind, except those signs speci- fically exempted in section 20-1, shall be displayed or erected in the city. (b) The following signs (other than those exempted under section 20-1) are per- mitted in the city, subject to the restrictions set out below: (1) Plat signs. A "flat sign" is any sign erected parallel to the face of or on the outside of any building and supported through its length by such wall, or any sign in any way applied flat against a wall. Such signs shall not in any case project more than twelve inches from the face of the building, nor shall they extend above the adjoining eave line on a building with a pitched roof. No portion of any such sign which extends over city property shall be less than eight feet above the sidewalk grade of any street or avenue, or fifteen feet above the crown grade where such sign is located parallel to and abutting on an alley. No flat sign shall utilize or occupy an area greater than fifteen percent of the side of the building to which such sign is at- tached. (2) Horizontal projecting signs. A "horizontal projecting sign" is any sign projecting at an angle from the outside wall of any building and which has its greatest dimension in a horizontal plane. Such signs shall not have more than sixty square:. feet of horizontally projected area, as calculated from any angle. There shall be not over twelve inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. No part of such sign shall extend above the top of the adjoining parapet wall on a building with a flat roof or above the adjoining eave line on a building with a pitched roof. No part of any such sign shall be closer than eight feet to any sidewalk or pedestrian walk- way, nor closer than twelve feet to any street, alley or highway where vehicular traf- fic may rnove. All such signs shall be anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. (3) Vertical projecting signs. A "vertical projecting sign" is any sign pro- jecting at an angle from the outside wall of any building and which has a vertical dimension equal to or exceeding the horizontal dimension. Such signs shall not have more than ninety square feet of horizontally projected area, as calculated from any angle; and shall not project more than four feet from the building to which they are attached, nor shall the vertical height of such sign exceed eighteen feet. No part of any such sign shall extend more than six feet above the top of the adjoining parapet 163 § 20-3 Atlantic Beach City Code § 20-3 wall or a building with a flat roof, no more than six feet above the adjoining eave line on a building with a pitched roof. All such signs shall be anchored to the wall and shall not be connected to or suspended from the roof of any building. (4) Roof signs. A "roof sign" is any sign erected completely over the roof of any building. Such signs shall have not more than one hundred eighty square feet of horizontally projected area, as calculated from any angle. The overall height above the roof shall not exceed fourteen feet. Any such sign shall have a clear space immediately above the roof of not less than seventy-five percent of its length. Roof signs shall be placed so that the least distance from any building line measured per- pendicular to the face of the sign shall not be less than the total height above the roof. No roof sign shall extend horizontally past the building lines of the roof. (5) Pole signs. A "pole sign" is any sign erected on one or more poles and which is wholly or partially independent of any building for support. Such signs shall have not more than one hundred eighty square feet of horizontally projected area, as calculated from any angle, and shall be limited to one square foot of area for each lineal foot of frontage of the lot on which such signs are placed. The height of any self-supporting sign shall not exceed thirty-five feet. One such pole sign shall be al- lowed on the street side of each lot; provided, that where a lot faces on more than one street, then one such sign shall be permitted on each street side of such lot. Where a pole sign is located on property used as a shopping center, such pole sign shall be limited in area to one square foot of area for each lineal foot of frontage of the lots or parcel of land upon which such shopping center is located and on which such pole signs are placed; provided, that no pole sign for such shopping center shall exceed three hundred square feet of horizontally projected area, as calculated from any angle. For the purposes of this chapter, a shopping center is defined as a group of stores or businesses, two or more in number, which are housed in one or more buildings which are set back from the street or highway on which such building or buildings shall have their maximum frontage a distance of not less than one hundred feet, and on which setback area motor vehicle parking is permitted for customers of the business carried on on such premises. (6) Marquee or awning igns. A "marquee or awning sign" is any sign placed fiat along and on the edge of a marquee or an awning. Such signs shall have a mini- mum clearance of eight feet above any area where pedestrians may walk, and such signs shall not extend below the bottom edge of the marquee or awning. (Ord. No. 60-66-1, § 3.) Sec. 20-3. Sign permits --Required. It shall be unlawful for any person to install, alter or relocate any sign, mar- quee, canopy, awning or other advertising structure permitted under section 20-2 without first obtaining a permit from the city manager and making payment to the city clerk of the required fee. All illuminated signs shall, in addition, be subject to the provisions of the city Electrical Code and any permit fees required thereunder. (Ord, No. 60-66-1, § 4.) 164 § 20-4 Signs and Advertising Structures § 20-4 Sec. 20-4. Same--ApJ?lication. Application for sign permits shall be made upon blanks provided by the city man- ager, and shall contain or have attached thereto the following information: (a) The name, address and telephone number of the applicant. (b) Whether the applicant is the owner or lessee, and if the latter, show au- thority'fror"n the owner. (c) The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. (d) A plot plan showing the position of the sign or other advertising structure in relation to nearby buildings or structures. (e) A blueprint or ink drawing of the plans and specifications and method of con- struction and attachment to the building or in the ground. (f) The name of the person erecting the structure. (g) Any electrical permit required and issued for such sign. (h) Registered engineer's drawings must be submitted with applications for roof signs over fifty, square feet in area, and for any sign the top of which is more than seventeen feet above the ground or weighing more than one thousand pounds, or any solid sign of'aiea more than thirty square feet, showing that such sign will be erect- ed to withstand a wind pressure of at least thirty --five pounds per square foot and that the weight of such sign will be amply supported by the roof of the building or the ground support on which it is to be erected. (1) Such other information as the city manager shall require to show full com- pliance with this chapter and all other laws and ordinances of the city,. (j) When a permit is issued for the erection or maintenance of any sign which is to be located on the right of way of any state highway in the city, it. shall be under- stood that such permit does not waive any requirements of state law or rules and regulations of the state road department with reference to maintaining signs within any state highway right of way. (k) Sign area shall be computed as the smallest square rectangle, triangle, circle or combination thereof which will encompass the entire advertising area ex- cluding architectural trim and structural supports. When computing sign area, only one side of a sign containing two faces shall be computed. (Ord. No. 60-68-2, §§ 2, 3.) 165 § 20-5 Atlantic Beach City Code § 20-6 Sec. 20-5. Same --Fees. Fees to be paid for sign permits shall be as follows: (a) (h) Neon and electric signs: 15 square feet or fraction thereof Over 15 square feet to 30 square feet Over 30 square feet to 45 square feet Over 45 square feet to 60 square feet Over 60 square feet Vertical signs with ladder $ 3.00 4.50 6. 00 10. 00 15. 00 25.00 Nonelectric detachable signs and pole and self-supporting signs: First 6 square feet or fraction thereof $ 1.00 Over 6 square feet to 12 square feet, inclusive 2. 00 Over 12 square feet to 20 square feet, inclusive 3. 00 Each additional square foot or fraction per square foot . 10 (c) Marquee or awnings: Per lineal foot M\li li_muin fee $ .20 3. 00 (d) Neon display and outline lighting, including transformers: (e) Up to and including 3 transfo uners Each addi_tiongl_ transformer Painted wall signs on buildings: Up to and including 100 square feet Each additional 100 square feet, or fraction thereof (Ord. No. 60-66-1, § 4.) $ 3.00 1. 00 $ 1.50 1.50 Bond or jublic liability insurance required for certain signs. (a) Bond. The owner or person in control of any sign whatsoever, suspended over or extending into any public right of vvay rnore than one foot beyond the property line, and the owner of any sign described in section 20-4, shall execute a bond in the sum of ten thousand dollars, with sureties approved by the city manager, indemni- fying the city against. all loss, cost, damage or expenses incurred or sustained by, or judgments recovered against, the city, or by any of its officers, employees, ap- pointees or servants, by reason of the construction or methods of any signs whatso- ever, and also conditioned to indemnify any person for any injury sustained by reason of such construetion ormaintenance. 166 § 20-7 Signs and Advertising Structures § 20-12 (b) Insurance. In lieu of the bond required in subsection (a) of this section, there may be substituted therefor public liability and property damage insurance by any insurance company authorized to do business in this state in the same amounts and with the same conditions as required by subsection (a) of this section. (Ord. No. 60-66-1, § 6.) Sec. 20-7. Fire and traffic hazards] interference with use of streets and sidewalks. No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks. (Ord. No. 60- 66-1, § 4.) Sec. 20-8. Obstruction of vision at intersections; obstruc- tion of view of traffic signs or 'signals; con- fusion with traffic signs or signals. No sign or other advertising structure permitted by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic, sign, signal or device, or which makes use of any word or words commonly used on traffic -control signs or signals. (Ord. No. 60-66-1, § 4.) Sec. 20-9. Obscene, etc. , signs prohibited. No sign shall display any statement, word or character or illustration of any obscene, indecent or immoral nature. (Ord. No. 60-66-1, § 4. ) Sec. 20-10. Maintenance,general ; removal of damaged signs. All ,:signs shall be kept in good condition, neat appearance and good state of re- pair. Any sign at least twenty --five percent destroyed shall be immediately removed at the owner's expense and a new permit secured before the sign is replaced. If not repaired within thirty clays after written notice from the city manager, the sign shall constitute a public nuisance and shall he removed. (Ord. No. 60-66-1, § 4.) Sec 20-11. Obstruction of doors, windows and fire escapes. No sign shall be attached to or placed against a building in such a manner as to prevent ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (Ord. No. 60-66-1, § 4.) Sec. 20-12. Signs, postersetc. , prohibited on sidewalks utility poles, walls, etc. exception as to legal notices. No person shall paint, paste, print, nail or fasten, in any manner whatsoever, 167 § 20-13 Atlantic Beach City Code § 20-17 any banner, sign, paper or any advertisement or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, pavement or any other por- tion or part of any sidewalk or street or upon any tree, lamppost, private wall, win- dow, door, gate, fence, telephone or telegraph pole, hydrant, workshop or tool shed or upon any structure within the limits of any streets within the city, unless other- wise permitted under this chapter. Legal notices required by law to be so posted are hereby excepted. (Ord. No. 60-66-1, § 4.) Sec. 20-13. Minimum height above sidewalks; maximum projection. No sign of any kind shall be permitted to extend into or above or be anchored or placed in any portion of the right of way of a city street or public sidewalk (except official city, state and county signs) unless such signs be permanently attached to an existing building and be located more than eight feet above the sidewalks or finished grade, and extend not more than eight feet in a horizontal direction from the building to which attached, and in no case closer than one foot to the curb line. (Ord. No. 60-66-1, § 4.) Sec. 20-14. Blinker, beacon and spot lights. The use of flashing, revolving or blinker -type outdoor lights of any type, within one hundred fifty feet of any right of way conducting vehicular traffic within the city, is prohibited. No spot, beacon or flood light shall be permitted except where such beacon, spot or flood light is nonrevolving and in a fixed position, and shines only on the owner's premises and away from any street or roadway. All police vehicles, am- bulances and other official safety vehicles are exempt from the provisions of this sec- tion. (Ord. No. 60-66-1, § 4.) Sec. 20-15. Signs to he firmly secured. All signs permitted to be erected under this chapter shall be firmly secured to the ground or structure upon which the same are placed. (Ord. No. 60-66-1, § 4.) Sec. 20-16. Setback requirements; compliance with Electrical Code; electrical permits required for neon and electric signs. All advertising signs shall meet all setback requirements of the City Building Code or chapter 28 of this Code. All neon and electric signs shall meet the provi- sions of the Electrical Code of the city and have an electric pet nit for construction. • (Ord. No. 60-66-1, § 4.) Sec. 20-17. Electrical wiring to be done by licensed elec- trician. All electrical wiring, electrical connections and electrical appurtenances per- taining to the installation and maintenance of neon lighting and electric signs of all types shall be installed by an electrician licensed by the city. (Ord. No. 60-66-1, § 4.) 168 § 20-18 Signs and Advertising Structures § 20-23 Sec. 20-18. Static electricity. No sign shall be constructed or maintained of which all or any part causes static electricity or otherwise interferes with radio or television reception. (Ord. No. 60- 66-1, § 4.) Sec. 20-19. Proximity to electrical conductors. No sign shall be erected closer than five feet to any overhead electrical conduc- tor, where the difference in potential between any two conductors or between one con- ductor and ground exceed four hundred eighty volts. (Ord. No. 60-66-1, § 4.) Sec. 20-20. False or misleading advertising. 2 It shall be unlawful for any person to display untrue, false or misleading state- ments upon signs, billboards or other public places, calculated to mislead the pub- lic as to anything sold, any services to be performed or information disseminated. The fact that any such sign or display shall contain words or language sufficient to mislead an ordinary person in reading same shall be prima facie evidence of a'vio- lation of this section by persons displaying such signs or permitting the same to be displayed at their residence, establishment or place of business. (Ord. No. 60-66- 1, § 4.) Sec. 20-21. When rear of sign structure to be concealed. Where the rear of any sign structure is visible from any street or from any ad- joining residential district in the city, all exposed structural members of any such sign jha11 be concealed by painting, latticework or as otherwise agreed to with the city manager. (Ord. No. 60-66-1, § 4.) Sec. 20-22. Only specified signs permitted. All signs and banners not specifically provided for in this chapter shall not be permitted within the city. (Ord. No. 60-66-1, § 4.) Sec. 20-23. Occupational license required to construct or erect signs. No person who is engaged in the sign business shall construct or erect any sign within the city without first having obtained an occupational license for such occupa- tion. This section shall not apply to those employed by a person or firm who is li- censed in the city for such business. (Ord. No. 60-66-1, § 7. ) 2. For state law as to misleading advertisements, see Fla. Stats. § 817. 06. 169 § 20-24 Atlantic Beach City Code § 20-24 Sec. 20-24. Nonconforming signs. All signs and billboards for which permits were issued by the city which are made nonconforming by the enactment of this chapter may remain nonconforming until such time as their condition requires replacement, relocation or material re- pair thereto, whereupon such signs shall then be made to conform with the provisions of this chapter. (Ord. No. 60-66-1, § 8; Ord, No. 60-68-3, § 1.) 170 § 21-1 Solicitors § 21-3 CHAPTER 21. SOLICITORS. 1 § 21-1. "Solicitor" defined. § 21-2. Registration and fingerprinting required. § 21-3. Fees. § 21-4. Issuance of permit. § 21-5. Revocation of permits. § 21-6. Prohibited acts. § 21-7. Exceptions. Sec. 21-1. "Solicitor" defined. The term "solicitor" means a person who goes from door to door visiting multi- family or single-family dwellings for the following purposes: (a) To sell any goods, wares or merchandise or accept subscriptions or orders therefor. (b) To accept or request donations for any charitable purpose. Sec. 21-2. Registration and fingerprinting required. All persons, before entering into or upon a residential premises within the city for the purpose of soliciting, shall register with the city clerk and furnish him with the following: (a) The name, local and permanent addresses, age, race, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant. (b) The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale. (c) The name and address of the employer or organization represented. (d) A statement as to whether the applicant has been convicted of any felony or misdemeanor, and if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor. (e) A complete set of fingerprints taken by the chief of police. Sec. 21-3. Fees. A fee of five dollars to cover the cost of investigation of the applicant and pro- cessing of the application shall be paid to the city clerk when the application is filed, and shall not be returnable under any circumstances. 1. For state law as to solicitation of funds for charitable organizations, see Fla, Stats. , §§ 496. 06, 496. 11. 171 § 21-4 Atlantic Beach City Code § 21-7 Sec. 21-4. Issuance of permit, Upon furnishing the information and fingerprints required under section 21-2, the applicant shall be issued a permit, unless the information furnished in compli- ance with this chapter shows that the applicant has been convicted of a crime involv- ing moral turpitude. A permit issued under this chapter shall be good for one year from the date of issuance, unless earlier revoked as provided in this chapter. Every solicitor shall carry his permit with him at all times while engaged in soliciting, and shall display the same to any person who shall demand to see the same while he is so engaged. Sec. 21-5. Revocation of permits. The city clerk or his designated agent shall revoke any permit issued under this chapter if he finds that the permittee has given false information or has knowingly withheld information in obtaining the same or upon violation of any portion of this chapter. Sec. 21-6. Prohibited acts. No person shall: (a) Enter into or upon residential premises in the city under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares or merchandise. (b) Remain in or on any residential premises after the owner or occupant has requested any such person to leave. (c) Enter upon any residential premises for soliciting, when the owner or occu- pant has displayed a "No Soliciting" or "No Peddlers" sign on such premises. (d) Engage in the practice of soliciting in the city without a permit as provided for in this chapter. Sec. 21-7. Exceptions. The provisions of this chapter shall not apply to: (a) Any person who visits any residence or apartment at the request or invita- tion of the owner or occupant thereof. (b) Unpaid members of any civic or charitable organization who are registered as such with the city clerk and the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented. 172 § 21-7 Solicitors § 21-7 (c) Newsboys soliciting subscriptions to any newspaper for home delivery with- in the city. (d) Route deliverymen who make deliveries at least once a week to regular cus- tomers and whose solicitation is only incidental to their regular deliveries. (e) Solicitors or agents of life or other insurance companies who hold a license issued by the insurance commissioner of the state. 173 § 22-1 Streets and Sidewalks § 22-2 CHAPTER 22. STREETS AND SIDEWALKS. 1 § 22-1. Obstructing streets and sidewalks. § 22-2. Permit required for parades and processions. § 22-3. Depositing of glass, nails, mud, etc. , on streets prohibited. § 22-4. Digging up streets prohibited; exception as to public utilities; permit required of public utilities. Sec. 22-1. Obstructing streets and sidewalks. No person shall obstruct the free passage of persons or vehicles over any street, sidewalk or other public way by any means whatsoever, except pursuant to a permit issued by the city manager, and only in accordance with the terms of such permit and any conditions attached thereto. Sec. 22-2. Permit required for parades and processions. No procession or parade, except the United States armed services, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this Code which may apply. The chief of police shall issue such permit only after the approval for such issuance is given by the city manager, following a recommendation for the issuance of such permit to the city manager by the chief of police. 1. For charter provision authorizing city to construct and maintain streets, alleys, sidewalks, etc. , and regulate and control the use thereof, see Char. , § 4(15). For state law as to powers of city over streets, sidewalks, etc. , see Fla. Stats. , §§ 167. 01, 167. 02, 167. 09, 167. - 21, 167. 25. As to use of municipal rights of way by utility companies, see Fla. Stats. , §§ 338. 17 to 338. 20, 362.01, 362.02. As to numbering of buildings, see §§ 6-12 to 6-17 of this Code. As to motor vehicles and traffic generally, see ch. 11. As to damaged sidewalks as nuisances, see § 13-1. As to loitering in, obstructing, etc. , streets and public places, see § 14-7. As to prohibition against signs which interfere with use of streets and sidewalks, see § 20-7. As to signs which obstruct vision at inter- sections, see § 20-8. As to prohibition against signs on sidewalks, see § 20-12. As to minimum height of signs above sidewalks, see § 20-13. 175 § 22-3 Atlantic Beach City Code § 22-4 Sec. 22-3. Depositing of glass, nails, mud, etc. , on streets prohibited. No person shall throw or deposit or cause to be deposited upon any street any glass bottle, glass, nail, tack, wire, can or any other substance likely to injure any person or animal or damage any vehicle upon such street, nor shall any person throw or deposit or cause to be deposited upon any street any soil, sand, mud, gravel or other substances so as to create a hazard to the traveling public. Any person who drops, or permits to be dropped of thrown, upon any street, any destructive, hazard- ous or injurious material, shall immediately remove the same or cause it to be re- moved. Any person removing a wrecked or damaged vehicle from a street shall re- move any glass or other injurious substance dropped upon the street from such ve- hicle. Sec. 22-4. Digging up streets prohibited; exception as to public utilities; permit required of public utilities. No person shall dig into, remove, tear up, deface or damage in any manner whatsoever, except for purposes of city authorized repair, either the surfacing or shoulders on or of any street, avenue, way, driveway, roadway or pathway on any public property of and in the city, or on any property over or upon which the city may now or hereafter be possessed of any easement for any type of public transpor- tation, travel or service; provided, that this section shall not be construed to apply to any public utility (such as electric, gas, water, etc. ,) system which may desire to lay, remove, repair or replace pipes, wiring, or cables, place poles, conduits or meters or install any other necessary equipment requisite to the proper and efficient use of such public utility. A public utility desiring to do any such work shall first procure from the city manager a permit for such operations. (Ord. No. 39, § 1. ) 176 ORDINANCE NO. 67-80-6 AN ORDINANCE AMENDING CHAPTER 23 OF THE ORDINANCE CODE, ENTITLED "SUBDIVISION OF LAND", SECTION 23-1, SUBPARAGRAPH (2), TO PROVIDE FOR THE ADDITION OF ALL DEFINITION OF THE PHRASE "SMALLER THAN". BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SECTION 1. That Section 23-1 Sub (2) of the Code of Ordinances of the City of Atlantic Beach be and is hereby amended by the addition of a sentence defining "smaller than" as follows: "Smaller than shall mean the linear measurement of the combination or recombination of previously platted lots as compared to the linear measurement of the original lot or lots, in which the combination or recombination is proposed to occur." SECTION 2. This ordinance shall be and become effective immediately upon its final passage. Passed hy the City Commission on first reading May 5, 1980 Passed by the City Commission on second reading May 26, 1980 Passed by the City Commission on third and final reading June 9, 1980 (SEAL) Attest: GUi L Adelaide R. Tucker, City Clerk § 23-1 Subdivision of Land § 23-1 CHAPTER 23. SUBDIVISION OF LAND. 1 § 23-1. Definitions. § 23-2. Purpose of chapter. § 23-3. Preliminary plats. § 23-4. Final plats. § 23-5. Standards of design. § 23-6. Minimum required street and drainage improvements. § 23-7. Acceptance of streets and drainage. § 23-8. Required water and sewer facilities. § 23-9. Variations and exceptions. § 23-10. Compliance with chapter. § 23-11. Form of application for plat approval and agreement as to streets. Sec. 23-1. Definitions. For the purposes of this chapter, the followingwords and phrases shall have the meanings respectively ascribed to them by this section; Plat. A map drawing or chart on which the subdivider's plan of the subdivision. is presented and which he submits for approval and intends in final form to record. Subdivision. All divisions of a tract, parcel or lot into two or more lots. Such term also includes any other divisions of land involving the dedication of a new street or other public way or a change in existing streets, alleys, easements for water, sewer or other public improvements; provided, that the following four exceptions shall not be included: (1) The public acquisition of strips of land for the widening of existing streets. (2) The combination or recombination of portions of previously platted lots where no new parcels or residual parcels smaller than any of the original lots are created. (3) The division of land into parcels greater than one and one-fourth acres where no new streets or easements of access are planned. (4) The transference of part of one lot or tract to an adjacent lot or tract; provided, that such transference shall not reduce any lot or tract to an area or width less than the minimum specified in this chapter. (Ord. No. 67-58-1, § 2. ) . For state law as to maps and plats, see Fla. ` Stats.', § 177.01 et seq. As to requirement that taxes be paid on land prior to filing of subdivision plat, see Fla. Stats. § 192.56. As to advisory planning board, see §§ 2-6 to 2-11 of this Code. As to zoning, see ch. 28. 177 § 23-2 Atlantic Beach City Code § 23-4 Sec. 23-2. Purpose of chapter. The procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, adopted and prescribed by this chapter are hereby found by the city commission to be necessary and appropriate in order to pro- vide for economical and sufficient streets with adequate widths and with proper align- ment and grades designed to promote the public safety, health and general welfare, to provide for suitable residential neighborhoods with adequate streets and utilities and appropriate building sites, to save unnecessary expenditure of public funds by initial proper construction of streets and utilities and to provide proper land records for the convenience of the public and for better identification and permanent location of real estate boundaries. (Ord. No. 67-58-1, § 1.) Sec. 23-3. Preliminary plats. Three copies of a preliminary plat based on the design data in section 23-5 shall be submitted to the city commission for approval. The preliminary plat shall show: (a) The location of present property and section lines, streets, buildings, lakes and watercourses. (b) Any existing sanitary and storm sewers, water mains and culverts within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat. (c) The proposed location and width of streets, alleys, lots, building and setback lines and easements. (d) The title under which the proposed subdivision is to be recorded and the name of the subdivider caking the tract to he platted and the name of both his surveyor 9.. nit engineer, if any. (e) North point, scale and date. (f) The contours of the land, based on the mean sea level elevation, and written statements regarding preliminary plans and profiles showing the grades of proposed streets, the facilities for storm water drainage and any other proposed improvements within the subdivision. (Ord. No. 67-58-1, § 3. ) Sec. 23-4. Final plats. A final plat, prepared in accordance with the approved preliminary plat and with chapter 177 of the Florida Statutes and proper agreement regarding street improve- ments and utility construction, shall be approved by the city commission. (The clerk of the circuit court of Duval County will not record any instrument showing a subdi- vision of land inside the city that does not bear the approval of the city commission. ) (Ord. No. 67-58-1, § 3.) 178 § 23-5 Subdivision of Land § 23-5 Sec. 23-5. Standards of design. The design and lay -out of all subdivisions shall conform with the following re- quirements: (a) Relation to adjoining street system. The arrangement of streets in new sub- divisions shall make provision for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be projected on the master plan for the city or deemed necessary by the city commission for public requirements. The width of such streets in new subdivisions shall not be less than the minimum widths established in this chapter. The street and alley arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Off -set streets shall be avoided. Any intersection, of streets having an interior angle of less than ninety degrees shall have an easemenradius. Streets obviously in alignment with existing streets shall bear the names of the existing streets. All proposed street names shall be checked against existing street names to eliminate duplication. (b) Street and alley width. (1) As a minimum requirement for streets and alleys, the plat shall dedicate the following widths: a. Arterial streets, forty feet on each side of the centerline. b. Collector streets, thirty feet on each side of the centerline. c. Minor streets, thirty feet on each. side of the centerline. d. Alleys, ten feet on each side of the centerline. In the event that the city commission finds that traffic conditions and trans- portation requirements so demand, a greater width may be required. (2) Half streets shall not be platted, except to complete an existing half street. (3) Alleys are not recommended in single and two-family residential districts; and when provided, a minimum width of twenty feet shall be required. Alleys are "re- quired in the rear of all business lots and shall be at least twenty feet wide. A five foot cut-off shall be made at all acute angle alley intersections. (c) Easements, Where poles, wires, conduits, storm or sanitary sewers, gas, water or other mains are proposed to be placed in the interior of blocks along lot lines, easements of at least ten feet in width on each side of such lot lines shall be provided, shown on plat and dedicated. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or• other utili- ties or where both water and sewer lines are located in the same easement. 179 § 23-6 Atlantic Beach City Code § 23-6 (d) Blocks. (1) No block shall be longer than twelve hundred feet. (2) There may be established one or more courts, dead-end streets or other arrangements; provided, that proper access shall be given to all lots from a dedicated street or court. A dead-end street shall terminate in a cul-de-sac having a minimum radius of fifty feet. A dead-end street shall not exceed one thousand feet in length. (e) Lots. (1) The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the char- acter of surrounding development. (2) Allside lines of lots shall be at right angles to straight street lines and radial to curved street lines. Lots running from street to street shall not be permit- ted. (3) No lot shall have a width of less than seventy-five feet at the building line, nor shall it contain less than seven thousand five hundred square feet. (4) The corner lots shall have extra width sufficient to permit the establish- ment of front building lines on both the front and side of the lots adjoining the streets. (f) Building lines. The subdivider shall establish building lines in accordance with the needs of each development, but in no case shall such building lines be less than twenty-five feet from the right of way of the street or highway upon which resi- dential lots front. Such building lines shall be shown on the plat. (g) Parks, school sites, etc. In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds and other common area for public use so as to conform to any recommendations of the currently effective city plan. Such areas shall be indicated on the preliminary plan. (h) Easements along streams or canals. Whenever any stream or important surface drainage course is located in an area which is being subdivided, the sub- divider shall dedicate an adequate easement along each, side of the stream or thru lakes or lagoons for the purpose of widening, deepening, sloping, improving or pro- tecting the stream for drainage, parkway or recreational use. (Ord. No, 67-58-1, § 3.) Sec. 23-6. Minimum required street and drainage improve- ments. (a) Street improvements. (1) The minimum width of paving shall be twenty-three feet plus curbs; 180 § 23-7 Subdivision of Land § 23-7 except, that when a divided street is constructed, the minimum width of each lane shall be sixteen feet plus curbs. Greater widths may be required wherever the city commission deems it necessary. (2) Valley gutters or retaining curbs shall be constructed on both sides of all paving. The surface drainage plan shall determine the type of curb used. (3) Pavement shall be constructed with a six inch limerock stabilized base (300 pounds per square yard) and a one inch asphaltic concrete surface course as out- lined in current state road department specifications. (4) Tests of pavement shall be made by a reasonable recognized commercial laboratory as directed by the city commission. (b) Drainage. (1) An overall drainage plan shall be prepared and submitted to the city com- mission for approval. All necessary facilities either underground pipe, canals or drainage ditches shall be installed to provide adequate disposal of surface water and to maintain any natural watercourses. (2) Culverts shall be of such size to provide adequate drainage opening, and sufficient length to extend eight feet on each side beyond the edge of pavement of the road. Culverts shall be fully coated C. M. P. , concrete pipe or built -in-place concrete box culverts. (3) Vehicle bridges shall have a minimum width of twenty-four feet and shall be designed according to Standard Specifications for Highway Bridges of The American Association of State Highway Officials, 1953 edition, using at least an H-15 loading. All bridges shall be of permanent construction. (4) Open drainage ditches shall be provided with easements or rights of way of sufficient width and be constructed in such manner as to facilitate economical fu- ture public maintenance. Thebottom width and grade shall be designed to adequately drain the area affected. Slope angles of side banks shall be designed to minimize and prevent excessive erosion. In cases where fixed bottom grades and side bank slope angles must be maintained against anticipated conditions of unusually heavy erosion and resulting excessive public maintainance cost, the ditch bottom or side bank slopes, or both, shall be paved with concrete if economically justified in accordance with the circumstances pertaining to each such case. (Ord. No. 67-58-1, § 4; Ord.- No. 67- 62-4, § 1; Ord, No." 67-69-5, § 1. ) Sec. 23-7. Acceptance of streets and 'drainage. When the city commission finds and determines all required street and drainage work has been entirely completed according to the approved plans, profiles and spec- ifications, the city commission shall accept such streets and drainage facilities for city maintenance. (Ord. No. 67-58-1, § 5.) 181 § 23-8 Atlantic Beach City Code § L3-9 Sec. 23-8. Required water and sewer facilities. (a) An adequate water distribution system shall be provided by the developer. Each lot within the subdivision shall be provided with a water connection at the prop- erty line. Fire hydrants shall be installed to adequately cover the subdivision. Fi- nancial arrangements for constructing the same shall be negotiated between the city commission and the developer. (b) Plans and specifications for each water system shall be approved by the city commission and the state board of health. (c) When the city commission finds and determines that all work has been com- pleted in accordance with plans and specifications, the city commission shall accept such water distribution system for maintenance and operation. (d) An adequate gravity sanitary sewer system shall be installed by the developer, each lot within the subdivision shall be provided with a sewer connection at the prop- erty line. If sewage lift stations and force mains are required to connect the gravity system to the city sewage disposal plant, financial arrangements for constructing the same shall be negotiated between the city commission and the developer. (e) Plans and specifications for each sewer system shall be approved by the city commission and the state board of health. (f) When the city commission finds and determines that all work has been com- pleted according to the approved plans, profiles and specifications, the city commis- sion shall accept the sewer system for city maintenance and operation. (g) In areas where it is impractical to connect to the city sewer system, pro- vision shall be made to provide suitable sewage disposal facilities approved by the state board of health. (h) When a subdivision development located outside the city proposes to connect with the city water or sewer system, such development shall comply with this sec- tion. (Ord. No. 67-58-1, § 6. ) Sec. 23-9. Variations and exceptions. Whenever the tract to be subdivided is of such unusual size or shape or if sur- rounded by such development or unusual conditions that the strict application of the requirements contained in this chapter would result in real difficulties or substantial hardship or injustice, the city commission may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this chapter preserved. (Ord. No. 67-58-1, § 7.) 182 § 23-10 Subdivision of Land § 23-11 Sec. 23-10. Compliance with chapter. The city commission shall not peiinit any public improvements over which it has any control to be made or any public money expended for improvements in any area that has been subdivided or upon any street that has been platted after September 8, 1958, unless such subdivision or street has been approved in accordance with the pro- visions contained in this chapter. (Ord. No. 67-58-1, § 8. ) Sec. 23-11. Form of application for plat approval and agreement as to streets. The following form shall be used to make application for approval of a plat pur- suant to this chapter: APPLICATION FOR APPROVAL OF PLAT AND AGREEMENT RELATING TO THE CONSTRUCTION AND IMPROVEMENT OF STREETS Name of Subdivision Date Owner Address: The undersigned, the above named owner , and the developer of the lands described and shown on the plat of the above named subdivision, hereby make ap- plication to the City Commission of the City of Atlantic Beach, Florida, for the ap- proval of a plat of the subdivision, the name of which is designated above, and as a consideration for the acceptance and approval of said plat, do_ hereby represent, stip- ulate and agree with the City of Atlantic Beach, Florida, as follows: 1. That there are no delinquent taxes encumbering the lands shown on said plat. 2. That the fee simple title of said lands described and shown on said plat is vested in said owner . 3. That all streets and roads dedicated by said plat, when improved, graded and paved, shall be improved, graded and paved, in accordance with plans and spec- ifications to be approved by said City Commission. And, with respect to those cer- tain roads or streets shown on said plat, namely: 183 § 23-11 Atlantic Beach City Code § 23-11 the same will be improved, graded and paved, and properly drained, in conformity with the plans and specifications which the said city commission shall have approved. That the grading and paving of the aforesaid roads or streets and drainage work shall commence and proceed with dispatch and shall be completed within a reasonable time from the date of said agreement and not later than months from the date here- of. 4. That in the event the undersigned shall fail or omit to do and perform the work herein agreed to be done, and within the time stipulated, with respect to the grading and paving of said streets, and provide the necessary drainage work as spec- ified, then in that event, the undersigned hereby specifically agree that no request or application will be made to said City Commission for the acceptance of said street or streets for maintenance by said City. Further, the owner and developer stipulate and agree that no representation, express or implied, will be made by the undersigned, its agents, representatives or employees, to any purchaser of any of the lots or plots in said subdivision to the effect that said City will provide the nec- essary grading, paving and drainage of said streets shown on said plat of said subdi- vision offered for approval; and that no representation will be made to any purchaser of any of said lots or plots to the effect that said City will accept the said streets for maintenance prior to formal acceptance of the same by the City. Upon the approval of the plat referred to by said City Commission, and upon the execution of this agreement by the owner or subdivider the same shall consti- tute a contract between the parties. IN WITNESS WHEREOF, the owner ha_ caused these presents to be exe- cuted the day and year first above written. Signed, sealed and delivered in the presence of. (Ord. No. 67-58-1.) By (a corporation). Attest: Its President Its Secretary (SEAL) (Use this line if owner is an individual) 184 § 24-1 § 24-1. § 24-2. § 24-3. § 24-4. § 24-5. § 24-6. § 24-7. Swimming Pools § 24-4 CHAPTER 24. SWIMMING POOLS, 1 Fencing requirements for family pools. Water surface of family pool deemed accessory building. Setback of pools from property lines and building foundations. Enclosed or roofed pools to comply with Building Code and zoning regulations. Compliance with plumbing regulations; plumbing permit required. Water supply. Disposal of waste water. Sec. 24-1. Fencing requirements for family pools. 2 Family pools shall be provided with a fence enclosure at least four feet high, with the necessary gates and locks so that the pool will be accessible only upon the owner's invitation. (Ord. No. 68-69-1, § 1. ) Sec. 24-2. Water surface of family pool deemed accessory building. The water surface area of a family pool, combined with the total area of all other accessory buildings or accessory structures on the lot, shall conform with ac- cessory building requirements in chapter 28 of this Code. (Ord. No. 68-69-1, § 1. ) Sec. 24-3. Setback of pools from property lines and build- ing foundations. Pool walls shall be a distance from property lines and building foundations of not less than the depth of excavation below natural grade, but in no case shall any pool, retaining wall, berm or other part of a pool be nearer than three feet from a property line. (Ord. No. 68-69-1, § 1.) Sec. 24-4, Enclosed or roofed pools to comply with Building Code and zoning regulations. Where an enclosure or roof is provided over a pool, it shall comply with the Building Code and accessory building requirements of chapter 28 of this Code. (Ord. No. 68-69-1, § 1. ) 1. For state law regulating public swimming or bathing places, see Fla. Stats. , § 514. 01 et seq. As to plumbing, see ch. 17 of this Code. As to water supply, see ch. 27. 2. For state law authorizing city to require fencing of swim- ming pools, see Fla. Stats. , § 167. 101. 185 § 24-5 Atlantic Beach City Code § 24-7 Sec. 24-5, Compliance with plumbing regulations; plumbing permit required. 3 All plumbing connected with a swimming pool shall conform to city plumbing regulations and shall require a plumbing permit. (Ord. No. 68-69-1, § 2. ) Sec. 24-6. Water supply. The water supply for swimming pools shall be only by means of a fixed gap sup- ply with no direct connection between the pool and any source of water supply. (Ord. No. 68-69-1, § 3.) Sec, 24-7. Disposal of waste water. An. approved method of disposing of backwash water and for emptying the pool shall be provided as follows: (a) Where a city storm seweris available, waste water shall be disposed of to an approved storm sewer connection. If such storm sewer connection is not avail- able, a connection shall be made to the city sanitary sewer, if approved by the build- ing inspector. On all connections to storm or sanitary sewers, an approved type catch basin shall be provided on the owner's property to intercept sand or diatoma- ceous earth or other matter. (b) Where sewer connections are not available, other means of disposal, such as lawn sprinkling or open ditch discharge, may be approved by the building inspector. When open ditch drainage is provided, it shall be the pool owner's responsibility to provide new means of disposal whenever the ditch is closed by the city. (Ord. No. 68-69-1, § 4.) 3. As to plumbing generally, see ch. 17 of this Code. 186 Taxicabs CHAPTER 25. TAXICABS. 1 (Reserved for Future Legislation) 1. As to license fees for taxicabs, see § 10-5 of this Code. As to registration, fingerprinting and photographing of taxicab drivers, see § 14-15. § 26-1 Trailers and Trailer Parks § 26-2 CHAPTER 26. TRAILERS AND TRAILER PARKS.' § 26-1. Definitions. § 26-2. Minimum requirements for trailer parks and tourist camps. § 26-3. License for operation of trailer park or tourist camp --Issuance to be at discretion of city commission. § 26-4. Same --Prerequisites to issuance. Sec. 26-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Automobile trailer, trailer coach or trailer. Any vehicle or structure desig- ned and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, oc- cupation or trade (or use as a selling or advertising device), and so designed that it is, or may be, mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks. Trailer camp. Any park, tourist park, tourist court, camp, court, site, lot, parcel or tract of land upon which one or more trailers are located and parked by the day, week or month, by transients, whether a charge is made or not. Trailer park. Any park, trailer park, trailer court, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location upon which any trailer coach, automobile trailer or trailer may be parked, including all buildings used or intended to be used as part of the equipment thereof, whether a charge is made for the use of the trailer park and its facilities or not. (Ord. No. 77-68-1, § 1.) Sec. 26-2. Minimum requirements for trailer parks and tourist camps. All trailer parks and tourist camps shad meet the following minimum requirements: (a) Streets shall be not less than thirty feet wide and blacktopped. The entire park shall be designed for drainage of surface water. (b) Streets and park or camp areas shall be illuminated properly all night. (c) Each trailer shall be placed with a setback from each of its plot lines a minimum of eight feet in all directions, with a four inch thick sixteen square foot concrete slab on the entrance side of the trailer. 1. As to license fees for trailer parks, see § 10-5 of this Code. 189 § 26-3 Atlantic Beach City Code § 26-4 (d) All electric wiring to trailers shall be underground and comply with the Electrical Code of the city. (e) All plumbing shall comply with the Plumbing Code of the city. (f) City water shall be piped to each trailer with no less than three-fourths inch pipe, (g) Each trailer space shall be numbered, with a directory at the office of the park or camp. (Ord. No. 77-68-1, § 2.) Sec. 26-3. License for operation of trailer park or tourist camp --Issuance to be at discretion of city commission. A license to operate a trailer park or tourist camp may be granted at the discre- tion of the city commission. (Ord. No. 77-68-1, § 3.) Sec. 26-4. Same—Prerequisites to issuance, No occupational license to operate a trailer park or tourist camp shall be issued until a plat of the proposed park is supplied to the city clerk, all improvements re- quired by this chapter have been completed and the applicant has complied with all requirements and regulations set forth in this chapter. (Ord. No. 77-68-1, § 2. ) 190 § 26.1-1 Trees § 26.1-5 CHAPTER 26.1. TREES. § 26.1-1. Official --Appointment. § 26.1-2 . Same --Authority; duties . § 26.1-3. Removal of trees. § 26.1-4. Damage or destruction. § 26.1-5 . Penalty Sec. 26.1-1. Official --Appointment. The building official (hereinafter referred to as "official") shall have exclusive jurisdiction and supervision over all provisions of this chapter ex- cept as otherwise provided by this Code. (Ord. No. 90-77-69, § 2.) Sec. 26.1-2. Same --Authority; duties. The official shall have the authority and it shall be his duty to supervise all work done under a permit issued in accordance with the terms of this chapter. (Ord. No. 90-77-69, § 3.) Sec. 26.1-3. Removal of trees. No person shall remove a tree from public or private property that has a trunk of more than twelve inches in circumference as measured within three feet of the ground unless a permit is issued by the official for such removal. If a tree with a trunk exceeding twelve inches is located within the required building restriction lines, it may be removed without a permit. (Ord. No. 90- 77-69, § 4.) Sec. 26.1-4. Damage or destruction. No person shall damage, cut, carve, injure the bark, or cause or permit any wire, chain or other choke to be installed around the circumference of a tree, or allow any gaseous, liquid or solid substance which is harmful to trees to come in contact with any tree that would ultimately cause its destruction. (Ord. No. 90-77-69, § 5.) Sec. 26 . 1-5 . Penalty. Penalty for violation of this chapter is a misdemeanor and shall be punishable by provisions of section 1-6 of this Code or amendments thereto. (Ord. No. 90-77-69, § 6.) 190.1 Supp. #7, 5-78 § 27-1 § 27-1. § 27-2. § 27-3. § 27-4. § 27-5. § 27-6. § 27-7. § 27-8. § 27-9. § 27-10. § 27-11. § 27-12. § 27-13. § 27-14. § 27-15. § 27-16. § 27-17. § 27-18. § 27-19. § 27-20. § 27-21. § 27-22. Water Supply § 27-1 CHAPTER 27. WATER SUPPLY .1 Application for water service. Tapping of mains, etc. , restricted to city employees. Connection charges; initial payment of minimum water rental. Temporary service. Consumer to grant city necessary easements , etc . ; right of city employees to read meters, examine fixtures , etc. Fee to re-establish service after cut-off. Testing of meters; liability for cost of testing; adjustments of bills. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Basis for billing if meter fails to register. Determination of type of service for each consumer . Property owner responsible to city for water charges. Charges for water service. Billing dates for water service; failure to receive bill; when bills become delinquent; disconnection of service for failure to pay bill. Private fire protection service. Allowances not made for leaks on consumer's side of meter . Connection of private water systems to city system prohibited. Prohibited acts. Service to more than one property through same meter. Approval of plumbing prior to connection with water system. City'not liable for interruptions in service; right of city to restrict use of water . Application for water service in new subdivisions; costs of pipes, etc. , in subdivisions to be paid by developer; exception. Extensions of water mains of one hundred feet or more in existing streets. Sec. 27-1 . Application for water service. It shall be unlawful for any person to use city water without first making application in writing to the city for service at least forty-eight hours before the service is desired and paying all charges incident to such application. Such 1. For charter provision authorizing city to furnish pub- lic utility services and levy charges for the use of such utility services , see Char. , § 4(8). For state law as to authority of city relative to water system, see Fla. Stats . , § 180.01 et seq. As to plumbing, see ch. 17 of this Code. As to water supply for swimming pools , see § 24-6. 191 Supp. #8, 10-79 § 27-2 Atlantic Beach City Code § 27-4 applications shall be made on forms furnished by the city and shall constitute an agreement by the consumer with the city to abide by the rules of the city in regard to its service of water. Applications for service requested by firms , partnerships, associations and corporations shall be tendered only by their duly authorized agents , and the official title of such agent shall be shown on the application. (Ord. No. 80-59-3, § 1.) Sec. 27-2 . Tapping of mains, etc. , restricted to city em- ployees. No person shall tap the city water mains or make any other connection to pipes on the supply side of any meter except those persons duly employed by the city for such purposes. (Ord. No. 80-59-3, § 2.) Sec. 27-3. Connection charges; initial payment of minimum water rental. (a) Upon the application of the owner or consumer for water service, the connection charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection charges will be established by the city commission from time to time. (b) The minimum water rental for the period from the date of installa- tion to the following minimum water billing date shall be collected at the time payment is made for the connection charge. (c) For the purpose of this subsection and subsection (d) of this sec- tion, fixture units are established as the measurement of water demand for each water fixture installed and connected to the city water system. Fixture units are assigned by the City Plumbing Code. The water supply charge is hereby fixed at ten dollars poi-- fixture unit co l:neeted 10 Lite city water system after enactment of this subsection and subsection (d) of this section. (d) The city treasurer is hereby directed to receive such connection charge and cause same to be invested in interest-bearing securities that are most advantageous to the city's interest. Such securities shall be entitled "City of Atlantic Beach, Water Fund." The sole purpose of such "Water Fund" shall be used for capital improvements to the water plant and supply system. (Ord. No. 80-59-3, § 3; Ord. No. 80-61-5, § 1; Ord. No. 80-72-11; Ord. No. 80-77-17, §§ 1, 2.) Sec. 27-4. Temporary service . Temporary service, such as service for circuses, fairs, carnivals, con- struction work and the like, shall be rendered upon written application accom- panied by a deposit sufficient to cover the city's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the 192 Supp. #8, 10-79 § 27-5 Water Supply § 27-5 city in rendering such service. Upon termination of this service, any balance of this deposit shall be refunded to the consumer. (Ord. No. 80-59-3, § 4.) Sec. 27-5 . Consumer to grant city necessary easements , etc.; right of city employees to read me- ters, examine fixtures , etc. The consumer shall grant or cause to be granted to the city , without cost , all rights, easements , permits and privileges which are necessary for the rendering 192.1 Supp. #8, 10-79 § 27-6 Water Supply § 27-10 of service. Duly authorized employees of the city shall have access at all rea- sonable hours to the premises of the consumer for the purpose of reading meters , installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to the rendering of service. (Ord. No. 80-59-3, § 5.) Sec. 27-6. Fee to re-establish service after cut-off. In the event that water service is turned off, either because of delinquency or upon the request of the consumer, for any purpose, a cut -in fee of five dol- lars shall be charged and paid when water is turned on. A delinquent fee of five dollars will be charged if an account is not paid within thirty days of the billing period. (Ord. No. 80-59-3, § 6; Ord. No. 80-76-14, § 2.) Sec. 27-7. Testing of meters; liability for cost of testing; adjustment of bills. Upon written request of a consumer , the meter will be tested by the city. In the event the meter, when tested, is found to be not more than two percent fast, the expense of the test shall be paid by the consumer at a cost of five dol- lars; otherwise, the expense of the test will be borne by the city , and billing adjustments for a period not to exceed six months will be made. (Ord. No. 80- 59-3, § 7.) Sec. 27-8. Liability of consumer for charges; no allowance to be made for vacant houses unless water shut off. Liability for service shall begin on the day the consumer is connected to the city water main and shall continue thereafter until the service is disconnected for nonpayment or for other cause, after written notice is given the city by the consumer of his desire to terminate the service. No allowance will be made for vacant houses unless a request in writing to have the water shut off is received by the city, nor will any allowance be made for any shut-off period less than thirty days. (Ord. No. 80-59-3, § 8.) Sec, 27- 9 . Basis for billing if meter fails to register. In the event any meter on a consumer's premises is destroyed by fire or other causes or fails to register, the consumer will be billed for the period in- volved on a basis of previous consumption. (Ord. No. 80-59-3, § 9.) Sec. 27-10. Determination of type of service for each consumer The city manager, or some person designated by him, shall have the authority to determine what type of service shall be rendered by the city to each consumer. (Ord. No. 80-59-3, § 10.) 193 Supp. #6, 12-76 § 27-11 Atlantic Beach City Code § 27-12 Sec. 27- 11 . Property owner responsible to city for water charges. The property owner shall at all times be responsible to the city for its proper charges for water service. (Ord. No. 80-59-3, § 11.) Sec. 27- 12. Charges for water service. The reasonable rates, rentals, fees and other charges for the use of the services and facilities of the city waterworks system are hereby found and deter- mined to be and are hereby fixed and established as follows: (a) Customers within city . (1) Single units. The minimum bill for a single unit shall be for fifteen thousand gallons of water, and shall be six dollars per quarter. All water used in excess of fifteen thousand gallons shall be charged at the rate of fifteen cents per one thousand gallons. (2) Multiple units. For all multiple units served through the same meter, the rates shall be in accordance with the following scale, and the minimum allowance shall be in direct proportion to the minimum rate paid allowing two thousand five hundred gallons for each one dollar of the quarterly minimum rate. All excess gallonage shall be charged for at the same rate as provided for single units above. 2 units - $ 9.00 per quarter 3 units - 12.00 per quarter 4 units - 15.00 per quarter 5 units - 18.00 per quarter 0 wilts 21.30 per quarter 7 units - 24.00 per quarter All units over 7 - $2.50 per quarter for each additional unit. (3) Prorating quarterly minimum. For new water services made after the beginning of each calendar quarter or for a continuance of a turned -off exist- ing service, the quarterly minimum will be prorated on a monthly basis for the remainder of the quarter, plus the cut -in fee when applicable as provided in section 27-6. (b) Customers outside city. The rates applicable to customers outside the city boundaries shall be one and one-half times the above rates and the above minimum and excess quantity allowances shall apply to such customers . New customers outside the city boundaries will not be accepted unless their applica- tion for service is approved by the city commission. (Ord. No. 80-59-3, § 12; Ord. No. 80-61-6, § 1; Ord. No. 80-76-14, § 1.) 194 Supp. #6, 12-76 § 27-13 Water Supply § 27-17 Sec. 27-13. Billing dates for water service; failure to receive bill ; when bills become delinquent; disconnection of service for failure to pay bill. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city , and failure of the consumer to receive such bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter . Such bills for service shall be due and payable on the date of billing and shall become delinquent thirty days thereafter. The finance director shall order the immediate disconnection of all delinquent ser- vices, and service shall not be restored until the delinquent bill and five dol- lars service charge is paid. (Ord. No. 80-59-3, § 13; Ord. No. 80-76-15, § 1.) Sec. 27-14. Private fire protection service. Fire protection service charges shall be billed annually in advance. Fire protection service, either private hydrants or sprinkler systems, shall be installed from the main inward at the expense of the consumer . All such installa- tions shall be made in strict accordance with the rules of the American Insurance Association in force at the date of installation and with such requirements as may be prescribed by the city manager . Fire protection services shall not be metered, and no charge shall be made by the city for water used through such services; however, no use of such services shall be made except for testing the equipment or fighting fire. (Ord. No. 80-59-3, § 14.) Sec. 27-15. Allowances not made for leaks on consumer's side of meter. No allowance or adjustment of any water bill shall be made for leaks of any nature occurring on the consumer's side of the meter. (Ord. No. 80-59-3, § 15.) Sec. 27-16. Connection of private water systems to city system prohibited. No person shall interconnect a privately owned water system to the city's water system. (Ord. No. 80-59-3, § 16.) Sec. 27- 17 . Prohibited acts. No person shall connect or turn on any water service or tap or make any alteration to any main or distribution pipe of the city's water system or in any way interfere with or molest any of the wells, reservoirs, basins or water in the same, or permit any connection or tapping to be made to the city's water system on his premises or the premises occupied by him or knowingly use city water from unauthorized connections. (Ord. No. 80-59-3, § 17.) 195 Supp. #6, 12-76 § 27-18 Atlantic Beach City Code § 27-21 Sec. 27-18. Service to more than one property through same meter. Properties owned or operated by different owners or operators shall not be supplied with water through one meter unless existing facilities make it impractical (as determined by the city commission as an exception) to establish separate meters for each property. In each case excepted by the city commis- sion, the yearly minimum rate will be determined by combining the rates for each property, and likewise the minimum quarterly allowance for each property will be combined. (Ord. No. 80-59-3, § 18.) Sec. 27-19. Approval of plumbing prior to connection with water system. No water service shall be connected until the plumbing and connections incident thereto shall have been inspected and approved by the plumbing inspec- tor. (Ord. No. 80-59-3, § 19.) Sec. 27-20. City not liable for interruptions in service; right of city to restrict use of water. The city shall not be liable for any damage resulting from bursting of any main, service pipe or cock, or by shutting off of water for repairs, extensions or connections, or from the accidental failure of the water supply from any cause whatsoever. In cases of emergency , the city shall have the right to restrict the use of water in any reasonable manner for the protection of the city and its water supply. (Ord. No. 80-59-3, § 20.) Sec. 27-21. Application for water service in new subdivi-- sions costs of pipes , etc. , in subdivisions to be paid by developer; exception. Any person subdividing or resubdividing any plot or tract of land shall apply to the city for water service. Upon approval of such application by the city commission, the applicant shall agree to deposit with the city the cost of such lines, mains , pipes, fire hydrants, valves, meters, engineering, etc , and the city shall cause to be pre- pared the necessary plans and specifications for the construction of such water lines, etc. When the estimated cost of such water lines has been determined, the ap- plicant shall forthwith deposit with the city a sum of money equal to such estimate, or he may elect to install such water lines himself according to the plans and specifications and under the supervision of the city. He shall pay the cost of such engineering and shall provide such surety as the city commission may require. In the event the actual cost is more than the estimated cost, the developer shall pay to the city the additional cost. In the event the actual cost is less than the estimated cost, the difference shall be refunded to the developer. § 27-22 Water Supply § 27-22 If the future development of the area beyond the limits of the proposed development requires the installation of a water main larger than the main re- quired for domestic and fire service within the proposed development, the city shall agree to pay the difference in the cost of materials only between the main capable of providing domestic and fire service within the proposed development and the main necessary to serve the area beyond such development. The method of payment of this cost by the city shall be negotiated between the developer and the city. (Ord. No. 80-61-5, § 2.) Sec. 27-22. Extensions of water mains of one hundred feet or mord in existing streets . Any application for water service on a street right of way or easement existing or dedicated prior to January 1, 1961, requiring an extension in excess of one hundred feet, shall be approved by the city commission. If the city com- mission finds that it is not economically feasible to construct such water line and the applicant provides the necessary funds to construct such line, the city and the applicant shall agree by written contract to the refunding to the applicant of such funds . The method and amount of refunding shall be negotiated between the applicant and the city. (Ord. No. 80-61-5, § 3.) 197 Supp. #8, 10-79 ORDINANCE NO. 90-83-83 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING ORDINANCE NO. 90-82-74, THE SME BEING THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LAND DESCRIBED AS A PART OF GOVERNMENT LOT 1, SECTION 8, AND A PART OF GOVERNMENT LOT 1, SECTION 9, OF TOWN- SHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, FROM OPEN RURAL (OR) TO RESIDENTIAL SINGLE FAMILY (RS -1); PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 90-82-74 on July 26, 1982, the same being the Land Development Code, and WHEREAS, the Advisory Planning Board did recommend, on November 7, 1983, that the property described on the attached Exhibit A and incorporated herein, be rezoned from Open Rural (OR) to Residential Single Family (RS -1), and WHEREAS, the City Commission does exercise its powers to amend the Land Development Code including Official Zoning District Map in order to encourage the most appropriate use of land, and WHEREAS, the rezoning is consistent with the Comprehensive Plan, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF ATLANTIC BEACH, FLORIDA, That Ordinance No. 90-82-74 be amended as follows: Section 1. That the zoning district for the land described in Exhibit A attached hereto and by reference made a part hereof and the Official Zoning District Map be amended from the zoning district of Open Rural to a zoning district of Residential Single Family. Section 2. This ordinance shall become effective immediately upon its passage. A . AAAAAAAA Passed by the City Commission on First Reading November 28, 1983 Passed by the City Commission on Second & Final Reading December 12,1983. (SEAL) Copy or c;-; A I i;,/ .WITNESSETH of the :c.;iiy of Atlantic E'e di, Florida, This the -day of 9 ,City Clark ATTEST: Adelaide R. Tucker City Clerk SunshineState Surveyors, inc. October 14, 1983 W. 0. No. S83-547 DESCRIPTION FOR ZONING PURPOSES ONLY EXHIBIT A File No. 83D-213 A part of Government Lot 1, Section 8, and a part of Government Lot 1, Section 9, of Township 2 South, Range 29 East, Duval County, Florida, being more particularly described as follows: For Point of Beginning, commence at the Northwest corner of Lot 28, Selva Marina Unit No. 10-C, according to plat thereof recorded in Plat Book 37, Page 40, of the Current Public Records of said County, said Northwest corner lying in a 2814.79 foot radius curve, concave to the Northeast and defining the Easterly right of way line of Selva Marina Drive as now established for a width of 100 feet; run thence Northwesterly along said Easterly right of way line and around said curve through a central angle of 07° 33' 07", for an arc distance of 371.01 feet to the point of tangency of said curve, said arc being subtended by a chord which bears North Q7° 35' 44" West, 370.74 feet; run thence along said Easterly right of way line on a tangent bearing of North 03° 49' 10" West, for a distance of 834.42 feet; departing from said Easterly right of way line, run thence South 82° 04' 32" East, a distance of 195.18 feet; thence South 88° 36' 42" East, a distance of 116.21 feet; thence South 79° 34' 50" East, a distance of 126.48 feet; thence South 87° 57' 53" East, a distance of 307.56 feet; thence South 65° 50' 11" East, a distance of 119.63 feet; thence South 88° 13' 54" East, a distance of 101.81 feet; thence South 80° 09' 20" East, a distance of 228.73 feat; thence South 78° 56' 28" East, a distance of 311.90 feet; thence South 65° 43' 28" East, a distance of 206.43 feet; run thence South 76° 23' 08" East, a distance of 199.59 feet to its intersection with the Northeasterly prolongation of the Westerly boundary of Selva Marina Garden Two, as shown on plat thereof recorded in Plat Book 38, Page 39, Current Public Records; run thence South 11° 59' 54" West, along said Westerly boundary and Northeasterly prolongation thereof, a distance of 315.22 feet to the North- west corner of Selva Marina Garden, as shown on plat thereof recorded in Plat Book 37, Page 84 Current Public Records; run thence along the Westerly boundary of said Selva Marina Garden the following courses: South 00° 02' 41" East, a distance of 100.0 feet; thence South 10° 00' 55" West, a distance of 224.02 feet; thence South 00° 02' 41" East, a distance of 200.0 feet to the Southwest corner of said Selva Marina Garden, said Southwest corner lying in the Northerly boundary of Selva Marina Unit No. 11, as shown on plat thereof recorded in Plat Book 36, Page 62, Current Public Records; run thence South 89° 08' 46" West, along the Northerly boundary of said Selva Marina Unit 11, and along the North- erly boundary of Selva Marina Unit No. 12 according to Plat Book 36, Page 63, Selva Marina Unit No. 12-A according to Plat Book 36, Page 64, Selva Marina Unit No. 12--B according to Plat Book 36, Page 76, and the aforementioned Selva Marina Unit No. 10-C according to Plat Book 37 Page 40, Current Public Records, a distance of 1657.14 feet to the Point of Beginning. Lands thus described contain 42.714 acres, more or less. 6136 Atlantic Boulevard - Jacksonville, FL 32211 - 9041724-9436 2727 NW 431d Sheet - C,,inesville, FL 32606 - 904?375-0491 ORDINANCE NO. 90-83-82 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING ORDINANCE NO. 90-82-74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY REGULATING THE COMBINATION OF PREVIOUSLY PLATTED LOTS, AND ESTABLISHING A MINIMUM LOT REQUIRE- MENT FOR SUBDIVISIONS WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 90-82-74 on July 26, 1982, the same being the Land Development Code, and WHEREAS, the City Commission finds it in the best interest of the City to make certain amendments to the Land Development Code, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, That Ordinance No. 90-82-74 be amended as follows: Section 1. That Section IV.A3 be amended by adding thereto as follows: c. No combination or recombination of portions of previously platted lots is permitted when no new parcels or residual parcels smaller than any of the original lots are created, unless otherwise permitted under townhouse regulations. Section 2. That Section IV.E5(a) be amended to read: General. The lot size, width, depth, shape and orientation, and the minimum building set- back lines shall be appropriate for the loca- tion of the subdivision and for the type of development and use contemplated. Lot arrange- ment and design shall be such that all lots will provide satisfactory and desirable building sites. In no event shall a lot have a width of less than 75 feet at the building line, nor shall it contain less than 7,500 square feet. Section 3. This ordinance shall become effective immediately upon its final passage. Passed by the City Commission on First Reading November 28, 1983 • Passed by the City Commission on Second & Final Reading December 12, 19$3 ATTEST: f �f /�P"�%,l �_ �� F 2 £ ✓� ..c wt (SEAL) Adelaide R. Tucker City Clerk CE T1;`1': VI!'iDP! ! Cwrti y this h +`{? 1 trU 0!!:1 CQrr t copy of the recard in my o 1NITfVt:Sa H my hand ani o Giai seat of the City of Atlantic Beach, Florida, this, tho t .day of A �% ity Cler k• ORDINANCE NO. 90-83-81 AN ORDINANCE AMENDING ORDINANCE NO. 90-82-74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY AMENDING SECTION III -G-1, PLANNED UNIT DEVELOP- MENT (PUD) WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 90-82-74 on July 26, 1982, the same being the Land Development Code, and WHEREAS, the City Commission does exercise its powers to amend the Land Development Code in order to encourage imaginative design to create a more desirable environment which will protect and improve the health, safety, comfort, appearance, and general welfare of the public, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF ATLANTIC BEACH, FLORIDA, That Ordinance No. 90-82-74 he amended as follows: Section 1. That Section III -G-1 Planned Unit Development (PUD) be amended to read: G. SPECIAL USE DISTRICT 1. Planned Unit Development (PUD) The purpose of the planned unit development is to encourage imagina- tive design to create a more desirable environment than would be possible through the strict application of the minimum requirements of the Land Use Regulations. The purpose of planned unit development regulations is to encourage flexibility in the design and develop- ment of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities, and public spaces; and to preserve the natural and scenic qualities of open areas. The objective of a PUD is to encourage ingenuity, imagination, and design efforts on the part of builders, architects, site planners and developers; to produce developments which are in keeping with overall land use intensity and open space objectives of the Land Development Code, while departing from the strict applica- tion of use, setback, and minimum lot size requirements of the several zoning districts. While such planned unit developments may depart from the strict application of the Land Development Regulations for the district or districts in which it is proposed to be located, such developments are to be compatible with the Comprehensive Plan and platted of record in accordance with the subdivision regulations. a Intent - The intent of this part is to permit such flexibility and provide performance criteria for planned unit developments which: (1) Permit a creative approach to the development of land; and, (2) Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the zoning code; and, (3) Provide for an efficient use of land, resulting in small networks of utilities and streets and thereby lower development costs; and (4) Enhance the appearance of the area through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open spaces in excess of existing zoning and subdivision requirements; and (5) Provide an opportunity for new approaches to ownership; and (6) Provide an environment of stable character compatible with surrounding areas; and (7) Retain property values over the years. b. PUD Defined For the purpose of this Land Development Code, planned unit development (PUD) shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof. c. Permitted Uses. Any use which is permitted or permissible by exception in any district may be included in a PUD. d. Site Requirements. Minimum site area required is -1 -0 -acres 7 acres. e. Application for Rezoning to PUD An application for rezoning to PUD shall proceed in general as for other applications for rezoning; and, in addition to the information usually required for such applications, the following shall be required: (1) Plats and/or metes and bounds description of the area within the PUD. (2) The name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner. (3) Evidence of unified control of the entire area within the PUD with all owners within the area of same identified. (4) An agreement by all owners within the PUD which includes their commitment to: (a) Proceed with the proposed development in accordance with the PUD ordinance and such conditions and safeguards as may be set by the City Commission in such ordinance; and (b) Provide a written statement of a proposal for com— pletion of such development according to plans approved by such ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the City of Atlantic Beach pursuant to written agreement; and (c) To bind their successors in title to any commitments made in their application. f. Materials to accompany applications. An application for rezoning to PUD shall be accompanied by the following, in sufficient copies as deemed necessary by the Adminis- trative Official for referrals and recommendations: (1) Plans, maps, studies and reports as may be required by the City of Atlantic Beach in order to make the findings and determinations called for in the particular case. (2) Written description of the intended plan of develop- ment, clearly indicating where approval of the PUD will benefit the future occupants of the proposed development and the City in general. Such justifi- cation shall be based on the intent of the planned unit development. (3) A sketch plan at an appropriate scale supporting the above statement illustrating: (a) The preliminary location, grouping, and height of all uses and facilities. (b) In the case of residential development, the number of residential units proposed, their general location, number of stories, indicating those areas to be owner occupied and those to be renter occupied. (c) A preliminary vehicular and pedestrian circula- tion system including driveways, walkways, parking areas, and streets to be dedicated. (d) A system of open space and recreational uses, with estimates of acreage to be dedicated and that to be retained in common ownership. (e) A topographic map at an appropriate scale showing contour lines, including all existing buildings and wooded areas. (f) Site data including tabulation of total number of gross aeras in the project and acreage to be g• devoted to each of several types of primary residential, secondary non-residential uses and of the space uses, the total number of dwelling units and square foot of gross non- residential building areas. (4) Preliminary statements indicating how the problems of maintenance and ownership of common facilities will be resolved. (5) Preliminary schedules of development, including the staging and phasing of: (a) Areas to be developed, in order of priority; and (b) The construction of streets, utilities and other improvements necessary to serve the proposed development; and (c) The dedication of land to public use. (6) Each of the above elements shall be listed as to their relative order of improvement with an estimated time schedule for their accomplishment. It is, among other things, the intent of this requirement that the schedule of development be such that a staged imple- mentation of the planned unit development would not result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for the purposes other than that shown on the approved planned unit development. Application an,i Review Procedures. (1) The PUD zoning application shall be submitted to the Administrative Official at least thirty (30) days prior to the meeting of the Advisory Planning Board, at which meeting such application is to be considered. The Administrative Official shall review the preliminary development plan to determine its conformity with the Comprehensive Plan, policies of the City, requirements of the Land Development Code, and requirements of other applicable state and federal statutes, rules and regulations. (2) Upon completion of the review, the Administrative Official shall forward the PUD zoning application to the Advisory Planning Board. h. Action by the Advisory Planning Board. The Advisory Planning Board shall review the PUD zoning ;_pplication and may recommend to the City Commission to enact an ordinance establishing PUD including any special conditions related thereto based upon the findings that: (1) The proposed PUD does not affect adversely the orderly development of the City, as embodied in this zoning code and in any comprehensive plan or portion thereof adopted by the City Commission. (2) The proposed PUD does not affect adversely the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood. (3) The proposed PUD will accomplish the objectives and will meet the standards and performance criteria of Section 1-n. (4) The Advisory Planning Board may conduct a public hear- ing to assist in their development of a recommendation to the City Commission. i. Action by the City Commission. Upon receipt of the recom- mendation of the Advisory Planning Board, the City Commission may enact an ordinance establishing a PUD, including any special conditions related thereto based upon findings as outlined in Section h(a), (b), (c) above. Procedure for Adoption of PUD Ordinance. (1) Bach PUD ordinance shall be introduced in writing, and shall contain all applicable materials which are applicable to the planned unit development. (2) A proposed PUD ordinance may be read by title or in full on at least two separate days and shall, at least seven (7) days prior to adoption, be noticed once in a news- paper. The notice of proposed enactment shall state the date, time and place of the meeting, the title or titles of the proposed PUD ordinance, and the place or places within the municipality where such proposed ordinances may be inspected by the public. A public hearing on the proposed ordinance shall be held on the second reading. (3) The City Commission shall direct the City Clerk to notify by mail each real property owner whose land the municipality will rezone by enactment of the PUD ordinance and whose address is known by reference to the latest ad valorem tax records. Notice shall state the substance of the proposed ordinance as it affects the property owner, and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least thirty (30) days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the City Clerk. The City Commission may, upon the conclusion of the hearing, immediately adopt the PUD ordinance. k. Deviations from the Ordinance Creating the PUD. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating the PUD, the City Commission may approve changes in such plans which comply with the following criteria: (a) There are the same or fewer number of dwelling units and/or floor area; or, (b) The open space is in the same general location and in the same general amount, or a greater amount; or, (c) The buildings have the same or less number of stories and/or floor area; or (d) The roads and drives follow approximately the same course; and have the same public or private rights therein. 1. Expiration of Time Limits Provided in Ordinance Creating a PUD. If development actions required by the ordinance creating a PUD are not taken within any time limits set by the City Commission in such ordinance, the approval of a PUD as provided in such ordinance shall become invalid and no further action shall be permitted under same. m. Implementation of a PUD. (1) Development Plan. Fotlowing the enactment of an ordinance creating a PUD, a detailed development plan of all or part of the PUD shall be submitted to the Administrative Official for review in accordance with the schedule of development, as contained in the ordinance, which shall include: (a) All materials, drawings, information, and other documentation, as required by the City to certify substantial compliance with the PUD ordinance. (b) Agreements, contracts, deed restrictions and sureties acceptable to the City of Atlantic Beach for comple- tion of such development according to plans approved in the ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated, or maintained by the City of Atlantic Beach pursuant to written agreement. (2) Record Plans. If the PUD ordinance requires the recording of record plats, such plats shall accompany the sub- mission of the development plan to the Administrative Official and shall be included in its approval of such plan, and plats so approved shall be recorded, as required by law. (3) Approval of Development Plan. The Administrative Official shall review the submittals required for the final development plan to assure its compliance with the PUD ordinance. The Administrative Official shall then for- ward the final development plan to the City Commission. The City Commission shall review the final development plan and, if found in compliance with this code, the PUD ordinance and standards established pursuant to Section 1--N, shall approve the same. (4) Permits Required. All construction in the development of a PUD shall proceed only under applicable permits, issued by the Administrative Official; and no building permit, certificate, or other document authorizing con- struction or occupancy within a PUD shall be issued, except in accordance with the approved development plan. n. Standards of Criteria. (1) Density of Developments. The total ground occupied by building and structures for residential use shall not exceed thirty-five (35) percent of the total ground area of that portion of the PUD devoted to residential use. (2) Open Space. The PUD may include residential lots of smaller size than would be permitted by the zoning regu- lations otherwise applicable to the site, provided the overall density is not increased. The excess land shall be utilized as open space. The open space area shall be recorded upon the final development plan of the PUD. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to the City of Atlantic Beach or be maintained by a community associa- tion composed of residents of the PUD. Land recorded as open shall not be encroached upon by any residential, commercial or industrial primary or accessory use. (3) Waiver of Yard, Dwelling Unit, Frontage Criteria, and_ Use Restriction. Minimum yard, lot size, type of dwelling unit, height and frontage requirements and use restrictions are waived for the PUD, provided the spirit and intent of the zoning ordinance is complied with the total develop- ment of the PUD. However, the City Commission of the City of Atlantic Beach may, at its discretion, require adherence to minimum zone requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of the zoning ordinance. (4) Support Legal Documents for Open Space. Legal docu- ments which assure adequate management and maintenance of the open space area must be provided by the developer for all areas proposed for common ownership by the residents of the PUD. Legal instruments provided for dedications, covenants, community associations, and subdivision controls shall: (a) Place title of common property in a form of common ownership by the residents of the PUD; e.g., a duty constituted and legally responsible community association, cooperative, etc. (b) Appropriately limit the use of common property. (c) Place responsibility for management and maintenance of common property. The City Commission, at its discretion, may require the applicant to enter into a contract with the City of Atlantic Beach for maintenance of commonly held properties. (d) Place responsibility for enforcement of covenants. (e) Per-unit the subjection of each lot to assessment for its proportionate share of maintenance costs. (5) Acc_ess. Access to each single-family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the resi- dents of the PUD. (6) Privacy. Each dwelling unit within the PUD, shall be provided visual and acoustical privacy. Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise. (o) Community Facilities. (1) All utility facilities proposed for dedication to the City of Atlantic Beach must be acceptable by the City as to be of benefit to the general public. (2) All requirements for off --street parking and loading shall apply to the PUD unless otherwise waived or modified. (3) Access and circulation shall adequately provide for fire fighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris removal. (p) (4) All PUD's shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way, Provisions shall be made for acceptable design and con- struction of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm waters, preventerosion and formation of dust. (5) Specifications for street design shall conform to the rules and regulations adopted by the City of Atlantic Beach. Application Fee. The City may retain consultants to assist in the review of the PUD. The cost of retaining said consultants shall be borne by the applicant. Additionally, the applicant shall reimburse the City for administrative staff time required for the review and adoption of a PUD. The fee for personnel costs shall be the hourly rate (hourly wage multiplied by 1.35) times a factor of two for administrative overhead), or as otherwise set by the City Commission. Section 2. This ordinance shall become effective immediately upon its final passage. ;, ,. .. ,. ;c .. :. .. .. .. :. .. * * * * * * * *. * * * * * * Passed by the City Commission on First Reading June 13, 1983 Passed by the City Commission on Second Reading June 27, 1983 Passed by the City Commission on Third & Final Reading July 11, 1983 (SEAL) ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE NO. 90-83-80 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, AMENDING ORDINANCE NO. 90-82-74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 90-82-74 on July 26, 1982, the same being the Land Development Code, and WHEREAS, the City Commission finds it in the best interest of the City to make certain amendments to the Land Development Code, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, That Ordinance No. 90-82-74 be amended as follows: Section I. That Section II -B-107 be amended to read: Planning Agency The Advisory Planning Board, or any other agency designated by the City, through ordinance, to prepare and monitor the Comprehensive Plan and implementing ordinances. Section II. That Section III -B -b. be amended to read: To make amendments to these zoning regulations and zoning reap by a simple majority vote of the City Commission after holding the required public hearing, and after reviewing a written recommendation from the Planning Agency. Section III. That Section III -B -c. be amended to read: To approve or disapprove subdivision plans and Planned Unit Development (PUD) plans after holding any required public hearing and after reviewing a written recommenda- tion from the Planning Agency. Section IV. That Section III -C -2-c. be amended to read: After the Administrative Official has received the request, the request will be placed on the agenda of the next meet- ing of the Planning Agency, provided that the request is received at least thirty (30) days prior to the meeting. The Planning Agency shall study each request for rezoning, conduct a public hearing after due public notice, and make a written recommendation to the City Commission. The written report and recommendation shall: (1) Show that the Planning Agency has studied and considered the need and justification for the change; (2) Indicate the relationship of the proposed re- zoning to the Comprehensive Plan for Atlantic Beach and whether the proposed change will further the purpose of the planning program; and (3) Be submitted to the City Commission in not more than sixty (60) days from the date a completed appli- cation for the rezoning is filed. Section V. That Section III -F -2-g-(3) - CG Commercial General, be amended by adding: (j) Apartment complexes Section VI. This ordinance shall become effective immediately upon its final passage. Passed by the City Commission on First Reading Nay 23. 1983 . Passed by the City Couuuission on Second Reading June 13, 1983 Passed by the City Commission on Third & Final Reading June 27, 1983 (SEAL) • ATTEST: /i x- c"K Adelaide R. Tucker, City Clerk ORDINANCE NO. 90-83-79 AN ORDINANCE AMENDING ORDINANCE NO. 90-83-77 THE SAME BEING AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED OWNED BY W. A. BULL, TO PUD DISTRICT AS DEFINED UNDER THE LAND DEVELOPMENT CODE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Atlantic Beach did adopt Ordinance No. 90--83-77 which zoned real property owned by W. A. Bull to "PUD" as defined and classified under the Land Development Code of the City of Atlantic Beach, Florida, in compliance with the application and plans on file with the City, and subject to the conditions previously imposed by the City Commission and the Advisory Planning Board, said condi- tions also being on file with the City, and WHEREAS, the owner of the said real property, W. A. Bull, has requested an amendment to the "PUD" zoning, and WHEREAS, the Advisory Planning Board was presented with a request from England & Thims, Inc., Consulting and Design Engineers, on behalf of Stokes & Company, and the present owner of the subject real property, W. A. Bull, to deviate from the original "PUD" plan, and WHEREAS, the Advisory Planning Board considered the proposed deviations to the "PUD" and made certain recommendations to the City Commission on March 2.8, 1983, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. That Ordinance No. 90-83-77 be amended to provide for the modifications to the said described Planned Unit Development in accordance with the application for the amendment to the "PUD" and plans on file with the City, and subject to the conditions imposed by the City Commission and the Advisory Planning Board, said conditions also being on file with the City. Section 2. Effective date. This ordinance shall become effective immediately upon its passage. * * * .. ;< . * * * „ „ * ,. „ ,. ** n Passed by the City Commission on First Reading March 28, 1983 Passed by the City Commission on Second Reading March 28, 1983 Passed by the City Commission on Third and Final Reading April 11. 1983 (SEAL) ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE NO. 90-83-78 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, AMENDING ORDINANCE NO. 90-82-74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY AMEND- ING THE OFFICIAL ZONING MAP TO REZONE LAND DES- CRIBED AS DONNERS REPLAT - BLOCK 23, LOTS 2 & 3, FROM RESIDENTIAL GENERAL -MULTIPLE FAMILY TO COM- MERCIAL LIMITED WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 90-82-74 on July 26, 1982, the same being the Land Development Code, and WHEREAS, the Advisory Planning Board did recommend on January 25, 1983, that the above referenced property be rezoned from Residential General -Multiple Family to Commercial Limited, and WHEREAS, the City Commission does exercise its powers to amend the Land Development Code including the Official Zoning District Map in order to encourage the most appropriate use of land, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF ATLANTIC BEACH, FLORIDA, That Ordinance No. 90-82-74 be amended as follows: Section 1. That the Official Zoning District Map and the described lands be amended as follows: Donners Replat - Block 23, Lots 2 and 3 from Residential General - Multiple Family to Commercial Limited. Section 2. This Ordinance shall become effective immediately upon its final passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading February 28, 1983 • Passed by the City Commission on Second Reading March 14, 1983 Passed by the City Commission on Third & Final Reading March 28, 1983 (SEAL) ATTEST: dYl i„ i. % (/l A, Adelaide R. Tucker City Clerk ORDINANCE NO. 90-83-77 AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED, OWNED BY W.A.BULL, TO "PUD" DISTRICT AS DEFINED UNDER THE LAND DEVELOPMENT CODE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, W.A. Bull, the owner of certain property herein described, has applied to the City Commission to zone said property "PUD" in accordance with the Land Development Code, and WHEREAS, the Advisory Planning Board has rendered its recommendation to the City Commission, including special conditions related thereto, and WHEREAS, the City Commission finds that (a) the "PUD" zoning is consistent with the Land Development Code and the Comprehensive Plan adopted by the City, and (b) the "PUD" zoning wial not adversely affect the health and safety of residents in the area and will not be detri- mental to the natural environment or to the use or development of the adjacent properties in the general neighborhood, now therefore BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Property zoned. The real property described in Section 2 below is hereby zoned "PUD" as defined and classified under the Land Development Code of the City of Atlantic Beach, Florida, in compliance with the application and plans on file with the City, and subject to the conditions previously imposed by the City Commission and the Advisory Planning Board, said conditions also being on file with the City. Section 2. Owner and description. The real property zoned by this ordinance is owned by W.A. Bull, borders Mayport Road on the west and Selva Marina golf course on the east, is just south of the Atlantic Beach water plant, contains 10.76 acres (more or less), will contain sixty-six (66) patio home units, and is to be known as "Fairway Villas." The property is located in Atlantic Beach, Duval County, Florida, and is more particularly described as follows: "A part of Government Lot 7 and Government Lot 10, Section 8, Township 2 South, Range 29 East, Duval County, Florida, being more particularly described as follows: For a point of beginning, commence at the northwest- erly corner of the Selva Marina golf course as re- corded in O.R. Vol. 652, Page 484, of the current public records of said county; thence S.1 degree 23' 15" E. along the west line of said Selva Marina golf course to its intersection with the south line of said Government Lot 10, a distance of 1875.00 feet; thence S. 89 degrees 03' 10" W. along the said south line of Government Lot 10 to its intersection with the easterly right of way line of Mayport Road ( a 100 foot right of way as now established) a distance of 250.01 feet; thence N. 1.degree 23' 15" W. along the said easterly right of way line of Mayport Road a distance. of 1873.08 feet; thence N. 88 degrees 37' 45" E. a distance of 250.00 feet to the point of beginning." Section 3. Effective date. This ordinance shall become effective immediately upon its passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the•City Commission on First Reading January 10, 1983 , 1983. Passed by the City Commission on Second Reading January_ 24, _, 1983. Passed by the City Commission on Third and Final Reading Feb.14 , 1983. (SEAL) ATTEST: Adelaide R. Tucker, City Clerk ORDINANCE NO. 90-82-76 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AMENDING ORDINANCE NO. 90-82-74, THE SAME BEING THE LAND DEVELOPMENT CODE, BY AMENDING SET -BACK REQUIREMENTS FOR CORNER LOTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 90-82-74 on July 26, 1982, the same being the Land Development Code, and WHEREAS, the Advisory Planning Board of the City of Atlantic did recommend that the set -back requirements for corner lots as specified in the Land Development Code be amended, and WHEREAS, the City of Atlantic Beach is a Home Rule Municipality pur- suant to the Constitution of the State of Florida and the Municipal Home Rules Powers Act, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, That Ordinance No. 90-82-74 be amended as follows: Section 1. That Section II -B-84 be amended to read as follows: 84. Lot, Corner A lot abutting upon two (2) or more streets or at a street intersection or at a street corner having an interior angle not greater than one hundred and thirty-five (135) degrees. The exterior lot line of the narrowest side of the lot abutting the street shall be considered the front yard. The exterior lot line of the longest side of the lot abutting the street shall be considered a side yard and shall have a minimum set -back of fifteen (15) feet. The opposite side yard shall have a minimum set- back of seven and one-half (72) feet. The rear yard shall have a minimum set -back of twenty (20) feet. Section 2. This ordinance shall become effective immediately upon its final passage. Passed by the City Commission on First Reading December 13, 1982 Passed by the City Commission on Second Reading December 27, 1982 Passed by the City Commission on Third and Final Reading January 10, 1983 • (SEAL) ATTEST: f �i t r' it , 1/-' 1� ;/C . tt <• Adelaide R. Tucker, City Clerk ORDINANCE NO. 90-82-75 AN ORDINANCE DELETING CHAPTER 23 OF THE CITY CODE OF ORDINANCES, THE SAME BEING THE ORDI- NANCE ESTABLISHING THE PROCEDURES AND STAN- DARDS FOR THE DEVELOPMENT OF REAL ESTATE; PRO- VIDING AN EFFECTIVE DATE WHEREAS, the City Commission adopted Ordinance No. 90-82-74, an ordinance amending Chapter 28 of the Ordinance Code, the same being the Zoning Ordinance, and WHEREAS, Ordinance No. 90-82-74 contained Subdivision Regulations which supercede the requirements of Chapter 23 of the City Code of Ordinances, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 23 of the Ordinance Code of the City of Atlantic Beach, entitled "Subdivision of Land", be deleted in its entirety. Section 2. This ordinance shall become effective upon its final passage. ., ;: ,. ., „ ,. ,. ,. ,. ,: * * * * „ * * „ * ;; * * * Passed by the City Commission on First Reading August 9, 1982 Passed by the City Commission on Second Reading August 23, 1982 Passed by the City Commission on Third and Final Reading September 13, 1982 (SEAL) ATTEST: (/ Adelaide R,. Tucker, City Clerk ORDINANCE NO. 90-82-74 AN ORDINANCE AMENDING CHAPTER 28 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, THE SAME BEING THE ZONING ORDINANCE; PROVID- ING AN EFFECTIVE DATE THEREOF. WHEREAS, the City of Atlantic Beach, Florida, did adopt a Compre- hensive Plan on June 26, 1981, pursuant to Section 163.3161 - 163.3211 of the Florida Statutes, cited as the "Local Government Comprehensive Planning Act of 1975"; and WHEREAS, the Advisory Planning Board of the City of Atlantic Beach did submit to the City Commission on March 3, 1982, a report referred to as the "Tentative Report of the Zoning Ordinance" after numerous public meetings required to prepare the report; and WHEREAS, the City Commission did, on March 3, 1982, discuss the "Tentative Report of the Zoning Ordinance" and make certain recommendations to the Advisory Planning Board; and WHEREAS, the Advisory Planning Board considered the recommendations and held a public hearing on the "Tentative Report of the Zoning Ordinance"' and WHEREAS, pursuant to the public hearing, the "Tentative Report of the Zoning Ordinance" was discussed and amended, and WHEREAS, the Advisory Planning Board completed the final report on May 25, 1982, and unanimously agreed to present the final report as a recom- mendation for a proposed zoning ordinance; and WHEREAS, the City of Atlantic Beach is a Home Rule municipality pur- suant to the Constitution of the State of Florida and the "Municipal Home Rule Powers Act", NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 28 of the Ordinance Code of the City of Atlantic Beach, entitled "Zoning", be deleted in its entirety. Section 2. That the Land Development Code, attached hereto as Exhibit "A", be adopted in its entirety. Section 3. This ordinance shall become effective upon its final passage. * :: X * k * * * * * * is * * * * '* k * * :: * * :° * * * y. Passed by the Passed by the Passed by the (SEAL) City Commission on First Reading June 14, 1982 City Commission on Second Reading June 28, 1982 City Commission on Third and Final Reading July 26, 1982 . ATTEST: Pat Whitney, City Clerk ORDINANCE NO. 90-82-72 AN ORDINANCE AMENDING CHAPTER 28 ENTITLED "ZONING" OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, BY ADDING THERETO BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Chapter 28, entitled "Zoning" of the Code of the City of Atlantic Beach, Florida, is hereby amended by adding thereto the following: Section 28.14(b)(11). Outside display or sales of used furniture, clothing, dry goods, hardware, or other similar materials. Section 28.15(b)(10). Outside display or sales of used furniture, clothing, dry goods, hardware, or other similar materials. Section 28.16(b)(3). Outside display or sales of used furniture, clothing, dry goods, hardware, or other similar materials. Section 2. This ordinance shall become effective upon its final passage. Passed by the City Commission on First Reading May 24, 1982 Passed by the City Commission on Second Reading June 14, 1982 Passed by the City Commission on Third and Final Reading June 28, 1982 (Effective Date Deferred Until August 28, 1982) ATTEST: (SEAL) \ J� Pat Whitney, City Clerk • § 28-1 Zoning § 28-1 CHAPTER 28. ZONING.1 § 28-1. Definitions. § 28-2, Districts designated. § 28-3. Adoption of zoning map. § 28-4. Interpretation of boundaries of districts. § 28-5. General provisions. § 28-6. Residence "AA" (RAA) Single -Family Districts. § 28-7. Residence "A-1" (RA -1) Single -Family Districts. § 28-8. Residence "A" (RA) Single -Family Districts. § 28-9. Residence "AC" (RAC) Districts. § 28-10. Residence "B" (RB) Districts. § 28-11. Residence "C" (RC) Districts. § 28-11.1. Residence "C-1" (RC -1) Districts. § 28-12. Residence "D" (RD) Districts. § 28-12. 1. Residence "D-1" (RD -1) Districts. § 28-13. Business "AA" (BAA) Districts. § 28-14. Business "A" (BA) Districts. § 28-15. Business "A-1" (BA -1) Districts. § 28-16. Business "B" (BB) Districts. § 28-17. Industrial (IA) Districts. § 28-17.1. Planned unit development. § 28-18. Board of adjustment. § 28-19. Chapter deemed minimum standards. § 28-20. Conflicts with other laws, covenants, etc. § 28-21. Business andindustrial structures to be approved by city commission. § 28-22. Liability for violations. Sec. 28-1. Definitions. For the purposes of this chapter, thefollowing words and phrases shall have the meanings respectively ascribed to them by this section: Accessory building. A subordinate building, the use of which is incidental to the main building. Alleys. Any street or lane less than thirty feet wide. Apartment. A dwelling containing accommodations for three or more families served by a common entrance hall. 1. For charter provisions as to authority of city relative to zoning, see Char. , H § 9(6), 127 to 147. For state law as to municipal zoning, see Fla. Stats. , § 176. 01 'e t seq. As to planning for future development, see Fla. Stats. , H § 163. 160 to 163. 315. For law review articles and notes as to zoning, see 6 Fla. L. Rev. 355, 13 Fla. L. Rev. 479, 18 Fla. L. Rev. 430, 8 Miami L. Q. 266, 10 Miami L. Q. 236. As to subdivision of land, see ch. 23 of this Code. As to setback requirements for swimming pools, see § 24-3. 199 Supp. #4, 9-72 § 28-1 Atlantic Beach City Code § 28-1 Attached„ Where a secondary or a.ccessor, building is to he attached to a main building, the minimum attachment shall be by means of a permanent roof installation. Attic. The space between the top story and a roof. Basement, A story partly below ground but having at least one-half of its height above the mean level of the adjoining ground. A ha.sement shall be counted as a story. Boarding house, A building other than a hotel where meals and lodging for more than five persons are served for compensation. Building, Such term includes the term structure. Cellar, A story having more than one-half of its height below the mean level of the adjoining ground. A cellar shall be counted as a story for height measurement. Court. An unoccupied space, other than a yard, enclosed on two or more sides by walls of the building and on the same lot with it and open to the sky, unobstructed by roof, skylight or other appendage, A court which extends for its full required width to a street, rear yard or front yard is an outer court., A courtnot thus extend- ing is an inner court. A court or offset shallower than the width of its open side shall be considered to be a part of the open space on which it abuts. Coverage. That portion or area of any lot occupied by the enclosed portion of any building. Depth of a lot. The mean distance from a street line of the lot to its opposite rear line, measured in the mean general direction of the side lines of the lot. Detached, As applied to a building, such term means not attached or not ad-• joining another building, but is isolated separate and complete within itself. De- tached, as applied to the living units of a two family or multiple family dwelling shall apply to each living unit therein and shall mean that each unitis complete within it- self and with separate entrances from the outside. "Detached'` shall not prohibit a garage from being a part of any dwelling or a garage structurally connected with any dwelling. Dwelling, multiple.. A building designed for or occupied as a residence by three or more families living independently of each other. Dwelling, one -family. A detached building designed for or occupied by one fam- ily only. Dwelling, two-family (duplex). A building designed for or occupied by two fam- ilies only, Enclosed. Not open, but shut in by solid walls. Glass shall be considered a part of such solid walls, Lattice work, screening or garage doors shall not be con- sidered "enclosed." 200 Supp. #4, 9-72 § 28-1 Zoning § 28-1 Family. One or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit exclusive of house- hold servants. A number of persons but not exceeding two living and cooking together as a single housekeeping unit though not related by blood, adoption , or marriage shall be deemed to constitute a family. 200.1 Supp. #5, 12-74 § 28-1 Zoning § 28-1 Front yard. An open space the full width of the lot on the same lot with a build- ing, unoccupied and unobstructed from the ground upward between the street line and the building, except as otherwise provided herein. Garage, community. A group, community or neighborhood garage to contain not more than twenty motor vehicles, with not more than five vehicles to a unit. Garage, private. A building or portion thereof used for housing or the care of self-propelled vehicles for the use of the owners or occupants of dwellings. Garage, public. A garage other than a private or community garage, used for the housing, care or repairing of self-propelled vehicles. Ground or first story. The lower story entirely above the mean grade of the adjoining ground. Half story. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. Height of building. The vertical distance of the highest point of the roof above the mean grade of the ground adjoining the building. Hotel. A building occupied as the more or less temporary abiding place of in- dividuals who are lodged with or without meals and in which there are more than twenty sleeping rooms usually occupieE1 singly and no provision made for cooking in any room or suite of rooms. The worrl "hotel," as indicating a use, shall include all of the appurtenant and accessory uses and shall also include additional uses that are incidental and proper to the conduct of a resort hotel, but shall not include any use that is not directly incident, appurtenant or accessory to the use of the hotel, its owner, its management and its guests. Junk yard. A lot or group of contiguous lots used for the dismantling or wreck- ing of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts, or storage or sale of any other type of salvage material. Lodging house. A building, other than a hotel, where lodging for five or more persons, without meals, is provided for compensation. Lot. Any lot or plot occupied or intended to be occupied by any building and its accessory buildings. Whenever the description of a lot is filed with the building inspector, a "lot" shall be the lot so described. In the case of a corner lot,the front of the lot is that side of the lot facing the street which has the smaller frontage and the side of the lot is that side, facing the street which has the larger frontage, but this designation of front and side of corner lots is without reference to building ar- rangements. In the case of lots running from street to street, the front of the lot is adjacent to the wider street. The word "lot" shall include the words "plot" and "tract. " 201 § 28-1 Atlantic Beach City Code § 28-1 Main or principal building. A dwelling adjacent to the front lot or street line. Mezzanine story. Such a story shall be deemed a full story where it occupies more than one-third of the area of the story next below. Minimum distance. The "minimum distance" and the "average distance'➢ from a building to a lot line or street line are always measured at right angles to such a line. Motel (tourist court). A group of attached or detached buildings containing in- dividual sleeping units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space as hereinafter provided. Nonconforming use. A building or land occupied by a use that does not conform with the regulations of the district in which it is situated. Occupied. Such term includes designed or intended to be occupied. Parking space. That part of a lot or tract set apart for the parking or storage of one vehicle. Party wall. A wall erected and standing on a line between two living units in a two-family or multiple -family dwelling as a dividing partition for the use in common of adjoining units. Rear lot line. The dividing line between two tiers of lots or, in the case of one tier, the line abutting the narrowest or less important street. Rear yard. Required open space, unoccupied except for accessory buildings or secondary dwellings, as hereinafter provided, the full width of the lot, between the rear wall of the building through its height and the rear line of the lot. In the case of a triangular lot with only one side fronting on a street, the rear yard shall be the open space, unoccupied except for accessory buildings or secondary dwellings as hereinafter provided, between the rear wall of the building and a line parallel to the rearwalland half way between it and the point of terc+ec o_ of the of o linesof the co au vsa.. �n�,w+i�v..+t�.v� v �h�, uid., lsns..0 lot. Reversed frontage. Corner and other lots at either end of a block originally facing or later subdivided to face an intersecting street at approximately right angles to the remaining interior lots of such block. Secondary building or dwelling. A dwelling for one family built in the rear of the main building. Semidetached. "Semidetached" is applied to a dwelling which looks like a sep- arate or detached dwelling, but which is in reality constructed so as to provide a dwelling for two or more families and which has a common entrance from outside. Side yard. A required open, unoccupied space within the lot between a side lot line and the parts of the building nearest to such a side lot line. Such side yard must extend through for its required width from the street line or the front yard to the rear yard or its equivalent or to another street. 202 § 28-2 Zoning § 28-2 Small announcement sign or name . plate. A sign or plate not more than one square foot in area. Street. A public thoroughfare not less than thirty feet wide. The ocean front beach is included and defined as a street. Street line. The dividing line between a street and a lot. Structure. Includes the terms building, appurtenance, wall, . platform, staging or flooring used for standing or seating purposes, a shed, fence, sign or billboard on public or private. property, or on, above or below a public street or highway. Trailer or mobile home. Any unit used for living or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting such unit from place to place , whether by motive power or other means Trailer or mobile home park. An area where more than one house trailer or house cars may be located and used as temporary living or sleeping quarters of individuals or families and intended primarily for automobile tran- sients. Upper story. Any story above the first or ground story. Used. Includes designed or intended to be used. Width of a lot. The mean width of a lot measured at right angles to its depth. (Ord. No. 90-59-3, § 2; Ord. No. 90-74-64, § 1.) Sec . 28-2 . Districts designated. The city is hereby zoned and divided into eleven districts as follows: Residence Residence Residence Residence Residence Residence Residence Residence nAA" "A-1" nAn "AC" "B" "C" "C-lrr "D" Residence "D-1" Business "AA" Business "A" Business "A-1" Business "B" Industrial "A" (Ord. No. 90-59-3, § 1; Ord. No. 90-62-14, No. 90-70-35, § 1; Ord. No. 90-71-43, § 1.) (RAA) (RA -1) (RA) (RAC) (RB) (RC) (RC -1) (RD) (RD -1) (BAA) (BA) (BA -1) (BB) (IA) § 1; Ord. No. 90-65-21, § 1; Ord. § 28-3 Atlantic Beach City Code § 28-5 Sec. 28-3 . Adoption of zoning map .2 The location and boundaries of the districts established by this chapter shall be as shown on the zoning map of the city, which map is hereby adopted and made a part of this chapter. (Ord. No. 90-59-3, § 1.) Sec . 28-4 . Interpretation of boundaries of districts. The boundaries of the districts established by this chapter , as indicated on the zoning map, are intended to follow the center lines of streets or alleys or their extensions or lot lines or their extensions as they existed at the time of the adoption of this chapter , but when the boundary line does not coincide with any of the aforesaid lines or where it is not located by dimensions shown on the zoning map, it shall be deemed to be distant from the nearest known point according to the scale of the zoning map. (Ord. No. 90-59-3, § 1.) Sec. 28-5 . General . rovisions . The provisions of this section shall apply in both the residence and busi- ness districts, except where the context specifically indicates its application to residence districts only or business districts only. (a) Accessory buildings. Accessory buildings or structures, the use of which is incident to the main building, including private garages , tool rooms, etc. , shall be permitted in the rear yard area, shall not be more than one story in height and shall not cover more than twelve percent of the lot area. Only one such building shall be permitted on each building site and no part of any accessory building shall be nearer than five feet to any side or rear lot line. On a corner lot , no part of any accessory building shall pro- ject in front of the required setback line on either street. Space shall not be leased or let for any use or purpose other than those incident to the use of the main building. (al) Building height limit. No building or structure shall he erected to a height in excess of thirty feet . (b) Adjoining districts. Where a residence district adjoins a business district, the adjoining lot with the lesser restrictions shall be provided with a front yard, rear yard or side yard at least one-half the size of those required for the adjoining lot with the greater restrictions. (c) Courts required. A yard or court on the same lot shall be pro- vided wherever needed to give adequate light and ventilation to any room in which persons live, sleep, work or congregate. (d) Existing buildings; nonconforming uses. Except as hereinafter provided, no building or premises shall be used, constructed, reconstructed, extended or structurally altered except in conformity with the provisions of this chapter which apply 2. Editor's note. --The zoning map is not set out in this Code. Such map, as amended, is on file in the office of the city clerk. 204 Supp. #5, 12-74 § 28-5 to the district in which it is located; provided, that any nonconforming use existing on January 24, 1940, may be continued or changed to another nonconforming use not substantially different in its purpose or manner of application, and no more harmful or objeotionable; provided, that the building involved shall be neither structurally altered or enlarged to an extent greater than fifty percent of the assessed value of the building on July 24, 1940, unless the building in all parts shall conform to the height and area provisions of this chapter for the district involved. No nonconform- ing use, if once changed to a use permitted in the district in which it is located, shall ever be changed back to a nonconforming use. (e) Fences and walls; seawalls. (1) In the area between the front property line and the front building setback line, no fence or wall shall exceed four feet in height. (2) In the area between the front building setback line and the rear property line, no fence or wall shall exceed six feet in height. (3) No person shall construct, erect or place on any property within the city any seawall or retaining wall without first obtaining a permit therefor from the city and submitting adequate plans and specifications to show the building official of the city the construction contemplated. For the purpose of this section, a seawall or retaining wall is defined to be any wall used to resist the lateral displacement of any material. (4) Notwithstanding any provision hereof, no fence shall be constructed con- trary to the provisions of subsection (n) of this section. (f) Loss by fire, etc. Nothing in this chapter shall prevent the restoration of a building destroyed less than fifty percent of the assessed value, exclusive of the foundations, by fire, explosion, Act of God or act of public enemy, or shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof. (g) Minimum open space. No lot or plot shall be so reduced in area that any yard, court or other open space will be smaller than is prescribed in this chapter for the district in which it is located. (h) ;'Off-street parking. (1) Minimum space. Each off-street paved parking space shall consist of a minimum net area of one hundred sixty square feet, exclusive of entrance ways, driveways and other appurtenances, and each off-street paved parking space shall be provided with vehicular access to a street or alley. No part of the off-street paved parking space required for any building or use for the purpose of complying with the provisions of this chapter shall be included as part of the off-street paved parking spaces similarly required for another building or use. Supp. #1, 5-70 § 28-5 Atlantic Beach City Code § 28-5 (2) Residential uses. For each family dwelling unit of any building hereafter erected for dwelling purposes, there shall be provided on the same lot therewith not less than one off-street paved parking space. Such off-street paved parking space shall not occupy any part of a required front yard. (3) Places of public assembly. Every place of public assembly, whether indoor or outdoor, except public school auditoriums, shall have provided not less than one off-street parking space for each ten seats of the total seating capacity of such place of public assembly. (4) Hospitals. Every hospital or similar institution shall have provided not less than one off-street parking space for each two beds of the rated bed capacity of such hospital or similar institution. (5) Hotels, boarding houses, rooming houses, etc. Every hotel, boarding house, lodging house, guest house or other place accommodating transient guests shall have provided not less than one off-street parking space for each three guest rooms contained therein. (6) Motels, tourist courts, group housing. Every motel, tourist court or group housing establishment shall have provided not less than a number of parking spaces equal to at least eighty percent of the number of rentable sleeping units of the enterprise plus one space for the management or owner. This provision shall apply to and include combination living room and bedroom units. (7) Other buildings and uses. Every retail store, office building, wholesale or industrial establishment shall have provided not less than one off-street parking space for each five hundred square feet or portion thereof the gross floor area of such building or use. (8) Location of off-street parking spaces. Except as otherwise prescribed for dwelling units, off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is located; provided, that for buildings or uses located in business A and B districts, parking spaces may be located on another site provided such site is not more than five hundred feet from the building or use. (i) Outside stairs. No unenclosed outside frame stairs shall be erected to give access to a front, rear or side entrance to other than the first story of any building. Fire escapes required by law are excepted and outside secondary stairways to the rear of two-family houses hereafter constructed in Residence B, C, and D zones are excepted, (j) Public utilities. In any residence district, public utilities and public ser- vice structures may be permitted with the unanimous approval of the city commission. In any other districts, no such approval is required. (k) Real estate signs. Not more than one real estate sign advertising the sale, rental or lease of only the premises on which it is maintained is permitted. Such sign shallnotbe more than four square feet in area and shall conform to setback lines. 206 Supp. #1, 5-70 § 28-5 Zoning § 28-5 (1) Secondary dwellings. (1) In any district, when a lot has a width of fifty feet or more and extends• from street to street , a secondary single dwelling, which may be com- bined with a private garage with a capacity of not more than two motor vehicles , may be erected in the rear of a principal dwelling; provided, that the secondary dwelling shall not be more than twenty-five feet high, that there shall not be less than twenty feet between the principal and secondary dwellings, the side yard regulations for proper zone shall apply to the sides of the secondary dwel- ling, a driveway or open space not less than ten feet wide shall be maintained to give access thereto from the street and no part of a secondary dwelling shall be nearer than five feet to the rear lot line of any lot . (2) Any existing secondary dwelling or accessory building that is in violation of the above provisions may be rebuilt, enlarged, remodeled or struc- turally altered if such reconstruction is completed before January 1, 1961; pro- vided, that no rear or side setback distance shall be reduced to less than the rear or side setback distances existing on November 9, 1959. (3) Any existing secondary dwelling or accessory building that is encroaching on the street right of way shall not be rebuilt , enlarged, remodeled or structurally altered unless such encroachment is removed from the street right of way. If such encroachment is removed, the provisions of paragraph (2) above shall apply (4) On and after January 1, 1961, no existing secondary dwelling or accessory building in violation of any of the provisions of paragraph (1) above shall be rebuilt, enlarged, remodeled or structurally changed. (m) Temporary residence. No trailer , basement , tent, shack , garage or other accessory building erected or moved onto any lot in any district shall be used as a residence, temporarily or permanently , nor shall any residence of temporary character be permitted. (n) Traffic visibility across corners. In any district , no fence, sign or any planting shall be maintained, except that which does not interfere with traffic visibility across corners. This determination shall be made by the city manager or his appointed agent, and property owners in violation thereof shall be advised to make the necessary removal. (o) Unsafe buildings. Nothing in this chapter shall prevent the 1" strengthening or restoring to a safe condition of any building or wall declared unsafe by the building inspector . (p) Proximity of duplicate or similar homes. To enhance land develop- ment, and to forestall degradation of land use within the city , construction of nearby one -family dwellings, which are duplicates or intensely similar , shall be avoided. Such similarity considers the external configuration and appearance 207 Supp. #6, 12-76 § 28-6 Atlantic Beach City Code § 28-6 (i.e. , roof, outer wall materials, window size and design, and other like characteristics) of structures. In accord with the foregoing, similar or dupli- cate homes shall not be constructed within close proximity of each other , and shall be at least five hundred feet apart if any one similar dwelling is visible from any other similar dwelling. (Ord. No. 90-59-3, § 3; Ord. No. 90-59-4, § 2; Ord. No. 90-69-32, §§ 1, 2; Ord. No. 90-69-33, § 1; Ord. No, 90-70-37, § 1; Ord. No. 90-73-59; Ord. No. 90-76-65, § 1.) Sec. 28-6 Residence "AA" (RAA) Single -Family Districts. The following regulations shall apply within each Residence "AA" District: (a) Permitted uses. Within any Residence "AA" District as indicated on the zoning map, no building or premises shall be used and no structure shall be erected which is intended or designed to be used in whole or in part for any industry , trade, manufacture or commercial purpose or for other than the follow- ing specified purposes. (1) A single detached one -family private dwelling. (2) Municipal parks, (b) Building site area required . The minimum building site area shall be one lot or a parcel of land of at least seventy-five hundred feet in area and a minimum frontage at the building line of seventy-five feet. Where a lot or parcel of land has an area and frontage of less than the required minimum and was a lot of record in Duval County on January 12, 1959, the lot may be occupied by a one -family dwelling; provided, that the minimum side, front and rear yard requirements set out in this chapter shall be conformed with. (c) front yard required. There shall be a from. yard having a depth of one-sixth of the depth of the lot, but in no case shall the front yard be less than twenty-five feet. (d) Side yard required. There shall be a side yard on each side of a building having a width of one-tenth of the width of the lot, but in no case less than ten feet. On corner lots, the side yard on the street side shall be fifteen feet. (e) Rear yard required. There shall be a rear yard having a depth of not less than thirty feet, except as provided for Residence "A" Districts. (f) Building height limit. No dwelling shall exceed two stories or thirty feet in height. (g) Minimum lot coverage. (1) One story, fourteen hundred square feet enclosed heated living area; except, that on existing platted lots having a frontage of less than sixty Supp. #6, 12-76 § 28-7 Zoning § 28-7 feet to be used as a building plot, the above requirements are reduced by two hundred square feet. (2) Two story , nine hundred square feet enclosed coverage on the ground floor and not less than a total of fourteen hundred square feet enclosed heated living area. (h) Accessory buildings. Any accessory building shall be compatible with the main building. (Ord. No. 90-59-3, § 4; Ord. No. 90-72-55, § 1.) Sec. 28-7. Residence "A-1" (RA -1) Single -Family Districts The following regulations shall apply within each Residence "A-1" Dis- trict: (a) Permitted uses. Within any Residence "A-1" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry , trade, manufacture or commercial purposes or for other than one or more of the following specified purposes: (1) A single detached one -family private dwelling. (2) Any use permitted in a Residence"A" District . (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. There shall be a side yard on each side of a building having a width of one-tenth of the width of the lot , but in no case less than ten feet; except, that on existing platted lots having a frontage of less than sixty feet, the side yard shall be not less than seven and one-half feet. On corner lots the side yard on the street side shall be fifteen feet. (e) Rear yard required. The requirements shall be the same as those for a Residence "A" District. (f) Building height. ` The requirements shall be the same as those for a Residence "A" District. (g) Minimum lot coverage. (1) One story, twelve hundred square feet enclosed heated living area. 209 Supp. #6, 12-76 § 28-8 Atlantic Beach City Code § 28-8 (2) Two story, seven hundred fifty square feet enclosed coverage on the ground floor and not less than a total of twelve hundred square feet enclosed heated living area. (h) Accessory buildings. Accessory buildings are permitted , (Ord. No. 90-60-8, § 2; Ord. No. 90-70-38, § 1; Ord. No. 90-72-56, § 1; Ord. No. 90-76-68, § 1.) Sec. 28-8. Residence "A" (RA) Single -Family Districts. The following regulations shall apply within each Residence "A" District: (a) Permitted uses. Within any Residence "A" District, as indicated on the zoning map, no building or premises shall be used and no structure shall be erected which is intended or designed to be used in whole or in part for any industry , trade, manufacture or commercial purpose or for other than the follow- ing specified purposes: (1) A single detached one -family private dwelling. (2) The office of a physician or surgeon, dentist , musician, lawyer , architect, teacher or other like professional person residing on the premises; provided, that there shall be no display from the street nor advertising, except a small professional name plate, and adequate off street parking shall be pro- vided. (3) Municipal administrative buildings, municipal recreational build- ings, municipal playgrounds and municipal parks. (4) Public libraries and public museums; provided, that there shall be no display visible from the street or advertising on the premises . (5) Churches and other places of worship, parish houses and Sunday School buildings. (6) Schools, colleges, clubs, lodges, social and community center buildings, except those a chief activity of which is a gainful service or activity usually conducted as a business , such as dancing or bowling; provided, that there shall be no display or advertising from the street, and the approval of the city commission shall be secured in the following manner and a copy of such ap- proval shall be filed with the building inspector. Approval shall be only given by the city commission by ordinance passed by a four-fifths affirmative vote of a quorum present at a duly constituted regular or special meeting. (b) Building site area required. The minimum building site area shall be one lot or parcel of land of at least five thousand square feet in area and a minimum frontage at the building line of fifty feet; provided, that any lot not less than twenty-five feet in width shown on any recorded plat or deed on January 24, 1940, is excepted, but the required front yard, side yard and rear yard shall be maintained. 210 § 28-8 Zoning § 28-8 (c) Front yard required. There shall be a front yard having a depth of one-sixth of the depth of the lot , but in no case shall the front yard be less than twenty feet . (d) Side yard required. (1) There shall be a side yard on each side,of a building having a width of one-tenth of the width of the lot , but in no case less than seven and one-half feet . (2) On a corner lot, the side yard on the street shall be fifteen feet. (3) Eaves and cornices shall not extend more than one-third of the width of the open space over which they project, and not more than four feet in any case . (4) In case of a lot being replatted so as to create two lots facing another street , the side yard on the street side of the new corner lot shall be not less than one-sixth of the depth of the original lot or lots before replatting . The front yards of the new lots shall be not less than one-sixth of the depth of the new lots , and not less than twenty feet . (e) Rear yard required. (1) There shall be a rear yard having an area of fifteen hundred square feet , bounded by the side property lines , the rear property line and a line parallel to the rear property line passing thru the rear most extremity of the main building, but in no case shall the main building be closer than twenty feet to the rear proper- ty line . 210.1 Supp. #6, 12-76 § 28-9 Zoning § 28-9 In case of a lot having less than one hundred feet depth on January 24, 1940, the area of the rear yard may be reduced by 1.666 percent for each foot of the depth of the lot under one hundred feet, but in no case shall the main building be closer than fifteen feet to the rear property line. (2) Notwithstanding the provisions above, when the garage is attached to and a. part of the main building, the garage (but no other part of the main building) may extend no nearer than one-tenth of the depth of the lot to the rear lot line; provided, that in no case shall the same extend nearer than ten feet to the rear lot line. The term "garage," as herein used, shall mean a structure or space designed primarily for the storage of motor vehicles and used primarily for that. purpose , but such term shall also include space devoted to and used for household laundry. purposes, storage, servant's toilet and like household. purposes. Such term shall not include living quarters. (f) Repealed by Ordinance Number 90-73-59. (g) Minimum lot coverage. (1) One story, twelve hundred square feet enclosed heated living area. (2) Two story, two hundred fifty square feet enclosed coverage on the ground floor and not less than a total of twelve hundred square feet en- closed heated living area. (h) Accessory buildings. Accessory buildings are. permitted. (Ord. No. 90-59-3, § 5; Ord. No. 90-60-10, § 1; Ord. No. 90-70-38, § 1; Ord. No. 90-72-53; Ord. No. 90-72-57, § 1; Ord. No. 90-73-59; Ord. No. 90-73-61, § 1 ) Sec . 28-9 . Residence "AC" (RAC) Districts . The following regulations shall apply within each Residence "AC" Dis- trict: (a) Permitted uses. Within any Residence "AC" District, as indicated on the zoning map, no building orpremises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry , trade or any manufacture or commercial purpose, or for other than one or more of the following specified purposes: (1) Any usepermitted in Residence "A" Districts. (2) Any use permitted in Residence "B" Districts. (3) Any use permitted in Residence "C" Districts. 211 Supp. #5, 12-74 § 28-10 Atlantic Beach City Code § 28-10 (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. Residence "A" District. (d) Side yard required. Residence "A" District. (e) Rear yard required. Residence "A" District. The requirements shall be the same as those for a The requirements shall be the same as those for a The requirements shall be the same as those for a (f) Building height. The requirements shall be the same as those for a Resi- dence "A" District. (g) Minimum lot coverage. The requirements shall be the same as those for a Residence "C" District. (h) Accessory buildings. Accessory buildings are permitted. (Ord. No. 90- 60-8, § 3. ) Sec. 28-10. Residence "B" '(RB) Districts. The following regulations shall apply within each Residence "B" Districts (a) Permitted uses. Within any Residence "B" District, as indicated on the zon- ing map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry, trade, manufacture or commercial purposes or for other than one or more of the following specified purposes: (1) Any use specified above in sections 28-6 and 28-8. (2) A single detached two-family dwelling for two families, the units of which are detached, semidetached or between party walls. (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. The requirements shall be the same as those for a Residence "A" District. 212-212.2 Supp. #5, 12-74 § 28-10 Zoning § 28-10 be erected which is intended or designed to be used in whole or in part for any indus- try, trade, manufacture or commercial purposes or for other than one or more of the following specified purposes: (1) Any use specified above in sections 28-6 and 28-8. (2) A single detached two-family dwelling for two families, the units of which are detached, semidetached or between party walls. (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. The requirements shall be the same as those for a Residence "A" District. 212. 1 Supp. #1, 5-70 § 28-11 Zoning § 28-11 (e) Rear yard required. The requirements shall be the same as those for a Residence "A" District.. (f) Building height. The requirements shall be the same as those for a Resi- dence "A" District. (g) Minimum lot coverage. (1) For a single-family residence, the requirements shall be the same as those for a Residence "A" District. (2) For two-family residences (duplex), each living unit shall have eight hundred fifty square feetof enclosed living area. (h) Accessory buildings, Accessory buildings are permitted. (Ord. No. 90- 59-3, § 6; Ord. No. 90-65-27,- § 1. ) Seco 28-1.1. Residence. " C" (RC) Districts. The following regulations shall apply within each Residence "C" District: (a) Permitted uses. Within any Residence "C" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used inwhole or in part for any indus- try, trade, or any manufacture or commercial purpose, or for other than one or more of the following specified purposes: (1) Any uses specified in sections 28-6, 28-8 or 28-10. (2) A single detached multiple dwelling for three or more families, the units of which are detached, semidetached or between party walls. (3) Hotels, motels and apa:'•tment houses. (4) Boarding houses, lodging houses and dormitories; provided, that there shall be no display or advertising visible from the street, other than a small an- nouncement sign. A public restaurant or dining room shall be allowed only as an accessory use in such. building. (5) The renting of rooms or the furnishing of table board in a dwelling oc- cupied as a private residence; provided, that there shall be no display from the street and no signboard used to advertise such use, except for a small announcement sign. (3) Schools, colleges, clubs, lodges, social and community center buildings, except those a chief activity of which is a gainful service or activity usually conducted as a business, such as dancing or bowling; provided, that there shall be no display or advertising from the street. 213 Supp. #2, 5-71 § 28-11 Atlantic Beach City Code § 28-11 (b) Building site area required , The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District, (d) Side yard required. The requirements shall be the same as those for a Residence "A" District. (e) Rear yard required. The requirements shall be the same as those for a Residence "A" District. (f) Building height. No building or structure shall be erected to a height in ex- cess of thirty feet; except, that in the case of a church, library, municipal or insti- tutional building, no part of any such building shall be erected in excess of a height of sixty feet. Flag poles, radio towers and church spires are excepted from this provision. In buildings having an over-all height of thirty feet or less, the mini- mum distance between the finished floor surface and the ceiling shall be not less than eight feet, this provision being applicable to each story or living space in such structure, (g) Minimum lot coverage. (1) For single-family residences, the requirements shall be the same as those for a Residence "A" District. (2) For two-family residences (duplex), each living unit shall have eight hun- dred fifty square feet of enclosed living area. (3) nstructures with Tur^than two liVing units, cza iii1Ygan t with tlone bedroom shall have as a minimum seven hundred fifty square feet of enclosed living area. Each living unit with two bedrooms shall have as a minimum eight hundred fifty square feet of enclosed living area. Each living unit with three bedrooms shall have as a minimum one thousand square feet of enclosed living area. The maximum ratio of living units per acre of land shall not exceedtwenty units. In a contiguous complex of twenty or, more living units under single proprietorship or management, each living unit shall have the following minimum net living area as measured to the inside finished perimeter walls, exclusive of stairs, stairwell, stair case and utility or storage room; provided, that if utility or storage facilities are not included with- in each living unit, a common area for storage and utilities shall be furnished on the same site as a part of the complex: Apartment Type Net Area Efficiency with bedroom area combin- ed with other living areas 480 sq. ft. 1 bedroom with individual bedroom area permanently partitioned from other living areas 575 sq. ft. 214 Supp. #2, 5-71 § 28-11.1 Zoning artment Type Net Area 2 bedrooms with each individual bed- room area permanently partition- ed from the living areas 3 bedrooms with each individual bedroom area permanently partitioned from other living areas 4 bedrooms with each individual bedroom area permanently parti- tioned from other living areas Over 4 bedrooms, add 150 sq, ft. per additional room 700 sq. ft. 840 sq. ft. 990 sq. ft. § 28-12 (4) The minimum number of motor vehicle (auto) parking spaces required shall be not less than 1.70 per apartment living units. No "curb side" or "on -street" parking spaces will be considered in arriving at the above required number of park- ing spaces. (h) Accessory buildings. Accessory buildings are permitted. (i) Consideration of plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17. 1 (Planned Unit Development). (Ord. No. 90-59-3, § 7; Ord. No. 90-65-23, § 1; Ord. No. 90-65-24, § 1; Ord. No. 90- 65-27, § 2; Ord. No. 90-71-46, § 1; Ord. No. 90-74-63, § 1. ) Sec. 28-11. 1. Residence "C-1" (RC -1) Districts.3 The following regulations shall apply within each Residence "C-1" District: (a) Permitted uses. Within any Residence "C-1" District, as indicated on the zoning map, no building or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for other than the following specified purpose: (1) Trailer parks for residential purposes. (b) Consideration of plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17. 1 (Planned Unit Development). (Ord. No. 90-70-35, § 1; Ord. No. 90-74-63, § 1. ) Sec. 28-12. Residence "D" (RD) Districts. The following regulations shall apply within each Residence "D" District: 3. As to requirements for trailer parks generally, see ch. 26 of this Code. 215 Supp. #5, 12-74 § 28-12.1 Atlantic Beach City Code § 28-12.1 (a) Permitted uses. Within any Residence "D" District, as indicated on the zoning map, no building or premises shall be used, and no building or structure shall be erected, which is intended or designed to be used in whole or in part, for other than one or more of the following specified purposes: (1) Any use specified in sections 28-6, 28-8, 28-10 or 28-11. (2) Plant nurseries , children's nurseries or other home industry operated solely by members of the family and employing no outside help , air- ports and related services and facilities, golf courses and municipal utility and service facilities. (b) Building site area required. The requirements shall be the same as those for a Residence "A" District. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. The requirements shall be the same as those for a Residence "A" District. (e) Rear . yard required. The requirements shall be the same as those for a Residence "A" District. (f) Building height. The requirements shall be the same as those for a Residence "A" District . (g) Minimum lot coverage. In any type of residential structure, each living unit shall have as a minimum eight hundred fifty square feet of enclosed living area. (h) Accessory buildings. Accessory buildings are permitted. (i) Off-street parking. Off-street parking shall be provided as set out in subsection (h) of section 28-5. (j) Consideration of . plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17.1 (Planned Unit Development). (Ord No. 90-59-3, § 8; Ord. No. 90-65-27, § 3; Ord. No. 90-71-44, § 1; Ord. No. 90-74-63, § 1.) Sec. 28-12.1. Residence "D-1" (RD -1) Districts. The following regulations shall apply within each Residence "D-1" District: (a) Permitted uses. Within any Residence "D-1" District, as indicated on the zoning map , no building orpremises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or inpart for other than the following specified use: (1) Town houses designed wherein each building or structure in the development contains not more than six single-family units, and shall be con- structed with durable maintenance -free exterior materials. (b) Building site area required. Building site areas shall comply with all applicable regulations for multiple dwellings. Each interior single- family unit shall be on a parcel not less than twenty feet wide and each single - 216 Supp. #5, 12-74 § 28-13 Zoning § 28-13 family end unit on a parcel not less than thirty feet wide. The minimum lot area per individual living unit shall not be less than one thousand eight hundred square feet. (c) Front yard required. The requirements shall be the same as those for a Residence "A" District. (d) Side yard required. None required for interior units. Ten feet required on each end unit for every building. (e) Rear yard required. There shall be a rear yard having an area of not less than two hundred square feet bounded by side property lines , the rear property line and a line parallel to the rear property line passing through the rear most extremity of the main building, but in no case shall the building be closer than ten feet to the rear property line. (f) Building height. The requirements shall be the same as those for a Residence "A" District. (g) Minimum lot coverage. Each living unit with two bedrooms shall not be less than eight hundred fifty square feet of enclosed living area; for each unit with an additional room, add one hundred square feet per room . (h) Accessory buildings. Accessory buildings are not permitted. (i) Off-street parking. For each family dwelling unit of any building hereafter erected for dwelling purposes , there shall be provided on the same lot therewith not less than one off-street paved parking space . Such off-street paved parking space shall not occupy any part of a required front yard. (j) Garbage collection. Provision shall be provided by the developer for central containerized garbage collection in the manner and capacity to be approved by the city manager . Suitable screening and location of the container shall be indicated on the plot plan. (k) Density . The maximum ratio of living units per acre of land shall not exceed twenty units . (1) Consideration of plans submitted for a building containing three or more living units. Any plans submitted for a building containing three or more living units shall be considered under section 28-17.1 (Planned Unit Development) . (Ord. No. 90-71-43; Ord. No. 90-74-63, § 1.) Sec. 28-13 . Business "AA" (BAA) Districts . The following regulations shall apply within each Business "AA" District: Supp . #6, 12-76 § 28-14 Atlantic Beach City Code § 28-14 (a) Permitted uses. Within any Business "AA" District , no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following or similar specified pur- poses constructed in the form of a complex creating a shopping center: (1) Retail stores (2) Theaters. (3) Restaurants. (4) Offices. (5) Retail sale of gasoline only. (b) Prohibited uses. The following uses shall not be permitted within a Business "AA" District: (1) All industrial or manufacturing uses. (2) Any residential uses on the ground or first floor, except where such use is incidental to the permitted business use. (3) Gasoline service stations. (4) In nonconforming gasoline service stations, no vehicle repair work, except emergency work, shall be done out of doors and no parts, ve- hicle bodies or junk shall be stored out of doors. (c) Building limits. No building setback limits from property lines are required, but it is intended that a common paved parking area of adequate size shall be provided in front of the several businesses and that access shall be pro- vided to the rear of all units for service facilities. (Ord. No. 90-60-8, § 4; Ord. No. 90-62-14, § 2; Ord. No. 90-76-67, § 1.) Sec. 28-14 . Business "A" (BA) Districts. The following regulations shall apply within each Business "A" District: (a) Permitted uses. Within any Business "A" District, no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following specified purposes: (1) Retail stores. (2) Hotels and motels. (3) Theaters. 216.2 Supp. #6, 12-76 § 28-15 Zoning § 28-15 (4) Restaurants, offices, ice delivery stations, laundries, small animal out patient clinics, shops for making articles sold at retail on the prem- ises and for any other similar enterprises, not a nuisance, the chief character- istic of which is a service to the neighborhood. (5) Retail sale of gasoline only. (b) Prohibited uses. The following uses shall not be permitted within a Business "A" District: (1) Amusement park or circus. (2) Gasoline service station. (3) Vehicle repair garage. (4) Junk yard. (5) Animal hospital. (6) Open air fruit or vegetable stand. (7) Trailer park. (8) Outside storage of stocks, supplies or equipment, except for new and used motor vehicles, mobile homes, sales and repair service in business "A" property lying west of Mayport Road. No outside vehicle repair work, stored parts, bodies or junk allowed. (9) Any residential use on the ground or first floor, except where such use is incidental to the permitted business use. (10) In nonconforming gasoline service stations, vehicle garages, no vehicle repair work, except emergency work, shall be done out of doors, and no parts, vehicle bodies or junk shall be stored out of doors. (c) Front yard. None required. (d) Side yard. None required. (e) Rear yard. None required. (f) Off-street larking. Off-street parking shall be provided as set out in subsection (h) of section 28-5. (Ord. No. 90-59-3, § 9; Ord. No. 90-62- 14, § 3; Ord. No. 90-69-34, § 1; Ord. No. 90-73-60, § 1; Ord. No. 90-76-67, § 1; Ord. No. 90-77-71, § 1.) Sec. 28-15. Business "A-1" (BA -1) Districts. The following regulations shall apply within each Business "A-1" District: 217 Supp. #7, 5-78 § 28-16 Atlantic Beach City Code § 28-16 (a) Permitted uses. Within any Business "A-1" District, no building or premises shall be erected, used, arranged or designed to be used, in whole or in part, for other than one or more of the following specified purposes: (1) Any uses specified in sections 28-6, 28-8, 28-10 or 28-11. (2) Hotels and motels. (3) Restaurants (except drive-in restaurants) , cocktail lounges, barbershops, beauty parlors, retail stores and similar businesses operated in conjunction with and within a hotel or motel. (4) Retail sale of gasoline only. (b) Prohibited uses. The following uses shall be prohibited within any Business "A-1" District: (1) Filling stations. (2) Ice delivery stations. (3) Laundries. (4) Amusement park or circus. (5) Vehicle repair garages. (6) Junkyards. /IN Animal rc^pit^lc (8) Open air fruit or vegetable stands. (9) Trailer parks. (c) Off-street parking. Off-street parking shall be provided as set out in subsection (h) of section 28-5. .(d) Building restriction line. No structure shall be erected nearer than seven and one-half feet to the east 157.65 feet of the south line of the land described in section 1 of Ordinance No. 90-65-21, on file in the office of the city clerk . (Ord . No. 90-65-21, § 2; Ord. No. 90-76-67, § 1.) Sec. 28-16. Business "B" (BB) Districts. The following regulations shall apply in each Business "B" District: 218 Supp. #7, 5-78 § 28-16 Zoning § 28-16 (a) Permitted uses. Within any Business "B" District , no building or premises shall be erected, used, arranged or designed to be used in whole or in part for other than one or more of the following specified purposes: (1) All uses permitted in Residence "A," "B" and "C" Districts. (2) All uses permitted in Business "A" Districts. (3) Gasoline service station, vehicle repair, garage, amusement park, circus; wholesale or storage of food, fodder , fuel, building material, cotton, wool, paper, furniture, hardware, ice , metal, machinery , paint and similar uses; produce market , steam laundry , cold storage plant , creamery , printing shop , wholesale baker , contractor's yard and other enterprises of similar character not injurious to neighboring property . (b) Prohibited uses. The following uses shall not be permitted within a Business "B" District: (1) Junk yards. (2) Manufacturing uses. 218.1 Supp. #6, 12-76 § 28-17 Zoning § 28-17. 1 (c) Front yard. (1) Business., none required. (2) Residential, same requirements as Residence "A" Districts. (d) Side yard. (1) Business, none required. (2) Residential, same requirements as Residence "A" Districts. (e) Rear yard. (1) Business, none required. (2) Residential, same requirements as Residence "A" Districts. (f) Off-street parking. Off-street parking shall be provided as set out in sub- section (h) of section 28-5. (Ord. No. 90-59-3, § 10; Ord. No. 90-62-14, § 4; Ord. No. 90-70-36, § 1.) Sec. 28-17. Industrial (IA) Districts. The following regulations shall apply in each Industrial District: (a) Permitted uses. Within any Industrial District, no building or premises shall be erected, used, arrangedordesignedto be used in whole or in part for other than one or more of the following specified purposes, which must first be approved by the city commission. Industrial uses permitted within the Industrial District shall be concrete block plants, concrete plants, bottling works, cigar factories, canning factories, plastic plants, electronic plants and any other industrial or manufacturing enterprises of similar character and extent not injurious to neighboring property. (b) Prohibited uses. The following uses shall not be permitted within an Indus- trial District: (1) Junk yards. (2) All residential uses. (c) Off-street parking. Off-street parking shall be provided as may be required by the city commission. (Ord. No. 90-59-3, _ § 11; Ord. No. 90-61-11, § 2. ) Sec. 28-17. 1. Planned unit development. (a) Intent and purpose. It is the intent and purpose of this section to encourage planning of land use, improvement and development as a single complex, rather than as an aggregation of individual buildings or units located on separate unrelated land 219 Supp. #4, 9-72 § 28-17.1 Atlantic Beach City Code § 28-17.1 plots, consisting of physical grouping of residences in clusters, townhouses or apart- ments, combination of individually owned units, condominiums and cooperatives, with related open spaces and community facilities and services, such as recreational, neighborhood retail and professional facilities essential to or supporting such land planning and development, to be known as "Planned Unit Development" or "PUD," which shall apply to all areas of the city whether zoned or unzoned, to subdivision or resubdivision of land and acreage replatting of existing platted land and wherever circumstances require deviation from standard zoning and subdivision regulations of the city specifying uses, lot area, and dimensions, yard, front and open space requirements, and shall also include land areas where appropriate for shopping centers, business and industrial uses. The provisions of this section are also in- tended to encourage the exercise of imaginative planning and design in the highest and best use of land areas for modern housing offering a variety of dwelling or other unit types. Architectural harmony and compatibility with the neighborhood can be stimulated by avoiding duplication of design, floor plan and roof design. When these concepts are not taken into consideration, there is a constant threat of the degradation of the community. Therefore, submittal of any plans that are of duplicate or similar de- sign or duplicate any existing•design for construction in this city shall be referred to the city commission for approval. (b) Permissive application; principles of criteria. In order to provide greater flexibility in design, setbacks, dimensions and heights, and other limitations that would otherwise not be possible through the strict application of the standard zoning and subdivision regulations of the city, all applications for "PUD" zones under this section shall be permissive only, and shall grant no property right to any person, firm or corporation making application hereunder, and shall be subject to final ac- tion by the city commission, after public hearings hereinafter provided for, that a "PUD" is necessary and appropriate in order to provide and promote the public safety, health and general welfare, and that such a development if not generally in- consistent with the city's master zoning plan, and meets the following criteria: (1) Be large enough to form anintegral planning unit, and to provide for adequate open space, circulation, off-street parking and pertinent development amenities, and to be conveniently served by appropriately oriented facilities and services. (2) Be designed so that the diverse functional elements are integrated, are properly orientated and are well related to topography and natural landscape features. (3) Be well related to existing and proposed land use and circulation patterns of adjoining properties, and should not constitute a disrupting element with regard to the character of adjacent neighborhoods and communities. (4) Be planned to economize on street and utility improvements, but should provide adequate access for service and emergency vehicles as well as for residents and the general public. 220 Supp. #4, 9-72 § 28-17.1 Zoning § 2817.1 (5) Have an internal system of streets designed to move vehicles safely and efficiently without dominating the overall design or disrupting the functions of other planned facilities or open spaces. (6) Appropriate and useable open space in the form of private parks, play areas, landscaped areas, water elements and walkways should be included immedi- ately adjacent to or accessible to all units contained in such development. (7) Community facilities should be grouped in locations which relate to the open space system in order to provide focal points for the overall design, and to maximize pedestrian and vehicle access. (8) Be based on and related to established planning standards, or where such standards are lacking, be adequate to meet the needs of such development, as deter- mined by competent planning and engineering consultants. (9) In case of cluster housing, townhouses or apartments, condominiums or cooperatives and commercial or professional complexes, a private property owners association or corporation shall be formed to provide and assure the continuous main- tenance of open areas and community services and common facilities. (c) Application by sponsor. For areas where a sponsor considers "PUD" zone to be appropriate, such sponsor may file an application therefor with the city com- mission to designate the area a "PUD" zone. Such application shall be accepted for consideration by the city commission under the following conditions: (1) The sponsor shall be the owner of the area, or if not owned by the sponsor, the sponsor shall show privity in writing with the owner or owners authorizing the sponsor to file the application. (2) The area shall be sufficiently large to permit development of a community or neighborhood, having a range of houses or dwellings, necessary facilities and off- street parking, compounds, parks, playgrounds or reservations of areas therefor, appropriately located and in harmony with the proposed "PUD." (3) The area shall be adaptable to a planned unit development and bounded by major thoroughfares, streets, waterways or other external boundaries, and as far as possible shall have within or through it no major thoroughfares or other physical features which would tend to destroy the neighborhood or community cohesiveness. (d) Data to accompany application. Together with the application for a "PUD" zone, there shall be submitted a tentative overall development plan, which shall show: (1) Topographic and surface drainage plans. (2) Proposed plot plan. (3) Proposed street or vehicular traffic system. 220.1 Supp #4, 9-72 § 28-17.1 Atlantic Beach City Code § 28-17. 1 (4) Proposed reservations for parks, parkways, playgrounds, school sites and other open spaces. (5) Proposed locations of any neighborhood business areas and off-street parking space therefor. (6) Proposed type of dwelling or other units, and portions of area proposed therefor. (7) Proposed location or plot plan of buildings, garages and/or other struc- tures and parking spaces. (8) Tabulation of the total number of acres in the proposed planned unit de- velopment, and the percentage thereof designated for each of the proposed land uses, dwelling types, neighborhood retail businesses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations. (9) A tabulation of the overall dwelling or other type unit density per gross acre. (10) Preliminary plans and elevations of the several types of structures and/ or improvements proposed. (e) Consideration by advisory planning board. Upon receipt of application for a "PUD" zone, fulfilling the applicable requirements of subsections (b), (c) and (d) of this section, the same shall be taken under consideration by the board, as follows (1) The board shall consider the application and proposed plan for the com- munity, the location, arrangement and size of lots, parks, school sites and other reservations of open spaces; the location, width anal grade of ;streets; the location and arrangement of parking spaces; the location, arrangement and height of build- ings; the location, arrangement and design of neighborhood building areas and ac- cessory parking spaces; the gross densities proposed for the entire area, and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character of the neighborhood and its particular suit- ability for any one or more of the proposed uses. The board after due consideration shall make its recommendation to the city commission. (2) The city commission may approve the application as a tentative plan as submitted, or before approval, may require the sponsor to modify, alter, adjust or amend the application or any part thereof. (3) Upon approval of a tentative plan the city commission shall set the pro- posed "PUD" zone for a public hearing in the same manner as for public hearings re- quired prior to final adoption of city ordinances. (4) Following the public hearing on such proposed "PUD" zone, the city com- mission shall take the following action: Approve the application; or before approval require that the sponsor to further modify, alter, adjust or amend the application or any part thereof; or disapprove the application. 220.2 Supp. #4, 9-72 / § 28-18 Zoning § 28-20 (5) If the application is approved by the city commission, the land area shall be placed in a "PUD" zone, and the sponsor, including the owner or owners, before beginning construction on the proposed development, shall submit to the city com- mission a final plan consistent with the application for the "PUD" zone. (6) The final plan, after adoption by the city commission, shall be deemed the official plan, and shall be signed by the mayor -commissioner and the city clerk, and by the sponsor and property owner or owners, who by such signing shall indicate agreement. of their willingness to abide by the conditions and terms of such official plan. Thereafter, the building official of the city shall be authorized to issue build- ing permits authorizing construction in strict accordance with the conditions and terms of the official plan. (7) An official plan for a "PUD" zone may be amended, ,the procedure there- for to be the same as in the case of an original application being made under subsec- tion (c) of this section. (f) Uses permitted. No building, structure or land shall be used, and no build- ing or structure shall be hereafter erected, structurally altered, enlarged or main- tained in a "PUD" zone unless the same meets the conditions and terms of the official plan, nor shall the same be occupied until the building official has issued a certificate of occupancy certifying that the improvement on that portion for which the permit was issued is complete and fulfills all of the terms and conditions of the official plan. (Ord. No. 5272-1, §§ A to F. ) Sec. 28-18. Board of adjustment. The city commission shall appoint, by resolution, the board of adjustment as authorized by section 133 of the Charter of the city, and by resolution fill vacancies in the membership of the board as the same may arise. The board of adjustment shall have such powers and duties and shall exercise the same as provided and in the manner set forth in article XIV of the Charter of the city. (Ord., No. 90-59-3, § 12.) Sec. 28-19. Chaster deemed minimum standards. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety and general welfare. (Ord. No. 90-59-3, § 15.) Sec. 28-20. Conflicts with other laws, covenants etc. Where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards or courts than are imposed or required by any existing provisions of law or ordinance or by any ease- ments, covenants or agreements, the provisions of this chapter shall control. Nothing in this chapter shall be construed as affecting anv of the provisions of any Building Code or any other provision of this Code or other ordinance of the city 220. 3 Supp. #4, 9-72 § 28-21 Atlantic Beach City Code § 28-22 concerning the erection, repair, height, construction or alteration of a building. (Ord. No. 90-59-3, § 15.) Sec. 28-21. Business and industrial structures to be approved by city commission. All plans and specifications for structures in all business and industrial districts shall be submitted to the city commission by the building official for approval as to structure, use and structure location on the plot. All plans and specifications for structures in Business "AA" and Business "A" Districts proposed to be constructed as a shopping center complex, consisting of several stores, etc. , together with a common parking area, shall be submitted with complete over-all plans showing the layout of all buildings, parking and service facil- ities, front elevation of the proposed project, drainage, paving, curb and guttering and utilities plans. No building permit shall be issued in any business or industrial district until such approval is obtained. (Ord. No. 90-60-8, § 5; Ord. No. 90-61-11, § 3; Ord. No. 90-62-14, § 5.) Sec. 28-22. Liability for violations. The owner or occupant of any building or premises or part thereof where any- thing in violation of this chapter shall be placed or may be caused to exist, and any architect, builder, contractor, agent or person employed in connection therewith, and who may have assisted in the commission of any violation, shall each be guilty of a separate offense. (Ord. No. 90-59-3, § 14.) 220.4 Supp. #4, 9-72 INDEX A ADOPTION BY REFERENCE. Building Code, § 6-8. Fire Prevention Code, § 9-3. Florida Model Traffic Ordinance, § 11-1. Personnel program, § 16-1. Plumbing regulations, § 17-1. ADVERTISING. Licenses, Fees, § 10-5. Noise, § 12-8. Signs and advertising structures , §§ 20-1 to 20-24. See Signs and Advertising Struc- tures. ADVISORY PLANNING BOARD, §§ 2- 6 to 2-11. See Planning. AGENCIES . Creation, etc. , char . , § 13. Licenses. Fees, § 10-5. Property. Transfer of records and property, char., § 173. Records. Publicity of records , char . , § 165. Removal of members , char . , § 162. AIRCRAFTS Altitude. Minimum over city, § 14-2. Beaches. Use of beach for landing and taking off, § 14-1. AIR GUNS . Discharging, § 14-17. AIR RIFLES . Discharging, § 14-17. ALARMS. False fire alarms, § 9-1. ALCOHOLIC BEVERAGES Consumption. Hours when consumption prohi- bited, §§ 3-1, 3-2. Public property. Consumption, etc. , upon public property, § 3-8. Vendor's premises, § 3-7. Licenses. Fees, § 10-5. Persons holding licenses to sell alcoholic beverages. Hours when sales, etc. , prohi- bited, § 3-1. Persons not holding licenses to sell alcoholic beverages. Hours when sales, etc. , pro- hibited, § 3-2. Lights. Premises selling alcoholic bever- ages, § 3-5. Musical equipment. Playing outside of buildings, § 3-6. Noise -producing equipment. Playing outside of buildings, § 3-6. Public property. Consumption, etc. , upon public property , § 3-8. Sale. Hours when sales prohibited, §§ 3-1, 3-2. Lighting requirements on prem- ises, § 3-5. Locations where on -premises sales prohibited, § 3-4. Locations where permitted, § 3-3. On -premises sales. Locations where prohibited, § 3-4. Permitted. Locations where sales permitted, § 3-3. Registration, fingerprinting and photographing persons em- ployed, § 14-15. 221 Supp. #8, 10-79 Atlantic Beach City Code AMUSEMENTS. Persons employed in places of amusement, Registration, fingerprinting, etc., § 14-15. ANIMALS AND FOWL, Beaches. Safety zone, § 5-6. Birds. Molesting, etc, , § 4-1. Noise, § 12-9. Sanctuary. City designated bird sanctuary, g 4-1. Shooting, molesting, etc., § 4-1. Cats. See within this title, "Dogs and cats," Cruelty to animals, § 4-7. Dead animals, Disposal, § 4-7. Dogs and cats. Animal control officer, § 4-6 Cruelty, to animals, § 4-7. Definitions, § 4-2. Destroying. Commission providing for by ordinance, char., § 125. Disposition of animals not re- deemed, § 4-4. iinpounidment, § 4-4. Rabid animals, g 4-5. Redemption of impounded ani- mals, § 4-4. Registration and tagging. Provision for by ordinance, char., § 125. Required, § 4-3, Hogs. Prohibited, § 4-7, Impoundment. Dogs and cats, See within this title, "Dogs and cats." Licenses. Dogs and cats. See within this title, "Dogs and cats." Mistreating animals, § 4-7. Noise, § 12-9. ANIMALS AND FOWL (Cont'd) Noisy animals. Prohibited, § 4-7. Penalties for violations, § 4-80 Poisoning animals, § 4-7. Roosters. Keeping, § 4-7. Stables Prohibited, § 4-7. Violations Penalties, § 4-80 ANNUITIES, §§ 16-12 to 16-16. See Officers and Employees. ANTIQUE SHOPS. Licenses. Fees, § 10-5. APPROPRIATIONS See Finance. ARSONISTS, Reward for information leading to conviction, § 9-2, ARTIFICIAL STONE. Manufacturers Licenses. Fees, § 10-5. ASSESSOR, City tax assessor, See Taxation, ATTORNEY. Appointment, char,, § 158, Duties, char, , § 158. Qualifications, char., § 158 Salaries, char . , § 159. ATTORNEY AT LAW. Licenses, Fees, § 10-5, AUCTIONS. Houses, Licenses, Fees, § 10-5., 222 Supp. #8, 10-79 AUCTIONS (Cont'd) Noise, § 12-3. AUDITS . Independent annual audit of ac- count, char., § 24. AUTHORITY. Joint authority. Defined, § 1-2. B BAIL BONDSMAN. Licenses. Fees, § 10-5. BAKERIES . Licenses. Fees, § 10-5. Index 222.1 Supp. #8, 10-79 Index BARBERSHOPS, Licenses. Fees, § 10-5. BEACHES„ Aircrafts Use of beach for landing and taking off, § 14-1. Animals. Riding in restricted area, § 5-6. Barricades, § 5-7. Closing. Authority of director of public safety in emergencies, § 5-1. Clothes. Changing on beach, § 5-2. Undressing or changing clothes on beach, § 5-2. Director of public safety. Closing beaches in emergencies, § 5-1. Refuse and garbage, § 5-4. Safety zone. Established, § 5-5. Hours when regulations effec- tive, § 5-5 Period when regulations effec- tive, § 5-5. Regulations. Hours and period when effec- tive, § 5-5. Vehicles. Use in restricted area, § 5-6. BEAUTY SHOPS. Licenses. Fees, § 10-5. BEER, See Alcoholic Beverages, BELLS Noise, H 12-1 to 12-10. See Noise BEVERAGES, Alcoholic beverages, §§ 3-1 to 3-6. See Alcoholic Beverages. 223 BICYCLES . Renting, shops, etc. Licenses. Fees, § 10-5. BILLBOARDS. Licenses. Fees, § 10-5. BILLIARD HALLS. Licenses. Fees, § 10-5. BIRDS. Molesting, etc., § 4-1. Noise, § 12-9. Sanctuary. City designated bird sanctuary, § 4-1. Shooting, molesting, etc., § 4-1. BLACKSMITHS. Licenses. Fees, § 10-5. BLASTING AGENTS. Establishment of districts in which storage restricted, § 9-5. BOARDS. Advisory planning board, §§ 2-6 to 2-11. See Planning. Board of adjustment. See Zoning. Continuity of offices, boards, com- missions or agencies, char . , § 175. Investigations by advisory boards, char., § 164. Plumbers. Board of examiners. See Plumbing. Property. Transfer of records and prop- erty, char., § 173. Records. Transfer of records and prop- erty, char., § 173. Supp. #7, 5-78 Atlantic Beach City Code BOARDS (Cont'd) Removal of members, char. , § 162. Utility tax. Exemption, § 8-17. BOND ISSUES . Combination general obligation and revenue bonds. Authority of city to issue and sell, char., § 150. General obligation bonds. Authority of city as to issuance and sale, char. , § 148. Combination general obligation and revenue bonds. Authority of city to issue and sell, char. , § 150. Preparation of bonds by city at- torney, char., § 158. Revenue certificates. Authority of city to issue and sell, char. , § 149. Combination general obligation and revenue certificates. Authority of city to issue and sell, char. , § 150. Temporary borrowing', char. , § 76. BONDS . Master plumbers, § 17-8. Officers and employccs, char. § 167. Plumbers. Master plumbers, § 17-8. Signs and advertising structures, § 20-6. BOOKS. Agents. Licenses. Fees, § 10-5. Materials harmful to children. Sale, § 14-10. BORROWING MONEY. Bond issues. See Bond Issues. 224 BOTTLES. Depositing glass bottles on streets, § 22-3. BOUNDARIES OF CITY, char. , § 2. BOWLING ALLEYS. Licenses. Fees, § 10-5. BROKERS. Licenses. Fees, § 10-5. BUDGET. Accounting system. Adoption of uniform accounting system, § 2-1.4. Adoption. Certification of budget, char. , § 50. Date of final adoption, char. , § 49. Effective date, char. , § 50. Failure to adopt, char. , § 49. Vote required, char. , § 48. Anticipated revenues. Classification, char. , § 58. Comparing with other years, char., § 59, Detailed estimates of anticipated revenue, char., § 57. Appropriations. Establishments, char. , § 51. Balancing budget, char. , § 47. Certification, char. , § 50. Copies. Availability, char. , § 50. Decreasing items of budget, char., § 46. Balance of budget, char. , § 47. Effective date, char. , § 50. Estimates of revenue and expendi- tures. Obtaining from departments, etc. , char., § 42. Supp. #7, 5-78 Index BUDGET (Cont' d) Expenditures. Comparing with other years, char., § 6L Information to be shown on budget, char § 61. Proposed expenditures Information to be shown on budget, char., § 61. Filing copies, char . , § 50. Financial plan for budget year. Budget to provide, char . , § 57. Fiscal year, char . , § 41. Hearings. Conduct of hearings, Further consideration char., § 46. Holding by manager, Notice. Publication of notice of public hearing, char., § 44. Increasing or decreasing items of budget, char . , § 46. Balance of budget, char . , § 47. Inspection by citizens, char., § 43. Message Capital improvements, char., § 54, Capital program, char . , § 55. Changes in financial policy, char., § 53. Current operations, char . , § 53. Explanatory budget message, char., §§ 42, 53. Proposed financial policy, char., § 53. Salient changes from previous year, char, , § 53. Supporting schedule, char . , § 56. New items. Considering, char., § 46. Preparation, char . , § 42. Printing, etc., copies, char., § 50• Proposed expenditures to be shown in tabular form, char,, § 57. Public record, char., § 43. Record. Public record, char., § 43. char., § 45. of budget, char .§ 42. 225 BUDGET (Cont' d) Submission by manager, char., § 42. Summary, char., § 62. Surplus, char., § 60. Tabulation. Information to be shown in tabular form, char., § 57. Taxation. Certification of taxing authority, char., § 52. Establishing amount to be raised by property tax, char . , § 52. Uniform accounting system. Adoption, § 2-1.4. Year. Fiscal year, char., § 41. BUILDING AND LOAN ASSOCIA- TIONS. Licenses. Fees, § 10-5. BUILDINGS. Building official. Absence. Acting building official, § 6-4. Acting building official, § 6-4. Appointment, § 6-3. Assistants. Appointment, § 6-5. Creation of office, § 6-2. Duties, § 6-6. Inspector. Appointment, § 6-5. Numbering of buildings. See with in this title, "Numbering buildings." Office created, § 6-2. Right of entry, § 6-7. Term of office, § 6-3. Code. Adoption, § 6-8. Amendments, § 6-10. Definitions, § 6-9. Prior rights, liabilities, etc. Effect of article and Code on, § 6-11. Electricity, §§ 7-1 to 7-12. See Electricity. Supp. #7, 5-78 Atlantic Beach City Code BUILDINGS (Cont'd) Fallout shelters, § 6-1. Taxation, § 8-3. Flood hazard districts. See Flood Hazard Districts. Loitering in or about public build- ings, § 14-7. Moving buildings. Licenses. Fees, § 10-5. Noise. Operations at night, § 12-6. Nuisances, § 13-1. Numbering buildings. Assignment of numbers, § 6-m14. Attaching numbers to buildings, § 6-13. Duties of building official, § 6-14. Building official. Duties as to numbering of buildings § 6-14. Defacing numbers, § 6-17. Districts. Street numbering districts. Designated, § 6-15. Removing numbers, § 6-17. Required, § 6-12. Street numbering districts. Designated, § 6-15. System , § 6-16 Numbering in accordance with system, § 6-12. Obstructing access to public build- ings, § 14-7. Occupant, Defined, § 1-2. Officials . See within this title, "Building official . " Owner. Defined, § 1-2. Plumbing, §§ 17-1 to 17-14. See Plumbing. Public or religious buildings. Malicious injury to, § 14-8. Sewers and sewage disposal, §§ 19- 1 to 19-16. See Sewers and Sewage Disposal. Shelters, Fallout shelters, § 6-1. Taxation, § 8-3. BUILDINGS (Cont'd) Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Struc- tures. Subdivisions, §§ 23-1 to 23-11. See Subdivisions. Supplies. Licenses. Fees, § 10-5. Swimming pools, §§ 24-1 to 24-7. See Swimming Pools. Tenant, § 1-2. Water supply, §§ 27-1 to 27-22. See Water Supply. Zoning, §§ 28-1 to 28-22; char., §§ 127 to 147. See Zoning. , BUSES. Licenses. Fees, § 10-5. BUSINESSES OCCUPATIONS AND TRADES. Licenses, §§ 10-1 to 10-5. See Licenses. Solicitors, §§ 21-1 to 21-7. See Solicitors C CABINET SHOP. Licenses. Fees, § 10-5. CAFES, Licenses, Fees, § 10-5. CANDY MANUFACTURERS. Licenses. Fees, § 10-5. CARPENTER SHOPS. Licenses. Fees, § 10-5. 226 Supp. #7, 5-78 Index CATS, § 4-2. CHARTER (Cont'd) See Animals and Fowl. City tax assessor. See Taxation. CEMENT. City treasurer. Manufacturers. See Treasurer Licenses. Clerk. Fees, § 10-5. City clerk. CERTIFIED PUBLIC ACCOUNTANT. See Clerk. Independent annual audit of ac- Commission. counts, char., § 24. See City Commission. Comptroller. CHARGES. See Comptroller. Sewers and sewage disposal. Conflicting laws, See Sewers and Sewage Disposal. Repeal of, char., § 183. CHARTER. Continuance of contracts and public Actions. improvements, char., § 176. Pending actions and proceedings. Continuance of present officers, Not abated by adoption of Charter, char. , § 172. char . , § 177. Continuity of offices, boards, com- Appropriations . missions or agencies, char., See Finance, § 175, Assessments. Contracts. Taxation, char . , §§ 110 to 126 See Contracts. See Taxation. Damages. Assessor, Suits against city. City tax assessor. Procedure, char., § 160, See Taxation. Departments. Attorney. Generally. See Attorney. See Departments. Bond issues, char, , §§ 148 to 150. Effective date, char., § 182. See Bond Issues. Effect on existing law , char. , Bonds. § 169. Official bonds of officers, etc., Elections. char, , § 167. Generally. Boundaries of city, char., § 2. See Elections. City attorney. Submitting Charter to qualified See Attorney. voters, char., § 181. City clerk. Existing law. See Clerk. Effect on, char. , § 169. City commission. Existing ordinances. See City Commission. Continuance in effect, char., § 178. City comptroller. Expenditures. See Comptroller. See Finance. City manager. Finance. See Manager. Department, char., §§ 63 to 76. City of Atlantic Beach. See Finance. Incorporation, char. , § 2. Generally. City prosecutor. See Finance See Prosecutor. Fire department. See Fire Department. 227 Supp. #1, 5-78 Atlantic Beach City Code CHARTER (Cont'd) Fiscal year, char . , § 41. Form of government, char . , § 3. Franchises. See Franchises. Improvements. See Local Improvements. Incorporation of city, char., § 2. Initiative and referendum, char . , §§ 88 to 99. See Initiative and Referendum. Issuance of bonds, char . , §§ 148 to 150. See Bond Issues. Licenses, char., §§ 125, 126. See Licenses. Manager. See Manager. Mayor. See Mayor. Municipal court See Courts. Ordinances. See Ordinances. Pending actions and proceedings. Not abated by adoption of Charter, char., § 177. Personnel. See Officers and Employees. Pali; - See Police Department. Powers of city, Enumerated, char., §§ 4, 9. Vested in city commission, char., § 9. Present officers. Continuance, char., § 172. Preservation of rights of officers and employee, °char., § 171. Property. Taxation, char., §§ 110 to 126. See Taxation. Title to property reserved to new municipality, char., § 174. Transfer of records and property of boards, departments, etc., char., § 173. CHARTER (Cont'd) Prosecutor. See Prosecutor. Publication. Definition of "publishing," § 170. Purchases. See Purchases. Recall, char . , §§ 100 to 108. See Recall. Records. Publicity of records, char., § 165. Transfer of records and property of departments, boards, etc., char., § 173, Referendum. Initiativeand referendum, char., §§ 88 to 99. See Initiative and Referendum. Repeal of conflicting laws, char., § 183. Rights of officers and employees preserved, char., § 171. Separability clause, char., § 180. Short title, char . , § 179. Submission to qualified voters, char., § 181. char., Suits. Against city. Procedure, char. , s 160. Taxation, char. , §§ 110 to 126. See Taxation. Territorial boundaries of city, char., § 2. Town of Atlantic Beach Abolished, char., § 1. Treasurer. See Treasurer. Year. Fiscal year, char., § 41. Zoning, char., §§"127 to 147. See Zoning. CHECKS. Service fee for dishonored checks, § 14-2.1. CHILDREN. See Minors. 228 Supp. #7, 5-78 CHIROPODISTS. Licenses. Fees, § 10-5. CHIROPRACTORS. Licenses. Fees, § 10-5. CHURCHES. Malicious injury to, § 14-8. Noise. Interfering with churches, § 12-10. Utility tax. Exemptions, § 8-17. CIGARETTES. Tax, §§ 8-11 to 8-13. See Taxation. CIRCUSES. Water supply. Temporary service, § 27-4. CITY. Defined, § 1-2. CITY ATTORNEY. See Attorney. CITY CLERK. See Clerk. CITY COMMISSION. Acts of city commission. By ordinance, char. , § 17. Agencies. Creation, etc. , char. , § 13. Assuming duties by commissioners after election, char. , § 14. Audit of accounts. Independent annual audit, char. , § 24. Budget, char. , §§ 41 to 62. See Budget. Composition, char. , § 5. Conflicts of interest of members, char. § 166. Index 229 CITY COMMISSION (Cont'd) Defined, § 1-2. Departments. Creating, etc. , departments, char.,§ 13. Disqualifications of commissioner, char., § 6. Duties. Assuming duties by commissioners after election, char. , § 14. Elections. Election of commissioners at large, char. , § 5. Filling vacancies, ,char. , § 12. Form of government, char. , § 3. Judge of qualifications of members, char. , § 15. Mayor -commissioner. Generally. See Mayor. Meetings. Absence from consecutive meetings Vacation of seat, char. , § 6. Excusing absence from meetings, char., § 6. Notice. Duties of clerk, char. , § 31. Presiding officer, char. , § 8. Head of city government, char. , § 8. Quorum, § 2-4. Regular meetings. Place of, § 2-2; char. , § 14. Public, char. , § 14. Time and place, § 2-2; char. , § 14. Rules of conduct and procedure, § 2-5. Special meetings. Calling, § 2-3, Minutes. Keeping, char., § 16. Public inspection, char. , § 16. Nuisances, §§ 13-1 to 13-5. See Nuisances. Offices. Abolishing, char. , § 13. Ordinances. See Ordinances. Atlantic Beach City Code CITY COMMISSION (Cont'd) Powers of city. Enumerated, char. , §§ 4, 9. Vesting powers of city in commission, char., § 9. Qualifications of commissioner, char. , §§ 5, 6. Commission to be judge of qualifica- tions, char. , § 15. Quorum., § 2-4. Recall, char. , §§ 100 to 108. See Recall. Removal of members of boards, com- missions or agencies, char., § 162. Rules of procedure, char. , § 16. Salaries. Amount of salary for commissioner, char., § 7. Seats. Designated, char., § 5. Vacation of seat. Absence from consecutive meetings, char. , § 6. Terms of commissioner, chs r. , § 5. Vacancies. Filling vacancies, char. , § 12. CITY COMPTROLLER. See Comptroller. CITY MANAGER. See Manager. CITY OF ATLANTIC BEACH. Incorporation, char. , § 2. Property. Title to property reserved to new municipality, char. , § 174. Utility tax. Exemption, § 8-17. CITY PROSECUTOR. See Prosecutor. CITY SEAL. Custodian, char. , § 31. CITY TAX ASSESSOR. See Taxation. CITY TREASURER. See Treasurer. CIVIL SERVICE. See Officers and Employees. CLERK. Appointment, char. , § 31. Combining office with other offices, char. , § 31. Control of city commission, char. , § 31. Direction of city commission, char. , § 31. Duties. Generally, char. , § 31. Oaths. Administering oaths, char. , § 31. Reference to city clerk. Construed to refer to officers of city, § 1-2. Salaries, char. , § 31. Term of office, char. , § 31. CLOTHING. Licenses. Fees, § 10-5. CLUBS. Licenses. Fees, § 10-5. COAL AND WOOD. Licenses. Fees, § 10-5. CODE. Building Code, §§ 6-8 to 6-11. See Buildings. Catchlines of sections, § 1-3. Cited. How Code cited, § 1-1. Definitions generally, § 1-2. Designated. How Code designated, § 1-1. 230 Index CODE (Cont'd) Fire Prevention Code, §§ 9-3 to 9-8. See Fire Prevention Code. Plumbing Code, Adoption, § 17-1. Rules of construction, § 1-2. Sections. Catchlines of sections, § 1-3. Severability of parts, § 1-5. Violations. Continuing violations, § 1-6. General penalty, § 1-6. COIN OPERATED MACHINES. Licenses. Fees, § 10-5. COMMISSIONS. City commission. See City Commission. Continuity of offices, boards, com- missions or agencies, char., § 175. Investigations, char., § 164. Property. Transfer of records and property, char., § 173. Records. Transfer of records and property, char., § 173. Removal of members, char., § 162. Utility tax. Exemption, § 8-17. Zoning commission. See Zoning. COMPENSATION. See Salaries, COMPTROLLER. Appointment, char., § 32. Combining office with other offices, char., § 32. Control of city commission, char. , § 32 Direction of city commission, char. , § 32. Duties, char., § 32. Powers, char., § 32. Qualifications, char., § 32. Salaries, char., § 32. COMPTROLLER (Cont'd) Term of office, char., § 32. COMPUTATION OF TIME, § 1-2. CONDUCT. Disorderly conduct, § 14-3. CONFISCATED OF LOST PROPERTY. Disposition, § 2-1.2. CONTRACTORS. Licenses. Fees, § 10-5. CONTRACTS. Accounting control, char. , § 73. Alterations, § 8-8. Appropriations. Expenditures in excess of, char. § 67. Unencumbered appropriations, char., § 73. Awarding lowest responsible bidder, § 8-6. 231 Bids. Rejection of bids and readvertise- ment, § 8-7. Charter. Continuance of contracts and public improvements, char. , § 176. City improvements of over one thou- sand dollars to be executed by contract, § 8-5. Conflicts of interest of members of commission, etc. , char. , § 166. Execution. Not executed until bond ordinance effective, char. , § 74. Improvements. Local improvements, char., § 72. Ordinances, No contract executed until bond ordinance effective, char., § 74. Preparation by attorney, char., § 158. Unencumbered appropriations, char., § 73. COUNTY. Defined, § 1-2. Supp. #6, 12-76 Atlantic Beach City Code COURTS . Judge of municipal court. See within this title, "Municipal court . " Municipal court. Chief of police. Attending court during sitting, char., § 37. City attorney. See Attorney. City prosecutor, char., § 156. Confiscated or lost property, § 2-1.2. Designated as "Municipal Court of the City of Atlantic Beach, Florida," char., § 1.51, Established, char. , § 151. Executive officer, char. , § 157. Fees. Disposition of , char. , § 154. Fines. Disposition of moneys collected as fines, char., § 154. Remission, char. , § 155. Judge. Absence. Procedure in event of, char . § 152, Appointment , char . , § 151. Disqualification. Procedure in event of, char., § 152. Powers, char., § 153. Presiding over by municipal judge, char., § 151. Salary, char., § 159. Sickness. Procedure in event of, char. § 152. Term of office, char . , § 151. Lost or confiscated property , § 2-1.2. Penalties. Disposition of, char . , § 154 Remission, char., § 155. Process. Execution and service, char , § 157. Writs. Execution and service, char § 157. COURTS (Cont'd) Noise. Interfering with courts, § 12-10. CURIOS AND NOVELTIES . Licenses. Fees, § 10-5. D DAMAGES. Suits against city. Procedure, char., § 160. DANCE HALLS . Licenses. Fees, § 10-5. DEALERS . Cars, secondhand merchandise , etc . Licenses. Fees, § 10-5. DECORATING. Interior decorating. Licenses. Fees, § 10-5. DEFINITIONS. Code, § 1-2. Dogs and cats, § 4-2. Flood hazard districts , § 9.1-3. Minors, § 14-9. Ordinances, § 1-2. Refuse, garbage and weeds, § 18-1. Subdivisions, § 23-1. Trailers and trailer parks, § 26-1. Zoning, § 28-1. DELICATESSEN. Licenses. Fees, § 10-5. DELINQUENT CHILDREN, § 14-12. DENTISTS . Licenses. Fees, § 10-5. 232 Supp. #6, 12-76 Index • DEPARTMENTS. Administrative departments, char. , § 28. Allotments of appropriations, char. , §§ 64, 65. Appropriations. Generally. See Finance. Continuity of offices, boards, com- missions or agencies, char. , § 175. Contracts. Restrictions on entering into certain contracts, char. , § 67. Creation, char. , § 13. Directors. Head of each department, char. , § 29. Divisions. Chief. Heads of department serving as, char., § 29. Establishment, . char. , § 30. Work distributed among divisions, char. , § 30. Established, char. , § 28. Expenditure s - Restrictions, char. , § 67. Finance, char. , §§ 63 to 76. See Finance. Fire department, §§ 9-9 to 9-30. See Fire Department. Heads of departments. Serving as chiefs of division, char., § 29. Investigations by commission, etc. , char., § 164. Personnel. See Officers and Employees. Police. See Police Department. Property. Transfer of records and property, char., § 173. Public safety, char. , §§ 35 to 40.1. See Public Safety. Records. Publicity of records, char. , § 165. DEPARTMENTS (Cont'd) Records (Cont'd) Transfer of records and property, char., § 173. Two or more headed by same person, char. , § 29. Work programs. Submitting to city manager, char. , § 64. DEPARTMENT STORES. Licenses. Fees, § 10-5. DEPOSITORIES. Funds of city. Depositing in depository by treasurer, char. , § 34. Withdrawing and dispersing funds, char., § 34. 233 DINING ROOMS. Licenses. Fees, § 10-5. DIREC TORS. Finance. See Finance. Public safety. See Public Safety. DISORDERLY CONDUCT, § DISTRICTS. Zoning, §§ 28-1 to 28-22. See Zoning. DOGS, § 4-2. See Animals and Fowl. DRUGSTORES. Licenses. Fees, § 10-5. DRY CLEANING PLANTS. Licenses. Fees, § 10-5. 14-3. Supp. #8, 10-79 DWELLINGS. Buildings generally, §§ 6-17. See Buildings. E EATING PLACES. Licenses. Fees, § 10-5. Atlantic Beach City Code ELECTIONS (Cont'd) 6-1 to Initiative and referendum, char., §§ 88 to 99. See Initiative and Referendum. Inspectors, Appointment, char. , § 78. Nominations, char. , § 81. Ordinances. Governing elections by ordinance, char., § 86. ELECTIONS. Absentee voting, char. , § 85. Ballots. Candidates. Writing in of candidates, char. , § 84. Writing in of candidates, char. , § 84. Candidates. Writing in of candidates, char. , § 84. Canvass of returns, char. , § 87. Charter. Submitting Charter to qualified voters, char., § 181. City commission. Election of commissioners at large, char., § 5. Clerk. Appointment, char., § 78. Voter registration rolls, § 2-1,1. Electors. Qualifications, char., § 79. Fraud. Regulations for prevention of fraud, char. § 78. General elections. Candidates. Certified candidates or nominees of general elections, char. , § 82. Declared elected, char. , § 83. Not required to enter , char. , § 82. Tie vote, char., § 83. Time of holding, char., § 83. When primary election considered general election, char, , § 83. 234 Polls. Hours to be open, char, , § 87. Primary elections. Candidates. Certified candidates , char . , § 82. Declaring candidate regularly elected and not required to enter general election, char., § 82. Purpose of holding, char., § 82. Time of holding, char., § 82. Recall, char., §§ 100 to 108. See Recall, Referendum. Initiative and referendum, char., §§ 88 to 99. See Initiative and Referendum. Registration. Officer designated, char., § 31 Requirements generally, char., § 80. Voter registration rolls, § 2-1.1. Regulations for conduct. By ordinance of city commission, char., § 78. Returns. Canvass of returns, char., § 87. State law. Governing elections by state law, char., § 86. Voters. Absentee voting, char., § 85. Qualifications of electors, char., § 79. Registration, char. , § 80. Rolls, § 2-1.1. Supp. #8, 10-79 ELECTRICITY. Appliances. Retail. Licenses. Fees, § 10-5. Certificate of competency. Journeyman electrician, § 7-4. Master electrician, § 7-4. Employing only certified elec- tricians, § 7-6. Enforcement of regulation, § 7-2. Index 234.1 Supp. #5, 12-74 Index ELECTRICITY (Cont'd) Equipment. Standards, § 7-3. Inspections. Building official or designated agent. Duties, § 7-8. Fees, § 7-9. Interfering with inspector, § 7-12. Permits. Prerequisite to inspection, § 7-10. Prerequisite to inspection. Permit, § 7-10. Right of entry of inspector, § 7-11. Installations. Standards, § 7-3. Journeyman electrician. Certificate of competency, § 7-4. Master electricians. Certificate of competency, § 7-4. Employing only certified electri- cians, § 7-6. Name. Not to allow improper use of name, § 7-5. Materials. Standards, § 7-30 National Electrical Code. Applicability, § 7-3. National Electrical Safety Code. Applicability, § 7-3. Permits. Issuance, § 7-7. Prerequisite to inspection, § 7-10. Required, § 7-7. Purpose of regulations, § 7-1. Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Structures. Standards. Materials, installations, etc. , § 7-3. Tax on utilities, §§ 8-14 to 8-18. See Taxation. Trailers and trailer parks, § 26-2. Wiring. Standards, § 7-3. EQUIPMENT. Purchases, §§ 8-4 to 8-10. See Purchases. 235 EXCAVATIONS. Streets and sidewalks, § 22-4. EXHIBITIONS. Obscene exhibitions. Participation in, § 14-13. EXPENDITURES. See Finance. EXPLOSIVES. Establishment of districts in which storage restricted, § 9-5. EXPOSURE. Indecent exposure, H § 14-4 to 14-6. See Indecency. EXPRESS COMPANIES. Licenses, Fees, § 10-50 F FAIRS° Water supply. Temporary service, § 27-4. FALLOUT SHELTERS, § 6-1, Taxation, § 8-3. FALSE FIRE ALARMS, § 9-1. FEES. Collection. Treasurer's duty, char. , § 34, - FELONIES. Questioning of persons in public places, § 14-14. FENCES. Swimming pools, § 24-1. Supp. #7, 5-78 Atlantic Beach City Code FINANCE. Accounting systems. Adoption of uniform account- ing system, § 2-1.4. Allotments. Expenditures for departments, etc Constitute basis of expenditures and are subject to revision char., § 65. Appropriations. Allotments of appropriations for departments, etc., char . , § 64. Constitute basis of expenditures and are subject to revision, char., § 65. Contracts. See Contracts. Emergency appropriations, char., § 75. Expenditures in excess of, char., § 67. Lapse at end of year, char., § 68. Purchases. See Purchases. Transfers, char., § 66. Audit of accounts. Independent annual audit, char., § 24. Bond issues, char . , §§ 148 to 150. See Bond Issues. Borrowing money. Bond issues. See Bond Issues. Budget, char . , §§ 41 to 62. See Budget. City comptroller. See Comptroller. City treasurer. See Treasurer. Collection of fees, funds, etc. Treasurer's duty, char . , § 34. Comptroller. City comptroller. See Comptroller Contracts. See Contracts. Department. Designated, char. , § 28. • 236 FINANCE (Cont'd) Department (Cont'd) Established, char., § 63. Head of department. Director, char., § 63. Depositories. Funds of city. Depositing in depository by treasurer, char., § 34 Withdrawing and dispersing funds, char., § 34. Director. Appointment, char . , § 63. Duties, char., § 63. Head of department, char . , § 63. Powers, char., § 63. Qualifications, char . , § 63. Emergency appropriations, char . , § 75. Expenditures. Allotments constitute basis of expenditures and are sub- ject to revision, char., § 65. Emergency appropriations, char . , § 75. Exceeding appropriations prohibit- ed, char., § 67. Withdrawing and dispersing funds from depository, char . , § 34. Fees. Belonging to city government, char., § 69. Payment to city treasury, char. § 69. Fiscal year, § 8-1; char., § 41. Franchises. See Franchises. Licenses, §§ 10-1 to 10-5. See Licenses. Purchasing, §§ 8-4 to 8-10. See Purchases. Records. Publicity of records, char . , § 165. Suits against city. Procedure, char., § 160. Treasurer. City treasurer. See Treasurer. Supp. #7, 5-78 FINANCE (Cont' d) Uniform accounting system . Adoption , § 2-L4 . Work programs . Allotments of appropriations for departments , etc . , char . , § 64. Submitting to city manager by heads of departments , etc . , char . , § 64. Index 236.1 Supp. #7, 5-78 Index FINANCE (Cont'd) Year. Fiscal year, § 8-1; char. , § 41. FINES. Uniform traffic citations. See Motor Vehicles and Traffic. FIREARMS. Discharging, § 14-17. FIRE DEPARTMENT. Alarms. Chief of police and other peace officers responding to, § 9- 11. Companies responding to, § 9-16. Equipment for turning in and notifying members, § 9-28. False fire alarms , ' § 9-1. Apparatus and equipment. Alarms. Equipment for turning in alarms and notifying members, § 9-28. Concealing, § 9-29. Handling of equipment. Unauthorized, § 9-30. Housing, § 9-27. Unauthorized entry into build- ings, § 9-30. Maintaining required apparatus and equipment, . § 9-25. Private use, § 9-29. Purchases. Recommendations, § 9-26. Required apparatus and equip- ment, § 9-25. Unauthorized entry into build- ings, § 9-30. Arsonists. Reward for information leading to conviction, § 9-2. Cards. Issuing to members, § 9-9. Chief. Abatement of hazards, § 9-19. 237 FIRE DEPARTMENT (Cont'd) Chief (Cont'd) Alarms. Responding of companies to alarms, § 9-16. Appointment, § 9-13. Companies. Determination of number of com- panies, § 9-16. Drills, § 9-17. Efficiency. Responsibility for, § 9-15. Fire Prevention Code, §§ 9-3 to 9-8. See Fire Prevention Code. Hazards. Abatement, § 9-19. Inspections. Hazards. Orders to abate, § 9-19. Right of entry, § 9-19. Instruction, '§ 9-17. Investigations, § 9-18. Morale. Responsibility for, § 9-15. Personnel. Responsibility for, § 9-15. Qualifications, § 9-13. Records. Keeping, § 9-20. Reports. Annual, § 9-22. Monthly, § 9-21. Residence requirements, § 9-13. Rules and regulations. Establishment, § 9-15. Term of office, § 9-13. Companies. Number of companies, § 9-16. Responding to alarms, § 9-16. Composition, § 9-23. Discharge of members, § 9-24. Drills. Duties of chief, § 9-17. Efficiency. Responsibility of chief, § 9-15. Equipment. See within this title, "Apparatus and equip- ment." Supp. #8, 10-79 Atlantic Beach City Code FIRE DEPARTMENT (Cont'd) False fire alarms, § 9-1. Fire Prevention Code, §§ 9-3 to 9-8. See Fire Prevention Code. Hearings. Before city commission on charges as to suspension or discharge, § 9-24. Inspections. Chief. See within this title, "Chief." Instructions. Duties of chief, § 9-17. Investigations. Chief. See within this title, "Chief." Morale. Responsibility of chief, § 9-15 Number of members, § 9-23. Officers. Appointment, § 9-14. Enumeration, § 9-12. Removal, § 9-14. Peace officers. Responding to alarms, § 9-11. Personnel. Responsibility of chief, § 9-15. Police. Responding to alarms, § 9-11. Powers, § 9-10. Qualifications of members, § 9-23. Rank. Issuance of cards to members, § 9-9. Rewards. Information leading to conviction of arsonists, § 9-2. Suspension of members, § 9-24. FIRE DIVISION, Department of public safety. See Public Safety. FIRE ESCAPES, Signs and advertising structures. Obstructing fire escapes, § 20-11. FIRE PREVENTION CODE, Adoption, § 9-3. Blasting agents. Establishment of districts in which storage restricted, § 9-5. FIRE PREVENTION CODE (Cont'd) Chief of fire department. Appeals from actions of, § 9-7. Enforcement, § 9-4. Explosives. Establishment of districts in which storage restricted, § 9-5. Flammable liquids: Establishment of districts in which storage restricted, § 9-5. Gas. Liquefied petroleum gases. Establishment of districts in which storage restricted, § 9-5. Liquefied petroleum gases. Establishment of districts in which storage restricted, § 9-5. Modifications, § 9-6. Penalty for violations, § 9-8. Imposition not to excuse violation, § 9-8. Prohibited conditions. Removal, § 9-8. Violations. Imposition of penalty not to excuse, § 9-8. Penalty, § 9-8. Removal of prohibited conditions, § 9-8. CAparate offensee § 9-8. FISCAL YEAR, § 8-1; char. , § 41. FLAMMABLE LIQUIDS. Establishment of districts in which storage restricted, § 9-5. FLOOD HAZARD DISTRICTS. Administration of chapter, § 9. 1-5. Adoption of maps by reference, § 9. 1-4. Applicability of chapter, § 9. 1-3. Building permits. HFH and GFH districts, § 9. 1-6. Compliance with chapter, Generally, § 9. 1-3. Conflicting ordinances, etc. Priority of chapter § 9.1-3. 238 Supp. #8, 10-79 Index FLOOD HAZARD DISTRICTS (Cont'd) FOLLOWING. Definitions, § 9.1-3. Defined, § 1-2. Development requirements applicable to certain districts . FOOTWAYS . GFH districts , § 9.1-6 . Nuisances , § 13-1. HFH districts , § 9.1-7 . District boundaries . FOWL . Interpretation, § 9.1-9. See Animals and Fowl. Enforcement of chapter , § 9.1-5 . GFH districts . Development requirements, § 9.1-8. Requirements generally, § 9.1-6. HFH districts . Development requirements , § 9.1-7 . Requirements generally , § 9.1-6 . Intent of chapter, § 9.1-1. Interpretation of district boundaries , § 9.1-9. Legislative intent , § 9.1-1. Liability of city , § 9.1-11. Maps. Adoption by reference , § 9.1-4 . Availability to public, § 9.1-4. Non -liability of city , § 9.1-11 . Penalties, § 9.1-12. Purpose of chapter, § 9.1-1. Remedies . Enforcement of chapter , § 9.1-5 . Sewerage plants and systems . Requirements for HFH and GFH districts , § 9.1-6 . Subdivision proposals . Review for HFH and GFH districts , § 9.1-6. Variances from chapter, § 9.1-10. Violations . Continuing violations, § 9.1-12. Enforcement of chapter , § 9.1-5 . Penalties, § 9.1-12. Water supply systems . Requirements in HFH and GFH districts, § 9.1-6. FLORISTS . Licenses. Fees, § 10-5. 238.1 Supp . #6 , 12-76 Index FRANCHISES. Granting. Power of city, char. , § 109. Initiative and referendum. Approval of ordinance by referendum, char. , § 109. Ordinances. Granting by ordinance, char. , § 109. Streets and sidewalks. Granting of franchises, char. , § 109. FRAUD. Elections. Regulations for prevention of fraud, char. , § 78. FRUITS. Stands, peddlers, etc. Licenses. Fees, § 10-5. FUEL OIL. Service. Licenses. Fees, § 10-5. Utility tax, H § 8-14 to 8-18. See Taxation. FUNDS. Sewer plant fund, § 19-18. FURNITURE STORES. Licenses. Fees, § 10-5. G GARAGES. Licenses. Fees, § 10-5. GARBAGE. See Refuse, Garbage and Weeds. GAS. Dealers. Licenses. Fees, § 10-5. 239 GAS (Cont'd) Liquefied petroleum gases. Establishment of districts in which storage restricted, § 9-5. Metered or bottled gas. Tax on utility, §§ 8-14 to 8-18. See Taxation. GENDER. Words importing the masculine gender only. Extended and applied to females, etc. , § 1-2. GENERAL PENALTY, § 1-6. GLASS. Depositing on streets, § 22-3. GONGS. Use on vehicles, § 12-4. GOODS, WARES AND MERCHANDISE. Solicitors, §§ 21-1 to 21-7. See Solicitors. GROCERS. Licenses. Fees, § 10-5. GUNS. Air guns. Discharging, § 14-17. H HARDWARE STORES. Licenses. Fees, § 10-5. HEALTH AND SANITATION. Animals and fowl, H § 4-1, 4-2. See Animals and Fowl Garbage. Refuse, garbage and weeds, H 18-1 to 18-15. See Refuse, Garbage and Weeds. Supp. #7, 5-78 Atlantic Beach City Code HEALTH AND SANITATION (Cont'd) Nuisances, §§ 13-1 to 13-5. See Nuisances. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. Sewers and sewage disposal, §§ 19- 1 to 19-16. See Sewers and Sewage Disposal. Water supply, §§ 27-1 to 27-22. See Water Supply. Weeds. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. HOLIDAYS. Officers and employees, § 16-2. HORNS. Noise, §§ 12-1 to 12-10. See Noise. HOTELS. Licenses. Fees, § 10-5. HOUSE MOVERS. Licenses. Fees, § 10-5. HOUSES. Buildings generally, §§ 6-1 to 6-17. See Buildings. I ICE. Licenses. Fees, § 10-5. ICE CREAM. Licenses. Fees, § 10-5. IMPROVEMENTS. See Local Improvements. 240 INDECENCY. Indecent exposure. Abetting or procuring, § 14-5. Aiding, § 14-5. Premises. Use for prohibited acts, § 14-6. Procuring, § 14-5. Prohibited, § 14-4. Signs and advertising structures, § 20-9. INFANTS. See Minors. INITIATIVE AND REFERENDUM. Ballots. Form of ballot for initiated and referred ordinances, char., § 96. Electors. List of qualified electors. Availability, char., § 97. Results of election, char . , § 98. Submission of ordinances to electors, char., § 95. Franchises. Approval of ordinance by refer- endum, char., § 109. Initiative. Power of initiative, char. , § 88. Ordinances. Amending, char . , § 99. Ballots. Form of ballot for initiated and referred ordinances, char., § 96. Effective date, char . , § 21. Posting, char., § 99. Repealing, char., § 99. Results of election, char . , § 98. Subject to permissive referendum, char., § 21. Submission to electors, char . , § 95. Petitions. Amendment, char., § 92. Certification, char . , § 91, Effect of certification of refer- endum petition, char., § 93. Supp. #7, 5-78 Index INITIATIVE AND REFERENDUM (C ont' d ) Petitions (Cont'd) Committee of petitioners, char . , § 90.. Consideration by commission, char., § 94. Examination, char., § 91. Filing, char . , § 91. Form, char . , § 90. Powers. Initiative, char . , § 88. Referendum, char . , § 89. Referendum. Powers of referendum, char., § 89. Results of election, char., § 98. INJURIES. Malicious injury to public or religious buildings or property, § 14-8. INSURANCE. Agencies. Licenses. Fees, § 10-5. Casualty risk insurance. Licenses. Fees, § 10-5. Insurers. Licenses. Fees, § 10-5. Time of payment, § 10-5. Old age and survivors insurance. Social security, §§ 16-4 to 16-11. See Social Security. Property insurance. Licenses. Fees, § 10-5. Signs and advertising structures, § 20-6. INTERIOR DECORATING Licenses. Fees, § 10-5. INTOXICATING LIQUORS. See Alcoholic Beverages. 241 J JEWELERS. Licenses. Fees, § 10-5. JOINT AUTHORITY. Defined, § 1-2. JUDGE. Municipal court. See Courts. K KEROSENE. Utility tax, §§ 8-14 to 8-18. See Taxation. KINDERGARTENS. Licenses. Fees, § 10-5. L LAND. Occupant. Defined, § 1-2. Owner. Defined, § 1-2. Subdivision of land, 23-11. See Subdivisions. Tenant. Defined, § 1-2. LAUNDRIES. Licenses. Fees, § 10-5. §§ 23-1 to LICENSES. Agents. Responsibility, char., § 126. Alcoholic beverages. See Alcoholic Beverages. Supp. #8, 10-79 Atlantic Beach City Code LICENSES (Cont'd) Classification. Businesses falling under more than one, § 10-2. Compliance with city ordinances by licensees, § 10-3. Fees. Businesses falling under more than one classifications, § 10-2. Businesses operated at more than one location, § 10-2. Schedule of fees, § 10-5. (See particular titles of busi- nesses, etc. , throughout this index.) Half-year licenses, § 10-1. Issuance. Half-year licenses, § 10-1. Locations. Businesses operated at more than one location, § 10-2. Occupational license tax year, § 10-1.1. Ordinances. Licensees to comply with city ordinances, § 10-3. Period covered by licenses, char., § 126. Plumbing. See Plumbing. Purpose, char., § 125. Revocation, § 10-4. Schedule of fees, § 10-5. (See particular titles of busi- nesses, etc. , through- out this index.) Tax. Amount. Fixing by commission, char . , § 125. Collection Authority of commission, char. , § 125. Evidence of liability of person for payment, char. , § 126. LICENSES (Cont'd) Tax (Cont'd) Imposition. Authority of city commission, char., § 125. Indebtedness to city, char . , § 125. Levy. Authority of commission, char., § 125. Payment. Evidence of liability of for payment, char Failure to pay, char. , Tax year. Occupational license tax § 10-1.1. Term, char., § 126. Trailer parks and tourist §§ 25-3, 26-4. See Trailers and Trailer Transferability, char., § person ., § 126. § 125. year, camps, Parks. 126. LIFE GUARD DIVISION. Department of public safety. See Public Safety. LIGHT AND POWER. Electricity, §§ 7-1 to 7-12. See Electricity. LINEN SUPPLY . Licenses. Fees, § 10-5. LIQUEFIED PETROLEUM GASES . Establishment of districts in which storage restricted, § 9-5. LIQUORS . Intoxicating liquors. See Alcoholic Beverages. LOAN ASSOCIATIONS. Licenses. Fees, § 10-5. LOCAL IMPROVEMENTS. Continuance of contracts and pub- lic improvements, char . , § 176. 242 Supp. #8, 10-79 Index LOCAL IMPROVEMENTS (Cont'd) Contracts, char . , § 72. City improvements of over one thousand dollars to be ex- ecuted by contract, § 8-5. LOITERING, § 14-7. LOST OR CONFISCATED PROPERTY. Disposition , § 2-1.2 LOUDSPEAKERS. Noise. Generally, §§ 12-1 to 12-10. See Noise. Hours when use permitted, § 12-8. Permit required for advertising purposes, § 12-8. LUMBERYARDS. Licenses. Fees, § 10-5. M MAGAZINES. Licenses. Fees, § 10-5. Materials harmful to children. Sale, § 14-10. MAIL, Registered mail. Defined, § 1-2. MALICIOUS INJURY. To public or religious buildings or property, § 14-8. MANAGER. Absence, Designation of qualified admin- istrative officer to act, char., § 27. Qualified administrative officer to act in absence of manager, char., § 27. MANAGER (Cont'd) Appointment, char . , §§ 10, 25. Budget, char . , §§ 41 to 62. See Budget. Departments. Generally. See Departments. Heading one or more depart- ments, char., § 29. Head of departments. Direction of city manager, char. § 29. Director of public safety , § 2-1. Duties, char. , § 26. Generally, char., § 10. Form of government, char, § 3. Investigations, char. , § 164. Powers, char . , § 26. Enumerated, char . , § 4. Generally, char. , § 10. Qualifications, char. , § 25. Removal from office, char. , § 11. Removal of officers and employees, char., § 161. Residence requirements, char. , § 25. Right of manager in commission, char., § 163. Term of office, char., § 11. MANUFACTURERS. Agencies. License. Fees, § 10-5. Licenses. Fees, § 10-5. MARBLE MACHINES, Licenses. Fees, § 10-5. MARKETS. Licenses. Fees, § 10-5. MATERIALS. Purchases, §§ 8-4 to 8-10. See Purchases. 242.1 Supp. #8, 10-79 Atlantic Beach City Code MAY. Word "may" is permissive, § 1-2. MAYOR, Absence. Mayor pro -tem, char . , § 8. Disability. Mayor pro -tem, char. § 8. Duties. No regular administrative duties, char., § 8. Head of city government, char. , § 8. Instruments. Executing certain instruments to wiichcity is party, char. , § 8. Mayor pro -tem, char. , § 8. Meetings of commission Presiding officer , char . , § 8. Salary, char., § 7. MILK, Licenses. Fees, § 10-5. MINORS. Definitions, § 14-9, Delinquent children, § 14-12. Materials harmful to children, Sale to child, § 14-10. Motion pictures, etc. , harmful to children. Admission to or exhibition of, § 14-11. Shows, motion pictures, etc. , harmful to children. Admission to or exhibition, § 14- 11. MISDEMEANORS. State misdemeanors, § 14-16, MONTH. Defined, § 1-2. MOTELS. Licenses. Fees, § 10-5. MOTION PICTURES, Licenses. Fees, § 10-5, Shows, etc. , harmful to children. 'Sale, admission to motion picture, etc. , harmful to children, §§ 14-10, 14-11. MOTOR VEHICLES AND TRAFFIC Citations, See within this title, "Uniform traffic citations . " Fines, Uniform traffic citations, See within this title, " Uni- form traffic citations ." Florida Model Traffic Ordinance, Adoption, § 11-1. One-way streets and alleys. Schedules of designated streets, etc. ,§ 11-20 Parking. Prohibited. At all times on certain streets. Schedules of designated streets, etc., § 11-2. Time limit on certain streets, Schedules of designated streets, etc, , § 11-2, Uniform traffic citations. See within this title , ',uni- form traffic citations," Signs, Signs and advertising structures obstructing view of, § 20-8. Speed limits, Schedules of designated streets, etc, , § 11-2, Through streets. Schedules of designated streets, etc., § 11-2. Traffic citations. See within this title, "Uniform traffic cita- tions." ita-tions." Uniform traffic citations. Filing, § 11-3. Fines. Disposition of money collected as fines, § 11-8. 242.2 Supp. #8, 10-79 Index MOTOR VEHICLES AND TRAFFIC (Cont'd) Uniform traffic citations (Cont'd) Fines (Cont'd) Payment of parking fines , § 11- 6 Schedule, § 11-4. Form of citation, § 11-5. Notice of violation, § 11-3. Presumption of motor vehicle ownership, § 11-7. Printing, § 11-3. MUD. Depositing on streets, § 22-3. MUNICIPAL COURT . See Courts. MUSIC . Noise. Regulations as to playing of musical instruments , § 12- 5. Shops. Licenses. Fees, § 10-5. Use of noise -producing instru- ments outdoors on own premises, § 12-2. N NAILS . Depositing on streets, § 22-3. NATUROPATHS. Licenses. Fees, § 10-5. NEWSPAPERS. Licenses . Fees, § 10-5. NIGHTTIME . Noise. Operations at night, § 12-6. 243 NOISE . Advertising, § 12-8. Animals and fowl, § 12-9. Auctions , § 12-3. Blowers . Muffling, § 12-7. Buildings. Operations at night, § 12-6. Churches. Interfering with churches , § 12- 10. Courts . Interfering with courts , § 12-10. Engines. Muffling, § 12-7. Gongs . Use on vehicles , § 12-4. Loudspeakers. Hours when use permitted, § 12- 8 . 28. Permit required for advertising purposes , § 12-8. Muffling of blowers , power fans and' engines , § 12-7. Music. Regulations as to playing of musi- cal instruments , § 12-5. Use of noise -producing instruments outdoors on own premises , § 12-2. Nighttime. Operations at night, § 12-6. Noise -producing instruments . Use outdoors on own premises , § 12-2. Supp. #8, 10-79 Index NOISE (Cont'd) Permits. Loudspeaker for advertising purposes, § 12-8. Playing of musical instruments. Regulated, § 12-5. Power fans. Muffling, § 12-7. Prohibited. Unnecessary noise generally, § 12-1. Public places. Creation, etc. , of noise in public places, § 12-3. Schools. Interfering with schools, § 12-10. Sirens. Use on vehicles, § 12-4. Taxicabs. Gaining passengers for cabs, etc. , § 12-3. Unnecessary noise. Prohibited generally, § 12-1. Vehicles. Sirens, whistles, etc. , on vehicles, § 12-4. Whistles. Use on vehicles, § 12-4. NOVELTIES. Licenses. Fees, § 10-5. NUISANCES. Enforcement of removal, suppression or abatement by city. Costs. Levy of special assessment against property, § 13-4. Lien on land, § 13-4. Generally, § 13-3. When action by city commission to be taken, § 13-3. Notice to remove, suppress or abate. Action by city commission following, § 13-3. Contents, § 13-2. Service of, § 13-2. 245 NUISANCES (Cont'd) Penalty in addition to other remedies, § 13-5. Prohibited. Certain acts, occurrences and con- ditions, § 13-1. Remedies. Penalty in addition to other remedies, § 13-5. NUMBER. Words importing the singular number only. Extended and applied to several per- sons, etc. , § 1-2. NUMBERING BUILDINGS, §§ 6-12 to 6-17. See Buildings. NURSERIES. Licenses. Fees, § 10-5. 0 OATHS. Clerk. Administering oaths, char., § 31. Defined, § 1-2. Officers and employees, char. , § 168. OBSCENITY. Material. Distribution of obscene material, § 14-13.1, Shows. Participation in obscene shows, exhibitions, etc. , § 14-13. Signs and advertising structures, § 20-9. OCCUPANT. Defined, § 1-2. OFFICERS AND EMPLOYEES. Abolishing offices. By city commission, char. , § 13. Supp. #2, 5-71 Atlantic Beach City Code OFFICERS AND EMPLOYEES (Cont'd) Advisory planning board, §§ 2-6 to 2-11. See Planning. Assessor. City tax assessor, See Taxation. Attorney. See Attorney. Bonds, char., § 167. Building official, §§ 6-2 to 6-7, See Buildings, Charter. Continuance of present officers, char., § 172. City attorney. See Attorney. City clerk. See Clerk. City commission. See City Commission. City comptroller. See Comptroller. City manager. See Manager. City prosecutor. See Prosecutor. City tax assessor. See Taxation. City treasurer. SPP Trepcurer, Civil service. See within this title, "Personnel regulations." Conflicts of interest, char., § 166. Continuity of offices, boards, com- missions or agencies, char., § 1750 Departments. Generally. See Departments. Personnel. See within this title, "Personnel regulations." Elections, char, , §§ 78 to 87, See Elections. Fees. Belonging to city government, char., § 69. Payment to city treasury, char., § 69, OFFICERS AND EMPLOYEES (Cont'd) Fire department, §§ 9-9 to 9-30. See Fire Department. Holidays, § .16-2. Investigations by commission, etc., char. § 164. Mayor. See Mayor. Oaths, § 1-2; char., §§ 31, 168. Official bonds, char., § 167. Personnel regulations. Annuities, Payment. Cessation. Death of employee, § 16-16. Death of employee. Cessation of payment, § 16-16. Effective upon employee's retirement, § 16-15, General fund to include payment, § 16-12. Minimum monthly payment, § 16-14. Retirement, § 16-15. Qualifications of employees, § 16-13. Civil service board. Appointment, char., § 77. Duties, char., § 77. Powers, char., § 77. Qualifications of members, char., 770 Removal of members, char., § 77. Service of board, char., § 77. Vacancies, char., § 77. Director, char., § 77. Duties, char., § 77. Powers, char., § 770 Provisions for, char., § 77. Qualifications, char., § 77. Personnel department. Designated, char., § 28. Establishment, char., § 77. Program. Adoption, § 16-1. Amendments, § 16-2. Promotions. To higher grade pay levels, § 16-3. Social security, §§ 16-4 to 16-11. See Social Security. 246 Supp. #2, 5-71 Index OFFICERS AND EMPLOYEES (Cont'd) Plumbing inspector, § 17-3. See Plumbing. Police department. See Police Department. Recall, char. , §§ 100 to 108. See Recall. Records. Publicity of records, char. , § 165. Reference to certain city officers. Construed to refer to officers of the City of Atlantic Beach, § 1-2. 246. 1 Supp. #1, 5-70 Index OFFICERS AND EMPLOYEES (Cont'd) Removal, char. , § 161. Right of officers in commission, char. , § 163. Rights preserved, char. , § 171. Social security, §§ 16-4 to 16-11. See Social Security. OFFICE SUPPLY AND EQUIPMENT. Licenses. Fees, § 10-5. OIL. Dealers. Licenses. Fees, § 10-5. Fuel oil. Utility tax, §§ 8-14 to 8-18. See Taxation. OLD AGE AND SURVIVORS INSURANCE. Social security, §p 16-4 to 16-11. See Social Security. OPTICIANS. Licenses. Fees, § 10-5. ORDINANCES. Actions of city commission, char. , § 17. Amendment. Prior to final passage, char. , § 20. Appropriations, char. , § 75. Charter. Existing ordinances to continue in effect, char. , § 178. Contracts. No contract executed until bond ordi- nance effective, char. , § 74. Definitions generally, § 1-2. Effective date, char. , § 21. Elections. Governing elections by ordinance, char. , § 86. Emergency ordinances, char. , § 23. ORDINANCES (Cont'd) Enacting clause, char. , § 17. Florida Model Traffic Ordinance. Adoption, § 11-1. Franchises. Granting by ordinance, char. , § 109. Hearings, char. , H § 18 to 20. Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. Introducing. In writing, char. , § 18. Licenses. Licensees to comply with city ordi- nances, § 10-3. Oaths, char. , § 168. Passage. Amendment prior to passage, char. , § 20. Emergency ordinances, char. , § 23. Final passage, char. , §§ 19, 20. Procedure, char. , § 18. Second passage, char. , §§ 19, 20. Posting, char. , H 18, 20 to 22. Publication, char. , §§ 21, 22. Reading, char. , §§ 18, 19. Recordation, char. , § 31. Referendum. Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. Repeal. Effect of, § 1-4. Rules of construction, § 1-2. Violations. Continuing violations, § 1-6. General penalty, § 1-6. 247 OSTEOPATHS. Licenses. Fees, § 10-5. OWNER. Defined, § 1-2. Supp. #8, 10-79 P PAMPHLETS. Materials harmful to children. Sale, § 14-10. PARADES. Permits, § 22-2. PARKING LOTS. Licenses. Fees, § 10-5. Motor vehicles and traffic generally. See Motor Vehicles and Traffic. PARKS. Trailers and trailer parks, §§ 26-1 to 26-4. See Trailers and Trailer Parks. Atlantic Beach City Code PEANUTS. Licenses. Fees, § 10-5. PEDDLERS. Licenses. Fees, § 10-5. PENALTIES. General penalty, § 1-6. PF R Tf1T1T (`Q L q Licenses. Fees; § 10-5. PERMITS. Digging up streets. Public utilities, § 2-24. Electricity, § 7-7. See Electricity. Loudspeaker for advertising purposes, § 12-8. Parades and processions, § 22-2. Plumbing permits, §§ 17-10 to 17-13. See Plumbing. Sewers and sewage disposal. Systems where city sewers not avail- able, H 19-10 to 19-14. See Sewers and Sewage Disposal. Signs, §§ 20-3 to 20-5. See Signs and Advertising Structures. PERMITS (Cont'd) Solicitors. See Solicitors. Streets and sidewalks. Obstructing streets and sidewalks, § 22-1. Swimming pools, § 24-5. Water supply. Consumer to grant city certain rights, easements, permits, etc. , § 27-5. PERSON. Defined, § 1-2. PERSONNEL. See Officers and Employees. PETITIONS. Initiative and referendum, char. , §§ 88 to 99. See Initiative and Referendum. Recall, char., §§ 100 to 108. See Recall. PHONOGRAPHS. Coin operated machines. Licenses. Fees, § 10-5. PH^T lri2 A nLTTnc' 1 11 i VUS%&11 .LJ. .J£tLS. Licenses. Fees, § 10-5. PHOTOGRAPHS. Materials harmful to children. Sale, § 14-10. PHYSICIANS. Licenses. Fees, § 10-5. PICTURES. Materials harmful to children. Sale, § 14-10. PISTOLS. Air pistols. Discharging, § 14-17. 248 Supp. #8, 10-79 Index PLANNING. Advisory planning board. Certification of plans and recommenda- tions to city commission, § 2-11. 248. 1 Supp. #4, 9-72 Index PLANNING (Cont'd) Advisory planning board (Cont'd) Chairman Election, § 2-7. City commission serving on board, § 2-7. Composition, § 2-7. Created, § 2-6. Designated as local planning agency, § 2-1.3. Duties, § 2-10. Filling of vacancies, § 2-8. Manager ex officio members, § 2-7. Members holding other public office, § 2-7. Officers, § 2-7. Plans. Certification of plans and re- commendations to city com- mission, § 2-11. Qualifications of members, § 2-7. Recommendations. Certification of plans and re- commendations to city com- mission, § 2-11. Removal of members, § 2-9. Terms of office of members, § 2-8. Vacancies. Filling of vacancies, § 2-8. Local planning agency. Advisory planning board designated, § 2-1.3. Subdivisions, §§ 23-1 to 23-11. See Subdivisions. Zoning, §§ 28-1 to 28-22; char., §§ 127 to 147. See Zoning. PLATS. Subdivisions generally, §§ 23-1 to 23-11. See Subdivisions. PLUMBING. Approval prior to connection with water system, § 27-19. 249 PLUMBING (Cont'd) Board of examiners. Certificates of competency, § 17- 4. Certificates of competency. Journeyman plumbers, § 17-4. Master plumbers, § 17-4. Code. Adoption, § 17-1. Inspector. See within this title, "Plumbing inspector.'' Journeyman plumbers. Certificates of competency, § 17-4. Liabilities, etc., not affected, § 17-14. Master plumbers. Certificates of competency, § 17-4 Permit. Fees, § 17-12. Issuance. Determination of ownership of secondhand fixtures prior to issuance, § 17-11. To whom issued, § 17-13. Required, § 17-10. Plumbing inspector. Appointment, § 17-3. Qualifications, § 17-3. Prior rights, liabilities, etc., not affected, § 17-14. Rights, liabilities, etc., not affect- ed, § 17-14. Sewers and sewage disposal, §§ 19-1 to 19-16. See Sewers and Sewage Disposal. Supplies. Licenses. Fees, § 10-5. Swimming pools. See Swimming Pools. Trailers and trailer parks, § 26-2. Water supply, §§ 27-1 to 27-22. See Water Supply. POLES AND WIRES. Electricity, §§ 7-1 to 7-12. See Electricity. Supp. #8, 10-79 • Atlantic Beach City Code POLES AND WIRES (Conttd) Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Struc- tures. POLICE. Animals and fowl, §§ 4-1, 4-2. See Animals and Fowl. Chief. Reference to chief of police. Construed to refer to officer of the city, § 1-2. Confiscated or lost property, § 2-1.2. Department of public safety See Public Safety. Lost or confiscated property, § 2-1.2. Motor vehicles and traffic, §§ 11- 1, 11-2. See Motor Vehicles and Traffic. Questioning person in public places, § 14-14. Weapons. Dangerous weapons search, § 14- 14. POOLROOMS. Licenses, Fees, § 10-5. POOLS. Swimming pools, §§ 24-1 to 24-7. See Swimming Pools, POPCORN. Licenses. Fees, § 10-5. POULTRY AND EGGS. Licenses. Fees, g 10-5. POWERS OF CITY, Enumerated, char . , §§ 4, 9, Vested in city commission, char., § 9. PRECEDING, Defined, § 1-2. PRESSING CLUB. Licenses. Fees, § 10-5. PRINTING. Licenses, Fees, § 10-5 PROCESSIONS. Permits, § 22-2. PROPERTY, Malicious injury to property, § 14-8. Title to property reserved to new city, char., § 174, Transfer of • records and property of boards, departments, etc., char., § 173. PROSECUTOR. Appointment, char, , § 156. Duties, char., § 156. Positionmay be created, char., § 156, Powers, char., § 156, Salaries, char . , § 159. PRO SHOP, GOLF. Licenses, Fees, § 10-5, PUBLICATION. Definition of "publishing," char, , § 170. Ordinances, char,, §§ 21, 22. Zoning, Hearings, char., § 130. PUBLIC PLACES. Alcoholic beverages. Consumption, etc., upon public property, § 3-8, 250 Supp. #8, 10-79 Index PUBLIC PLACES (Cont'd) Defined, § 1-2. Loitering in or about, § 14-7. Noise. Creation, etc. , of noise in pub- lic places, § 12-3. Questioning of persons in public places, § 14-14. Weapons. Dangerous weapons search, § 14- 14. PUBLIC SAFETY. Beaches. Generally, §§ 5-1 to 5-7. See Beaches. Department of public safety . Chief public safety officer Appointment, char . , §§ 36, 39. Arrest. Procedure as to, char., § 38. Compensation, char . , § 39. Deputies. Powers and authority generally , char., § 38. Fire division. Designated head of fire divi- sion, char . , § 39. Life guard division. Responsibility , char . , § 40.1. Meetings of commission. Attending, char . , §§ 37, 40. Police division. Designated head of police divi- sion, char . , § 36. Powers, duties and authority. Additional duties and authority , char . ,§ 40. General provisions , char . , §§ 37, 38. Life guard division, char . , § 40.1. Motor vehicles and traffic. Uniform traffic citations , § 11- 3 Removal , char . , §§ 36, 39. Created, char . , § 35. 251 PUBLIC SAFETY (Cont'd) Department of public safety (Cont' d) Director . City manager designated, § 2-1; char., § 35. Divisions. Established, char . , § 35. Fire division. Chief public safety officer . Designated head of division, char , § 39. Life guard division. Captain ° Supervision of division, char., § 40.1. Function of the division, char . , § 40.1. Supervision, char., § 40.1. Motor vehicles and traffic General provisions. See Motor Vehicles and Traffic Police division. Chief public safety officer to head, char., § 36. Fire division. Department of public safety. See within this title, "Depart- ment of public safety." Life guard division. Department of public safety. See within this title, "Depart- ment of public safety." Police division. Department of public safety. See within this title, "Depart- ment of public safety . " PUBLIC UTILITIES . Streets and sidewalks. Digging up streets, § 22-4. Suits against city. Procedures, char., § 160. Tax, §§ 8-14 to 8-18, See Taxation. Supp. #8, 10-79 Atlantic Beach City Code PURCHASES. Accounting control , char . , § 73. Appropriations. Unencumbered appropriations, char., § 73. Authority of city manager or appointed purchasing agent, char., § 70. Bids. Competitive bidding, char . , § 71. Contracts, Awarding to lowest responsible bidder, § 8-6. City improvements of over one thousand dollars to be executed by contract, § 8-5. Two or more for purchases over one thousand dollars, § 8- 4 Rejection of bids and readvertise- ment, § 8-7. City manager . Authority, char . , § 70. Competitive bidding, char e , § 71. Conflicts of interest of members of commission, char. , § 166. Contracts. Alterations, § 8-8. Awarding lowest responsible bidder, § 8-6. Bids, Rejection of bids and readver- tisement, § 8-7. City improvements of over one thousand dollars to be executed by contract, § 8-5. Local improvements . Contracts. City improvements of over one thousand dollars to be executed by contract, § 8-5. One thousand dollars Authority of purchasing agent to make purchases not ex- ceeding, § 8-9. PURCHASES (Cont'd) One thousand dollars (Conttd) City improvements over one thousand dollars to be executed by contract, § 8-5. Two or more bids required for purchases over, § 8-4. Payment. Upon receipt of invoice, etc. , 8-10. Purchasing agent. Authority , char . , § 70. Making purchases not exceeding one thousand dollars , § 8-9. Competitive bidding, char , , § 71. Duties, char . , § 70. Powers, char., § 70. Requisitions , char . , § 730 Unencumbered appropriations, char , § 73, R RADIOS . Repair shop. Licenses. Fees, § 10-5. REAL ESTATE. Agencies. Licenses. Fees, § 10-5. RECALL. Election, char . , § 102 Ballots , char o , § 103. Counting votes, char. , § 105. Court ordering election, char . , § 102. Filling of vacancies, char , , § 104. Order and fixing date for holding recall election, char., § 102 Person deemed removed from of- fice, char., § 104. Special election, char. , § 102. Time of holding, char . , § 102. 252 Supp. #8, 10-79 Index RECALL (Cont'd) Election (Cont'd) Vacancies. Filling of vacancies , char . , § 104. Votes . Counting votes , char . , § 105. Filling of vacancies , char , § 104. Methods of removal. In addition to methods as pro- vided by general law , char . , § 107. Notice to commissioner or com- missioners, char., § 101. Petitions. Notice to commissioners or com- missioners, char., § 101. Offenses relating to , char . , § 108. Preservation of papers connected with petition, char . , § 107. Procedure for removal of members of city commission from of- fice, char., § 100. Removal of members of city com- mission from office , char . , § 100. Restrictions on time for filing , char , § 107. Removal of members of city com- mission from office, char., § 100. Resignation. Effect of, char . , § 106. Vacancies. Filling of vacancies , char . , § 104. RECORDS. Publicity of records , char . , § 165. Transfer of records and property of departments , boards , etc., char., § 173. REFERENDUM. Initiative and referendum , char . , §§ 88 to 99. See Initiative and Referendum. 253 REFUSE, GARBAGE AND WEEDS. Accumulations of weeds or trash. Keeping premises clean and free of accumulation's , § 18-12 Notice to clean premises , § 18- 13. Time for compliance with no- tice, § 18-13. Work done by city. Costs , § 18-14. Maximum assessment per year, § 18-15. Premises. Keeping clean and free of accu- mulations , § 18-12. Weeds. Height . Maximum permissible height , § 18-11. Keeping premises clean and free of. See within this sub- title, "Keeping premises clean and free of accumu- lations . " Beaches, § 5-4. Definitions , § 18-1. Refuse and garbage. Burial of garbage, § 18-3. Collection. Certain wastes not to be re- moved by city, § 18-8. Fees to be charged by city, § 18-7. License, §§ 10-5, 18-5. Compost piles , § 18-4. Containers . Blinds § 18-2. Emptying. Frequency, § 18-2. Inspection, § 18-2. Providing by residents , occu- pants , etc . , of premises , § 18-2. Removal after collection of con- tents, § 18-2. Required, § 18-2. Setting out for collection, § 18-2. Storage, § 18-2. Supp . #8, 10-79 Atlantic Beach City Code REFUSE, GARBAGE AND WEEDS (Cont'd) Refuse and garbage (Cont'd) Depositing. On vacant lots, streets, parks, etc., § 18-4. Evidence. Production of garbage, § 18-9. Inspections. Duty of city to inspect premises, § 18-9. License. Collection, removal, transporta tion and disposal, §§ 10-5 , 18-5. Outside regular service area. Service to persons, § 18-10. Parks. Depositing in, § 18-4. Permits, Transportation of garbage, § 18-6. Premises. Inspection by city, § 18-9. Production of garbage. Prima facie evidence, § 18-9. Removal. See within this sub- title, "Collection." Service. Persons outside regular service area, § 18-10, Streets. Depositing on, § 18-4. Transportation. License, § 18-5. Permit, § 18-6. Vacant lots. Depositing on, § 18-4. Trash. See within ` this title, "Accumulation of weeds or trash," Weeds. See within this title, "Accumulation of weeds or trash." REGISTERED MAIL'. Defined, § 1-2. REGISTRATION Solicitors. See Solicitors, REPAIRMEN AND REPAIR SHOPS Licenses. Fees, § 10-5. RESOLUTIONS. Recordation, char. , § 31. Violations. Continuing violations, § 1-6. General penalty, § 1-6. RESTAURANTS. Licenses. Fees, § 10-5. REWARDS. Information leading to conviction of arsonists, § 9-2, RIDING ACADEMIES OR STABLES . Licenses. Fees, § 10-5, RIFLES Air rifles. Discharging, § 14-17. RINKS. Licenses. Fees, § 10-5. ROLLER SKATING. Rinks. Licenses. Fees, § 10-5. ROOMING HOUSES . Licenses. Fees, § 10-5. RULES OF CONSTRUCTION. Code, § 1-2. Ordinances, § 1-2. 254 Supp. #8, 10-79 S SAFETY. Department of public safety. See Public Safety. SAFETY ZONE. Beaches, §§ 5-5 to 5-7. See Beaches. SALARIES . Assessor, char., § 33. Attorney , char . , § 159. Chief of police, char . , § 36. City commission. Amount of salary for commis- sioner , char . , § 7. City tax assessor, char., § 33. Clerk, char., § 31. Comptroller , char . , § 32. Fire chief, char., § 39. Municipal judge , char . , § 159. Prosecutor, char., § 159. Treasurer, char., § 34. SCALES. Licenses. Fees, § 10-5. SCHOOLS. Licenses. Fees, § 10-5. Noise. Interfering with schools , § 12- 10. Index 254.1 Supp . #8, 10-79 TREASURER (Cont' d) Direction of city commission, char., § 34. Duties . Generally , char . , § 34 . Powers . Generally , char . , § 34 . Salaries , char . , § 34 . Term of office , char . § 34 . TREES . Damage, § 26.1-4. Destruction , § 26.1-4 . Official. Authority, § 26.1-2." Duties , § 26.1-2 . Jurisdiction , § 26.1-1. Penalties for violation§, § 26.1-5. Permits . Removal , § 26.1-3 . Removal, § 26.1-3. Violations . Penalty , § 26.1-5 . TRUCKS. Transfer . Licenses . Fees, § 10-5. U UNITED STATES OF AMERICA . Utility tax . Exemptions, § 8-17. UTILITIES . See Public Utilities . V VEHICLES. Auto dealers . Licenses. Fees,§ 10-5. Beaches. Safety zone , § 5-6 . Index 263 VEHICLES (Cont'd) Dealers . Licenses . Fees, § 10-5. Garages , service stations , etc . Licenses. Fees, § 10-5. Motor vehicles and traffic . See Motor Vehicles and Traffic . Trailers and trailer parks , §§ 26- 1 to 26-4. See Trailers and Trailer Parks . Truck transfer . Licenses. Fees, § 10-5. VENDING MACHINES . Licenses. Fees, § 10-5. VETERINARIANS . Licenses. Fees, § 10-5. VOTING . Elections . See Elections . W WAREHOUSES . Storage warehouse. Licenses. Fees, § 10-5. WATER. Public safety . Department of public safety . Life guard division . See Public Safety . WATER SOFTENER. Licenses. Fees, § 10-5. WATER SUPPLY. Acts prohibited, § 27-17. Application for service, § 27-1. New subdivisions , § 27-21. Supp . #8 , 10-79 Atlantic Beach City Code WATER SUPPLY (Cont'd) Bills. See within this title, "Charges." Charges. Billing. Adjustment of bills. Testing of meters, § 27-7. Allowances not made for leaks on consumer's side of meter, § 27-15. Basis if meter fails to register, § 27-9. Dates for billing, § 27-13. Delinquent bills, § 27-13. Disconnection of service for failure to pay bill, § 27- 13. Failure to receive bill, § 27-13. When bills become delinquent, § 27-13. Connections, § 27-3. Enumerated, § 27-12. Established, § 27-12. Initial payment of minimum water rental, § 27-3. Liability of consumer, § 27-8. Private fire protection service, § 27-14. Property owner responsible to city for, § 27-11. Re-establishing service after cut-off, § 27-6. Vacant houses. No allowance to be made un- less water shut off, § 27- 8. Circuses. Temporary service, § 27-4. Connections, Approval of plumbing prior to connection with water system, § 27-19. Charges, § 27-3. Private water system to city system, § 27-16. Restricted to city employees, § 27-2. 264 WATER SUPPLY (Cont'd) Construction work. Temporary service, § 27-4. Damages. Suits against city. Procedure, char., § 160. Discontinuing service. Failure to pay bill, § 27-13. Fee to re-establish service after cut-off, § 27-6. Easements. Consumer to grant city, § 27-5. Extensions of mains. See within this title, "Mains." Fairs. Temporary service, § 27-4. Fire protection. Private fire protection service, § 27-14. Fixtures. Examining. Right of city employees, § 27-5. Interruptions in service. Liability of city, § 27-20. Leaks. Allowances not made for, § 27- 15. Mains . Costs in subdivisions to be paid by developer. § 27-21. Extending mains one hundred feet or more in existing streets, § 27-22. Tapping restricted to city em- ployees, § 27-2. Meters. Cost in subdivisions to be paid by developer , § 27-21. Failing to register. Basis for billing, § 27-9. Leaks. Allowances not made for leaks on consumer's side of meter, § 27-15. Supp. #8, 10-79 Index SEAL. City seal. Custodian, char. , § 31. SECONDHAND DEALERS. Licenses. Fees, § 10-5. SEED STORES. Licenses. Fees, § 10-5. SERVICE STATIONS. Licenses. Fees, § 10-5. SEWERS AND SEWAGE DISPOSAL. City sewers not available. Construction of system. In accordance with permit, § 19-15. Installation not to be covered prior to inspection, § 19-15. Inspections. Installations not to be covered prior to inspection, § 19-15. Maintenance of system, § 19-16. Permits for system. Application, § 19-11. Building permit prerequisite to is- suance, § 19-10. Constructed system in accordance with permit, § 19-15. Fee, § 19-12. Issuance, § 19-14. Percolation test, § 19-13. Plot plan. Submitting, § 19-11. Required, § 19-10. Submitting plot plan and other infor- mation, § 19-11. Tests. Percolation test, § 19-13. City system. Charges. Billing, § 19-5. Free service not to be rendered, § 19-7. Outside -of -city, § 19-4. 255 SEWERS AND SEWAGE DISPOSAL (Cont'd) City system (Cont'd) Charges (Cont'd) Payment. Discontinuing service for failure to pay, § 19-5. Failure to pay when due, § 19-5. When payable, § 19-5. Restoration of service after discon- tinuation for failure to pay bill, § 19-6. Service charges, § 19-2. Surcharge for industrial wastes, § 19-3. Connections. Charges. Commercial units, § 19-17. Investment, § 19-18. Residential units, § 19-17. Securities. Investment in, § 19-18. Sewer plant fund. Purpose of, § 19-18. Compliance with Plumbing Code, § 19-1. Industrial property. Refusing connection, § 19-1. Outside -of -city, § 19-4. Permit, § 19-1. Refusal.. Industrial property, § 19-1. Required, § 19-1. Discontinuance of service. Charges for restoration, § 19-6. Failure to pay charges, § 19-5. Upon request when occupant absent from premises, § 19-8. Free service. Not to be rendered, § 19-7. Indus trial wastes. Connections. Refusing connections, § 19-1. Surcharges, § 19-3. Introducing substances into sewers. Restricted substances, § 19-3. Supp. #4, 9-72 Atlantic Beach City Code SEWERS AND SEWAGE DISPOSAL (Cont'd) City system (Cont'd) Outside -of -city. Charges for service, § 19-4. Serving premises, § 19-4. Permits. Connections, § 19-1. Rules and regulations. Additional. Prescribed by commission, § 19-9. Surcharges. Industrial wastes, § 19-3. Permits. City sewers not available. See within this title, "City sewers not avail- able. " Connections to city system, § 19-1. Plumbing, §§ 17-1 to 17-14. See Plumbing. Subdivisions. See Subdivisions. Water supply, §§ 27-1 to 27-22. See Water Supply. SHALL. Word "shall" is mandatory, § 1-2. SHEET METAL SHOPS. T iiC.cliuis. Fees, § 10-5. SHELTERS. Fallout shelters, § 6-1. Taxation, § 8-3. SHOE REPAIR, Licenses. Fees, § 10-5. SHOWS. Children. Admission to or exhibition of show harmful to children, § 14-11. Obscenity. Participation in obscene shows, ex- hibitions, etc. , § 14-13. SHUFFLEBOARDS. Licenses. Fees, § 10-5. SIDEWALKS. See Streets and Sidewalks. SIGNS AND ADVERTISING STRUCTURES. Beacon lights, § 20-14. Blinker lights, § 20-14. Bonds, § 20-6. Concealing rear of sign, § 20-21. Construction. License, § 20-23. Damaged signs. Removal, § 20-10. Doors. Obstructing, § 20-11. Electricity. Compliance with Electrical Code, § 20-16. Conductors. Proximity to electrical conductors, § 20-19. Permit required for neon and electric signs, § 20-16. Proximity to electrical conductors, § 20-19. Static electricity, § 20-18. Wiling to be done by licensed electri- cian, § 20-17. Erection. License, § 20-23. Exemptions from operation of chapter, § 20-1. False advertising, § 20-20. Fire escapes. Obstructing fire escapes, § 20-11. Fire hazards. Signs not to create, etc., § 20-7. Height. Minimum height above sidewalks, § 20-13. Indecency, § 20-9. Insurance, § 20-6. Intersections. Obstructing vision at, § 20-8. 256 Supp. #4, 9-72 Index SIGNS AND ADVERTISING STRUCTURES (Cont'd) Legal notices. Exception as to, § 20-12. Licenses. Fee for license, § 10-5. Required to construct or erect signs, § 20-23. Lights. Blinker, beacon and spotlights, § 20- 14. 256. 1 Supp. #4, 9-72 Index SIGNS AND ADVERTISING STRUC- TURES (Cont'd) Maintenance. Requirements generally, § 20-10. Misleading advertising, § 20-20. Neon signs. Permit, § 20-16. Nonconforming signs, § 20-24, Obscenity, § 20-9. Permits. Application, § 20-4. Fees, § 20-5. Neon and electric signs, § 20-16. Required, § 20-3. Permitted signs, § 20-2. Specified signs, § 20-22. Poles. Prohibited on poles, § 20-12. Projections. Maximum, § 20-13. Public liability insurance, § 20-6. Rear of signs. Concealing, § 20-21. Securing, Signs to be firmly secured, § 20-15. Setbacks, Requirements generally, § 20-16. Sidewalks. Height above sidewalks. Minimum, § 20-13. Interference with use of, § 20-7. Prohibited on sidewalks, etc., § 20-12. Specified signs permitted, § 20-22. Spotlights, § 20.14. Static electricity, § 20-18 Streets. Interference with use of, § 20-7. Obstruction of vision at intersec- tions, § 20-8, Traffic hazards. Signs not to create, etc. , § 20-7. Traffic signs or signals. Confusion with, § 20-8. Obstructing vision of, § 20-8. Walls. Prohibited on walls, § 20-12. 257 SIGNS AND ADVERTISING STRUC- TURES (Cont'd) Windows. Obstructing, § 20-11. SIRENS. Use on vehicles, § 12-4. SKATING. Rinks. Licenses. Fees, § 10-5. SNACK BARS. Licenses. Fees, § 10-5. SOCIAL SECURITY. Agreements. Execution by mayor -commis- sioner, § 16-5. Appropriations. By city, § 16-7. City. Appropriations, § 16-7. Payment of contributions, § 16-7. Contributions. By city, § 16-7. Exclusions, § 16-9. Funds. Custodian. Designation, § 16-11. Policy. Statement of policy, § 16-4. Records, § 16-8. Reports, § 16-8. Designation of reporting agent, § 16-11. Social Security Act. Acceptance, § 16-10. Statement of policy, § 16-4. Wages. Withholdings from wages, § 16-6. Withholdings from wages, § 16-6. Designation of withholding and reporting agent, § 16-11. Supp. #7, 5-78 Atlantic Beach City Code SOLICITORS. Acts. Prohibited, § 21-6. Definition of "solicitor," § 21-1. Exceptions from regulations, § 21-7. Fees for investigations, § 21-3. Fingerprinting, § 21-2. Permits, Fee to cover cost when investi- gating applicant, § 21-3. Issuance, § 21-4. Revocation, § 21-5. Prohibited acts, § 21-6. Registration, § 21.-2. SOUTHERN STANDARD BUILDING CODE. Adoption, § 6-8. STABLES. Licenses. Fees, § 10-5. STAGNANT WATER. Nuisances, § 13-1. STATE, Defined, § 1-2, Utility tax. Exemption, § 8-17. STATE LAW. Elections. Governing elections by state. law, char., § 86. STATE MISDEMEANORS, § 14-16. STORAGE WAREHOUSES. Licenses. Fees, § 10-5. STREETS AND SIDEWALKS. Animals and fowl, §§ 4-1, 4-2. See Animals and Fowl. Bottles. Depositing glass bottles on streets, § 22-3. STREETS AND SIDEWALKS (Cont'd Buildings. Generally, §§ 6-1 to 6-17. See Buildings. Definition of "street," § 1-2. Digging up streets. Permit. Public utilities, § 22-4. Public utilities, § 22-4. Restricted, § 22-4. Excavations, § 22-4. Franchises. Granting of franchises, char., § 109. Garbage. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse,. Garbage and Weeds. Glass. Depositing on streets, § 22-3. Loitering in or about, § 14-7. Motor vehicles and traffic, §§ 11-1, 11-2. See Motor Vehicles and Traffic. Mud. Depositing on streets, § 22-3. Nails. Depositing on streets, § 22-3. Noise, §§ 12-1 to 12-10. See Noise. Nisi sanops . 6 13-i Numbering buildings, §§ 6-12 to 6-17. See Buildings. Obstructions, Passage through or upon streets, etc. , § 14-7. Permits, § 22-1. Unlawful to obstruct free passage to persons, etc., on streets, etc., § 22-1. Parades, Permits, § 22-2. Permits. Digging up streets. Public utilities, § 22-4. Obstructing streets and side- walks, § 22-1. Parades and processions, § 22-2. Processions. Permits, § 22-2. 258 Supp. #7, 5-78 •Index STREETS AND SIDEWALKS (Cont'd) Public utilities. Digging up streets, § 22-4. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. Signs and advertising structures, §§ 20-1 to 20-24. See Signs and Advertising Structures Solicitors, §§ 21-1 to 21-7. See Solicitors. Street. Defined, § 1-2. Subdivisions, §§ 23-1 to 23-11. See Subdivisions. Suits against city. Procedure, char., § 160. Weeds. Refuse, garbage and weeds, §§ 18-1 to 18-15. See Refuse, Garbage and Weeds. Zoning, §§ 28-1 to 28-22; char. , §§ 127 to 147. See Zoning. STRUCTURES. Buildings generally, §§ 6-1 to 6-17. See Buildings. SUBDIVISIONS. Acceptance of streets and drainage, § 23-7. Alleys. Standards of design, § 23-5. Blocks. Standards of design, § 23-5. Buildings. Building lines, § 23-5. Canals. Easements along, § 23-5. Compliance with chapter, § 23-10. Definitions, § 23-1. Designs. Standards of design, § 23-5. Drainage. Acceptance of streets and drainage, § 23-7. 259 SUBDIVISIONS (Cont'd) Drainage (Cont'd) Minimum required street and drainage improvements, § 23-6. Easements. Standards of design, § 23-5. Exceptions to chapter, § 23-9. Final plats, § 23-4. Improvements. Form of application for plat approval and agreement as to streets, § 23-11. Minimum required street and drainage improvements, § 23-6. Lines. Building lines, § 23-5. Lots. Standards of design, § 23-5. Parks. Sites for, § 23-5. Plats. Application for plat approval. Form of, § 23-11. Final plats, § 23-4. Preliminary plats, § 23-3. Preliminary plats, § 23-3. Purpose of chapter, § 23-2. Schools. Sites for, § 23-5. Sewer facilities. Required sewer facilities, § 23-8. Sites for parks, schools, etc. , § 23-5. Standards of design, § 23-5. Streams. Easements along, § 23-5. Streets. Acceptance of streets and drainage, § 23-7. Agreement as to streets. Form of application for, § 23-11. Minimum required street and drainage improvements, § 23-6. Standard. of design, § 23-5. Variations and exceptions to chapter, § 23-9. Atlantic Beach City Code SUBDIVISIONS (Cont'd) Water supply. Application for service in new sub- divisions, § 27-21. Costs of pipes, etc. , to be paid by developer, § 27-21. Facilities. Required water facilities, § 23-8. Zoning, §§ 28-1 to 28-22. See Zoning. SUITS. Against city. Procedure, char., § 160. SUPPLIES. Purchases, §§ 8-4 to 8-10. See Purchases. SUPPLIES SHOP. Licenses. Fees, § 10-5. SURGEONS. Licenses. Fees, § 10-5. SWIMMING POOLS. Accessory building. `vVatai bulid.Le of family pool, § 24-2. Buildings. Accessory buildings. Water surface of family pool, § 24-2. Code. Enclosed or roofed pools to comply with, § 24-4. Foundations. Setback of pools from, § 24-3. Enclosed pools. Compliance with Building Code and zoning regulations, § 24-4. Fences, § 24-1. Permits, § 24-5. Plumbing. Compliance with regulations, § 24-5. SWIMMING POOLS (Cont'd) Plumbing (Cont'd) Permit. Required, § 24-5. Property lines. Setback from, § 24-3. Roofed pools. Compliance with Building Code and zoning regulations, § 24-4. Setbacks. Pools from property lines and building foundations, § 24-3. Waste water. Disposal of, § 24-7. Water supply, § 24-6. Zoning. Enclosed or roofed pools to comply with regulations, § 24-4. T TAXA TION. Assessments. Adopting Jacksonville assessments, § 8-2. Bills. See within this title, "Bills." Board of assessment review. Appeal to courts, char. , § 115. Appointment of members, char. , § 111. Composition, char. , § 111. Duties, char. , § 113, Filling vacancies, char. , § 111. Hearings. Holding public hearing, char. , § 114. Members holding elected offices, char., § 112. Powers, char. , § 113. Qualifications of members, char. , § 112. Term of members, char. , § 111. Vacancies. Filling, char. , § 111. Duties of city tax assessor, char. , § 33. Fallout shelters, § 8-3. 260 Index TAXATION (Cont'd) Assessments (Cont'd) Lien upon property, char. , § 122. Method of, char. , § 110. Roll. Bond of city treasurer, char. , § 116. Extending tax for current year on assessment roll, char. , § 117. Notice by publication, char. , § 121. Assessor. Adopting Jacksonville assessments in assessing city property, § 8-2. Appointment, char. , § 33. Control of city commission, char. , § 33. Direction of city commission, char. , § 33. Duties, char. , § 33. Salary, char., § 33. Term of office, char. , § 33. Bills. Delivery, char. , § 118. Description, char. , § 120. Preparation, char. , § 118. Cigarette tax. Amount, § 8-11. Collection, § 8-12. Disposition of revenue, § 8-13. Disposition of revenue, § 8-13. Imposition, § 8-11. City tax assessor. See within this title, "Assessor." Collection. Duties of treasurer, char. , § 34. General provisions, char. , § 124. Manner of generally, char. , § 124. Warrants. Issuance of distress warrants, char., § 123. Discounts allowed on payment, char. , § 121. Extending tax for current year on assessment roll, char. , § 117. Interest. Unpaid taxes, char., § 121. Licenses, §§ 10-1 to 10-5. See Licenses. 261 TAXATION (Cont'd) Lien upon property, char. , § 122. Payment. Delinquent installments, char. , § 119. Enforcement of unpaid taxes, char. , § 121. Discounts, char., § 121. Enforcement of unpaid taxes, char. , § 121. Lien upon property, char. , § 122. Previous years taxes first, char. , § 119. Unpaid taxes. Interest, char. , '§ 121. Warrants. Issuance of distress warrants, char. , § 123. When due and payable, char. , § 121. Property. Subject to tax, char. , § 110. Utility tax. Amount, § 8-14. Applicable to certain services, § 8-14. Churches. Exemptions, § 8-17. Collection. Failure to collect tax, § 8-15. Seller, § 8-15. Discontinuing service. Nonpayment of tax, § 8-15. Exemptions. Churches, § 8-17. Governmental agencies, § 8-17. Governmental agencies. Exemption, § 8-17. Imposed, § 8-14. Payment. Making to seller, § 8-14. Nonpayment of tax. Authority of seller to discontinue service, § 8-15. Purchase deemed made within city, § 8-18. Seller. Collection, § 8-15. Discontinuing service upon nonpay- ment of tax, § 8-15. Atlantic Beach City Code TAXATION (Cont'd) Utility tax (Cont'd) Seller (Cont'd) Payments, § 8-14. City, § 8-15. Records. Inspection of records by city agents, § 8-16. Keeping, § 8-16. Services to which applicable, § 8-14. Within city. Purchase deemed made within city, § 8-18. Warrants. Issuance of distress warrants for payment, char. , § 123. TAXICABS. Fingerprinting drivers., § 14-15. Licenses. Fees, § 10-5. Noise. Obtaining passengers for cabs, etc. , § 12-3. Photographing drivers, § 14,-15. Registration of drivers, § 14-15. TELEPHONES. Companies. Licenses. Fees, § 10-5. TELEVISION. Repair shop. Licenses. Fees, § 10-5. TENANT. Defined, § 1-2. TERRITORIAL BOUNDARIES OF CITY, char. , § 2 . THEATERS. Licenses. Fees, § 10-5. TIME. Computation of time, § 1-2. Defined, § 1-2. Month. Defined, § 1-2. TOBACCO. Cigarette tax, §§ 8-11 to 8-13. See Taxation. TOWN OF ATLANTIC BEACH. Abolished, char. , § 1. Property. Title to property reserved to new municipality, char., § 174. TRAFFIC. Motor vehicles and traffic, §§ 11-1, 11-2. See Motor Vehicles and Traffic. TRAILERS AND TRAILER PARKS. Area of park or camp, § 26-2. Definitions, § 26-1. Electricity, § 26-2. Licenses. Fees, § 10-5. Issuance. Discretion of city commission, § 26-3. Prerequisites to, § 26-4. Minimum requirements, § 26-2. Numbering spaces, § 26-2. Plumbing, § 26-2. Requirements. Minimum requirements, § 26-2. Setbacks for trailers, § 26-2. Streets, § 26-2. Water supply, § 26-2. TREASURER. Appointment, char. , § 34. Combining office with other offices, char. , § 34. Control of city commission, char. , § 34. Depositing funds in banks or depository, char. , § 34. 262 Index WATER SUPPLY (Cont'd) Meters (Cont'd) Reading. Right of city employees, § 27-5. Serving more than one property through same meter, § 27-18. Testing, § 27-7. Adjustment of bills, § 27-7. Liability for cost, § 27-7. Permits. Consumer to grant city certain rights, easements, permits, etc, § 27-5. Pipes. Costs in subdivisions to be paid by developer, § 27-21. Examining. Right of city employees, § 27-5. Plumbing„ Approval prior to connection with water system, § 27-19. Generally, H 17-1 to 17-14. See Plumbing. Private water system. Connection to city system, § 27-16. Prohibited acts, § 27-17. Restricting use of water, § 27-20. Rights. Consumer to grant city certain rights, § 27-5. Sewers and sewage disposal, §§ 19-1 to 19-16, See Sewers and Sewage Disposal. 264.1 Supp. #7, 5-78 Index WATER SUPPLY (Cont'd) Stagnant water. Nuisances, § 13-1. Subdivisions. See Subdivisions. Swimming pools, §§ 24-1 to 24-7. See Swimming Pools. Temporary service, § 27-4. Trailers and trailer parks, § 26-2. Type of service. Determination for each consumer, § 27-10. Use restrictions, § 27-20. Vacant houses. Allowances for, § 27-8. WEAPONS. Discharging, § 14-17. Police department. Dangerous weapons search, § 14-14. WEEDS. See Refuse, Garbage and Weeds. WELDING SHOPS. Licenses. Fees, § 10-5. WHISTLES. Noise, §§ 12-1 to 12-10. See Noise. Use on vehicles, § 12-4. WINE. See Alcoholic Beverages. WOOD. Licenses. Fees, § 10-5. WORK PROGRAMS. Allotments of appropriations for departments, etc. , char. , § 64. Submitting to city manager by heads of departments, etc. , char. , § 64. WRECKER SERVICE. Licenses. Fees, § 10-5. 265 WRITING. Defined, § 1-2. Y YEAR. Fiscal year, § 8-1; char. , § 41. Z ZONING. AA (BAA) districts. Buildings. Limits, § 28-13. Uses. Permitted uses, § 28-13. Prohibited uses, § 28-13. AA (RAA) single-family districts. Area. Building site required, § 28-6. Buildings. Accessory buildings, § 28-6. Height limit, § 28-6. Site area required, § 28-6 . Height. Building height limit, § 28-6. Lots. Minimum lot coverage, § 28-6. Uses. Permitted uses, § 28-6. Yards, § 28-6. A (BA) districts. Parking. Off-street parking, § 28-14. Uses. Permitted uses, § 28-14. Prohibited uses, § 28-14. Yards, § 28-14. Accessory buildings. See within this title, "Buildings . " AC (RAC) districts. Accessory buildings, § 28-9. Supp. #5, 12-74 Atlantic Beach City Code ZONING (Cont'd) AC (RAC) districts (Cont'd) Buildings. Accessory buildings, § 28-9. Height limits, § 28-9. Height. Building height limit, § 28-9. Lots. Minimum lot coverage, § 28-9. Uses. Permitted uses, § 28-9. Yards, § 28-9. A-1 (BA -1) districts. Buildings. Restriction line, § 28-15. Parking. Off-street parking, § 28-15. Uses. Permitted uses, § 28-15. Prohibited uses, § 28-15. A-1 (RA -1) single-family districts. Accessory buildings, § 28-7. Area. Building site area required, § 28-7. Buildings. Accessory buildings, § 28-7. Height requirements, § 28-7. Site area required, § 28-7. Height. Building height, § 28-7. Lots. Minimum lot coverage, § 28-7 Uses. Permitted uses, § 28-7. Yards, § 28-7. Amendments, char. , § 131. Procedure, char., § 130. Protest, char. , § 131. A (RA) single-family districts. Accessory buildings, § 28-8. Area. Building site area required, § 28-8. Buildings. Accessory buildings, § 28-8. • ZONING (Cont'd) A (RA) single-family districts (Cont'd) Lot, Minimum lot coverage, § 28-8, Uses. Permitted uses, § 28-8. Yards, § 28-8. Area. Building site area required. AA (RAA) single-family districts, § 28-6. A-1 (RA -1) single-family districts, § 28-7. A (RA) single-family districts, § 28- 8. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D (RD) districts, § 28-12, Reduction, § 28-5. Authority of city. Generally, char. , § 127. Basements. Temporary residences, § 28-5, B (BB) districts. Parking. Off-street parking, § 28-16. Uses. Permitted uses, § 28-16. Prohibited uses, § 28-16. Yards, § 28-16. Board of adjustment, § 28-18. Appeals to, char., § 136. Hearings, char., § 138. Notice of hearing, char. , § 138. Stay of proceedings, char. § 137. Appointment of members, char. , §§ 133, 134. Authority, char. , § 133. Composition, char. , § 134. Decisions. Aggrieved persons. Court. Costs, char. , § 145. Decision of court, char. ,§ 141. Filing petition with court, char. , § 141. Taking evidence or appointing referee, char. , § 144. 266 Supp. #5, 12-74 Index ZONING (Cont'd) Board of adjustment (Cont'd) Decisions (Cont'd) Aggrieved persons (Cont'd) Petitions. Presenting to court of record, char., § 141. Return of writ, char . , § 143. Writ of certiorari, char., § 142. Determinations of board, char., § 140. Powers generally, char., § 140. Vote of members necessary to reverse order, etc., char., § 140. Filling vacancies, char . , § 134. Powers, char., § 139. Proceedings of board, char., § 135. Removal of members, char . , § 134. Special exceptions, char., § 133. Vacancies, char., § 134. B (RB) districts. Accessory buildirrgs , § 28-10. Area. Building site required, § 28-10. Buildings. Accessory buildings, § 28-10. Height limit, § 28-10. Site area required, § 28-10. Height. Building height limit, § 28-10. Lots. Minimum lot coverage, § 28-10. Uses, Permitted uses, § 28-10. Yards, § 28-10. Buildings. Accessory buildings, § 28-5. AA (RAA) single-family districts, § 28-6.. AC (RAC) districts, § 28-9. A-1 (RA -1) single-family districts, § 28-7.. A (RA) single-family districts, § 28-8, B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. Temporary residence, § 28-5. 267 ZONING (Cont'd) Buildings (Cont'd) Approval of business and industrial structures by city commission, § 28-21. Authority of city to regulate, char . , § 127. Building height limit. A-1 (RA -1) single-family districts, § 28-7. Compliance with provisions of chapter, § 28-5. Flood hazard districts. See Flood Hazard Districts. Height limit. AA (RAA) single-family districts, § 28-6. AC (RAC) districts, § 28-9. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. Generally, § 28-5. Limitations. AA (BAA) districts, § 28-13. Location and use. Authority of city to regulate, char., § 127. Loss of buildings by fire. Restoration, § 28-5. Proximity of duplicate or similar homes, § 28-5, Restoration of buildings destroyed by fire, § 28-5. Restriction line, A-1 (BA -1) districts, § 28-15. Secondary dwellings, § 28-5. Site area required. AA (RAA) single-family districts, § 28-6. A (RA) single-family districts, § 28-8. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. Stairs. Outside stairs, § 28-5. Temporary residences, § 28-5. Unsafe buildings, § 28-5. Business districts. See within this title, "Districts." Supp. #6, 12-76 Atlantic Beach City Code ZONING (Cont'd) Business structures. Approval by city commission, § 28-21. Changing regulations, char . , § 131. Protest, char., § 131. Chapter deemed minimum stan- dards, § 28-19. Commission. See within this title, "Zoning commission." Conflict with other laws, covenants, etc., § 28-20. Courts. General regulations, § 28-5. Reducing lots or plots in area, § 28-5. C-1 (RC -1) districts. Buildings. Three or more living units. Consideration of plans, § 28- 11.1. Permitted uses, § 28-11.1. C (RC) districts. Accessory buildings, § 28-11. Area. Building site area required, § 28-11.. Buildings. Aett55oi y buildings , Height limits, § 28-11. Site area required, § 28-11. Three or more living units. Consideration of plans, § 28-11.1. Height Building height limit, § 28-11. Lots .. Minimum lot coverage, § 28-11. Uses.. Permitted uses, § 28-11. Yards, § 28-11. Definitions, § 28-1. Density of living units. D-1 (RD -1) districts, § 28-12.1. Density of population. Authority of city to regulate, char., § 127. Determining procedure. By city, char., § 130. ZONING (Cont'd) Districts. Boundaries. Determining by city, char., § 130. Effective date, char . , § 130. Hearings, char . , § 130. Interpretation, § 28-4. Map. Adoption of zoning map, § 28-3. Business AA (BAA) districts. See within this title, "AA (BAA) districts." Business A (BA) districts. See within this title, "A (BA) districts." Business A-1 (BA -1) districts. See within this title, "A-1 (BA -1) districts." Business B (BB) districts. See within this title, "B (BB) districts." Business districts. General provisions applicable in business districts, § 28-5. Designated, § 28-2. Division of city into districts, § 28-2; char., § 128. Enumerated, § 28-2. industrial (1A) districts. See within this title, "Industrial (IA) districts." Residence AA (RAA) single-family districts. See within this title, "AA (RAA) single- family districts." Residence AC (RAC) districts. See within this title, "AC (RAC) districts." Residence A-1 (RA -1) single- family districts. See with- in this title, "A-1 (RA -1) single-family districts." Residence A (RA) single-family districts. See within this title, "A (RA) single-family districts." 268 Supp. #6, 12-76 Index ZONING (Cont'd) Districts (Cont'd) Residence B (RB) districts. See within this title , "B (RB) districts." Residence C (RC) districts. See within this title, "C (RC) districts." Residence districts . General provisions applicable to residence districts, § 28-5. Residence D (RD) districts . See within this title, "D (RD) districts." D-1 (RD -1) districts . Buildings . Accessory buildings, § 28-12.1. Height limits, § 28-12.1. Site area required, § 28-12.1. Three or more living units Consideration of plans , § 28- 12.1. Density , § 28-12.1. Garbage collection, § 28-12.1. Height . Building height limits, § 28-12.1. Lots Minimum lot coverage, § 28-12.1, Off-street parking, § 28-12.1. Permitted uses, § 28-12.1. Uses, Permitted uses , § 28-12.1. Yards, § 28-12.1. D (RD) districts . Area. Building site area required, § 28-12> Buildings . Accessory buildings, § 28-12. Height limits, § 28-12. Site area required, § 28-12. Three or more living units . Consideration of plans, § 28-12.1. Height . Building height limits, § 28-12. Lots . Minimum lot coverage, § 28-12. Off-street parking, § 28-12. 269 ZONING (Cont'd) D (RD) districts (Cont'd) Uses . Permitted uses , § 28-12 . Yards, § 28-12. Enforcement of ordinances and regulations, char., § 146. Fences. General provisions, § 28-5. Flood hazard districts . See Flood Hazard Districts . Front yards . See within this title, "Yards." Garbage collection . D-1 (RD -1) districts, § 28-12.1. Hearings . Appeals to board of adjustment, char., §§ 136 to 138. Publication of notice , char . , § 130. Public hearing, char. , § 130. Height . Building height limit . AA (RAA) single-family districts , § 28-6. AC (RAC) districts, § 28-9. A-1 (RA -1) single-family dis- tricts, § 28-7. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D (RD) districts , § 28-12 . Generally , § 28-5. Industrial (IA) districts. Parking . Off-street parking, § 28-17. Uses . Permitted uses , § 28-17. Prohibited uses , § 28-17. Industrial structures Approval by city commission , § 28-21. Intersections . Traffic visibility, § 28-5. Land. Authority of city to regulate use , char., § 127. Liability for violations , § 28-22 . Loss of buildings , etc . , by fires . Restoration, § 28-5. Supp . #6 , 12-76 Atlantic Beach City Code ZONING (Cont'd) Lots. Minimum lot coverage. AA (RAA) single-family dis- tricts, § 28-6. AC (RAC) districts, § 28-9. A-1 (RA -1) single-family dis- tricts, § 28-7. A (RA) single-family districts, § 28-8. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. Reducing in area, § 28-5. Map. Adoption of zoning map, § 28-3. Minimum standards. Chapter deemed minimum stan- dards, § 28-19. Nonconforming uses. See within this title, "Uses." Off-street parking. See within this title, "Parking." Open spaces. Minimum, § 28-5. Ordinances. Enforcement, char . , § 146. Parking. In tront of businesses. AA (BAA) districts, § 28-13. Off-street parking. A (BA) districts, § 28-14. A-1 (BA -1) districts, § 28-15. B (BB) districts, § 28-16. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. General . provisions, § 28-5. Industrial (IA) districts, § 28- 17. Penalties for violation, char . , § 146. Planned unit developments (PUD) . Advisory planning board. Consideration of application, § 28-17.1. Applications. Data to accompany, § 28-17.1. ZONING (Cont'd) Planned unit developments (PUD) (Cont'd) Applications (Cont'd) Permissive, § 28-17.1. Sponsor, § 28-17.1. C-1 (RC -1) districts. Buildings with three or more living units, § 28-11.1. Consideration. Advisory planning board, § 28- 17.1. C (RC) districts. Buildings with three or more living units, § 28-11. Criteria. Principles of, § 28-17.1. D-1 (RD -1) districts. Buildings with three or more living units, § 28-12.1. D (RD) districts. Buildings with three or more living units, § 28-12. Intent, § 28-17.1. Purpose, § 28-17.1. Uses. Permitted uses, § 28-17.1. Plans and specifications. Approval of business and indus- iritai 5irueiure5 uy uiiy mission, § 28-21. Procedure. Providing by city, char., § 130, Protest against charges, char., § 131. Publication of notice of change re- quired, char., § 131. Vote required to effect change over protest, char., § 131. Publication. Hearings, char . , § 130. Public utilities, § 28-5. Purpose of regulations, char., § 129. Real estate signs, § 28-5. Rear . yards. See within this title, "Yards." 270 Supp. #6, 12-76 Index ZONING (Cont'd) Regulations. Enforcement, char . , § 146. Repealing regulations, char. , § 131. Protest, char. , § 131. Residence C-1 (RC -1) districts. See within this title, "C-1 (RC -1) districts." Residence districts. See within this title, "Districts." Seawalls. General provisions, § 28-5. Side yards. See within this title, "Yards." Signs. Real estate signs, § 28-5 Special exceptions. By board of adjustment, char., § 133. Stairs. Outside stairs. On buildings, etc., § 28-5. Standards. Chapter deemed minimum stan- dards, § 28-19. Stay of proceedings. Appeals stay all proceedings, char., § 137. Structures. Authority of city to regulate loca- tion and use, char., § 127. Subdivisions, §§ 23-1 to 23-11. See Subdivisions. Supplementing regulations, char., § 131. Procedure, char., § 130. Protest, char., § 131. Temporary residences, § 28-5. Tents, § 28-5. Traffic. Visibility across streets, § 28-5. Trailers, § 28-5. Unsafe buildings, § 28-5 Uses. Authority of city to regulate use of buildings, etc . , char . , § 127. Nonconforming uses, § 28-5. 271 ZONING (Cont'd) Uses (Cont'd) Permitted uses. AA (BAA) districts, § 28-13. AA (RAA) single-family dis- tricts, § 28-6. A (BA) districts, § 28-14. AC (RAC) districts, § 28-9, A-1 (BA -1) districts, § 28-15. A-1 (RA -1) single-family dis- tricts, § 28-7. A (RA) single-family districts, § 28-8. B (BB) districts, § 28-16. B (RB) districts, § 28-10, C-1 (RC -1) districts, § 28-11.1. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. Industrial (IA) districts, § 28- 17. Planned unit developments, § 28-17.1. Prohibited uses. AA (BAA) districts, § 28-13. A (BA) districts, § 28-14. A-1 (BA -1) districts, § 28-15. B (BB) districts, § 28-16. Industrial (IA) districts, § 28- 17. Violations. Instituting legal proceedings in addition to other remedies, char., § 147. Legal proceedings may be insti- tuted in addition to other remedies, char., § 147. Liability for violations, § 28-22. Penalties, char., § 146. Walls. General provisions, § 28-5. Water. Authority of city to regulate use, char., § 127. Yards. AA (RAA) single-family districts, § 28-6. A (BA) districts, § 28-14. Supp. #5, 12-74 Atlantic Beach City Code ZONING (Cont'd) Yards (Cont'd) AC (RAC) districts, § 28-9. A-1 (RA -1) single-family dis- tricts, § 28-7. A (RA) single-family districts, § 28-8. B (BB) districts, § 28-16. B (RB) districts, § 28-10. C (RC) districts, § 28-11. D-1 (RD -1) districts, § 28-12.1. D (RD) districts, § 28-12. General regulations, § 28-5. Reducing lots or plots in area, § 28-5. Zoning commission. Appointment of members, char . , § 132. Designated, char., § 132. Duties, char., § 132. Hearings on, char . , § 132. Reports, char . , § 132. 272 Supp. #5, 12-74