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Charter & Genl Ord 1969 thru Supp #8 10-79 Part 1 of 2THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA The Charter and The General Ordinances PUBLISHED BY ORDER OF THE CITY COMMISSION Michie City Publications Company Charlottesville, Virginia 1969 PREFACE This volume, as originally published, constituted the first revision and codifica- tion of the general ordinances of the City of Atlantic Beach, Florida. It contained the Charter and such of the ordinances of a general and permanent nature passed on or before August 1, 1969, as were found desirable for retention, except those express- ly saved from repeal by the Adopting Ordinance. This Code, as now supplemented, contains ordinances through the date shown on the instruction sheet for the supplemental pages. The ordinances were codified, edited and indexed by the Editorial Staff of Michie City Publications Company under the supervision of Chas. W. Sublett and Stephen C. Willard. The publishers wish to express their appreciation for the cooperation of all the city officials and employees during the preparation of this publication. Particular acknowledgment is due Mr. Oliver C. Ball, City Attorney, Mr. R. C. Vogel, City Manager, and Mrs. Adele S. Grage, City Clerk, for their assistance during the pro- gress of the work. A feature to which the attention of the user is directed is the arrangement of the chapters in alphabetical order. Attention is also directed to the analysis preceding each chapter which, in many instances, will serve as an index within itself. The general index, carried at the end of the Code, has been carefully,prepared and should serve as an accurate medium for locating the individual sections of law within the Code. In the footnotes appearing throughout the Code will be found references to the Charter and the applicable and related provisions of the state law. These notes also contain cross references to other and related provisions in the City Code. By refer- ence to the historical citations, appearing at the end of each section, the user will be able to ascertain the ordinance from which the present section has been derived. The absence of a citation indicates new material becoming effective on the effective date of this Code. It is a recognized fact that if any Code is to accomplish its intended purpose it must be kept up to date by means of an adequate supplemental service. Accordingly, the publishers point out the advisability and necessity of keeping this Code current. The new City Code is presented to the officials and citizens of the City of Atlantic Beach, Florida, in the belief that it will merit their approval. Michie City Publications Company Charlottesville, Virginia Supp. #1, 5-70 ADOPTION OF CODE ORDINANCE N0. 47-70-1 AN ORDINANCE ADOPTING A REVISION AND CODIFICA- TION OF THE ORDINANCES OF THE CITY OF ATLANTIC BEACH, ENTITLED "THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, " PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. There is hereby adopted by the City Commission that certain Code entitled "The Code of the City of Atlantic Beach, Florida," containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 28, both inclusive, of which Code at least one copy has been and is now filed in the office of the City Clerk, and shall there remain for pub- lic use and inspection. SECTION 2. The provisions of such Code shall be in force on and after January 27, 1970, and all ordinances of a general and permanent nature adopted on final reading and passage on or before August 1, 1969, and not contained in such Code are hereby repealed from and after January 27, 1970, except as hereinafter provided. SECTION 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture in- curred or any contract or right established or accruing before January 27, 1970; nor shall it affect any prosecution, suit or proceeding pending or any judgment ren- dered prior to January 27, 1970; nor shall such repeal affect any ordinance or reso- lution promising or guaranteeing payment of money for the City or authorizing the issue .of any bonds of ,the City or any evidence of the City's indebtedness or any con- tract or obligation assumed by the City; nor shall it affect any annual tax levy, appro- priation or budget; nor shall it affect any right or franchise conferred by ordinance or resolution of the City Commission on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any ordinance amending the zoning map; nor shall it affect any ordinance adopted on final reading and passage after August 1, 1969. SECTION 4. Whenever in the Code adopted by this ordinance or in any other ordinance or resolution of the City or in any rule, regulation or order promulgated by any officer or agency of the City under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful Supp. #1, 5-70 Atlantic Beach City Code or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance or resolution of the City or such rule, regulation or order shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding ninety days, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of such Code or any other ordinance or resolution of the City or such rule, regulation or order shall continue shall constitute a separate offense. SECTION 5. It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, para- graph or section of this ordinance or the Code hereby adopted shall be declared un- constitutional or otherwise invalid by the valid judgment or decree of a court of com- petent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted. Passed by the City Commission on first reading on January 12, 1970. Passed by the City Commission on second and final reading on January 26, 1970. SEAL Attest: /s/ Adele S. Grage City Clerk Supp. #1, 5-70 TABLE OF CONTENTS PART I. Page The Charter 1 PART II. THE CODE. Chapter 1. General Provisions 55 2. Administration 59 3. Alcoholic Beverages 67 4. Animals and Fowl 71 5. Beaches 75 6. Buildings 77 7. Electricity 87 8. Finance and Taxation 91 9. Fire Protection 99 9.1. Flood Hazard Districts 106.1 10. Licenses 107 11. Motor Vehicles and Traffic 117 12. Noise 121 13. Nuisances ................................. 125 14. Offenses --Miscellaneous 129 15. Parks and Recreation 137 16. Personnel 139 17. Plumbing 143 18. Refuse, Garbage and Weeds 147 19. Sewers and Sewage Disposal 155 20. Signs and Advertising Structures 161 21. Solicitors 171 22. Streets and Sidewalks 175 23. Subdivision of Land 177 24. Swimming Pools 185 25. Taxicabs 187 Supp. #7, 5-78 Atlantic Beach City Code Chapter Page 26. Trailers and Trailer Parks 189 26.1. Trees 190.1 27. Water Supply 191 28. Zoning 199 Index 221 PART I, THE CHARTER, Editor's note. --Set out herein is the Charter of the City of Atlantic Beach, being chapter 57- 1126 of the 1957 Special Acts of Florida, as amended, approved by the voters of the city on July 23, 1957. Amendments are indicated by historical citations in parentheses follow- ing each amended section. A uniform system of capitalization has been employed and a frontal analysis has been added for the con- venience of the user. Otherwise, the Charter is set out herein as adopted and amended by the Florida Legislature. In addition to the Charter set out herein, the city commission is authorized by chapter 61-1864 of the 1961 Special Acts of Florida, to appro- priate sums not exceeding five hundred dollars annually to the U. S. O. Article I. Incorporation. Form of Government. Powers. § 1. Present municipal corporation of town of Atlantic Beach abolished. § 2. Incorporation of City of Atlantic Beach. § 3. Form of government. § 4. General powers. Article II. The Commission. § 5. Number; selection; term. § 6. Qualifications and disqualifications. § 7. Salary. § 8. Presiding officer: Mayor. § 9. Powers. § 10. Appointment of city manager. § 11. Removal of city manager. § 12. Vacancies in the city commission. § 13. Creation of new departments or offices; change of duties. § 14. Induction of city commission into office; meetings of the city commission. § 15. City commission to be judge of qualifications of its members. § 16. Rules of procedure; journal of minutes. § 17. Ordinances. § 18. Procedure for passage of ordinances; first reading. § 19. Second reading; public hearing; further consideration; final passage. § 20. Further consideration; final passage. § 21. Publication of ordinances after final passage; permissive referendum. § 22. Exception as to newspaper publication of ordinances. § 23. Emergency ordinances. § 24. Independent annual audit. 1 10-79 Atlantic Beach City Code Article III. The City Manager. § 25. Qualifications. § 26. Powers and duties. § 27. Absence of the city manager. § 28. Administrative departments. § 29. Directors of departments. § 30. Departmental divisions. Article IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor . § 31. City clerk. § 32. City comptroller . § 33. City tax assessor . § 34. City treasurer. Article V. Department of Public Safety. § 35. Created; director of public safety; divisions established. § 36. Chief publicsafety officer to head police division. § 37. Duties and authority generally of chief public safety officer. § 38. Powers and authority of chief public safety officer and deputies. § 39. Chief public safety officer to head fire division. § 40. Additional duties and authority of chief public safety officer; chief public safety officer to head fire division. § 40.1. Life guard division. Article VI. Budget. § 41. Fiscal year. § 42. Preparation and submission of budget. § 43. Budget a public record. § 4" , Publication of HOLice of public hearing. § 45. Public hearing on budget. § 46. Further consideration of budget. § 47. Balance of budget. § 48. Vote required for adoption. § 49. Date of final adoption; failure to adopt. § 50. Effective date of budget; certification; copies made available. § 51. Budget establishes appropriations. § 52. Budget establishes amount to be raised by property tax; certification to taxing authority. § 53. Budget message; current operations. § 54. Budget message; capital improvements. § 55. Budget message; capital program. § 56. Budget message; supporting schedule. § 57. Budget. § 58. Anticipated revenues. § 59. Anticipated revenues compared with other years. § 60. Surplus. § 61. Proposed expenditures; comparison with other years. 2 10-79 The Charter § 62. Budget summary. Article VII. Department of Finance. § 63. Director of finance; appointment. § 64. Work programs; allotments. § 65. Allotments constitute basis of expenditures and are subject to revision. § 66. Transfers of appropriations. § 67. When contracts and expenditures prohibited. § 68. Appropriations lapse at end of year. § 69. Fees shall be paid to city government. § 70. Division of purchases. § 71. Competitive bidding. § 72. Contracts for city improvements. § 73. Accounting control of purchases. § 74. No contract executed until bond ordinance effective. § 75. Emergency appropriations. § 76. Temporary borrowing. Article VIII. Department of Personnel. § 77. Establishment. Article IX. Elections. § 78. Elections. § 79. Electors. § 80. Registration of voters. § 81. Nominations. §. 82. Elections: Primary. § 83. Elections: General. § 84. Elections: Writing in of candidates. § 85. Absentee voting. § 86. Elections: Governed by state law or ordinance. § 87. Elections: Canvass of returns. Article X. Initiative and Referendum. § 88. _ Power of initiative. § 89. Power of referendum. § 90. Form of petitions; committee -of petitioners. § 91. Filing, examination and certification of petitions. § 92. Amendment of petitions. § 93. Effect of certification of referendum petition. § 94. Consideration by commission. § 95. Submission to electors. § 96. Form of ballot for initiated and referred ordinances. § 97. Availability of list of qualified electors. § 98. Results of election. § 99. Repealing ordinances; posting. Atlantic Beach City Code Article XI. Recall. § 100. Recall petition. § 101. Notice. § 102. Recall election. § 103. Ballots. § 104. Filling of vacancies. § 105. Counting the vote. § 106. Effect of resignation. § 107. Miscellaneous provisions. § 108. Offenses relating to petitions. Article XII. Franchises. § 109. Granting of franchises. Article XIII. Tax Administration. § 110. Property subject to tax; method of assessment. § 111. Board of assessment review: Appointment; vacancies. § 112. Board of assessment review: Qualifications. § 113. Board of assessment review: Powers and duties. § 114. Public hearings on complaints, § 115. Appeal to courts. § 116. City treasurer's bond. § 117. Extension of tax for current year on assessment roll. § 118. Preparation and delivery of tax bills. § 119. Delinquent installments. § 120. Description of tax bill. § 121 Taxes: When payable. § 122. Constitute a lien. § 123. May issue distress warrants. § 124. Collection of taxes. § 125. Licenses. § 126. Period covered by licenses. Article XIV. , Zoning. § 127. The city may regulate building, density of population, and the location and use of buildings, structures and land and water. § 128. Division of city into districts for purposes of regulation. § 129. Purposes in view in making regulations. § 130. City to provide procedure; regulation, restriction or boundary not effective until after public hearing thereon; publication of notice of hearing required. § 131. Regulation, restriction and boundary subject to change or repeal; protest of change; vote required to effect change over protest; publication of notice of change required. § 132. Zoning commission. 4 The Charter § 133. Board of adjustment. § 134. Members of board of adjustment. § 135. Proceedings of board of adjustment. § 136. Appeals. § 137. Stay of proceedings. § 138. Hearing of appeal; notice required. § 139. Powers of board of adjustment. § 140. Decision of board. § 141. Petition may be presented to a court of record within thirty days after filing of decision of board setting forth illegality. § 142. Writ of certiorari. § 143. Return of writ. § 144. Decision of the court; it may take evidence or appoint a referee. § 145. Costs. § 146. Enforcement of ordinance or regulations under this article; penalties for violation. § 147. Legal proceedings may be instituted in addition to other remedies provided for violation of article. Article XV. Issuance of Bonds. § 148. General obligation bonds. § 149. Revenue bonds and certificates. § 150. Combination general obligation and revenue bonds. Article XVI. Municipal Court and Department of Law. § 151. Municipal court. § 152. Sickness, absence or disqualification of municipal judge. § 153. Powers. § 154. Disposition of moneys collected as fines. § 155. Remission of fines and penalties. § 156. City prosecutor: Powers and duties. § 157. Executive officer of the court. § 158. City attorney: Appointment and qualifications. § 159. Salaries of court officials and city attorney. Article XVII. Suits Against the City. § 160. Suits. Article XVIII. General and Miscellaneous Provisions. § 161. Removal of officers and employees. § 162. Removal of members of boards, commissions, or agencies. § 163. Right of city manager and other officers in commission. § 164. Investigations. § 165. Publicity of records. § 166. Personal interest. § 167. Official bonds. § 1 Atlantic Beach City Code § 2 § 168. Oath of office. § 169. Effect of this Charter on existing law. § 170. Publishing. § 171. Rights of officers and employees preserved. § 172. Continuance of present officers. § 173. Transfer of records and property. § 174. Title to property reserved to new municipality. § 175. Continuity of offices, boards, commissions or agencies. § 176. Continuance of contracts, and public improvements, § 177. Pending actions and proceedings. § 178. Existing ordinances. § 179. Short title. § 180. Separability, clause. § 181. Charter election. Article XIX. When Act Takes Effect. § 182. Effective date of act. § 183. Repeal of conflicting laws. A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE CITY OF ATLANTIC BEACH, FLORIDA, IN DUVAL COUNTY, AND TO PROVIDE FOR ITS GOVERNMENT AND PRESCRIBE ITS JURISDICTION, POWERS, PRIVILEGES AND IMMUNITIES, AND TO ABOLISH THE PRES- ENT MUNICIPALITY OF THE TOWN OF ATLANTIC BEACH. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: Article I. Incorporation. Form of Government. Powers. Sec. 1. Present municipal corporation; of Town of Atlantic Beach abolished. The present municipal corporation of the Town of Atlantic Beach in Duval County, Florida, is hereby abolished. Sec. 2. Incorporation of City of Atlantic Beach. A municipal corporation to be known and designated as the City of Atlantic Beach is hereby established, organized and constituted in the County of Duval and State of Florida, and its territorial boundaries shall be as follows: Beginning at a point on the beach of the Atlantic Ocean, as shown on a map of a part of a Subdivision "A", Atlantic Beach, Plat Book 6, Page 1, of Duval County Rec- ords, where the north side of an unnamed street north of Blocks 62, 63, and 64, as shown on said map, and known as 16th Street would, if prolonged, intersect with low § 3 The Charter § 3 water mark of said Atlantic Ocean; running thence westerly along the north line of said 16th Street to the intersection of said, line with the westerly right-of-way line of Seminole Beach Road (County Road No. 608); running thence northerly along the westerly right-of-way line of said Seminole Beach Road to the north boundary line of Section 9, Township 2 South, Range 29 East; running thence westerly along the northerly boundary line of said Section 9 and the northerly boundarylines of Section 8 and Fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport Road (State Road A -1-A); running thence southerly along the easterly right-of-way line of said Mayport Road to the north boundary line of Government lot 15 of Section 8; running thence easterly along the North boundary line of said Govern- ment lot 15 to the northwest corner of the east onehalf of. said Government lot 15; running thence south along the west boundary line of the east one half of said Govern- ment lot 15 to the north boundary line of Section 17; running thence westerly along the northerly boundary line of Sections 17 and 18 in said Township and Range to the northeasterly corner of unsurveyed Section 18, in said Township and Range; running thence southerly along the U.S. Government meander line of the Pablo Creek salt marshes, being also the easterly boundary line of said. unsurveyed Section 18 and the easterly boundary line of unsurveyed Section 19 in said Township and Range, to the intersection of the last mentioned lines with a line 16 feet northerly of, measured at right angles from and parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel line and a prolongation of same to the point of intersec- tion of said prolongation with the low water mark of said Atlantic Ocean; and running thence northerly along said low water mark of. the Atlantic Ocean to the point or place of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Selva Marina Country Club as described in deed recorded in Volume 652, page 484, Official Records of Duval County; and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south lines of said city as above described, projected easterly two miles; and police jurisdiction for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as here- inbefore described, over said Mayport Road from the city limits as above described, northerly to the northerly boundary line of said Fractional Section 5, and over said Seminole Beach Road from the city limits as above described, northerly to the nor- therly boundary line of said Section 9; provided, however, thatthe board of county commissioners of Duval County, Florida, ishereby authorized to construct and main- tain, within the territory hereinbefore described, any and all streets, roads or high- ways that have, at any time heretofore, been adopted as county roads by the board of county commissioners of Duval County, Florida, as it may, deem, necessary and prop- er for the benefit of the public. (Sp. Acts 1959, ch. 59-1054. ) Sec. 3. Form of government. The municipal government provided by this Charter shall be known as"Commis-- sion - Manager Government." Subject only to the limitations imposed by the Consti- tution and laws of this state and by this Charter, all powers of the, city shall be vested in an elective commission, hereinafter reterred to as "the city commission, " which shall enact local legislation, adopt budgets, determine policies, and appoint such city officials as are hereinafter prescribed. Except as limited in this Charter, the city manager shall execute the laws and administer the government of the city. All 7 § 4 Atlantic Beach City Code § 4 powers of the city shall be exercised in the manner provided by this Charter, or if the manner be not provided then in such manner as may be set forth by ordinance. Sec. 4. General powers. The city shall have the powers, functions and immunities granted to municipal corporations by the Constitution and general laws of this state, as now or hereinafter existing, together with the implied powers necessary to carry into execution all the powers granted. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and exercise all powers which it would be competent for this Charter speci- fically to enumerate. The following are among the powers of the said city subject to the limitations hereinafter expressed: (1) To purchase, lease, receive and hold property, real, personal and mixed, both within and without its corporate limits, and to lease, sell, or otherwise dispose of the same for the benefit of the city; (2) To pass such ordinances as may be necessary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the city outside its corporate limits; (3) To acquire by condemnation any property necessary for public use, either within or without its corporate limits; (4) To levy, assess and collect taxes; (5) To invest the surplus funds of the city; (6) To borrow money and,to issue bonds and revenue certificates as security therefor; (7) To license professions, businesses and occupations carried on within its corporate limits and to levy and collect license taxes upon the same; (8) To furnish within and without its corporate limits all local public services and utilities, and to levy charges for the use of such services and utilities; (9) To purchase, hire, construct, own, maintain and operate or lease local public utilities; (10) To grant local public utility franchises and regulate the exercise thereof; (11) To define, prevent and abate nuisances; (12) To exercise all police powers granted to municipalities by the constitution and laws of the State of Florida, as now or hereinafter existing, and to adopt such ordinances, rules and regulations as are necessary to maintain and preserve public 8 § 4 The Charter § 4 health, peace and welfare, including ordinances regulating the keeping of domestic and other animals within its corporate limits, and to impose penalties and forfeitures to carry the same into effect; (13) To own, establish and operate hospitals, libraries, parks, airports, golf courses, and to sell or lease such institutions or properties; (14) To construct, operate and maintain streets, roads, alleys, sidewalks, and parking areas, and to regulate and control the use thereof; (15) To regulate encroachments in, upon, over and under streets, alleys, and sidewalks; (16) To provide police, fire, sanitary and other similar protections and ser- vices; (17) To drain swamp and overflow lands within or without the city for the better- ment of sanitary conditions within the city; (18) To establish and regulate a uniform system or employment practices so as to provide a permanent system of civil service; (19) To own and maintain cemeteries and crematories either within or without its corporate limits, and to regulate the use thereof; (20) To regulate building and density of population, and the nature, height, size and use of buildings and other structures, for the purpose of promoting the health, safety, morals or general welfare of its residents; (21) To make local improvements, and to impose and enforce liens for the pay- ment of the same in accordance with the general statutes of the state; (22) To provide a pension or retirement plan for its officers and employees; (23) To advertise and promote the interest of the municipality and its residents through legitimate and recognized means for the accomplishment of such purposes; (24) To borrow money for a period not longer than the remainder of the fiscal year in which the loan is made, and this power shall be in addition to the other pow- ers to borrow money set forth in this Charter, or granted by the general laws of this state; (25) To control the development and use of natural or artificial streams or bodies of water inside its corporate, limits; (26) To dispose of seized, abandoned or captured property. 9 Supp. #6, 12-76 § 5 Atlantic Beach City Code § 8 Article. II. The Commission. Sec. 5. Number; selection; term. The city commission shall consist of five (5) electors of the City of Atlantic Beach, who have the qualifications as defined in section 6, article II of this Charter, elected at large. The seats shall be known as seats 1 to 5, respectively, and seat 1 shall be designated as mayor -commissioner, and they shall hold office for the terms respectively as hereinafter stated: Seat 1, mayor -commissioner, shall be elected for two-year terms; in the 1961 primary and general municipal elections, seats 2 and 3 shall be elected for a two-year term and seats 4 and 5 shall be elected for a four-year term; thereafter seats 2, 3, 4 and 5 shall be elected for four-year terms. (Sp. Acts 1961, ch. 61-1862. ) Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been residents of the city for one year, shall have qualifications of electors in the city, and shall be freeholders with- in the limits of the city. Members of the city commission shall not hold any other elective public office. Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted or who shall be convicted ,of a crime involving moral turpitude, shall forfeit his office. Absence from four con- secutive regular meetings of the city commission shall operate to vacate the seat of a member unless such absence is excused by the city commission by resolution set- ting forth the fact of such excuse duly entered upon the minutes. (Sp. Acts 1961, ch. 61-1861.) Sec. 7. Salary. The monthly salary of the mayor -commissioner shall be two hundred dollars, commencing the first month following the effective date of this section. The monthly salary of the commissioners shall be one hundred dollars, com- mencing the first month following the effective date of this section. (Ord. No. 5-75-3, § 3.) Editor's note --Ordinance No. 5-75-3, § 2, from which this section is derived, was enacted December 22, 1975. Sec. 8. Presiding officer: Mayor. The commissioner elected as mayor -commissioner shall preside at all meet- ings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, shall, when directed to do so by the city commission, execute all instruments to which the city is a party, unless otherwise provided by this Charter or by ordinance, but shall have no regular administrative duties except as authorized in this Charter. In the temporary absence or disability of the mayor -commissioner, his duties shall be per- formed by the mayor pro tem who shall be appointed by the commission from its own members. 10 Supp. #6, 12-76 ORDINANCE NO. 5-83-9 AN ORDINANCE AMENDING ARTICLE II, SECTION 7, OF THE CHARTER, RELATING TO THE SALARY OF MEMBERS OF THE CITY COMTISSION BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. That Article II, Section 7, of the Charter, be amended to read as follows: Section 7. Salary The annual salary of the mayor --commissioner shall be $5,000.00. The annual salary of the commissioners shall be $2_,500.00 The salary of the mayor -commissioner and commissioners shall be made in twelve equal monthly payments com- mencing the first month and each month thereafter following the effective date of this ordinance. Section 2. This ordinance shall become effective immediately upon its final passage. Passed by the City Commission on First Reading September 26, 1983 Passed by the City Commission on Second Reading October 24, 1983 Passed by the City Commission on Third & Final Reading November 14, 1983. (SEAL) _PEST: Adelaide Adelaide R. Tucker, City Clerk § 9 The Charter § 9 Sec . 9 . Powers. Except as otherwise provided in this Charter , all powers of the city , and the determination of all matters of policy shall be vested in the city commission . 10.1 Supp . #6, 12-76 § 9 The Charter § 9 Without limitation of the foregoing, the city commission shall have power to: (1) Be the judge of the election and qualifications of its own members; (2) Adopt a budget; (3) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (4) Appoint members of official boards of advisory groups; (5) Adopt and modify the official map of the city; (6) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence, or other purposes; (7) Create a housing authority; (8) : Provide for an independent audit; (9) Remit fines or other penalties imposed by the municipal court; (10) Pass ordinances and laws for the preservation of the public peace and order, and impose penalties for the violation thereof; provided, that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars and imprisonment for a period of time not longer than ninety days; (11) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the city commission has passed an ordinance in which is stated the terms of the leases; (12) Sell golf courses, hospitals, airports, `parks and the public utility systems, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance in which there is a finding that public wel- fare no longer required the operation of any such facility and in which are stated the terms of sale, and after such ordinance has been submitted to the qualified voters of said city at an election called for that purpose, which election shall be called and held as is herein prescribed for bond elections; (13) Provide rules and regulations fo behalf of the city; (14) Appoint, remove and fix the compensation of the city manager, city attor ney, municipal judge, city prosecutor, city comptroller, city clerk, city tax asses- sor and city treasurer; and all other officers and employees appointed by the city commission; all purchases and sales made for and in 11 § 10 Atlantic Beach City Code § 13 (15) Appoint advisory boards; (16) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provi- sions of this Charter. Sec. 10. Appointment of city manager. The city commission shall appoint an officer of the city, who shall have the title of city manager, and shall have the powers and perform the duties provided in this Charter. No city commissioner shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. Sec. 11. Removal of city manager. The city commission shall appoint the city manager for an indefinite term, and may remove him by a majority vote of its members. At least thirty days before such removal shall become effective, the city commission shall, by a majority vote of its members, adopt a preliminary resolution stating that they intend to remove the city manager. The city commission may, in its discretion, furnish the city manager in writing the reasons for such removal, and it may, in its discretion, give him a pub- lic hearing upon the same before the city commission, which public hearing shall be held not earlier than twenty nor later than thirty days after the adoption of such pre- liminary resolution. After expiration of thirty days from the passing of such prelim- inary resolution, the city commission, by a majority vote of its members, may adopt a final resolution of removal. By the preliminary resolution the city commission may suspend the city manager from duty,, but shall in any case cause to be paid him any unpaid balance of his salary, and his salary for the time between the preliminary res- olution and final resolution of removal. Sec. 12. Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect within fifteen days, by the affirmative votes of not less than three members, an eli- gible person to fill the vacancy until the next general election. Sec. 13. Creation of new departments or offices; change of duties. The city commission by ordinance may create, change and abolish offices, de- partments or agencies, other than the offices, departments and agencies established by this Charter. With the exception of the city clerk, and city comptroller, the city commission may by ordinance assign additional functions or duties to the offices, departments or agencies established by this Charter, but may not discontinue or as- sign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. 12 § 14 The Charter § 19 Sec. 14. Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commissioners shall assume the duties of office at a meeting of the city commission held at 8:00 P. M. on the first Tuesday in November. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. All official meetings of the city commission shall be held at the city hall and be open to the public. (Sp. Acts 1961, ch. 61-1861.) Sec. 15. City commission to be judge of qualifications of its members. The city commission shall be the judge of the election and qualifications of its members, and for such purposes shall have power to subpoena witnesses and require the production of records. Sec. 16. Rules of procedure; journal of minutes. The city commission shall determine its own rules and order of business. It shall require a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to public inspection. Sec. 17. Ordinances. In addition to such acts of the city commission as are required by statute or by this Charter to be by ordinance, every act of the city commission establishing a fine or other penalty, or providing for the appropriation of funds, or for the contracting of indebtedness, or for the sale of real property shall be by ordinance. The enact- ing clause of all ordinances shall be: "BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA." Sec. 18. Procedure for passage of ordinances; first reading. Every ordinance shall be introduced in writing, and after passage on first read- ing shall be publicly posted at the City Hall at least once, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The posting shall be at least five days prior to the time of its pub- lic hearing and final passage. Sec. 19. Second reading; public hearing; further considera- tion; final passage. At the time and place so posted, or at any time and place to which such hearing shall from time to time be adjourned, such ordinance shall be read in full and, after such reading, all persons interested shall be given an opportunity to be heard. Af- ter such hearing, the commission may finally pass such ordinance with or without amendment. The second passage of any ordinance pursuant to this Charter shall be final and no further passage shall be required. 13 § 20 Atlantic Beach City Code § 23 Sec. 20. Further consideration; final passage. After such hearing, the city commission may finally pass such ordinance with or without amendment, except that if it shall make an amendment which constitutes a change of substance, it shall not finally pass the ordinance until it shall have caused the amended sections to be posted at least once, together with a notice of the time and place when and where such amended ordinance will be further considered, which posting shall be at least five days prior to the time stated. At the time so posted, or at any time and place to which such meeting shall be adjourned, the amended ordi- nance shall be read in full, and a public hearing thereon shall be held, and after such hearing the city commission may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pur- suant to this Charter shall be final and no further passage shall be required. Sec. 21. Publication of ordinances after finalpassage; permissive referendum. After final passage every ordinance shall again be posted in full, and, except as otherwise provided in this Charter, shall be subject to permissive referendum as provided in article X of this Charter. Every ordinance, unless it shall specify an- other date, shall become effective at the expiration of twenty days after such posting following final passage, or if the ordinance be submitted at a referendum election, then upon a favorable vote of a majority of those voting thereon, except as otherwise expressly provided by this Charter. Sec., 22. Exception as to newspaper publication of ordinances. Notwithstanding the provisions of the foregoing section, ordinances need not be published in a newspaper, either before or after final passage. In lieu of publication of the ordinance, at least three (3) correct copies thereof in the form in which it has been passed on its first reading shall be made available to public inspection in the of- fice of the city clerk, and there shall be posted a notice describing the ordinance in brief and general terms and stating that it is available for public inspection in the of- fice of the city clerk, together with the time and place when and where it will be con- sidered for final passage; and after final passage there shall be posted a notice de- scribing the ordinance in brief and general terms and stating that it is available for public inspection in the office of the city clerk, and the date upon which it will take effect, unless submitted to referendum, in which event that it will not take effect un- less approved as required by law. Sec. 23. Emergency ordinances. The city commission by unanimous vote, may enact ordinances dealing with emer- gencies. Any new and unexpected condition or occurrence of a nonrecurring nature, that constitutes an immediate and serious menace to the public welfare of the city, shall be deemed an emergency. When no expenditure of city funds is entailed emer- gency ordinances may be temporarily effective for a period of not more than twenty days from the date of their passage on their first reading; but such ordinances shall be subject to all other provisions of this Charter governing the enactment of ordinances, and if not finally adopted in the manner herein provided shall expire at the end of the 14 § 24 The Charter § 26 time for which they are temporarily effective. An emergency ordinance authori7-ing the expending of funds by the city for other than a regular or recurring requirement, may be effective upon any date fixed in the ordinance by the city commission; provi- ded that the ordinance shall not authorize the expenditure in any manner of any great- er sum than the unexpended balances in the current contingent funds. Every emer- gency ordinance shall set forth specifically the conditions or occurrences that create the emergency, and shall be printed in full in the first issue of any newspaper there- after published and of general circulation in Duval County, Florida, in addition to the other postings required herein, and shall be captioned as an emergency ordinance. Failure on the part of the city commissioners to comply with the provisions of this section when enacting emergency ordinances shall be ground for recall.' Sec. 24. Independent annual audit. At the beginning of each fiscal year the commission shall designate a certified public accountant or a firm of certified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of finan- cial transactions of the city government and shall submit a written report to the com- mission and to the city manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of the city business, but, within spec- ifications approved by the commission shall post -audit the books and documents kept by the city comptroller and any separate or subordinate accounts kept by any other office, department or agency of the city government. Article III. The City Manager. Sec. 25. Qualifications. The city manager shall be chosen by the city commission solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a res- ident of the city or state, but during his tenure of office he shall reside within the city. Sec. 26. Powers and duties. The city manager shall be the chief executive officer andhead of the administra- tive branch of the city government, except as herein provided. He shall be responsi- ble to the city commission for the proper administration of all affairs, except as otherwise provided in this Charter, of the city and to that end, subject to civil ser- vice or personnel provisions provided for in this Charter, he shall have power and shall be required to: (1) Appoint and, when necessary for the good of the city, remove all officers and employees of the city, except as otherwise provided by this Charter, and except as he may authorize the head of a department or office to appoint and remove subor- dinates in such department or office; 15 § 27 Atlantic Beach City Code § 30 (2) Prepare the budget annually and submit it to the city commission, and be re- sponsible for its administration after adoption; (3) Prepare and submit to the city commission, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the pre- ceding year; (4) Keep the city commission advised of the financial condition and future needs of the city, _ and make such recommendations as may seem to him desirable; (5) Perform such other duties as may be prescribed by this Charter or required of him by the city commission, not inconsistent therewith. Sec. 27. Absence of the city manager. To perform his duties during his temporary absence or disability, the city man- ager may designate, by letter filed with the city clerk, a qualified administrative officer of the city. In the event of the failure of the city manager to make such desig- nation, the city commission may ,j y resolution appoint an officer of the city to per- form the duties of the city manager until he shall return or his disability shall cease. Sec. 28. Administrative departments. There may be a department of finance, department of personnel, and such other departments as may be established by ordinance. Sec. 29. Directors of departments. At the head of each department placed under the city manager as provided here- in, there shall be an officer of the city who shall have supervision and control of the department subject to the city manager. Except as herein provided, two or more departments may be headed by the same individual. The city manager may head one or more departments, and heads of departments may also serve as chiefs of divi- sions. Sec. 30. Departmental divisions. The work of each department shall be distributed among such divisions thereof as may be established by ordinance. Pendingthe passage of an ordinance or ordi- nances distributing the work of departments under the supervision and control of the city manager among specific divisions thereof,the city manager shall establish tem- porary divisions. 16 ORDINANCE NO: 5-82-8 AN ORDINANCE AMENDING SECTION THIRTY-TWO (32) AND SECTION THIRTY-FOUR (34) OF ARTICLE IV OF THE ATLANTIC BEACH CITY CHARTER (CHAPTER 57-1126, LAWS OF FLORIDA, AS AMENDED). ENTITLED "CITY COMPTROLLER" AND "CITY TREASURER; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION I. 1. The first sentence of Section 32, Article IV of the Atlantic Beach City Charter (Chapter 57-1126, Laws of Florida, as amended) entitled "City Comptroller" is hereby amended to read as follows: The City Commission may appoint an officer of the city who shall have the title of "City Comptroller". 2. All other provisions of said Section 32 to remain as previously provided. SECTION II. 1. The first sentence of Section 34, Article IV of the Atlantic Beach City Charter (Chapter 57-1126, Laws of Florida, as amended) entitled "City Treasurer" is hereby amended to read as follows: The City Commission may appoint an officer of the city sho shall have the title of "City Treasurer". 2. All other provisions of said Section 34 to remain as previously provided. SECTION III. This ordinance shall become effective upon its final passage, AUTHORITIES: Art. VIII, Sec. 2(b) Fla. Const. Chapter 166.011 - 166.411, Fla. Stats. AGO 073-276 PASSED by The City Commission on First Reading April 12, 1982 PASSED by The City Commission on Second Reading April 12, 1982 PASSED by the City Commission on Third and Final Reading April 26, 1982 ATTEST: .�la R � uc C— i er, ity Clerk - § 31 The Charter § 32 Article IV. City Comptroller, City Clerk, City Treasurer and City Tax Assessor . Sec . 31 . City clerk . The city commission shall appoint an officer of the city who shall have the title of city clerk . He shall serve at the pleasure of the city commission and shall be under its direction and control . He shall receive a salary to be fixed by the city commission . He shall give notice of the meetings of the city commission; shall keep the minutes of its proceedings; shall be custodian of the city's seal; shall authenticate by his signature and record in full in a book kept for that purpose all ordinances and resolutions; shall perform the duties of registration of officer and shall perform any other duties required by this Charter. If a person qualified to fill the positions be available, the office of city clerk may, at the discretion of the city commission, be combined with that of the city comptroller and city treasurer . Notwithstanding any other provi- sion of law, or of this Charter, the office of the city clerk shall never be com- bined with any office other than city comptroller or city treasurer, or given any other duties except those specifically delegated in this Charter to either the city comptroller and city treasurer . The city clerk shall have the power to administer oaths . Sec . 32 . City comptroller . The city commission shall appoint an officer of the city who shall have the title of city comptroller . He shall serve at the pleasure of the city commission and shall be under its direction and control. He shall receive a salary to be fixed by the city commission. He shall have knowledge of accounting and shall have had experience in budgeting and financial control. If a person qualified to fill the positions be available , the office of the city comptroller may , at the discretion of the city commission, be combined with that of city clerk and city treasurer . Notwithstanding any other provision of law , br of this Charter,. the office of city comptroller shall never be combined with any office other than that of city clerk or city treasurer, or given any other duties except those speci- fically delegated in this Charter to either the city clerk or city treasurer . The city comptroller shall have power and be required to: (1) Exercise financial budgetary control over every department, board, commission, and agency of the city to insure that all moneys are legally expended and that budget appropriations are not exceeded; (2) Prescribe the forms of accounting and the forms of receipts, vouchers , bills , claims or other forms to be used by all the offices boards , commissions and agencies of the city government, in and about its fiscal af- fairs; (3) Audit all bills , invoices , payrolls and other evidences of claims , demands or charges against the city government; 17 10-79 § 33 Atlantic Beach City Code (4) Inspect and audit any accounts or records which may be main- tained in any office, department or agency of the city government. § 35 Sec. 33 . City tax assessor. The city commission shall appoint an officer of the city who shall have the title of city tax assessor . He shall serve at the pleasure of the city commis- sion and shall be under its direction and control . He shall receive such com- pensation as shall be fixed by the city commission. He shall prepare tax maps , assess all properties subject to annual taxation within the corporate limits of the city for taxation and shall perform all the usual duties of a tax assessor; provided, however, that the city commission may by ordinance provide that the city tax assessor , in the preparation of the roll , shall adopt the assessments either as to personal property , or real estate , or both , made by the tax assessor of Duval County , Florida , upon such property in the city subject to taxation by it . Notwithstanding any other provision of law , or of this Charter , the office of city tax assessor shall never be combined with any other office of the city . (Sp. Acts 1967, ch. 67-1086.) Sec. 34. City treasurer. The city commission shall appoint an officer of the city who shall have the title of city treasurer . He shall serve at the pleasure of the city commis- sion and shall be under its direction and control. He shall receive such com- pensation to be fixed by the city commission. He shall collect, receive and ac- count for all taxes , fees , or other funds due the city and shall be custodian of such funds. All funds of the city shall be deposited by the city treasurer in such banks or depositories as may be directed from time to time by the city commission and shall be withdrawn and disbursed from time to time in such manner ns may he provided by resolution of the city commission. If a person qualified to fill the position be available the office may be combined with that of city clerk and city comptroller at the discretion of the city commission. Not- withstanding any other provision of law, or of this Charter, the office of city treasurer shall never be combined with any office other than that of city clerk or city comptroller , or given any other duties except those specifically desig- nated in this Charter to either the city clerk or city comptroller . Article V. Department of Public Safety . Sec. 35. Created; director of public safety; divisions es- tablished. There shall be a department of public 'safety which shall be under the direction of the city manager , or any other qualified person as provided by or- dinance. In the absence of such ordinance, the city manager shall be the di- rector of public safety. The department of public safety shall consist of the following divisions: (1) Police division 18 10-79 § 36 The Charter § 40 (2) Fire division (3) Life guard division. (Ord. No. 57-78-7, § B.) Sec. 36 . Chief public safety officer to head police divi- sion. The chief public safety officer shall be the head of the police division and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as deter- mined by the city commission. (Ord. No. 57-78-7, § C.) Sec. 37. Duties and authority generally of chief public safety officer. It shall be the duty of the chief public safety officer to attend all meet- ings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety , the chief public safety officer shall have and exercise control over the police division. (Ord. No. 57-78-7, § D.) Sec. 38 . Powers and authority of chief public safety offi- cer and deputies . The chief public safety officer and his designated public safety officers shall have the power and authority to immediately arrest, with or without war- rant, and to take into custody any person who shall commit, threaten or attempt to commit, in his presence or within his view , any offense prohibited by the ordinances and laws of the City of Atlantic Beach and of the State of Florida and shall, without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law . (Ord. No. 57-78-7, § E . ) Sec . 39 . Chief public safety officer to head fire division The chief public safety officer shall be the head of the fire division and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as deter- mined by the city commission. (Ord. No. 57-78-7, § F . ) Sec. 40. Additional duties and authority of chief public safety officer; chief public safety officer to head fire division. It shall be the duty of the chief public safety officer to attend all meetings of the city commission as required by the city commission; to aid in the enforce- ment of all city ordinances relating to the prevention and extinguishment of 19 10-79 § 40.1 Atlantic Beach City Code § 42 fires and the protection of life and property within the limits of the City of Atlantic Beach, and to execute all papers and process of the city or its authori- ties relating thereto , and to perform such other duties as may be lawfully re- quired of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety , the chief public safety officer shall have and exercise control over the fire division. (Ord. No. 57-78-7, § G.) Sec. 40.1. Life guard division. The life guard division shall be under the supervision of the life guard captain, who shall be responsible to the chief public safety officer. The func- tions of the division shall be as follows: (1) Protect the safety and welfare of all persons using the beaches. (2) Regulate all rules governing beaches for safety purposes. (3) Give artificial respiration and other medical aid for minor purposes . (4) Prepare reports on the conditions of approaches and beaches , and submit departmental resumes of monthly information to the director of public safety. (5) Perform such other duties as may be assigned by the director of public safety. (Ord. No. 57-78-7, § H.) Article VI. Budget . See. 41, Fiscal year The fiscal year of the city government shall be established by the city commission by ordinance. Such fiscal year shall also constitute the budget and accounting year for all funds of the city . As used in this Charter , the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered. Sec. 42 . Preparation and submission of budget. The city manager, at least thirty-five days prior to the beginning of each budget year , shall submit to the commission a budget and an explanatory bud- get message in the form, and with the contents provided by sections 53 through 62, inclusive. For such purpose , at such date as he ` shall determine, he, or an AUTHORITIES: Art. VIII, Sec. 2 (b) Fla. Const' Chapter 166.011-166.411, Florida Statutes; A.G.O. - 073-276 20 10-79 § 43 The Charter § 47 officer designated by him, shall obtain from the head of each office , department, or agency estimates of revenues and expenditures of that office , department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request; together with an estimate of all capital projects pending or which such department head believes should be undertaken (a) within the budget year and (b) as requested within succeeding years. In preparing the budget, the city manager shall review the estimates , shall hold hearings thereon and may revise the estimates , as he may deem ad- visable. Sec. 4'3. Budget a public record. The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection by anyone. Sec. 44. Publication of notice of public hearing. At the meeting of the commission which the budget and budget message are submitted, the commission shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven days after date of publication, at which the commis- sion will hold a public hearing. Sec. 45 . Public hearing on budget. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the commission shall hold a public hearing on the budget as submitted, at which all interested per- sons shall be given an opportunity to be heard, for or against the estimates or any item thereof. Sec. 46. Further consideration of budget. After the conclusion of such public hearing, the commission may insert new items or may increase or decrease the items of the budget. Sec. 47. Balance of budget. After such hearing, the commission may insert the additional item or items , and make the increase or increases , or to a lesser amount, but where it shall increase the total proposed expenditures , it shall also increase the total anticipated revenue to at least equal such total proposed expenditures. 20.1 10-79 § 48- The Charter §` 53 Sec. 48. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all the members of the commission. Sec. 49. Date of final adoption; failure to adopt. The budget shall, be finally adopted not later than the twenty-seventh day of the last month of the fiscal year prior to the beginning of the next budget year. Should the commission take no final action on or prior to such day, the budget, as submit- ted, shall be deemed to have been finally adopted by the commission. Sec. 50. Effectivedate of ,budget; certification; copies made available. Upon the final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by the city manager and city clerk and filed in the office of the city comptroller. The budget so certified shall be print- ed, mimeographed or otherwise reproduced and sufficient copies thereof shall be made available for the use of all offices, departments, and agencies and for the use of interested persons and civic organizations. Sec. 51. Budget establishes appropriations4 From the effective date of the budget, the several amounts stated therein as pro- posed expenditures shall be and become appropriated to the several objects and pur- poses therein named. Sec. 52. Bud_ et establishes amount to be raised b . ro.ert tax; certification to taxing ,authority. From the effective date of the budget, the amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. A copy of the budget as finally adopted shall be certified by the city manager and filed by him with the officer, board, or commission whose duty it shall be to levy such taxes for the corresponding year. Sec. 53. Budget message; current operations. The budget message submitted by, the city manager to the commission shall be explanatory of the budget, shall contain an outline of the proposed financialpolicies of the city for the budget year and shall describe in connection therewith the impor- tant features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items and shall explain any major changes in financial policy. 21 § 54 Atlantic Beach City Code § 59 Sec. 54. Budget message; capital improvements. As a part of the budget message, with relation to the proposed expenditures for down payments and other proposed expenditures for capital projects stated in the bud- get, the city manager shall include a statement of pending capital projects and pro- posed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. Sec. 55. Budget message; capital program. The city manager shall also include in the message, or attach thereto, a capital program of proposed capital projects for such succeeding years as the commission may require. Sec. 56. Budget message; supporting schedule. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital improve- ments, as the city manager shall believe useful to the commission, Sec. 57. Budget. The budget shall provide a complete financial plan for the budget year. It shall contain in tabular form: (a) Detailed estimates of all anticipated revenues applicable to proposed expen- ditures; (b) All proposed expenditures. The total of such anticipated revenues shall equal the total of such proposed ex- penditures. Sec. 58 Anticipated revenues. Anticipated revenues shall be properly classified as to source. Sec. 59. Anticipated revenues compared with other years. In parallel columns opposite the several items of anticipated revenues there shall be placed the amount of each such item in the budget of the last completed fis- cal year, the amounts of such items actually received during the year, the amount of each such item in the budget of the current fiscal year and the amount actually re- ceived to the time of preparing the budget plus receipts for the remainder of the cur- rent fiscal year estimated as accurately as may be. 22 WHEREAS, that the City WHEREAS, ORDINANCE NO. 5-81-7 AN ORDINANCE CREATING THE DEPARTMENT OF FINANCE AND ESTABLISHING QUALIFICATIONS, POWERS, DUTIES, AND METHOD OF APPOINT- MENT OF THE DIRECTOR OF FINANCE Article 7 of the Charter of the City of Atlantic Beach provides Commission may establish a Department of Finance, and the City Commission desires to establish such a department, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Department of Finance is hereby created. Section 2. The Department of Finance shall be an administrativee dea depart- ment of the City. The City Manager may, at his discretion, appr of Finance and other employees as may be required to administer the financial affairs of the City. Section 3. Accounting, finance and treasury functions of the City will be combined in a single finance department. The City Manager shall be responsible for such department and he shall perform the duties of each such function in the absence of a Director of Finance. Section 4. The Department of Finance shall have the following duties; the custodian of all monies of the City; receive all monies belonging to the City; and to disburse same; keep proper books in such a manner that they may readily understood and audited. Such books shall contain a separate account iof each fund or appropriation, and debits and credits thereto etom elwhongieg, and, and general an accurate accounting of all monies received, to whom disbursed, into what account received and disbursed. The accounting shall be consistent with the UnifoLwAccounting System, Local Units d pof Cov practices. State of Florida, and generally accepted accounting principles aSection 5. The Director of Finance shall invest funds of the City not re- quired for immediate disbursement. Such investments shall be at theehe d,screeionce cretion of the Finance Director within constraints established by City and State and Federal Statutes. Section 6. The Finance Director shall be responsible for the pre -audit a of f all purchase orders, receipts, and disbursements, prepare payrolls, prepare issue all checks, maintain and supervise cost accounts, prepare all invoices, and maintain inventory records of all municipal property. Section 7. The Director of Finance shall be responsible for the rendering of an account to the City n�omandstonprepareshowing andthe presentfinancial othernsuchofinancialof the City at the date of such account, Commission. information as may be required by the City Section 8. The Director of Finance shall assist the City Manager in the Page Two preparation of the annual budget and shall perform other duties and accept " other responsibilities as may be assigned by the City Manager. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading December 28, 1981 Passed by the City Commission on Second Reading December 28, 1981 Passed by the City Commission on Third and Final Reading January 11, 1982 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk § 60 Sec. 60. Surplus. The Charter § 64 Surplus shall include revenue receipts made available by the lapsing of unencum- bered appropriation balances at the beginning of the budget year; receipts from unanti- cipated miscellaneous revenues of the preceding fiscal year; receipts from anticipated miscellaneous revenues of the preceding fiscal year in excess of the estimates in the budget; and receipts during the previous fiscal year from taxes or liens against which a complete reserve has been established. Sec. 61. Proposed expenditures; comparison with other years. In parallel columns opposite the several items of proposed expenditures, there shall be placed the amount of each such item in the budget of the last complete fiscal year, the amount of such items actually expended during such year, the amount of each such item in the budget of the current year and the amount actually expended to the time of preparing the budget, plusthe expenditures for the remainder of the cur- rent fiscal year estimated as accurately as may be. Sec. 62. Budget, summary. At the head of the budget there shall appear a summary of the budget, which need not be itemized further than by principal sources of anticipated revenue, stating sep- arately the amount to be raised by property tax, and by departments and kinds of ex- penditures, in such a manner as to present to taxpayers a simple and clear summary of the detailed estimates of the budget. Article VII. , Department of Finance. Sec. 63. Director, of finance;. appointment.., The city commission may, at its discretion, establish a department of finance, the head of which shall be the director of finance, whose qualifications, powers, du- ties and method of appointment shall be defined by ordinance. Sec. 64. Work programs; allotments Before the beginning of the budget year, the head of each office, department or agency shall submit to the city manager, when required by him, a work program for the year, which program shall show the requested allotments of the appropriations for such ,office, department or agency, by monthly period, for the entire budget year. The city manager shall review the requested allotments in the light of the work pro- gram of the office, department or agency concerned, and may revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriation available to said office, department or agency for the budget year. 23 § 65 Atlantic Beach City Code § 69 Sec. 65. Allotments constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the bud- get year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of the said in- come. Sec. 66, Transfers of app'ropriationsa The city manager may at any time transfer any unencumbered appropriation bal- ance, or portion thereof, between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city commis- sion by resolution may at any time transfer any unencumbered appropriation balance, or portion thereof, from one office, department or agency to another office, depart- ment or agency. (Sp. Acts 1961, ch. 61-1863, ) Sec. 67. When contracts and expenditures prohibited. No officer, department, or agency shall, during any budget year, expend or con- tract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditure pursuant to this Charter. Any contract, verbal or written, made in violation of this Charter shall be null and void. Any officer or employee of the city who shall violate this section shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his office or em- ployment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for ser- vices for a period exceeding the budget year in which such contract is made, when such contract is permitted by law. Sec. 68. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended. Sec. 69. Fees shall be paid to city government. All fees received by an officer or employee shall belong to the city government and shall be paid daily to the city treasury. 24 ORDINANCE NO. 5-83-12 AN ORDINANCE PRESCRIBING RULES AND REGU- LATIONS FOR THE PURCHASE OR CONTRACT FOR SUPPLIES, MATERIALS, EQUIPMENT, SERVICES, AND PUBLIC IMPROVEMENTS; REPEALING SECTION 72 OF THE CHARTER ENTITLED "CONTRACTS FOR CITY IMPROVEMENTS", AND ARTICLE II, SECTION 8-4 THROUGH 8-8 OF THE CODE OF ORDINANCES ENTITLED "PURCHASING" WHEREAS, Section 70 of the Charter of the provides that the City Manager, pursuant to established by ordinance shall contract for distribute all supplies, materials and equipment department or agency of the City government, and WHEREAS, Section 71 of the Charter of the City of Atlantic Beach provides that before the City Manager or his appointed purchasing agent makes any purchase or contract for supplies, materials or equipment, he shall give ample opportunity for competitive bidding, under such rules and regulations, and with such exception, as the Commission may prescribe by ordinance, and WHEREAS, the City Commission of the City of Atlantic Beach finds that it is in the best interest of the City to establish rules and procedures for the purchase of supplies, materials, equipment, and improvements, and WHEREAS, the City of Atlantic Beach is a home rule municipality pursuant to the Constitution of the State of Florida and the Municipal Home Rule Power Act, City of Atlantic Beach rules and regulations , purchase, store and required by any office, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 72 of the Charter of the City of Atlantic Beach, entitled "Contracts for City Improvements", is hereby deleted in its entirety. Section 2. Article II, Section 8-4 through 8-8 of the Code of Ordinances of the City of Atlantic Beach be repealed and the following provisions substituted therefor: ARTICLE II Section 1. Formal Bid Procedure. All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed two thousand five hundred dollars ($2,500), shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting proposals. A. Notice Inviting Bids 1. Newspaper. Notice of inviting bids shall be published once in at least one news- paper of general circulation at least five (5) days preceding the last day set for the receipt of proposals. Such notice shall include a brief des- cription of such services or supplies and shall state where bidding informa- tion may be secured and the time and place of opening bids. B. Bid Deposits. Bid deposits or bid bonds shall be required on all public works contracts with the dollar amount in excess of two thousand five hundred dollars ($2,500) except for maintenance contracts. When bid bonds or bid deposits are required, said requirement shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant to the requirements set forth in the public notice inviting bids. Further, a success- ful bidder may be required to forfeit any surety required by the City upon failure on such bidder's part to enter a contract within ten (10) days after the award of said contract or as is otherwise required in the bidding documents. C. Bid Opening Procedure. 1. Seal. Bids shall be submitted sealed to the City Manager and shall be identified as bids on the envelope. 2. Opening. Bids shall be opened in public at the time and place stated in the public notice. 3. Tabulation. Tabulation of all bids received shall be available for public inspection and shall be furnished to all bidders upon request. D. Award of Contract. 1. Lowest Responsible Bidder. Contract shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder", in addition to price, the City Commission shall consider: a. The ability, capacity and skill of the bidder to perform the contract or provide the service required; b. Whether the bidder can perform the contract or provide the service promptly, or within the time speci- fied, without delay or interference; c. The character, integrity, reputa- tion, judgment, experience and efficiency of the bidder; d. The quality of performance of previous contract or services; e. The previous and existing compli- ance by the bidder with laws and ordinances relating to the con- tract or service; f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; g• The quality, availability and adaptability of the supplies or contractual services to the parti- cular use required; h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 2. Tie Bids. If all bids received are for the same total amount or unit price, quality and service being equal, then the contract shall be awarded to one of the bidders by drawing lots in public. 3. Performance and Labor and Material Payment Bonds. The City Manager shall require a performance bond and a labor and material payment bond before entering a contract for a public improvement as required by Florida Statutes. E. Exceptions to Formal Bid Procedure. The formal bid procedure as defined in this section is not required in the following cases: 1. When the City Commission, by a vote of the majority of those members present, waives a formal bid procedure. 2. When the goods or services to be procured are procurable from only one source, such as contracts for telephone service, electrical energy, and other public utility services; hooks, pamphlets, periodicals, specifically designed business and research equipment and related supplies. 3. Where the services required are for professional, artistic skills or insurance, pursuant to a written contract. 4. In emergencies involving public health, safety or where immediate expenditure is necessary for repairs to City property in order to protect against further loss of or damage to the City property to prevent or minimize serious destruction of City services. 5. Contracts for the maintenance or servicing of equipment which are made with the manufacturer or authorized service agent of equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent where such a contract would otherwise be advantageous to the City. 6. When the goods or services are procured from other governmental agencies or their contracts. 7. Purchase and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment. Section 3. Open Market Procedures. All purchases of supplies and contractual services of less than the estimated value of two thousand five hundred dollars ($2,500) may be made in the open market without newspaper advertisement and without observing the procedure pescribed by Section 2 for the award of formal contracts. The City Manager shall keep a record of all open market orders and orders for the purchase of supplies and services in accordance with the Public Records Act of the State of Florida and generally accepted accounting internal control procedures. Section 4. Scope of Purchasing Authority. The City Manager shall have the authority: A. To award contracts within the purview of this ordinance. Provided, however, that no purchase order or con- tract for an amount in excess of two thousand five hundred dollars ($2,500) be executed without City Commission approval unless there is an emergency involving public health, safety or where immediate expenditure is necessary for repairs to City property in order to protect against further loss of or damage to the City property to prevent or minimize serious destruction of City services. In that event, the City Manager shall report the action taken and expense incurred to the City Commission. B. To prepare purchase procedures necessary for the function of purchasing. C. To act or procure for the City the highest quality in supplies and contractual services at least expense to the City. D. To discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales. E. To establish all rules and regulations authorized by this ordinance and any others necessary to its operation. F. To prescribe and maintain such forms as he shall find reasonably necessary to the operation of this ordinance. G. To prepare and adopt standard purchasing nomenclature for using agencies and suppliers. H. To exploit the possibilities of buying in bulk so as to take full advantage of discounts. I. To sign on behalf of the City any contract authorized by the City Commission, excepting where the City Commission directs that some other officer or officers shall do so. Section 5. This ordinance shall become effective immediately upon its final passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading January 9, 1984 Passed by the City Commission on Second $ Final Reading February 13, 1984. (SEAL) CERTIFICATION certify this to bo a true and correct ATTEST: 431A.eiri_ej .414%( copy of ilh3 .ocj,d in ray ofiic . Adelaide R. Tucker 1J1�t<' my I I CityClerk �- �;�c� ,� sn��- of !hi: City of ,rti It c Dctich, th;,.a,J _co of_ �: I;1S, § 70 The Charter § 73 Sec. 70. Division of purchases. The city manager or his appointed purchasing agent, pursuant to rules and regulations established by ordinance, shall contract for , purchase, store and distribute all supplies , materials and equipment required by any office, department or agency of the city government. The purchasing agent shall also have power and shall be required to: (1) Establish and enforce specifications with respect to supplies, materials , and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries of supplies , materials, and equipment, and determine their quality, quantity and confor- mance with specifications; (3) Have charge of such general storerooms and warehouses as the commission may provide by ordinance; (4) Transfer to or between offices, departments or agencies. Sec. 71. Competitive bidding. Before the city manager or his appointed purchasing agent makes any purchase of or contract for supplies , materials or equipment, he shall give ample opportunity for competitive bidding, under such rules and regulations , and with such exceptions, as the commission may prescribe by ordinance Sec. 72. Contracts for city improvements. Any city improvement costing more than one thousand dollars shall be executedby contract, except where such improvement is authorized by the com- mission to be executed directly by a city department in conformity with detailed plans, specifications and estimates. All such contracts for more than one thousand dollars shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the city manager, with approval of the city commission, shall have the power to re- ject all bids and advertise again. Alterations in any contract may be made when authorized by the commission upon the written recommendation of the city manager. Sec. 73. Accounting control of purchases. All purchases made and contracts executed by the city manager or his appointed purchasing agent shall be pursuant to a written requisition from the head of the office , department or agency whose appropriations will be charged, and no contract or order shall be issued to any vendor unless there is to the credit of such office, department or agency a sufficient unencumbered appro- 25 Supp. #7, 5-78 § 74 Atlantic Beach City Code § 78 priation balance to pay for the supplies , materials , equipment or contractual services for which the contract or order is to be issued. Sec. 74. No contract executed until bond ordinance effec- tive. No contract shall be executed for the acquisition of any property or the construction of any improvement or betterment to be financed by the issuance of bonds until the ordinance authorizing the issuance of such bonds shall have taken effect and any contract executed before such day shall be unenforceable in any court of law . Sec. 75. Emergency appropriations At any time in any budget year, the commission may , pursuant to this sec- tion, make emergency appropriations to meet a pressing need for public expen- diture, for other than a regular recurring requirement, to protect the public health, safety or welfare. Such appropriation shall be by ordinance adopted by the favorable votes of at least four-fifths of the members of the commission, and shall be made only upon recommendation of the city manager . Sec. 76. Temporary borrowing. When deemed necessary the commission may, by ordinance, authorize the issuance of certificates of indebtedness or notes in anticipation of the collection of taxes or of special assessments , provided that the amount of such obligations, except as to special assessments , shall at no time exceed one-half of one percent of the assessed value of taxable property in the city according to the last assess- ment roll preceding said loan. Such obligations shall be a first lien upon the proceeds of such taxes or assessments . and shall mature within thirty days after •such taxes or assessments become collectible. Article VIII. Department of Personnel. Sec. 77. Establishment. A department of personnel may be established by ordinance. Such ordi- nance shall make provisions for a personnel director, the qualifications, powers , and duties of such director , the appointment of a civil service board, the qualifications, removal and vacancies of a civil service board, and defining the powers , duties and service of such board. Sec. 78. Elections. Article IX. Elections . The city commission shall, by ordinance, make all regulations which it considers needful or desirable, not inconsistent with this Charter , for the con - 26 Supp, #7, 5-78 § 79 The Charter § 81 duct of municipal elections , and for the prevention of fraud therein. Inspectors and clerks of elections shall be appointed by the city commission. Sec. 79 Electors. Any person who is a qualified elector of the State of Florida, and who has resided in the city sixty days, shall be an elector of this city. (Ord. No. 33-77- 4, § 1.) 3-77-4,§1.) Sec. 80. Registration of voters. The registration of voters is to conform to Chapter 98.051 sections C and 3A Florida Statutes , as amended. (Sp . Acts 1965, ch. 65-1248; Ord. No. 33- 77-4, § 2.) Sec. 81 . Nominations. Any elector of the city having the additional qualifications and limitations as set forth in article II, section 6, may be nominated for the commission by petition. A petition for this purpose shall be signed by not less than ten quali- fied electors. Each petition shall designate the seat for which the candidate is nominated. The signatures of the nominating petition need not all be subscribed to one paper but to each separate paper there shall be attached a signed state- ment of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be. With each signa- ture , including the signature of the circulator, shall be stated the place of residence of the signer , giving the street and number or other description suf- ficient to identify it. The form of the nomination petition shall be substantially as follows: "We , the undersigned electors of the City of Atlantic Beach hereby nominate , whose residence is , for the office of Commissioner , Seat No. , to be voted for at the election to be held on the day of , A. D . , and we individually certify that our names appear on the rolls' of registered voters, that we are qualified to vote for a candidate for the Commission. "Name Street and Number Address from which last Date of Registered (if different) Signing (SPACES FOR SIGNATURES` AND REQUIRED DATE) "STATEMENT OF CIRCULATOR" "The undersigned is the circulator of the foregoing paper containing signatures . Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. 27 Supp. #7, 5-78 § 82 Atlantic Beach City Code § 82 "SIGNATURE OF CIRCULATOR "ADDRESS: 49 Any signature made earlier than the fifteenth of August next preceding the election shall be void. All nominating papers comprising a petition shall be filed as one instrument with the city clerk , not earlier than 12: 00 Noon on the second Tuesday of September, nor later than 12: 00 Noon on the third Tuesday of September, before the election. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in sub- stantially the following form: "ACCEPTANCE OF NOMINATION" "I hereby accept the nomination for Seat No. on the City Commis- sion and agree to serve if elected (Signature of Candidate)" Within two days after the filing of a nominating petition the city clerk shall notify the candidate, and the person who filed the petition, whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient . Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserver) by the city clerk until the expiration of the term of office for which the candidate has been nominated. (Ord. No. 33-77-4, § 3.) Sec. 82 . Elections: Primary. A primary election for the nomination of candidates for the office of city commissioners of the city, shall be held once every two years on the first Tues- day in October for each seat on the city commission which shall become vacant at eight o'clock P.M. on the first Tuesday in November of the same year. The two candidates for each seat to be filled receiving the greatest number of votes in said primary shall be certified as candidates or nominees at the general election, provided, however , that should any candidate receive at such primary election a clear majority of all votes cast, he shall be declared regularly elected and shall not be required to enter the general election as hereinafter provided. (Sp. Acts 1961, ch. 61-1861.) 28 Supp. #7, 5-78 § 83 The Charter § 87 Sec. 83.. Elections: General . A regular or general election of candidates or nominees to the office of city commissioner shall be held once every two years on the third Tuesday in October , unless all candidates or nominees for each seat shall have received a majority of all votes cast for such seat in the immediately preceding primary election, in which event such primary election shall be considered the general election for that year. The candidate or nominee receiving the clear majority of votes for each seat at such general election shall be declared elected. In the event of a tie between two candidates for any seat upon the city commission in the general election , another election shall be held on the Tuesday following the general election, and the two candidates receiving the equal votes shall be the only candidates on the ballot for such general election. Sec. 84. Elections: Writing in of candidates. In addition to the names printed on the ballots for primary and general elections , there shall be printed under each seat to be voted on at such election a blank line upon which the electors may write in the name of some person other than those printed on the ballot and cast their vote for such person as a candidate for such seat. In the event the name of a single individual appears for more than one as a "write in" or otherwise, on any ballot, such "write in" shall be void and shall not be counted for any candidate whose name appears thereon. Sec. 85:. Absentee voting. Absentee voting procedures shall follow those procedures as prescribed by General State Law (Ord No. 33-77-4, § 4.) Sec. 86. Elections: Governed by state law or ordinance . Except as herein specifically provided, all elections in the city shall be conducted substantially on the principles governing state elections, or as the city commission shall by ordinance prescribe. Seco 87 . Elections: Canvass of returns. The polls snail open at seven o' clock A.M. and shall close at seven o'clock P .M , The result of the voting when ascertained, shall be certified by return in duplicate, signed by the clerk and a majority of the inspectors of the election, one copy being delivered by such clerk and inspectors to the mayor -commis- sioner and the other to the city clerk, both of whom shall transmit such returns to the city commission at its next regular meeting thereafter. At such meeting the city commission shall canvass the returns and the results as shown by such returns shall be by the city commission declared as the result of the election. The city clerk shall, not later than noon of the second day after the canvass of said election, furnish a certificate of election to each person shown to have been elected 29 Supp. #7, 5-78 § 88 Atlantic Beach City Code § 91 Article X. Initiative and Referendum. Sec. 88. Power of initiative. The electors shall have power to propose any ordinance, except an ordi- nance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the commission by a petition signed by registered electors of the city equal in number to at least twenty-five per centum of the registered electors at the last regular municipal election. Sec. 89. Power of referendum. The electors shall have power to approve or reject at the polls any ordi- nance passed by the commission, or submittedby the commission to a vote of the electors, except as provided for bond ordinances, such power being known as the referendum. Ordinances submitted to the commission by initiative petition and passed by the commission without change shall be subject to the referendum in the same manner as other ordinances. Within twenty days after the enact- ment by the commission of any ordinance which is subject to a referendum, a petition signed by registered electors of the city equal in number to at least twenty-five per centum of the registered electors at the last preceding regular municipal election may be filed with the city clerk requesting that any such ordi- nance be either repealed or submitted to a vote of the electors. Sec. 90. Form of petitions; committee of petitioners. All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style . Initiative petition papers shall contain the full text of the proposed ordinance The signatures to initiative or referendum petitions need not all be appended to one paper , but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of the same five electors, who, as a committee of the petitioners , shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an af- fidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all the signa- tures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Sec. 91. ' Filing, examination and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty days af- ter a petition is filed , the city clerk shall determine whether each paper of the peti- tionhas aproper statement of the circulator and whether the petition is signed by a 30 Supp. #7, 5-78 § 92 The Charter § 95 sufficient number of qualified electors. The city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the city clerk shall certify the result thereof to the commission at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Sec. 92. Amendment of petitions. An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been sent by the city clerk, by filing a sup- plementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within five days after such an amendment is filed, make examination of the amended petition, and, if the petition be still insuffi- cient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Sec. 93. Effect of certification of referendum petition. When a referendum petition, or amended petition, as defined in section 92 of this Charter, has been certified as sufficient by the city clerk, the ordinance speci- fied in the petition shall not go into effect, or further action thereunder shall be sus- pended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. Sec. 94. Consideration by commission. Whenever the commission receives a certified initiative or referendum petition from the city clerk, it shall proceed. at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The commission shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the commission by the city clerk. A referred ordinance shall be reconsidered by the commission and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" Sec. 95. Submission to electors. If the commission shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the commission fails to repeal a referred ordinance, the proposed or referred ordi- nance shall be submitted to the electors not less than thirty days nor more than one 31 § 96 Atlantic Beach City Code § 99 year from the date the commission takes its final vote thereon. The commission may, in - its discretion, and if no regular election is to be held within such period, provide for a special election. Sec. 96. Form of ballot for initiated and referred ordinances. Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this Charter shall be submitted by ballot title, which shall be prepared in all cases by the director of law or other principal legal adviser of the city. The ballot title may be different from the legal title of any such initiated or re- ferred ordinance and shall be a clear, concise statement, without argument or pre- judice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance, if a paper ballot, shall have below the ballot title the following proposi- tions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE. " Immediately at the left of each proposition there shall be a square in which by making a cross (x) the elector may vote for or against the or- dinance. Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance. Sec. 97. Availability of list of qualified electors. If any organization or group requests it for the purpose of circulating descriptive matter relating to the ordinance to be voted on, the board of elections or city clerk or other office, department or agency of the city having the list of qualified electors shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with s,list titeieoi. Sec. 98. Results of election. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Sec. 99. Repealing ordinances; posting. Initiative and referendum ordinances adopted or approved by the electors shall be posted, and may be amended or repealed by the commission, as in the case of other ordinances. 32 § 100 The Charter § 102 Article XI._ Recall, Sec. 100. Recall petition. Any or all members of the city commission may be removed from office by the electors by the following procedure: A petition for the recall of the city commissioner or commissioners designated, signed by at least twenty-five per centum of the quali- fied electors of the city who were registered at the last regular municipal election, and containing a statement in no more than two hundred words of the reasons of the recall, shall be filed with the city clerk, who shall forthwith notify the city commis- sioner or commissioners sought to be recalled, and he or they, within five days after such notice, may file with such city clerk a defensive statement in not exceeding two hundred words. The city clerk shall at once upon the expiration of said five days cause sufficient number of typewritten copies of such petition, without the signatures, to be made, and to each of them he shall attach a printed or typewritten copy of such defensive statement, if one is furnished him within the time stated. He shall cause copies of such petitions to be placed on file in some convenient public place in the City Hall and provide facilities there for signing same, and he shall immediately cause notice to be published in, some newspaper of general circulation in the city of the placing of such copies of such petitions. Such copies of such petitions shall re- main on file in the place designated for the period of thirty days, during which any of them may be signed by an elector of the city in person; but not by agent or attorney. Each signer of any such copy shall sign his name in ink or indelible pencil and shall place thereafter his residence by street number, if a number has been assigned to his residence. Sec. 101. Notice. At the expiration of said period of thirty days the city clerk shall assemble all of said copies in his office as one instrument, and shall examine the same and ascer- tain and certify thereon whether the signatures thereto amount to at least twenty-five percent of the registered electors of the city. If such signatures do amount to said twenty-five percent, he shall at once serve notice of that fact upon the city commis- sioner or commissioners designated in the petition, and also deliver to the city com- mission a copy of the original petition with, his certificate as to the percentage of registered electors who signed the same and a certificate as to the date of his last mentioned notice to the city commissioner or commissioners designated in the peti- tion. Sec. 102. Recall election. If the city commissioner or commissioners or any of them, file with the city clerk within five days after the last mentioned notice his or their written resignation, the said city clerk shall at once notify the city commission of that fact and such re- signation shall be irrevocable, and the city commission shall proceed to fill the va- cancy. In the absence of any resignation the city commission shall forthwith order and fix a day for holding a recall election for the removal of those not resigning. Any such election shall be held not less than thirty days nor more than sixty days after the expiration of the period of five days last mentioned, and at the same time 33 103 Atlantic Beach City Code § 104 as any other general or special election held within such period; but if no such gen- eral or special election be held within such period, the city commission shall call a special election to be held within the period aforesaid. Should the city commission fail or refuse to order an election as herein provided within the time required such election may be ordered by any court of competent jurisdiction. Sec. 103. Ballots. The ballots at such recall election shall conform to the following requirements: With respect to each person whose removal is sought, the question shall be submitted; "Shall (name of person) beremoved from the office of City Commissioner by recall?", and immediately following each such question there shall be printed on the ballots the two propositions in the order here set forth; "For the recall of (Name of Person)" "Against the recall of (Name of Person)" Immediately to the left of each of the propositions shall be placed a square on which the electors, by making a cross mark (x) may vote upon either of such propositions. Sec. 104. Filling of vacancies. In any such election, if a majority of the votes cast on the question of removal of any city commissioner are affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the announcement of the official can- vass of that election, and the vacancy caused by such recall shall be filled by the re- mainder of the city commission, according to the provisions of this Charter. If how- ever, an election is held for the recall of more than one city commissioner, candi- dates to succeed them for the unexpired terms snail be voted upon at the same elec- tion, and shall be nominated without primary election, by petition signed by ten qual- ified electors of said city. The petition shall contain the name of such person whose name is presented for a place on the ballot, and that such person is a candidate for the office of city commissioner for the city, and each elector signing the petition shall add to his signature his place of residence, with street and number if a number has been assigned to his place of residence, and the date of signing, and all signa- tures shall be made with ink or indelible pencil. To such petition shall be attached an affidavit of the circulator thereof, stating the number of signers thereto, that each person signed in his presence on the date mentioned, and that the signature is that of the person whose name it purports to be. Such petition shall be filed with the city clerk not less than fifteen days previous to the date of such election. Any per- son whose name has been submitted for candidacy by any such petition shall file his acceptance of such candidacy with the city clerk not later than ten days previous to such election; otherwise his name shall not appear on the ballot. - But no such nomi- nating petition shall be signed or circulated until after the time has expired for sign- ing the copies of the petition for recall, and any signatures thereon antedating such time shall not be counted. 34 11.0' '!t2,,J-�1 ORDINANCE NO. 40-82-12 40-80-11, THE SAME BEING THE ORDINANCE PITO AN NTED AMNO AMENDING ERFRANCHIDINANCE NO. OF ATLANTIC JACKBEACSONVILLE AND SETTING FORTHT NON-EXCLUSIVE FRANCHISE TO COX CABLE OF JACKSONVILLE BEACHES, OPERATE A IN THE OPERATE A CABLE 'TELEVISION SYSTEM MTZNG OF THE FRANCHISE. CONDITIONS ACCOMPANYING '�E consider the Jacksonville Beaches CATV Board did on February 4, 1982, WHEREAS, 40-80-11 a request by Cox Cable of Jacksonville Beaches, Inc. to amend Ordinance No. and known and cited as the Cable Television Franchise Ordinance;Inc. to remove WHEREAS, said request by Cox Cable of Jacksonville Beaches, ad- vertising rates from the Cable Television Franchise Ordinance was considered by the Jacksonville Beaches CATV Board; and to recon?nend to their WHERE, the Jacksonville Beaches CATV Board did agree respective beach cities that Section 9, Subsection A: Rates and Charges, be ameT1ded to delete advertising rates and charges; 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 amend said ordinance CITY OF ATLANTIC NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance No. 40-80-11 and Section 9, Subsection A, thereof be amended and henceforth shall read as follows: Section 9: Rates and Char:es Charges. Grantee shall provide service at the initial A. Initial Rates and Charg rates and charges enumerated below. Installation MonthlyRate Char e 0 0 $7. 0 5 Residential Service .0 75 Basic Cable TV Service -First Outlet 15. 0 5.00 Basic Cable TV Service-Add'1 Outlets (ea) 17.20 3.00 0 Reconnection Charge Service) 15.00 3.00 FM Outlet (without cable TV 0 7 25 T FM Outlet (with cable TV service) 15.00 .2Bome Box Office 15.00 45 Take 2 -Commercial and Apartment Service subscriber --- 5.00/ subscriber Cost Plus First Outlet - Single Bill Commercial and Apartment Service (cont'd) First Outlet - Individual Bill Each Additional Outlet Reconnection Charge Studio and Equipment Usage Noncommercial Users Studio Product Time Supervision and Instruction Leased Channel Costs System Playback Costs Editing Costs Coruercial Users Studio Product Time Remote Production Time Supervision and Instruction Leased Channel Costs System Playback Costs Editing Costs Installation Charge Monthly Rate Cost Plus 7.50/subscriber Cost Plus 3.00 $15.00 0 30 minutes allocated, no charge for first 10 minutes of tape recording if complete in 30 minute period, $0.25 per minute for taping over 10 minutes within 30 minute period, $0.35 per minute within next hour, $0.50 per minute within next hour. No Charge Negotiated No Charge No Charge $90.00 per hour Negotiated Hourly Rate + 20% Negotiated $45.00 per hour $20.00 per hour Section 2. This Ordinance shall become effective upon its final passage, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *. Passed by the Passed by the Passed by the City Commission First Reading February 8, 1982 City Commission Second Reading February 8, 1982 City Commission on Third and Final Reading February 22, 1982 ATTEST; ,),(4.0 L Adelaide R, Tucker City Clerk • ORDINANCE NO. 40-82-12 AN ORDINANCE AMENDING ORDINANCE NO. 40-80-11, THE SAME BEING THE ORDINANCE WHICH GRANTED A NON-EXCLUSIVE FRANCHISE TO COX CABLE OF JACKSONVILLE BEACHES, INC., TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF ATLANTIC BEACH; AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE. WHEREAS, the Jacksonville Beaches CATV Board did on February 4, 1982, consider a request by Cox Cable of Jacksonville Beaches, Inc. to amend Ordinance No. 40-80-11 known and cited as the Cable Television Franchise Ordinance; and WHEREAS, said request by Cox Cable of Jacksonville Beaches, Inc. to remove ad- vertising rates from the Cable Television Franchise Ordinance was considered by the Jacksonville Beaches CAI'V Board; and WHEREAS, the Jacksonville Beaches CATV Board did agree to recommend to their respective beach cities that Section 9, Subsection A: Rates and Charges, be amended to delete advertising rates and charges; 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 amend said ordinance NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS; Section 1. That Ordinance No. 40-80-11 and Section 9, Subsection A, thereof be amended and henceforth shall read as follows: Section 9: Rates and Charges - A. Initial Rates and Charges. Grantee shall provide service at the -initial rates and charges enumerated below. Installation Monthly Residential Service Charge Rate Basic Cable TV Service -First Outlet $15.00 $7.50 Basic Cable TV Service-Addtl Outlets (ea) 7.25 3.00 Reconnection Charge 15.00 0 FM Outlet (without cable I'V service) 15.00 5.00 FM Outlet (with cable TV service) 0 3.00 Home Box Office 15.00 7.25 Take 2 15.00 4.00 CothL,ercial and Apartment Service First Outlet - Single Bill Cost Plus 5.00/subscriber ORDINANCE NO. 40-80-11 AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COX CABLE OF JACKSONVILLE BEACHES, INC., TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF Atlantic BEACH; AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE. SECTION 1: SHORT TITLE This ordinance shall be known and may be cited as the "Cox Cable of Jacksonville Beaches,Inc. Cable Television Franchise Ordinance". SECTION 2: INTENT WHEREAS, the City of Atlantic Beach pursuant 40-79-9 s to Ordinance No.amended byis authorized to grant one or more non- 4U-80-170-- exclusive on- 4U-80-1Oexclusive revocable franchises to operate, construct, maintain and reconstruct a cable television system within the City, and; WHEREAS, the City has solicited applications for a cable television franchise on a competitive basis, and after due evaluation of the applications recieved, and after public hearings, the City has determined that it is in the hest interest of the City and its residents to grant a franchise to Cox Cable of Jacksonville Beac"ies; Inc. NOW, THEREFORE, the City (hereinafter also known as the Grantor) hereby grants to Cox Cable of Jacksonville Beaches, Inc. (hereinafter the Grantee) a cable television franchise in accordance 40-79-9 as amended with the provisions of Ordinance No. by 40-80-10 and this ordinance. SECTION 3: GRANT OF FRANCHISE A. Cox Cable of Jacksonville Beaches, Inc., (Grantee) is hereby granted a non-exclusive revocable franchise to construct, operate, maintain and reconstruct a cable television system within the present and future limits of the City (Grantor). The franchise is granted subject to the requirements contained in Ordinance No. 40-79-9 as amended by 40-80-10 and the provisions set forth herein. B. Grantee acknowledges and accepts the right of Grantor to issue a franchise and Grantee agrees it shall not now or at any time hereafter challenge this right in any way or in any City, State or Federal Court. C. Grantee acknowledges and accepts the right of Grantor to delegate regulatory powers to the Jacksonville Beaches CATV Board, which was created by the Cities of Atlantic Beach, Jacksonville Beach and Neptune Beach in an Interlocal Agreement dated March 12, 1979, -2- and Grantee agrees it shall.not now or at any time hereafter challenge this right in any way or in any City, State or Federal court. D. The effective date of the franchise shall be the date that Grantee shall file with the City Clerk a written, signed and notarized acceptance of all terms and conditions of the frar- chise. The franchise shall be null and void unless this acceptance shall be filed within thirty (30) days after final passage of this ordinance. E. The term of the franchise shall be fifteen (15) years from the effective date, at which time it shall expire and be of no force and effect, provided that Grantor may renew the fran- chise in accordance with the provisions of Ordinance No. 40-79-9 as• amended by 4U8Th 10. SECTICN 4: DEFINITIONS All words, terms, phrases and their derivations shall 40-79-9 as amended have the meanings set forth in Ordinance No. by 40-80-10 SECTICN 5: GENERAL REQUIREMENTS A. Grantee shall comply with the requirements of this 40-79-9 as amended ordinance and Ordinance No . by 40-80-10 , and all offerings con- tained in Grantee's franchise application. In the event of any conflict the provisions of this ordinance shall first govern, 40-79-9 as amended followed by the provisions of Ordinance No. by 40-80-10 • B. Advance on Franchise Fees. In recognition of Grantor's regulatory costs during system construction, Grantee shall initiate franchise fee payments to Grantor upon the effective date of the franchise at the minimum rate of two thousand dollars ($2,000) per year. These payments are to be considered advances of payments due in later years and shall be credited in future years to those franchise fees that exceed two thousand dollars ($2,000) per year. Such advance fees shall not be recoverable from the Grantor in the event that the aggregate of future franchise fees do not exceed the total amounts of the advances. -3- C. Security Fund.' (1) Within thirty (30) days after the effective date of the franchise, the Grantee shall deposit into a bank acocunt, established by the City and maintain on deposit through the term of this franchise, the sum of five thousand dollars ($5,000), as security for the faithful performance by it of all the provisions of this franchise, and compliance with all orders, permits and directions of any agency of the Grantor having jurisdiction over its acts or defaults under this contract, and the payment by the Grantee of any claims, liens and taxes due the Grantor which arise by reason of the construction, operation or maintenance of th€: system. (2)Within thirty (30) days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to subdivision (3) of this section, the Grantee shall deposit a sum of money sufficient to restore such security fund to the original amount. (3) If the Grantee fails, after ten (10) days notice to pay to the City an taxes due and unpaid; or, fails to repay to the City, within such ten (10) days, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the company in connection with this franchise; or fails, after thirty (30) days notice of such failure by the City to comply with any provision of the franchise which the City reason- ably determines can be remedied by an expenditure of the security, the City may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the Grantor shall notify the Grantee of the amount and date thereof. (4) The security fund deposited pursuant to this section shall become the property of the Grantor in the event that the franchise is cancelled by reason of the default of the Grantee or revoked for cause. The Grantee, however, shall be entitled to the return of such security fund, or portion thereof, as remains on deposit at the expiration of the term of the franchise, or upon termination of the franchise at an earlier date, provided that there is then no outstanding default on the part of the Grantee. During the term of the franchise the fund shall be maintained in an interest bearing account with interest payable to the Grantee. (5) The rights reserved to the Grantor with respect to the security fund are in addition to all other rights of the Grantor whether reserved by this contract or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the Grantor may have. D. Recovery of Franchise Costs. Grantee, within sixty (60)days after the effective franchise date, shall reimburse Grantor for costs incurred during the franchise process to the extent not recovered by application fees. Grantor shall provide Grantee with an itemization of costs. SECTION 6. CONSTRUCTION REQUIR.E1ENTS A. Underground Construction. Grantee shall install all cable plant of the cable television system underground. Grantee shall notify the City sufficiently in advance of installation to permit City review and approval of all cable routing and equipment location. B. Construction Schedule. Grantee shall complete system construction and offer service to residents of the City within eighteen (18) months after the effective date of the franchise. C. Penalties for' Delay in Construction. Grantor may, at its sole option, apply any or all of the following in connection with delays in system construction; (1) Reduction in the term of the franchise by one year for each three month delay exceeding the schedule of B. above. (2) Forfeiture of seven hundred fifty dollars ($750) per day for construction delays exceeding the schedule of B. above. (3) Revocation of the franchise for delays exceeding the schedule of B. above by one year. The Board may extend these construction requirements if, in its sole discretion, the Board determines that the grantee has, after acting in good faith, experienced delays caused by inclement weather conditions. Weather shall be the only circumstance under which the Board may grant an extension. D. Richt of Inspection of Construction. Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions E, Initial Service Area. Grantee shall provide at standard installation charges to all City residents in of law. service areas with a density of thirty (30) or more dwelling units per street -mile. F. Line Extension Policy. Grantee shall extend service at standard installation charges to low density areas within six(6) months after reaching a density of thirty (30) or more dwelling units per street mile,. Residents of lower density areas may request service and shall be provided service at installation charges based upon a pro -rata share of incremental construction costs. SECTION 7. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS A. System Configuration. The cable television system shall consist of at least two interconnected networks, a residential, or "A" Cable, network and an institutional, or "B" Cable, network. Both networks shall provide activated bidirectional communications capability in their initial configurations. B. Channel Capacity. The cable television system shall be installed to deliver signals at frequencies up to four hundred (400) Megahertz (MHz), with specific channel capacities as indicated below. Cable Network Signal Direction Residential (A) Residential (A) Institutional (B) Institutional (B) Outbound Inbound Outbound Inbound Signal Frequency Range 54-400 MHz 5-30 MHz 174-400 MHz 5-108 MHz Channel Capacity 54 plus FM band 4 plus data 37 plus data 17 plus data C. Institutional Network. The institutional network shall provide transmission and reception connections, capable of carrying video, voice or data signals, to the following institutions, as a minimum. ° Governmental Facilities Atlantic Beach -- City Hall -- Fire/Police Station -- County Tax Collector Neptune Beach -- City Hall -- Fire/Police Station Jacksonville Beach -- Municipal Building -- Police Station -- Fire Station - - Auditorium - Beach Hospital -- Health Dept. -- Life Guard Station - - Post Office TAbrar' 0 Schools Fletcher High School Fletcher Jr. High School Atlantic Beach Elementary San Pablo Grade School St. Paul's by the Sea Jacksonville Beach Seabreeze Elementary St. Paul's Catholic Beaches Chapel D. Cablecasting Facilities. Grantee shall provide a cable - casting studio within the service area, capable of full-color local origination and access cablecasting. The studio equipment list shall be as indicated in Exhibit 1, or equivalent. Grantee also shall provide mobile facilities for access channel signal origination at various locations. The mobile facilities shall include the items listed in Exhibit 2, or equivalent. E. Satellite Earth Stations. Grantee shall provide a minimum of two (2) satellite earth stations no later than the date of system construction completed. F. Emergency Override. Grantee shall provde an emergency audio override capability to permit Grantor to interrupt and cable - cast an audio message on all channels simultaneously in the event of disaster or public emergency. G. Standby Power. Grantee shall provide standby power for emergency operation of the cable television system for a period of at least twenty-four (24) hours in the event primary commercial power is interrupted. H. Parental Control Lock. Grantee shall provide subscri- bers, upon request, with a parental control locking feature that permits inhibiting the viewing of premium channels. -8- I. Status Monitoring. Grantee shall provide an automatic status monitoring system as an integral part of the residential cable network, to locate faults more quickly and improve cable system reliability. J. Technical Standards. The Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards), shall apply. However, because of the recent development of interactive and other innovative services, modifications of FCC standards, as presented in the specifications below, are considered as necessary to meet system service objectives. Applicable Technical Standards (1) Forward Signals - Class I Channels The system shall be capable of carrying 54 Class I Television Channels and the full FM broadcast band. The combined forward trunk and distribution system shall deliver signals to each subscriber's TV receiver that will meet or exceed the following specifications at the mean .system temperature ± 50°F. This shall include the effects of drop cables, interior splits, and any terminal equipment such as descramblers and set top converters. A. Peak to Valley response, 54-400 MHz 4 dB B. Peak to Valley, any 6 MHz Video Channel 1.0 dB C. Carrier to Noise, 4 MHz, bandwidth 44 dB D. Cross Modulation Ratio 51 dB E. Carrier to Hum Ratio 40 dB F. Carrier to Composite Triple -Beat 55 dB G. Carrier to Discrete Triple Beat (CW Carriers) 58 dB H. Carrier to Second Order Beat 60 dB I. Chrominance-Luminance Delay Distortion (All Channels) + 150 ns J. Carrier to Echo Ratio (greater than 2 microseconds displacement) 40 dB K. Differential Gain 0.5 dB L. Differential Phase 1 degree M. Customer Signal Levels - the signal level delivered to the customers' TV receiver, except as modified by peak to valley 0 dBmV Min. specifications +10 dBmV Max. N. Level Differential between adjacent channels 3 dB Max. -9- 0. FM levels shall be essentially uniform and carried at approximately the same level as the Channel 6 Sound Carrier. P. Isolation Between Subscribers. In any event, sufficient isolation shall be provided to prevent interference between ' terminal equipment and other portions of the system. 20 dB Max. (2) Reverse Signals The reverse channels of both the residential and institutional networks shall have the capability of providing return signals from each subscriber tap to the extreme end of any area without noticeable signal degradation or interference. A. The system capability shall include transmission of color video, black and white video, and both low and high speed data, whether analog or digital. B. If necessary to prevent the build=up of noise and distortion products, the area shall be divided into sections, and sub -trunks run to a central hub within the area. Equivalent alternatives such as addressable taps or switches may be utilized. • C. No more than + 54 dBmV output level shall be required out of any customer modem to meet the system specifications. D. Where applicable, the end of the system specifications shall include the effects of any signal reprocessing equipment necessary to achieve forward transmission. E. For Class I signals, the signal delivered to the subscribers' TV receiver, after being transmitted to the headend, processed and retransmitted down a forward channel shall meet the specifications of (1) above. K. Performance Testing. Grantee shall perform all tests necessary to determine compliance with the technical standards of FCC 76.601. Tests shall include the following: Initial Proof of Performance Annual Compliance Tests Tests in Response to Subscriber Complaints Monthly Monitor Tests Written records of test results shall be maintained, and shall be available for Grantor inspection upon request. —10— SECTION 8: SERVICE AND PROGRAMMING REQUIREMENTS A. Initial Services and Programming. Grantee shall provide initial services and programming as follows: (1) Basic Television Service. This service shall include: (a) Carriage of four (4) Jacksonville television broadcast stations, WJXT, Channel 4; WJCT, Channel 7; 1JTLV, Channel 12; 1JJKS, Channel 17, and one Gainesville station, WUFT, Channel 5. (b) Carriage of at least two imported television broadcast stations, 'WTBS, Channel 17, Atlanta (full-time) and either of WGN, Channel 9, Chicago or WOR, Channel 9, New York. (c) Carriage of at least thirteen (13) programs delivered via communications satellite, including the following: Christian Broadcasting Network, People That Love, Nickelodeon, Madison Square Garden Sports, Cable Satellite Public Affairs Network, Entertainment and Sports Programming Network, Satellite Program Network, Thursday Night Baseball, United Press International Newstime, Calliope, Cable News Network, Total Communications System Satellite Network, Public Service Satellite Consortium. (d) Carriage of at least thirteen (13) automated. programs including National News, Financial News, Sports News, Senior Citizens Bulletin Board, Cultural Events Calendar, Program Guide, Employment Opportunities, Consumer Shopping Guide, Swap and Shop Services, Municipal Bulletin Board, Community Bulletin Board, School System Bulletin Board, Weather Service (including Radar Weather, National Oceanographic and Atmospheric Administration Weather, and Storm Alert Service). (e) Carriage of at least ten (10) local cablecast channels including Local Origination, Movie Channel, Public Access, Government Access, Educational Access, Health Services Access, Library Access, Religious Access, Cultural Access, Leased Access. (fl Network Fill Service. This service shall include the provision of imported signals from distant television stations affiliated with the three broadcasting networks, American Broadcasting Company, Columbia Broadcasting System and National Broadcasting Company, so that any individual network program preempted by a Jacksonville television station in favor of a local program can be provided from one of the imported station signals. —11— (2) Basic Radio Service. This service shall include carriage of all local FM radio stations. (3) Premium Television Service. This service shall include at least one full -range premium channel, such as Home Box Office, and one limited service, such as Home Box Office - Take Two. (4) Security Alarm Monitoring Service. This service shall include the automatic monitoring of fire, intrusion and medical alarm signals in subscribers' residences and/or businesses. (5) Institutional Network Service. This service shall include the provision of appropriate terminal equipment and the carriage of closed-circuit video, audio or data signals on a point-to-point basis over the institutional network portion of the cable television system. B. Composite Channels. Grantee may combine programming into composite channels to improve efficiency of channel utilization or to attract a larger viewing audience. C. Changes in Prograiuning. Grantee shall not reduce the number of program services without prior Grantor approval. Grantee may add new services at any time. If addition of new services is accompanied by a request for rate increases, the request shall be considered in accordance 40-79-9 as amended with the provisions of Ordinance No.by 40-80-10 _ D. Development of Institutional Services. Grantee, within 60 days after the effective franchise date, shall deposit one hundred thousand dollars ($100,000) in an escrow account at a bank within the service area. These funds shall be allocated for development of institutional services, in accordance With a development plan mutually agreeable to Grantor and Grantee. SECTION 9: RATES AND CHARGES A. Initial Rates and Charges. Grantee shall provide service at the initial rates and charges enumerated below. Residential Service Basic Cable TV Service - First Outlet Basic Cable TV Service - Add'l Outlets (each) Reconnection Charge FM Outlet (without cable TV service) FM outlet (with cable TV service) Home Box Office Take 2 Commercial and Apartment Service First Outlet - Single Bill First Outlet - Individual Bill • Each Additional Outlet Reconnection Charge Studio and Equipment Usaae Noncommercial Users Studio Product Time Supervision and Instruction Leased Channel Costs System Playback Costs Editing Costs Installation Charge $ 15.00 7.25 15.00 15.00 0 15.00 15.00 Cost plus Cost plus Cost plus 15.00 Monthly Rate $ 7.50 3.00 0 5.00 3.00 7.25 4.00 5.00/subscriber 7.50/subscriber 3.00 0 30 minutes allocated, no charge for first 10 minutes of tape recording if complete in 30 minute period, $0.25 per minute for taping over 10 minutes within 30 minute period, $0.35 per minute within next hour, $0.50 per minute within next hour. No Charge Negotiated No Charge No Charge Commercial Users Studio Product Time Remote Production Time Supervision and Instruction Leased Channel Costs System Playback Costs Editing Costs Advertising Public Service Commercial - 60 seconds Commercial - 30 seconds $90.00 per hour Negotiated Hourly Rate + 20% Negotiated $45.00 per hour $20.00 per hour No Charge $9.50 $5.50 B. Maintenance of Initial Rates. Grantee shall-not'increase the initial rates for a period of twenty-four (24) months after system completion, or forty-two (42) months after the effective franchise date, whichever is longer. The maintenance of initial rates shall include pay-cable rates, and Grantee shall not utilize FCC preemption of pay-cable rates to increase such rates prior to the expiration of the period above. C. Rate Increase Requests. Subsequent to the initial period of B. above, rate increase requests shall be submitted by Grantee to Grantor, and considered by Grantor, in accordance with the provisions of Ordinance 40-19-9 as amended No.by 40-80-10 D. Service to Public Agencies. Grantee shall provide one cable outlet to government and educational facilities at no installation_charge and no monthly service rate. Grantee shall provide at no charge a character generator to Grantor to permit entry of informational material on a governmental or coimunity access channel. Section 10. This ordinance shall take effect imediately_ upon its passage n iL n „ * `L - * /. %i iL -' * n nit j: 1'. • Passed by the City Commission First Reading -April 28; 1980; Passed by the City Comission on Second Reading April -28 3980, Passedby the City Commission on Third & Final Reading I1ay 26,.1980,, (SAL)_ -14- ArtLS 1: A.e aide P,, Inc er City Clerk EXHIBIT 1 LOCAL ORIGINATION/ACCESS STUDIO EQUIPMENT LIST 2 Sony color studio cameras with tripods and dollies 2 Sony VTR's with edit and remote control 2 Sony video tape players with remote control 1 Dynair production switcher with special effects 1 Gates vidicon tube camera with NTSC encoder and color bargenerator 1 Laird Telemedia multiplexer -3 in, 1 out, with remote controls and adapters 1 Eastman Kodak TV-16mm projector with lens 1 Laird dual carousel slide projector with lens 1 Dynair audio follow video 6x1 vertical interval switcher 1 MetroData television event display system with computer, interfaces and keyboards 1 Sony Trinitron color monitor I Conrac monochrome monitor 6 Hitachi monochrome monitors 1 CVS time base corrector 1 Tektronix wave form monitor 1 Tektronix Sync Generator 1 Shure 8 Channel audio console 1 Spotmaster cartridge player 5 Electric -Voice Lavalier microphones 1 Systematics automatic VTR including switcher and video player Camera cable - coax cable - Sony video, audio and pulse D.A.'s - audio speakers and connectors, appropriate Colortran or Kleigel lighting. —15— • EXHIBIT 2 ACCESS MOBILE UNIT EQUIPMENT LIST 2 Sony portable color cameras with CCU, tripods, dollies 2 Sony portable record/playback 3/4" VTR 1 Minicom 10x1 vertical interval switcher with AFV 1 Sony Trinitron color monitor 4 Hitachi monochrome monitors 1 Shure channel audio mixer 1 Sony color sync generator 4 Electro -Voice Lavalier microphones 1 Colortran portable lighting kit Mobile Unit(s) (Local origination) 2 Sony portable color cameras with CCU, tripods, dollies 2 Sony portable record/playback 3/4" VTR 1 Minicom 10x1 vertical interval switcher with AFV 1 Sony color sync generator 1 Sony Trinitron color monitor 4 Hitachi monochrome monitors 1 Shure channel audio mixer 4 Electro -Voice Lavalier microphones 1 Colortran portable lighting kit ORDINANCE 40-80-10 AN ORDINANCE AMENDING ORDINANCE NO. 40-79-9, BEING AN ORDINANCE KNOWN ASYHArtFNDING"JACKSONVILLE SECTI0NBEACHES ADDBNG THERETO TELE- VISION ORDINANCE"B SUBPARAGRAPH "5" T0Dh3)NE IN"ZTSI�ENTIRETYAWARD DELETINGNSEC`TlON 5 DELETING SECTION 4(F )( IN ITS ENTIRETY AND CREATING A NEW SECTION 5 TO PROVIDE FOR ADDITIONAL SYSTEM DESIGN; DELETING SECTION 6 IN ITS ENTIRETY AND CREATING A NEW SECTION 6 TO PROVIDE FOR ADDITIONAL TECHNICAL NGADNEING SECTION ITS AN ADDITIONAL AND CREATING A ATING A NEM SECTION7(F)TOPROVIDE FOR PERFORMANCE BOND. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. That Section 2 (DEFINITIONS) is amended by adding thereto: "S. Franchise AwJrd Ordinance. The ordinance granting a cable tele- vision franchise to a specific applicant, and incorporating additional terms and conditions based upon the franchise application. Section 2. That Section 4(A)(3) (EXTENSION OF SERVICE) is deleted in its entirety. Section 3. That Section 5 (SYSTEM DESIGN) is deleted and replaced by the following: "Section 5. The cable television system design and performance shall be in accordance with the provisions of the franchise award ordinance." Sect_ ion 4. That Section 6 (TECHNICAL STANDARDS) is deleted in its entirety and replaced by the following: "Section 6. The technical standards of the cable television system shall as a minimum comply with thetechnical estan arils of the FCC and in addition with the provisions ofthe Section 5. That Section 7(F) (PERFORMANCE BOND) is deleted in its entirety and replaced by the following: "Section 7(F). The grantee shall maintain and by acceptance of any performance running to the franchise hereunder agrees that it will maintain through the term of the franchise or any renewal or extension thereof a faithful p Mord by the bondrud in thetpenal Board with one (1) good and sufficient surety app sum of Two Million Dollars ($2,000,000) during system construction and reduced � to the sum of One Hundred Thousand Dollars ($$100,000)Ceaftenc� gplem etietion of and system e o upon construction conditioned upon the faithful p erformanthe further condition that in the event the grantee shall failtoescolply with any law, ordinance, or regulation governing the franchise, recoverable, jointly and severally, from the principal and surety of the bond, any damage or loss suffered by the City or the Board as a result including the of full amount of any compenan,nplusaaloreasonablecost allowanoceafoorrattorney's aban- donment of any property ofthegrantee fees and costs up to the full amount of the bond. The bond shall contain the following endorsement: It is hereby understood and agreed that this bond may not be cancelled nor the intention not to renew be stated until thirty (30) days after receipt by the Chairman of the Jacksonville Beaches CATV Board by registered mail of two (2) copies of a written notice of such intent to cancel or not renew. Two (2) copies of all bonds shall be filed and maintained with the Board during the term of any franchise granted hereunder or any renewal thereof." Section 6. All ordinances and parts of ordinances in conflict here- with are hereby repealed. Section 7. This ordinance shall take effect immediately upon its passage. Passed by the City Commission on First Reading April 28, 1980 Passed by the City Commission on Second Reading April 28, 1980 Passed by the City Commission on Third & Final Reading May 26, 1980 (SEAL) ATTEST: Adelaide R. Tucker City Clerk § 105 The Charter § 109 Sec. 105. Counting the vote. Candidates shall not be nominated to succeed any particular city commissioner; but if only one city commissioner is removed at such election, the candidate at such election receiving the highest number of votes shall be declared elected to fill the va- cancy until the next general election; and if more than one city commissioner is re- moved at such election the candidates at such election with the highest number of votes, equal in number to the number of city commissioners removed shall be de- clared elected to fill the vacancies until the next general election. Sec. 106. Effect of resignation. No proceedings for the recall of all the members of the city commission at the same election shall be defeated in whole or in part by the resignation of any or all of them, but upon the resignation of any of them, the city commission shall have the pow- er to fill the vacancy until a successor is elected, and the proceedings for the recall and election of successors shall continue and have the same effect as though there had been no resignation. Sec. 107. Miscellaneous provisions. Except as herein otherwise provided, no petition to recall any city commissioner shall be filed within six months after he takes office. The city clerk shall preserve in his office all papers comprising or connected with a petition for a recall for the period of one year after the same were filed. The method of removal herein provided is in addition to such other methods as are or may be provided by general law. Sec. 108. Offenses relating to petitions. No person shall falsely impersonate another, or purposely write his name or residence falsely, in the signing of any petition for recall, or forge any name there- to, or sign any such paper with knowledge that he is not a qualified elector of the city. No person shall sign, or knowingly permit to be signed, any petition for recall at any place other than that designated by the city clerk.. Any person violating any of the pro- visions of this section shall be deemed guilty of a misdemeanor and shall, upon con- viction, be fined in any sum not to exceed five hundred dollars, and costs of prosecu- tion, and may be imprisoned for not exceeding sixty days, or both, at the discretion of the municipal court. The foregoing provisions shall not be held to be exclusive of, but in addition to, all laws of the state prescribing penalties for the same offenses or for other offenses relating to the same matter. Article XII. Franchises. Sec. 109. Granting of franchises. The city shall have power to grant a franchise to any private or public enter- prise for the use of streets and other public places in the furnishing of any public service or utility service to the city and its inhabitants. All franchises and any re- newals, extensions and amendments thereto shall be granted only by ordinance, and 35 10-79 § 110 Atlantic Beach City Code § 113 under such limitations as may be provided by laws of the State of Florida. If the proposed franchise is for fifteen years or more, the ordinance approving said fran- chise shall not be effective unless it is approved at a referendum in the same man- ner provided in this chapter for the approval of the issuance of bonds. (Ord. No. 40-79-8, § A.) Sec. Article XIII. Tax Administration. 110. Property subject to tax; method of assessment. All property within the city not expressly exempted by law shall be subject to an- nual taxation at its full cash value. The assessor shall begin the work of assessing all property on and as of the first day of January of each year. On or before the first day of July of each year, he shall present to the city treasurer an assessment roll of the property taxable within the city, together with a true copy thereof to be known as the assessor's duplicate. The city treasurer shall make the assessment roll avail- able for public inspection during the period from the first day of July to the first day of August. Sec. 111. Board of assessment review: Appointment; vacancies. There shall be a board of assessment review to consist of three members who shall be appointed by the city commission for a term of three years, except that of those first appointed one shall be for a term of two years and one for a term of one year, at such salary as may be determined by the commission. Vacancies in the membership of such board shall be filled by appointment by the commission for the unexpired term. Sec. 112. Board of assessment review: Qualifications. (a). All members of such board shall be selected upon the basis of their knowl- edge of the subject of taxation and property values and shall at the time of their ap- pointment have been residents of the city for at least two years immediately preced- ing and shall continue as residents during their terms of office. If a member of such board shall cease to be a resident his office shall thereby become vacant. (b). No member of the board shall hold any elected public office. Sec. 113. Board of assessment review: Powers and duties. The board of assessment review shall have the power to: (1) Review on complaint of property owners assessments for the purpose of tax- ation of property within the city made by the city assessor. (2) Administer oaths. (3) Take testimony. 36 10-79 The Charter § 117 (4) Hold hearings. (5) Adopt regulations regarding the procedure of assessment review. Such board shall annually choose from its membership a chairman and secretary, except that in lieu of one of the members of such board serving as secretary the com- mission may authorize such board to appoint either a full-time or a part-time nonmem- ber secretary and to fix his compensation. Such board shall have power within the limits of its budget appropriation to employ such other necessary clerical assistance and to employ or contract for such technical assistance as may be necessary from time to time in the performance of its duties. The board shall be required to keep an accurate record of all its proceedings, which shall be available for public inspection. Sec. 114. Public hearings on complaints. Beginning the second day of July of each year and as long thereafter as may be necessary the board ofassessment review shall hear and determine the complaint of any person in relation to the assessment roll. Complaints to the board of assessment review shall be in writing and under oath, but the procedure before such board shall be informal and of a nature calculated to effect equalization and justice as simply as possible. Hearings upon complaints shall be held in the order received and as prompt- ly after the filing thereof as possible and the determination of the board of assessment. review shall be made within twenty days after such filing. Such determination shall be immediately certified by the secretary of the board to the city assessor, whose du- ty it shall be to make such corrections upon theassessment roll and duplicate as the board may determine. The city assessor shall thereupon immediately certify the as- sessment roll s=sessment-roll and duplicate and deliver the, same to the city treasurer. Sec. 115. Appeal to courts. Appeal from the determination of the board of assessment review may be, taken to a court of competent jurisdiction not later thanthirty days after certification to the city assessor. Sec. 116. City treasurer's bond. The city treasurer shall, before the delivery to him of the assessment roll, and at the discretion of the commission, give a surety bond for such amount as they may fix, for the faithful performance of his duties. Extension of tax for current year on assessment roll. After adoption of the current budget by the commission in accordance with the procedure prescribed in article VI of this Charter and the determination thereby of the amount to be raised by taxation, the city treasurer, upon receipt of the assess- ment roll and duplicate from the city tax assessor shall cause to be extended on the assessment roll and duplicate the amount of tax computed upon each assessment at the rate necessary to raise the required amount. In each case where the extension is less than one dollar said extension shall be one dollar. 37 § 118 Atlantic Beach City Code § 123 Sec. 118. Preparation and delivery of tax bills. As soon as the duplicate is delivered to the city treasurer, he shall at once be- gin the work of preparing, completing and mailing or otherwise delivering tax bills to the owners of property assessed so far as such owners are known and shall com- plete such work on or before the first day of October. The validity of any tax or the time at which the same shall be payable shall not be affected by the failure of the treasurer to mail or otherwise deliver a tax bill. Sec. 119. Delinquent installments. No amounts received for taxes shall be applied to any current year's taxes until all previous year's taxes have been paid. 120. Description of tax bill. Each tax bill shall contain a brief description of the property; a statement of the valuation of the property against which the tax is levied, the full amount payable and the discount available for prompt payment. Sec. 121. Taxes: When payable. All taxes shall be due and payable on the first day of November in each year, or as soon thereafter as the assessment roll may come into the hands of the city treas- urer, of which he shall give notice by publication once a day for four consecutive days in some newspaper published in Duval County, Florida, or by posting said notice in the City Hall and two other public places in said city, and taxes remaining due and unpaid on the first day of April thereafter shall be enforced as hereinafter in this Charter provided, and interest at the rate of twelve percent per annum from the first day of April shall be added thereto and collected The sPrne discounts shall be al- lowed on tax payments due the city as are allowed on tax payments due counties under the general statutes of the State of Florida. Sec. 122. Constitute a lien. Taxes and assessments together with the interest imposed for delinquencies and cost of collection shall be and continue a lien upon the property assessed, superior to all other liens or claims, until the same shall be paid. Sec. 123. May issue distress warrants. The city treasurer shall have power to issue distress warrants in the name of the state and city to enforce collection of taxes on personal property and privileges. Such warrants may be executed by the chief of police or any constable or sheriff, according to the method provided by law for the collection of state and county taxes lawfully assessed on personal property. 38 § 124 The Charter § 125 Sec. 124. Collection of taxes. The city treasurer shall, unless otherwise provided, proceed substantially in the same manner in the collection of taxes on personal property and privileges as is provided by state law for the collection of state and county taxes assessed on such property. If the taxes on real estate shall not be paid before the first day of April of any year, the city commission may require the city clerk at any time thereafter, to make from the assessment roll a separate copy of any assessment thereon remaining un- paid, showing the assessment of any lot, parcel or tract of land as the same appears from the city assessment roll, which he shall certify to be a true and correct copy from the city assessment roll of the assessment of the lot, parcel or tract therein described, and deliver same to the attorney at law selected by the city commission for the collection, which certificate shall be prima facie evidence of the contents of the assessment roll and of the levies made thereon, in all suits to enforce the pay- ment of the lien for such taxes or assessments as may appear in the said copy. The attorney charged with the collection of any such tax may thereupon prepare and file in the office of the clerk of the circuit court of Duval County, Florida, a suit in chan- cery in the name of the city, alleging the city's claim of lien against such real estate, and he shall name as parties defendant to said suit, the parties names as owners of such real estate on the copies from the city's assessment roll so certified to him, and such other persons as the attorney may know or have satisfactory reason to believe to be the owner of or interested in such real estate, or to have any right thereto, or lien thereon, and the city's claim' and lien for taxes and assessments shall be by the said court enforced by decree and sale of the property against which a lien is found to exist, as other liens are enforced in chancery. The taxes or assessments on any number of different tracts, pieces or parcels of land may be collected in one suit, as the attorney for the city may determine. Upon a collection of moneys due the city, payment shall be made, first, of all court posts, including the cost of abstracts, clerks' sheriff's and master's and advertis- ing fees; second, of the amount due the city for taxes and interest, and last, reason- able attorney's fees in connection with the collection of said tax to be fixed by the court in its decree. Sec. 125. Licenses. The city commission is authorized to levy and impose license taxes by ordinance, for the purpose of regulation and revenue, upon all occupations, and upon any and all privileges, and to create and fix the amounts to be paid; to provide for the collection of the same, and to provide penalties for failure or refusal to pay such license taxes. All such license taxes, so imposed, shall constitute a legal indebtedness to the city, which may be recovered in any court of competent jurisdiction.- The city commission nay, by ordinance, provide for licensing the keeping of dogs, and for the destruction of dogs, the owner and keeper whereof shall not comply with the regulations pre-- scribed re-scribed by ordinance in effect thereto, and for the punishment of persons violating the ordinances on this subject. 39 § 126 Atlantic Beach City Code § 129 Sec. 126. Period covered by licenses. Licenses shall be issued for the periods and be transferrable as provided by or- dinances. The agent or agents of nonresident proprietors shall be severally respon- sible for carrying on business in like manner as if they were proprietors. The fact that any person, firm or corporation reporting himself or itself as engaged in any business calling, profession or occupation for the transaction of which a license is required, or that person, firm or corporation exhibiting a sign or advertisement in- dicating engagement in such business calling, profession or occupation, shall be con- clusive evidence of the liability of such person, firm or corporation to pay a license. Article XIV, Zoning. Sec. 127. The city may regulate building, density of popula- tion, and the location and use of buildings, structures and land and water. For the purpose of promoting health, safety, morals, or the general welfare of the city, the city may regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes. Wherever the city commission shall elect to exercise any of the powers granted to it under this article, said powers shall be exercised in the manner hereinafter pre- scribed. Sec. 128. Division of city into districts for purposes of regulation. For any and all said purposes the city commission may divide the corporate area of the city into districts of such number, shape, and area as may deemed best suited to carry out the purposes of this article; and within such districts it may regu- late and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. All such regulations shall be uniform for each Glass or kind of building throughout each district, but the regulation in one district may differ from those in other districts. Sec. 129 Purposes in view in making regulations. Regulations shall be made in accordance with a comprehensive plan .and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dan- gers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facil- itate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consider- ation, among other things, to the character of the district and its peculiar suitability 40 § 130 The Charter § 133 for particular uses, and with a view to conserving the value of buildings and encour- aging the most appropriate use of land throughout the city. Sec. 130. City to provide procedure; regulation, restriction or boundary not effective until after public hear- ing thereon; publication of notice of hearing re- quired. The city commission of said city shall provide for the manner in which such reg- ulations and restrictions and the boundaries of such districts shall be determined, es- tablished, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in a newspaper in general circulation in the city. Three notices shall be published in at least three conspicuous places within the city including the City Hall. Sec. 131. Regulation, restriction and boundary subject to change or repeal; protest of change; vote re- quired to effect change over protest; pubIica- tion of notice of change required. Regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, or repealed. In case, however, of a protest against such change signed by the owners of twenty percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear there- of extending five hundred feet therefrom, or of those directly opposite thereto extend- ing five hundred feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three-fourths of the city commission of said city. The provisions of section 130 relative to public hearings and official notice shall apply equally to all changes or amendments. pec. 132. Zoning commission. The city commission shall appoint a commission, to be known as the zoning com- mission, to recommend the boundaries of the various original districts and appropri- ate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the city commission shall not hold its public hearings or take action until it has received the final report of such commission. Sec. 133. Board, of adjustment. The city commission may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this arti- cle may provide that the said board of adjustment may, in appropriate cases and sub- ject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purposes and intent and in accordance with general or specific rules therein contained, 41 § 134 Atlantic Beach City Code § 138 Sec. 134. Members of board of adjustment. The board of adjustment shall consist of five members each to be appointed for a term of three years and removable for cause by the city commission upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Sec. 135. Proceedings of board of adjustment. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this article. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of wit- nesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its exam- inations and other official actions, all of which shall be immediately filed in the of- fice of the board and shall be a public record. Sec. 136. Appeals. Appeals to the board of adjustment may be taken by any person aggrieved or by an officer or bureau of the city commission affected by any decision of the adminis- trative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Sec. 137. Stay of proeeec ings An appeal stays all proceedings in furtherance of the action appealed from, un- less the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and prop- erty. In such case proceedings shall not be stayed otherwise than by a restraining order which may granted by the board of adjustment or by a court of record on ap- plication, on notice to the officer from whom the appeal is taken and on due cause shown. Sec. 138. Hearing of appeal; notice required. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in per- son or by agent or by attorney. 42 § 139 The Charter § 142 Sec. 139. Powers of board of adjustment. The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in order, re- quirement, decision or determination made by an administrative official in the en- forcement of this article or of any ordinance adopted pursuant thereto. (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in un- necessary hardship, nnecessary>hardship, and so justice done. Sec. 140. Decision of board. In exercising the above mentioned powers, such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concur- ring vote of four members of the board shall •be necessary 'to reverse any order, re- quirement, decision or determination of any such administrative official, or to decide, in favor of the applicant on any matter upon which it is required to pass under any ouch ordinance, or to effect any variation in such ordinance. Sec. 141. Petition may be presented to a court of record within thirtydaysafter filing of decision of board setting forth illegality. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the city commission, may present to a court of record a petition, duly verified, petting forth that such decision is illegal, in whole or in part, specifying the grounds pf the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. Sec. 142. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and perved upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. 43 § 143 Atlantic Beach City Code § 147 Sec. 143. Return of writ. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The returnshall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. Sec. 144. Decision of the court; it may take evidence or appoint a referee. lf, upon the hearing, it shall appear to the court that the testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or af- firm, wholly or partly, or may modify the decision brought up for review. Sec. 145. Costs. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the de- cision appealed from. Sec. 146. Enforcement of ordinance or regulations under this article; penalties for violation. The city commission may provide by ordinance for the enforcement of this arti- cle and of any ordinance and regulation made thereunder, and may provide for the punishment of any violstion thereof her fine or imprisonment or both, and also may provide civil penalties for such violation. Sec. 147. Legal proceedings may be instituted in addition to other remedies provided for violation of article. In case any building or structure if erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used in violation of this article or if any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the city commission, in addition to other remedies, may institute any appropriate action or proceedings to pre- vent such unlawful erection, construction, reconstruction, alteration,, repair, conver- sion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, land or water, or to prevent any illegal act, conduct, business, or use in or about such premises. 44 ORDINANCE NO. 15-83-5 AN ORDINANCE AMENDING ARTICLE XV SECTION 149 OF THE CHARTER OF THE CITY OF ATLANTIC BEACH BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA THAT ARTICLE XV, SECTION 149 BE AMENDED AS FOLLOWS: Section 1. Revenue Bonds and Certificates. The City of Atlantic Beach is hereby authorized to issue and sell from time to time, revenue bonds of said City of such denominations and becoming due at such times that upon such conditions as may by ordinance be determined. Such revenue certificates shall be issued for such municipal purposes as may be provided by ordinance. Said ordinance shall state the purpose for which the proceeds of each such issue of revenue bonds are to be used. Section 2. This ordinance shall take effect immediately upon its passage. Passed by the Passed by the Passed by the (SEAL) City Commission on City Conmiission on First Reading June 13, 1983 Second Reading June 13, 1983 City Commission on Third and Final Reading June 27, 1983 ATTEST: Adelaide, R. Tucker, City Clerk 0 148 The Charter § 150 Article XV. Issuance of Bonds. Sec. 148. General obligation bonds. The City of Atlantic Beach is hereby authorized to issue and sell, from time to time, bonds of said city, of such denominations, bearing such rate of interest, not exceeding six (6) percent per annum, becoming due at such times and upon such con- ditions as may by ordinance be determined, which bonds shall be used for such mu- nicipal purposes as may be provided by ordinance, and for the payment of which bonds and the interest thereon the entire taxable property in said city shall be thereby pledged; provided, that before the issuance of said bonds, the issuance of the bonds then proposed to be issued shall be provided for by ordinances, expressing in general terms the purposes for which the proceeds of such issues of bonds are to be used, and subsequently approved by a majority of the freeholders who are qualified electors residing in said city shall participate. The question of the issuance of such bonds may be submitted from time to time, and said bonds for the several purposes pro- vided for by ordinance shall be voted upon separately for each purpose. For the payment of said bonds and the interest thereon, and to provide a sinking fund therefor, the entire taxable property of said city shall be pledged by the ordi- nance providing for the issuance of said bonds, and the city commission shall levy annually such special tax on the taxable property within the corporate limits of said city as may be necessary to pay the interest on said bonds and to provide a sinking fund for the payment of said bonds. The election herein provided for shall be held, the canvass and returns made in the manner provided by the laws of Florida for the calling and holding of elections for the approval of the issuance of bonds by counties, districts and municipalities, of the State of Florida, in compliance with section 6, article IX of the Constitution of the State of Florida as amended. Sec. 149. Revenue bonds and certificates. The City of Atlantic Beach is hereby authorized to issue and sell from time to time, revenue certificates of said city of such denominations and bearing such rate of interest not exceeding six (6) percent per annum, and becoming due at such times and upon such conditions as may by ordinance be determined. Such revenue certifi- cates shall be issued for such municipal purposes as may be provided by ordinance. Said ordinance shall state the purpose for which the proceeds of each of such issues of revenue certificates are to be used, and shall provide that only the revenue of the particular utility and facility of said city to be constructed or improved shall be pledged for payment of said revenue certificates. Sec. 150. Combination general obligation and revenue bonds. The City of Atlantic Beach is hereby authorized to issue and sell, from time to time, bonds of such denominations, bearing such rate of interest not exceeding six (6) percent per annum, becoming due at such times and upon such conditions as may by ordinance be determined, which bonds shall be used for such municipal purposes 4s may be provided by ordinance, and for the payment of which bonds and the interest 45 § 151 Atlantic Beach City Code § 153 thereon the entire taxable property in said city may thereby be pledged and in addi- tion, the revenue of the particular utility or facility of said city to be constructed or improved may be pledged for the payment of said bonds. Provided, however, that before the issuance of said bonds the issuance of the bonds then proposed to be issued shall be provided for by ordinance expressing in general terms the purposes for which the proceeds of such issues of bonds are to be used and subsequently approved in an election held and in the manner, and in conformity with, and meeting the requirements of each section hereof. For the payment of said bonds, issued pursuant to and under this section, and in- terest thereon, and to provide a sinking fund therefor, the city commission shall levy annually such special tax on the taxable property within the corporate limits of said city, which together with said revenues available for that purpose, shall be sufficient to pay the interest on said bonds and to provide a sinking fund for the payment of said bonds. Article XVI. Municipal Court and Department of Law. Sec. 151. Municipal court. There shall be a municipal court, presided over by the municipal judge who shall be appointed by and serve at the pleasure of the city commission. The municipal court shall be known as the Municipal Court of the City of Atlantic Beach, Florida. Sec. 152. Sickness, absence or disqualification of municipal judge. In the event of the absence, sickness, disqualification or other inability of the municipal judge to serve, the mayor -commission or some other person designated, by the city commission, shall have allthe power di, perform all:theti e duties of said mu- nicipal judge during such sickness, absence, disqualification or other inability. ec. 153, Powers. The municipal judge shall have the power: (1) By his warrant to have brought before him any person or persons charged with violation of the city ordinances, and shall have exclusive original jurisdiction over all proceedings of a criminal nature for the violation of any ordinance of the city; (2) Within the jurisdiction herein conferred, to issue and cause to be served any and all writs and processes such as are issued and used by justices of the peace in the State of Florida; (3) To fix bail for the appearance of an accused person; (4) To declare estreated bond or security given in bail for such persons as fail to appear in answer to accusations against them; 46 § 154 The Charter § 156 (5) To require the attendance of witnesses for both the city and the accused; (6) To administer oaths and take affidavits; (7) To inquire into the truth or falsity of all charges preferred and to decide as to the guilt or innocence of the accused; (8) To fix and impose penalties by sentence as are prescribed by ordinances of the city; (9) To preserve order and decorum in his court, and to that end the municipal judge is hereby invested with the same powers of fine and imprisonment as are pos- sessed and authorized to be exercised by judges of criminal courts of record within the State of Florida. Sec. 154. Disposition_ of moneys collected as fines. All fines, penalties and fees collected in the municipal court and by the police of the city shall be part of the revenue of the city, and shall be paid forthwith to the city treasurer. Sec. 155. -- Remission;_ of fines and penalties. No fine or other penalty imposed by the municipal court shall be remitted except by action of the city commission upon recommendation of the municipal judge; provided however, that this section shall not be construed as precluding' the, municipal judge from suspending sentences imposed by such court. Sec. 156. City prosecutor: Powers and duties. There may be a city prosecutor who, if appointed, shall prosecute all offenses against the city's ordinances, and shall, if required by law, represent the city in all appeals from convictions in the municipal court. He shall, in addition: (1) Prepare charges after examination into the facts and circumstances of each case; (2) Have summoned all witnesses required on behalf of the city, and be allowed the process of this court to summon witnesses to testify before him as to any viola- tion of the criminal law upon which they may be interrogated, and be empowered to administer oaths to all witnesses summoned to testify by the process of the munici- pal court; (3) Once each quarter, report to the city commission fully and completely all cases which have come before the court, in such report showing the title of each case, the date when commenced, the offense charged, and the disposition made. (4) Attend each session of the municipal court. 47 § 157 Atlantic Beach City Code § 160 The city prosecutor shall be appointed by the city commission to serve at its pleasure. He may also be the city attorney or assistant city attorney, if the city com- mission so elects, Sec. 157. Executive officer of the court. The head of the police department shall designate the executive officer of the mu- nicipal court, Members of the police force shall execute and serve any and all writs and process issued out of the municipal court by the municipal judge and shall make proper returns thereon in the same manner as 'is required of constables and sheriffs in the execution of similar papers. Sec. 158.City attorney; Appointment and qualifications. The city commission shall appoint a city attorney who shall actas the legal ad- viser to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties. He shall prepare all contracts, bonds, and other instruments in writing in which the muniipality is concerned, and shall endorse on each his approval of the form and correctness thereof, but failure to do so shall not affect its validity. When required to do so by resolution of the city commission, he shall prosecute and defend for and in behalf of the city, all civil complaints, suits and controversies in which the city is a party. He shall furnish the city commission, the city manager, the head of any department, or any officer, his opinion on any ques- tion of law relating to their respective powers and duties. In addition to the duties specifically imposed under the preceding section, he shall perform such other profes- sional duties as may be required of him by ordinance or resolution of the city commis- sion, or as are prescribed for city attorneys under the general law of the state, which are not inconsistent with this Charter and with any ordinance or resolution, which may be passed by the city commission. The city attorney shall be a lawyer of at least five years' experience, admitted inhaving authority r�,ct c years' and h�.�, a��b to p�,��,.�,�o in all c; ups �f the state." Sec. 159. Salaries of court officials and city attorney.; The salaries of municipal judge, city prosecutor and city attorney shall be fixed by the city commission. Article XVII. Suits Against the City. Sec. 160. Suits. No suit shall be maintained against the city for damages arising out of its failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street, water- works, or other utility owned or operated by the city, or any public place; neither shall any suit be maintained against the city arising out of any other tortious action, or action sounding in tort, unless it shall be made to appear that the damage alleged was attributable to the gross negligence of the city, and that written notice of such 48 § 161 The Charter § 163 damage was, within thirty days1 of the receiving of the injury, given to the city man- ager with such reasonable specifications as to time and place and witnesses as would enable the city officials to investigate the matter, and no verdict shall in any suit be given for amount exceeding compensation damages to the plaintiff directly attributable to such negligence on the part of the city, and not caused by contributory negligence on the part of the plaintiff. It shall be the duty of the city manager, upon receiving any such notice, to at once investigate the matter and lay the facts, supported by the evidence, before the city commission in a written report, and the city commission shall have the right, and, upon the written request of the person injured, it shall be the duty of the city com- mission to investigate the matter, and it, may, by ordinance, make such reasonable settlement of any such damages as may be agreed upon between the city commission and the person so damaged. Article XVIII. General and Miscellaneous Provisions. Sec. 161. Removal of officers and employees. Any officer or employee to whom the city manager, or a head of any office, de- partment or agency, may appoint a successor, may be removed by the city manager or other appointing officer at any tiine. Subject to any other provisions of this Charter as to persons in the service of the city, the decision of the manager or other appoint- ing authority shall be final. Removal of members of boards, commissions, or agencies. Sec. 162. Except as provided in this Charter, cy of the city who has been appointed by city commission in the same manner as in section 11 of this, Charter. a member of any board, commission or agen- the city commission, may be removed by the provided for the removal of the city manager Sec. 163. Right of city manager and otherofficers in commission. The city manager, and such other officers of the city as may be designated by vote of the city commission, shall be entitled to seats in the city commission, but shall have no vote, therein. The city manager shall have the right to take part in the discussion of all matters coming before the city commission, and the other officers shall be entitled to take part inall discussions of the city commission relating to their respective offices, departments, boards, commissions, or agencies. 1. For state law allowing claims against city to be filed within a ninety day period and repealing all charter provisions in conflict therewith, see Fla. Stats. , § 95. 241. 49 § 164 Atlantic Beach City Code § 167 Sec, 164, Investigations. The city commission, or any committee thereof, the city manager, or any ad- visory board appointed by the city commission for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or em- ployee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the in- vestigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be giv- en under oath, such oath to be administered by some officer having authority under the law of the state to administer oaths. Failure to obey such subpoena or to produce books, papers or other evidence 'as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed five hundred dollars or by imprisonment not to exceed sixty days, or both. Sec. 165. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizens' organization or any representative of the press at all reasonable times and under reasonable regula- tions established by the city commission. Sec, 166. Personal interest. No member of the city commission or any officer of the city shall have a finan- cial interest, direct or indirect, in any contract or in the sale to the city or to a con- tractor supplying the city of any land or rights or interests in any land, material, upplie..E orer_97_4nes Any vlfu1 violation thio occtio l shall constitute 11d11CdD dL1UG in office, and any officer of the city found guilty thereof shall thereby forfeit his of- fice or position, Any violation of this section with the knowledge express or implied of the person or corporation contractingwith the city shall render the contract void- able by the city manager or the city commission. Sec. 167. Official bonds, The city commission shall determine whether or not each officer, clerk, or em- ployee shall give bond, and the amount thereof, but all officers, clerks and employees handling any funds or property of the city shall be required to give bond to the city, which bonds shall be procured from a regularly accredited surety company, author- ized to do business under the laws of Florida, the premiums on such bonds to be paid by the city. All such bonds shall be filed in the office of the city clerk. 50 § 168 The Charter § 172 Sec. 168. Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of Sec. 169. Effect of this Charter on existing law. All laws and parts of laws relating to or affecting the city in force when this Charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Charter; insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law in force when this Charter shall take effect, relating to or affecting the city, the pro- visions of this Charter are intended to be not a new enactment but a continuation of such provisions of law, and this Charter shall be so construed and applied. Sec. 170. Publishing. As used in this Charter, "publishing" shall mean printing in any newspaper pub- lished and of general circulation in the County of Duval. Sec. 171. Rights of officers and employees preserved. Nothing in this Charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the Town of Atlantic Beach or of any office, department, board, commission, or agency existing at the time when this Charter shall take effect, or any provision of the law in force at the time when this Charter shall take effect and not inconsistent with the provisions of this Charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights, or any other rights or privileges of officers or employees of said town or any office, department, board, commission, or agency thereof. Sec. 172. Continuance of present officers. All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performance of their duties until provision shall have been made in accordance herewith for the performance of such duties or the dis- continuance of such office. The powers conferred and the duties imposed upon any of- fice, department, board, commission or agency of the Town of Atlantic Beach by 51 § 173 Atlantic Beach City Code § 176 the laws of the state shall, if such office, department, board, commission, or agency, be abolished by this Charter, or under its authority, be thereafter exercised and dis- charged by the office, department, board, commission, or agency designated by the city- commission unless otherwise provided herein, Sec, 173. Transfer of records and property. All records, property and equipment whatsoever of any office, department, board, commission, or agency, all the powers and duties of which are assigned to any other office, department, board, commission, or agency by this Charter, shall be trans- ferred and delivered to the office, department, board, commission, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, board, commission, or agency are by this Charter assigned to another of- fice, department, board, commission, or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties are so assigned. Sec. 174. Title to property reserved to new municipality, The title, rights, and ownership of property, uncollected taxes, dues, claims, judgements, decrees and choses in action, held or owned by the Town of Atlantic Beach shall pass to, and be vested in the municipal corporation organized under this Charter. Sec. 175. Continuity of offices, boards, commissions or agencies. Any office, department, board, commission or agency provided for in this Charter with powers and duties the same or substantially the same as those of an office, de- partment, board, commission, or agency heretofore existing shall be deemed to be a conLinuat:ion of such office, department, board, commission or agency and shall exer- cise its powers and duties in continuation of their exercise by the office, department, board, commission, or agency by which the same were heretofore exercised, and shall have power to continue any business, proceeding or other matter, within the scope of its regular powers and duties commenced by an office, department, board, commis- sion, or agency by which such powers and duties were heretofore exercised. " Any pro- vision in any law, rule, regulation, contract, grant or other document relating to such a formerly existing office, department, board, commission, or agency, shall, so far as not inconsistent with the provisions of this Charter, apply to such office, de- partment, board, commission or agency provided for by this Charter. Sec. 176. Continuance of contracts and public improvements. All contracts entered into by the Town of Atlantic Beach, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public im- provements, for which legislative steps have been taken under laws or Charter pro- visions existing at the time this Charter takes effect, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and Charter provisions. 52 § 177 The Charter § 181 Sec. 177. Pending actions and proceedings. No action or proceeding, civil or criminal, pending at the time when this Charter shall take effect, brought by or against the Town of Atlantic Beach, or any office, de- partment, board, commission, or ggency or officer thereof, shall be affected or abated by, the adoption of this Charter or by anything therein contained: but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department, board, commission or agency or officer party thereto may by or under this Charter be assigned or transferred to another office, department, board, commission, or agency or gfficer, but in that event the same may be prosecuted or defended by the head of the office. c}epartment, board, commission, or agency to which such functions, powers and Flutes have been assigned or transferred by or under this Charter. Sec. 178. Existing ordinances. All existing ordinances of the present municipality of the Town of Atlantic Beach, not in conflict with the provisions of this Act, shall continue in effect and unimpaired until repealed, amended or modified by the city commission which is created by this Act. Sec. 179. Short title. This Charter shall be known and may be cited as the "Atlantic Beach Charter. " Sec. 180. Separability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall di- rectly apply. Sec. 181. Charter election. The foregoing Charter shall be submitted to the qualified electors of the Town of Atlantic Beach for adoption, or rejection, at an election hereby called for that pur- pose, to be held on the twenty-third day of July, 1957, which said election shall be conducted in accordance with the laws governing elections in said Town of Atlantic Beach as at present provided. The ballot used in said election shall be a sheet of plain white paper upon which the following shall be printed: OFFICIAL BALLOT Special Election (Date) For the adoption or rejection of a proposed Charter for the City of Atlantic Beach, Florida, pursuant to the provisions of Chapter of the Laws of Florida, Special Acts of 1957. 53 § 182 Atlantic Beach City Code INSTRUCTIONS TO VOTERS § 183 The voters desiring to vote in favor of adopting the proposed Charter shall put a cross mark (X) in the box before the words, "FOR adoption of proposed Charter of the City of Atlantic Beach, Florida," and the voter desiring to vote against adopting the proposed Charter shall put a cross mark (X) in the box before the words, "AGAINST the adoption of proposed Charter of the City of Atlantic Beach, Florida." All distin- guishing marks are forbidden and make the ballot void. If you wrongfully mark, tear or deface this ballot, return it to the inspector of the election and obtain another. FOR adoption of proposed Charter of the City of Atlantic Beach, Florida AGAINST adoption of proposed Charter of the City of Atlantic Beach, Florida Article XIX. When Act Takes Effect. Sec. 182. Effective date of Act. This Act shall go into effect subject to the referendum provided for in section 81 hereof, upon its passage and approval by the governor, or upon its becoming law with- out such approval, for the purpose of nominating and electing the first members of the city commission, at an election as provided herein. For all other purposes this Char- ter shall be in effect from and after the election and qualification of the members of the city commission thereunder. In the event a majority of the electors voting at said election provided for in sec- tion 181 hereof, vote against the adoption of this Charter, then this Act shall be null and void. Sec. 183. Repeal of conflicting laws. All laws and parts of laws in conflict with this Act are hereby repealed. 54 PART II. THE CODE. CHAPTER 1. GENERAL PROVISIONS. § 1-1. How Code designated and cited. § 1-2. Definitions and rules of construction. § 1-3. Catchlines of sections. § 1-4. Effect of repeal of ordinances. § 1-5. Severability of parts of Code. § 1-6. General penalty; continuing violations. Sec. 1-1. How Code designated and cited. 1 The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Atlantic Beach, Florida, and may be so cited. Sec. 1-2. Definitions and rules of construction. 2 In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the town commission: -, City. The words "the city" or "this city" shall mean the City of Atlantic Beach, Florida. Computation of time. Whenever a notice is required tobe given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall, be counted in computing the time, but the day on which such proceedings is to be had shall not be counted. Commission, city commission. Wheneverthe words "commission" or "city com- mission" are used, they shall be construed to mean the city commission of the City of Atlantic Beach. County. The word "county" shall mean Duval County, Florida. Gender. A word importing the masculine gender only shall extend and be ap- plied to females and to firms, partnerships and corporations as well as to males. 1. For state law authorizing city to revise and codify its ordi- nances, see Fla. Stats. , § 165.. 192. 2. For state law definitions, see Fla. Stats. , § 1.01. 55 § 1-2 Atlantic Beach City Code § 1-2 Joint authority. Words purporting to give joint authority to three or more offi- cers or other persons shall be construed as giving authority to a majority of such officers or persons. Month. The word "month" shall mean a calendar month. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Oath. The word "oath" shall include the word "affirm." Officers. References to the city clerk, chief of police or other officers, unless otherwise indicated, shall be construed to refer to officers of the City of Atlantic Beach. Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Person. 3 The word "person" includes individuals, children, firms, associa- tions, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations. Preceding, following. The words "preceding" and "following" mean next before and n.ext after, respectively. Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto and any lake or stream. Registered mail.4 The words "registered mail" shall include certified mail with return receipt requested. Shall; may. The word"shall" is mandatory. The word "may" is permissive. State. The words "the state" or "this state" shall be construed to mean the State of Florida. Street. The word "street" shall be construed to embrace the ocean beach, streets, avenues, ' boulevards, roads, alleys, lanes, viaducts and all other public highways in the city. Tenant, occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others. 3. For similar state law, see Fla. Stats. § 1.01. 4. For similar state law, see Fla. Stats. , § 1.01. 56 § 1-3 General Provisions § 1-5 Time. Words used in the past or present tense include the future as well as the past and present. Writing. 5 , The word "writing" includes handwriting, printing, typewriting and all other methods and means of forming letters and characters upon paper, stone, wood or other materials. Sec. 1-3. Catchlines of sections. The catchlines of the several sections of this Code, printed at the head of each section, are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the sec- tion, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. Sec. 1-4. Effect of repeal of ordinances. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. Sec. 1-5. Severability of parts of Code. It is hereby declared to be the intention of the city commission that the sec- tions, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the city commission without the incor- poration in this Code of any such unconstitutional or invalid phrase, clause, sen- tence, paragraph or section. 5. For similar state law, see Fla. Stats. , § 1.01. 57 § 1-6 Atlantic Beach City Code § 1-6 Sec. 1-6. General penalty; continuing violations.6 Whenever in this Code or in any other ordinance or resolution of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the town or such rule, regula- tion or order shall be punished by a fine not exceeding one thousand dollars or im- prisonment for a term not exceeding ninety days, or by both such fine and imprison- ment. Except where otherwise provided, every day any violation of such Code or any other ordinance or resolution of the city or such rule, regulation or order shall con- tinue shall constitute a separate offense. 6. For charter provision as to maximum penalty for violation of city ordinances, see Char. , § 9(10). The fact that a municipal ordinance imposes a penalty dif- ferent from that imposed by a state statute does not ren- der the municipal ordinance invalid as being in conflict with the state statute. Hilliard v. City of Gainsville, 213 So. 2d 689 (1968). 58 § 2-1 Administration § 2-1.1 CHAPTER 2. ADMINISTRATION. 1 Article I. In General. § 2-1. City manager designated director of public safety. § 2-1.1. Voter registration rolls. § 2-L2, Confiscated or lost property. § 2-1. 3 . Local planning agency. § 2-1.4. Adoption of uniform accounting system. Article II. City Commission. § 2-2. Time and place of regular meetings. § 2-3. Calling of special meetings. § 2-40 Quorum, § 2-5, Rules of conduct and procedure at meetings. Article III. Advisory Planning Board. § 2-6, Created § 2-7. Composition; qualifications of members; officers § 2-8. Terms of office of members; filling of vacancies. § 2-9. Removal of members. § 2-10. Duties § 2-11. Certification of plans and recommendations to city commission. Article I. In General. Sec, 2 - 1 City manager designated director of public safety .2 Pursuant to section 35 of the Charter of the city, the city manager is here- by designated the director of public safety and is hereby authorized, empower- ed and directed to fully perform and discharge the duties and responsibilities as supervisory head of the police department and fire department of the city. (Ord. No. 57-62-5, § L) Sec. 2-1.1 Voter registration rolls. The city clerk in the preparation of the voter registration rolls for the city shall adopt the voter registration rolls as pertaining to the qualified citi- 1. As to building official, see § 6-2 to 6-7 of this Code. As to finance and taxation, see ch. 8. As to fire department, see § 9-9 et seq. As to personnel, see ch 16. As to board of examiners of plumbers, see § t7-4 As to board of zoning adjustment, see § 2818 2. As to fire department generally, see § 9-9 et seq., of this Code. 59 Supp. #7, 5-78 § 2-1.2 Atlantic Beach City Code § 2-1.2 zens residing within the city as prepared and maintained by the supervisor of elections of the consolidated City of Jacksonville. (Ord. No. 33-73-2, § 1.) Sec . 2-1 . 2 . Confiscated or lost property . (a) Sale of confiscated property . When requested by the chief of police, and in the time and manner ordered by the municipal judge, any person- al property entered into evidence or otherwise coming into the custody of the municipal court of the city during the progress of any case, and not claimed by or returned to the owner or any person claiming interest therein within sixty days, shall, if of any appreciable value, be sold or offered for sale at public sales conducted by the city clerk. If no claim is made within thirty days after a sale, proceeds shall be paid over to the general fund. (b) Sale of lost and found property . All lost and found properties which have come into the possession of the police department and have not been claimed by the owner or any person claiming an interest therein within ninety days may , at the request of the chief of police and upon order of the municipal judge, be disposed of by sale in the same manner as described in subsection (a) of this section. (c) Notice of sales. Notice of all sales shall be given by the city clerk by advertising once each week for two successive weeks in a newspaper pub- lished within the county . (d) Hours of sale. All sales of such property shall take place between the hours of 10: 00 A.M. and 2: 00 P.M. on any day of the week except Saturday and Sunday . (e) Place of sales. A.U. property shall be exposed to sale at the city hall, except if the property to be sold shall consist of merchandise not easily moveable or moved at great relative expense; then sale shall take place where the property was located when taken possession of. (f) Destruction of confiscated, lost and found property . If any of such confiscated, lost and found properties described in subsections (a) and (b) of this section is of no appreciable value, the municipal judge may order the destruction of same by the chief of police. (g) Transfer of unclaimed or confiscated property to city use . At the request of the chief of police and on order of the municipal judge, any prop- erty unclaimed or confiscated for a period of ninety days or more, that can serve a useful, productive service to the city , may be placed on city inventory and transferred to any department within the city . (h) Destruction of confiscated drugs. All confiscated drugs and drug implements will be destroyed within thirty days after seizure or as soon there- after as practical upon written request of the chief of police and upon order of the municipal judge. (Ord. No. 95-75-14, §§ 1 to 8.) 60 Supp. 47, 5-78 ORDINANCE NO. 5-83-13 AN EMERGENCY ORDINANCE AMENDING SECTION 2-1.2 OF THE CODE OF ORDINANCES, THE SAME BEING THE SECTION OF THE CODE REGULATING CONFISCATED OR LOST PROPERTY WHEREAS, Section 2-1.2 of the City Code regulates the disposal of confiscated or lost property, WHEREAS, the regulations were adopted at a time in which there existed a municipal court system, and WHEREAS, the section does not authorize the City to transfer confiscated or lost property to other governmental agencies, and WHEREAS, it is the desire of the City Commission to transfer certain confiscated property to another governmental agency prior to Christmas 1983, and WHEREAS, it is necessary to amend Section 2-1.2 of the Code of Ordinances on an emergency basis in order to transfer certain confiscated or lost property to another governmental agency, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF ATLANTIC BEACH, FLORIDA, as follows: Section 1. That Section 2-1.2(d) be amended to read: (d) Hours of Sale. All sales of such property shall take place between the hours of 10:00 A.M. and 2:00 P.M. any day of the week as designated by the City Clerk. Section 2. That Section 2-1.2(g) be amended to read: (g) Transfer of Unclaimed or Confiscated Property to City Use or for Use by Another Governmental Agency. Any property unclaimed or confiscated for a period of 90 days or more that can serve a useful productive service to the City or to another governmental agency may be placed on the City inventory and transferred to any department within the City or trans- ferred or sold to another governmental agency upon approval of the City Commission. Section 3. This ordinance shall become effective upon its date of passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on Emergency Basis on December 12, 1983 (SEAL) CERTIFICATiON certify this tobe Imo and corrrici: copy of the record iiirny °Vico. WITNESSETH my hand and official ml of the City of Atlantic Be:ich„ Florida„ this. the/ ,-›day of, 1.9 a44Clerk ATTEST: Adelaide R. Tucker City Clerk § 2-1.3 Administration § 2-1.4 Sec. 2- 1 . 3 , Local planning agency. The Atlantic Beach advisory planning board is hereby designated as the local planning agency for purposes of comprehensive planning in compliance with the requirements of section 4, paragraph 8, of chapter 163.3174, Florida Statutes . (Ord . No . 5-76-5 . ) Sec. 2- 1 . 4 . Adoption of uniform accounting system. (a) The city manager is hereby directed to use the "Uniform Accounting System for Local Units of Government in the State of Florida" in the preparation of the city's next budget to be adopted prior to October 1, 1978. (b) The city clerk -treasurer -comptroller is hereby directed to use the "Uniform Accounting System for Local Units of Government in the State of Florida" in the preparation of the city's accounting system to be implemented October 1, 1978. (Ord. No, 20-78-33, § 2.) 60.01 Supp. #7, 5-78 ORDINANCE NO. 5-83-10 AN ORDINANCE AMENDING SECTION 2-2 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENTITLED "TIME AND PLACE OF REGULAR MEETINGS" BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, That Section 2-2 of the Code of Ordinances be amended as follows: Section 1. Section 2-2. Time and Place of Regular Meetings. The regular meetings of the City Commission shall be held on the second and fourth Mondays of each month, except December, in City Hall, at 7:15 P.M. In the event the second or fourth Monday falls on a holiday, the regular meeting shall be held on the Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. Additional regular meetings shall be held on the night of every election. Section 2. This ordinance shall take effect 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 12,1983 CERTIFICATION (SEAL) I certify this to be a true and correct copy of tho recon in my ofiicoo. WITNESSETH my hand and o;ficia) seal of the City of Atlantic Duch, Merida,, this the/3--day of 19 . ,= -ciet .City Clark ATTEST: r,' Adelaide R. Tucker City Clerk § 2-2 Administration § 2-5 Article II. City Commission. 3 Sec . 2-2 . Time and place of regular meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month in the City Hall at • . Additional regular meetings shall be held on the night of every electi n."(Ord. No. 5-57- 1, § 1.) 4 Sec. 2 - 3 . ' : Ca l l g s ,,• The mayor -commissioner, city manager or a majority of the city commis- sion may call a special meeting of the city commission on twenty-four hour notice. (Ord. No. 5-57-1, § 2.) Sec. 2-4 Three members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Ord. No. 5-57-1, § 3.) Sec. 2-5 . Rules of conduct and procedure at meetings .5 The following rules shall govern procedure and conduct of city commis- sion meetings: Rule 1.1.. The mayor --commissioner shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meet- ing and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly con- duct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other mem- bers, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on such appeal, it shall require a majority vote of the members to sustain such appeal. Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, 3. For charter provisions as to city commission generally, see Char., §§ 5 to 24. 4. For charter provisions as to meetings of city commission, see Char. , § 14. 5. For charter provision authorizing city commission to es- tablish its own rules and order of business, see Char., § 16. 60.1 Supp. #6, 12-76 § 2-5 Atlantic Beach City Code § 2-5 and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name that was called second upon the preceding roll call, and thereafter p•oceed to call the roll according to alphabetical order; except, that the mayor -commissioner's name shall be call- ed last. Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five minutes at any one time. 60.2 Supp. ;';6, 12-76 § 2-5 Administration § 2-5 Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. Rule 6. No member shall absent himself from the meeting before adjournment for more than five minutes at a time without leave of the presiding officer. Rule 7. The order of business shall be as follows: (1) Approval of minutes of preceding meetings. (2) Courtesy of floor to any visitors who desire to bring a matter to the city com- mission's attention, Reading of communications to the city commission. Report of city manager. Unfinished business of preceding meeting. Report of committees. Action on resolutions. Action on ordinances. Miscellaneous business. Rule 8, The mayor -commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following such reference; provided, that the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of fur- ther consideration of such matter, and it be otherwise disposed of by the city commis- sion. Rule 10. Upon every matter referred to a committee, such committee or a ma- jority thereof shall meet for inquiry or deliberation, and no report of or concerning such matter be made unless a majority of the committee shall have signed the same. Rule 11. It shall be the duty of the chairman or vice chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give ad- vance notice of the time and place of such meeting to all members of the city commis- sion, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. 61 § 2-5 Atlantic Beach City Code § 2-5 Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the pre- siding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. Rule 14. Every petition or other paper shall, previous to presentation be so en- dorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. Rule 15. Proposed ordinances may be introduced at any meeting of the city com- mission, provided the same are prepared in written or printed form. Unless copies of such proposed ordinances shall have been previously delivered to the mayor -com- missioner and each member of the city commission at least three days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three days prior to the next scheduled meeting of the city commission following such request. Rule 16. Every proposed ordinance shall be considered as set forth in the Char- ter of the city. 6 An ordinance may be read on first reading by title only, but on sec - old and final reading, every ordinance shall be read in full. Rule 17. In acting upon all proposed ordinances or resolutions, the yeas and nays pha11 be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. Rule 18. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment pr putting it to a vote. Rule 19. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of un- finished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. Rule 20. The city manager shall submit regular written monthly reports to the pity commission, 6. See Char. , §§ 17 to 23. 62 § 2-6 Administration § 2-8 Rule 21. After the decision of any question, it shall be in order only for a mem- ber voting on the prevailing side to move a reconsideration at the same or next regu- lar ;meeting. If a motion to reconsider is lost, it shall not be renewed and reconsid- ered without the unanimous consent of the city commission in attendance at the meet- ing at which reconsideration is requested. Rule 22. Any rule, except Rules 17 and 18, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. Rule 23. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission, Rule 24. The mayor pro tempore shall exercise the duties and powers of the mayor -commissioner during his absence or disability. Rule 25, It shall be the duty of the city clerk to attend all meetings of the city commission and to record and keep the minutes and records thereof, and within three days after each meeting to furnish each commissioner with a copy of the minutes of the preceding meeting. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tempore, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk, and the record of `'every meeting shall be signed, when approved, by the city clerk and the mayor -commissioner or the mayor pro tempore who presided thereat. (Ord. No. 5-57-1, § 4.) Article IIl. Advisory Planning Board. 7 Sec. 2-6. Created. There is hereby created an advisory planning board. (Ord. No.' 95-62-6, § 1, ) Sec. 2-7. Composition; qualifications of members; officers. The advisory planning board shall consist of tour members appointed by the city commission, none of whom shall hold any other public office or position in the city. The city commission shall select one city commissioner to serve on the board with a vote only in case of a tie vote` by appointive members. The city manager shall serve as an ex officio member of the board without vote. The board shall elect its chair- man and other necessary officers from among the appointive members. (Ord. No. 95-62-6, § 1.) Sec. 2-8. Terms of office of members; filling of vacancies. The term of the appointive members of the board shall be for four years; except, that the first four members appointed shall serve as follows: One member shall be appointed to serve until December 41, 1962 one member until December 31, 1963; one member until December 31, 1964, and the fourth member until December 31, 1965, The commissioner selected to serve shall serve until December 31, 1962, 7. As to subdivision of land, see ch. 23 of this Code, - As, to zoning, see ch. 28. 63 § 2-9 Atlantic Beach City Code § 2-10 thereafter he shall be selected for a term of one year, and may succeed himself. Thereafter, all terms shall expire on December 31 of the proper year. Any vacancy during the unexpired term of an appointive member shall be filled by the city com- mission for the remainder of the term. (Ord. No. 95-62-6, § 2. ) Sec. 2-9. Removal of members. Any member of the advisory planning board may be removed for cause by the city commission upon written charges and after public hearing. (Ord, No. 95-62-6, §3.) Sec. 2-10. Duties. The advisory planning board shall have the duty, responsibility and authority to: (a) Make recommendations to the city commission for the physical development of the city. (b) Exercise supervisory control over planning or subdividing land within the city, following the standards established by the city commission pertaining to such planning or subdividing. (c) Recommend to the city commission proposed changes in the official map of the city. (d) Recommend to the city commission proposed changes in the provisions of chapter 28 of this Code. (e) Submit to the city commission their recommendation concerning all applica- 41• ll Ychanges 1Ythe pi(VYsLV Ys of chapter 20 of this Code referred to them by the city commission. (f) Submit annually to the city manager, not less than one hundred twenty days prior to the beginning of the budget year, a list of recommended capital improvements which, in the opinion of the board, are necessary or desirable to be constructed. $uch list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (g) Promote public interest in and understanding of the planning, zoning and beautification of the city. (h) Meet on a regularly scheduled day each month and periodically on call, and keep a public record of all its meetings, resolutions, findings and determinations. (i) Require information from other departments of the city government in rela- tion to its work, which information shall be furnished to them within a reasonable time. (j) Request additional assistance for special survey work of the city manager, 64 § 2-11 Administration § 2-11 who may, at his discretion, assign to the board members of the staff of any adminis- trative department or direct such department to make a special study requested by the board, (k) Recommend to the city commission plans for the planning, replanning, im- provement and redevelopment of the city. (1) Recommend to the city commission plans for the replanning, reconstruction or redevelopment of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or other disaster. (Ord. No. 95-62-6, § 3.) Sec. 2-11. Certification of plans and recommendations to city commission. All plans or recommendations of the advisory planning board, in order to be ac- corded official cognizance by the city commission, must be certified to the city com- mission by any one officer of the advisory planning board as the official act of the board, duly passed a majority vote of the board as distinguished from the personal views or desires of any single member or group of members of the board. This pro- vision is not intended as prohibiting the board. from submitting alternate plans or rec- ommendations or of submitting minority plans or recommendations in certain cases when so approved by a majority vote of the board to be also certified to the city com- mission for consideration. (Ord, No. 95-62-6, § 4, ) 65 ORDINANCE NO. 5-83-11 AN ORDINANCE TO PRESCRIBE AND AUTHORIZE A UNIFORM TRAVEL POLICY AND PROCEDURE FOR THE CITY OF ATLANTIC BEACH OFFICERS, EMPLOYEES AND AUTHORIZED INDIVIDUALS WHEREAS, public officers, public employees and authorized individuals are required to travel while on City business, and WHEREAS, it is necessary to reimburse or make payment for travel, travel related expenses, and other business expenses incurred while on City business, and WHEREAS, it is in the best interest of the citizens to prescribe and authorize a uniform travel policy and procedure for the City of Atlantic Beach, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Section 1. Definitions For the purpose of this article, the following words shall have the meanings indicated in the section. Authorized Individual. A person, other than a public officer or employee, as defined hereinbelow, whether elected or not, who is authorized by an agency head to incur travel expenses in the performance of his duties; including' but not limited to, consul- tants or advisors performing services on behalf of the city and persons who are candidates for executive or professional positions. Public Officer. An individual, either elected or appointed, who in the performance of his official duties, is vested by law with powers of government. City Manager. That person appointed by the City Commission of the City of Atlantic Beach pursuant to Article III of the City Code. Public Employee. An individual other than an officer who is working in a regular or full --time position for the City and is responsible to the City Manager. Common Carrier. A train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. Section 2. Authority to incur travel and business expenses. In the event a member of the City Commission or the City Manager find it necessary to incur travel and business expenses, and when such expenses are within the intent of the adopted budget, such expenditures are authorized. All travel and business expenses by public employees must be authorized by the City Manager. (a) Traveling expenses shall be limited to those expenses necessarily incurred by the traveler in the performance of duties related to the functions and responsibilities of the City. (b) Traveling expenses of prospective employees for the sole purpose of taking merit system or other job placement examinations, interviews, etc, may be authorized by the City Commission or City Manager. Business expenses shall apply to those expenditures which are incurred in the performance of the public purpose to be performed, including meetings with governmental officials, seminars and training programs, pickup and delivery of parts and equipment, recruitment of personnel or industry, community promotion, and any other related activities essential to the performance of the public purpose. (c) Section 3. Funding for travel. (a) All travel must have prior authorization through the com- pletion of a travel authorization form showing the itinerary, the source of funding, and whether or not a travel advance is needed. (b) Travel advances may be issued to authorized persons or individuals prior to departure on an authorized trip. The cash amount will be based on a schedule commensurate with the known expenses as stated in the travel authorization. All travel reservations for a common carrier must be made by the City Manager or his authorized representative, except during emergencies during off -working - hours situations or if the return flight has to be changed or cannot be scheduled. In the event common carrier tickets are necessary, issuance of such tickets will be made only upon receipt of a travel authorization with proper approval signatures. The authorized traveler receiving a travel advance must keep a record of all travel expenses and report the same. In the event an authorized travel advance is less than the approved actual expenses, the difference will be paid to the traveler. If the travel advance is greater than the actual or allowed travel expense, then the difference shall be reim- bursed to the City within thirty days after return of traveler. Section 4. Travel expense forms and regulations. The City Manager shall provide forms for travel requests, expenses, and reimbursements and mileage allowances, where applicable, and prescribe such regulations as are reasonably necessary to effectuate the purpose of this article. The Finance Director shall cause requests for travel expenses and reimbursements to be verified before payment is made. Section 5. Schedule for meal allowance and accommodations. For purposes of reimbursements, the allowance for meals will be based upon the following schedule where each period covered must be of three hours duration or longer to be valid: Breakfast allowance will be made when travel begins before 6:00 A.M. and extends beyond 8:00 A.M. Lunch allowance will be rnade when travel begins before 12:00 Noon and extends beyond 2:00 P.M. Dinner allowance will be made when travel begins before 6:00 P.M. and extends beyond 8:00 P.M., or when travel appears during night-time hours due to special assignment. Hotel or accommodation allowance will be made when travel extends overnight and requires lodging not within Duval County. No expenses in Duval County shall be reimbursed unless approved by the City Manager. Section 6. Subsistence. When the period of travel conforms to the schedule of allowances in Section 5 above, all authorized travelers may be allowed subsistence when traveling to a convention, conference, seminar, activity, or on City -related business which serves a direct public purpose. Subsistence will consist of the basic travel allowance for meals as listed below and actual hotel or accommodation charges when the period of travel extends overnight: Meal Allowance Breakfast $3.00 Lunch $6.00 Dinner $12.00 Actual meal charges may be reimbursed if accompanied by a receipt and justification for incurring the additional cost. Hotel or accommodation charges must be single occupancy rate and substantiated by receipt. Tips and gratuities are included in the basic travel allowance for meals. When actual meal charges are reimbursed, 15% may be added to the meal charges provided the cost is stated on the receipt. Section 7. Transportation. (a) All travel must be in a convenient and mainly traveled route. In event a person travels by an indirect route for his convenience, any extra cost shall be borne by the traveler. Reimbursement for expenses shall be made accordingly. (b) In the event a privately owned vehicle is used for travel, the vehicle owner shall be entitled to a mileage rate as established by the City Commission from time to time. (c) Transportation by a common carrier which has not been prepaid and for which the authorized traveler seeks reimbursement must be substantiated by an official receipt from the common carrier. (d) Transportation by charter vehicles may be authorized when it is determined to be the most economical method of travel, when considering the nature of the business, the number of people making the trip, and the most efficient and economical means of travel (considering the time of the traveler, cost of transportation, and subsistence required). Section 8. Authorized travel. (a) Travelers shall not be allowed either mileage or transporta- tion expenses when they are transported gratuitously by another person or when they are transported by another authorized traveler who is entitled to mileage or trans- portation expense. (b) Reimbursement for expenditures related to the operation, maintenance, depreciation and ownership of a vehicle shall not be allowed when a privately owned vehicle is used on public business and mileage allowance is paid. (c) The City Manager may permit an authorized traveler to regularly, on a monthly basis, use a privately owned vehicle on City Business. In such instances, the traveler must submit a monthly log of the actual miles traveled and a monthly request for reimbursement. Travel occurring outside Duval County or travel in conjunction with the authorized traveler receiving reimbursement for meals and lodging expense or for travel to and from home shall not be included in the log. Section 9. Reimbursable incidental travel expenses. An authorized traveler may be reimbursed for incidental travel expenses incurred during the course of travel. These incidental travel expenses include but are not limited to the following: (1) Taxi, ferry and airport limousine fares; (2) Bridge, road and tunnel tolls; (3) Storage and parking fees; (4) Telephone and telegraph charges relating to City business; (5) Registration, convention or tuition fees not prepaid by the City. Section 10. Auditing. A travel expense report or voucher as developed by the City Manager shall be submitted to the Finance Director within thirty days after the travel expense. Each approved travel expense report will be audited by the Finance Director when received. Section 11. Fraudulent claims. Claims submitted pursuant to this article shall be signed by the authorized traveler and shall be verified by a written declaration that it is true and correct as to every material matter. Any individual who makes or aides in the making of a false or fraudulent claim shall be guilty of a violation against the City and upon conviction thereof shall be punished as provided by Ordinance No. 47--70-1 or in the City's Personnel Rules and Regulations. In addition, any person who received a travel allowance, advance or reimbursement by means of a false claim shall be civilly liable for the repayment of such amount into the public fund from which the claim was paid. Section 12. This ordinance shall become effective immediately upon final passage. Passed by the City Commission on First Reading December 12, 1983 Passed by the City Commission on Second & Final Reading January 9, 1984 (SEAL) ATTEST: /2 Adelaide R. Tucker City Clerk ORDINANCE NO. 10-83-1.5.. AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH BY AMENDING SECTION 3-1 THEREOF, CONCERNING THE HOURS OF SALES OF ALCOHOLIC BEVERAGES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach desires to allow qualified restaurant establishments in the City to serve champagne and beer with a "brunch" meal beginning at 10:00 o'clock a.m. on Sundays, and WHEREAS, it is necessary to amend Section 3-1 of the Code of Ordinances to allow the service of champagne and beer as set forth above, now therefore BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. That Section 3-1 be amended to read as follows: It shall be unlawful for any person licensed to sell alcoholic beverages, intoxicating liquors, wine or beer in the city to sell, offer for sale, serve, give away, dispense or dispose of alcoholic beverages, intoxicating liquors, wine or beer, or permit the same to be consumed upon his premises, between the hours of 2:00 A.M. on Christmas Day and 7:00 A.M. on the day following Christmas Day, and between the hours of 2:00 A.M. on Sundays and 1:00 P.M. on Sundays, (EXCEPT that a restaurant holding a valid and current beverage license may, beginning at 10:00 A.M. on Sundays, serve, for consumption on premises only, champagne or beer, provided that said champagne or beer may only be served with a meal, this being commonly_ known as a "champagne brunch"), and between the hours of 2:00 A.M. and 7:00 A.M. on all other days. The premises in which any of such alcoholic beverages and intoxicating liquors and wine or beer are kept (except such premises as are primarily used and conducted as grocery stores, mar- kets or primarily for the sale and serving of prepared foods for consumption thereon) shall be securely closed during such hours, and no person shall be permitted therein during such hours for any purpose whatsoever, except to clean up the premises or to perform necessary functions for closing the establishment." Section 2. This ordinance shall become effective immediately upon it's passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading January 10, 1983 Passed by the City Commission on Second Reading January 24, 1983 Passed by the City Commission on Third and Final Reading February 14, 1983 ATTEST: (SEAL) &!__ZIz J Adelaide R. Tucker, City Clerk,CMC ORDINANCE NO. 10-82-14 AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH BY AMENDING SECTION 3-6(c) THEREOF, CONCERNING EXCEPTIONS TO THE DISTANCE LIMITATIONS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Atlantic Beach did adopt Ordinance No. 90-82-73 on August 9, 1982, concerning exceptions to the distance limitations contained in Chapter 3 of the Code of Ordinances, and WHEREAS, the City desires to further define and distinguish the situations existing and that may exist in the future with regard to said exceptions, now therefore BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. That Section 3-6(c) be amended to read as follows: "(c) The foregoing provisions of this section shall not apply to any restaurant (restaurant defined for purpose of this section as being an enterprise involved solely in the preparation, and serving of food within the physical confines of that establishment) which derives not less than 51% of gross income from the sale of food prepared, and served on the premises, provided that such a restaurant with a beverage license permitting consumption on premises of alcoholic beverages including liquor ("hard liquor") shall have a seating capacity of not less than one hundred and fifty (150) seats and overall floor area of not less than three thousand (3,000) square feet; nor shall the foregoing provisions of this Section apply to grocery stores or drug stores licensed to sell alcoholic beverages for off -premises consumption only." Section 2. This Ordinance shall become effective immediately upon it 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 24,1983. (SEAL) ATTEST: Adelaide R. Tucker City Clerk, CMC EMERGENCY ORDINANCE NO. 90-82-73 AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH BY ADDING THERETO SECTION n 3-6(c) CONCERNING EXCEPTIONS TO THE DISTANCE LIMITATIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an emergency exists requiring the adoption of this ordinance pursuant to Section 23 of the Charter of the City of Atlantic Beach, and WHEREAS, the specific conditions dr occurrences that create said emergency are that (1) the City has been threatened with litigation which''could be very costly and damaging to the City, (2) the City may lose existing and prospective businesses which generate revenue for the City by ad valorem taxes and the like, (3) these conditions are new, not expected, and of a nonrecurring nature, and (4) these conditions constitute an immediate and serious menace to the public welfare of the City, now therefore BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA; Section 1. That Section 3-6(c) be added to read as follows: "(c) The foregoing provisions of this section shall not apply to any restaurant having a seating' capacity of not less than one hundred and fifty (150) seats and overall floor area of not less than three thousand (3,000) square feet and which derives not less than fifty-one per cent (51%) of gross income from the sale of food prepared, served, and consumed on the premises, or grocery stores licensed to sell alcoholic beverages for off -premises con- sumption only." Section 2. This ordinance shall become effective immediately upon it's passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading July 28, 1982 Passed by the City Commission on Second Reading July 28, 1982 August 9, Passed by the City Commission on Third and Final Reading 1982 . (SEAL) ATTEST : Gt�tE �ig� -PAT 6 y` E Adelaide R. Tucker, City Clerk ORDINANCE 10-80-13 AN ORDINANCE AMENDING SECTION 3-3 OF THE ORDINANCENCEE DEO E OF THE CITY OF ATLANTIC BEACH TO DELETE ANY REFROLAND'S RED BARN; PROVIDING A DEFINITION SECTION TO BE NUMBERED 3-1; ADDING NEW SECTIONS 3-6 AND 3-7 COGCONCERNING IN DISTANCE LIMITATIONS FOR THE RETAIL LE, 3ERV SECTION 3-8 CONSUMPTION OF ALCOHOLIC BEVERAGES; E CONCERNING THE TRANSFER OFFCERTAIN EXISTALCOHOLIC ING SECTIONS�;GPRO- LICENSES; RE -NUMBERING VIDING AN EFFECTIVE DATE. Section 3-1. Definition. For the purposes of this part, the s respectively ascribed following words and phrases shall have the meaning to them by this section. Alcoholic Bevera:e. All beverages containing any amount of (a) liquors, wines or beer. alcohol including, but not limited to, intoxicating Alcoholic beverage license. That license issued to a person (b)Beverage Department. or location by the State of Florida P (c) Presentl o•en for business. Any location open and doing busi- ness in the dispensing of alcoholic beverages on the date this ordinance becomes effective. persons Section 3-1 3-2. Hours when sales, etc., prohibited --es. It shall be unlawful for any es, intoxicating liquors, wine or boldin: licenses to sell alcoholic everag erase or dispose person licensed to sell alcoholic beverages, serve, give away, dispense to sell, offer for sale,wine or beer; ay, dr permitnehe same beer in the cityeintoxicating liquors, ofo be consumed uponghi, between the hours of 2:00 A.M. on Christmas to be upon his premises, Day and 7:00 A.M. on the day following Christmas Day, and between the hours of and 1:00 P.M. on Sundays, and between the hours of 2:00 2 A.M. A.M. on Sundaysprovided, that on New Year's Day ynsuced in A.M. ande 7:ay A.M. on all servedorher anddat's; P dispensed by any person lawfully premises beverages may be sold or the business thereof, during the hours of 12:01 A.M. and 4:00 A.M. . .anThe pr or in which any of such alcoholic beverages and rimarilyintoxicating used and conducted as t such premises as are p of preparedufoods beer are kept (except primarily for the sale and servingand no grovery stores, markets or p closed during such hours, shall be securely s whatsoever, per oonshmplibn thereon) such hours for any purpose person shall be permitted therein duringsuch necessary functions for closing except to clean up the premises or to p the establishment. Section 3-2 3-3. Same -- Persons not holdin: licenses to seol profit, person operating It shall be unlawful for any p liquors, wines or butalcoholic l bens d:ts intoxicating q intoxi- cating s or e notitheeecity to sellealcoholicgvebeverages, alcoholic beverages, x premises beer in city, to serve, give away on his wine or beer or permit the same to be consumed up eating liquors, and 7:00 A.M. on the day between the hours of 2:00 A.M. on Christmas Day folioS on all other win Christmas Day, and between the hours of 2:00 A.M. on Sundays and 1:00 P.M. on Sundays, and between the hours of 2:00 A.M. and 7:00 A.M. days. 2. Section 3-3 3-4. Locations where sales •ermitted :enerall The -pr em±ses-eem�+manly-known-as-Wieland'-s-Red-Barn-se-long-as {remises-ef-aleehelie-be�aerages-s-lneldeatal-to the -sale -far -e -en -es -p the-sale-ef -feed . ,(b). (a) The premises commonly known as Le Chateau. fe)- (b) Country Club. (.d)- (c) The premises The club house site and pro shop site of the Selva Marina commonly known as the Sea Turtle. Atlantic Boulevard from a street designated Sylvan .(e} (d) The premises point two hundred feet east st Drive west to the City located and fronting on of the center line of a its. {f} (e) All premises located and fronting on the Mayport Road and in a Business "B" Zone. {g} (f) The premises commonly known as Letizia's Italian Restaurant cidental so long as the sale for consumption on premises of alcoholic beverages to the sale of food. Section 3-4 3-5. Locations where on -premises sales s containing alcohol of not more than No vendor of alcoholic beverages of alcoholic content, for con - fourteen percent by weight and wines, reg hmp Bion on premises, shall be permitted to conduct his place ofparallel usiness in the unless such place of business then Business "A" streetadesignatedline Sylvan Drive(, feet e east and aer lineau of a street is restaurant or delicatessen and the sale of beer and wine is incidentalto the sale of food. Section 3-6. Distance of the foregoing sections above, beverage license, whether for on location is not less than: One thousand five hundred feet from any other location (a) beverage license; where there exists a current alcoholic or (b) One thousand five hundred feet from any established school or church. Section 3-7. Measurement of Distances. All distances provided in rohibited. Limitations. Notwithstanding the provisions no location shall be approved for an alcoholic or off premises consumption, unless such this part shall be measured as follows. (a) With respect to the distance between a location for which an license is proposed and a location where such a license abeveragefollowing a straight line from proposed exists, ists, the distance shall be measuredby of a building which is the pro P the nearest point of the building or p onion of a building license premises to the nearest point inof the building or p which is the existing licensed premises. 3. (b) With respect to the distance between a location for which an alcoholic beverage license is ptoposed and an established church or school, the distance shall be measured by following a straight lineefromdthe a part of e nearest point of the building or portion of a building to the proposed location to the nearest point of the grounds contiguous to and a part of the church or school facilities. Section 3-8. Existin: Conditions. (a) Establishments in locations presently open for business and where a current valid alcoholic beverage license existed on theY�fenorvshalle of this ordinance shall not in any manner be affected by this pa any right of renewal of such licenses be altered or changed by the distance limitations or any other provision of this part. (b) Notwithstanding the limitations of this part, any location shall be approved for an alcoholic beverage license if in compliance with the zoning code and such license is being thensferreeffectaverdateed offthisaordinance norlocation rshallcurrent valid license existed prior to t the number of times such license may be transferred or moved be liedoso long as each new location meets the requirements of this part with respect ca- tions of churches, schools or existing alcoholic beverage licenses. Section 3-9. Lighting re.uirements on premises sellin; alcoholic Each vendor licensed to sell alcoholic beverages, intoxicating liquors, wines or beer in the city, during all times his premises are open for business or in which members of the public are admitted, shall maintain not less than five foot-candles of light in all parts of his premises to which members of the s r such public are admitted and where the Itle of shallsbeh nlawfuleforsanyde sueh vendor to beverages dispensed or con to be consumed any sell, offer for sale, serve or dispense or permitret of his prem ialcoholiclc unless beverages, intoxicating liquors, wines or beer upon p the same is then and there lighted with not less than five foot-candles of light. Section 3-6 3-10. Playing of musical or noise -producing e•ui•ment rohibited. beverages. outside of buildin It shall be unlawful for any vendor of alcoholic beverages, intoxicating liquors, wines or beer to install, maintain, harbor or play at a physical location building comprising the whole or any part of such in anywise outside of any vendor's business premises any musical or noise -producing instrument, public address or loudspeaker equipment, or any portion thereof, whatsoever. Section 3-4 3-11. Consum.tion on vendor's premises. It shall be unlawful for any person to consume any alcoholic beverages including beer or wine on the premises of any licensed vendor except within: (1) the building which is the address of such licensed vendor or (2) within a recreation area contiguous to the building, and maintained and controlled by the not liited licensed vendor exclusively for recreational purposes sities, or including other but oeclimiienal to golf facilities, to-nis facilities, swimming facilpurposes. 4, Section 3-12. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict repealed. Section 3-11. This ordinance shall become effective immediately upon final passage. * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading March 24, 1980 Passed by the City Commission on Second Reading March 24, 1980 Passed by the City Commission on Third & Final Reading (SEAL) ATTEST: April 28, 1980 (iCl��c'ifG'Lc J rit f,,/2 4Z—C Adelaide R. Tucker, City Clerk § 3-1 Alcoholic Beverages § 3-1. § 3-2. § 3-3. § 3-4. § 3-5. § 3-6. § 3-7. § 3-8. CHAPTER 3. ALCOHOLIC BEVERAGES .1 § 3-1 Hours when sales, etc. , prohibited --Persons holding licenses to sell alcoholic beverages. Same --Persons not holding licenses to sell alcoholic beverages. Locations where sales permitted generally. Locations where on -premises sales prohibited. Lighting requirements on premises selling alcoholic beverages. Playing of musical or noise -producing equipment outside of buildings prohibited. Consumption on vendor's premises. Consumption, etc. , upon public property. Sec. 3-1. Hours when sales, etc., prohibited --Persons holding licenses to sell alcoholic bever- ages.2 It shall be unlawful for any person licensed to sell alcoholic beverages, intoxicating liquors, wine or beer in the city to sell, offer for sale, serve, give away, dispense or dispose of alcoholic beverages, intoxicating liquors, wine or beer , or permit the same to be consumed upon his premises, between the hours of 2: 00 A.M. on Christmas Day and 7: 00 A.M. on the day following Christmas Day, and between the hours of 2: 00 A.M. on Sundays and 1: 00 P.M. on Sundays, and between the hours of 2: 00 A.M. and 7: 00 A.M. on all other days; provided, that on New Year's Day such beverages may be sold or served and dispensed by any person lawfully engaged in the business thereof, during the hours of 12: 01 A.M. and 4: 00 A.M. The premises in which any of such alcoholic beverages and intoxicating liquors and wine or beer are kept (except such premises as are primarily used and conducted as grocery stores, markets or primarily for the sale and serving of prepared foods for consumption thereon) shall be securely closed during such hours, and no person shall be permitted therein during such hours for any purpose whatsoever, except to clean up the premises or to perform necessary func- tions for closing the establishment . (Ord. No. 10-61-8, § 1; Ord. No. 10- 74-10, § 1.) 1. For state law as to alcoholic beverages generally, see Fla. Stats. , § 561.01 et seq.' As to alcoholic beverage license fees, see § 10-5 of this Code. As to registration, fingerprinting and photo- graphing of persons employed in places selling alco- holic beverages for consumption on premises, see § 14-15. 2. For state law authorizing city to regulate hours of sale of alcoholic beverages, see Fla. Stats. , § 562.14. 67 Supp. #8, 10-79 § 3-2 Atlantic Beach City Code § 3-4 Sec. 3-2. Same --Persons not holding licenses to sell alcoholic beverages. It shall be unlawful for any person operating for profit, but not licensed to sell alcoholic beverages , intoxicating liquors , wines or beer in the city , to serve, give away or dispense alcoholic beverages intoxicating liquors , wine or beer or permit the same to be consumed upon his premises between the hours of 2: 00 A.M. on Christmas Day and 7: 00 A.M. on the day following Christmas Day , and between the hours of 2: 00 A.M. on Sundays and 1: 00 P .M on Sundays , and between the hours of 2: 00 A.M. and 7: 00 A.M. on all other days. (Ord. No. 10-61-8, § 2.) Sec. 3-3. Locations where sales permitted generally.3 No vendor of alcoholic beverages (except vendors of beverages contain- ing alcohol of not more than fourteen percent by weight, and wines, regardless of alcoholic content) shall be permitted to conduct his place of business in any location within the city except the following: (a) The premises commonly known as Roland's Red Barn so long as the sale for consumption on premises of alcoholic beverages is incidental to the sale of food. (b) The premises commonly known as Le Chateau. (c) The club house site and pro shop site of the Selva Marina Country Club. (d) The premises commonly known as the Sea Turtle. (e) The premises located and fronting on Atlantic Boulevard from a point two hundred feet east of the center line of a street designated Sylvan Drive , west to the city limits. (f) All premises located and fronting on the Mayport Road and in a Business "B" Zone. (g) The premises commonly known as Letizia's Italian Restaurant so long as the sale for consumption on premises of alcoholic beverages is incidental to the sale of food. (Ord. No. 10-61-8, § 3; Ord. No. 10-73-9, § 1; Ord. No. 10-15-72.) Sec. 3-4. Locations where on -premises sales prohibited. No vendor of alcoholic beverages containing alcohol of not more than fourteen percent by weight and wines , regardless of alcoholic content , for con- sumption on premises , shall be permitted to conduct his place of business in the Business "A" Zone east of a line two hundred feet east and parallel to the center line of a street designated Sylvan Drive, unless such place of business is a restaurant or delicatessen and the sale of beer and wine is incidental to the sale of food. (Ord. No. 10-61-8, § 4.) 3. For state law authorizing city to restrict location of vendors of alcoholic beverages , see Fla, Stats. , § 561.44. 68 Supp. #8, 10-79 § 3-5 Alcoholic Beverages § 3-8 Sec. 3-5 . Lighting requirements on premises selling alcoholic beverages'. Each vendor licensed to sell alcoholic beverages, intoxicating liquors, wines or beer in the city, during all times his premises are open for business or in which members of the public are admitted, shall maintain not less than five foot-candles of light in all parts of his premises to which members of the public are admitted and where the sale of such beverages is made or such beverages dispensed or consumed. It shall be unlawful for any such vendor to sell, offer for sale, serve or dispense or permit to be consumed any alco- holic beverages , intoxicating liquors , wines or beer upon part of his premises unless the same is then and there lighted with not less than five foot-candles of light. (Ord. No. 10-61-8, § 5.) Sec. 3-6. Playing of musical or noise -producing equip- ment outside of buildings prohibited. It shall be unlawful for any vendor of alcoholic beverages, intoxicating liquors , wines or beer to install, maintain, harbor or play at a physical loca- tion in anywise outside of any building comprising the whole or anypart of such vendor's business premises any musical or noise -producing instrument, public address or loudspeaker equipment, or anyportion thereof, whatsoever (Ord. No. 10-61-8, § 6.) Sec. 3-7 . Consumption on vendor's premises. It shall be unlawful for any person to consume any alcoholic beverages including beer or wine on the premises of any licensed vendor except within: (1) the building which is the address of such licensed vendor or (2) within a recreation area contiguous to the building, and maintained and controlled by the licensed vendor exclusively for recreational purposes including but not limited togolf facilities , tennis facilities , swimming facilities , or other recreational purposes. (Ord. No. 10-74-11, § 2.) Sec. 3-8. Consumption, etc. , upon public property. It shall be unlawful for any person to consume alcoholic beverages upon the public properties within the city , or for any person to be in possession of an open container of an alcoholic beverage upon the public properties within the city. Such public property to include , but not be limited to, roads, streets , highways , parks and the ocean beach. (Ord. No. 10-79-12, § 2.) 69 Supp. #8, 10-79 ORDINANCE NO. 95-81-24 AN ORDINANCE; AMENDING CHAPTER FOUR; ENTITLED "ANIMALS AND FOWL", OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, BY ADDING THERETO A PROVISION TO PROHIBIT, DUR- ING CERTAIN MONTHS OF THE YEAR, DOGS, CATS, HORSES, AND OTHER DOMESTIC AND t,'ILD ANIMALS UPON THE -PUBLIC BEACH AND ADJACENT WATERS OF THE ATLANTIC OCEAN; REPEALING CON- FLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section I: It shall be unlawful, during the months of April through September of each year, for any person who shall own or be in charge of any dog, cat, horse, and other domestic and wild animal, to be upon, or wander or stray upon the public beach and adjacent waters of the Atlantic Ocean within the territorial boundaries of the City of Atlantic Beach. Section II: A11 ordinances or parts of ordinances in conflict herewith are hereby repealed. Section III: This ordinance shall be effective immediately upon its final passage. Passed and adopted on First Reading on Passed and adopted on Second Reading on Passed and adopted on Third & Final Reading **See below * * * * * * * * * * * * August 10, 1981. August 24, 1981 (SEAL) August 24, 1981 NO PUBLIC BEARING WAS CALLED FOR THIRD AND FINAL READING. § 4-1 Animals and Fowl § 4-1 CHAPTER 4. ANIMALS AND FOWL .1 Article I. In General. § 4-1. City designated bird sanctuary; shooting, molesting, etc. , of birds prohibited; exception. Article II. Dogs and Cats. § 4-2 . Definitions. § 4-3 . Registration and tagging required. § 4-4. Impounding licensed or unlicensed dogs or cats; redemption; disposition of dogs or cats when not redeemed. § 4-5. Rabid dogs or cats. § 4-6. Animal control officer. § 4-7. Cruelty to animals; keeping of certain animals within city limits; disposal of dead animals. § 4-8. Penalty. Article I. In General. Sec. 4-1. City designated bird sanctuary; shooting, mo- lesting, etc. , of birds prohibited; excep- tion. The entire area embraced within the city is hereby designated as a bird sanctuary It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests; pro- vided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property , in the opinion of the proper health authorities of the city, then the health authorities shall meet with representatives of the Audubon Society , Bird Club , Garden Club or Humane Society , or as many of such clubs as are found to exist in the city , after having given at least three days actual notice of the time and place of such meeting to the representatives of such clubs . If as a result of said meeting no satisfactory alternative is found to abate such nuisance , then such birds may be destroyed in such numbers and in such For charter provision authorizing city to regulate the keeping of domestic and other animals , see Char. , § 4(12). As to prohibition against riding animals on beach during certain periods , see § 5-6 of this Code. As to noise by animals or birds , see § 12-9. 71 Supp. #7, 5-78 § 4-2 Atlantic Beach City Code § 4-3 manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. (Ord. No. 95-58-1, § § 1, 2.) Article II. Dogs and Cats . 2 Sec. 4-2. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat. All domestic felines, four months or more of age. Dog. All members of the canine family , male and female , three months or more of age. This includes pet foxes, wolves, etc. Owner. Any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Vaccination against rabies. The proper administration of anti -rabies inoculation or vaccination by a veterinarian licensed by the board of veterinary examiners of the state. (Ord. No. 95-67-10, § 1.) Sec. 4-3. Registration and tagging required.3 (a) No dogs or cats, male or female, shall be owned or kept in the city unless properly registered and tagged as hereinafter provided. (b) The registrar of dogs and cats shall require, prerequisite to registration, proof showing that such dog and cat has been inoculated against rabies within one year irarneciiately prior to application for such __.., � _ , .,., "v.� prior �.,.� �;, any u�il✓tia.u�ivil registration . The certificate of a veterinarian, licensed to practice veterinary medicine and surgery by the Board of Veterinary Examiners of the state, shall be accepted as conclusive evidence to the fact and time of such inoculation. (c) No person shall be allowed to keep any dog or cat, male or female, in the city unless the person shall first register such animal with the city and purchase from the city an identification tag for each animal for the sum of two dollars per annum. The tag is to be attached to the animal's collar and worn continuously. The city shall upon issuance of the tag, make a record of the 2. For state law authorizing seeing -eye dogs to accom- pany blind persons in hotels and restaurants, see Fla. Stats. , § 413.08. As to damages by dogs and liability of owners therefor, see Fla. Stats. , §§ 767001 to 767.04. 3. For charter provision authorizing city to license dogs, see Char. , § 125. For state law authorizing city to license dogs, see Fla. Stats , , § 168.09 72 Supp. #7, 5-78 § 4-4 Animals and Fowl § 4-4 name and address of the owner of the animal, the number of the tag, and physi- cal description of the animal, and the date the tag was issued. The tags shall be numbered and issued in regular sequence. Licenses shall be due and pay- able the first day of July of each year. (Ord. No. 95-67-10, § 2; Ord. No. 95- 77-16, § 1.) Sec. 4-4 Impounding licensed or unlicensed dogs or cats; redemption; disposition of dogs or cats when not redeemed.4 (a) Any unlicensed dog or cat found in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period not to exceed seven days. The owner must comply with the tag requirement before the dog or cat is released. The license fee for unlicensed dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up (b) Any dog or cat committing a nuisance or found running at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period not to exceed seven days. (c) No dog muzzled, unmuzzled or inoculated against rabies shall be allowed in public places such as hotels, theaters, streets, the beach or upon property other than that of its owner, unless the dog shall be fastened to a suitable leash of dependable strength not to exceed eight feet in length, within the city. (d) It shall be unlawful for any person who shall own or be in control of or in charge of any dog or cat, to allow or permit such dog or cat to wander or stray upon the property of another and damage such property. In the event any such dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of such damage and the identity of the dog or cat shall be suf- ficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (e) It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law (Ord. No. 95-67-10, § 3; Ord. No, 95-75-13, § 1; Ord. No. 95-77-16, § 1.) 4. For state law authorizing city to regulate running at large of dogs, see Fla. Stats. , § 168.09. 73 Supp. #7, 5-78 § 4-5 Atlantic Beach City Code § 4-6 Sec. 4-5. Rabid dogs or cats. (a) If a dog or cat is suspected of having rabies , or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the Humane Society or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation for a period of two weeks at the expense of the owner . (b) In the event any person is scratched or bitten by a dog or cat with- in the corporate limits of the city then it shall become the duty of such person or the owner of the dog or cat with knowledge thereof, to report such incident to the police department of the city , or to the city health officer within twenty- four hours thereafter (c) Any animal reported to have bitten a person shall be kept in quar- antine for such period of time and place as may be designated by the city health officer for the purpose of testing such dog for disease . Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city health officer for laboratory analysis by a licensed veterinarian. No lia- bility for compensation to the owner of such animal shall attach to the city by virtue of any procedure hereunder by the city health officer . All costs in con- nection with this section shall be borne by the owner of the animal. (d) It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term "vicious dog" shall not be limited to only those dogs who are known to have bitten any person. (Ord. No. 95-67-10, § 4; Ord. No. 95-77-16, § 1.) Sec. 4-6. Animal control officer . (a) The city manager shall appoint and employ a suitable person or persons as the official animal control officer or officers for the city , and shall cooperate with the Jacksonville Animal Control, city or county health officer and the city or county rabies control program. (b) No person shall interfere with, hinder or molest any police officer , health officer or impounding officer in the performance of any duty required by the provisions of this article. (c) No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impound- ing vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. (Ord. No. 95-77-16, § 1.) 74 Supp. #7, 5-78 § 4-7 Animals and Fowl § 4-8 Sec. 4-7. Cruelty to animals; keeping of certain animals within city limits; disposal of dead animals . (a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat , mutilate or kill any animal or cause or permit either of such offenses to be committed. (b) It shall be unlawful for any person to wilfully and maliciously steal, kill, wound or injure any animal the property of another or wilfully and mali- ciously administer poison to any such animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal the prop- erty of another. (c) It shall be unlawful for any person to wilfully and maliciously mis- treat or abandon any animal within the limits of the city. (d) Any animal or fowl which persistently makes noises, or otherwise conducts itself in a manner which unduly excites and generally annoys citizens of the city is hereby declared to be a nuisance injurious to the public peace , order and welfare; and any person found guilty of keeping, maintaining or aid- ing and abetting in the keeping or maintaining of any such nuisance, within the city, after three days notice from the city manager, or any police or health officer of the city , to abate the same, shall be punished as hereinafter provided. (e) No stable or premises may be maintained in the city for the housing and keeping of horses, mules , cows, cattle, hogs, chickens or poultry . (f) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city (g) It shall be unlawful for any person, whether as owner or agent, to keep or cause to be kept within the corporate limits of the city any rooster closer than one hundred yards from any inhabited dwelling other than the dwelling of the owner thereof or the person keeping the same. (h) Whenever any animal shall die within the corporate limits of the city the owner of such animal shall cause the dead body thereof to be removed outside of the city limits and disposed of as directed by the health and sanitary inspection department, (Ord. No. 95-77-16, § 1.) Sec. 4-8 Penalty . Any person violating any of the provisions of this article shall upon con- viction be punished by a fine not exceeding one hundred dollars or by imprison- ment in the city jail not to exceed thirty days or by both such fine and imprison- ment. (Ord. No. 95-77-16, § 1.) 74.1 Supp. #7, 5-78 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 Coaiission 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 § 5-1 Beaches § 5-2 CHAPTER 5. BEACHES, 1 Article I. In General. § 5-1. Director of public safety authorized to close use of ocean or beach in emergencies. § 5-2. Undressing or changing clothes on beach. § 5-3. Picnicking on beach. § 5-4. Leaving refuse on beach prohibited. Article II. Safety Zone. § 5-5. Established; hours and period when regulations effective. § 5-6. Use of vehicles and riding of animals prohibited in restricted area. § 5-7. Barricades to be erected. Article I. In General. Sec. 5-1. Director of public safety authorized to close use of ocean or beach in emergencies. During such times as, in the opinion of the director of public safety, or in his ab- sence the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the bulkhead and the waters of the Atlantic Ocean, is deemed dangerous and hazardous to the safety, life and health of persons using such ocean or beach, or any condition shall exist or be threatened, in the opinion of the director of public safety that will imperil the peace and good order of the city, the director of public safety is authorized to close such ocean or beach or both or any part thereof and prohibit all swimming or bathing in such ocean or use of such beach or both in any manner, and require all persons thereon forthwith to remove themselves therefrom, or any part thereof, until the ocean, beach or dangerous areas are considered safe again for use. It shall be unlawful for any person to knowingly use, or refuse, when ordered, to remove themselves from, any area which has been closed by the director of pub- lic safety. (Ord. No. 57-60-3, §§ 1, 2.) Sec. 5-2. Undressing or changing clothes on beach. 2 It shall be unlawful for any person to undress or change their clothing upon the ocean beach within the city. (Ord. No. 72, § 1.) 1. As to prohibition against aircraft using beach for landing or taking off, see § 14-1 of this Code. As to parks and recreation, see ch. 15. 2. As to indecent exposure, see § 14-4 of this Code. 75 § 5-3 Atlantic Beach City Code § 5-7 Sec. 5-3. Picnicking on beach. It shall be unlawful for any person to have or participate in a picnic on the ocean beachwithin the city. (Ord. No. 72, § 1. ) Sec. 5-4. Leaving refuse on beach prohibited. It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab or other type of refuse upon the beach in the city. (Ord. No. 76, § 2. ) Article II. Safety Zone. 3 Sec. 5-5. Established; hours and period when regulations effective. During the entire period from 8:00 A. M. and 7:00 P. M. of each day, begin- ning May 1 and continuing to and including September 30 in each year, all of that area of the ocean beach within the city lying southerly of the prolongation easterly of the northerly line of the seawall to the low water mark of the Atlantic Ocean and norther- ly of the prolongation easterly to such low water mark of the northerly line of Lot 5, Block 36, Atlantic Beach, according to the plat recorded in Plat Book 5, page 69 of the current public records of Duval County, Florida, is established as a safety zone for the use of persons engaged in bathing, sun-bathing, games, fishing and similar recreational activities. (Ord. No. 205, § 1.) Sec. 5-6. Use of vehicles and riding of animals prohibited in restricted area. It shall be unlawful for any person to propel, operate or drive any power -driven vehicle or any vehicle drawn by a draft animal or to ride any animal at any with- in the hours between 8:00 A. M. and 7:00 P. M. on any day beginning May 1 and con- tinuing to and including September 30 of each year within that area of the ocean beach specified in section 5-5. (Ord. No. 205, § 2.) Sec. 5-7. Barricades to be erected. There shall be erected and maintained at all times during the hours and period specified in section 5-1 and the city manager shall erect and maintain during all such times a suitable obstruction or barricade along the northerly and southerly lines of such area hereinbefore described to prevent the entry therein of vehicles and other traffic prohibited by this article. (Ord. No. 205, § 3. ) 3. City has authority to close portion of beach, although such beach has been declared a public highway, to vehicular traffic. Town of Atlantic Beach v. Oosterhoudt, 127 Fla. 160, 172 So. 687 (1937). 76 ORDINANCE NO. 25-82-1 AN ORDINANCE ADOPTING A STANDARD MECHANICAL CODE; PROVIDING AN EFFECTIVE DATE THEREOF BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. It is hereby adopted by the City for the purpose of establishing rules and regulations for mechanical construction, maintenance, and repair, including permits and penalties that certain code known as the Standard Mechanical Code, current edition, filed and adopted by the Southern Building Code Congress, including changes and amendments, for the purpose of establishing a comprehensive performance code for the minimum design and installation requirements for heating, ventilating and air conditioning systems in all buildings. Terms and conditions set forth within the booklet are hereby adopted and incorporated as fully as if set out at length herein and from the effective date of section the provisions contained therein shall control within the limits for the City. Section 2. Fees. No permit shall be granted for any mechanical installation within the limits of the City until after inspection fees shall have been paid; such inspection fees are hereby fixed on the schedule attached, marked Exhibit "A". Section 3. This ordinance shall become effective on October 1, 1982. 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 Cle,k EXHIBIT "A" Mechanical Permit Fees: a. For issuing each permit $ 10.00 b. Air Conditioning and Refrigeration (total capacity in single installation) For each ton or fractional part thereof: Air conditioning from 1 ton to 10 tons total capacity in single installation, for each ton or fraction thereof for each apartment or business will be considered a separate system $ 4.00 For each ton of air conditioning over 10 tons or fractional part thereof up to 25 tons 2.00 For each ton of air conditioning over 25 tons or fractional part thereof 1.00 c. Furnaces and Heating Equipment (total capacity in single installation) For the first 200,000 BTU per hour capacity or fractional part thereof in single installation for each apartment or business 10.00 For each additional 50,000 BTU per hour of fuel used or fractional part thereof 2.00 Any burner (not in heating system) each 6.00 d. Boilers, Including Heating Element For the first 500,000 BTU per hour input of fuel 15.00 For each additional 100,000 BTU per hour input of fuel or fractional part thereof 3.00 e. Air Duct Systems For the first 2,000 cubic feet per minute capacity of air handled in duct system 10.00 For each 1,000 cfm over 2,000 cfm or fractional part thereof up to 10,000 cfm 4.00 For each additional 1,000 cfm or fractional part thereof 2.00 f. Pumps 2.00 g. Wells 10.00 h. Tanks - All Types - Gasoline or LP 0-600 gallons 10.00 Over 600 to 10,000 gallons capacity or fractional part thereof 50.00 For each additional 1,000 gallons or fractional part thereof 2.00 i. Service Station Automobile Lifts 5.00 J• Elevators, Escalators, Manlifts Hoists for the first four (4) floors 50.00 k. Fire Sprinkler Systems For the first forty (40) sprinkler heads or fractional part thereof 15.00 For each additional 10 sprinkler heads or fractional part thereof 2.00 1. Fire Standpipes - Each 3.00 m. Fire Hose Cabinets - Each 3.00 n. Prefabricated Fireplaces - Each 15.00 o. Alteration or Repair of Boiler or on Fired Pressure Vessel 15.00 p. Solar Collector System 15.00 q. Commercial Hood Installation 15.00 r. Heat Exchanger or Coil in Ducts 5.00 s. Minimum Fee for any Mechanical Pe Wait 10.00 t. For mechanical fee not listed in this section, fee shall be based on $4.00 per thousand dollars u. Reinspection Fee 10.00 Gas Piping Permit Fees: Consumers gas piping and appliances at one location a. For issuing each permit 10.00 b. For one to four outlets 5.00 For each additional outlet 1.00 c. For conversion burners, floor furnaces, incinerators, boilers, central heat and air conditioning units 5.00 For each additional unit 1.00 d. Vented wall furnaces and water heaters each unit 2.50 e. Reinspection Fee 10.00 Buildings CHAPTER 6. BUILDINGS. Article I. In General. § 6-1. Fallout shelters. Article II. Building Official. § 6-2. Office created. § 6-3. Appointment; term of office. § 6-4. Absence of building official. § 6-5. Appointment of inspectors and assistants. § 6-6. Duties. § 6-7. Right of entry. Article III. Building Code. § 6-8. Adoption. § 6-9. Definitions. § 6-10. Amendments. § 6-11. Article and Building Code not to affect prior rights, liabilities, etc. Article IV, Numbering of Buildings. 6-12. Buildings required to be numbered. 6-13. Attachment of numbers to buildings. 6-14. Duties of building official, 6-15. Street numbering districts designated. 6-16. System of numbering., 6-17. Removing or defacing numbers. 1. As to electricity, see ch. 7 of this Code. As to fire pro- tection, see ch. 9. As to license fees for contractors, see § 10-5. As to license fees for house movers, see § 10-5. As to restrictions on building operations at night, see § 12-6. As to dangerous, dilapidated, un- sanitary, etc. , buildings as nuisances, see § 13-1. As to plumbing, see ch. 17. As to sewers and sewage disposal, see ch. 19. As to signs and advertising struc- tures, see ch. 20. As to subdivision of land, see ch. 23. As to swimming pools, see eh. 24. As to trailers and trailer parks, see ch. 26. As to water supply, see ch. 27. As to zoning, see ch. 28. 77 § 6-1 Atlantic Beach City Code § 6-7 Article I. In General. Sec. 6- 1. Fallout shelters. Fallout shelters for the protection of persons from radioactive fallout may be built within the city. Such shelters shall comply with the set back requirements for "accessory buildings" in accordance with chapter 28 of this Code. Such shelters shall be built according to the general plans and specifications set up by the office of civil and defense mobilization. (Ord. No. 30-61-1, § 1.) Article II. Building Official. Sec. 6-2. Office created. The office of building official is hereby created. The executive official in charge shall be known as the building official. (Ord. No. 25-59-1, § 2.) Sec. 6-3. Appointment; term of office. 2 The building official shall be appointed by the city manager, and shall serve at the pleasure of the city manager. (Ord. No. 25-59-1, § 2.) Sec. 6-4. Absence of building official. During the temporary absence or disability of the building official, the city man- ager shall designate an acting building official. (Ord. No. 25-59-1, § 2.) Sec. 6-5. Appointment of inspectors and assistants. The building cffi ciai, with the approval of the city manager, aiige%, y arNiisuch inspectors and assistants as shall be authorized from time to`time. (Ord. No. 25- 59-1, § 2.) Sec. 6-6. Duties. It shall be the duty of the building official to enforce all laws relating to the con- struction, alteration, removal and demolition of buildings and structures. (Ord. No. 25-59-1, § 3.) Sec. 6-7. Right of entry. The building official, in the discharge of his official duties and upon proper identification, shall have authority, with the consent of the owner or occupant, to 2. For charter provision authorizing city manager to appoint city officers and employees, see Char. , § 26. 78 § 6-8 Buildings § 6-10 enter any building, structure or premises at any reasonable hour. If the owner or occupant shall refuse to give such consent, the building official shall enter such building, structure or premises only pursuant to authority granted by a properly issued search warrant. (Ord. No. 25-59-1, § 4.) Article III. Building Code . Sec. 6-8. Adoption . There is hereby adopted, subject to the modifications, changes and amend- ments set forth in this article, for the purpose of establishing rules and regula- tions for the construction; alteration, removal, demolition, equipment, use and occupancy , location and maintenance of buildings and structures, including permits and penalties , that certain Building Code known as "The Southern Standard Building Code" , current edition, filed and adopted by the Southern Building Code Congress and the whole thereof, except such portions as are deleted, modified or amended by this article, of which not less than three copies have been and are now filed in the office of the city clerk, and the same is here- by adopted and incorporated as fully as if set out at length herein, and the pro- visions thereof shall be controlling in the construction of all buildings and other structures within the city, (Ord. No. 25-59-1; Ord. No. 25-65-5; Ord. No. 25-70-8, § 1; Ord. No. 25-74-10, § 1; Ord. No. 25-77-13, § 1.) Sec. 6-9 Definitions. For the purposes of the Building Code adopted by this article, the follow- ing words and phrases shall have the meanings respectively ascribed to them by this section: Building official. The building official of the city . City or municipality . The City of Atlantic Beach, Florida. (Ord. No. 25- 59-1, § 5.) Sec. 6-10 Amendments. The Building Code adopted by this article is amended and changed in the following respects: (1) Subparagraph (b) of section 102.1 and the whole of section 102.2 and the whole of section 102.3 are hereby deleted. (2) The following additional subparagraph designated (d) is added to section 107.4 as follows: "107.4 (d) . No fees shall be charged for permits and inspections for con- struction, repair or alteration of any building work done on any property which is owned and used exclusively for religious , scientific , municipal educational, literary or 79 Supp . #7, 5-78 § 6-10 Atlantic Beach City Code § 6-10 charitable purposes, and which property is exempt from taxes by the Constitu- tion and laws of the State of Florida." (3) Section 111.1 is hereby deleted and the following is substituted therefor: "There is hereby established in the city a board to be called the board of adjustments and appeals, which shall consist of five members and who shall be appointed by the city commission." (4) Section 114 is hereby deleted. (5) There is hereby added to section 301.1 and immediately following such section the following: "The first fire district shall include all that certain territory of the city embraced within Business "A," "AA" and "A-1" Districts, as the same are now or may hereafter be established by chapter 28 of the City Code. The second fire district shall include all that certain territory of the city embraced within Business "B" and Residential "C" Districts, as the same are now or may here- after be established by chapter 28 of the City Code." (5a) Section 705 (f) of the Southern Standard Building Code of 1973 is hereby amended as follows: "In combustible roof construction, where ceilings or concealed spaces occur , such spaces shall be divided into horizontal areas of not more than the living or business unit therein with tight partitions of noncombustible material or of approved wood construction consisting of one-half inch exterior plywood or of not less than two thicknesses of one inch nominal lumber with joints broken. The concealed space partition shall be perpendicular and in line with the division partition of all units within the building." (6) There is hereby added to section 706.7 and immediately following the same the following: "Roofs shall be installed in accordance with the manufacturer's specifica- tions. All roofs shall have a suitable metal eave drip. All nails and exterior metal shall be galvanized or otherwise suitably corrosive resistant." (7) There is hereby deleted and stricken from section 1302.1 the follow- ing words: "One and two-family dwellings may not be required to have reinforced concrete footings or grillage of steel." (8) There is hereby added to section 1302.3, at the end thereof, the following provision: 80 Supp. #7, 5-78 § 6-10 Buildings § 6-10 "Footings shall be continuous monolithic concrete under exterior walls, reinforced with two 5/8 inch deformed reinforcing rodsfor one-story buildings and three 5/8 inch deformed reinforcing rods for two story buildings. Rein- forcing rods shall be placed in the lower one-third of the footings, . properly placed and fastened on metal saddles with wire. Footings shall be six inches wider on each side than the wall above, shall be at least eight inches thick and shall rest on firm soil at least twelve inches below undisturbed soil." (9) There is hereby added to section 1302.5 an additional subpara- graph (e) , as follows: 80.1 Supp. #5, 12-74 § 6-10 Buildings § 6-10 "Foundation walls shall be continuous and piers shall not be permitted to support exterior bearing walls. All frame superstructure above the foundation wall shall be provided with approved termite protection. (10) Section 1404. 2 (c) is hereby amended by striking therefrom the figure "(6), " where the same appears in line 2 of such subsection, and substituting in lieu thereof the figure "(8), " and further by adding at the end of such section the following: "The uppermost eight inches of any hollow concrete masonry wall, and the upper- most eight inches of the wall of each story height, shall be reinforced concrete span- drel beam, or lintel block filled with 3, 000# concrete. Two 1/2 inch steel deformed reinforcing rods shall be used as minimum reinforcing. Reinforcing shall be increased at openings to provide necessary strength. All masonry shall be finished to provide a true and even surface for wooden structural members. Such structural members except floor joist shall be securely fastened to the concrete bearing surface with bolts (galva- nized) not less than 1/2" in diameter, securely embedded in the concrete, and spaced not more than four feet apart. Compliance with section 1408. 2 of the Code is intended; and in addition thereto, the wood plate or beam (bolted to the masonry lintel or spandrel beam) shall be fastened with hurricane clips to each joist, rafter or roof truss at every point of bearing. " (11) Section 1701.4 is hereby deleted. (12) Section 1701. 7 is hereby amended by adding the following additional sub- sections thereto: "Section 1701.3 (a) Foundation wall vents. Space under first floor joists except in such space as is occupied by a basement or Geller, shall be provided with open- ings to insure ventilation. Such ventilating openings shall be proportioned on the basis of not less than one and one-half (1 1/2) square feet net opening for each fifteen lineal feet or major fraction thereof of exterior wall. Vents shall be so placed as to provide ventilation at all points and prevent dead air pockets; they need not be placed in the front of the building. Such openings shall be screened with galvanized hardware cloth having an opening or mesh no greater than 1/4 inch square. "(b) Clearance. There shall be clearance of not less than eighteen inches between the bottom of untreated wood framing and the ground beneath. "(c) Foundation sills. All masonry shall be finished to provide a true and even bearing surface for wooden structural members. Such structural members shall be securely fastened to the masonry or concrete bearing surface. All foundation sills shall be bolted with not less than one-half inch diameter bolts securely embedded in the masonry spaced not more than six feet apart. "All wood foundation sills which are less than eighteen inches above exposed un- protected ground under the building shall be a heartwood grade of a durable species, or shall be pressure treated with an approved preservative. All foundation sills shall be separated from contact with foundations of unit masonry by not less than twen- ty-eight ga. Galvanized iron or other approved corrosion -resistant metal, or by slate or may be bedded in 1:3 cement mortar. 81 Supp. #1, 5-70 § 6-10 Atlantic Beach City Code § 6-10 "All sleepers imbedded in or on concrete on ground shall be pressure treated lumber or heart grade Redwood, Cedar or Tidewater Cypress. " (13) Section 1701.1 is hereby amended by addition of the following subparagraph: "(i) Each rafter, trussed rafter or roof joist shall be fastened with a hurricane clip at every point of contact to its supporting wall plate or ceiling joist." (14) Chapter XXIII, "Signs and Outdoor Displays, " is deleted. (15) Section 2706.1 is added as follows: "Section 2706.1 Glass and plastic requirements. "(a) Windows in either wood or metal sash, having sill thirty or more inches above the floor shall be glazed within the following minimum requirements: "Area not over nine square feet, double strength, common or sheet glass. "Area over nine square feet but less than eighteen square feet, c/16" plate glass. "Area over eighteen square feet but not over twenty-seven square feet, 1/4" plate glass. "Area over twenty-seven square feet but not over eighty-two square feet, 1/2" plate glass. "(b) Windows of which sill is at or near floor level, Glass doors and adjacent glass panels, which with sliding glass door constitute a glass door assembly, shall be of one of Lhe following types: "1. Approved laminated safety glass, as used in auto windshields. "2. Approved full tempered glass not less than 1/4" in thickness. "And where glass 1/4" thick of this type is used a horizontal metal mullion about waist height, must be permanently attached thereto and made part thereof. "3. Approved 1/4" thick, or heavier, wired glass in which wire diameter is not less than 0.02 inch and area enclosed by wire strands is not over 1 1/2 square inches. "(c) Shower enclosures, if of glass, shall be of the quality and characteristics specified in paragraph (b) above. "(d) Shower and shower bath doors, other than sliding doors, shall open outward. 82 Supp. #1, 5-70 § 6-10 Buildings § 6-10 "(e) Plastic used in fabrication of shower and shower bath enclosures, or assem- blies, shall be of one of the following types: "1. Fiberglass reinforced panels of a weight not less than eight pounds per square foot. 82.1 Supp. #1, 5-70 § 6-11 Buildings § 6-15 . Acrylic resin thermoplastic, not less than 1/8" in thickness. "3. High impact styrene, not less than 1/8" in thickness. "4. Any plastic material not specifically mentioned herein which may have been, or may be at a future date, specifically approved for such use by the Southern Building Code Congress; such approval having been duly published in a regular com- pliance report of such congress." (Ord. No. 25-59-1, § 6; Ord. No. 25-65-5, § 2; Ord. No. 60-66-1, § 9; Ord. No. 25-74-10, § 2. ) Sec. 6-11. Article and building code not to affect prior rights, liabilities, etc. Nothing in this article or in the Building Code adopted by this article shall be construed to affect any rights acquired or liability incurred, nor any cause or causes of action accrued or existing under any act or ordinance hereby repealed. Nor shall any right or remedy of any character be lost, impaired or affected by this article. (Ord. No. 25-59-1, § 8.) Article IV. Numbering of Buildings. pec. 6-12. Buildings required to be numbered. Every building, place of residence or place of business in the city which fronts on any public street shall have a number according to the system set forth in this ar- ticle. (Ord. No. 62, § 1.) pec. 6-13. Attachment of numbers to buildings. The number assigned to any building shall be permanently attached in a suitable manner, as determined by the building official, and shall be attached to the outside of the building in a conspicuous place easily discernible from the street upon which the building faces. (Ord. No. 62, § 2.) pec. 6-14. Duties of building official. It shall be the duty of the building official to assign each building a number, to attach or to have attached the assigned number or numbers, and to do all things nec- essary and practical to carry into effect the intent and provisions of this article. (Ord. No. 62, § 3.) pec. 6-15. Street numbering districts designated. The city is hereby divided into street numbering districts as follows: (a) First District. All that part of the city lying east and south and including both sides of the following streets: Sherry Drive between Atlantic Boulevard and Twelfth ptreet; Twelfth Street between Sherry Drive and East Coast Drive; East Coast Drive between Twelfth Street and Sixteenth Street. 83 Supp. #5, 12-74 § 6-16 Atlantic peach City Code § 6-16 (b) Second district. All that part of the city lying in the subdivision known as Saltair, except Sherry Drive (in the first district) and The Plaza (in the third district). (c) Third district. All that past of the city not within the first and second districts. (Ord. No. 62, § 4.) Seca 6-16. System of numbering. The building official shall assign street numbers within the street numbering districts as follows: (a) In the first district according to the system of numbering as follows: (1) On streets running from south to north and more northerly than easterly or westerly, only odd numbers (not evenly divided by 2) shall be assigned to buildings on the easterly side and only even numbers (evenly divided by 2) shall be assigned to buildings on the westerly side. (2) On streets running from east to west and more westerly than northerly or southerly, only odd numbers shall be assigned to buildings on the northerly side and only even numbers shall be assigned to buildings on the southerly side. (3) Atlantic Boulevard on the south and the ocean beach (at the concrete sea- wall) on the east are hereby declared and determined to be the zero coordinates or axis of this numbering system. Numbers shall run from zero on the south to the north and from zero on the east to west. (4) On every street, 100 numbers shall be assigned per block (50 numbers on each side), except on streets running from south to north, where "named" streets (instead of "numbered" streets) intersect and cress such straata running from, ,south to north and, in such case, 100 numbers shall be assigned to several blocks in such a manner that the number of the hundred block (Example: the 1200 block) shall be equal to the number of the "numbered" street immediately south thereof and except on streets running from south to north where "numbered" streets, if extended easter- ly, would intersect such streets running from south to north and, in such case, the number of the hundred block shall cease and the next number of the hundred block shall commence, as if the "numbered" street had extended easterly. (3) Each street number on each side of a street shall be measured one from the other (in quotient feet) by dividing the length (in feet) of the street (for which 100 numbers were assigned) by the numeral 50. Any given building shall be assigned the number or numbers (within the 100 numbers assigned to the part of block, or several blocks in which the given building is situated) oy dividing the distance (in feet) of one number from the other (assigned or unassigned), and the number or numbers having the closest nonfractional value for that side of the street shall be the number assigned. (b) In the second district, according to the system of numbering as follows: (1) According to subsection (a) (1) of this section. 84 Supp. #5, 12-74 § 6-17 Buildings § 6-17 (2) According to subsection (a) (2) of this section. (3) Atlantic Boulevard on the south and Saltair Boulevard through the district are hereby declared and determined to be the zero coordinates or axis of this number- ing system. Numbers shall run from zero on the south to the north, and from zero at Saltair Boulevard to the east and to the west. (4) On every street, 100 numbers shall be assigned per block (50 numbers on each side). (5) According to subsection (a) (5) of this section. (c) In the third district, according to the system of numbering as follows: (1) According to subsection (a) (1) of this section. (2) According to subsection (a) (2) of this section. (3) Atlantic Boulevard on the south and the first and second districts on the east are hereby declared and determined to be the zero coordinates or axis of this numbering system, except where the street is a continuation of a street in the first or second districts, and in such case, the coordinates or axis shall be that of the first or second district, whichever is the case. (4) On every street, 100 numbers shall be assigned for every five hundred feet, except where streets intersect less than one thousand feet apart, in which case 100 numbers shall be assigned according to subsection (b) (4) of this section. (5) According to subsection (a) (5) of this section. (Ord. No. 62, § 5.) Sec. 6-17. Removing or defacing numbers. No person shall remove or deface or attempt to remove or deface any numbers attached to buildings under the provisions of this article. (Ord. No. 62, § 7. ) 85 § 7-1 Electricity CHAPTER 7. ELECTRICITY.1 § 7-3 § 7-1. Purpose of chapter. § 7-2. Enforcement of chapter. § 7-3. Standards for materials, installations, etc. § 7-4. Journeyman and master electricians required to have certificate of competency. § 7-5. Licensed master electricians not to allow improper use of name. § 7-6. Master electricians to employ only certified electricians; exception. § 7-7„ Electrical permits required; to whom permits issued. § 7-8, Electrical inspections --To be made by building official or designated agent. § 7-9. Same= -Fees. § 7-10. Same --Permit prerequisite to inspection. § 7-.11, Same --Right of entry of electrical inspector. § 7-12, Same --Interference with electrical inspector. Sec. 7-1. Purpose of chapter. For the better protection of life and property and in the interest of public safety, the provisions of this chapter are adopted for the sale, installation, use, maintenance and repair of electrical wiring, apparatus or equipment for light, heat or power with- in the city. (Ord. No. 189, § 1.) Sec, 7-2. Enforcement of chapter. The enforcement of this chapter shall be under the control and supervision of the city manager. (Ord. No, 189, § 2.) Sec. 7-3, Standards for materials, installations, etc. (a) All electrical construction and all materials and appliances used in connection with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city shall conform to such rules and reg- ulations as may be embodied in this chapter or as may be adopted as hereinafter pro- vided, and shall conform with approved methods of construction for safety to life or property. The regulations set out in the National Electrical Code, as approved by the National Fire Protection Association, and in the National Electrical Safety Code, as approved by the American Standards Association, and other installations and safety regulations approved by the American Standards Association, shall be prima facie evidence of such approved methods. 1. As to utility tax, see §§ 8-14 to 8-18 of this Code. As to license fees for electrical contractor, see § 10-5. As to electricalrequirements for signs, see §§ 20-16 to 20-190 87 Supp. #2, 5-71 § 7-4 Atlantic Beach City Code § 7-6 (b) The National Electrical Code, as referred to in this section, is hereby adopted as the minimum requirements for all electrical construction and all materials and ap- pliances used in connection with the installation, maintenance and operation of elec- trical wiring, apparatus or equipment for light, heat or power within the city.2 (c) All electrical construction and all materials and appliances used in connec- tion with the installation, maintenance and operation of electrical wiring, apparatus or equipment for light, heat or power within the city shall conform to such special rules and regulations as may be embodied in such electricalordinances as are now in effect in the City of Jacksonville, as may apply to this city. (d) Electrical armored cable (commonly known as "BX cable") shall not be used. (Ord. No. 189, § 9.) Sec, 7-4. Journeyman and master electricians required t have certificate of competency. Every master or journeyman electrician, before carrying on his trade or busi- ness in this city, shall present to the city clerk a certificate as to his competency issued by the board of examiners of electricians of the City of Jacksonville or the City of Jacksonville Beach. It shall be unlawfulforany person, not a certified electrician in accordance with the provisions of this section, to do any electrical construction or make any repairs, alterations, additions or changes to any existing system of electrical wiring, appara- tus or equipment for light, heat or power within the city. (Ord. No. 189, §§ 3, 4. ) Sec. 7-5. Licensed master electricians not to allow improper use of name. No licensed master electrician shall allow his name to be improperly used by any person, directly or indirectly, either for the purpose of obtaining a permit, or to do any work under his license. When such master electrician is permanently employed, he shall not allow his name to be used for the aforesaid purposes or either of them by any person whatsoever, other than his regular employer. (Ord. No. 189, § 6.) Seco 7-6. Master electricians to employ only certified electricians, exception. No, master electrician shall employ any person on any job in the capacity of an electrician without such person being in possession of a certificate of competency as provided for in section 7-4; provided, that nothing in this chapter shall be construed to prohibit the working of helpers or apprentices on any job of electrical construction when the work of such helpers or apprentices is performed under the personal super- vision of a certified electrician, (Ord. No. 189, § 7., ) 2. For state law authorizing city to adopt ElectricalCode by reference, see Fla. Stats, , § :165.. 191. 88 Supp. #2, 5-71 ORDINANCE NO. 34-82-1 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA, THE SAME BEING THE CHAPTER REGULA- TING ELECTRICITY BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA; Section 1. That Section 7-9 be amended to read as follows: Section 7-9. Same -- Fees. No permit shall be granted for any electrical installa- tion within the limits of the City until after inspection fees have been apid; such inspection fees are hereby fixed on the schedule attached, marked Exhibit "A". Section 2. This ordinance shall become effectove on October 1, 1982. Passed by the City Commission on First Reading June 28, 1982 Passed by the City Conuiission on Second Reading July 12, 1982 Passed by the City Commission on Third and Final Reading July 28, 1982 (SEAL) ATTEST: Pat Whitney, City Clerk EXHIBIT "A" Electrical Permit Fees. For all electrical construction requiring a permit there shall be paid by the party obtaining a permit therefor the following inspection fees to be collected by the City Clerk: a. For issuing each permit $ 10.00 b. New Single Family Residential Occupancy 0-100 amp service $ 25.00 101-150 amp service 30.00 151-200 amp service 35.00 For each additional 50 amp or fractional part thereof 5.00 c. Multi -family per Dwelling Unit 25.00 d. Service Charge 0-100 amp service 15.00 101-150 amp service 25.00 151-200 amp service 25.00 For each additional 50 amp or fractional part thereof 10.00 e. New Commercial Services 0-100 amp service 25.00 101-150 amp service 30.00 151-200 amp service 35.00 For each additional 50 amp or fractional part thereof 5.00 f. Temporary Services 10.00 g. Signs 10.00 h. Switch and receptacle outlets (except new single family, multi -family and room additions) Up to 30 amp 31 to 100 amp 101 amp to 200 amp i. Lighting outlets, including fixtures j. Primary Service k. Transformers 20 KVA or fractional part thereof .30 each 1.00 each 2.00 each .30 each 25.00 2.00 per 1. Heat 0-10 kw 1.00 10.1-15 kw 2.00 15.1-24 kw 3.00 Over 24 kw 4.00 m. Air Conditioning Circuits Up to 60 amp 61 amp to 100 amp n. Motors 0-5 hp Plus $2.00 for each additional 5 hp or fractional part thereof 2.50 5.00 2.00 o. Appliances - Fixed or Stationary Up to 30 amp 31 amp to 100 amp Over 100 amp p Smoke Detectors wired into Electrical System (except single family, multi -family and room additions) 1.00 2.00 3.00 1.00 each q. Fire Alarm and Signaling Systems 0.00 ea. r. Minimum Fee 10.00 s. Swimming Pools 20.00 t. Repairs and Miscellaneous 10.00 u. Reinspection 10.00 § 7-7 Electricity § ?-9 Sec. 7-7. Electrical permits required; to whom permits issued. (a) A permit is required to do any electrical construction of any character, in- stall any electrical wiring, apparatus or equipment or make any extensions or changes to existing systems of wiring of light, heat or power within the city, except the re- pairing of damaged or broken fixtures, apparatus or equipment and the ordinary work necessary for the proper maintenance of same. (b) Permits to do electrical work will be issued to master electricians who are duly qualified under the provisions of this chapter to engage in the trade or business of electrical construction in the city. (Ord. No. 189, § 8.) Sec. 7-8. Electrical inspections --To be made by building of- ficial or designated agent. All electrical inspections in this city shall be made by the building official of this city or his designated agent, hereinafter referred to as the city electrical inspector. (Ord. No. 189, § 10; Ord. No. 34-70-2, § 1. ) Sec. 7-9. Same- Fees. No permits shall be granted for any electrical installation within the limits of the city until after inspection fees shall have been paid; such inspection fees are here- by fixed in the following amounts: Electrical permit fees. (a) Service installations (includes service conductors and service equipment): (1) Up to 600 volts (amperes based on rating of service switch): For first 200 amperes rating or fractional part thereof ...... .. $ 4.00 For each additional 100 amperes rating or fractional partthereof....... ................................•2.00 (2) More than 600 volts (primary service with rating based on automatic trip setting of circuit breaker): For first 300 KVA rating or fractional part thereof 15.00 For each additional KVA rating. ...,.,...0....•...•••••. •.•.• .05 Repairs to serviced ................<...............,...•.•••5.00 (3) For temporary service, each: For first 100 amperes rating or fractional part thereof 2.00 For each additional 100 amperes rating or fractional part thereof......................... ..... • . • .. 89 1.00 Supp. #2, 5-71 § 7-9 Atlantic Beach City Code § 7-9 (b) Feeders and subfeeders (including busways), each (ampere rating based on capacity of conductors): For each 100 amperes rating or fractional part thereof , ... , 0000. , , $1.00 (c) Transformers (neon and fluorescent excluded), each (ratings based on primary rating): For first KVA or fractional part thereof..... ..... . . . .... . . . . . . . 0 0 1.00 For each additional 20 KVA or fractional part thereof., 0.--- ... 1,00 Exception: Bell ringing transformer .. . ........ . ... . ... .. .... .25 (d) Lighting: (1) Lighting outlets (including streamers, sign, outline and festoon lighting): For first 10 outlets or fractional part thereof ..... , .. a 0.000.. • . , .. 1.00 For each additional outlet ...... . .............................. . . 10 (2) Lighting fixtures: a. Incandescent lamps: For first 10 fixtures or fractional part thereof .............. L 00 For each additional fixture 0 ......... ................... .10 b. Fluorescent or mercury vapor: For first 10 fixtures or fractional part thvrccf , . , , 0000 , 0 4 0 0 1, 50 For each additional_, fixture .... . ... . .... . . .. , .. , . , .. , .. .15 (3) Lighting, decorative or temporary (installations not over 30 days) per cirucit.... . . 1.00 (e) Switches or switching devices (including solenoids) (other than those installed by manufacturer on switch and panel boards and factory assembled appliances or equipment): (f) Capacity up to 30 amperes, each .. . , , o . , .. ...... , .. 0 0 0 . 0 0 .. . Capacity exceeding 30 amperes, each ..... Receptacle outlets, each: Capacity 0 to 20 amperes . ... . .. .. ...................... . Capacity 21 to 50 amperes •••• . „ . e 0 0 0 . 0 • ..... . ... . .. . Capacity 51 to 100 amperes ..................................0 , . Capacity over 100 amperes .............................009.,.0,. 90 . 10 L 00 . 10 ,50 1.00 2.00 Supp. #2, 5-71 § 7-10 Electricity as (g) Neon signs or neon strip or outline lightings: § 7-12 For the first transformer $ 2.00 For each additional transformer .50 (h) Radio or television antenna, (transmitting type) each .... 5.00 (i) Appliances, fixed or stationary including factory wired assemblies contained on a list maintained by the chief electrical inspector: For each appliance, capacity inclusive For each appliance, capacity inclusive For each appliance, capacity 0 to 60 amperes, 61 to 100 amperes, .50 1.00 exceeding 100 amperes ... 2.00 (j) Motors or generators (for motor -generator sets, fees are deter- mined for both the motor and the generator as separate items) , each: For the first 1 HP or 1 KW of capacity For each additional 5 HP or 5 KW of capacity or fractional part thereof Maximum fee for any single motor or generator .50 1.00 100.00 5.00 5.00 (k) Repairs and miscellaneous permits (1) Minimum fee for any electrical permit (Ord. No. 189, § 16; Ord. No. 34-69-1, § 1; Ord. No. 34-78-1.) Sec. 7-10. Same --Permit prerequisite to inspection. No inspection shall be made by the city electrical inspector until after a permit for electrical construction or alterations has been obtained by the master electrician from the building official of this city. (Ord. No. 189, § 13.) Sec. 7- 1.1 . Same --Right of entry of electrical inspector. The city electrical inspector or his duly authorized assistants shall have the right, during reasonable hours, with the consent of the owner or occupant, to enter any building or premises in the discharge of their official duty or for the purpose of making any inspection or test of the electrical wiring, apparatus or fixtures contained therein. If the owner or occupant shall refuse to give such consent, such entry shall be made only pursuant to authority granted by a properly issued search warrant. (Ord. No. 189, § 11.) Sec. 7-12. Same --Interference with electrical inspector. It shall be unlawful for any person to hinder or interfere with the city electrical inspector or with any assistant city electrical inspector in the dis-. charge of his duties under this chapter. (Ord. No. 189, § 12.) 90.1 Supp. #7, 5-78 ORDINANCE NO. 35-81-5 AN ORDINANCE PROVIDING FOR THE BORROWING OF FUNDS FOR THE LEASE/PURCHASE OF FIRE APPARATUS TO BE USED IN THE CITY OF ATLANTIC BEACH; SAID FUNDS TO BE BORROWED FROM THE OCEAN STATE BANK; ESTABLISHING OF COLLATERAL, AND THE TERMS OF SAID LOAN; PROVIDING AN EFFECTIVE DATE. BE -IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT: SECTION 1. The purpose of this borrowing of funds is for the lease/purchase of One (1) Model 20084M Triple Combination Pumper with a 750 GPM Hale Pump and 500 -gal. Booster Tank, from Emergency One, Inc., Ocala, Florida. SECTION 2. The Mayor -Commissioner, attested by the City Clerk of the City of Atlantic Beach, Florida, is hereby authorized to borrow, on behalf of the City, the sum of Fifty -One Thousand Two Hundred Fifty ($51,250) from the Ocean State Bank for a period of time not to exceed three (3) years at an interest rate not to exceed seven and one-half (72%) percent per annum, for the sole purpose of purchasing that fire apparatus in the aforementioned Section 1. Said repayment schedule for this indebtedness shall be on a per annum basis until paid in full. Nothing contained herein shall preclude the City of Atlantic Beach from repaying this indebtedness at any time. SECTION 3. Said vehicular title of this fire apparatus shall remain in the custody of the Ocean State Bank, located in Neptune Beach, Florida, for the duration of the terms of said indebtedness, and sole security for this indebtedness shall be the title to said apparatus. When said apparatus indebtedness is paid in full, title shall be delivered to the City of Atlantic Beach. SECTION 4. The authority for the passage of this ordinance is contained in Section 67 of the Charter of the City of Atlantic Beach. SECTION 5. This ordinance shall become effective immediately upon its passage. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading February 23, 1981 Passed by the City Commission on Second Reading February 23, 1981 Passed by the City Commission on Third and Final Reading March 9, 1981 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk Finance and Taxation CHAPTER 8. FINANCE AND TAXATION .1 Article I. In General. § 8-1. Fiscal year . § 8-2. City assessor to adopt Jacksonville assessments in assessing city property for taxation. § 8-3. Fallout shelters used exclusively for fallout protection not to be assessed for taxation. Article II. Purchasing. § 8-4. Two or more bids required for purchases over one thousand dol- lars; exception. § 8-5. City improvements of over one thousand dollars to be executed by contract; exceptions . § 8-6. Contracts to be awarded lowest responsible bidder . § 8-7. Rejection of bids and readvertisement. § 8-8. Alterations in contracts. § 8-9. Authority of purchasing agent to make purchases not exceeding one thousand dollars . § 8-10. Payments. 1. For charter provision requiring annual independent audit of financial transactions of city , see Char . , § 24. As to city comptroller , see Char . , § 32. As to city tax assessor see Char. , § 33. As to city treasurer , see Char . , § 34. As to budget , see Char . , §§ 41 to 62. As to department of finance , see Char . , §§ 63 to 76. As to tax administration, see Char . , §§ 110 to 126. As to issuance of bonds , see Char . , §§ 148 to 150. As to suits against city , see Char . , § 160. For law review article as to legal aspects of bond financing in Florida, see 6 Fla. L. Rev. 287. As to developments in bond financing, see 6 Fla. L. Rev. 385. As to Florida's state and local tax structure , see 13 Fla. L. Rev. 518. Asto special assessments in Florida, see 10 Miami L. Q. 245. As to validation of bonds in Florida, see 8 Miami L. Q. 253, 10 Miami L. Q. 244. As to contracts of municipal corporations , see 8 Miami L. Q . 262. As to constitutional aspects of public bond financ- ing, see 21 Miami L. Rev. 1. As to licenses, see ch. 10 of this Code . As to ser- vice charges , see § 19-2 . As to charges for water service, see § 27-12. 91 Supp . #8, 10-79 § 8-1 Atlantic Beach City Code § 8-3 Article III. Cigarette Tax. § 8-11. Imposed; amount. § 8-12. Collection. § 8-13. Disposition of revenue. § 8-14. § 8-15. § 8-16. § 8-17. § 8-18. Sec. Article IV. Utility Tax. Imposed; amount; utility services to which applicable; payment to be made to seller. Duty of seller to collect tax and pay same to city; failure to collect tax; authority of seller to discontinue service upon nonpayment of tax. Records to be kept by seller; inspection of records by city agents. Exemption of governmental agencies and churches from tax. When purchase deemed made within city. Article I. In General. 8-1. Fiscal year.2 The fiscal year of the city is hereby established to be the same as the calendar year, that is, January 1 thru December 31. (Ord. No. 35-57-1, § 1.) Sec. 8-2. City assessor to adopt Jacksonville assessments in assessing city property for taxation. 3 The city tax assessor, in the preparation of the tax rolls for this city shall adopt the assessments either as to personal property, real estate or both, made her the tax assessor of the Tac�...o< • h Florida, ., assessor � t��., City of � u�.x�.�u�.v�l�� , � tvl iota , as Nei ta.iitlit�, �v the Third Urban Service District and/or General Service District, City of Jackson- ville, Florida, upon such properties within the city as are subject to taxation by this city. (Ord. No. 70-68-5, § 2.) Sec. 8-3. Fallout shelters used exclusively for fallout protection not to be assessed for taxation. The city tax assessor shall not consider a fallout shelter constructed on any property within the city and designed to be used only for protection from radioactive fallout or other disaster as increasing the valuation of the property upon which it is built for ad valorem tax purposes. Any shelter that is used for 2. For charter provision authorizing city commission to establish fiscal year of city, see Char. , § 41. 3. For charter provision as to assessment of property for taxation, see Char. , § 33. 92 Supp. #8, 10-79 § 8-4 Finance and Taxation § 8-8 any other purpose other than for the protection against fallout or other disaster shall be assessed the same as all other real property within the city. (Ord. No. 30-61-1, § 2.) Article II. Purchasing. 4 Sec. 8-4. Two or more bids required for purchases over one thousand dollars; exception. Two or more bids shall be required on all purchases of supplies, ma- terials and equipment in excess of one thousand dollars; except, that under special conditions the commission may waive this requirement. (Ord. No. 5- 57-2, § 1; Ord. No. 5-79-6, § 1-) Sec. 8-5. City improvements of over one thousand dollars to be executed by contract; exceptions. Any city improvement costing in excess of one thousand dollars shall be executed by contract, except where such improvement is authorized by the city commission to be executed by a city department in conformity with detailed plans, specifications and estimates. (Ord. No. 5-57-2 , § 2.) Sec. 8-6. Contracts to be awarded lowest responsible. bidder. All contracts shall be awarded to the lowest responsible bidder that can best serve the interest of the city. (Ord. No. 5-57-2, § 3.) Sec. 8-7. Rejection of bids and readvertisement. The city manager, with the approval of the city commission, shall have the power to reject all bids and advertise again. (Ord. No. 5-57-2, § 4.) Sec. 8-8 . Alterations in contracts. Alterations in any contract may be made when authorized by the city com- mission upon the written recommendation of the city manager. (Ord. No. 5-57- 2, § 5.) 4. For charter provision authorizing city, commis- sion to provide rules and regulations for pur- chases and sales made on behalf of city, see Char. , § 9(13). As to purchasing generally, see Char . , § § 70 to 74 . 93 Supp. #8, 10-79 § 8-9 Atlantic Beach City Code § 8-11 Sec. 8-9. - Authority of purchasing agent to make purchases not exceeding one thousand dollars. The purchasing agent, with approval of the city manager, may make purchases not to exceed one thousand dollars for any one purchase upon written requisition of a department head when the chargeable budget account has an adequate unencum- bered balance. (Ord. No. 5-57-2, § 6; Ord. No. 5-79-6, § 6.) Sec. 8-10. Payments. Upon receipt of an invoice, confirmed by an approved purchase order and proof that the materials, supplies or equipment have been received or work completed, the city treasurer shall pay such indebtedness, taking advantage of all discounts allowed. (Ord. No. 5-57-2, § 7.) Article III. Cigarette Tax. 5 Sec. 8-11. Imposed; amount. An excise or privilege tax, in addition to all other taxes of every kind imposed by law, is hereby levied and imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes in the city for cigarettes of standard dimensions as defined by the general law of the state in the following amounts: (a) (1) Upon all cigarettes four inches long or less, five and one-half mills on each cigarette; (2) Upon all cigarettes more than four inches long and not more than six inches long, eleven mills on each cigarette; and, (3) Upon all cigarettes more than six inches long, twenty-two mills on each cigarette. (b) The description of cigarettes contained in subsection (a) of this section are hereby declared to be standard as to dimensions for taxing purposes, as provided in this article, and should any cigarette be received, purchased, possessed, sold, offered for sale, given away or used of a size other than of standard dimensions, the same shallbe taxed at the rale of one cent on each such cigarette. (c) Where cigarettes described in subsection (a) (1) of this section are packaged in varying quantities of twenty cigarettes or less, the following rate shall govern: (1) Packages containing ten cigarettes or less require a five and one -half - cent: tax. (2) Packages containing more than ten but not more than twenty cigarettes require an eleven -cent tax. 5. For state law prohibiting city from levying tax on sale of cigarettes, see Fla. Stats. , § 210. 03. 94 Supp. #8, 10-79 § 8-12 Finance and Taxation § 8-14 (d) Where cigarettes described in subsection (a) (2) of this section are packaged in varying quantities of twenty cigarettes or less, the following rates shall govern: (1) Packages containing ten cigarettes or less require an eleven -cent tax. (2) Packages containing more than ten but not more than twenty cigarettes require a twenty -two -cent tax. (e) Where cigarettes described in subsection (a) (3) of this section are packed in varying quantities of twenty cigarettes or less, the following rates shall govern: (1) Packages containing ten cigarettes or less require a twenty -two - cent tax. (2) Packages containing more than ten but not more than twenty cigarettes require a forty -four -cent tax. (Ord. No. 70-68-4, § 1.) Sec. 8-12 . Collection. The tax levied and imposed by this article shall be collected by the beverage department of the state in the manner prescribed in chapter 210, Florida Statutes. (Ord. No. 70-68-4, § 2.) Sec. 8-13. Disposition of revenue. All funds received by the city by virtue of this article shall be paid into a separate account to be designated "Cigarette Tax Account," and shall be used and expended only for the purposes specified in chapter 210, Florida Statutes. (Ord. No. 70-68-4, § 3.) Article IV. Utility Tax. Sec. 8-14. Imposed; amount; utility services to which ap- plicable; payment to be made to seller. There is hereby imposed and levied by the city, on each and every pur- chase of electricity, # 1 (kerosene) , # 2 and # 3 fuel oils (but not fuel oils of lower grades) , metered or bottled gas (natural, liquified petroleum gas or manufactured) , in the corporate limits of the city , a tax equivalent to five per cent of the amount of the payments received by the seller of such utility service from the purchasers. Said tax, in every case shall be collected from the pur- chaser of such utility service, and paid by such purchaser for the use of the city to the seller of such electricity, # 1 (kerosene) , # 2 and # 3 fuel oils (but not fuel oils of lower grades) or gas service at the same time the purchaser pays to the seller the seller's charge for such service. (Ord. No. 70-58-1, § 1; Ord. No. 70-67-3, § 1; Ord. No. 70-72-6, § 1; Ord. No. 70-77-7, § 1; Ord. No. 70-78-8, § 1.) 95 Supp .. #8, 10-79 § 8-15 Atlantic Beach City Code § 8-16 Sec. 8-15. Duty of seller to collect tax and pay same to city; failure to collect tax; authority of seller to discontinue service upon nonpayment of tax. It shall be the duty of every seller of electricity, #1 (kerosene) #2 and #3 fuel oils (but not fuel oils of lower grades), metered or bottled gas (natural, liquefied petroleum gas or manufactured) in acting as the tax -collecting medium or agency for the city, to collect from the purchaser for the use of the city, the tax hereby imposed and levied at the time of collecting the purchase price charged for each transaction, and to report and pay over on or before the fifteenth day of each calendar month, to the city all such taxes imposed, levied and collected during the preceding calendar month. The city treasurer is hereby authorized to pre- scribe the forms on which such reports shall be made. It shall be unlawful for any seller of such utility service to collect the price of any sale of such elec- tricity, #1 (kerosene), #2 and #3 fuel oils (but not fuel oils of lower grades) or gas, without at the same time collecting the tax hereby imposed and levied in respect to such purchase or purchases. Any, seller failing to collect such tax at the time of collecting the price of any purchase shall be liable to the city for the amount of such tax in like manner as if the same had been actually paid to the seller; providing, however, that the seller shall not be liable for the pay- ment of such tax upon uncollected charges. If any purchaser shall fail, neglect or refuse to pay to the seller such charge for such purchase or purchases, and the tax hereby imposed and levied and as hereby required on account of the pur- chase for which such charge is made, or either, the seller shall have and is hereby vested with the right, power and authority to immediately discontinue further service to such purchaser until the tax and the seller's bill shall have been paid in full. (Ord. No. 70-58-1, § 2; Ord. No. 70-72-6, § 2. ) Sec. 8-16. Records to be kept by seller; inspection of orals by city agents. ec- Every seller of electricity, #1 (kerosene), #2 and #3 fuel oils (but not fuel oils of lower grades), metered or bottled gas (natural, liquefied petroleum gas or man- ufactured) shall keep complete records showing all purchases in the city of such service, which records shall show the price charged upon each purchase, the date thereof and the date of payment thereof and such records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days, and such duly authorized agents of the city shall have the right, power and authority to make such transcripts thereof during such times as they may desire. It shall be the duty of such agent or agents of the city as may from time to time be designated or appointed for that purpose by the city commission, to inspect such records at such times as the city commission may from time to time direct in order to determine that the tax hereby imposed and levied is being properly reported and paid to the city by each seller of such service. (Ord. No. 70-58-1, § 3; Ord. No. 70-72-6, § 3.) 96 Supp. #8, 10-79 ORDINANCE NO. 70-79-9 AN ORDINANCE AMENDING CHAPTER 8, SECTION 17, OF THE ATLANTIC BEACH CITY CODE ENTITLED "EXEMPTIONS FROM UTILITY TAX"; BY ADDING THERETO FURTHER EXEMPTIONS; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that Chapter 8, Section 17 of the Atlantic Beach City Code is hereby amended by adding thereto the following: 1. There shall be exempted all those persons or organizations from the imposition of a utility tax as are now totally exempted under Chapter 196.192, Florida Statutes 1978. 2. This Ordinance shall become effective on January 1, 1980. Passed by the City Commission on First Reading November 26,1979 Passed by the City Commission on Second Reading December 1Q3._J979 Passed by the City Commission on Third and Final Reading Janua-y 14, 1980 ATTEST: ADELAIDE R. TUCKER, CITY CLERK. (SEAL) § 8-17 Finance and Taxation § 8-18 Sec. 8-17. Exemption of governmental agencies and churches from tax. The United States of America, the State of Florida, the City of Jacksonville, the City of Atlantic Beach and agencies, boards, commissions and authorities thereof, and all recognized churches of the state, are hereby exempted from payment of the tax imposed and levied by this article. (Ord. No. 70-58-1, § 4. ) Sec. 8-18. When purchase deemed made within city. The purchase of the utility service upon which a tax is imposed and levied by this article shall embrace and include any part of the transaction of purchase oc- curring within the city, whether the same is the entering into of a contract for the purchase of any such utility service, the payment of the charges therefor or the use of lines, poles, wires or the streets for the transmission or delivery of such utility service. (Ord. No. 70-58-1, § 5. ) 97 Supp. #4, 9-72 ORDINANCE NO. 57-83-9 AN ORDINANCE AMENDING ARTICLE V OF THE ATLANTIC BEACH CITY CHARTER ENTITLED "DEPARTMENT OF PUBLIC SAFETY", AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, Florida, did adopt Ordinance No. 57-78-7 on September 25, 1978, which merged the fire, police, and life guarding services into a single Public Safety Department, and WHEREAS, the City has grown to the extent that it is now desirable to have separate police and fire departments to provide the maximum benefits and protection for the citizens of Atlantic Beach, now therefore BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH: Section 1. That Sections 35, 36, 37, 38, 39, 40, and 40-1 of Article V of the Atlantic Beach City Charter be amended to read as follows: "Sec. 35. Director of public safety. The city manager, or any other qualified person as provided by ordinance, shall be the director of public safety, and under whose supervision there shall be a police department and a fire department." "Sec. 36. Police department. The chief of police shall be the head of the police department and shall be appointed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission." -2 - "Sec. 37. Chief of police: duties and authouity It shall be the duty of the chief of police to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department." "Sec. 38. Chief of police and his deputies: Powers and authority. The chief of police and his deputies shall have the power and authority to immediately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten, or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the City of Atlantic Beach, of the State of Florida, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law." "Sec. 39. Fire department. The fire chief shall be the head of the fire depart- ment and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. Be shall receive such compensation as determined by the city commission." "Sec. 40. Fire chief: dutied and authority. It shall be the duty of the fire chief to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of all city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the limits of the City of Atlantic Beach, and to execute all papers and process of the City or its authorities relating thereto, and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the fire chief shall have and exercise control over the fire department." "Sec. 40-1. Life guard division. The life guard division shall be under the super- vision of the life guard captain, who shall be responsible to the chief of police. The functions of the division shall be as follows: (1) Protect the safety and welfare of all• persons using the beaches. (2) Regulate all rules governing beaches for safety purposes. (3) Give artificial respiration and other medical aid for minor purposes. (4) Prepare reports on the conditions of approaches and beaches, and submit departmental resumes of monthly information to the director of public safety. (5) Perform such other duties as may be assigned by the director of public safety." Section 2. In the event any section, subsection, para- graph, or clause contained herein shall be declared unconstitutional or invalid by a court of competent jurisdiction, such declaration shall not affect the remaining portions hereof, which shall remain in full force and effect. Section 3. All Charter provisions, ordinances, or parts of ordinances in conflict herewith and hereby repealed. Section 4. This ordinance shall become effective imme- diately upon it's final passage. x x x x * * * * * * * * * * * *'* * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on first reading on January 24 , 1983. Passed by the City Commission on second reading on February 14, , 1983. Passed by the City Commission on third and final reading on February 28, , 1983. (SEAL) A'1'1' E S T : Adelaide R. Tucker City Clerk Fire Protection CHAPTER 9. FIRE PROTECTION.1 Article I. In General. § 9-1. False alarms. § 9-2. Reward for information leading to conviction of arsonists. Article II. Fire Prevention Code. § 9-3. Adoption. § 9-4. Enforcement. § 9-5. Establishment of districts in which storage of explosives and blasting agents, storage of flamniable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases restricted. § 9-6. Modifications. § 9-7. Appeals from actions of chief of fire department. § 9-8. Penalty; imposition of penalty not to excuse violation; separate offenses; removal of prohibited conditions. Article III. Fire Department. Division 1. Generally. § 9-9. Issuance of cards to members, § 9-10. Police powers of members. § 9-11. Duties of chief of police and other peace officers to respond to fire alarms. Division 2. Officers. § 9-12, Enumeration. § 9-13. Appointment, term of office, residence requirements and qualifications of chief. § 9-14. Appointment and removal of other officers. 1. For charter provision authorizing city to provide fire pro- tection, see Char. , § 4(16). For state law authorizing city to pass necessary laws to guard against fires, see Fla. Stats., § 167.21. As to building bonfires near buildings, see Fla. Stats. , § 823. - 02. As to prohibition against signs constituting fire hazards, see § 20-7 of this Code. As to prohibition against signs which obstruct doors, windows and fire escapes, see § 20-11. 99 § 9 -1 Atlantic Beach City Code § 9-3 Division 3. Duties of Chief of Fire Department. § 9-15. Establishment of rules and regulations; responsibility for personnel, morale and efficiency. § 9-16. Determination of number of companies and response of companies to alarms. § 9-17. Drills and instruction. § 9-18. Investigation of causes, etc. , of fires. § 9-19. Inspection of premises; orders to abate hazards. § 9-20. Records to be kept. § 9-21. Monthly reports to city commission. § 9-22. Annual reports to city commission. Division 4. Membership. § 9-23. Number; qualifications. § 9-24. Suspension or discharge; hearing before city commission on charges. Division 5. Apparatus and Equipment. § 9-25. Generally. § 9-26. Recommendations for purchases. § 9-27. Housing. § 9-28. Equipment for turning in alarms and notifying members of alarms. § 9-29. Private use of equipment prohibited; concealing equipment. § 9-30. Unauthorized entry into buildings and handling of equipment. Article 1. In General. S 9-1. False alarms. No person shall maliciously turn in or cause to be turned in a false alarm of fire. (Ord. No. 57-58-2, § 5, art. 5.) Sec. 9-2. Reward for information leading to conviction of arsonists. The city will pay as a reward to any person an amount not to exceed one hundred dollars for any one occurrence, for information leading to the arrest and conviction of any person found guilty of maliciously setting a fire within the city. (Ord. No. 57- 62-4, § 1.) Article II. Fire Prevendon Code. Sec. 9-3. Adoption. 2 There is hereby adopted, for the purpose of prescribing regulations governing 2. For state law authorizing city to adopt Fire Prevention Code by reference, see Fla. Stats. , § 165. 191. 100 § 9-4 Fire Protection § 9-7 conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, Abbreviated Edition, recommended by the Ameri- can Insurance Association, being particularly the 1965 edition thereof and the whole thereof, of which code not less than three copies have been and now are filed in the office of'the city clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the city. (Ord. No. 57-65-6, § 1.' ) Sec. 9-4. Enforcement. The Fire Prevention Code adopted by this article shall be enforced by the chief of the fire department. (Ord. No. 57-65-6,, § 2.) Sec. 9-5. Establishment of districts in which storage of explosives and blasting agents, storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases restrictefl. The limits referred to in section 53b of the Fire Prevention Code adopted by this article, inwhich storage of explosives and blasting agents is prohibited, the limits re- ferred to in section 74a of such code, in which storage of Class I liquids in outside aboveground tanks is prohibited, and the limits referred to in section 114 of such code, in which bulk storage of liquefied petroleum gas is restricted are hereby es- tablished as follows: All areas of the city except those completely zoned as Business "B" or Industrial, as provided in chapter 28 of this Code. (Ord. No. 57-65-6, § 3.) Sec. 9-6. Modifications. The chief of the fire department shall have power to modify any of the provisions of the Fire Prevention Code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured and substantial justice done. The par- ticulars of such modification, when granted or allowed, and the decision of the chief of the fire department thereon, shall be entered upon the records of the department, and a signed copy shall be furnished the applicant. (Ord. No. 57-65-6, § 4.) Sec. 9-7. Appeals from actions of chief of fire department. Whenever the chief of the fire department shall disapprove an application or re- fuse to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code adopted by this article do not apply or that the true intent and meaning of such code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city commis- sion within thirty days from the date of the decision appealed. (Ord. No. 57-65-6, § 5.) 101 § 9-8 Atlantic Beach City Code § 9-11 Sec. 9-8. Penalty; imposition of Renaity not to excuse viola- tion; separate offenses; removal of prohibited conditions, Any person who shall violate any of the provisions of the Fire Prevention Code adopted by this article or fail to comply therewith, or who shall violate or fail to com- ply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certi- ficate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city commission or by a court of competent jurisdiction within the time fixed herein, shall, severally, for each such violation and noncompliance respectively, be punished as provided in section 1-6. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of any such penalty shall not be held to prevent the enforced re- moval of prohibited conditions, (Ord. No. 57-65-6, § 6.) Article III. Fire Department. 3 Division 1. Generally. Sec. 9-9. Issuance of cards to members. Each member of the fire department shall be issued a card designating his rank. (Ord. No. 57-58-2, § 5, art. 1.) Sec. 9-10. Police_p_owers of members. All regularly appointed members of the fire department may be given the neces- sary special police powers for the purpose of enforcing the provisions of this chapter. (Ord. No. 57-58-2, § 6, art. 2.) Sec. 9-11. Duties of chief of police and other peace officers to respond to fire alarms. The chief of police and other peace officers who may be on duty and available for fire duty shall respond to all fire alarms and assist the fire department in the protection 3, For charter provisions as to fire department, see Char. , H 35, 39, 40. For state law as to municipal firemen's pension trust fund, see Fla, Stats. , § 175. 011 et seq. As to designation of director of public safety, see § 2-1 of this Code. 102 § 9-12 Fire Protection § 9-16 of life and property, regulation of traffic, maintaining order and enforcing observance of all provisions of this Code and other city ordinances. (Ord. No. 57-58-2, § 6, art. 3.) Division 2. Officers. Sec. 9-12. Enumeration. The fire department shall consist of a chief, assistant chief, captain, lieutenants and other officers as the chief and director of public safety may deem necessary for the effective operation of the department. (Ord. No. 57-58-2, § 1, art. 1. ) Sec. 9-13. Appointment, term of office, residence require- ments and qualifications of chief. The chief of the fire department shall be appointed by the director of public safe- ty, with the approval of the city commission, and shall serve at the pleasure of the director of public safety and the city commission. The chief shall be technically qual- ified by training and experience, shall have ability to command, men and hold their respect and confidence and shall be a resident of the city during the time of his em- ployment. (Ord. No. 57-58-2, § 1, art. 2, ) Sec. 9-14. Appointment, and removal of other. officers. The assistant chief and all other department and company officers shall be ap- pointed by the chief of the fire department. Such officers shall be accountable only to the chief, and subject to removal by him. (Ord. No. 57-58-2, § 1, art. 3. ) Division 3. , Duties of Chief, of Fire Department. 5 Sec. 9-15. Establishment of rules and regulations; responsi- bility for personnel, morale and efficiency. The chief of the fire department shall formulate a set of rules and regulations to govern the department, and shall be responsible for the personnel, morale and gen- eral efficiency of the department. (Ord. No. 57-58-2, § 2, art. 1.) Sec. 9-16. Determination of number of companies and response of companies to alarms. The chief of the fire department shall determine the number and kind of compa- nies of which the department is to be composed, and shall determine the response of such companies to alarms. (Ord. No. 57-58-2, § 2, art. 2., ) 4. For charter provision as to appointment and removal o chief of fire department, see Char., § 39. 5. For charter provision as to duties of chief of fire depart- ment, see Char. , § 40. 103 § 9-17 Atlantic Beach City Code § 9-22 Sec. 9-17. Drills and instruction. The chief of the fire department shall, at least once a month, conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the city, fire prevention, water supplies and all other matters generally considered essential to good firemanship and safety of life and property from fire, (Ord. No. 57-58-2, § 2, art. 3.) Sec. 9-18. Investigation of causes, etc. of fires. The chief of the fire department shall assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin and circumstances of all fires. (Ord. No. 57-58-2, § 4, art. 2.) Sec. 9-19, Inspection of premises; orders to abate hazards. The chief of the fire department is hereby empowered to enter all buildings and premises, with the consent of the owner or occupant, at any reasonable hour, for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, all fire hazards that may be found. If entry is re- fused by the owner or occupant, such entry shall be made only pursuant to authority granted by a properly issued search warrant. Any person so served with a notice to abate any fire hazard shall comply therewith and promptly notify the chief of the fire department. (Ord. No. 57-58-2, § 2, arts. 5, 6.) Sec. 9-20. Records to be kept. The chief of the fire department shall see that complete records are kept of all fires, inspections, apparatus and minor equipment, personnel and other information about the work of the department. (Ord, No. 57-58-2, § 2, art. 7.) Sec. 9-21. Monthly reports to city commission. The chief of the fire department shall report monthly in writing to the city com- mission the conditions of the apparatus and equipment, the number of fires during the month, their location and cause and date of the same and the loss occasioned thereby, the number and purpose of all other runs made, the number of members responding to each fire or other run and any changes in membership. (Ord, No, 57-58-2, § 2, art. 8.) Sec. 9-22. Annual reports to city commission. The chief of the fire department shall make a complete annual report to the city commission within one month after the close of the fiscal year. Such report shall include the information specified in section 9-20, together with comparative data for previous years and recommendations for improving the effectiveness of the depart- ment. (Ord. No. 57-58-2, § 2, art. '9. ) 104 § 9-23 Fire Protection § 9-28 Division 4. Membership. Sec, 9-23. Number; qualifications. The membership of the fire department shall consist of such persons as may be appointed by the chief of the fire department, and shall be able-bodied citizens. De- termination of whether candidates for appointment are able-bodied shall be made by the chief after a medical and physical examination has been made in a manner pre- scribed by the chief and approved by the director of public safety. (Ord. No. 57-58-2, § 3, art. 1.) Sec. 9-24. Suspension or discharge; hearing before city com- mission on charges. Any member of the fire department may be suspended or discharged from the department by the chief of the fire department at any time he may deem such action necessary for the good of the department. On written request of such member to the city commission, he shall be given a public hearing on the charges brought by the chief. (Ord. No. 57-58-2, § 3, art. 2.) Division 5. Apparatus and Equipment. Sec. 9-25. Generally. The fire department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. (Ord. No. 57-58-2, § 4, art. 1.) Sec. 9-26. Recommendations for purchases. Recommendations for purchase of apparatus and equipment needed shall be made by the chief of the fire department, in accordance with appropriate purchasing pro- cedure. (Ord. No. 57-58-2, § 4, art. 2.) Sec. 9-27. Housing. All equipment of the fire department shall be safely and conveniently housed in such places as may be designated by the chief of the fire department. (Ord. No. 57-58-2, § 4, art. 3.) Sec. 9-28. Equipment for turning in alarms and notifying members of alarms, Suitable arrangement or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the department so that they may promptly respond. (Ord. No. 57-58-2, § 4, art. 4.) 105 § 9-29 Atlantic Beach City Code § 9-30 Sec. 9-29. Private use of equipment prohibited; concealing equipment. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person wilfully and without proper authority take away or conceal any article used in any way by the fire department. (Ord. No, 57-58-2, § 4, art. 5.) Sec. 9-30. Unauthorized entry into buildings and handling o equipment. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the fire department unless accompanied by, or having the special permission of, an officer or authorized member of the fire depart- ment. (Ord, No. 57-58-2, § 4, art. 6.) 106 § 9.1-1 Flood Hazard Districts § 9.1-2 CHAPTER 9.1. FLOOD HAZARD DISTRICTS . § 9.1-1. Intent § 9.1-2. Definitions . § 9.1-3 , Applicability . § 9.1-4. Maps adopted by reference. § 9.1-5 . Enforcement . § 9.1-6. Requirements applicable to HFH and GFH districts. § 9.1-7. Development of HFH districts. § 9.1-8. Development of GFH districts. § 9.1-9. Interpretation of district boundaries. § 9.1-10. Variances. § 9.1-11. Liability of city . § 9.1-12. Violations. Sec. 9.1-1. Intent. Certain areas of the city are subject to flooding resulting in danger to life, loss of property, health and safety hazards, disruption of commerce and gov- ernmental services, extraordinary public expenditures for flood protection and relief , and impairment of tax base , all of which adversely affect the public health, safety and general welfare. The Federal Insurance Administration declared certain areas of the city eligible for federally assisted flood insurance, which insurance will mitigate the effects of damages from such natural disasters as hurricanes and severe storms and their attendant flooding. This chapter is adopted to insure the continued availability of such flood insurance; to comply with federally imposed requirements; and to protect the public health, safety and general welfare by minimizing flood losses in certain areas of the city . (Ord. No. 25-75-11, § 1.) Sec . 9 . 1-2 . Definitions . For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Accessory building. A secondary residence, garage or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servants' quarters unless prohibited by existing deed restrictions. Basement . That portion of a building between floor and ceiling, which is so located that one-half or more of the clear height from floor to ceiling is below grade. 106.1 Supp. #7, 5-78 § 9.1-2 Atlantic Beach City Code § 9.1-2 Coastal general flood hazard district (GFH district) . That portion of the city comprised of those areas designated "Zone B" upon the official flood hazard boundary map H-01 and flood insurance rate map 1-01,, Community No. 120075, issued and approved by the federal insurance administrator dated June 28, 1974, effective March 15, 1977, and as the same may, from time to time, be amended by the federal insurance administrator. Coastal high flood hazard district (HFH district) . That portion of the city subject to flooding or erosion from abnormally high tidal waters and wave velocities resulting from severe storms or hurricanes. Said HFH district shall be comprised of those areas designated "Zone A" and "Zone V" upon the official flood hazard boundary map H-01 and flood insurance rate map 1-01, Community No. 120075, issued and approved by the federal insurance administrator dated June 28, 1974, effective March 15, 1977, and as the same may, from time to time, be amended by the federal insurance administrator. Flood or flooding. A general and temporary condition of partial or com- plete inundation of normally dry land areas from: (a) the overflow of streams, rivers or other inland water; or (b) abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes or tsunamis. Floodproofing. Structural and nonstructural additions, changes or adjustments (other than elevating) to structures and utilities which reduce or eliminate flood damage to water supply and sanitary sewage facilities, struc- tures and contents of buildings, and includes, by way of illustration but not limitation, the following measures: (a) Anchorage to resist flotation and lateral movement; (b) Installation of watertight doors , bulkheads and shutters , or similar methods of construction to protect against winds , wave action or flood waters; (c) Reinforcement of walls to resist water pressures; (d) Use of paints, membranes or mortars to reduce seepage of water through walls; (e) Addition of mass or weight to structures to resist flotation; (f) Installation of pumps to lower water levels in structures; (g) Construction of water supply and waste water treatment and dis- posal systems so as to prevent the entrance or infiltration of flood waters; (h) Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures; (i) Construction to resist rupture or collapse caused by water pressure or floating debris; 106.2 Supp . #7, 5-78 § 9.1-3 Flood Hazard Districts § 9.1-3 (j) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures . Gravity draining of basements may be eliminated by mechanical devices; (k) Locations of all electrical equipment , circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood; (1) Location of any structural storage facilities for chemicals, explosives, buoyant materials , flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flota- tion of storage containers , or damage to storage containers which could result in the escape of toxic materials into flood waters. Regulatory flood or the 100 -year flood. The level of flooding that , on the average , is likely to be equalled or exceeded once in any 100 -year period , i . e . , that has a one percent chance of occurring in any year . Residential or residence. Any lot , plot , parcel , tract , area or piece of land or building used exclusively for family dwelling purposes or intended to be so used. Substantial improvement . Any repair , reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored , before the damage occurred. Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings , walls , fences, signs , light stan- dards, towers, tanks, etc. (Ord. No. 25-75-11, § 2; Ord. No. 25-77-12, § 1.) Sec . 9 . 1-3 . Applicability . (a) This chapter shall apply to and be enforced within the corporate limits of the city . (b) The provisions of this chapter shall constitute minimum standards throughout the city . (e) This chapter shall supercede any conflicting ordinance , building code or any other regulation, whether a county or municipal ordinance, to the extent that this chapter imposes more stringent requirements for the use or development of any lands or structures within HFH or GFH districts. It is not 106.3 Supp. #7, 5-78 § 9.1-4 Atlantic Beach City Code § 9.1-6 intended to repeal, modify or change any ordinance, building code or other regulation except as herein stated. (d) Provisions of this chapter shall not apply to those buildings for which a building permit has been issued and is in effect or for which proper and complete applications and plans have been submitted for building permits prior to the effective date of this chapter; provided, that the construction under the permit shall be commenced and progressively carried to a conclusion within the time limitations for permits established by the Building Code. (Ord . No. 25-75-11, §§ 6, 9, 15.) Sec. 9 . 1-4 . Maps adopted by reference. Those maps referred to in section 9.1-2 together with all explanatory matter thereof are hereby adopted by reference and are declared to he part of this chapter; and such material shall be kept on file, available to the public, in the office of the building inspector . (Ord. No. 25-75-11, § 6.) Sec. 9 . 1-5 . Enforcement. The city building inspector shall administer and enforce this chapter with- in the corporate limits of the city . Notwithstanding the provisions of section 9.1-12, the official responsible for the enforcement of the provisions of this chapter may secure enforcement hereof by any legal action necessary , such as application to any court for in- junctive relief, revocation of any building permit issued hereunder or other ap- propriate means. (Ord. No. 25- 75-11, §§ 7, 13.) Sec. 9 . 1-6 . Requirements applicable to HFH and GFH dis- tricts. ae The municipal official responsible for the administration and enforcement of this chapter , to the extent not otherwise prohibited by sections 9.1-7 and 9.1-8, with respect to development within the HFH and GFH districts , shall: (a) Require building permits for all proposed construction or other improvements within said districts; and (b) Review building permit applications for repairs within such dis- tricts to determine that the proposed repair (1) uses construction materials and utility equipment that are resistant to flood damage, and (2) uses construction methods and practices that will minimize flood damage; and (c) Review building permit applications for new construction or sub- stantial improvements within such districts to assure that the proposed construc- tion, including prefabricated and mobile homes, (1) is protected against flood damage; (2) is designed, or modified, and anchored to prevent flotation, col- lapse or lateral movement of the structure; (3) uses construction materials and 106.4 Supp. #7, 5-78 § 9.1-7 Flood Hazard Districts § 9.1-8 utility equipment that are resistant to flood damage, and also uses construction methods and practices that will minimize flood damage; and (d) Review subdivision proposals and other proposed new develop- ments to assure that: (1) all such proposals are consistent with the need to minimize flood damage; (2) all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated or constructed to mini- mize or eliminate flood damage; and (3) adequate drainage is provided so as to reduce exposure to flood hazards; and (e) Require new or replacement water supply systems and treatment plants and sanitary sewage plants and systems to be designed to minimize or eliminate infiltration of flood waters into the systems and plants and discharges from the systems and plants into flood waters, and require on-site waste water disposal systems to be located so as to avoid impairment of them or contamina- tion from them during flooding. (Ord. No. 25-75-11, § 3.) Sec. 9 . 1-7 . Development of HFH districts . (a) Existing uses located on land in an HFH district which is below the elevation of the regulatory flood shall not be expanded and no building permit referred to in section 9.1-6 of this chapter may be issued therefor unless the provisions of subsection (b) hereof are complied with; however, this shall not preclude routine maintenance of existing structures or improvements thereto which are less than substantial improvements, as herein defined, which do not increase the physical size of such structure. (b) No new construction or substantial improvement shall be undertaken and no building permit referred to in section 9.1-6 may be issued therefor upon any lands within the HFH district which are below the level of the regulatory flood unless such new construction or substantial improvement (1) is located landward of the reach of the mean high tide; and (2) is elevated on adequately anchored piles or columns to a lowest floor level at or above the regulatory flood level and securely anchored to such piles or columns; and (3) has no basement and has the space below the lowest floor free of obstructions so that the impact of abnormally high tides or wind -driven water is minimized. (Ord. No. 25-75- 11, § 4.) Sec. 9 . 1-8 . Development of GFH districts . (a) No new construction or substantial improvement of any residential structure shall be permitted in GFH districts, and no building permit referred to in section 9.1-6 of this chapter shall be issued therefor unless such new construction or substantial improvement has the lowest floor , including base- ment, elevated to or above the level of the regulatory flood. (b) No new construction or substantial improvement of any nonresiden- tial structure shall be permitted in GFH districts , and no building permit referred 106.5 Supp. #6, 12-76 § 9.1-9 Atlantic Beach City Code § 9.1-11 to in section 9.1-6 of this chapter shall be issued therefor unless such new construc- tion or substantial improvement has the lowest floor (including basement) ele- vated to or above the level of the regulatory flood, or if the lowest permitted floor level of ; such nonresidential structure, including basement , is below the regulatory flood level then such nonresidential structure together with attendant utility and sanitary facilities shall be floodproofed up to the level of the regula- tory flood; provided, that the lowest floor level of such nonresidential structure, including basement , shall be no more than ten feet below the regulatory flood level. (Ord. No. 25-75-11, § 5.) Sec. 9. 1-9. Interpretation of district boundaries . The boundaries of the flood hazard districts shown on the official flood hazard boundary maps may be determined by scaling distances . Required inter- pretations of those maps for precise locations of such boundaries shall be made by the building inspector . (Ord. No. 25-75-11, § 8 . ) Sec. 9.1-10. Variances. (a) The city commission shall consider and act upon applications for a variance from these regulations as hereinafter set forth. In granting any vari- ances hereunder , the city commission must consider the purposes of the National Flood Insurance Program , as specified in title 24, Code of Federal Regulations , chapter 10, subchapter B , parts 1909, et seq . Further, the city commission shall consider the fact that an annual report on variances granted must be sub- mitted to the National Flood Insurance Administration, which report is the basis for continued availability of flood insurance to the inhabitants of the city and, therefore, variances should be granted with extreme caution. (b) The city commission may grant variances from the terms of this chapiel° as wiii nut be eonirary Lc) the public it Teres , where, owing to special conditions , a literal enforcement of the provisions hereof will result in unneces- sary hardship , and so the spirit of the regulations shall be observed and sub- stantial justice done; provided, that the variance will be in harmony with the general purpose and intent of this chapter and that such variance is the minimum variance that will permit the reasonable use of the premises. (c) In granting any variance the city commission may prescribe any reasonable conditions , restrictions and limitations that it deems necessary or desirable. (Ord. No. 25-75-11, § 10.) Sec. 9 . 1- 11 . Liabilit y of city . The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific studies . Larger floods may occur . This chapter shall not be deemed to imply that areas inside or outside designated flood hazard districts will be entirely free from flooding or flood 106.6 Supp. #6, 12-76 § 9.1-12 Flood Hazard Districts § 9.1-12 damages , and shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chap- ter or any administrative decision lawfully made hereunder . (Ord. No. 25-75- 11 , 5-75- 11, § 11.) Sec . 9 . 1-12 . Violations . Willful violations of the provisions of this chapter or failure to comply with any requirements hereunder (including violations of conditions established in connection with any variance) shall constitute a misdemeanor, punishable by fine of not more than five hundred dollars or imprisonment for not more than sixty days , or both. Each day such violation continues shall be considered as a separate offense . (Ord . No. 25-75-11, § 13.) 106.7 Supp. #6, 12-76 § 10-1 Licenses § 10-2 CHAPTER 10. LICENSES. 1 § 10-1. Half-year licenses. § 10-1. 1. Occupational license tax year. § 10-2, Businesses falling under more than one classification; businesses op- erated at more than one location. § 10-3. Licenses to comply with city ordinances. § 10-4. Revocation. § 10-5. Schedule of fees. Sec. 10-1. Half-year licenses. The city clerk, upon proper showing that the issuance of a license for a full year would work a hardship in any instance during the period from July 1 to Dec- ember 31, may issue a half -year's license. Persons applying for a license after December 31 may be issued a half -year's license. (Ord. No. 45-58-1, § 7. ) Sec. 10- 1 . 1 . Occupational licens e. tax year. The occupational license tax year shall be for the full year October 1, 1972 through September 30, 1973. (Ord. No. 45-72-3, § 1. ) Sec. 10-2. Businesses falling under more than one classi- fication;, businesses operated at more than one location. Each license classification and the amount of the license tax, as set forth in this chapter shall be deemed to be cumulative to any license taxes otherwise im- posed, and when any occupation, business, profession or commercial activity shall fall into more than one of the classifications, such occupation, business, profession or commercial activity shall be required to comply with the license requirements of each such classification or provision. Whenever any person operates any of the businesses provided for herein at more than one location, each location shall be considered a separate business. (Ord. No. 45-58-1, § 8. ) 1. For charter provision authorizing city to license busi- nesses, professions and occupations, see Char. , § 4(7). See also Char. , § 125. For state law authorizing city to license businesses, professions and occupations, see Fla. Stats. , § 167.43. As to state and county license taxes, see Fla. Stats. , ch. 205. As to licensing of dogs and cats, see § 4-3 of this Code. As to finance and taxation generally, see ch. 8. 107 Supp. #4, 9-72 § 10-3 Atlantic Beach City Code § 10-5 Sec, 10-3. Licensees to comply with city ordinances. Issuance of a license by the city clerk shall in no wise relieve the holder there- of of responsibility for compliance with all provisions of this Code or other city or- dinances or parts thereof heretofore passed or which may hereafter be passed by the city commission regulating the conduct of such business. (Ord. No. 45-58-1, §4.) Sec. 10-4. Revocation. The city commission, by a three-fourths vote of all members present, sitting in regular session, by hearing, after notification to the holder that such hearing will be held, may revoke the license of any person found guilty of fraud or conduct involving moral turpitude. (Ord. No. 45-58-1, § 5. ) Sec, 10-5. Schedule of fees. The amount of license tax which shall be paid by persons engaging in or man- aging businesses, trades, professions or occupations in the city are as follows: ADVERTISING: (a) Agencies $ 75.00 (b) Outdoor (General license covering all phases of advertisement, as defined in chapter 479, Florida Statutes, relating to out- door advertisers, and including erecting, servicing and main- taining of electrical and neon signs) 50.00 Sign shcp (Fabricatio ..nd painting .._gr, �iiiy Nut . _ax....�_tit, t- .,:,�.�..r�.v>vi', nn, �cci,i�iit� of �i�t.� vialy . 1v17L cU include outdoor erection or maintenance of signs) 15.00 (2) Billboard, highway and wall signs (covering fabrication, erection, and/or maintenance of any type sign which is located on private property, exclusive of neon, which is covered under general license (b)) 35. 00 AGENCIES: (a) Insurance company, home office, branch office, claim office 75.00 (b) Insurance, each agent or solicitor 10. 00 (c) Real estate, each registered broker 15. 00 Each Salesman 10. 00 (d) Manufacturer's agent, wholesale 20. 00 108 Supp. #4, 9-72 § 10-5 ALCOHOLIC BEVERAGES: Licenses § 10-5 Vendors of beer, wines and liquors shall pay to the city that fee set and pro- vided for by the laws of the state, in addition to any other required licenses. 108.1 Supp. #4, 9-72 ORDINANCE 45-80-4 AN ORDINANCE AMENDING SECTION 10-5 OF THE ORDINANCE CODE OF THE CI`T'Y OF ATLANTIC BEACH PROVIDING FOR AN INCREASE IN OCCUPATIONAL LICENSE FEES AND DELETING CERTAIN OUTOODED OCCUPATIONS; PROVIDING AN EFFECTIVE TATE. Section. 10-5. Schedule of fees. The anount of license tax which shall be paid by persons engaging in or managing businesses, trades, professions or occupations in the city are as follows: ADVEKTIS TNG : (a) Agencies- - - - - - - - - - - - - - $75700- - - $112.50 (b) Outdoor (General license covering all phases of Advertiserrnt, as defined in Chapter 479, Florida Statutes, relating to outdoor advertisers, and including erecting, servicing and maintaining of electrical and neon signs) 50.-00- - - - 75.00 (1) Sign shop (Fabr±cation and painting of signs only. Not to include outdoor errection or maintenance of signs) - -15-99- - - - 22.50 (2) Billboard, highway and wall signs (covering fabrication, erection, and/or maintenance of any type sign Which is located on private property, exclusive of neon, which is covered under general license (b) ) 35799- - - - 50.00 AGENCIES: (a) Insurance co:,pany, hone office, branch office, claim office 75.-00- - - -112.50 (b) (c) Insurance, each agent or solicitor --10-09- - - - 15.00 Real Estate, each registered broker --15709 - - - -22.50 Each Salesman -19-09- - 15.00 (d) Manufacturer's agent, wholesale - -29709- - 30.00 ARCHI'th CI 22.50 ANTIQUE SHOP -7.-50-- - -15.00 ATTORNEY, each -15799- - - - 22.50 AUCTION HOUSE (Such business and fee to be granted on approval of the City Co mission) -59-09- - - - 75.00 AUTO DEALERS (Including storage) 25-09- - - - 37.50 (a) Used cars, sales only 7750- - - - 15.00 -2 - AUTO, MOTORCYCLES, TRUCKS: (a) Garages/Shops (Including right to do cleaning, storage repairs and service station) 35-99- - $ 52.50 (b) Service station, gas and oil service only, no repairs, ect. 15790 - - -22.50 (c) Service station (Including right to do cleaning, storage, repairs, accessories, gas & oil services) 35.09 (d) Wrecker service (e) Car Wash -2.99 BATT. BONDSMAN 50799 - CIES: (a) Bakery shop with retail sales at one location and retail delivery permitted 52.50 30.00 30.00 75.00 7.59- - - 15.00 (b) Each bakery truck delivering products inside city from a plant operated outside city 25709- - - 37.50 BARBERSHOP 25799- - - 37.50 BEAUTY SHOP 25.99- - - 37.50 BILLIARDS & POOL 29799- - - 30.00 BICYCLE RENTING, only 19799- - - 15.00 BICYCLE SHOP, rental & repair -15.-09- - - 22.50 B1 - 1 -(9R -WE DING SHOP (Including transient or mobile) $600.00 25.09- - - 37.50 BOOK AGENT'S -25.-99- - - 37.50 22.50 WRUNG ALLEYS, per alley -29-90- - - 30.00 BROKERS: (a) Money lenders negotiating small loans up to BOOKKEEPING SERVICES loans, ect.) (b) Stocks and bonds 200..-00- - -300.00 25.-90- - - 37.50 BUILDING & LOAN ASSOCIATIONS (Local concerns soliciting -25.99- - - 37.50 -3 - BUILDING SUPPLIES (Including sash, doors, windows, paints, retail, not hardware) 7.59- - $ 15.00 CANDY MANUFACTURERS (Including right to sell retail or wholesale) -2598- - - -37.50 CARPENTER OR CABINET SHOP 10700- - - -15.00 CEMENT OR ARTIFICIAL STONE (Mfgs.) 25709-- - - 37.50 CLOTHING (Men, worsen or childern) 25709- - - -37.50 CLUB, night 509.99- - - 600.00 CLUB, private -50799- - - -75.00 CLUB, country 59709- - - -75.00 COAL AND ICOD 29.09- - - -30.00 COIN MACHINES: (a) Music or phonographs 15.09- -22.50 (b) Marble type and shuffleboards 15799- -22.50 (c) Vending machines, five cents and up- - 5-99-- - - -7.50 (d) Electronic machines 2.2.50 CONTRACTORS: (a) General. Each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, eater and gas Pains 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 foliewi_ng rates: For 1 to 10 4.59- - - - 7.50 For 11 to 20 9.99- - - -13.50 For 21 to 30 13-59- - - -2.0.00 For 31 to 40 18-99- - - -27.00 For 41 to 50 22.-59- - - -34.00 For 51 to 100 75.99- - - 110.00 For 101 to 150 112750-- - 170.00 For 151 to 200 150799- - - 2.25.00 For 201 or more 187759- - - 280.00 In determining the number of persons employed, all principals shall be deemed errp loyeed and be included in the calculation. -4- (b) Electrical 59799- - $75.00 (c) Fences, metal 20.09- - -30.00 (d) Landscaping or lot cleaning 25.09- - -37.50 (e) Minor contractors (Tile, painting, plasterers, floor sanding & waxing, floor covering, all other miscellaneous small contractors) 20.09- - -30.00 (f) Plumbing, including steam & hot water heating conditioning (g) Hot air heating, sheet metal, air 59799- - -75.00 25.09- - -37.50 (h) Roofing and siding 20799- - -30.00 (i) Well diggers 20799- - -30.00 (j) Septic tank, installation & repair- - - -25709- - -37.50 (k) Crane service, steel erection 25.09- - -37.50 (1) Dredging 37.50 CURIOS & NOVELTTFS, GIF.L SHOP 7.-50- - -15.00 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) 75.09- - 110.00 door DELICATESSEN DEPARTMENT STORES (Including 5 & 10c stores) DEALERS: (a) Used cars, sales only (b) Secondhand rrnrchandi se 7.50- - -15.00 7.59- - -15.00 DRY CLEANING PLANTS, right to go from door to fountain DRUGSTORES, including drugs, sundries and EATING PLACES: 7.59- - -15.00 7.59- - -15.00 20.09- - -30.00 7.59- - -15.00 (a) Restaurant, cafe, snack bar, dining room, drive-in eating establishment or other public eating place, whether operated in con- junction with some other line of business or not, except dining rooms in licensed public lodging establishrrnts: 1 to 30 Seats 7.59- - -15.00