Ordinance No. 57-78-7 v ORDINANCE NO. 57-78-7
AN ORDINANCE AMENDING ARTICLE V OF THE ATLANTIC BEACH
CITY CHARTER (CHAPTER 57-1126, LAWS OF FLORIDA) BEING
LABELED, "DEPARTMENT OF PUBLIC SAFETY" ; PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section A: INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to merge the Fire,
Police and Life Guarding services into a single Public Safety Department; to
more fully utilize all Public Safety personnel ; for increased efficiency in
providing maximum protection in areas of Police, Fire and Life Guarding ser-
vices to the citizens and visitors of Atlantic Beach, Florida.
Section B: SECTION 35, ARTICLE V, TITLED DEPARTMENT OF PUBLIC SAFETY,
THE CHARTER, ATLANTIC BEACH CITY CODE, IS HEREBY AMENDED
TO BE AS FOLLOWS:
Section 35. Director of Public Safety
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 Ordinance. In
the absence of such Ordinance, the City Manager shall be the Director of Public
Safety. The Department of Public Safety shall consist of the following divisions :
(1 ) Police Division (2) Fire Division (3) Life Guard Division.
Section C: SECTION 36, ARTICLE V, TITLED POLICE DEPARTMENT, THE CHARTER,
ATLANTIC BEACH CITY CODE, IS HEREBY AMENDED TO BE AS FOLLOWS:
Section 36. Police Division
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
(2)
approval of the City Commission. He shall receive such compensation as deter-
mined by the City Commission.
Section D: SECTION 37, ARTICLE V, TITLED CHIEF OF POLICE, THE CHARTER,
ATLANTIC BEACH CITY CODE, IS HEREBY AMENDED TO BE AS FOLLOWS:
Section 37. Chief Public Safety Officer; Duties and Authority; Police 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 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.
Section E: SECTION 38, ARTICLE V, TITLED CHIEF OF POLICE AND HIS DEPUTIES;
THE CHARTER, ATLANTIC BEACH CITY CODE, IS HEREBY AMENDED TO BE AS
FOLLOWS:
Section 38. Chief Public Safety Officer and his Deputies; Powers and Authority;
Police Division.
The Chief Public Safety Officer and his designated Public Safety Officers 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 ordi-
nance 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.
(3)
Section F: SECTION 39, ARTICLE V, TITLED FIRE DEPARTMENT, THE CHARTER,
ATLANTIC BEACH CITY CODE, IS HEREBY AMENDED TO BE AS FOLLOWS :
Section 39, 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 determined by the
City Commission.
Section G: SECTION 40, ARTICLE V, TITLED FIRE CHIEF, THE CHARTER, ATLANTIC
BEACH CITY CODE, IS HEREBY AMENDED TO BE AS FOLLOWS:
Section 40. Chief Public Safety Officer; Duties and Authority; 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 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 re-
lating 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 Chief Public Safety Officer
shall have and exercise control over the Fire Division.
Section H: ARTICLE V, THE CHARTER, ATLANTIC BEACH CITY CODE, IS HEREBY
AMENDED BY THE ADDITION SECTION AS FOLLOWS:
Section 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 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.
A
(4)
(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 I: SEPARABILITY
In the event any section, subsection, paragraph or clause contined herein
shall be declared unconstitutional or invalid by a court of competent jurisdic-
tion, such declaration shall not effect the remaining portions hereof, which
shall remain in full force and effect.
Section J: CONFLICTS REPEALED
All Charter provisions , Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section K: EFFECTIVE DATE
This Ordinance shall become effective immediately upon final passage.
* * * * * * * * * * * * * * *
Passed by the City Commission on first reading August 28
, 1978.
Passed by the City Commission on second reading September 11
, 1978.
Passed by the City Commission on third and final reading on
September 25 1978.
Attest:
Ki a1
ADELAIDE R. TUCKER
City Clerk
AUTHORITIES:
Art. VIII , Sec. 2(b) Fla. Const'
Chapter 166. 011-166.411 , Florida Statutes ;
A.G.O. - 073-276