Ordinance No. 57-83-9 v 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. "
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"Sec. 37 . Chief of police : duties and authority.
It shall be the duty of the chief of police to attend
all meetings of the city commission as required by the city commission;
to aid in the enforcement of order and to enforce the city' s
ordinances; to execute all papers and process of the city or its
authorities; and to perform such other duties as may be lawfully
required of him. Subject to the authority and instruction of the
city commission and under the supervision of the director of public
safety, the chief of police shall have and exercise control over
the police department. "
"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. He 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. "
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"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.
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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.
ATTEST:
( SEAL ) aeeJ ✓C .Gt1Lt�
Adelaide R. Tucker
City Clerk