039 vOrdinance No. 3-q .
AN ORDINANCE Prohibiting, Subject to Exception, the Digging
into, and the Tearing up, Removing, Defacing, and Damaging of, the Surface
or Shoulders of Streets, Avenues , and Ways Throughout the Town of Atlantic
Beach, Florida; and Prescribing Certain Penalties for the Violation Thereof
BE IT ORDAIN= BY TEE MAYOR AID TOWN COUNCIL OF TIS' TO TN
OF AThANTIC BEACH, DUVAL COUNTY, FLORIDA:
Section 1: It shall be unlawful for any person,firm or cor-
poration to dig into, remove , tear up, deface or damage in any manner
whatsoever save for purposes of municipally authorized repair,either the
surfacing; or shoulders on or of any street,avenue ,way,drive-way,road-way,
or pathway on any public property of and in the Town of Atlantic Beach,
Florida, or on any property over or upon which the said Town may now or
hereafter be possessed of any easement for any type of public transportatioi
travel , or service: provided, however, that this Section shall not be
construed to apply to any per.son,firm, or corporation who, as owner or
owners of a public utility (such as electri c ,gas,water,etc . , ) system may
desire to lay pipes,wiring or cables, place poles, conduits , or meters,
or install any other necessary equipment requisite to the proper and effici-
ent use of such public utility, and who shall first procure from the City
Supervisor a municipal permit for such aforesaid operations ,approved, after
application duly made andsigned by such person or by some agent of such
firm or corporation, by the Chairman of the Town of Atlantic Beach Counci_1'
Public ' orks Committee ; and provided, further, that such person, firm, or
corporation executes , along with said application, valid and binding article
of indemnity secured by an appropriate bond, and guaranteeing to save the sa
Town harmless from any and all damage which it might sustain es the result
of such contemplated public utility operations aforesaid.
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Section 2: Any person, firm or corporation adjudged guilty of the
violation of the foregoing Section of this Ordinance shall, in the discretion
of the municipal judge , be punished by a fine not exceeding .;500.00, or by
imprisonment for a period of time not longer than three months, or by both
such fine and such imprisonment ; and each several day' s violation of this
Ordinance shall constitute a separate offense within the purview and meaning
of this Section.
Passed by the Town Council on first and second readings
l ; 1938; passed by the Town Council on third and final reading
0/46 1938; and presented to the Mayor Avej 'l ; , 1938.
Town lerk,
Town of A i :ntic Beach,Fla.
Examined and approved this ? day of /® 1938.
Mayor,
Town of A lant c Beach, Fla.
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