064 vORDINANCE NO. 64.
AN ORDINANCE Regulating the Construction of Artesian "Yells in the
Town of Atlantic Beach, Florida; Froviding penalties for the
Violation Thereof; and Repealing Ordinance No. 26.
WHEREAS, the Town Council of the Town of Atlantic Beech,
Duval County, Florida, acting in the reasonable exercise of its
discretion, and after a careful study of all pertinent facts, has
determined, and hereby expressly declares, under the letigimato
exercise of its police powers, that reasonable and bona fide
municipal regulation of the construction of ertesian wells within
the corporate limits of said Town is essential to the public
health, comfort, morals and general welfare of the said Town and
its citizens and visitors.
BE IT O :DAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN
OF ATLANTIC BEACH, FLORIDA:
Section 1. It shall be unlawful for any person, firm or
corporation to dig, drive , sink, erect or construct, within the
corporate limits of the Town of Atlantic Beach , Florida, any
artesian well , fron which water for drinking, domestic or commer-
cial purposes may be furnished, derived, drawn or taken, until an
application has been filed with the Building Inspector of the Town
in accordance with the provisions and conditions herein, end until
a permit hes been issued by the Building Inspector for the digging,
driving, sinking, erection or construction.
Section 2. The application for said permit shell be in writ-
ing and shall set forth any and all information as required by the
Building Inspector.
Section 3. No permit shell be issued by the Building Inspec-
tor unless,
a) the well is to be constructed on the lot or nrooerty of
the applicant in such a manner and place es to be adjacent to and
accessible from a public street, and unless
1...\ •.L,a .mal l 4 . e4t4.ad ai. *Imes avriuntea of *ha nnl 1 nanf
the permit not to give , sell or rent water for domestic or commer-
cial purposes to parties other than occupants of the premises on
which the well is to be placed and constructed, and unless
d) the applicant agrees, es aforesaid, to allow the Town
or its authorized agents to take and use all excess water for
public purposes, over and above the applicant ' s needs, end in case
of a public emergency, to allow the Town to connect the well (at
the Town' s expense ) to public or private mains and take all the
water, and unless
e) the applicant agrees, as aforesaid, to pay into the Town,
in case that the Town owns, and is operating, a municipal water
works capable of supplying the applicant, the then existing water
rate .
Section 4. Any one or 411 of the above conditions may be
waived in individual circumstances requiring equity and justice by
the Town Council sitting at a regular meeting and in such case the
waiver must appear in the form of a resolution upon the Minutes of
said Council ' s meeting at which such waiver is made.
Section 5. Any person, firm or corporation found guilty of
the violation of any provision of this Ordinance shall , for each
separate offense against the terms thereof, be subject, in addition
to those remedies afforded by law or in equity , to a fine not to
exceed Twenty-five (;;25.00) Dollars, or to imprisonment for a period
of tir:e not exceeding Thirty (30) days, or to both fine and
imprisonment within the respective limits es herein previously
defined. !•ech several day consumed in the unlawful digging, sink-
ing, erection or construction of any well , as described in Section
1 of this Ordinance, shall constitute a "separate offense" within the
waning of this Section.
Section 6. Ordinance No. 26, entitled, "AN ORDINANCE
Prohibiting the Construction of Wells within the Corporate Limits
V
f
Section 7. This Ordinance shall take effect immediately
upon its becoming a law.
Passed by the Town Council on first Reading May 13, 1941.
Passed by the Town Council on Second heading, May 13, 1941.
Passed by the Town Council on Third and Final Reading July
8, 1941.
Approved by the Mayor, July 11, 1941.
r
Mayor
Town of Atlantic Beach, Florida.
Attest:
A E' r E R.
Town Clerk
P
it
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