04-05-18 PPSARC Agenda Packet
CITY OF ATLANTIC BEACH
Parking and Pedestrian Safety Advisory Resource Committee
Thursday, the 5th of April 2018
Commission Chamber, City Hall
800 Seminole Road, Atlantic Beach, FL 32233
Agenda
6:00 pm Call to Order
Roll Call
6:05 pm Courtesy of the Floor
6:15 pm Approval of Minutes 1 March 2018
6:20 pm Consent Agenda
6:20 pm Reports
6:20 pm Special Orders of the Day
6:20 pm Old / Unfinished Business
Chair
Chair
Committee
Committee
None
None
None
1) Selection and Appointment of Olsen & Associates Liaison
2) Recommendation to City Commission to Install 3 -4
Temporary No Parking Signs Along Ahern Street Between East
Coast Drive and Sherry Drive
3) Recommendation to City Commission to Immediately Remove
the Beach Shower at the Intersection of Beach Avenue and 18th
Street
7:20 pm New Business
1) Consideration to Recommend to the City Commission the
Creation of a Sidewalk and Crosswalk Adjacent to the Parking
Lot on the southeast corner of East Coast Drive and Ahern
Street tabled on 1 March 2018. (P. O’Bannon)
2) Request for Public Works to give an update on the 10th Street
Beach access reconfiguration
3) Request from Police Chief Michelle Cook to review the City of
Atlantic Beach Parking Ordinance for revision and clarification
7:45 pm Set Agenda and Announcements
8:00 pm Adjourn
CITY OF ATLANTIC BEACH
Parking and Pedestrian Safety Advisory Resource Committee
Minutes
March 1, 2018
Call to Order by Chair Stinson at 6:03 pm.
Roll Call was taken.
Members present included:
Jennifer Lagner Paula O’Bannon
Kim Reich Michael Tari
Dales Wappes Woody Winfree
Members Absent included:
Terry Essick Greg Kupperman
Nancy Whittington Dennis Winkelman
Courtesy of the Floor was extended to anyone present, there being no one in attendance,
Courtesy of the Floor was closed.
Minutes to Approve – none to approve
Consent Agenda – none to consider
Reports
Commissioner Stinson gave a summary report detailing his meeting with Mr. Kevin Bodge,
of Olsen & Associates, regarding the actions of the PPSARC and how such actions might
impact beach dune restoration efforts. Commissioner Stinson notified members of the
Committee that the Committee should appoint one member to act as a Liaison to work with
Mr. Bodge to further understand the relationship between parking and beach dune
restoration funding.
Action items from the discussion included measurement of the north side of 18th Street
between Beach Ave. and Seminole Road is needed to further study reconfiguration options
and the importance of immediately removing the shower from the intersection of 18th
Street and Beach Ave. to enhance pedestrian safety.
Commissioner Stinson also gave a brief summary of his presentation related to parking to
the Atlantic Beach Preservation group. Member O’Bannon commented on the presentation
of all the presenters present at the meeting. Members of the Committee requested being
given copies of Commissioner Stinson’s presentation.
Action items include distribution Commissioner Stinson’s presentation to the AB
Preservation group.
Special Orders of the Day – None to consider
Old / Unfinished Business
1) The final beach parking inventory data collection and compilation was presented to
the Committee for review and final changes.
2) A brief discussion of Mr. Wappes’s and Mr. Tari’s recommendations about possible
parking reconfigurations was given to the Committee. Discussion ensued. Included
in the discussion were comments from Commissioner Stinson about information
obtained from his meeting with Olsen & Assoc. that might guide the Committee
moving forward relative to any reconfiguration changes. Such information included
timing, pay for parking options, electric vehicle and bicycle rack considerations.
A Motion to Draft a City Commission Recommendation Requesting Immediate Removal of
the 18th Street Shower was made by Member Wappes and seconded by Member Lagner.
Discussion ensued. After all members had two opportunities to speak on the matter the question
was called.
Ayes – 6
Nays – 0
The Motion passed unanimously. Commissioner Stinson was asked to draft the
Recommendation for the Committee to consider at the next available meeting.
3) Answers to questions raised by Committee members at previous meetings were
presented and discussed by the Committee. The questions and answers were
included in the Agenda packet for the meeting held on the 1st of March 2018.
4) Discussion ensued on Agenda Item (5) Ahern Street Pedestrian Safety Concerns
Between East Coast and Sherry Drive, originally presented to the Committee at the
PPSARC meeting on the 15th of February 2018. Concerns related to pedestrian
safety due to the development and construction related to twelve ne town homes
along this portion of Ahern Street and due to the frequent use of this area for
residents and visitors of the Beaches Town Center for parking contributing to the
congestion and safety concerns.
A Motion to Draft a City Commission Recommendation Recommending Four Temporary No
Parking Signs Be Placed on Ahern Street Between East Coast Drive and Sherry Drive was
made by Member Tari and seconded by Member Wappes. After all members had two
opportunities to speak on the matter the question was called.
Ayes – 6
Nays – 0
The Motion passed unanimously. Commissioner Stinson was asked to draft the
Recommendation for the Committee to consider at the next available meeting.
_______________________________________________________
________________________________________________________
A Motion to Draft a City Commission Recommendation Recommending the Creation of a
Sidewalk and Crosswalk Adjacent to the Parking Lot Behind Ragtime was made by Member
O’Bannon. There being no second to the motion, the motion failed.
Commissioner Stinson recommended to Member O’Bannon that perhaps her concerns could be
placed on a future agenda allowing members time to review her map and concerns prior to a
meeting. Commissioner Stinson described the need to allow other members adequate time to
familiarize themselves with such matters would be a more appropriate way to introduce
something for action. Commissioner Stinson requested that Member O’Bannon email the City
Clerk if she wished to have this included on a future agenda.
New Business
The Committee held general and informal discussions related to appointing one member to Meet
with Olsen & Assoc. to better understand parking obligations related to beach dune restoration.
Due to the number of members absent, the Committee offered consent to address this agenda item
at the next regularly scheduled PPSARC meeting.
Set Agenda & Announcements
Commissioner Stinson briefly reviewed items from the night’s discussions that were planned for
the next meeting agenda. Members made closing comments.
Adjourn
Since there was no further business to attend to, Commissioner Stinson adjourned the meeting at
8:16 pm.
John Stinson, Commissioner
Chair
ATTEST:
Donna L. Bartle
City Clerk
CITY OF ATLANTIC BEACH
PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING
RECOMMENDATION FOR PRESENTATION TO THE CITY OF ATLANTIC BEACH CITY
COMMISSION TO RECOMMEND INSTALLATION OF THREE TO FOUR NO PARKING
SIGNS ALONG AHERN BETWEEN EAST COAST DRIVE AND SHERRY DRIVE
AGENDA ITEM: Recommendation to install 2-3 temporary no parking signs
along Ahern Street between East Coast Drive and Sherry Drive
SUBMITTED BY: John M. Stinson, Chair – P2SARC
REPORT DATE: 5th of April 2018
BACKGROUND: The City of Atlantic Beach Community Development Board
placed on the agenda for the CDB regularly scheduled meeting
of the 18th of July 2017, consideration of a request to re-plat
made by the applicant Ahern TH Project LLC.
The applicant requested to re-plat Atlantic Beach Subdivision
A, Lots 2,4,6,8,10 and 12 Block 2 (54 East Coast Drive, 329 and
331 Ahern Street).
The Community Development Board at their regularly
scheduled meeting held on the 18th of July 2017 unanimously
approved the request to re-plat and the matter was referred to
the City Commission for a Public Hearing and consideration.
The Atlantic Beach City Commission held a Public Hearing
during the regularly scheduled meeting of the 12th of February
2018. After public comment and Commission discussion, the
re-plat was approved by unanimous vote.
There may be other historical information, not presented in
this chronology and not available at the time of the drafting of
this report.
JUSTIFICATION: Because of comments offered by the public during the Public
Hearing held on the 12th of February 2018 by the Atlantic
Beach City Commission, Commissioner Stinson as Chairperson
of the P2SARC asked members of the on the P2SARC 15th of
February 2018 to review the impact the development might
have on pedestrian safety in the area surrounding the
approved re-platting and the proposed development.
This matter was again placed on the agenda P2SARC for the 1st
of March 2018. During this meeting and the resulting
discussion, including inquiries made of Sergeant Jevic, the
ABPD liaison to the P2SARC, about ABPD activity in the area,
the P2SARC members voted unanimously to request the City
Commission take action to ensure pedestrian safety in the area.
The recommended action is to install three to four temporary,
no-parking signs along the north side of Ahern street, between
East Coast Drive and Sherry Drive.
It is believed by the members of the P2SARC that it would be
prudent to take these necessary steps to protect pedestrians
traversing the area from construction vehicles and to prevent
vehicular parking from continuing to encroach onto the
sidewalks along the development as is now being experienced.
BUDGET: Budgetary impact has not been determined at this time.
RECOMMENDATION: 1. Install three to four temporary “No Parking” signs along the
north side of Ahern Street, between East Coast Drive and
Sherry Drive as soon as practical.
ATTACHMENTS: 1. Pertinent minutes of the CDB meeting of the 18th of July
2017, relative to the approval by the CDB of PLAT17-0004
2. Pertinent minutes of the City Commission meeting of the
12th of February 2018, relative to the approval by the City
Commission of Plat17-0004
PRESENTATIONS: None at this time.
APPROVAL:
John M. Stinson, City Commission, Seat No. 2
CITY OF ATLANTIC BEACH
PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING
RECOMMENDATION FOR PRESENTATION TO THE CITY OF ATLANTIC BEACH CITY
COMMISSION TO REMOVE THE BEACH SHOWER PRESENTLY IN THE PARKING AREA
AT THE 18TH STREET BEACH ACCESS
AGENDA ITEM: Recommendation to remove the beach shower currently
placed in the parking area of the 18th Street Beach Access
Parking
SUBMITTED BY: John M. Stinson, Chair – P2SARC
REPORT DATE: 5th of April 2018
BACKGROUND: The City of Atlantic Beach currently provides at taxpayer
expense, showers for the convenience of beach visitors to
utilize when visiting the beaches adjacent to Atlantic Beach.
Most of these showers are placed either at the entrance to a
beach access or somewhere along the access between parking,
streets or other gathering places and the beach entrance.
The shower for the 18th Street beach access at some point in
the past was located along the beach access pathway between
the parking area and the beach entrance. The rationale for
moving the beach shower from that position to its current
location is unclear, but it is believed to have been a result of
poor shower drainage possibly impacting the area around the
shower location.
The shower was relocated in the past, at a time uncertain, to its
current placement located in the parking area of the 18th Street
beach access. It is located on the northeast corner of the Beach
Avenue and 18th Street intersection, and within the parking lot.
This placement makes this particular beach shower unique in
location compared to the other beach showers provided for
beach users. No other beach access has a shower located on the
pavement available to vehicular traffic.
There may be other historical information, not presented in
this chronology and not available at the time of the drafting of
this report.
JUSTIFICATION: By the very nature of its creation and charge, the Parking &
Pedestrian Safety Advisory Resource Committee, the P2SARC,
has focused much of its efforts on ensuring pedestrian safety,
particularly when the interaction between pedestrians and
cyclists comes close in proximity to vehicular traffic.
A significant effort by the P2SARC to identify available parking
for beach users was performed. After this work was completed
and after hearing from both members of the P2SARC and the
public about concerns relative to the beach shower at 18th
Street, the P2SARC considered options, including parking
realignment or reconfiguration, and relocation of the shower to
improve pedestrian safety in the area.
The 18th Street parking area is the largest beach access parking
area available to beach users and residents in Atlantic Beach
within the residential community.
The P2SARC believes the shower should be relocated to a
position that still provides the amenity to beach visitors, but
does not encourage beach goers to congregate in a vehicular
traffic area. The P2SARC could make recommendations for
positions to relocate the shower too, but preferred to defer to
the Director of Public Works and other appropriate City staff to
choose an appropriate location for placement.
However, the P2SARC members by unanimous vote on the 1st of
March 2018 agreed to consider recommending to the City
Commission, that the shower be removed as soon as practical,
and prior to the pending summer season.
BUDGET: Budgetary impact has not been determined at this time.
RECOMMENDATION: 1. Immediately remove the beach shower currently placed in
the 18th Street beach access parking area.
ATTACHMENTS: None
PRESENTATIONS: None at this time.
APPROVAL:
John M. Stinson, City Commission, Seat No. 2
Atlantic Beach City Code, Chapter 21
Chapter 21 - TRAFFIC AND MOTOR VEHICLES
[1]
Footnotes:
---(1) ---
Cross reference— Any ordinance pertaining to traffic or parking regulations applying to specific streets
saved from repeal, § 1-5(10); use of vehicles prohibited in beach safety zone, § 5-17; mobile homes and
recreational vehicles, Ch. 10; use of sirens, whistles, etc., on vehicles prohibited, § 11-4; offenses, Ch.
13; police, Ch. 15; signs and advertising structures as traffic hazards, § 17-4; streets, sidewalks and other
public places, Ch. 19.
State Law reference— Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local authorities,
F.S. § 316.008.
ARTICLE I. - IN GENERAL
[2]
Footnotes:
---(2) ---
Editor's note— Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004, amended art. I to read as herein
set out. Former art. I pertained to similar subject matter and derived from §§ 11-1, 22-2 of the 1970 Code.
Sec. 21-1. - Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic Control
Devices.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being Chapter 316,
Florida Statutes, as may be amended, which law shall be in full force and effect within the City as if fully
set forth herein, and shall be considered as part of this Chapter. Also adopted by reference and
considered as part of this Chapter is the Manual on Uniform Traffic Control Devices (MUTCD) for Streets
and Highways, as published and amended by the Federal Highway Administration.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-2. - Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any street or roadway except in
accordance with a permit issued by the city manager and such other regulations as are set forth within
this Code, which may apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-3—21-15. - Reserved.
ARTICLE II. - STOPPING, STANDING AND PARKING
[3]
Footnotes:
---(3) ---
Editor's note— Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. II to read as herein
set out. Former art. II pertained to similar subject matter and originated from Ord. No. 75-82-3, §§ 1—11,
adopted Apr. 12, 1982 and from §§ 11-3—11-8 of the 1970 Code. Additional amendatory history can be
found in the Code Comparative Table located at the end of this volume.
Cross reference— Off-Street Parking and Loading, § 24-161; Parking Lots, § 24-162; Storage and
Parking of Vehicles in Residential Districts, § 24-163.
State Law reference— Authority to regulate or prohibit stopping, standing or parking, F.S. §
316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; additional parking
regulations, F.S. § 316.195.
DIVISION 1. - GENERALLY
Sec. 21-16. - Manner of parking.
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the
roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall
be within twelve (12) inches of the edge of the roadway, except as provided in the following
paragraphs:
(1) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle
shall be parked at the angles of the curb indicated by the mark or sign.
(2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading
of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise
or material may be backed into the curb to take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed
in any location on public or private property, which interferes with the safe, clear and unobstructed
sight distance of any rights-of-way intended or designated for use by pedestrians, bicycles, and
vehicles. Such obstruction shall be immediately removed by order of the police department, and if
required, charges for towing and storage, as set forth herein shall apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Similar provisions, F.S. § 316.195.
Sec. 21-17. - Prohibited in specific areas.
No person shall stop, stand or park a vehicle, in any of the following places or as restricted by the
following provisions, except when necessary to avoid conflict with other traffic, or when complying with
the directions of a police officer or an official traffic-control device.
(a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any
part of the sidewalk area;
(b) On any city right-of-way within seven (7) feet of a public driveway, or private driveway upon
complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or
devices established in the area;
(g) Along side or opposite any street excavation or obstruction when the stopping, standing or
parking could obstruct traffic, and any place where any official sign prohibits stopping or
parking, and any parking place specifically designated and marked for the disabled unless the
vehicle displays a parking permit as required by state law.
(1) A person who is chauffeuring a disabled person shall be allowed, without need for an
identification parking permit, momentary parking in the parking space for the purpose of
loading or unloading a disabled person, and no penalty shall be imposed upon the driver
for this monetary parking.
(2) A person convicted of violating these provisions regarding parking spaces designated for
disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as
authorized by the city, shall be parked overnight in any public park or public open space, on any
property occupied by a government use, or in any other location posted by the city to prohibit
overnight parking.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
State Law reference— Similar provisions, F.S. § 316.1945.
Sec. 21-18. - Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to
leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver
may stop temporarily during the actual loading or unloading of passengers or when necessary in
obedience to a traffic regulation or traffic sign or signal or a police officer.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-19. - Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person
shall park a vehicle in such a designated place.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-20. - Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer
than the respective times set forth in any schedule applicable thereto promulgated and adopted by the
city manager.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-21. - Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose
of:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated
by an emergency.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-22. - Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (10,000) pounds
gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor
unit or trailer unit of any tractor-trailer-type truck, upon any private property in a residential zone
except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for
loading and unloading, unless otherwise authorized by the city manager or his designee.
(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer,
equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for
the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and
unloading, unless otherwise authorized by the city manager or his designee.
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars
($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-23. - Parking in the right-of-way.
Parking in the right-of-way for short periods of time (not to exceed eight (8) hours) is permissible.
Parking in the right-of-way is not intended to be a solution for limited driveway and/or garage parking.
No person shall park in the right-of-way on the below listed streets on a regular basis at a residence,
which is defined as three (3) or more occasions in any seven-day period.
Parking on the rights-of-way, as described in the two (2) paragraphs directly above, shall be
prohibited on the following streets and roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-13-19, § 1, 10-28-13)
Editor's note— Section 1 of Ord. No. 75-13-19, adopted Oct. 28, 2013, changed the title of §
21-23 from "Parking more than seventy-two hours prohibited" to read as herein set out.
Sec. 21-24. - Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful; exception;
nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25. - Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and shall
cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage
or other place of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on the curb
prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of time longer
than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or
the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to
such an extent as to be unable to provide for its custody or removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the
vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Establishment of rotating wrecker call list, § 21-50.
Sec. 21-26. - Same—Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or place where
the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the
garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and
storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no
event shall the city or any officer; employee or department of the city be liable for the charges and costs
by reason of their enforcement of this section.
Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Charges for towing and storage, § 21-51.
Secs. 21-27—21-35. - Reserved.
DIVISION 2. - ENFORCEMENT
Sec. 21-36. - Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed uniform traffic
citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the
duty of the public safety officers to check on parking locations for indications of illegal parking and to give
the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of
the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a
citation specifying the violation with the registered owner or operator of the vehicle or by attaching the
citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by
the public safety officer, with his signature affixed thereto, at the close of each day's work, with the
records division of the public safety department.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-37. - Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
(b) Set forth substantially the nature of the offense and the number of the ordinance being violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the person cited if
delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic
Beach, finance department the applicable fine as established by section 21-38; and
(f) Shall be signed by the person issuing them.
(Ord. No. 75-04-65, § 1, 9-13-04)
Sec. 21-38. - Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of parking
violations occurring within the city:
(a) Parking in prohibited areas ..... $50.00
(b) Parking within fifteen (15) feet of fire hydrant ..... $50.00
(c) Parking double ..... $50.00
(d) Obstructing traffic ..... $50.00
(e) Obstructing driveway ..... $50.00
(f) Parking over time limit ..... $50.00
(g) Other improper parking ..... $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces ..... $250.00
(i) Parking in the right-of-way: First offense ..... $100.00
Second offense within twenty-four (24) months of first offense ..... $150.00
Third offense within twenty-four (24) months of first offense ..... $250.00
Fourth and subsequent offenses at any time ..... $500.00
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04; Ord. No. 75-13-19, § 2, 10-
28-13)
Sec. 21-39. - Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking
fine as specified on the parking citation and in accordance with the schedule of fines at any time
before a summons is issued with respect thereto, in person at his office or by mail. The voluntary
payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense
charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the
parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in the citation of
paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented
by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the time
limitations for the payment of the tickets has expired, then the vehicle may be disabled or towed
pursuant to the conditions set forth within this chapter.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-40. - Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the
director of finance in a manner as prescribed by the director of finance.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-41. - Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle
license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall
be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is
registered in the office of the appropriate agency of the state issuing the license tag.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-42—21-49. - Reserved.
ARTICLE III. - WRECKER SERVICE
[4]
Footnotes:
---(4) ---
Editor's note— Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. III to read as
herein set out. Former art. III pertained to similar subject matter and derived from Ord. No. 57-92-18, §§
1—5, adopted Apr. 13, 1992 and Res. No. 01-15, § 1, adopted July 9, 2001.
State Law reference— Removing and impounding, § 21-25; towage and storage charges, § 21-26.
Sec. 21-50. - Establishment of rotating wrecker call list.
The chief of police, subject to approval by the city manager, is hereby authorized to establish
standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing
firms, companies, or corporations licensed to conduct that business may apply for a listing by the police
department on the rotating wrecker call list.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-51. - Charges for towing and storage.
The charges for towing and otherwise removing any damaged motor vehicle from any point within
the city shall be as set forth below. Daytime shall be defined as the hours from 6:00 a.m. until 6:00 p.m.
Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and nighttime charges shall also
apply Sundays and legal holidays.
Daytime Nighttime
(a) Class A wrecker
Passenger cars and light vans $73.00 $94.00
Trucks (half-ton to two tons $73.00 $94.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $73.00 $94.00
(b) Class B wrecker: The charges for towing and otherwise removing any truck, unit or part thereof,
from more than two tons to 10 tons of weight $105.00 per hour towing charge, but in no event
less than a $100.00 charge for towing, and not more than $105.00 per hour for cleanup, extra
labor and waiting time.
(c) Class C wrecker: The charges for towing and otherwise removing any truck or unit of 10 tons or
greater weight $157.00 per hour towing charge for a truck or unit transportable as a whole, but
in no event less than $157.00 charge for such towing, or, $210.00 per hour towing charge for a
truck or other unit not transportable as a whole, but in no event less than a $100.00 charge for
such towing; and not more than $100.00 per hour for cleanup, extra labor or waiting time.
Daytime Nighttime
(d) Overturned vehicles:
Regular price plus $52.00 $52.00
(e) On Ocean:
Regular price plus (Driver and/or wrecker must enter water) $52.00 $73.00
(f) Use of dollies:
Regular price plus $52.00 $75.00
(g) The charges for storage of vehicles by wrecker service operators shall be as follows:
Storage, outside per day; $17.00.
Storage, inside per day; $21.00.
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a
partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been physically attached to
the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged.
(i) The above charges may be changed by resolution adopted by the city commissi on.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Towage and storage charges, § 21-26.
Sec. 21-52. - Wreckers to be equipped at all times.
All wreckers must be equipped at all times with amber flashing lights and all necessary working tools,
including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-53. - Liability insurance.
All wreckers shall have, maintain, and keep in full force and effect, liability insurance in amounts not
less than one hundred thousand dollars ($100,000.00) to three hundred thousand dollars ($300,000.00)
and property insurance in an amount not less than fifty thousand dollars ($50,000.00).
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-54. -Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any
such removed vehicle without the written consent signed by its owner or his duly authorized agent.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-55—21-59. - Reserved.
ARTICLE IV. - MOTOR VEHICLE TITLE LOANS
Sec. 21-60. - Definitions.
(a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees to make a
loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle
agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned
by the borrower and encumbered only by a title loan agreement.
(b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be amended
from time to time.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-61. - Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title loan
transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met:
(a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title;
(b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of
the loan;
(c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle;
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement
showing the loan amount, origination date, maturity date, finance charges, a description of the
security, the name and address of the borrower and the secondhand dealer, the rate of interest
expressed in terms of annual percentage rate, the total number of payments required, and the
total amount required to be paid over the life of the loan. In the event the borrower has a right to
renew the loan, the secondhand dealer must deliver a statement with the information required
herein for each renewal; and
(e) The title loan agreement contains the following statements printed in not less than fourteen-
point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not repay this loan in
full, including the finance charge, YOU WILL LOSE YOUR VEHICLE."
(2) "You are encouraged to repay this loan at the end of the 30 day period. The lender is not
required to extend or renew your loan. It is important that you plan your finances so that
you can repay this loan as soon as possible."
(3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE
AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE
OF 30%."
(4) "The borrower represents and warrants that the motor vehicle and the certificate of title is
not stolen, it has no liens or encumbrances against it, the borrower has the right to enter
into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for
a duplicate certificate of title while the title loan agreement is in effect, and that doing so will
be a violation of the law."
(f) Immediately above the signature of the borrower, the statement that "I, the borrower, declare
that the information I have provided is true and correct and I have read and understand the
foregoing document."
(g) A blank line for the signature of the borrower.
(h) The secondhand dealer must display, in a prominent place in the title loan premises, for
customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following
messages written in letters no less than four (4) inches high:
"IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR
THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE
CHARGES, YOU WILL LOSE YOUR VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER
SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL
PERCENTAGE RATE OF 30%."
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-62. - Maximum interest rate.
A secondhand dealer who engages in title loan transactions may not exceed the following interest
rates:
(a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5) percent
per thirty-day period the title loan agreement remains outstanding and unsatisfied. In
determining compliance with the maximum interest and finance charges, the computation must
be simple interest and not add-on interest or any other interest computation.
(b) If the title loan agreement has not been satisfied within three hundred sixty (360) days, a
secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per annum
for the time the title loan agreement remains outstanding and unsatisfied beyond three hundred
sixty (360) days.
(c) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not
exceed, the annual percentage rate that must be computed and disclosed as required by the
federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve
System. When the period for which the charge is computed is more or less than one (1) month,
the maximum rate for the period must be computed on a basis of one-thirtieth ( 1/30 ) the
applicable monthly interest rate, multiplied by the number of days of the period.
(d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange
for the advancement of funds on the condition that the borrower shall or may redeem or
repurchase the certificate of title upon the payment of a sum of money, whether the transaction
be characterized as a "buy-sell agreement", "sale-leaseback agreement", or otherwise, shall be
deemed a violation of this article if such sum exceeds the amount that a secondhand dealer
may collect in a title loan agreement under this article or if the terms of the transaction otherwise
conflict with the permitted terms and conditions of a title loan agreement under this article.
(e) Any fees or taxes paid to a state agency and directly related to an individual title loan
transaction may be collected from the borrower and shall be in addition to the permitted finance
and interest charge.
(f) No charges, including interest, in excess of the combined total of all charges permitted by this
section shall be allowed.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-63. - Transaction satisfaction and default.
(a) When the title loan has been paid in full, the secondhand dealer must deliver to the borrower a
certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within
thirty (30) days of such payment in full.
(b) A secondhand dealer who engages in title loan transactions may take possession of the motor
vehicle upon the borrower's default under the title loan agreement. Unless the borrower voluntarily
surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle
through an agent licensed by the State of Florida to repossess motor vehicles.
(c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply
with the applicable requirements of F.S. Ch. 679, Pt. V.
(d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be
made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in parts and
at any time and place and on any terms, but every aspect of the disposition, including the method,
manner, time, place and terms including surplus of the debt, must be commercially reasonable.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-64. - Title loan lending license.
(a) No secondhand dealer may engage in business as a title loan lender six (6) months after the
effective date of this article unless the secondhand dealer has a valid title loan lending license issued
by the city. A separate title loan lending license will be required for each physical location of the title
loan business. The city shall issue more than one (1) title loan lending license to an applicant if that
applicant complies with the requirements of this part for each such license.
(b) An application for a title loan lending license pursuant to this part must be submitted to the city on
such form as the city may prescribe. If the city determines that an application should be granted, it
shall issue such license for a period not to exceed two (2) years. A non-refundable application and
license fee of one thousand two hundred fifty dollars ($1,250.00) shall accompany an initial
application for each title loan location.
(c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A title loan lending
license that is not renewed at the end of each two-year period shall automatically become inactive.
An inactive license may be reactivated within ninety (90) days after the date it became inactive upon
the submission of a completed reactivation form and payment of a reactivation fee not exceeding two
hundred dollars ($200.00) and a biennial license fee of one thousand dollars ($1,000.00). No inactive
license may be reactivated after ninety (90) days.
(d) Each title loan lending license must specify the location for which it is issued and must be
conspicuously displayed at that location. When a licensee wishes to move a title loan office to
another location, the licensee shall give thirty (30) days prior written notice to the city by certified or
registered mail, return receipt requested, and the city shall then amend the title loan lending license
accordingly. A license issued pursuant to this part is not transferable or assignable.
(e) Books, accounts and records; maintenance and examinations by the city:
(1) Each licensee shall maintain, at the principal place of business designated on the license, all
books, accounts, records and documents necessary to determine the licensee's compliance
with this part.
(2) The city may authorize maintenance of records at a location other than a principal place of
business. The city may require books and records to be produced and available at a reasonable
and convenient location within the city.
(3) All books, accounts, records, documents and receipts for expenses paid by the licensee on
behalf of the borrower, including each contract signed by the borrower and expenses incurred
by the licensee in the event of foreclosure and property recovery, will be preserved and kept
available for examination by the city for two (2) years after the date of original entry.
(4) The city may prescribe by rule the minimum information to be shown in the books, accounts,
records and documents of licensee so that such records will enable the city to determine the
licensee's compliance with this part.
(f) Each licensee shall designate and maintain an agent in this state for service of process.
(g) A licensee must apply to the city for a new title loan lending license upon a change in ownership of
twenty-five (25) percent or more by a natural person in any title loan location or office. No application
for a title loan lending license or an application for transfer of an existing title loan lending license is
required for any change, directly, or beneficially, in the ownership of a title loan location if one (1) or
more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title
loan location or office before the change in ownership continue to hold at least seventy-five (75)
percent of the outstanding equity interest in the title loan location or office after the change in
ownership.
(h) To be eligible for title loan lending license, an applicant shall:
(1) File with the city a bond in the amount of thirty-five thousand dollars ($35,000.00) for each
license with a surety company qualified to do business in this state. In lieu of the bond, the
applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida
financial institution in the amount of the bond. The original bond, certificate of deposit, or letter
of credit shall be filed with the city and the city shall be the beneficiary of such instrument. The
bond, certificate of deposit, or letter of credit shall be in favor of the city for the use and benefit
of any consumer who is injured in the context of a title loan transaction by the fraud,
misrepresentation, breach of contract, financial failure, unfair or deceptive trade practice,
disclosure violation or violations of any provision of this part by the licensee. Such liability shall
be enforced by the filing of a suit in a court of competent jurisdiction.
(2) Not have been convicted of a felony within the last ten (10) years or be acting on behalf of a
beneficial owner who has been convicted of a felony within the last ten (10) years.
(3) Not have been convicted, and not acting on behalf of a beneficial owner who has been
convicted, of a crime that the city finds directly related to the duties and responsibilities of a title
loan lender within the past ten (10) years.
(i) The city shall determine the form of the title loan lending license.
(j) No part of this article may be construed to impair or affect the obligation of any title loan agreement
which was lawfully entered into prior to the effective date of the ordinance from which this article
derives (December 14, 1998).
(k) Licensees shall report changes in address, location or records, and any change of an executive
officer within thirty (30) days of the change.
(l) In addition to the above, an applicant must also obtain any required occupational license.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-65. - Violations and penalties.
(a) The following acts are violations of this part and shall constitute grounds for disciplinary action:
(1) Failure to comply with any provision of this part, rule adopted under this party by the city, or any
written agreement entered into with the city.
(2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction.
(3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be
stated or furnished to a consumer pursuant to this part.
(4) Willful imposition of illegal charges on any title loan transaction.
(5) False, deceptive or misleading advertising by a licensee.
(6) Failure to maintain, preserve and keep available for examination all books, accounts and other
documents required by this part, state or federal law, or by any agreement entered into with the
city.
(7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements
of this part or state or federal law.
(8) Refusal to permit inspection of books or records in an investigation or examination by the city or
refusal to comply with a subpoena issued by the city.
(9) Criminal conduct in the course of a licensee's business as a title lender.
(10) Knowingly entering into a title loan agreement with a person under the age of eighteen (18)
years.
(11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver
of any of the provisions of this part.
(12) Knowingly entering into a title loan agreement with any person who is under the influence of
drugs or alcohol when such condition is visible or apparent, or with any person using a name
other than his own or the registered name of his business.
(13) Entering into a title loan agreement in which the amount of money advanced in consideration for
the loan secured by any single certificate of title exceeds one-third ( 1/3 ) of the value of the
motor vehicle. The city shall determine the method of assessing the value of the pledged
property.
(14) Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle
repossessed pursuant to this part.
(15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower with
any and all of the title lender's liens on the property properly released within thirty (30) days of
the payment of the full amount due, unless the property has been seized or impounded by an
authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by
court order.
(16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by this
part.
(17) Engaging in business as a title lender without first securing the required license.
(18) Refusing to accept partial repayment of the amount financed when all accrued finance charges
have been paid.
(19) Charging a prepayment penalty.
(20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title
loan agreement.
(21) Acting as a title loan lender in the city six (6) months after the effective date of the ordinance
from which this article derives (December 14, 1998) without a current, active license issued by
the city pursuant to this part.
(22) In any practice or transaction or course of business relating to the making of a title loan,
negotiation, promotion, advertisement or hypothecation of a title loan transaction, directly or
indirectly:
(i) To knowingly or willingly employ any devise, scheme or article to defraud;
(ii) To engage in any transaction, practice or course of business which operates as a fraud
upon any person in connection with the purchase or sale of any title loan;
(iii) To obtain property by fraud, willful misrepresentation of a future act or false promise.
(23) In any manner within the jurisdiction of the city to knowingly and willfully falsify, conceal or cover
up by a trick, scheme or devise a material fact, make any false or fraudulent statement or
representation, or make or use any false writing or document, knowing the same to contain any
false or fraudulent statement or entry.
(24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or
device, culpable negligence, or breach of trust in any title loan transaction in the city; or aiding,
assisting or conspiring with any other person engaged in any such misconduct and in
furtherance thereof.
(b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth in
subsection (a) hereof, the city may enter an order and take one or more of the following actions:
(1) Deny the application for license pursuant to this article.
(2) Revoke or suspend a license previously granted pursuant to this part.
(3) Place a licensee or applicant for a license on probation for a period of time and subject to such
conditions as the city may specify.
(4) Issue a letter of concern or reprimand.
(5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant
to this article.
(6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for
each violation of this part.
(7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an
action successfully enforcing any fine imposed under this part.
(c) When the city has reasonable cause to believe that a licensee is operating in violation of this part, it
may bring a civil action in any court of competent jurisdiction to enforce or administer this part,
including a temporary or permanent injunction, or appointment of a receiver.
(d) The city may adopt rules which set forth with specificity acts or practices which violate this part and
which prescribe procedural rules for the administration of this part.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-66. - Transition period for regulations, restrictions and licensure provisions.
Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from
which this article derives (December 14, 1998) shall have six (6) months from the effective date of the
ordinance to comply with the regulations, restrictions and licensure provisions of this part before the city
may initiate any administrative or civil action, or refer a matter for criminal prosecution.
(Ord. No. 75-98-13, § 1, 12-14-98)
Secs. 21-67—21-74. - Reserved.
ARTICLE V. - VEHICLES FOR HIRE
Sec. 21-75. - Definitions.
Whenever used in this article, the following words and terms shall have the following meanings:
Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or
otherwise pursuant to a local business tax receipt issued as herein provided.
Vehicle for hire shall mean all motorized vehicles defined and classified in section.
Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways,
sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles.
Taximeter shall mean a mechanical or electronic device which calculates and displays a
predetermined rate and indicates the charge for hire of a taxicab and which also records and indicates a
fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or
charges.
Transport shall mean to operate or cruise over the streets of the city and its adjacent territory for the
purpose of moving passengers or goods from one (1) point to another.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-76. -Classification of vehicles for hire.
For the purpose of construing and applying the terms of this chapter all motorized vehicles which
operate over and upon the streets and driveways of the city for the transportation of person(s) for
compensation shall be classified and defined as follows:
(a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfortably transport
seven (7) or more persons, which is not used for regularly conducted amusement rides or sight -
seeing tours, and is not operated by another governmental agency.
(b) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges rather
than by taximeter calculation, with an open touring or sedan body, designed and constructed to
comfortably transport not more than six (6) persons, including the driver.
(c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed in
advance, and is a chauffeured, luxury class passenger vehicle that is built or modified for the
purpose as a limousine.
(d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons
used in regularly conducted sightseeing trips, which originate from and terminate at a single
specified point, the destination or route of which is not under the direction of the passenger or
passengers transported therein; which is not used as a means of local transportation within the
city; and which neither receives nor discharges passengers along its routes.
(e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station or
garage, the destination and route of which is under the direction of the passenger or
passengers transported therein, and fitted with a taximeter or other mechanical device by which
the charge for hire is mechanically calculated by measuring and recording either the distance
traveled with such vehicle or the waiting time or both.
(f) Van. Any vehicle recognized as either a full-size passenger van or a passenger vehicle on a
van or truck chassis. The term shall not include a cargo or panel van.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-77. - Manner of advertising
No driver of a vehicle for hire shall be permitted to advertise such business before the public under
any other name or names than the specified name or names recited in the particular business tax receipt
under which such holder is authorized to engage in the business of the transportation of person(s) for
compensation.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-78. - Printed matter appearing on a vehicle for hire, (except limousines); certain information
required; advertising regulated.
(a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both
the right and left sides and the rear of the vehicle so that the name shall be plainly visible, with
lettering at least four (4) inches in height, and made to reflect lights shined on them in the dark.
(b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered
medallion issued by the City of Jacksonville.
(c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends
below the bumper or beyond either side, and so as not to interfere in any manner with full vision
through the rear window of the vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-79. - Inspection of vehicles.
It shall be the duty of every driver to subject the vehicle to a complete and thorough inspection as
required by the City of Jacksonville. Written certification of such inspection shall be maintained in the
vehicle while operating in the City of Atlantic Beach.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-80. - Equipment and safety requirements for vehicles for hire.
All vehicles in service as vehicles for hire shall have the following equipment on each vehicle, which
equipment shall be maintained in good working condition.
(a) Front and rear lights meeting state standards and a dashboard light that will indicate when any
of the vehicle's doors are not securely closed;
(b) Adequate brakes on all wheels;
(c) Tires of the quality of original equipment as specified by the manufacturer, or better;
(d) Speedometer in good working order;
(e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and
shall be free of tears and cuts;
(f) Seatbelts for the driver and all passengers;
(g) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2.5) lbs.);
(h) Adequate heater and air conditioner;
(i) All seats in a shuttle vehicle shall be factory installed only;
(j) Except for limousines, there shall be no shades, blinds or curtains between the rear seat or
seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants or the
for-hire driver from observation or obstruct the view through the rear window.
All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally
good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire which does not comply
with the provisions of this section.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-81. - Meters required for taxicabs.
(a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a
taximeter.
(b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all
times and, after sundown, shall be illuminated by a suitable light so arranged as to throw a
continuous steady light thereon.
(c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate) vehicle.
Each vehicle shall be identified in a manner to designate its status as a metered or non-metered
vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-82. - Drivers of vehicles for hire.
Unless otherwise enumerated in this article all drivers of vehicles for hire, while operating in the City
of Atlantic Beach, will adhere to the for "For-Hire Drivers" of Duval County, as set forth in the Code of
Ordinances, City of Jacksonville, chapter 220.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-83. - Engaging in criminal activity.
Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic Beach may
result, in addition to any charges under Florida State Statute, in civil fines as contained within section 21-
85 below. These activities include, but are not limited to the following:
(a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity;
(b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-84. - Rates and charges.
(a) Schedule of rates to be posted. There shall be posted in every vehicle for which a local business tax
receipt is issued under this article, and in full view of the passengers in plain conspicuous letters, a
schedule of rates, charges and fares which shall be binding upon the operator of the vehicle and any
collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor.
(b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand from
any customer any sum of money in excess of those rates or charges posted in such vehicle.
(c) When rates not to be charged. No charge shall be made for time lost or distance traveled while a
vehicle for hire is disabled. No charge shall be made for traveling empty while en route to pick up a
passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives, in which
case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this
subpart for the distance traveled empty may be collected.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-85. - Citations authorized; penalties provided.
Violations of this chapter shall be punishable by fines as follows:
(a) First offense: (The current offense is the first offense if there have been no other citations within
the preceding twelve (12) months.) One hundred dollars ($100.00); however, if not paid within
fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150.00);
(b) Second offense; (The current offense is a second offense if there has been only one (1)
previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars
($250.00); however, if not paid within fourteen (14) calendar days, the fine increases to three
hundred dollars ($300.00);
(c) Third and subsequent offenses: (The current offense is a third or subsequent offense if there
have been two (2) or more previous citations within the preceding twelve (12) months.) Five
hundred dollars ($500.00). If not paid within fourteen (14) calendar days, then the right to
operate within the City of Atlantic Beach shall be suspended until the fine is paid or thirty (30)
days, whichever is later.
(Ord. No. 75-13-18, § 1, 7-8-13)
ARTICLE I. - IN GENERAL
[2]
Footnotes:
---(2) ---
Editor's note— Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004, amended art. I to read as herein
set out. Former art. I pertained to similar subject matter and derived from §§ 11-1, 22-2 of the 1970 Code.
Sec. 21-1. - Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic Control
Devices.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being Chapter 316,
Florida Statutes, as may be amended, which law shall be in full force and effect within the City as if fully
set forth herein, and shall be considered as part of this Chapter. Also adopted by reference and
considered as part of this Chapter is the Manual on Uniform Traffic Control Devices (MUTCD) for Streets
and Highways, as published and amended by the Federal Highway Administration.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-2. - Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any street or roadway except in
accordance with a permit issued by the city manager and such other regulations as are set forth within
this Code, which may apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-3—21-15. - Reserved.
Sec. 21-1. - Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic Control
Devices.
There is hereby adopted by reference the Florida Uniform Traffic Control Law, being Chapter 316,
Florida Statutes, as may be amended, which law shall be in full force and effect within the City as if fully
set forth herein, and shall be considered as part of this Chapter. Also adopted by reference and
considered as part of this Chapter is the Manual on Uniform Traffic Control Devices (MUTCD) for Streets
and Highways, as published and amended by the Federal Highway Administration.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-2. - Permit required for parades and processions.
No procession or parade shall occupy, march or proceed along any street or roadway except in
accordance with a permit issued by the city manager and such other regulations as are set forth within
this Code, which may apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-3—21-15. - Reserved.
ARTICLE II. - STOPPING, STANDING AND PARKING
[3]
Footnotes:
---(3) ---
Editor's note— Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. II to read as herein
set out. Former art. II pertained to similar subject matter and originated from Ord. No. 75-82-3, §§ 1—11,
adopted Apr. 12, 1982 and from §§ 11-3—11-8 of the 1970 Code. Additional amendatory history can be
found in the Code Comparative Table located at the end of this volume.
Cross reference— Off-Street Parking and Loading, § 24-161; Parking Lots, § 24-162; Storage and
Parking of Vehicles in Residential Districts, § 24-163.
State Law reference— Authority to regulate or prohibit stopping, standing or parking, F.S. §
316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945; additional parking
regulations, F.S. § 316.195.
DIVISION 1. - GENERALLY
Sec. 21-16. - Manner of parking.
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the
roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall
be within twelve (12) inches of the edge of the roadway, except as provided in the following
paragraphs:
(1) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle
shall be parked at the angles of the curb indicated by the mark or sign.
(2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading
of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise
or material may be backed into the curb to take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed
in any location on public or private property, which interferes with the safe, clear and unobstructed
sight distance of any rights-of-way intended or designated for use by pedestrians, bicycles, and
vehicles. Such obstruction shall be immediately removed by order of the police department, and if
required, charges for towing and storage, as set forth herein shall apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Similar provisions, F.S. § 316.195.
Sec. 21-17. - Prohibited in specific areas.
No person shall stop, stand or park a vehicle, in any of the following places or as restricted by the
following provisions, except when necessary to avoid conflict with other traffic, or when complying with
the directions of a police officer or an official traffic-control device.
(a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any
part of the sidewalk area;
(b) On any city right-of-way within seven (7) feet of a public driveway, or private driveway upon
complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or
devices established in the area;
(g) Along side or opposite any street excavation or obstruction when the stopping, standing or
parking could obstruct traffic, and any place where any official sign prohibits stopping or
parking, and any parking place specifically designated and marked for the disabled unless the
vehicle displays a parking permit as required by state law.
(1) A person who is chauffeuring a disabled person shall be allowed, without need for an
identification parking permit, momentary parking in the parking space for the purpose of
loading or unloading a disabled person, and no penalty shall be imposed upon the driver
for this monetary parking.
(2) A person convicted of violating these provisions regarding parking spaces designated for
disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles a s
authorized by the city, shall be parked overnight in any public park or public open space, on any
property occupied by a government use, or in any other location posted by the city to prohibit
overnight parking.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
State Law reference— Similar provisions, F.S. § 316.1945.
Sec. 21-18. - Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to
leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver
may stop temporarily during the actual loading or unloading of passengers or when necessary in
obedience to a traffic regulation or traffic sign or signal or a police officer.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-19. - Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person
shall park a vehicle in such a designated place.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-20. - Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer
than the respective times set forth in any schedule applicable thereto promulgated and adopted by the
city manager.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-21. - Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose
of:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated
by an emergency.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-22. - Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (10,000) pounds
gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor
unit or trailer unit of any tractor-trailer-type truck, upon any private property in a residential zone
except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for
loading and unloading, unless otherwise authorized by the city manager or his designee.
(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer,
equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for
the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and
unloading, unless otherwise authorized by the city manager or his designee.
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars
($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-23. - Parking in the right-of-way.
Parking in the right-of-way for short periods of time (not to exceed eight (8) hours) is permissible.
Parking in the right-of-way is not intended to be a solution for limited driveway and/or garage parking.
No person shall park in the right-of-way on the below listed streets on a regular basis at a residence,
which is defined as three (3) or more occasions in any seven-day period.
Parking on the rights-of-way, as described in the two (2) paragraphs directly above, shall be
prohibited on the following streets and roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-13-19, § 1, 10-28-13)
Editor's note— Section 1 of Ord. No. 75-13-19, adopted Oct. 28, 2013, changed the title of §
21-23 from "Parking more than seventy-two hours prohibited" to read as herein set out.
Sec. 21-24. - Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful; exception;
nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25. - Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and shall
cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage
or other place of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on the curb
prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of time longer
than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or
the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to
such an extent as to be unable to provide for its custody or removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the
vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Establishment of rotating wrecker call list, § 21-50.
Sec. 21-26. - Same—Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or place where
the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the
garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and
storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no
event shall the city or any officer; employee or department of the city be liable for the charges and costs
by reason of their enforcement of this section.
Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Charges for towing and storage, § 21-51.
Secs. 21-27—21-35. - Reserved.
DIVISION 2. - ENFORCEMENT
Sec. 21-36. - Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed uniform traffic
citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the
duty of the public safety officers to check on parking locations for indications of illegal parking and to give
the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of
the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a
citation specifying the violation with the registered owner or operator of the vehicle or by attaching the
citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by
the public safety officer, with his signature affixed thereto, at the close of each day's work, with the
records division of the public safety department.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-37. - Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
(b) Set forth substantially the nature of the offense and the number of the ordinance being violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the person cited if
delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic
Beach, finance department the applicable fine as established by section 21-38; and
(f) Shall be signed by the person issuing them.
(Ord. No. 75-04-65, § 1, 9-13-04)
Sec. 21-38. - Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of parking
violations occurring within the city:
(a) Parking in prohibited areas ..... $50.00
(b) Parking within fifteen (15) feet of fire hydrant ..... $50.00
(c) Parking double ..... $50.00
(d) Obstructing traffic ..... $50.00
(e) Obstructing driveway ..... $50.00
(f) Parking over time limit ..... $50.00
(g) Other improper parking ..... $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces ..... $250.00
(i) Parking in the right-of-way: First offense ..... $100.00
Second offense within twenty-four (24) months of first offense ..... $150.00
Third offense within twenty-four (24) months of first offense ..... $250.00
Fourth and subsequent offenses at any time ..... $500.00
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04; Ord. No. 75-13-19, § 2, 10-
28-13)
Sec. 21-39. - Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking
fine as specified on the parking citation and in accordance with the schedule of fines at any time
before a summons is issued with respect thereto, in person at his office or by mail. The voluntary
payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense
charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the
parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in the citation of
paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented
by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the time
limitations for the payment of the tickets has expired, then the vehicle may be disabled or towed
pursuant to the conditions set forth within this chapter.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-40. - Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the
director of finance in a manner as prescribed by the director of finance.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-41. - Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle
license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall
be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is
registered in the office of the appropriate agency of the state issuing the license tag.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-42—21-49. - Reserved.
DIVISION 1. - GENERALLY
Sec. 21-16. - Manner of parking.
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the
roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall
be within twelve (12) inches of the edge of the roadway, except as provided in the following
paragraphs:
(1) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle
shall be parked at the angles of the curb indicated by the mark or sign.
(2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading
of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise
or material may be backed into the curb to take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed
in any location on public or private property, which interferes with the safe, clear and unobstructed
sight distance of any rights-of-way intended or designated for use by pedestrians, bicycles, and
vehicles. Such obstruction shall be immediately removed by order of the police department, and if
required, charges for towing and storage, as set forth herein shall apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Similar provisions, F.S. § 316.195.
Sec. 21-17. - Prohibited in specific areas.
No person shall stop, stand or park a vehicle, in any of the following places or as restricted by the
following provisions, except when necessary to avoid conflict with other traffic, or when complying with
the directions of a police officer or an official traffic-control device.
(a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any
part of the sidewalk area;
(b) On any city right-of-way within seven (7) feet of a public driveway, or private driveway upon
complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or
devices established in the area;
(g) Along side or opposite any street excavation or obstruction when the stopping, standing or
parking could obstruct traffic, and any place where any official sign prohibits stopping or
parking, and any parking place specifically designated and marked for the disabled unless the
vehicle displays a parking permit as required by state law.
(1) A person who is chauffeuring a disabled person shall be allowed, without need for an
identification parking permit, momentary parking in the parking space for the purpose of
loading or unloading a disabled person, and no penalty shall be imposed upon the driver
for this monetary parking.
(2) A person convicted of violating these provisions regarding parking spaces designated for
disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as
authorized by the city, shall be parked overnight in any public park or public open space, on any
property occupied by a government use, or in any other location posted by the city to prohibit
overnight parking.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
State Law reference— Similar provisions, F.S. § 316.1945.
Sec. 21-18. - Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to
leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver
may stop temporarily during the actual loading or unloading of passengers or when necessary in
obedience to a traffic regulation or traffic sign or signal or a police officer.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-19. - Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person
shall park a vehicle in such a designated place.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-20. - Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer
than the respective times set forth in any schedule applicable thereto promulgated and adopted by the
city manager.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-21. - Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose
of:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated
by an emergency.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-22. - Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (10,000) pounds
gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor
unit or trailer unit of any tractor-trailer-type truck, upon any private property in a residential zone
except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for
loading and unloading, unless otherwise authorized by the city manager or his designee.
(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer,
equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for
the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and
unloading, unless otherwise authorized by the city manager or his designee.
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars
($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-23. - Parking in the right-of-way.
Parking in the right-of-way for short periods of time (not to exceed eight (8) hours) is permissible.
Parking in the right-of-way is not intended to be a solution for limited driveway and/or garage parking.
No person shall park in the right-of-way on the below listed streets on a regular basis at a residence,
which is defined as three (3) or more occasions in any seven-day period.
Parking on the rights-of-way, as described in the two (2) paragraphs directly above, shall be
prohibited on the following streets and roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-13-19, § 1, 10-28-13)
Editor's note— Section 1 of Ord. No. 75-13-19, adopted Oct. 28, 2013, changed the title of §
21-23 from "Parking more than seventy-two hours prohibited" to read as herein set out.
Sec. 21-24. - Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful; exception;
nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25. - Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and shall
cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage
or other place of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on the curb
prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of time longer
than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or
the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to
such an extent as to be unable to provide for its custody or removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the
vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Establishment of rotating wrecker call list, § 21-50.
Sec. 21-26. - Same—Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or place where
the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the
garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and
storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no
event shall the city or any officer; employee or department of the city be liable for the charges and costs
by reason of their enforcement of this section.
Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Charges for towing and storage, § 21-51.
Secs. 21-27—21-35. - Reserved.
Sec. 21-16. - Manner of parking.
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the edge of the
roadway in the direction of the traffic. If a curb is present, the curbed side wheels of the vehicle shall
be within twelve (12) inches of the edge of the roadway, except as provided in the following
paragraphs:
(1) Angled parking upon a street, which has been marked or signed for angle parking. The vehicle
shall be parked at the angles of the curb indicated by the mark or sign.
(2) Loading or unloading in a place where, and at hours when, stopping for the loading or unloading
of merchandise or materials is permitted. A vehicle is used for the transportation of merchandise
or material may be backed into the curb to take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently parked or placed
in any location on public or private property, which interferes with the safe, clear and unobstructed
sight distance of any rights-of-way intended or designated for use by pedestrians, bicycles, and
vehicles. Such obstruction shall be immediately removed by order of the police department, and if
required, charges for towing and storage, as set forth herein shall apply.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Similar provisions, F.S. § 316.195.
Sec. 21-17. - Prohibited in specific areas.
No person shall stop, stand or park a vehicle, in any of the following places or as restricted by the
following provisions, except when necessary to avoid conflict with other traffic, or when complying with
the directions of a police officer or an official traffic-control device.
(a) On a sidewalk or in a manner that any part of the vehicle is protruding over a sidewalk or any
part of the sidewalk area;
(b) On any city right-of-way within seven (7) feet of a public driveway, or private driveway upon
complaint;
(c) Within twenty (20) feet of an intersection;
(d) Within fifteen (15) feet of a fire hydrant;
(e) On a crosswalk;
(f) Within twenty (20) feet of a crosswalk at an intersection, unless permitted to do so by a zone or
devices established in the area;
(g) Along side or opposite any street excavation or obstruction when the stopping, standing or
parking could obstruct traffic, and any place where any official sign prohibits stopping or
parking, and any parking place specifically designated and marked for the disabled unless the
vehicle displays a parking permit as required by state law.
(1) A person who is chauffeuring a disabled person shall be allowed, without need for an
identification parking permit, momentary parking in the parking space for the purpose of
loading or unloading a disabled person, and no penalty shall be imposed upon the driver
for this monetary parking.
(2) A person convicted of violating these provisions regarding parking spaces designated for
disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(i) Overnight parking prohibited. No vehicle, boat or trailer, other than official vehicles as
authorized by the city, shall be parked overnight in any public park or public open space, on any
property occupied by a government use, or in any other location posted by the city to prohibit
overnight parking.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04)
State Law reference— Similar provisions, F.S. § 316.1945.
Sec. 21-18. - Obstructing traffic.
No person shall stop, stand or park a vehicle in a street in a manner or under such conditions as to
leave available less than ten (10) feet of a roadway for free movement of vehicular traffic, except a driver
may stop temporarily during the actual loading or unloading of passengers or when necessary in
obedience to a traffic regulation or traffic sign or signal or a police officer.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-19. - Compliance with signs prohibiting parking required.
When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person
shall park a vehicle in such a designated place.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-20. - Parking limitations.
When a sign is erected in each block giving notice thereof, no person shall park a vehicle for longer
than the respective times set forth in any schedule applicable thereto promulgated and adopted by the
city manager.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-21. - Parking for certain purposes prohibited.
No person shall stand or park a vehicle upon any roadway or right-of-way for the principal purpose
of:
(a) Displaying it for sale; or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated
by an emergency.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-22. - Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (10,000) pounds
gross vehicle weight, or any combination thereof, or any component part thereof, including the tractor
unit or trailer unit of any tractor-trailer-type truck, upon any private property in a residential zone
except for the purpose of loading and unloading. No more than four (4) hours shall be allowed for
loading and unloading, unless otherwise authorized by the city manager or his designee.
(b) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, travel trailer,
equipment trailer, boat, boat trailer or commercial vehicle upon any street or right-of-way, except for
the purpose of loading or unloading. No more than four (4) hours shall be allowed for loading and
unloading, unless otherwise authorized by the city manager or his designee.
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount of fifty dollars
($50.00) for a first offense and one hundred dollars ($100.00) for each subsequent offense.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-23. - Parking in the right-of-way.
Parking in the right-of-way for short periods of time (not to exceed eight (8) hours) is permissible.
Parking in the right-of-way is not intended to be a solution for limited driveway and/or garage parking.
No person shall park in the right-of-way on the below listed streets on a regular basis at a residence,
which is defined as three (3) or more occasions in any seven-day period.
Parking on the rights-of-way, as described in the two (2) paragraphs directly above, shall be
prohibited on the following streets and roadways:
(1) East Coast Drive.
(2) Ocean Boulevard.
(3) Sherry Drive (South).
(4) Seminole Road.
(5) Plaza Drive (except for the 300 Block).
(6) Royal Palms Drive.
(7) Sailfish Drive.
(8) Levy Road.
(9) Dutton Island Road.
(10) Donner Road.
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-13-19, § 1, 10-28-13)
Editor's note— Section 1 of Ord. No. 75-13-19, adopted Oct. 28, 2013, changed the title of §
21-23 from "Parking more than seventy-two hours prohibited" to read as herein set out.
Sec. 21-24. - Abandoned, wrecked, junked or inoperative property, etc.—Declared unlawful; exception;
nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-25. - Removing and impounding.
Members of the department of public safety of the city are hereby authorized to remove and shall
cause to be removed any vehicle from any street or alley or right-of-way within the city to a public garage
or other place of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on the curb
prohibit parking, stopping, or standing.
(c) When any vehicle is left unattended upon any street or right-of-way for a period of time longer
than seventy-two (72) hours.
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to traffic, or
the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to
such an extent as to be unable to provide for its custody or removal.
(e) When any vehicle is left unattended upon a street or alley and is so parked illegally, or the
vehicle constitutes an obstruction to normal movement of traffic.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Establishment of rotating wrecker call list, § 21-50.
Sec. 21-26. - Same—Towage and storage charges.
Any and all towage and storage charges reasonably due the operator of the garage or place where
the vehicle under provisions of this article, shall constitute a lien against the vehicle. The operator of the
garage or other place the vehicle is stored is hereby authorized to hold the vehicle until the towage and
storage costs are paid by the owner of the vehicle, or, in his behalf, the operator; provided, that in no
event shall the city or any officer; employee or department of the city be liable for the charges and costs
by reason of their enforcement of this section.
Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Charges for towing and storage, § 21-51.
Secs. 21-27—21-35. - Reserved.
DIVISION 2. - ENFORCEMENT
Sec. 21-36. - Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed uniform traffic
citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the
duty of the public safety officers to check on parking locations for indications of illegal parking and to give
the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of
the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a
citation specifying the violation with the registered owner or operator of the vehicle or by attaching the
citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by
the public safety officer, with his signature affixed thereto, at the close of each day's work, with the
records division of the public safety department.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-37. - Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
(b) Set forth substantially the nature of the offense and the number of the ordinance being violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the person cited if
delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic
Beach, finance department the applicable fine as established by section 21-38; and
(f) Shall be signed by the person issuing them.
(Ord. No. 75-04-65, § 1, 9-13-04)
Sec. 21-38. - Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of parking
violations occurring within the city:
(a) Parking in prohibited areas ..... $50.00
(b) Parking within fifteen (15) feet of fire hydrant ..... $50.00
(c) Parking double ..... $50.00
(d) Obstructing traffic ..... $50.00
(e) Obstructing driveway ..... $50.00
(f) Parking over time limit ..... $50.00
(g) Other improper parking ..... $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces ..... $250.00
(i) Parking in the right-of-way: First offense ..... $100.00
Second offense within twenty-four (24) months of first offense ..... $150.00
Third offense within twenty-four (24) months of first offense ..... $250.00
Fourth and subsequent offenses at any time ..... $500.00
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04; Ord. No. 75-13-19, § 2, 10-
28-13)
Sec. 21-39. - Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking
fine as specified on the parking citation and in accordance with the schedule of fines at any time
before a summons is issued with respect thereto, in person at his office or by mail. The voluntary
payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense
charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the
parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in the citation of
paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented
by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the time
limitations for the payment of the tickets has expired, then the vehicle may be disabled or towed
pursuant to the conditions set forth within this chapter.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-40. - Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the
director of finance in a manner as prescribed by the director of finance.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-41. - Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle
license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall
be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is
registered in the office of the appropriate agency of the state issuing the license tag.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-42—21-49. - Reserved.
Sec. 21-36. - Issuance of citations.
The director of public safety shall have exclusive control of and shall have printed uniform traffic
citations which shall be prenumbered and which shall be issued to the public safety officers. It shall be the
duty of the public safety officers to check on parking locations for indications of illegal parking and to give
the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of
the city. Notice of violation of a parking ordinance by public safety officers shall be given by leaving a
citation specifying the violation with the registered owner or operator of the vehicle or by attaching the
citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by
the public safety officer, with his signature affixed thereto, at the close of each day's work, with the
records division of the public safety department.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-37. - Form of citations.
Citations for violation of parking ordinances shall:
(a) Be in writing and in the name of the city;
(b) Set forth substantially the nature of the offense and the number of the ordinance being violated;
(c) State the date and time delivered;
(d) Specify the license tag number of the vehicle causing the violation as well as the person cited if
delivered in person;
(e) Command the owner or operator of the vehicle causing the violation to pay to the City of Atlantic
Beach, finance department the applicable fine as established by section 21-38; and
(f) Shall be signed by the person issuing them.
(Ord. No. 75-04-65, § 1, 9-13-04)
Sec. 21-38. - Schedule of fines.
There is hereby established the following schedule of fines to be assessed in cases of parking
violations occurring within the city:
(a) Parking in prohibited areas ..... $50.00
(b) Parking within fifteen (15) feet of fire hydrant ..... $50.00
(c) Parking double ..... $50.00
(d) Obstructing traffic ..... $50.00
(e) Obstructing driveway ..... $50.00
(f) Parking over time limit ..... $50.00
(g) Other improper parking ..... $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces ..... $250.00
(i) Parking in the right-of-way: First offense ..... $100.00
Second offense within twenty-four (24) months of first offense ..... $150.00
Third offense within twenty-four (24) months of first offense ..... $250.00
Fourth and subsequent offenses at any time ..... $500.00
(Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04; Ord. No. 75-13-19, § 2, 10-
28-13)
Sec. 21-39. - Payment of parking fines.
(a) The City of Atlantic Beach Finance Department is hereby authorized to accept payment of a parking
fine as specified on the parking citation and in accordance with the schedule of fines at any time
before a summons is issued with respect thereto, in person at his office or by mail. The voluntary
payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense
charged and waiver of the right to a trial for purposes of this chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the
parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in the citation of
paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented
by the director of public safety.
(d) Multiple unpaid violations. If a vehicle has three (3) or more unpaid parking tickets, and the time
limitations for the payment of the tickets has expired, then the vehicle may be disabled or towed
pursuant to the conditions set forth within this chapter.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-40. - Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the
director of finance in a manner as prescribed by the director of finance.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-41. - Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle
license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall
be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is
registered in the office of the appropriate agency of the state issuing the license tag.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-42—21-49. - Reserved.
ARTICLE III. - WRECKER SERVICE
[4]
Footnotes:
---(4) ---
Editor's note— Section 1 of Ord. No. 75-04-16, adopted Sept. 13, 2004 amended art. III to read as
herein set out. Former art. III pertained to similar subject matter and derived from Ord. No. 57-92-18, §§
1—5, adopted Apr. 13, 1992 and Res. No. 01-15, § 1, adopted July 9, 2001.
State Law reference— Removing and impounding, § 21-25; towage and storage charges, § 21-26.
Sec. 21-50. - Establishment of rotating wrecker call list.
The chief of police, subject to approval by the city manager, is hereby authorized to establish
standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing
firms, companies, or corporations licensed to conduct that business may apply for a listing by the police
department on the rotating wrecker call list.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-51. - Charges for towing and storage.
The charges for towing and otherwise removing any damaged motor vehicle from any point within
the city shall be as set forth below. Daytime shall be defined as the hours from 6:00 a.m. until 6:00 p.m.
Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and nighttime charges shall also
apply Sundays and legal holidays.
Daytime Nighttime
(a) Class A wrecker
Passenger cars and light vans $73.00 $94.00
Trucks (half-ton to two tons $73.00 $94.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $73.00 $94.00
(b) Class B wrecker: The charges for towing and otherwise removing any truck, unit or part thereof,
from more than two tons to 10 tons of weight $105.00 per hour towing charge, but in no event
less than a $100.00 charge for towing, and not more than $105.00 per hour for cleanup, extra
labor and waiting time.
(c) Class C wrecker: The charges for towing and otherwise removing any truck or unit of 10 tons or
greater weight $157.00 per hour towing charge for a truck or unit transportable as a whole, but
in no event less than $157.00 charge for such towing, or, $210.00 per hour towing charge for a
truck or other unit not transportable as a whole, but in no event less than a $100.00 charge for
such towing; and not more than $100.00 per hour for cleanup, extra labor or waiting time.
Daytime Nighttime
(d) Overturned vehicles:
Regular price plus $52.00 $52.00
(e) On Ocean:
Regular price plus (Driver and/or wrecker must enter water) $52.00 $73.00
(f) Use of dollies:
Regular price plus $52.00 $75.00
(g) The charges for storage of vehicles by wrecker service operators shall be as follows:
Storage, outside per day; $17.00.
Storage, inside per day; $21.00.
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a
partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been physically attached to
the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged.
(i) The above charges may be changed by resolution adopted by the city commissi on.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Towage and storage charges, § 21-26.
Sec. 21-52. - Wreckers to be equipped at all times.
All wreckers must be equipped at all times with amber flashing lights and all necessary working tools,
including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-53. - Liability insurance.
All wreckers shall have, maintain, and keep in full force and effect, liability insurance in amounts not
less than one hundred thousand dollars ($100,000.00) to three hundred thousand dollars ($300,000.00)
and property insurance in an amount not less than fifty thousand dollars ($50,000.00).
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-54. -Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any
such removed vehicle without the written consent signed by its owner or his duly authorized agent.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-55—21-59. - Reserved.
Sec. 21-50. - Establishment of rotating wrecker call list.
The chief of police, subject to approval by the city manager, is hereby authorized to establish
standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing
firms, companies, or corporations licensed to conduct that business may apply for a listing by the police
department on the rotating wrecker call list.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-51. - Charges for towing and storage.
The charges for towing and otherwise removing any damaged motor vehicle from any point within
the city shall be as set forth below. Daytime shall be defined as the hours from 6:00 a.m. until 6:00 p.m.
Nighttime shall be defined as the hours from 6:00 p.m. until 6:00 a.m., and nighttime charges shall also
apply Sundays and legal holidays.
Daytime Nighttime
(a) Class A wrecker
Passenger cars and light vans $73.00 $94.00
Trucks (half-ton to two tons $73.00 $94.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $73.00 $94.00
(b) Class B wrecker: The charges for towing and otherwise removing any truck, unit or part thereof,
from more than two tons to 10 tons of weight $105.00 per hour towing charge, but in no event
less than a $100.00 charge for towing, and not more than $105.00 per hour for cleanup, extra
labor and waiting time.
(c) Class C wrecker: The charges for towing and otherwise removing any truck or unit of 10 tons or
greater weight $157.00 per hour towing charge for a truck or unit transportable as a whole, but
in no event less than $157.00 charge for such towing, or, $210.00 per hour towing charge for a
truck or other unit not transportable as a whole, but in no event less than a $100.00 charge for
such towing; and not more than $100.00 per hour for cleanup, extra labor or waiting time.
Daytime Nighttime
(d) Overturned vehicles:
Regular price plus $52.00 $52.00
(e) On Ocean:
Regular price plus (Driver and/or wrecker must enter water) $52.00 $73.00
(f) Use of dollies:
Regular price plus $52.00 $75.00
(g) The charges for storage of vehicles by wrecker service operators shall be as follows:
Storage, outside per day; $17.00.
Storage, inside per day; $21.00.
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a
partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been physically attached to
the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged.
(i) The above charges may be changed by resolution adopted by the city commissi on.
(Ord. No. 75-04-16, § 1, 9-13-04)
State Law reference— Towage and storage charges, § 21-26.
Sec. 21-52. - Wreckers to be equipped at all times.
All wreckers must be equipped at all times with amber flashing lights and all necessary working tools,
including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher.
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-53. - Liability insurance.
All wreckers shall have, maintain, and keep in full force and effect, liability insurance in amounts not
less than one hundred thousand dollars ($100,000.00) to three hundred thousand dollars ($300,000.00)
and property insurance in an amount not less than fifty thousand dollars ($50,000.00).
(Ord. No. 75-04-16, § 1, 9-13-04)
Sec. 21-54. -Repairing vehicles without authorization prohibited.
It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any
such removed vehicle without the written consent signed by its owner or his duly authorized agent.
(Ord. No. 75-04-16, § 1, 9-13-04)
Secs. 21-55—21-59. - Reserved.
ARTICLE IV. - MOTOR VEHICLE TITLE LOANS
Sec. 21-60. - Definitions.
(a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees to make a
loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle
agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned
by the borrower and encumbered only by a title loan agreement.
(b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be amended
from time to time.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-61. - Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title loan
transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met:
(a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title;
(b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of
the loan;
(c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle;
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement
showing the loan amount, origination date, maturity date, finance charges, a description of the
security, the name and address of the borrower and the secondhand dealer, the rate of interest
expressed in terms of annual percentage rate, the total number of payments required, and the
total amount required to be paid over the life of the loan. In the event the borrower has a right to
renew the loan, the secondhand dealer must deliver a statement with the information required
herein for each renewal; and
(e) The title loan agreement contains the following statements printed in not less than fourteen-
point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not repay this loan in
full, including the finance charge, YOU WILL LOSE YOUR VEHICLE."
(2) "You are encouraged to repay this loan at the end of the 30 day period. The lender is not
required to extend or renew your loan. It is important that you plan your finances so that
you can repay this loan as soon as possible."
(3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE
AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE
OF 30%."
(4) "The borrower represents and warrants that the motor vehicle and the certificate of title is
not stolen, it has no liens or encumbrances against it, the borrower has the right to enter
into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for
a duplicate certificate of title while the title loan agreement is in effect, and that doing so will
be a violation of the law."
(f) Immediately above the signature of the borrower, the statement that "I, the borrower, declare
that the information I have provided is true and correct and I have read and understand the
foregoing document."
(g) A blank line for the signature of the borrower.
(h) The secondhand dealer must display, in a prominent place in the title loan premises, for
customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following
messages written in letters no less than four (4) inches high:
"IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR
THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE
CHARGES, YOU WILL LOSE YOUR VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER
SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL
PERCENTAGE RATE OF 30%."
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-62. - Maximum interest rate.
A secondhand dealer who engages in title loan transactions may not exceed the following interest
rates:
(a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5) percent
per thirty-day period the title loan agreement remains outstanding and unsatisfied. In
determining compliance with the maximum interest and finance charges, the computation must
be simple interest and not add-on interest or any other interest computation.
(b) If the title loan agreement has not been satisfied within three hundred sixty (360) days, a
secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per annum
for the time the title loan agreement remains outstanding and unsatisfied beyond three hundred
sixty (360) days.
(c) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not
exceed, the annual percentage rate that must be computed and disclosed as required by the
federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve
System. When the period for which the charge is computed is more or less than one (1) month,
the maximum rate for the period must be computed on a basis of one-thirtieth ( 1/30 ) the
applicable monthly interest rate, multiplied by the number of days of the period.
(d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange
for the advancement of funds on the condition that the borrower shall or may redeem or
repurchase the certificate of title upon the payment of a sum of money, whether the transaction
be characterized as a "buy-sell agreement", "sale-leaseback agreement", or otherwise, shall be
deemed a violation of this article if such sum exceeds the amount that a secondhand dealer
may collect in a title loan agreement under this article or if the terms of the transaction otherwise
conflict with the permitted terms and conditions of a title loan agreement under this article.
(e) Any fees or taxes paid to a state agency and directly related to an individual title loan
transaction may be collected from the borrower and shall be in addition to the permitted finance
and interest charge.
(f) No charges, including interest, in excess of the combined total of all charges permitted by this
section shall be allowed.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-63. - Transaction satisfaction and default.
(a) When the title loan has been paid in full, the secondhand dealer must deliver to the borrower a
certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within
thirty (30) days of such payment in full.
(b) A secondhand dealer who engages in title loan transactions may take possession of the motor
vehicle upon the borrower's default under the title loan agreement. Unless the borrower voluntarily
surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle
through an agent licensed by the State of Florida to repossess motor vehicles.
(c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply
with the applicable requirements of F.S. Ch. 679, Pt. V.
(d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be
made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in parts and
at any time and place and on any terms, but every aspect of the disposition, including the method,
manner, time, place and terms including surplus of the debt, must be commercially reasonable.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-64. - Title loan lending license.
(a) No secondhand dealer may engage in business as a title loan lender six (6) months after the
effective date of this article unless the secondhand dealer has a valid title loan lending license issued
by the city. A separate title loan lending license will be required for each physical location of the title
loan business. The city shall issue more than one (1) title loan lending license to an applicant if that
applicant complies with the requirements of this part for each such license.
(b) An application for a title loan lending license pursuant to this part must be submitted to the city on
such form as the city may prescribe. If the city determines that an application should be granted, it
shall issue such license for a period not to exceed two (2) years. A non-refundable application and
license fee of one thousand two hundred fifty dollars ($1,250.00) shall accompany an initial
application for each title loan location.
(c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A title loan lending
license that is not renewed at the end of each two-year period shall automatically become inactive.
An inactive license may be reactivated within ninety (90) days after the date it became inactive upon
the submission of a completed reactivation form and payment of a reactivation fee not exceeding two
hundred dollars ($200.00) and a biennial license fee of one thousand dollars ($1,000.00). No inactive
license may be reactivated after ninety (90) days.
(d) Each title loan lending license must specify the location for which it is issued and must be
conspicuously displayed at that location. When a licensee wishes to move a title loan office to
another location, the licensee shall give thirty (30) days prior written notice to the city by certified or
registered mail, return receipt requested, and the city shall then amend the title loan lending license
accordingly. A license issued pursuant to this part is not transferable or assignable.
(e) Books, accounts and records; maintenance and examinations by the city:
(1) Each licensee shall maintain, at the principal place of business designated on the license, all
books, accounts, records and documents necessary to determine the licensee's compliance
with this part.
(2) The city may authorize maintenance of records at a location other than a principal place of
business. The city may require books and records to be produced and available at a reasonable
and convenient location within the city.
(3) All books, accounts, records, documents and receipts for expenses paid by the licensee on
behalf of the borrower, including each contract signed by the borrower and expenses incurred
by the licensee in the event of foreclosure and property recovery, will be preserved and kept
available for examination by the city for two (2) years after the date of original entry.
(4) The city may prescribe by rule the minimum information to be shown in the books, accounts,
records and documents of licensee so that such records will enable the city to determine the
licensee's compliance with this part.
(f) Each licensee shall designate and maintain an agent in this state for service of process.
(g) A licensee must apply to the city for a new title loan lending license upon a change in ownership of
twenty-five (25) percent or more by a natural person in any title loan location or office. No application
for a title loan lending license or an application for transfer of an existing title loan lending license is
required for any change, directly, or beneficially, in the ownership of a title loan location if one (1) or
more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title
loan location or office before the change in ownership continue to hold at least seventy-five (75)
percent of the outstanding equity interest in the title loan location or office after the change in
ownership.
(h) To be eligible for title loan lending license, an applicant shall:
(1) File with the city a bond in the amount of thirty-five thousand dollars ($35,000.00) for each
license with a surety company qualified to do business in this state. In lieu of the bond, the
applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida
financial institution in the amount of the bond. The original bond, certificate of deposit, or letter
of credit shall be filed with the city and the city shall be the beneficiary of such instrument. The
bond, certificate of deposit, or letter of credit shall be in favor of the city for the use and benefit
of any consumer who is injured in the context of a title loan transaction by the fraud,
misrepresentation, breach of contract, financial failure, unfair or deceptive trade practice,
disclosure violation or violations of any provision of this part by the licensee. Such liability shall
be enforced by the filing of a suit in a court of competent jurisdiction.
(2) Not have been convicted of a felony within the last ten (10) years or be acting on behalf of a
beneficial owner who has been convicted of a felony within the last ten (10) years.
(3) Not have been convicted, and not acting on behalf of a beneficial owner who has been
convicted, of a crime that the city finds directly related to the duties and responsibilities of a title
loan lender within the past ten (10) years.
(i) The city shall determine the form of the title loan lending license.
(j) No part of this article may be construed to impair or affect the obligation of any title loan agreement
which was lawfully entered into prior to the effective date of the ordinance from which this article
derives (December 14, 1998).
(k) Licensees shall report changes in address, location or records, and any change of an executive
officer within thirty (30) days of the change.
(l) In addition to the above, an applicant must also obtain any required occupational license.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-65. - Violations and penalties.
(a) The following acts are violations of this part and shall constitute grounds for disciplinary action:
(1) Failure to comply with any provision of this part, rule adopted under this party by the city, or any
written agreement entered into with the city.
(2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction.
(3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be
stated or furnished to a consumer pursuant to this part.
(4) Willful imposition of illegal charges on any title loan transaction.
(5) False, deceptive or misleading advertising by a licensee.
(6) Failure to maintain, preserve and keep available for examination all books, accounts and other
documents required by this part, state or federal law, or by any agreement entered into with the
city.
(7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements
of this part or state or federal law.
(8) Refusal to permit inspection of books or records in an investigation or examination by the city or
refusal to comply with a subpoena issued by the city.
(9) Criminal conduct in the course of a licensee's business as a title lender.
(10) Knowingly entering into a title loan agreement with a person under the age of eighteen (18)
years.
(11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver
of any of the provisions of this part.
(12) Knowingly entering into a title loan agreement with any person who is under the influence of
drugs or alcohol when such condition is visible or apparent, or with any person using a name
other than his own or the registered name of his business.
(13) Entering into a title loan agreement in which the amount of money advanced in consideration for
the loan secured by any single certificate of title exceeds one-third ( 1/3 ) of the value of the
motor vehicle. The city shall determine the method of assessing the value of the pledged
property.
(14) Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle
repossessed pursuant to this part.
(15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower with
any and all of the title lender's liens on the property properly released within thirty (30) days of
the payment of the full amount due, unless the property has been seized or impounded by an
authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by
court order.
(16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by this
part.
(17) Engaging in business as a title lender without first securing the required license.
(18) Refusing to accept partial repayment of the amount financed when all accrued finance charges
have been paid.
(19) Charging a prepayment penalty.
(20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title
loan agreement.
(21) Acting as a title loan lender in the city six (6) months after the effective date of the ordinance
from which this article derives (December 14, 1998) without a current, active license issued by
the city pursuant to this part.
(22) In any practice or transaction or course of business relating to the making of a title loan,
negotiation, promotion, advertisement or hypothecation of a title loan transaction, directly or
indirectly:
(i) To knowingly or willingly employ any devise, scheme or article to defraud;
(ii) To engage in any transaction, practice or course of business which operates as a fraud
upon any person in connection with the purchase or sale of any title loan;
(iii) To obtain property by fraud, willful misrepresentation of a future act or false promise.
(23) In any manner within the jurisdiction of the city to knowingly and willfully falsify, conceal or cover
up by a trick, scheme or devise a material fact, make any false or fraudulent statement or
representation, or make or use any false writing or document, knowing the same to contain any
false or fraudulent statement or entry.
(24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or
device, culpable negligence, or breach of trust in any title loan transaction in the city; or aiding,
assisting or conspiring with any other person engaged in any such misconduct and in
furtherance thereof.
(b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth in
subsection (a) hereof, the city may enter an order and take one or more of the following actions:
(1) Deny the application for license pursuant to this article.
(2) Revoke or suspend a license previously granted pursuant to this part.
(3) Place a licensee or applicant for a license on probation for a period of time and subject to such
conditions as the city may specify.
(4) Issue a letter of concern or reprimand.
(5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant
to this article.
(6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for
each violation of this part.
(7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an
action successfully enforcing any fine imposed under this part.
(c) When the city has reasonable cause to believe that a licensee is operating in violation of this part, it
may bring a civil action in any court of competent jurisdiction to enforce or administer this part,
including a temporary or permanent injunction, or appointment of a receiver.
(d) The city may adopt rules which set forth with specificity acts or practices which violate this part and
which prescribe procedural rules for the administration of this part.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-66. - Transition period for regulations, restrictions and licensure provisions.
Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from
which this article derives (December 14, 1998) shall have six (6) months from the effective date of the
ordinance to comply with the regulations, restrictions and licensure provisions of this part before the city
may initiate any administrative or civil action, or refer a matter for criminal prosecution.
(Ord. No. 75-98-13, § 1, 12-14-98)
Secs. 21-67—21-74. - Reserved.
Sec. 21-60. - Definitions.
(a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees to make a
loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle
agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned
by the borrower and encumbered only by a title loan agreement.
(b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be amended
from time to time.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-61. - Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title loan
transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met:
(a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title;
(b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of
the loan;
(c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle;
(d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement
showing the loan amount, origination date, maturity date, finance charges, a description of the
security, the name and address of the borrower and the secondhand dealer, the rate of interest
expressed in terms of annual percentage rate, the total number of payments required, and the
total amount required to be paid over the life of the loan. In the event the borrower has a right to
renew the loan, the secondhand dealer must deliver a statement with the information required
herein for each renewal; and
(e) The title loan agreement contains the following statements printed in not less than fourteen-
point type:
(1) "Your vehicle has been pledged as security for this loan and if you do not repay this loan in
full, including the finance charge, YOU WILL LOSE YOUR VEHICLE."
(2) "You are encouraged to repay this loan at the end of the 30 day period. The lender is not
required to extend or renew your loan. It is important that you plan your finances so that
you can repay this loan as soon as possible."
(3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE
AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE
OF 30%."
(4) "The borrower represents and warrants that the motor vehicle and the certificate of title is
not stolen, it has no liens or encumbrances against it, the borrower has the right to enter
into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for
a duplicate certificate of title while the title loan agreement is in effect, and that doing so will
be a violation of the law."
(f) Immediately above the signature of the borrower, the statement that "I, the borrower, declare
that the information I have provided is true and correct and I have read and understand the
foregoing document."
(g) A blank line for the signature of the borrower.
(h) The secondhand dealer must display, in a prominent place in the title loan premises, for
customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following
messages written in letters no less than four (4) inches high:
"IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR
THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE
CHARGES, YOU WILL LOSE YOUR VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER
SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL
PERCENTAGE RATE OF 30%."
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-62. - Maximum interest rate.
A secondhand dealer who engages in title loan transactions may not exceed the following interest
rates:
(a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5) percent
per thirty-day period the title loan agreement remains outstanding and unsatisfied. In
determining compliance with the maximum interest and finance charges, the computation must
be simple interest and not add-on interest or any other interest computation.
(b) If the title loan agreement has not been satisfied within three hundred sixty (360) days, a
secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per annum
for the time the title loan agreement remains outstanding and unsatisfied beyond three hundred
sixty (360) days.
(c) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not
exceed, the annual percentage rate that must be computed and disclosed as required by the
federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve
System. When the period for which the charge is computed is more or less than one (1) month,
the maximum rate for the period must be computed on a basis of one-thirtieth ( 1/30 ) the
applicable monthly interest rate, multiplied by the number of days of the period.
(d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange
for the advancement of funds on the condition that the borrower shall or may redeem or
repurchase the certificate of title upon the payment of a sum of money, whether the transaction
be characterized as a "buy-sell agreement", "sale-leaseback agreement", or otherwise, shall be
deemed a violation of this article if such sum exceeds the amount that a secondhand dealer
may collect in a title loan agreement under this article or if the terms of the transaction otherwise
conflict with the permitted terms and conditions of a title loan agreement under this article.
(e) Any fees or taxes paid to a state agency and directly related to an individual title loan
transaction may be collected from the borrower and shall be in addition to the permitted finance
and interest charge.
(f) No charges, including interest, in excess of the combined total of all charges permitted by this
section shall be allowed.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-63. - Transaction satisfaction and default.
(a) When the title loan has been paid in full, the secondhand dealer must deliver to the borrower a
certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within
thirty (30) days of such payment in full.
(b) A secondhand dealer who engages in title loan transactions may take possession of the motor
vehicle upon the borrower's default under the title loan agreement. Unless the borrower voluntarily
surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle
through an agent licensed by the State of Florida to repossess motor vehicles.
(c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply
with the applicable requirements of F.S. Ch. 679, Pt. V.
(d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be
made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in parts and
at any time and place and on any terms, but every aspect of the disposition, including the method,
manner, time, place and terms including surplus of the debt, must be commercially reasonable.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-64. - Title loan lending license.
(a) No secondhand dealer may engage in business as a title loan lender six (6) months after the
effective date of this article unless the secondhand dealer has a valid title loan lending license issued
by the city. A separate title loan lending license will be required for each physical location of the title
loan business. The city shall issue more than one (1) title loan lending license to an applicant if that
applicant complies with the requirements of this part for each such license.
(b) An application for a title loan lending license pursuant to this part must be submitted to the city on
such form as the city may prescribe. If the city determines that an application should be granted, it
shall issue such license for a period not to exceed two (2) years. A non-refundable application and
license fee of one thousand two hundred fifty dollars ($1,250.00) shall accompany an initial
application for each title loan location.
(c) The city shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A title loan lending
license that is not renewed at the end of each two-year period shall automatically become inactive.
An inactive license may be reactivated within ninety (90) days after the date it became inactive upon
the submission of a completed reactivation form and payment of a reactivation fee not exceeding two
hundred dollars ($200.00) and a biennial license fee of one thousand dollars ($1,000.00). No inactive
license may be reactivated after ninety (90) days.
(d) Each title loan lending license must specify the location for which it is issued and must be
conspicuously displayed at that location. When a licensee wishes to move a title loan office to
another location, the licensee shall give thirty (30) days prior written notice to the city by certified or
registered mail, return receipt requested, and the city shall then amend the title loan lending license
accordingly. A license issued pursuant to this part is not transferable or assignable.
(e) Books, accounts and records; maintenance and examinations by the city:
(1) Each licensee shall maintain, at the principal place of business designated on the license, all
books, accounts, records and documents necessary to determine the licensee's compliance
with this part.
(2) The city may authorize maintenance of records at a location other than a principal place of
business. The city may require books and records to be produced and available at a reasonable
and convenient location within the city.
(3) All books, accounts, records, documents and receipts for expenses paid by the licensee on
behalf of the borrower, including each contract signed by the borrower and expenses incurred
by the licensee in the event of foreclosure and property recovery, will be preserved and kept
available for examination by the city for two (2) years after the date of original entry.
(4) The city may prescribe by rule the minimum information to be shown in the books, accounts,
records and documents of licensee so that such records will enable the city to determine the
licensee's compliance with this part.
(f) Each licensee shall designate and maintain an agent in this state for service of process.
(g) A licensee must apply to the city for a new title loan lending license upon a change in ownership of
twenty-five (25) percent or more by a natural person in any title loan location or office. No application
for a title loan lending license or an application for transfer of an existing title loan lending license is
required for any change, directly, or beneficially, in the ownership of a title loan location if one (1) or
more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title
loan location or office before the change in ownership continue to hold at least seventy-five (75)
percent of the outstanding equity interest in the title loan location or office after the change in
ownership.
(h) To be eligible for title loan lending license, an applicant shall:
(1) File with the city a bond in the amount of thirty-five thousand dollars ($35,000.00) for each
license with a surety company qualified to do business in this state. In lieu of the bond, the
applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida
financial institution in the amount of the bond. The original bond, certificate of deposit, or letter
of credit shall be filed with the city and the city shall be the beneficiary of such instrument. The
bond, certificate of deposit, or letter of credit shall be in favor of the city for the use and benefit
of any consumer who is injured in the context of a title loan transaction by the fraud,
misrepresentation, breach of contract, financial failure, unfair or deceptive trade practice,
disclosure violation or violations of any provision of this part by the licensee. Such liability shall
be enforced by the filing of a suit in a court of competent jurisdiction.
(2) Not have been convicted of a felony within the last ten (10) years or be acting on behalf of a
beneficial owner who has been convicted of a felony within the last ten (10) years.
(3) Not have been convicted, and not acting on behalf of a beneficial owner who has been
convicted, of a crime that the city finds directly related to the duties and responsibilities of a title
loan lender within the past ten (10) years.
(i) The city shall determine the form of the title loan lending license.
(j) No part of this article may be construed to impair or affect the obligation of any title loan agreement
which was lawfully entered into prior to the effective date of the ordinance from which this article
derives (December 14, 1998).
(k) Licensees shall report changes in address, location or records, and any change of an executive
officer within thirty (30) days of the change.
(l) In addition to the above, an applicant must also obtain any required occupational license.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-65. - Violations and penalties.
(a) The following acts are violations of this part and shall constitute grounds for disciplinary action:
(1) Failure to comply with any provision of this part, rule adopted under this party by the city, or any
written agreement entered into with the city.
(2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction.
(3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be
stated or furnished to a consumer pursuant to this part.
(4) Willful imposition of illegal charges on any title loan transaction.
(5) False, deceptive or misleading advertising by a licensee.
(6) Failure to maintain, preserve and keep available for examination all books, accounts and other
documents required by this part, state or federal law, or by any agreement entered into with the
city.
(7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements
of this part or state or federal law.
(8) Refusal to permit inspection of books or records in an investigation or examination by the city or
refusal to comply with a subpoena issued by the city.
(9) Criminal conduct in the course of a licensee's business as a title lender.
(10) Knowingly entering into a title loan agreement with a person under the age of eighteen (18)
years.
(11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver
of any of the provisions of this part.
(12) Knowingly entering into a title loan agreement with any person who is under the influence of
drugs or alcohol when such condition is visible or apparent, or with any person using a name
other than his own or the registered name of his business.
(13) Entering into a title loan agreement in which the amount of money advanced in consideration for
the loan secured by any single certificate of title exceeds one-third ( 1/3 ) of the value of the
motor vehicle. The city shall determine the method of assessing the value of the pledged
property.
(14) Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle
repossessed pursuant to this part.
(15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower with
any and all of the title lender's liens on the property properly released within thirty (30) days of
the payment of the full amount due, unless the property has been seized or impounded by an
authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by
court order.
(16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by this
part.
(17) Engaging in business as a title lender without first securing the required license.
(18) Refusing to accept partial repayment of the amount financed when all accrued finance charges
have been paid.
(19) Charging a prepayment penalty.
(20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title
loan agreement.
(21) Acting as a title loan lender in the city six (6) months after the effective date of the ordinance
from which this article derives (December 14, 1998) without a current, active license issued by
the city pursuant to this part.
(22) In any practice or transaction or course of business relating to the making of a title loan,
negotiation, promotion, advertisement or hypothecation of a title loan transaction, directly or
indirectly:
(i) To knowingly or willingly employ any devise, scheme or article to defraud;
(ii) To engage in any transaction, practice or course of business which operates as a fraud
upon any person in connection with the purchase or sale of any title loan;
(iii) To obtain property by fraud, willful misrepresentation of a future act or false promise.
(23) In any manner within the jurisdiction of the city to knowingly and willfully falsify, conceal or cover
up by a trick, scheme or devise a material fact, make any false or fraudulent statement or
representation, or make or use any false writing or document, knowing the same to contain any
false or fraudulent statement or entry.
(24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or
device, culpable negligence, or breach of trust in any title loan transaction in the city; or aiding,
assisting or conspiring with any other person engaged in any such misconduct and in
furtherance thereof.
(b) Upon a finding by the city that the licensee or applicant has committed any of the acts set forth in
subsection (a) hereof, the city may enter an order and take one or more of the following actions:
(1) Deny the application for license pursuant to this article.
(2) Revoke or suspend a license previously granted pursuant to this part.
(3) Place a licensee or applicant for a license on probation for a period of time and subject to such
conditions as the city may specify.
(4) Issue a letter of concern or reprimand.
(5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant
to this article.
(6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for
each violation of this part.
(7) The city shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an
action successfully enforcing any fine imposed under this part.
(c) When the city has reasonable cause to believe that a licensee is operating in violation of this part, it
may bring a civil action in any court of competent jurisdiction to enforce or administer this part,
including a temporary or permanent injunction, or appointment of a receiver.
(d) The city may adopt rules which set forth with specificity acts or practices which violate this part and
which prescribe procedural rules for the administration of this part.
(Ord. No. 75-98-13, § 1, 12-14-98)
Sec. 21-66. - Transition period for regulations, restrictions and licensure provisions.
Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from
which this article derives (December 14, 1998) shall have six (6) months from the effective date of the
ordinance to comply with the regulations, restrictions and licensure provisions of this part before the city
may initiate any administrative or civil action, or refer a matter for criminal prosecution.
(Ord. No. 75-98-13, § 1, 12-14-98)
Secs. 21-67—21-74. - Reserved.
ARTICLE V. - VEHICLES FOR HIRE
Sec. 21-75. - Definitions.
Whenever used in this article, the following words and terms shall have the following meanings:
Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or
otherwise pursuant to a local business tax receipt issued as herein provided.
Vehicle for hire shall mean all motorized vehicles defined and classified in section.
Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways,
sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles.
Taximeter shall mean a mechanical or electronic device which calculates and displays a
predetermined rate and indicates the charge for hire of a taxicab and which also records and indicates a
fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or
charges.
Transport shall mean to operate or cruise over the streets of the city and its adjacent territory for the
purpose of moving passengers or goods from one (1) point to another.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-76. - Classification of vehicles for hire.
For the purpose of construing and applying the terms of this chapter all motorized vehicles which
operate over and upon the streets and driveways of the city for the transportation of person(s) for
compensation shall be classified and defined as follows:
(a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfortably transport
seven (7) or more persons, which is not used for regularly conducted amusement rides or sight -
seeing tours, and is not operated by another governmental agency.
(b) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges rather
than by taximeter calculation, with an open touring or sedan body, designed and constructed to
comfortably transport not more than six (6) persons, including the driver.
(c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed in
advance, and is a chauffeured, luxury class passenger vehicle that is built or modified for the
purpose as a limousine.
(d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons
used in regularly conducted sightseeing trips, which originate from and terminate at a single
specified point, the destination or route of which is not under the direction of the passenger or
passengers transported therein; which is not used as a means of local transportation within the
city; and which neither receives nor discharges passengers along its routes.
(e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station or
garage, the destination and route of which is under the direction of the passenger or
passengers transported therein, and fitted with a taximeter or other mechanical device by which
the charge for hire is mechanically calculated by measuring and recording either the distance
traveled with such vehicle or the waiting time or both.
(f) Van. Any vehicle recognized as either a full-size passenger van or a passenger vehicle on a
van or truck chassis. The term shall not include a cargo or panel van.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-77. - Manner of advertising
No driver of a vehicle for hire shall be permitted to advertise such business before the public under
any other name or names than the specified name or names recited in the particular business tax receipt
under which such holder is authorized to engage in the business of the transportation of person(s) for
compensation.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-78. - Printed matter appearing on a vehicle for hire, (except limousines); certain information
required; advertising regulated.
(a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both
the right and left sides and the rear of the vehicle so that the name shall be plainly visible, with
lettering at least four (4) inches in height, and made to reflect lights shined on them in the dark.
(b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered
medallion issued by the City of Jacksonville.
(c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends
below the bumper or beyond either side, and so as not to interfere in any manner with full vision
through the rear window of the vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-79. - Inspection of vehicles.
It shall be the duty of every driver to subject the vehicle to a complete and thorough inspection as
required by the City of Jacksonville. Written certification of such inspection shall be maintained in the
vehicle while operating in the City of Atlantic Beach.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-80. - Equipment and safety requirements for vehicles for hire.
All vehicles in service as vehicles for hire shall have the following equipment on each vehicle, which
equipment shall be maintained in good working condition.
(a) Front and rear lights meeting state standards and a dashboard light that will indicate when an y
of the vehicle's doors are not securely closed;
(b) Adequate brakes on all wheels;
(c) Tires of the quality of original equipment as specified by the manufacturer, or better;
(d) Speedometer in good working order;
(e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and
shall be free of tears and cuts;
(f) Seatbelts for the driver and all passengers;
(g) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2.5) lbs.);
(h) Adequate heater and air conditioner;
(i) All seats in a shuttle vehicle shall be factory installed only;
(j) Except for limousines, there shall be no shades, blinds or curtains between the rear seat or
seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants or the
for-hire driver from observation or obstruct the view through the rear window.
All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally
good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire which does not comply
with the provisions of this section.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-81. - Meters required for taxicabs.
(a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a
taximeter.
(b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all
times and, after sundown, shall be illuminated by a suitable light so arranged as to throw a
continuous steady light thereon.
(c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate) vehicle.
Each vehicle shall be identified in a manner to designate its status as a metered or non-metered
vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-82. - Drivers of vehicles for hire.
Unless otherwise enumerated in this article all drivers of vehicles for hire, while operating in the City
of Atlantic Beach, will adhere to the for "For-Hire Drivers" of Duval County, as set forth in the Code of
Ordinances, City of Jacksonville, chapter 220.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-83. - Engaging in criminal activity.
Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic Beach may
result, in addition to any charges under Florida State Statute, in civil fines as contained within section 21 -
85 below. These activities include, but are not limited to the following:
(a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity;
(b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-84. - Rates and charges.
(a) Schedule of rates to be posted. There shall be posted in every vehicle for which a local business tax
receipt is issued under this article, and in full view of the passengers in plain conspicuous letters, a
schedule of rates, charges and fares which shall be binding upon the operator of the vehicle and any
collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor.
(b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand from
any customer any sum of money in excess of those rates or charges posted in such vehicle.
(c) When rates not to be charged. No charge shall be made for time lost or distance traveled while a
vehicle for hire is disabled. No charge shall be made for traveling empty while en route to pick up a
passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives, in which
case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this
subpart for the distance traveled empty may be collected.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-85. - Citations authorized; penalties provided.
Violations of this chapter shall be punishable by fines as follows:
(a) First offense: (The current offense is the first offense if there have been no other citations within
the preceding twelve (12) months.) One hundred dollars ($100.00); however, if not paid within
fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150.00);
(b) Second offense; (The current offense is a second offense if there has been only one (1)
previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars
($250.00); however, if not paid within fourteen (14) calendar days, the fine increases to three
hundred dollars ($300.00);
(c) Third and subsequent offenses: (The current offense is a third or subsequent offense if there
have been two (2) or more previous citations within the preceding twelve (12) months.) Five
hundred dollars ($500.00). If not paid within fourteen (14) calendar days, then the right to
operate within the City of Atlantic Beach shall be suspended until the fine is paid or thirty (30)
days, whichever is later.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-75. - Definitions.
Whenever used in this article, the following words and terms shall have the following meanings:
Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or
otherwise pursuant to a local business tax receipt issued as herein provided.
Vehicle for hire shall mean all motorized vehicles defined and classified in section.
Street shall mean and include all public streets, avenues, boulevards, alleys, lanes, highways,
sidewalks, public parks, parking roads, and other public places laid out for the use of vehicles.
Taximeter shall mean a mechanical or electronic device which calculates and displays a
predetermined rate and indicates the charge for hire of a taxicab and which also records and indicates a
fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or
charges.
Transport shall mean to operate or cruise over the streets of the city and its adjacent territory for the
purpose of moving passengers or goods from one (1) point to another.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-76. - Classification of vehicles for hire.
For the purpose of construing and applying the terms of this chapter all motorized vehicles which
operate over and upon the streets and driveways of the city for the transportation of person(s) for
compensation shall be classified and defined as follows:
(a) Bus. Any bus, omnibus or other vehicle designed and constructed to comfortably transport
seven (7) or more persons, which is not used for regularly conducted amusement rides or sight -
seeing tours, and is not operated by another governmental agency.
(b) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges rather
than by taximeter calculation, with an open touring or sedan body, designed and constructed to
comfortably transport not more than six (6) persons, including the driver.
(c) Limousine. A vehicle for hire only by prearrangement at a rate charged per hour, or fixed in
advance, and is a chauffeured, luxury class passenger vehicle that is built or modified for the
purpose as a limousine.
(d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons
used in regularly conducted sightseeing trips, which originate from and terminate at a single
specified point, the destination or route of which is not under the direction of the passenger o r
passengers transported therein; which is not used as a means of local transportation within the
city; and which neither receives nor discharges passengers along its routes.
(e) Taxicabs. Any vehicle which is rented from a stand in the street or from a private station or
garage, the destination and route of which is under the direction of the passenger or
passengers transported therein, and fitted with a taximeter or other mechanical device by which
the charge for hire is mechanically calculated by measuring and recording either the distance
traveled with such vehicle or the waiting time or both.
(f) Van. Any vehicle recognized as either a full-size passenger van or a passenger vehicle on a
van or truck chassis. The term shall not include a cargo or panel van.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-77. - Manner of advertising
No driver of a vehicle for hire shall be permitted to advertise such business before the public under
any other name or names than the specified name or names recited in the particular business tax receipt
under which such holder is authorized to engage in the business of the transportation of person(s) for
compensation.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-78. - Printed matter appearing on a vehicle for hire, (except limousines); certain information
required; advertising regulated.
(a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both
the right and left sides and the rear of the vehicle so that the name shall be plainly visible, with
lettering at least four (4) inches in height, and made to reflect lights shined on them in the dark.
(b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered
medallion issued by the City of Jacksonville.
(c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends
below the bumper or beyond either side, and so as not to interfere in any manner with full vision
through the rear window of the vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-79. - Inspection of vehicles.
It shall be the duty of every driver to subject the vehicle to a complete and thorough inspection as
required by the City of Jacksonville. Written certification of such inspection shall be maintained in the
vehicle while operating in the City of Atlantic Beach.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-80. - Equipment and safety requirements for vehicles for hire.
All vehicles in service as vehicles for hire shall have the following equipment on each vehicle, which
equipment shall be maintained in good working condition.
(a) Front and rear lights meeting state standards and a dashboard light that will indicate when any
of the vehicle's doors are not securely closed;
(b) Adequate brakes on all wheels;
(c) Tires of the quality of original equipment as specified by the manufacturer, or better;
(d) Speedometer in good working order;
(e) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and
shall be free of tears and cuts;
(f) Seatbelts for the driver and all passengers;
(g) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2.5) lbs.);
(h) Adequate heater and air conditioner;
(i) All seats in a shuttle vehicle shall be factory installed only;
(j) Except for limousines, there shall be no shades, blinds or curtains between the rear seat or
seats and the driver's seat, nor shall any shades, blinds or curtains shield the occupants or the
for-hire driver from observation or obstruct the view through the rear window.
All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally
good appearance. It shall be unlawful to operate any vehicle as a vehicle for hire which does not comply
with the provisions of this section.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-81. - Meters required for taxicabs.
(a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a
taximeter.
(b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all
times and, after sundown, shall be illuminated by a suitable light so arranged as to throw a
continuous steady light thereon.
(c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate) vehicle.
Each vehicle shall be identified in a manner to designate its status as a metered or non-metered
vehicle.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-82. - Drivers of vehicles for hire.
Unless otherwise enumerated in this article all drivers of vehicles for hire, while operating in the City
of Atlantic Beach, will adhere to the for "For-Hire Drivers" of Duval County, as set forth in the Code of
Ordinances, City of Jacksonville, chapter 220.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-83. - Engaging in criminal activity.
Engaging in criminal activity while operating a vehicle for hire within the City of Atlantic Beach may
result, in addition to any charges under Florida State Statute, in civil fines as contained within section 21 -
85 below. These activities include, but are not limited to the following:
(a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity;
(b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-84. - Rates and charges.
(a) Schedule of rates to be posted. There shall be posted in every vehicle for which a local business tax
receipt is issued under this article, and in full view of the passengers in plain conspicuous letters, a
schedule of rates, charges and fares which shall be binding upon the operator of the vehicle and any
collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor.
(b) Charging rates in excess of posted rates. No driver of a vehicle for hire shall charge or demand fro m
any customer any sum of money in excess of those rates or charges posted in such vehicle.
(c) When rates not to be charged. No charge shall be made for time lost or distance traveled while a
vehicle for hire is disabled. No charge shall be made for traveling empty while en route to pick up a
passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives, in which
case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this
subpart for the distance traveled empty may be collected.
(Ord. No. 75-13-18, § 1, 7-8-13)
Sec. 21-85. - Citations authorized; penalties provided.
Violations of this chapter shall be punishable by fines as follows:
(a) First offense: (The current offense is the first offense if there have been no other citations within
the preceding twelve (12) months.) One hundred dollars ($100.00); however, if not paid within
fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150.00);
(b) Second offense; (The current offense is a second offense if there has been only one (1)
previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars
($250.00); however, if not paid within fourteen (14) calendar days, the fine increases to three
hundred dollars ($300.00);
(c) Third and subsequent offenses: (The current offense is a third or subsequent offense if there
have been two (2) or more previous citations within the preceding twelve (12) months.) Five
hundred dollars ($500.00). If not paid within fourteen (14) calendar days, then the right to
operate within the City of Atlantic Beach shall be suspended until the fine is paid or thirty (30)
days, whichever is later.
(Ord. No. 75-13-18, § 1, 7-8-13)