Ordinance No. 65-20-40ORDINANCE NO. 65-20-40
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES,
STREETS, SIDEWALK AND OTHER PUBLIC PLACES, BY AMENDING
SECTION 19-1, CONSTRUCTION WITHIN AND/OR USE OF RIGHT-
OF-WAY, TO PROHIBIT PERMANENT BASKETBALL GOALS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, this Ordinance promotes the public health, safety and general welfare by
regulating the placement of permanent basketball goals; and
WHEREAS, the City Commission of the City of Atlantic Beach has determined that it is
necessary to amend Chapter 19 to allow temporary/portable basketball goals in the right-of-way;
and
WHEREAS, this Ordinance accommodates the use of the right -way; and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA that:
SECTION 1. Chapter 19 -1, Construction within and/or use of right-of-way, of the Code of
Ordinances of the City of Atlantic Beach, Florida is hereby amended as follows:
Sec. 19-1. - Construction within and/or use of city rights-of-way.
a) Except as expressly set forth below in article II of this chapter regulating utilities, and in
article III of this chapter regulating communication services, the provisions in this article I
shall apply to any construction within and/or use of city rights-of-way.
b) The following terms and phrases shall have the meanings given herein for purposes of this
chapter 19. Words not otherwise defined shall be construed to mean the common and
ordinary meaning.
Construction means any use of, activity, placement, replacement, repair or installation
performed by any person or entity other than the city within the boundaries of any city right-of-
way, including, but not limited to, curb cuts; driveways; excavation activities; installation of
pavers, poles, conduits, wires, cables, fencing, signage and sidewalks; structures or other
improvements or fixtures; and landscaping activities. The term does not include pedestrian,
bicyclist or vehicular use of the rights-of-way.
Rights-of-way or public rights-of-way means land in which the city owns the fee or has an
easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a
transportation facility, as that term is defined in F.S. § 334.03(21), and may lawfully grant access
pursuant to applicable law and includes the surface, airspace over the surface and the area below
the surface of such rights-of-way. "Public rights-of-way" shall not include (a) county, state or
federal rights-of-way, (b) property owned by any person other than the city, (c) service entrances
or driveways leading from the road or street onto adjacent property, or (d) except as described
above, any real or personal property of the city, such as, but not limited to, city parks, buildings,
fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements,
regardless of whether they are situated in the public rights-of-way.
c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity
shall undertake any use of or any type of construction within city rights-of-way, including
without limitation, the following:
1) Installation of mailboxes other than units prescribed by U.S. Postal Service Standards
and Florida Department of Transportation Parking and Traffic Design Standards.
2) Decorative walls.
Retaining walls.
Buildings or structures of any kind.
Barriers or obstructions of any kind.
Skateboard ramps.
86) Permanent R recreational structures of any kind, - -
except no recreational structures whether permanent or temporary on streets listed in
Section 21-17 of the Code of Ordinances.
97) Fences.
4-98) Swimming pools.
449) Parking spaces or lots.
10) Landscaping of any kind, except sod, which is permitted provided the adjoining
landowner maintains the sod.
4411) Any other improvement, object or item requiring a permanent foundation or which
cannot be removed readily.
4-412) Any improvement, object or item designed and intended for personal or private
use and not for public use.
4-513-) Security lights and street lights.
4414) Any work, construction activity or item which creates an obstruction, whether
permanent or temporary, to the free and complete use of the right-of-way.
47 15) Driveways, new, modified or replaced (see section 19-7).
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
ordinance are repealed to the extent inconsistent herewith.
Ordinance No. 65-20-40 Page 2 of 3
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this ''' day of Palm bir , 2019.
PASSED by the City Commission on second and final reading this
27M
day of
rte u r , 2020-1-9.
Attest:
01414 _ cddi'2
Donna L. Bartle, City Clerk
Approved as to ffoorm and correctness:
U
a M. e City Attorney
CITY OF TLANTIC BEACH
y C.
Ell
Ordinance No. 65-20-40 Page 3 of 3
asser, Mayor