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Pages Replaced by Supplement #52TABLE CFCONTENTS Page Officials oC the Village ....................................... tii P^e`ace'''''''``'''''''''`'````''`'''''''''.'..,.'.......... v Adopting Ordinance ,,.. . . . . .. . . .. .''.. . . .. . . . . ... . ... . . . . . . . vii Readopting Ordinance ....................................... xj Checklist of Pagma.......,........................ [1] PART CHARTER Churter........................,,..,.,..........'....,,...,. 1 Art. l Corporate Name .................. ............ 3 Art. I.A. Vision Statozuaot........................... 3 Art IL Territorial Boundaries ...'.......'........... S Art III Legislative ......,..................,,...... I0.5 Art I{ Administrative ,..................,.......... lG Azt V. Qualifications and Elections ........... . . . .... 17 Div. 2. Rules of Procedure ....................... BART II CODE OF ORDINANCES Chapter 2. Administration ........,.......'.......,,....'........... 133 JA�± T Iu{�a�orul................................... l�5 Art IL O0000Q..................................... 137 Din l. Generally .....''....... .............. . . . 137 Div. 2. Rules of Procedure ....................... 188 J&ct III Code.........,,'.'.....,... 138.1 Din L Generally .....'......................... 1381 Div. 3. Audit Committee ........................ 138 Din 3. Department of Finunuo................... 140 Din 4. Department nf Records ................... 140.1 Din Gi Department of Public Safety .............. 141 Div. G. Department of Public Works .............. 142 Div. 7. Department of Library ................... 142 Div. 8. Department oy Country Club ............. 142 Din 9. Department nyRecreation .'.............. 142 Div. 10. Department of Community Ik*valuyzueot. 148 Supp. No. 51 xi NORTH PAIAI BEACH CODE Chapter Page Art V Pensions and Retirement Systems ............ 144 Div. l Generally . . ..... .. ... .. . . . . . . . . .. . .. . . . . 144 Div. 2. Social Security .......................,.. 144 Div. @. Pension and Certain Other Benefits for Gen- eral Employees .......................... 145 Div. 4. Pension and Certain Other Benefits for Fir and Police Employees .................... I52.5 Din 5. Length nf Service Award Plan for Volootear Firefighters ,,........................... 161 Div, 6. ICMAI]efinad Contribution Pension T9um.. 163 Art. VI. Code Enforcement .......................... 168 Art. VII. Alternate Method of Code Enforcement ...... 169 8. Alcoholic Beverages ...................................... 211 4. Animals and Fowl ...,.,..,.,.....'',.,. ......''... .... .. 263 Art. I. Iu General ................................... 265 Art II. Dogs and Cats . . ..... .. . . . . . . . .. '... . . . . . . . . 266 5. Boats, I}uoka and Waterways ........................... . . 819 Art l lo General ................................... 321 /\rL IL Boat Launching Area ........................ 326 Art. III Construction Requirements ......'.......... 826 Din 1. Generally ........'.........,...... .. .. .. 326 Div. 2. Cuoa2o.................................. 336 Div. 3. Bulkheads and Seawalls .................. 827 Div. 4. Docks and Piers .'... . . . . . . . . . . .. . , , . , , , . 328 Div. 5. Erosion Control Structures ............. , . 838 Art. D{ Marine Sanctuaries ......................... 388 6. Buildings and Building Regulations ....................... 881 Art. l Iu General ..... .............................. 383 Art. IL DQjoizuzm Construction Standards ............ 383 Art III Appearance Code ........................... 384 Din l Generally . ... ..''''. ..... ............... 384 Div. 2. Reserved........''...................... 898.3 Div. 3. Qedifiom±e of Appropriateness ............ 398.3 Art. IV. Reserved ..... .............................. 398.5 Art. V. Signs and Outdoor Displays ............., . . .. 398.5 Art VI. Energy Efficiency Building Code ............. 808.19 =,— �, -.,`=,�. -. .------4D8-- Art. I Im General ..... .............................. 455 & Ezuasgoony MauaQamoot..........''........''........... 507 Art I IuGeeznruL.................................. 500 Art. IL Civil Disorders and Disturbances ......... ... 510 Supp. No. xz zii TABLE OF CONTE, NTS—Cont'd. Chapter Page 9. Country Club ................. ........................... SSA Art I Iu General ......... ,............... .......... 561 Art II. Golf Advisory Board ......... ................ 562 Art III Iinancoa................................... 563 10. E]eutiuua.................................. _ .......... 615 Art L In[eoezol ......................... _........ 617 Art I[ Reserved .......................''.......... 618 Art III f6auezvmJ........'.............,.,.,......,. 618 Art D\ Polling Loouduna ........................... 618 11. Electricity .................... .............. ''.......... 671 Art I. Iu General ................................... 673 Art, IL Electrical Code.. . . .. ....... ........ .. .. . . . . . 673 11.5. Emergency Service ............................ ........ 695 Art. I. Io General ............................ ....... 897 Art IL Emergency Medical Services ................. 607 12. Fire Prevention and Protection ........................'. 723 Art. I. Iu General ........... .......... ..... ..... .... 726 Art [[ Florida Fire Prevention Code, ................ 725 Art IIl Fire Division ............................... 726 Din 1. Generally ............................... 726 Din 2. Personnel ............................... 727 Div. 3. Eqnipounnt.............................. 727 Div. dL Remervod.............,.....,,........... 728 Art. IV. Recovery u[Costs for Cleanup, Abatement and Removal uf Hazardous Substances ........... 988 12.5 Flood Damage Prevention ................. .'........... 777 Art I. In General ..................... .............. 779 Art O. Administration ...... ....... ................. 703 Art. ITI Provisions for Flood Hazard Reduction .... ... 786 13. Reserved ................................. .............. 839 14. Health and Sanitation . .............. .... ........ . . . . . .. 889 Art I. lnGeneru].... ...... ... ............... ....... OAI Art [[ Garbage' Trash and Refuse . . . ,,,,...... . .. .. 891 Din 1. Generally ............................... 831 Din 2. Garbage Collection and Disposal .......... 891 Din 3. Reserved................................ 838 Art. III I&eaerred................................... 894 Art. IV. Abatement of Public Nuisances mz Private Prop- acty........................................ 894 1EIl000ioA .....'.'....................................... 946 Art. I. IuGeuxeral................................... 947 Art. II. Abandoned Real Property ....... ............. 349 lG. Library .......... ... ... ................. ............... 997 Supp. No. 50 xiii NORTH PALM BEACH CODE Chapter Page 17. Licenses and Miscellaneous Business Regulations ......... 1061 Art 1. In General .................................. 1053 Art IL Local Business Tax ,...... ................... 1057 Art III, Businesses Located Outside Village Limits ... 1080.4 Art. IV. Raoezved................................... 1063 Art V. AozbzJou000................................. 1062 Art. VI. Qacmgo and Other Sales ..................... 1063 17.5 Reserved ........ ................ ....... ............... 1121 18. Motor Vehicles and 1!tu1fio .....'........................ 1I71 Art. l In General .................................. 1173 Art I[ Operation of Vehicles QaooruDy ........... . .. 1173 Art III. Stopping, Standing and Parking ......... . . . . I175 19. Offenses and Miscellaneous Provisions ............... .... 1225 1rt l lu General ................................... 1227 Art II. Sexual Offenders and Sexual Predators ....... 1228 Art III Offenses Against Property ................... 12281 Art. DJ Offenses Against Public Morals .............. 1538.1 Art. V. Offenses Against Public Peace ..... '......... . 1229 Art. \/I Noise Control ....... . . . . ..., .,,... . . . . . . ... 1229 Art. \rDL R000rvod.................................. 1285 Art VIII Weapons ................................. 1336 Art IX. Water Shortage Emergencies ................ 1236 Art. X. fDarzum . . . . . . . . . . . ..' .''. . . . . . . .. ..' .. . . . . . . 1238 20. Parks, Playgrounds and Recreation ...................... 1289 Art I Iu General ......................... '......... 1291 Art. IL Meetings and Gatherings . . ......'....... . .. . 1292 Din l. Generally .......................,....... 1292 Div. 1 Poroit......................,,'......... 1292 21 Planning and Development ................. ............. 1343 Art I In General ... . ... ............ 1346 Art IL Planning Commission ....................... 1347 Art III Board uf Adjustment ........................ I348 Art D( Cwncorrenmy Management ................... 1350 Art V. SturonvatarMouugemaut .................... 1383 Art. l/[ Archaeological Site Protection Regulations ... 1368.1 22. Reserved ..................................... ��........ 14II 23. Police. .. ....... .............. .............. ........... . 1468 Art. 1. Iu General. ......................... ......... 1465 Art. I[ Daoervo6 ..........................'..'..... 1465 Art III Reserve Force. ............................. 1465 24. Streets, Sidewalks and Public Places ..................... 1517 Supp. No. 50 xiv Chapter Page Art IT. Exouvutiouo......................''......... 1518 Dix 1. Qonmxdly .... ......................... 1519 Div. 2. Perxoit.....,.....................,...... 1520 /Lct III. Sidewalks and Driveways ................... 1520 Div. l. Generally ............................... 1520 85. 8p6nzouin4g Pnn] ........................................ 1573 Art. I. In General ................................... I575 Art. IL Reserved ...........'....................... 1575 Art. III Reserved ...................... ............. 1576 28 Tmxatbxn.....................................'......... 1627 Art I. Ju General ................................... 1620 Art. IL Insurance Excise Taxes .......... .......... .. 1829 Art III. Utility Tax ................................. 1829 Art. D{ Telecommunications Service Tax ............. 1680 27. Trees and Shrubbery . .... . . .......... . . . ................ 1681 Art. I. Io General ................................... 1683 Art I[ Trees in Swale Areas ..... . . .. ........ . . . .... 1683 Art 111. LaculauapiuQ ...'....... . .... ............... 1684 Dix l GozmroUy ......... . ..........'...... .... 1604 Div. 2. Beaerved................................ 1688 Din 3. Requirements for Certain Yard Armaa, Off- Street Parking and Other Vehicular Use Areas.......... ......................... 1606 28. Use of for Utilities ........................ 1789 39. Telecommunications ..........'......................... 1781 Appendices A. Appearance Plan ................. .......... ............ 2043 B. 8nb6lvluinze ............ .......... ... . . ........ .. . . . . . .. 2353 Art I. Iu General .......... ......................... 2355 Art. II. Procedures for Subdivision Plat Approval ..... 2358 Art. III. Design Standards .......................... 2365 Art. 8I Required Improvements .........,,.......... 2388.1 Art. V. Enforcement Provisions . . ..... ....... . . . . . ... 2372 Art. VI. Amendments .................. '............ 2378 C. Zoning ........................'...........'............. 2479 Art. I. In General ........ ''......................... 2480.I Art. [[ Ge«ueraUy.....'..'.'........................ 2484 z&ct III District Regulations ........................ 2488.6 Arta. D(\7 Reservo6................................ 2515 Art VI. Waiting Periods ......... 2515 Art. VII. Uses of Land and Structures. 2516 Gupn»o. 50 zv NOWrH PALM BEACH CODE Page Statutory Reference Table ....................... ............. 2810 Code Comparative Table-1970 0o6o .. . . . ............... .. .. . 2869 Code Comparative Table—Laws of Florida ... . ........ . . . ..... 2873 Code Comparative ........................ 2875 CharterIndex ............................................... 2933 Code Index ................................................. 2035 SUPP. No. 50 xvi Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 1 15,16 33 iii 1 16.1 33 V, vi 0C 17,18 25 vii, viii 0C 19 25 ix 0C 65 49 xJ' X.ii 1 77 0C X.iii 1 79,80 0C xi, xii 51 81,82 25 xii, xiv 50 83 25 xv, xvi 50 133 48 SH:l 51 134.1, 134.2 34 1 0 r_ �o.:t tj -L113 A.0 I'D A A 1) , — azi 3,4 25 134.5, 134.6 39 5,6 25 135,136 39 7,8 25 137,138 39 9,10 29 138.1, 138.2 33 10.1, 10.2 49 138.3 30 10.3, 10.4 49 139,140 34 10.5, 10.6 49 140.1, 1402 28 11,12 25 141,142 33 13,14 25 143,144 51 Ill Supp. No. 51 Page No. 144.1 145,146 147,148 149,150 151,152 152.1, 152.2 152.3, 152.4 152.5, 152.6 153,154 155,156 157,158 158.1 159,160 161,162 162.1, 162.2 162.3, 162.4 163,164 165,166 167,168 169,170 211 213,214 263 265,266 267,268 269 319 321,322 323,324 325,326 326.1 327,328 329,330 331,332 332.1 333,334 335 381 Sapp. No. 51 NORTH PALM BEACH CODE Supp. No. 51 47 47 47 47 47 47 47 46 46 50 50 46 46 46 46 48 48 48 48 oc 19 oc oc 48 48 29 46 46 46 46 27 51 51 51 45 45 23 [21 Page No. 383,384 385 398.3, 398.4 398.5, 398.6 398.6.1 398.7, 398.8 398.9, 398.10 398.11, 398.12 398.13, 398.14 398.14.1 398.15, 398.16 398.17, 398.18 398.19 399,400 401,402 403 453 455,456 507 509,510 511 559 561,562 563 615 617,618 671 673 695 697 723 725,726 727,728 729 777 779,780 781,782 783,784 Cupp. upp. No. 33 24 7 45 45 40 46 50 50 50 40 50 50 oc oc oc oc 22 22 33 22 36 40 40 36 36 2 24 13 13 24 44 5 5 oc oc oc oc CHECKLIST OF UP -TO -DATE PAGES Page No. Supp. No. Page No. Supp. No. 785,786 OC 1235, 1236 30 787,788 OC 1236.1 30 789 OC 1237, 1238 16 839 OC 1239, 1240 33 889 39 1241,1242 33 891,892 40 1289 3 893,894 50 1291, 1292 OC 895 50 1293, 1294 29 945 41 1295 29 947,948 49 1343 4 948.1 49 1345, 1346 45 949,950 41 1347, 1348 45 951 41 1349,1350 45 997 OC 1350.1, 1350.2 45 999, 1000 22 1351, 1352 33 1051 92 JC, 1350 IOMA 1J J, .LJJ':E 33 1053, 1054 31 1355, 1356 33 1054.1, 1054.2 31 1356.1 33 1054.3, 1054.4 31 1357,1358 OC 1055, 1056 36 1359, 1360 33 1057, 1058 33 1361, 1362 33 1059, 1060 33 1363, 1364 33 1060.1, 1060.2 43 1365,1366 33 1060.3, 1060.4 43 1366.1, 1366.2 33 1060.5 43 1366.3, 1366.4 33 1061, 1062 8 1367 5 1063, 1064 8 1411 OC 1121 OC 1463 OC 1171 OC 1465, 1466 OC 1173, 1174 28 1517 OC 1175, 1176 36 1519, 1520 OC 1177 36 1521,1522 47 1225 31 1523 47 1227,1228 37 1573 24 1228.1 37 1575, 1576 29 1229, 1230 21 1627 9 1231, 1232 21 1629, 1630 27 1233, 1234 33 1631 27 [31 Supp. No. 51 NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 1681 oc 2377,2378 33 1683,1684 33 2379 33 1684.1, 1684.2 24 2479 9 1685,1686 oc 2480.1, 2480.2 50 1687,1688 17 2481,2482 50 1689,1690 17 2483,2484 50 1739 14 2485 50 1741,1742 21 2486.1, 2486.2 41 1781 21 2486.3, 2486.4 41 1783,1784 21 2486.5, 2486.6 41 1785,1786 33 2486.7, 2486.8 41 1787,1788 33 2486.9, 2486.10 41 1788.1 33 2487,2488 no, 1789,1790 21 2488.1, 2488.2 18 1791,1792 21 2489,2490 18 1793,1794 21 2491,2492 18 1795,1796 21 2493,2494 18 2043 oc 2495,2496 18 2045, 2046 33 2497,2498 32 2046.1 25 2499,2500 JJ 32 2047, 2048 oc 2500.1 32 2049, 2050 oc 2501,2502 25 2051, 2052 oc 2503,2504 28 2053 oc 2504.1, 2504.2 29 2353 oc 2504.3 28 2355,2356 oc 2505,2506 10 2357,2358 33 2507,2508 13 2359,2360 33 2509,2510 51 2361,2362 33 2510.1, 2510.2 51 2363,2364 33 2510.2.1 45 2364.1 33 2510.3, 2510.4 25, Add. 2365,2366 oc 2510.5, 2510.6 25, Add. 2367,2368 37 2510.7, 2510.8 50 2368.1 37 2510.8.1 50 2369,2370 oc 2510.9, 2510.10 25, Add. 2371,2372 oc 2510.11, 2510.12 25, Add. 2373,2374 33 -- 2510.13,_2510.14 25, Add. 2375,2376 33 2510.15, 2510.16 25, Add. [41 Supp. No. 51 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2510.17, 2510.18 25, Add. 2875,2876 Oc 2510.19, 2510.20 25, Add. 2877,2878 Oc 2510.21, 2510.22 25, Add. 2879,2880 Oc 2510.23, 2510.24 51 2881,2882 14 2510.25, 2510.26 25, Add. 2883,2884 14 2510.27, 2510.28 25, Add. 2885,2886 19 2510.29, 2510.30 25, Add. 2887,2888 25, Add. 2510.31, 2510.32 25, Add. 2889,2890 33 2510.33, 2510.34 25, Add. 2891,2892 51 2510.35, 2510.36 51 2893 51 2510.37, 2510.38 25, Add. 2933,2934 25 2510.39, 2510.40 25, Add. 2935,2936 48 2510.41, 2510.42 25, Add. 2937,2938 48 2510.43, 2510.44 25, Add. 2939,2940 48 2510.45, 2510.46 25, Add. 2941,2942 48 Qr,-In A17 n AR 251 A -1 -1 25, OQAQ OQAA 48 2510.49, 2510.50 25, Add. 2945,2946 48 2510.51, 2510.52 25, Add. 2947,2948 48 2510.53, 2510.54 25, Add. 2948.1 48 2510.55, 2510.56 25, Add. 2949,2950 47 2510.57, 2510.58 51 2951,2952 48 2511,2512 49 2953,2954 48 2512.1, 25122 49 2955,2956 51 2512.3, 2512.4 49 2957,2958 36 2512.5, 2512.6 50 2959,2960 45 2512.7, 2512.8 51 2512.9, 2512.10 51 2512.11, 2512.12 51 2512.13 51 2513,2514 Oc 2515,2516 45 2516.1 45 2517,2518 22 2619 48 2819,2820 50 2869,2870 Oc 2871 Oc 2873 Oc [51 Supp. No. 51 Supplement History Table The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omits." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the code's historical evolution. Orc: Na. _dapted` Oros 1 Sapp No 2010 -18 10 -28 -10 Include 49 20i0 -2i 11 -18 -10 Include 49 2011 -01 1 -27 -11 Include 50 2011 -02 2 -10 -11 Include 50 2011 -03 2 -10 -11 Include 50 2011 -04 2 -10 -11 Include 50 2011 -05 4 -14 -11 Include 51 2011 -06 4 -14 -11 Include 51 2011 -07 4 -14 -11 Omit 51 2011 -08 5 -12 -11 Omit 51 2011 -09 5 -26 -11 Include 51 2011 -10 5 -26 -11 Include 51 2011 -11 6 -23 -11 Include 51 2011 -12 6 -23 -11 Omit 51 2011 -13 7 -14 -11 Omit 51 2011 -14 7 -14 -11 Include 51 supp. No. 51 SH:1 GENERAL PROVISIONS to revive such former ordinance, clause or provi- sion of this Code, unless it shall be expressly so provided. The repeal of an ordinance, clause or section of this Code shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance, clause or section of this Code repealed. (Code 1970, § 1-5) See. 1-5. Severability of parts. If any phrase, clause, sentence, paragraph, section or subsection of this Code shall be de- clared unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections or subsections of this Code. (Code 1970, § 1-6) L, Sec. 1-6. Amendments to Code. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered consecutively, but shall refer specifi- cally to the section or subsection affected, and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsec- tion or any portion thereof, such repealed portions shall be excluded from said Code by omission from reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are readopted as a new code by the village council. (b) Amendments to any of the provisions of this Code shall be made by amending such provi- sions by specific reference to the section number of this Code in the following language: "That Section of the Village of North Palm Beach Code is hereby amended to read as follows: . . . . " The new provisions shall then be set out in full. Supp. No. 25 81 § 1-8 (c) In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Village of North Palm Beach Code is hereby amended by adding a new section to be numbered Section which said Section shall read as follows: The new section shall then be set out in full. (d) All sections, articles, chapters or provisions desired to be repealed shall be specifically re- pealed by section, article or chapter number in the following language: "That Section (Chapter or Article) of the Village of North Palm Beach Code is hereby repealed." (Code 1970, § 1-7) Sec. 1-7. Altering Code. No person in the village shall change or amend, by additions or deletions, any part or portion of this Code, or insert or delete pages, or portions thereof, or alter or tamper with such Code in any manner whatsoever which will cause the law of the village to be misrepresented thereby. (Code 1970, § 1-8) Sec. 1-8. General penalty; continuing viola- tions. (a) Whenever in this Code any act is prohib- ited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, the violation of any such provision of this Code shall be punished by a fine not exceed- ing five hundred dollars ($500.00) or imprison- ment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. (b) Each day a violation of any provision of this Code shall continue shall constitute a separate offense, and each act in violation of the provisions of this Code shall be considered a separate and distinct offense. (c) In addition to the penalties herein pro- vided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be § 1-8 NORTH PALM BEACH CODE abated by the village, as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. (d) Zoning, buildings, etc.: (1) The village council shall provide for the enforcement of a zoning ordinance en- acted pursuant to this part. Each day such offense continues after written no- tice shall be deemed a separate offense. (2) In case any building or structure is erected, constructed, reconstructed, altered, re- paired or maintained or any building, structure, land or water is used in viola- tion of this Code or any ordinance or other regulation made under authority con- ferred hereby, the proper 'local authori- ties, in addition to other remedies, may institute any appropriate action or pro- ceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, re- pair, conversion, maintenance or use, and to restrain, correct or abate such viola- tion, to prevent the occupancy of such building, structure, land or water, and to prevent any illegal act, conduct of busi- ness, or use in or about such premises. (Code 1970, § 1-9; Ord. No. 1-77, § 1, 1-13-77; Ord. No. 4-86, § 5, 4-24-86; Ord. No. 35-2000, § 1, 11-9-00) Sec. 1-9. Assessment of additional court costs for criminal justice education ex- penditures. (a) The county court shall assess the addi- tional sum of two dollars ($2.00) pursuant to Florida Statute section 943.25 (13) as a court cost against every person convicted for violation of an ordinance of the village and violation of a state penal or criminal statute within the incorporated limits of the — Villageo—fR®rt—hPalm Beach and bond estreature and forfeited bail bond related thereto. There shall not be an assessment as to an ordinance relating to the parking of vehicles. (b) All court costs assessed and collected pur- suant to this section shall be utilized for criminal justice education degree programs and training courses, including basic recruit training, for law Supp. No. 25 82 enforcement officers and support personnel, pro- vided such education degree programs and train- ing courses are approved by the public safety director of the village. Workshops, meetings, con- ferences, and conventions shall be individually approved by the public safety director of the village prior to attendance. (Ord. No. 8-81, § 1, 8-27-81; Ord. No. 21-94, § 1, 10-27-94) Cross references—Offenses, Ch. 19; police, Ch. 23. See. 1-10. Village logo. (a) Description of logo. The official logo of the Village of North Palm Beach, consists of a ship's wheel showing eight handles, equally spaced around the outside; the uppermost handle posi- tioned at twelve o'clock. The words "The Village of North Palm Beach" are emblazoned on the side of the wheel and the date "1956" is emblazoned on the hub. When depicted in two-dimensional me- dia, a rope encircles the ship's wheel. A reason- able facsimile of the logo is attached as Exhibit "A". (b) Adoption of logo. The logo described and depicted in paragraph (a) is hereby adopted as the official logo of the Village of North Palm Beach, Florida, a municipal corporation organized and existing in accordance with the laws of the State of Florida. (c) Unlawful practices and penalties. Any fac- simile or reproduction of this logo shall only be manufactured, used, displayed, or otherwise em- ployed for official Village of North Palm Beach business or upon the written approval of the Village Council of the Village of North Palm Beach, Florida. The village council may grant approval for the use of the logo upon application by any person showing good cause for proper civic purpose. The village council may adopt reason- uul-e-ru-I-es-for-th-e-m-a-nufactuT&-or-use-of-thi-s-logo- or any facsimile or reproduction thereof. Any person violating the provision of this ordinance shall be guilty of a misdemeanor and punished as provided by law. (d) Registration with Secretary of [the] State of Florida. The village logo shall be registered with the Secretary of [the] State of Florida as a "service Chapter 2 4113175"WWW"".1 9 Art. 1. In General, §§ 2-1-2.15 Art. 11. Council, §§ 2-16-2.38 Div. 1. Generally, §§ 2-16-2-25 Div. 2. Rules of Procedure, §§ 2-26-2-38 Art. III. Administrative Code, §§ 2-39-2-114 Div. 1. Generally, §§ 2-39-2-50 Div. 2. Audit Committee, §§ 2-51-2-58 Div. 3. Department of Finance, §§ 2-59-2-66 Div. 4. Department of Records, §§ 2-67-2-74 Div. 5. Department of Public Safety, §§ 2-75-2-83 Div. 6. Department of Public Works, §§ 2-84-2-92 Div. 7. Department of Library, §§ 2-93-2-101 Div. 8. Department of Country Club, §§ 2-102-2-109 Div. 9. Department of Recreation, § 2-110 Div. 10, Department of Community Development, §§ 2- 111 ----2- 114 Art. IV. Manager, §§ 2-115-2-128 Art. V. Pensions and Retirement Systems, §§ 2-129-2-170.11 J)jv. 1. af..nt.-rn ]v 88 Div. 2. Social Security, §§ 2-136-2-145 Div. 3, Pension and Certain Other Benefits for General Employ- ees, §§ 2-1462 -158 Div. 4. Pension and Certain Other Benefits for Fire and Police Employee.-,, §§ 2-159-2-170 Div. 5. Length of Service Award Plan for Volunteer Firefighters, §§ 2-170.01-2-170.11 Div. 6. ICMA Defined Contribution Pension Plan, §§ 2- 170.12 -- 2- 170.15 Art. VI. Code Enforcement, H 2-171-2-250 Art. VII. Alternate Method of Code Enforcement, H 2-251-2-256 *Charter reference—Administrative provisions generally, Art. IV. Cross referenees—Rabies control, § 4-42 et seq.; elections, Ch. 10; fire division, § 12-29 et seq.; library board, § 16-16 et seq.; impersonation of village officers, § 19-14; enforcement procedures for noise regulations, § 19-117; local planning agency designated, § 21-12; taxation, Ch. 26; appearance plan, App. A; subdivision regulations, App. B; zoning, regulations, App. C. Sapp. No. 48 133 ADMIN.I,S1`RNPION (2) Invocation; (3) Pledge of allegiance; (4) Awards and recognition; (5) Approval of minutes; (6) Council business matters: a. Statements from the public, peti- tions and communications; b. Declaration of ex parte communica- tions; C. Public hearings and quasi-judicial natters: d. Consent agenda; e. Other village business natters; f. Council and administration matters; 1. Mayor and council matters/ reports; 2. Village manager matters/re- ports; (7) Reports (special committees and advisory boards); (8) Adjournment. (Code 1970, § 2 -1.7; Ord. No. 6 -74, § 1; Ord. No. 22 -96, § 1, 6- 13 -96; Ord. No. 14 -98, § 1, 6- 25 -98; Ord. No. 03 -2005, § 1, 2- 10 -05) Sec. 2 -27. Parliamentary rules. The presiding officer, when the council is in session, shall enforce parliamentary rules for its goverrunent so far as they are applicable to such legislative body. (Code 1970, § 2 -19) Sees. 2- 28--- 2-38. Reserve a. $upp. No. 33 138.1 2 -41 ARTICLE III. ADMINISTRATIVE CODE DIVISION L GENERALLY See. 2 -39. Definition. As used in this article, unless the context otherwise requires: Chief administrator or adininistrcator is the village manager. (Code 1970, § 2 -31) See, 2 -40. Departmental organization. (a) The administrative service of the village shall be divided under the administrator into the following departments and. heads thereof: (1) Department of finance, director of fi- nance. (2) Department of public safety, director of public safety. (3) Department of public works, director of public works. (4) Department of community development, director of community development. (5) Department of recreation, director of rec- reation. {6} Department of library, librarian. (7) Department of country club, country club administrator. (b) in addition, there shall be a department of records headed by the village clerk under the village council, which department shall be coordi- nated into the administrative service and cooper- ate with the administrator so as to coordinate the entire administrative service of the village. (Code 1970, § 2 -32; Ord.. No. 1-75, § 4, 4-10 -75; Ord. No. 44 -97, § 1, 10 -9 -97; Ord. No, 30- 2001, § 2, 10- 11 -01; Ord. No. 2006 -24, § 2-A, 11 -9 -06) Cross references- - Country club, Ch. 9; library, Ch_ 16; parks, playgrounds and recreation, Ch. 20; police, Ch. 23; streets, sidewalks and public places, Ch. 24. Sec. 2 -41. Oaths of office. (a) Persons regUired to take oath of office. Each of the following officers and employees in the administrative service shall be required to take § 2-41 NOWPH PALM BEACH CODE an oath of office before entering upon the dis- charge of his duties, which oath shall be sub- scribed by the person taking it and shall be filed and preserved in the office of the village clerk: (1) Officers. The village manager and each department head. (2) Public safety officers. Every member of the department of*public safety (including any private, special, temporary or substi- tute policemen which the village might find it necessary to appoint). (b) Form, of oath for the chief administrator and officers. The following shall be the form of oath for the chief administrator and officers: State of Florida County of Palm Beach ss. Village of North Palm Beach 1, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Vil- lage of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as — during my continu- ance therein; that I am not directly or indi- rectly pecuniarily interested in any public ser- vice corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. Subscribed and sworn to before me this day of , 19--. W Forin of oath for members of department of public safety. The following shall be the form of oath for the members of the department of public safety: State of Florida County of Palm Beach ss. Village of North Palm Beach I, , do solemnly swear that T will support the Constitution of the United States, the Constitution of the State of Florida and the Charter and Code of the Vil- Supp. No. 33 138.2 lage of North Palm Beach; and that I will, to the best of my ability, faithfully perform the duties of the office of Public Safety Officer during my continuance therein, so help me God. Subscribed and sworn to before me this — day of —) 19--. Notary Public (Code 1970, § 2-33) Sec. 2-42. Bonds required of certain offic- ers. The following named -village officials shall each, before entering upon the duties of their respective offices, give a good and sufficient surety company bond to the village, duly approved by the village attorney, and conditioned upon the faithful per- formance and discharge of their respective d uties, and for the proper application and payment of all money or property coming into their hands by virtue of their offices in the following amounts: (1) Village manager, two hundred thousand dollars ($200,000.00). (2) Finance director, two hundred thousand dollars ($200,000.00). (3) Village clerk, ten thousand dollars ($10,000.00). (4) Village tax collector, two hundred thou- sand dollars ($200,000.00). (5) Country club manager or country club administrator, two hundred thousand dol- lars ($200,000.00). (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96; Ord. No. 30-2001, § 3, 10-11-01) Sec. 2.43. Policy and procedures. (a) Officers. Each officer shall perform all du- ties required of his office by state law, the charter, the Code of the village, and such other duties not in conflict therewith as may be required by the -village manager. ADMINISTRATION § 2 -33 DIVISION 5. DEPARTMENT OF PUBLIC (5) Traffic. Plan. and conduct the control of SAFETY* traffic, the traffic educational program, the school patrols, the coordination of See. 2 -75. Director's duties. traffic accident prosecution. The director of public safety shall direct the police and fire work of the village, be responsible for the enforcement and maintenance of law and order and shall: (1) Make assignments. Assign officers to their duties. (2) Designate instructor: Designate a compe- tent officer of the department to act as instructor. Such officer shall conduct such schools as the director shall order. (Code 1970, § 2 -39) Sec. 2 -76. Divisions. (a) Generally. The department of public safety shall be divided into the following divisions: Po- lice and fire. (b) Police. The police division shall have the following duties: (1) Records. Provide and maintain: a. The central complaint desk and dis- patching police records; b. Cri.ininal and noncriminal identifica- tion; C. The identification of property; d. The custody of property; and e. The operation of detention centers. (2) Patrol. Provide and maintain motor and foot patrol units, and make routine inves- tigations. (3) Investigation. Conduct the investigation of crimes and prepare evidence for the prosecution of criminal cases. (6) Radio. To operate and maintain radio equipment. (c) Fire. The fire division shall be charged. with the prevention of fires and the protection of life and property against fire and shall: (1) Report losses. Report all fare losses to the village manager. (2) 11aintain equipment.. Be responsible for the ruaitite[iance and care of ail property and equipment used by the department. (3) Fire figli Ling. Be responsible for the extin- guishment of fires, the saving of life and property from fire, and the performance of` various miscellaneous public services of an emergency nature. (4) Fire prevention. Be responsible for the inspection of potential fire hazards, the abatement of existing fire hazards and the conducting of an educational fire pre- vention proms am. (5 Emergency medical services. Provide emer- gency medical and trauma treatment and emergency transportation in and for the village. (Code 1970, § 2 -39; Ord. No. '21 -200 3, § 1, 9- 22 -05) (4) Crime prevention. Make plans and proce- dures for the prevention and control of juvenile delinquency, handle cases in which Secs. 2- 77 -2 -53. reserved. women are involved, remove crime haz- ards and coordinate community agencies interested in crime prevention. *Cross references- --Fire preverition €end protection, Ch. 12; provisions o i fire division, § 12 -29 et seq.; police. Ch. 23. Supp. No. 33 141 § 2 -84 NOIYPH PALM BEACH CODE DIVISION 6. DEPARTMENT OF PUBLIC WORDS' Sec. 284. Director's duties. The director of public works shall be responsi- ble for all matters relating to construction, man- agement, maintenance and operation of the phys- ical properties of the village. (Code 1970, § 2 -40; Ord. No. 2006 -23, § 2, 11 -9 -06) Cross reference— Director of public works to erect signs at public park and recreation facility entrances, § 20 -1(6). Sec. 2 -85. Divisions. The department of public works shall be man- aged under the director of public works using the following divisions: (1) Division of facility and fleet maintenance, which shall repair and maintain all vil- lage owned buildings, irrigation systems, street and ballfield lights, electrical, me- chanical and pltnnbing systems, perform custodial services, and maintain and pro- vide for village use of all automotive equip- ment owned by the village. The division's duties responsibilities, as described herein, shall not include the North Papal beach Cotuatry Club. (2) Refuse disposal division, which shall col- lect, transport and dispose of all Fgarbage, vegetation, recycled materials and rub- bish. (3) Street maintenance division, which shall maintain street, swale and village facility vegetation (excluding parks) and provide for adequate stormwater drainage on all streets, sidewalks and bridges. (Code 1970, § 2 -40; Ord. No. 24- 2001, §§ 1, 2, 8 -9 -01; Ord. No. 22 -2000, § 1, 8- 30 -05; Ord. No. 2006 -23, § 2, 11 -9 -06) Secs. 2- 86- -2 -92. Reserved. served, DIVISION 7. DEPARTMENT OF LIBRARYt Sec. 2 -93. Librarian The department of library shall be supervised by the village librarian, who shall operate and maintain the free public library. (Code 1970, § 2 -41) Secs, 2- 94- 2- 101. Reserved. DIVISION 8. DEPARTMENT OF COUNTRY CLUB: Secs, 2 -102, 2 -103. Reserved. Editor's note—Former §§ 2 -102 and 2 -103 were deleted as being superseded by the provisions of Ord. No. :39 -90, adopted Nov. 19, 1990, -,vbich enacted provisions relative to the country club administrative hoard, codified as Ch. 9, Art. 11. Secs. 2- 104 - 2109. Reserved. DIVISION 9. DEPARTMENT OF RECREATION" Sec. 2 -110. Director's duties. The director of recreation shall plan, promote, organize and supervise a comprehensive munici- pal recreation program, and administer the saane in the interest of the entire community, and. shall: (1) Supervise recreation areas. Supervise the recreational use of playgrounds, play fields, recreation centers, ball diamonds and such other recreation areas and facilities as may be made available to carry out the village's recreation program. (2) Conduct crarnrnunity ccctiuity. Conduct and supervise any form of recreational, cul- - { tern l -or— serial - aetvit�,�ll =ram will- emp��- the leisure time of the citizens in a whole- some and constructive manner. *Editor's note —Orel. No. 2006 -23, § 2, adopted Nov. 9, 2006, amended the Code by changing the title of Div, 6 from "Department of .Public Services" to " Departmend of Public Works ". See the editor's note to Art. 111, § 12 of the Charter. Cross references— Garbage, trash and refuse, § 14 -16 et seq.; parks, playgrounds and recreation, Ch. 20; :streets, sidewalks and public places, Ch. 24. Sapp. No. 33 142 i Cross reference — Library, Ch. 16. "Charter reference —Club administration, Art. A § 6. Cross reference -- Country club administrative board, § 9 -16 et seq. "Cross reference— Parks, playgrounds and recreation, Ch. 20_ ADMINISTRATION (3) Village parks. Operate and maintain all village parks. (Code 1970, § 2-42; Ord. No. 22-2005, § 2, 8-30-05) DIVISION 10. DEPARTMENT OF COMMUNITY DEVELOPMENT* Sec. 2-111. Director's duties. The director of community development shall be responsible for all matters relating to planning and zoning, building permitting and inspection, and code compliance. (Ord. No. 2006-23, § 3, 11-9-06) Sec. 2-112. Divisions. The department of community development shall be divided into the following divisions: (1) Division of permits and inspections, which shall: (1) working in coordination with the village engineer, issue all permits for, and inspect the work involved in, the construc- tion of -sidewalks, curb cuts, street cuts; (2) inspect all work performed under the provisions of the electrical, plumbing and building codes of the village; and (3) in- spect all premises, including structures and appurtenances thereon, for safety fea- tures. (2) Code compliance division, which shall in- spect, encourage, enforce, monitor and rep or t on com-Enn— with the v'ila-ge's code of ordinances on all properties throughout the village. (3) Planning division, which shall assist the director in modifying and updating the village's land development regulations and zoning code; review development plans for zoning compliance and development issues; interpret state codes; review and provide the director with guidance on village compliance with the comprehen- sive plan; and assist village administra- tion with annexation and development or *Editor's note—See the editor's note to Art. III, § 12 of the Charter. Supp. No. 51 143 § 2-118 redevelopment planning concepts, zoning overlays and other such development mat- ters. (Ord. No. 2006-23, § 3, 11-9-06) Sees. 2-113, 2-114. Reserved. ARTICLE W. NIANAGERt See. 2-115. Residency. At the time of his or her appointment the village manager need not be a resident of the village or state, but shall attain residence within the village limits within one hundred twenty (120) days of his or her appointment, and retain village residence during his or her period of appointment, unless waived by an affirmative vote of a majority of the village council. Amajority of the village council may rp.volce this waiver qt any time for any or no reason and if revoked, the manager shall be required to attain village resi- dence within sixty (60) days or as otherwise determined by a majority of the council. (Code 1970, § 2-26; Ord. No. 36-2004, § 1, 12-9-04: Ord. No. 2011-06, § 2, 4-14-11) See. 2-116. Reserved. Editor's note—Ord. No. 2011-14, § 2, adopted July 14, 2011, repealed § 2-116, which pertained to removal and derived from the Code of 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; Ord. No. 23-97, § 1, 5-8-97; Ord. No. 36-2004, § 2, 12-9-04. Sec. 2-117. Bond. The village manager shall furnish a surety bond to be approved by the council, such bond to be conditioned on the faithful performance of his duties. The premium of the bond shall be paid by the village. (Code 1970, § 2-28) See. 2-118. Budget. The village manager shall furnish the village each fiscal year with a balanced budget. (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1, 7-9-98) tCharter reference—Provisions relative to village man- ager, Article IV, §§ 1-5. § 2-119 Sees. 2-119-2-121. Reserved. Sees. 2-122,2-123. Reserved. NORTH PALM BEACH CODE Editor's note—Ord, No. 15-80, § 3, adopted July 24, 3980, repealed §§ 2-122 and 2-123, relative to the appointment and duties of the assistant village manager, respectively. Such sections formerly derived from Ord. No. 5-79, § 2, adopted Mar. 8, 1979. Sees. 2-124-2-128. Reserved. ARTICLE V. PENSIONS AND RETIREMENT SYSTEMS Sees. 2-129-2-135. Reserved. DIVISION 2. SOCIAL SECURITY* Sec. 2-136. Declaration of policy. It is hereby declared to be the policy and purpose of the village to extend, effective as of October 1, 1956, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of old-age and survivors insurance as authorized by the Federal Social Security Act and amendments thereto, and by F.S. Chapter 650, as amended; and to cover by such plan all services which constitute employ- ment as defined in F.S. section 650.02, performed in the employ of the village by employees and officials thereof, (Code 1970, § 26-11; Ord. No. 22-2001, § 1, 8-9-01) See. 2-137. Exclusions from coverage. There is hereby excluded from this article any authority to include in any agreement entered vice, position, employee, or official covered as of February 11, 1957, by or eligible to be covered by a then existing retirement system. (Code 1970, § 26-12) *State law reference—Social security for public employ- ees, F.S. Ch. 650. Supp. No. 51 144 See. 2-138. Agreement authorized. The mayor is hereby authorized and directed to execute all necessary agreements and amend- ments thereto with the division of retirement of the department of administration, as state agency, for the purpose of extending the benefits provided by the federal system of old-age and survivors insurance to the employees and officials of the village as provided in section 2-136, which agree- ment shall provide for such methods of adminis- tration of the plan by the village as are found by the state agency to be necessary and proper, and shall be effective with respect to services in em- ployment covered by such agreement performed on and after the first day of October, 1956. (Code 1970, § 26-13) Sec. 2-139. Withholding from wages. Withholdings from salaries, wages, or other compensation of employees and officials for the purpose provided in section 2-136 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency desig- nated by law or regulations to receive such amounts. (Code 1970, § 26-14) See. 2-140. Appropriations by village. There shall be appropriated from available funds, derived from the general fund, such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the village as employer by applicable state or federal laws or regulations, which shall be paid over to the lawffilly designated state agency at the times and in the manner provided by law and regula- tion. (Code 1970, § 26-15) See. 2-141. Records and reports. The village shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the regulations of the state agency. (Code 1970, § 26-16) ADMNISTRATIONI Sec. 2-142. Withholding and reporting agent. (a) The village treasurer is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the village pursuant to this division. (b) The village clerk is hereby made the with- holding and reporting agent and charged with the duty of maintaining personnel records for the purpose of this division, (Code 1970, § 26-17) Sec. 2-143. Social Security Act adopted. The village does hereby adopt the terms, con- ditions, requirements, reservations, benefits, priv- ileges and other conditions thereunto appertain- ing, of title II ofthe Social Security Act as amended, for and on behalf of all officers and employees of its denqrt-mP.nhq.9nd wpneip.q M lip P.nvPrPrI iindi-r the agreement. (Code 1970, § 26-18) Editor's note—Title 11 of the Social Security Act is found in the United States Code (and United States Code Anno- tated), Title 42, §§ 401-425. Secs. 2-144,2-145. Reserved. Supp. No. 51 144.1 § 2-145 ADMINISTRATION tion paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive such distribution directly, then the Board will pay the distribution in a direct rollover to an individual retirement plan designated by the Board. This section is effective for mandatory distributions after October 1, 2006, (Ord. No. 13-95, § 1, 3-23-95; Ord. No. 2010-07, § 14, 5-27-10) Sec. 2-158. Cost of living adjustment. The amount of pension benefit will be in- creased in accordance with the changes in the consumer price index for urban wage earners (CPI-W) South, published by the U.S. Bureau of Labor Statistics. Adjustments of pension pay- ments will be made on October I of each year reflecting the change in the consumer price index over the twelve-month period ending April I of that year. The maxim-urn increase in the member's pension benefit for any one (1) year is three (3) percent. Such adjustments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. This provision is mandatory for all employees hired after the May 11, 2000 and such employees shall contribute two (2) percent of their salary for this benefit. The cost of living adjustment and contribution of salary as specified in this section shall be optional with all employees who were hired prior to May 11, 2000. The cost of living adjustment (COLA) set forth herein shall apply to all forms of benefits set forth in sections 2-148 and 2-149 of this Code. (Ord. No. 13-2000, § 1, 5-11-00; Ord. No. 25-2005, § 3, 9-8-05; Ord. No, 27-2005, § 3, 9-29-05; Ord. No. 2010-07, § 16, 5-27-10) Editor's note-Ord. No. 2010-07, §§ 15, 16, adopted May 27, 2010, repealed former § 2-158 in its entirety and renum- bered former § 2-1581 as section 2-158. Repealed former § 2-158 pertained to optional benefit plan and derived from Ord. No. 12-96, § 2, adopted March 28, 1996; Ord. No. 28-96, § 1, adopted July 25, 1996; Ord, No. 35-2003, §§ 2, 3, adopted Dec. 11, 2003; Ord, No. 16-2004, § 2, adopted July 22, 2004. § 2-169 DIVISION 4. PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES* See. 2-159. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accrued benefit means the portion of a member's normal retirement benefit which is considered to have accrued as of any date. A member's accrued benefit as of any date shall be equal to the sum of two and one-half (21/2) percent of his average monthly earnings multiplied by his credited ser- vice for the first twenty-four (24) years; zero (0) percent of his average monthly earnings multi- plied by the member's credited service for each L,Wt;11by_1VU1 (4A thirty year after twenty hur `Q years up to thirty k30 years; and two (2) percent of his average monthly earnings multiplied by the member's credited service for each year in excess of thirty (30) years. For purposes of this calculation, average monthly earnings and credited service as of the date of determination shall be used. The accrued benefit is considered to be payable in the plan's normal form commencing on the member's normal retire- ment date, with such date determined as through the member remains in full-time employment with the employer. Accumulated contributions means a member's own contributions plus interest credited thereto, 'r..__- I_ 41__ L ___A II ally, Lly Ulu UUMU. Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establish- ing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) Supp. No. 47 152.5 *Editor's note - Ordinance No. 9-82, enacted June 10, 1982, did not expressly amend the Code; hence, codification of §§ 1-11 as herein set out in §§ 2-159-2-169 was at the discretion of the editor. Cross references lire division, § 12-29 et seq.; police, Ch. 23. § 2-159 NORTH PALM BEACH CODE percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Average monthly earnings means one-sixtieth of earnings of a member during the five (5) years of his employment within the last ten (10) years of employment, which is greater than the total dur- ing any other five (5) years during the ten-year period; provided that if a member shall have been employed for fewer than five (5) years, such average shall be taken over the period of bis actual employment. Beneficiary means the person or persons enti- tled to receive benefits hereunder at the death of a member who has or have been designated in writing by the member and filed with the board. If no such designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees which shall administer and manage the plan herein provided and serve as trustee of the fund. Credited service means the total number of years and fractional parts of years of service expressed as years and completed months, during which a person serves as an employee as defined below, omitting intervening years and fractional parts of years, when such person may not be employed by the employer; provided, however, such person may have, without interrupting his other years of credited service, up to one (1) year's leave of absence. participated actively as an employee. Should be not be re-employed within five (5) years, his contributions shall be returned to him without interest. It is provided further that credited service shall include any service, voluntary or involun- tary, in the armed forces of the United States, provided the employee is legally entitled to re- employment under the provisions of the federal USERRA provisions or any similar law; and pro- vided further that the employee shall apply for reemployment within the time and under the conditions prescribed by law. Effective January 1, 2007, members who die or become disabled while serving on active duty military service which intervenes the member's employment shall be entitled to the rights of this section even though such member was not re-employed by the village. Members who die or become disabled while on active duty military service shall be treated as though re-employed the day before the member became disabled or died, was credited with the service they would have been entitled to under this section, and then either died a non-duty death while employed or became disabled from a non-duty disability. Early retirement date means for each member the first day of the month coincident with or next following the date on which he attains his fiftieth (50th) birthday. Earnings means a member's gross salary, in- cluding overtime, public safety pay increment and special pay, but excluding bonuses, such as lon- gevity safety and attendance awards and any Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years of service for which he has withdrawn his contributions to the pension fund for those years or fractional parts of years of service unless he repays into the pension fund the contributions he has withdrawn, with interest, within ninety (90) --days-after-his- reen�gAoymont,--as-pr-ovi-ded-4n sec- tion 2-160 below. Further, an employee may voluntarily leave his contributions in the pension fund for a period of five (5) years after leaving the employ of the employer, pending the possibility of his being rehired, without losing credit for the time he has other non-regular payments such as unused sick leave or vacation time pay. Beginning with earn- ings after December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the def- inition of earnings includes amounts paid by the village as differential wages to members who are absent from employment while serving in quah- Red military service. Effective date means March 1, 1967, the date on which this plan initially became effective. The effective date of this restated plan is the date as of which the village council adopts the plan. Supp. No. 47 152.6 ADMINISTRKPION Employee means each actively employed full- time firefighter and police officer of the village. Employer means the Village of North Palm Beach, Florida. Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. The term firefighter includes all certi- fied, supervisory, and command personnel whose duties include, in whole or in part, the supervi- sion, training, guidance, and management respon- sibilities of full-time firefighters, part-tine firefight- ers, or auxiliary firefighters but does not include part-time firefighters or auxiliary firefighters. Fund means the trust fund established herein as part of the plan. Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means for each mem- ber the first day of the month coincident with or next following the date on which the member attains age fifty-five (55) or the date on which the member attains age fifty-two (52) and has twenty- five (25) years of credited service. A member may retire on this normal retirement date or on the first day of any month thereafter. Plan or system means the Village of North Palm Beach Fire and Police Retirement Fund as contained herein and all amendments thereto. Plan year means each year commencing on October 1, and ending on September 30. Police officer means any person employed in the police department who is certified as a law enforcement officer as a condition of employment in accordance with the provisions of F.S. § 943.14, and who is vested with authority to bear arms and make arrests, and whose primary responsi- bility is the prevention. and detection of crime or the enforcement of the penal, criminal, traffic or Highway laws of the state. This definition in- cludes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law en- Supp. No. 46 153 § 2-160 forcement officers, part-time law enforcement of- ficers, or auxiliary law enforcement officers, but does not include part-time law enforcement offic- ers or auxiliary law enforcement officers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respectively. Any public safety officer who is re- sponsible for performing both police and fire ser- vices and who is certified as a police officer or firefighter shall be considered a police officer. Spouse shall mean the lawful wife or husband of a member at time of preretirement death or retirement. (Ord. No. 9-82, § 1, 6-10-82; Ord. No. 1-92, § 1, 2-13-92; Ord. No. 30-95, §§ 1, 2, 10-12-95; Ord. No. 2008-18, § 2, 11-13-08; Ord. No. 2010-01, § 2, 1-14-10) Sec. 2-160. Membership. (a) Conditions of eligibility. Each person who becomes an employee must become a member of the plan as a condition of his employment. Each such employee shall be considered a member immediately upon hire. (b) Application for membership. Each eligible employee shall, within thirty (30) days of becom- ing eligible, complete an application form cover- ing the following points, as well as such other points or items as may be prescribed by the board: (1) Acceptance of the terms and conditions of the plan; (2) Designation of a beneficiary or beneficia- ries; (3) Authorization of a payroll deduction pay- able to the plan as hereinafter provided; (4) Provision of acceptable evidence of his date of birth; (5) A certified statement as to prior medical history; and (6) A written release allowing distribution of all medical records to the board. (c) Change in designation of beneficiary. A mem- ber may, from time to time, change his designated beneficiary by written notice to the board upon forms provided by the board. Upon such change, § 2-160 NORTH PALM BEACH CODE the rights of all previously designated beneficia- percent of his average monthly earnings ries to receive any benefit under the plan shall multiplied by the member's credited ser- cease. vice for each year in excess of thirty (30) (d) Buy-back of previous service. Each member of the plan who terminates his employment with (2) the employer and who is subsequently reem- ployed by the employer shall be permitted to ' "buy - back' his previous credited service under the following conditions: (1) The length of time between the member's termination date and his subsequent re- employment date is not limited. (2) The member must pay into the fund an amount equal to the sum of the amount he withdrew from the fund when he termi- nated employment, plus interest thereon at the rate of seven (7) percent from the date of withdrawal to the date of repay- ment. (3) The board shall notify the employee of the total amount payable, as described above. Payment must be made within ninety (90) days of such notification. (4) Upon timely payment of the required amount, the employee shall immediately be reinstated as member of the plan and shall be given credit for his previous cred- ited service. (Ord. No. 9-82, § 2, 6-10-82; Ord. No. 1-92, § 2, 2-13-92; Ord. No. 2008-18, § 3, 11-13-08) See. 2-161. Benefit amounts. (a) Normal retirement beneflt. (1) Amount. Each member who retires on or after his normal retirement date shall be eligible to receive a normal retirement benefit commencing on his actual retire- ment date. The monthly normal retire- ment benefit shall be an amount equal to the sum of two and one half (21/2) percent -- — - — — of Ids -a�;rage-mm-thly-e-arnmgg-miulti= plied by the member's credited service for the first twenty-four (24) years; zero (0) percent of his average monthly earnings multiplied by the member's credited ser- vice for each year after twenty-four (24) years up to thirty (30) years; and two (2) Supp. No. 46 154 years. Form of benefit. The normal retirement benefit shall commence on the member's actual retirement date and be payable on the first day of each month thereafter, with the last payment being the one next preceding the retiree's death, with one hundred twenty (120) monthly payments guaranteed (10 years). If the member should die before one hundred twenty (120) monthly payments are made, pay- ments are then continued to the desig- nated beneficiary until one hundred twenty (120) monthly payments in all have been made, at which time the benefits cease. (3) Optional forms of benefit. In lieu of the form of benefit just described, a member may choose an optional form of benefit as provided in section 2-162 below. (4) One hundred (100) percent vesting. Each member who attains normal retirement date or reaches ten (10) years of credited service shall be one hundred (100) percent vested in their accrued benefit. (b) Early retirement benefit. A member retiring hereunder on or after his early retirement date may receive either a deferred or an immediate monthly retirement benefit as follows: (1) A deferred monthly retirement benefit which shall commence on the normal re- tirement date and shall be continued on the first day of each month thereafter during his lifetime, guaranteed for one hundred twenty (120) monthly payments. The amount of the benefit shall be deter- mined and paid in the same manner as for retirement at the member's normal retire- ment date except that avera-ce monthly earnings and credited service shall be determined as of his early retirement date; or (2) An immediate monthly retirement benefit which shall commence on the member's early retirement date and shall be contin- ADMINISTRKrION unless the contrary be shown by compe- tent evidence. Any condition or impair- ment of health caused directly or proxi- mately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the mem- her, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such member shall have successfully passed a physical examination upon en- tering such service, which physical exam- ination including electrocardiogram failed to reveal any evidence of such condition. In order to be entitled to presumption in the case of hepatitis, meningococcal men- ingitis, or tuberculosis, the member must meet the requirements of F.S. § 112.181. !"he final decision whether a member meets the requirements for duty disability pen- sion rests with the board and shall be based on substantial competent evidence on the record as a whole. (10) A member will not be entitled to receive any disability retirement income if the disability is a result of: a. Excessive and habitual use by the member of drugs, intoxicants, or nar- cotics; b. Injury or disease sustained by the member while willfully and illegally participating in fights, riots, civil insurrections or while committing a clime; C. Injury or disease sustained by the member while serving in any armed forces (this exclusion does not affect members who have become disabled as a result of intervening military service under the federal Heroes Earnings Assistance and Relief Tax Act of 2008 (H.R. 6081; P.L. 110- 245 ); d, Injury or disease sustained by the member after employment has ter- minated; Supp. No. 50 157 § 2-161 e. Injury or disease sustained by the member while working for anyone other than the village and arising out of such employment. M Termination benefits and vesting. (1) Each member who terminates employ- ment with the employer and who is not eligible for any of the retirement, death, or disability benefits set forth herein shall receive from the fund within a reasonable time following his date of termination a refund of his accumulated contributions. Provided, however, that if at the time of his termination of employment the inem- her has ten (10) or more years of credited service, he shall have the option of either receiving his accumulated contributions or his accrued benefit payable cominenc- . - __ . , 'A_ I t � I ! 1 __ - -A .11_____ l- - - - 1___ ing at the date which would have been his normal retirement date had he remained in full-time employment with the em- ployer. The member may direct that his accrued benefit, reduced as for early re- tirement, commence at age fifty (50) or any date thereafter provided his accumu- lated contributions are not withdrawn. (2) A refund of accumulated contributions to a -member or his beneficiary shall consti- tute a full and complete discharge of any and all rights to claims or benefits under the system by the member or his benefi- ciaries. (g) Cost of Living Adjustment. The amount of pension benefit will be increased in accordance with the changes in the consumer index (CPI-W U.S.) published by the U.S. Bureau of Labor Statistics. Adjustments of pension payments will be made on October 1 of each year reflecting the change in the consumer price index over the twelve-month period ending April 1. The maxi- mum increase in the pension benefit for any one (1) year is three (3) percent. Such adjustments shall apply to each retirement, survivor or disabil- ity benefit in pay status as of each October 1. If there is a decrease in the CPI-W U.S. over the twelve-month period ending April 1, then the amount of the pension benefit will not increase again until there is an increase in that index § 2-161 NORTH PALM BEACH CODE beyond the prior high level of the CPI-W U.S. The prior high level of the CPI-W U.S. is the high water mark for purposes of future cost of living increases. After a decrease in the CPI-W U.S., there is no future cost of living increase until the index exceeds the most recent high water mark. (h) Limitation on benefits. In no event may a member's annual benefit exceed the limitations of Internal Revenue Code Section 415 as such pro- visions apply to governmental pension plans. The provisions of Internal Revenue Code Section 415 that apply to governmental pension plans are hereby incorporated into this plan by reference. (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No, 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; Ord. No. 20-2000, §§ 1, 2, 8-10-00; Ord. No. 08-2001, § 1, 4-12-01; Ord. No. 13-2003, §§ 1-3, 5-8-03; Ord. No. 2008-18, § 4, 11-13-08; Ord. No. 2010-01, § 3, 1-14-10; Ord. No. 2011-03, § 2, 2-10-11) See. 2-162. Optional forms of benefits. Each member entitled to a normal, early, dis- ability or vested retirement benefit shall have the right, at any time prior to the date on which benefit payments begin, to elect to have his or her benefit payable under any one (1) of the options hereinafter set forth in lieu of benefits provided herein, and to revoke any such elections and make a new election at any time prior to the beneficiary being removed need not be living. Any retired member who desires to change his or her joint annuitant or beneficiary shall file with the board of trustees a notarized notice of such change. Upon receipt of a completed change ofjoint annu- itant form or such other notice, the board of trustees shall adjust the member's monthly ben- efit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit and there is no impact to the plan. The beneficiary or joint annuitant being removed will be assumed de- ceased by the actuary in determining the actuari- ally equivalent amount of the revised monthly payment. No retiree's current benefits shall be increased as a result of the change of beneficiary. (1) Option 1—Joint and last survivor option. The member may elect to receive a bene- fit, which has been adjusted to the actu- arial equivalent of the normal form of benefit, during his/her lifetime and have such adjusted benefit (or a designated fraction thereof, for example one hundred (100) percent, seventy-five (75) percent, sixty-six and two-thirds (66 �N percent or fifty (50) percent) continued after his death to and during the lifetime of his benefi- ciary. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments com- actual beginning of payments. The value of op- mence. tional benefits shall be actuarially equivalent to (2) Option 2—Social security adjustment op- the value of benefits otherwise payable, and the tion. If a member retires before being present value of payments to the retiring member eligible for social security benefits, he must be at least equal to fifty (50) percent of the may elect this option. A member may elect total present value of payments to the retiring to receive a larger pension up to the date member and his/her beneficiary. The member he begins receiving social security bene- shall make such an election by written request to fits. The member's pension benefits may the board, such request being retained in the be reduced or terminated after social se- board's files. Notwithstanding any other provi- curity payments begin. The amount of sion of this section,- a-retired member may change .-----mductionshalLhe-actuarially det ermiined__ his or her designation of joint annuitant or bene- ficiary up to two (2) times as provided in F.S. (3) Option 3—Other. In lieu of the other op- § 175.333 without the approval of the board of tional forms enumerated in this section, trustees or the current joint annuitant or benefi- benefits may be paid in any form ap- ciary. The retiree is not required to provide proof proved by the board so long as actuarial of the good health of the joint annuitant or bene- equivalence with the benefits otherwise ficiary being removed, and the joint annuitant or payable is maintained, provided, how- Supp. No. 50 158 ADMINISTRNPION ever, that the board shall not authorize any actuarially equivalent single nrlozap sum distributions. (Ord. No. 9-82, § 4, 8-10-02; Ord. No. 1-82, § 4, 2-13-92; 0md. No. 30-2000, § 8` 8'10-00; Ord. N*. 18'2008, § 4, 6-8'08; 0nl. Bo. 2008-18' §5, 1I-I3' 08; Ord. No. 2010-01, § 4` 1-14-18) Supp. No. 50 158.1 ADMlNISTRNPION Sec. 2-170. Direct transfers of eligible rollover distribution. (1) General. This section applies to distribu- tions made on or after January 1, 1993. Notwith- standing any provision of the system to the con- trary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. (A) The term "Code" used herein refers to the Internal Revenue Code of the United States. (B) Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not in- elude: any distribution that is one of a series of substantially equal periodic pay- ments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and the portion of nriv diRt.-ributinn tbnf is not ineIndqh1n in gross income. (C) Eligible retirementplan: An eligible retire- ment plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, or a qualified trust described in Section 401(a) of the Code, that accepts the distributee's eligible rollover distribu- tion. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individ- ual retirement annuity. § 2-170.4 (D) Distributee:A distributee includes anem- ployee or former employee. In addition, the employee's or former employee's sur- viving spouse is a distributee with regard to the interest of the spouse. (E) Direct rollover. A direct rollover is a pay- ment by the plan to the eligible retire- ment plan specified by the distributee. (Ord. No. 15-95, § 1, 5-11-95) DIVISION 5. LENGTH OF SERVICE AWARD PLAN FOR VOLUNTEER FIREFIGHTERS* See. 2-170.01. Purpose. The purpose of this plan is to award and provide retirement income for active members of the volunteer firefighters of the village in recog- liltlVlt 4-1, --P A -.4 l --4-- A years V1 t'llull vice. (Ord. No. 16-91, § 1, 4-11-91) See. 2-170.1. Name of sponsor. The name of the sponsor shall be the Village of North Palm Beach. (Ord. No. 16-91, § 2, 4-11-91) See. 2-170.2. Name of plan. The name of the plan shall be "length of service award plan for volunteer firefighters." (Ord. No. 16-91, § 3, 4-11-91) See. 2-170.3. Effective date of plan. The effective date of the plan shall be May 1, 1990, (Ord. No. 16-91, § 4, 4-11-91) Sec. 2-170.4. Eligibility to enter plan. Members, as defined herein, means volunteer firefighters duly recognized and enrolled as vol- Supp. No. 46 162.3 *Editor's note--Ordinance No. 16-91, adopted April 11, 1991, did not specifically amend this Code; hence, inclusion of x§ 1-12 as Art. V, Div. 5, §§ 2-170.01-2-170.11, was at the discretion of the editor. Cross reference —Fire division, § 12-29 et seq. § 2-170.4 NORTH PALM BEACH CODE unteer firefighters with the village. All members must meet each of the following requirements before participating in the plan: (1) Minimum age, eighteen (18). (2) Maximum age, sixty (60). (3) Completed one (1) year of active service with the sponsor. (4) Completed the sponsor's required proba- tionary period. (Ord. No. 16-91, § 5, 4-11-91) See. 2-170.5. Entitlement age. The entitlement age is the age that members will begin receiving their monthly retirement benefit. Age sixty-five (65) with one (1) year of plan participation is generally utilized; however, service and participation requirements may be included. Entitlement age is sixty (60) with one (1) year of plan participation, (Ord. No. 16-91, § 6, 4-11-91) See. 2-170.6. Benefit formula. [The benefit formula shall be as follows:] (1) Past set•vice (before the plan began). Ten dollars ($10.00) per month for year of past service for currently enrolled members of the volunteer firefighters. Eight (8) is the maximum years of past service for which a member may receive credit. (2) Future service (after plan begins). Ten dollars ($10.00) per month for each year of future service. (3) Maximum monthly benefit. The maxi- mum monthly benefit a member can re- ceive at the entitlement age is three hun- dred dollars ($300.00). (4) Minimum monthly benefit. The minimum monthly benefit a member can receive if the member remains active in the plan until the designated entitlement age is fifty dollars ($50.00). (Ord. No. 16-91, § 7, 4-11-91) Supp. No. 46 162.4 Sec. 2-170.7. Preretirement death benefit. The preretirement death benefit is the death benefit payable if a member dies before entitle- ment age while still active in the plan. The amount payable is the greater of the face amount of the life insurance or the member's accrued benefit: (1) Face amount of the life insurance, thirty thousand dollars ($30,000.00). (2) Payment mode, annual. (Ord. No. 16-91, § 8, 4-11-91) See. 2-170.8. Vesting provisions. The vesting is based on years of credited ser- vice and the following schedule: Years of Set•vice Vested Percentage Less than 4 0 4 40 5 50 6 60 7 70 8 80 9 90 Ten (10) or more 100 (Ord. No. 16-91, § 9, 4-11-91) ADMINISTRATION See. 2-170.9. Village contributions. So long as this system is in effect, the village shall make a yearly contribution to the plan equal to the cost for the year by the most recent actu- arial valuation. (Ord. No. 16-91, § 10, 4-11-91) See. 2-170.10. Trustee and contact person. The village finance director will act as trustee and contact person and will be responsible for contacting the agent or agency administrating the plan regarding changes and modifications to the plan. (Ord. No. 16-91, § 11, 4-11-91) Sec. 2-170.11. Point system. A minimum of fifty (50) points is needed to earn a year of credited service. The point system that can be earned by volunteer firefighters is set forth in Exhibit A attached to Ordinance No. 16-91 and made a part of this division. (Ord. No. 16-91, § 12, 4-11-91) Editor's note-Exhibit A, attached to Ord. No. 16-91 from which this division derives, is not printed herein, but is on file and available for reference in the offices of the village. DIVISION 6. ICMA DEFINED CONTRIBUTION PENSION PLAN Sec. 2-170.12. Creation. The village council hereby approves the cre- ation of an ICMA defined contribution pension plan for each of the following village employee groups: (1) Department directors; (2) General employees; and (3) FPE employees. (Ord. No. 2006-26, § 2, 12-14-06) Sec. 2-170.13. Vesting period. The vesting period for each defined contribu- tion plan shall be five (5) years, with a vesting of zero (0) percent in the first year and a vesting of twenty-five (25) percent for each year thereafter. Supp. No. 48 163 § 2-171 While the plans will not provide for retroactive funding, the vesting period shall run from each employee's original date of hire. (Ord. No. 2006-26, § 3, 12-14-06) Sec. 2-170.14. Administrative services agree- ment and adoption agree- ments. The village council hereby approves the admin- istrative services agreement and adoption agree- ments with ICMA and authorizes the mayor and village clerk to execute such agreements on behalf of the village. The village clerk shall transmit a copy of the ordinance from which this division derives to the State of Florida Division of Retire- ment. (Ord. No. 2006-26, § 4, 12-14-06) See. 2-170.15. Effective date. This division shall be retroactive to October 1, 2006 and shall take effect upon adoption. How- ever, the provisions of this division shall not be implemented as to bargaining unit employees until the village and the union representing the bargaining unit agree to an amendment of the collective bargaining agreement incorporating the additional benefits set forth in this division and that agreement is ratified or the union waives bargaining and consents to its implementation. (Ord. No, 2006-26, § 6, 12-14-06) ARTICLE VI. CODE ENFORCEMENT* See. 2-171. Declaration of legislative intent. It is the intent of this article to promote, protect and improve the health, safety and wel- �'Editor's note Ord. No. 2010-09, § 2, adopted July 8, 2010, deleted the former Art. V1, §§ 2-171-2-182, and enacted a now Art. V1 as set out herein. The former Art. V1 pertained to code enforcement board and derived from Ord. No. 19-79, §§ 1-10, 9-27-79; Ord. No. 25-79, § 1, 12-13-79; Ord. No, 9-80, §§ 2-10, 4-24-80; Ord. No. 16-82, Arts. I-VI, 9-9-82; Ord. No. 19-85, § 1, 10-24-85; Ord. No. 2-86, §§ 1---3, 3-27-86; Ord. No. 15-86, § 2, 10-9-86; Ord. No. 8-90, § 1, §§ 3-7, 4-12-90; Ord. No. 4-91, § 1, 2-28-91; Ord. No. 17-91, § 1, 4-25-91; Ord. No. 18-96, §§ 1-6,5-9-96; Ord. No. 04-2000, §§ 1-5,2-10-00; Ord. No. 11-2001, §§ 1, 2, 4-26-01, Ord. No. 23-2002, § 1, 7-11-02; Ord. No. 08-2003, §§ 1, 2, 3-27-03; Ord. No. 2006-28, § 2, 12-14-06; Ord. No, 2007-19, § 3, 12-13-07. § 2-171 NORTH 13ALIVI BEACH CODE fare of the citizens of the village and to provide an equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described codes and ordinances of the village where a pend- ing or repeated violation continues to exist. (Ord. No. 2010-09, § 2, 7-8-10) Sec. 2-172. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Attorney means the attorney for the village who will represent the village in proceedings before a special magistrate. Code inspector means those authorized agents or employees of the village whose duty it is to ensure compliance with the codes referred to below. Repeat violation means a violation of a provi- sion of a code or ordinance by a person who has been previously found through a code enforce- ment board, special magistrate or any other quasi- judicial or judicial process, to have violated or who has admitted violating the same provision within five (5) years prior to the violation, not- withstanding the violations occur at different locations. Special magistrate means a special magistrate appointed by the village council pursuant to sec- tion 2-174 to conduct code enforcement proceed- ings in accordance with the provisions of this article. (Ord. No. 2010-09, § 2, 7-8-10) Chapter 6, Village of North Palm Beach Code, including the Florida building code, the appearance code and appearance plan (Appen- dix A), and the sign code, Chapter ,7, Village of North Palm Beach Code, containing the bulkhead lines code. Chapter 12, Village of North Palm Beach Code, including the fire prevention code. Chapter 14, Village of North Palm Beach Code, containing the health and sanitation code. Chapter 15, Village of North Palm Beach Code, containing the housing code. Chapter 17, Village of North Palm Beach Code, containing the business tax code. Sections 18-34 and 18-35 of Chapter 18. Chapter 19, Village of North Palm Beach Code, containing the noise control code. Chapter 24, Village of North Palm Beach Code, containing the streets, sidewalks and driveways code. Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. Chapter 27, Village of North Palm Beach Code, containing the trees and shrubbery code, including landscaping of yards and parking lots. Chapter 28, Village of North Palm Beach Code, containing the franchise ordinance for the use of the village rights-of-way for utilities Chapter 36, Village of North Palm Beach Code, containing the subdivision code. Sec. 2-173. Applicability. Chapter 45, Village of North Code, containing the zoning code. The special magistrate shall enforce and have (Ord. No. 2010-09, § 2, 7-8-10) —jurisdictiou-of-the-follow-ing-codes: See. 2-174. Special magistrates. Chapter 4, Village of North Palm Beach Code, containing the animals and fowl code. Chapter 5, Village of North Palm Beach Code, containing the docks and waterways code. Su pp. No. 48 164 Palm Beach (a) Appointment. The village council may ap- point one (1) or more special magistrates to con- duct code enforcement hearings. The special mag- istrate shall serve at the pleasure of the village council and may be removed by the village council ANIMALS AND FOWL ARTICLE I. IN GENERAL Sec. 4-1. Definitions, As used in this chapter, unless the context oth- erwise indicates: Bite includes an abrasion of the skin. Cal includes any feline. Dog includes any canine. License year means the period between the first day of June in any calendar year and the last day of May in the following calendar year. Owner includes any person, firm, partnership, trustee, association or corporation owning' keeping, harboring or otherwise maintaining a dog or cat. In any prosecution under this chapter where it shall be found that a cat or dog is in the custody or under control of a minor, it shall be presumed that the owner of such eat- or r1nor is the parent or legal guardian of such minor. Running at large refers to a dog or cat off the premises of its owner and not under the imme- diate eye and control of the owner or person acting for the owner. (Code 1970, § 4-1; Ord. No. 206-70, § 1) Cross reference—Rules of construction and definitions gen- erally, § 1-2. See. 4-2. Village designated bird sanctuary; hunting prohibited. (a) The land lying within the municipal limits of the village is hereby declared to be a bird sanc- tuary, (b) It shall be unlawful to intentionally kill, in- jure or otherwise destroy any bird found within the bird sanctuary. (Code 1970, § 4.2) See, 4-3. Killing; poisoning, (a) No person shall willfully and maliciously kill, maim or disfigure any dog, cat or other an- imal of another person, or willfully and mali- ciously administer poison to any dog, cat or other animal of another person, or expose any poisonous substance with intent that the same shall be taken and swallowed by them. 265 § 4-6 (b) No person shall leave or deposit any poison or any substance containing poison, in any common street, alley, lane or thoroughfare, or in any yard or enclosure other than the yard or en- closure occupied or owned by such person; pro- vided, however, that it shall not be unlawful to leave or deposit insecticides that are not prohib- ited by any village ordinance on a swale area in the village, (Code 1970, § 4-3; Ord. No. 206-70, § 4) See, 4-4. Hindering enforcement. It shall be unlawful to hinder or molest any police officer, or other authorized person engaged in the enforcement of this chapter. (Code 1970, § 4-4) See. 4-5. General enforcement. The director of public safety and such other per- sons as may be designated by him or the village manager are hereby authorized and directed to enforce this chapter, (Code 1970, § 4-5; Ord. No. 218-70, § 2) Cross reference — Enforcement of Ch. 4 by code enforce- ment inspector, § 2-171 et seq. See, 4.6, Keeping certain animals prohibited; exceptions. (a) No person shall keep, possess or maintain any live animal, including fowl, within the vil- lage, except as follows: Dogs, cats, parrots, para- keets, canaries, rabbits, guinea pigs, hamsters, gerbils and turtles may be kept, possessed and maintained as household pets within the village so long as they are kept, possessed and main- tained in compliance with the provisions of this chapter; and provided, further, that these house- hold pets do not constitute a nuisance to neigh- bors because of excessive noise or odors. Proper sanitary measures shall be observed and followed at all times in connection with the keeping, main- taining or possessing of such pets. (b) Any person desiring to keep, possess or main- tain any live animal, including fowl, which is not enumerated in paragraph (a) of this section may do so only after written request therefor to the village manager, who shall at his discretion ei- ther grant or deny such request based upon con- § 4-6 NORTH PALM BEACH CODE siderations of protecting public health, safety and welfare. (Code 1970, § 4-6; Ord. No. 206-70, § 2) See. 4.7. Cruelty to animals. No person shall overdrive, overload, drive when overloaded, overwork, torture, cruelly beat,muti- late or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel or inhu- mane manner, any animal, or fail to provide any animal in his charge or custody with necessary sustenance, drink, and protection from the ele- ments, or cause any of these acts to be done. (Code 1970, §§ 24-3, 24-4) See. 4-8. Causing animals to fight. It shall be unlawful for any person to keep or use, or in any way be connected with, or be inter- ested in the management of, or receive money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any animal, or to engage in, aid, abet, encourage or assist in any animal fight. (Code 1970, § 24-6) See, 4-9. Molesting songbirds or domestic pets. No person shall frighten, shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any robin, lark, whippor- will, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink, red-winged black- bird, crow, raven, oriole, kingbird, mockingbird, song-sparrow, or other songbird or insectivorous bird, or in any manner molest or injure the nest eggs or young of any such bird; or have in his possession the nest eggs, young or body of such bird, or wound or kill any domestic pets found �Code 1970, § 24-8) See, 4-10. Abandoning. No person shall desert or abandon any dog or other animal within the village, (Code 1970, § 4-7; Ord. No, 206-70, § 3) Me! See. 4.11. Animals with contagious diseases. (a) No person owning any dog or cat, knowing it to be afflicted with any contagious disease or in an unhealthy condition, shall permit such dog or cat to be out in public within the village limits. (b) If a police officer, for any reason, suspects that a dog or cat while running at large is not in a healthy condition or that it is suffering from any contagious disease, such officer shall impound such dog or cat and deliver it to a licensed veter- inarian in the village or the vicinity thereof, and if it be determined by such veterinarian that the disease is incurable, such dog or cat shall be hu- manely destroyed or otherwise humanely disposed of in the discretion of the police officer. (Code 1970, § 4-32.1; Ord. No, 206-70, H 10, 11) Seci 442. Anii—mals creating 'n mantes. M 111 (a) The owner of any animal which habitually barks, whines, howls, or causes other objection- able noise, or which destroys or damages any prop- erty of another person or which causes serious annoyance to a neighboring residence and inter- feres with the reasonable use and enjoyment of his property, or which is otherwise offensive so as to create a nuisance shall be deemed to be com- mitting an act in violation of this section, (b) Upon receipt of an "affidavit of complaint," signed by two (2) or more residents of the village, each complainant residing in separate dwellings in the vicinity in which the violation and issue occurred, made under oath before an individual authorized by law to take acknowledgments, set- ting forth the nature and the date of the act, the owner of the animal, the address of the owner and a description of the animal doing such act, the public safety officer, animal control officer or his agent shall investigate the complaint to deter- mine whether the act complained of violates this section. (Code 1970, § 4-29; Ord, No. 206-70, § 6; Ord. No. 10-76, § 5, 6-10-76) Sees. 4.13-4-23, Reserved, ARTICLE 11. DOGS AND CATS Sec. 4-24. Registration; inoculation. (a) Every person who is the owner, keeper or harborer of any dog or cat over the age of four (4) months within the village shall secure a tag or FUMMIX&MV41 NOON 0M license for each dog or cat from the county animal control. (b) Failure to have a dog or cat properly li- censed shall result in an automatic fine of at least ten dollars ($10.00) for each separate offense. (Code 1970, § 4-13; Ord. No. 206-70, § 7; Ord. No. 210-70, § 1; Ord. No. 10-76, § 1, 6-10-76) See. 4-25. Collar and tag—Required. Every owner shall provide each dog and cat more than four (4) months of age kept, harbored or otherwise maintained by him in the village with a sturdy collar to which the license tag referred to in section 4-24 of this Code shall be securely fastened and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog or cat when off the owner's premises. (Code 1970, § 4-19; Ord. No. 10-76, § 2, 6-10-76) Sec. 4-26. Same—Unauthorized removal. No person, other than the owner or keeper, shall remove or cause to be removed the collar or tag required by section 4-25 of this Code from any dog or cat within the village. (Code 1970, § 4-20; Ord. No. 206-70, § 8) See. 4-27. Prohibited in certain areas; excep- tions. (a) The owner of any dog or cat shall not permit or allow such dog or cat to be or enter upon hurch p—mises 41 a My c � - - - � ", u I—A i c h MI I _- r b U, - di n school premises, restaurant, store, market or any place where food or drink is commercially dis- pensed or sold. (b) In Anchorage Park, dogs are only permit- ted in the dedicated dog park area, on the interior roadways, and on the perimeter walkways located on the east and south sides of the park as depicted in Exhibit "A" attached hereto and incorporated herein by reference. In all other public parks, dogs shall be permitted in all areas with the exception of playgrounds and dedicated athletic fields and courts, including, but not limited to, tennis courts, basketball courts, baseball fields, softball fields, racquetball courts and volleyball courts. Any person having possession, charge, Supp. No. 48 267 § 4-28 custody or control of a dog in any public park must comply with all other requirements of this article, including, but not limited to, sections 4-28, 4-31 and 4-32 below. (e) Any dog or cat found running at large in any public park of the village shall be impounded by the police department in the manner provided for in section 4-30. (d) The provisions of paragraphs (a) through (c) shall not apply to guide and service dogs pursuant to F.S. section 413.08, nor shall the provisions of paragraphs (a) through (c) apply to dog-, and cats being exhibited at pet shows or dog training schools during the time said shows and training schools are being conducted, all of which must be within the confines of premises and areas set out in paragraphs (a) through (c), above. (Code 1970, §§ 4-11, 4-12; Ord. No. 206-70, § 9; Ord. No. 13-80, § 1, 6-12-80; Ord. No. 25-98, § 1, 10-8-98; Ord. No. 02-2004, § 1, 1-22-04; Ord. No. 2009-006, § 2, 6-11-09; Ord. No. 2010-10, § 2, 7-22-10) Sec. 4-28. Running at large. (a) Dogs in parks and on streets and sidewalks. No person owning or having possession, charge, custody or control of any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at large in or upon any public park, street or sidewalk unless accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash is not to exceed eight (6) feet in length. Retractable leashes are not permitted in public parks unless they are locked at a maximum length of eight (8) feet. (b) Dogs on property of others. No person own- ing or having possession, charge, custody or con- trol of any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at large in or upon private property of others within the village without the express or implied consent of the owner of such private property. (c) Cats. No person owning, harboring or hav- ing in his possession any cat shall knowingly permit or allow such cat to run at large within the village, or knowingly allow such cat to be upon any street, boulevard, road or alley of the village § 4-28 NORTH PALM BEACH CODE or in any yard or enclosure other than the yard or enclosure occupied or owned by such cat owner between the hours of 11:00 p.m. and 7:00 a.m. (Code 1970, § 4-21; Ord, No. 206-70, § 12; Ord. No. 3-75, § 1; Ord. No. 10-76, § 3, 6-10-76; Ord. No. 2009-006, § 2, 6-11-09; Ord. No. 2010-10, § 2, 7-22-10) Sec. 4-29. Vicious, biting and attacking dogs. (a) It shall be the duty of the owner of any dog to prevent such dog from biting or attacking any person in the village, and if a person is bitten by a dog he shall report the incident to the depart- ment of public safety immediately. (b) Whenever any dog shall have bitten any person, the director of public safety may order such dog quarantined in the county animal rescue league shelter or county animal control center or in a veterinarian's kennel, or on the owner's premises, for period extending not longer than fourteen (14) days from the date of biting. (c) All expense incurred while the dog is in quarantine shall be borne by the owner, keeper or harborer of the dog. (d) Any dog which may unprovokedly bite or attack any person in the village is hereby de- clared to be a public nuisance and such dog may be apprehended and impounded at any time by any police officer, or other person charged with the enforcement of this chapter. If such dog is impounded, the owner shall have no right to redeem the dog if it has unprovokedly attacked or bitten any person or persons in the village on two (2) or more separate occasions within any twenty- four-month period unless he shall remove such dog from the village, immediately upon redeinp- tion and shall not thereafter keep, harbor or otherwise maintain such dog in the village at any time. A dog bite or attack shall be considered unprovoked if the dog which bites or attacks is unleashed or not confined on the owner's prem- of any police officer of the village, when such fact shall be called to his attention, to take charge of such dog or cat and impound it. (b) Notice. Any police officer or other employee of the village who impounds or otherwise acquires possession of a dog or cat who has a license tag affixed to such animal, shall make every effort to notify the owner as soon as is reasonably possible. (c) Redemption by owner Within forty-eight (48) hours thereafter, the owner of such dog or cat may apply for its release and such release shall be granted providing the owner shall have paid whatever fines, if any, may have been imposed for the violation of this chapter and providing the owner shall also pay a pickup fee of ten dollars ($10.00) plus a boarding fee of three dollars ($3.00) for each day the dog or cat is impounded following the first day of impoundment. (d) Disposition upon owners failure to redeem. If the owner of the dog or cat shall not make application for its release within forty-eight (48) hours, or shall not pay the charges and fines above referred to, then the director of public safety will release such dog or cat to the county animal rescue league. (Code 1970, § 4-34; Ord. No. 206-70, § 13; Ord. No. 8-73, § 1; Ord. No. 13-80, § 2, 6-12-80) Sec. 4-31. Persons walking dogs responsible for removal of waste. It shall be unlawful for any person, while walking a dog, to permit such dog to defecate upon private property not owned by such person or not owned by the owner of the dog, or upon public property, including, but not limited to, public parks, sidewalks and swale areas, without removing the fecal matter immediately after such defecation has ended. (Ord. No. 8-79, § 1, 5-10-79; Ord. No. 2009-006, ises at the time. § 2, 6-11-09; Ord. No. 2010-10, § 2, 7-22-10) (C-ode Orri —N 0. 206-70, § 5; Ord. No. 10-76, § 4, 6-10-76) See- 4-32. Persons walking dogs to carry waste-removal implements. See. 4-30. Impoundment. (a) Required. Whenever a dog or cat is within the corporate limits of the village in violation of the provisions of this chapter, it shall be the duty Supp. No. 48 268 Any person who walks a dog off the premises where the owner of the dog resides or off the premises where the person who is walking the dog resides shall carry with him, at all times ANIMALS AND FOWL when so walking a dog, appropriate implements to remove any fecal matter deposited by the dog on public property or upon private property not owned by the owner of the dog nor owned by the person walking the dog, together with adequate containers to carry the fecal matter back to the private property of the owner of the dog or back: to the private property of the person walking the dog. In lieu of the foregoing, persons walking dogs off the premises where the owner of the dog resides or where the person walking the dogs resides may deposit fecal matter in receptacles specifically provided and dedicated for that pur- pose. (Ord. No. 8-79, § 2, 5-10-79; Ord. No. 2009-006, § 2, 6-11-09; Ord. No. 2010-10, § 2, 7-22-10) Secs. 4-33-4-41. Reserved. ARTICLE 111. RABIES CONTROL See. 4-42. Rabid animals--Declared nui- sance. Any dog, cat or otber animal suffering from rabies is hereby declared to be a public nuisance and any such animal may be slain by any police officer, or other person charged with the enforce- ment of this chapter, if the same cannot be safely apprehended and impounded. (Code 1970, § 4-30) See. 4-43. Same--Confinement. Tf. Qlipll hf, +br, r1iifir of anu nay..n 1ni-rr harboring or otherwise maintaining any dog, cat or other animal suffering from rabies to place it immediately in a veterinary hospital or, upon demand, to surrender such dog, cat or other animal to any police officer, or other person charged with the enforcement of this chapter. (Code 1970, § 4-31) See. 4-44. Same—Duty to report; impound- ing. (a) It shall be the duty of every person who discovers that any dog, cat or other animal has been bitten by a dog, cat or other animal suffering with rabies to report such fact immediately to the director of public safety. Such report shall give the § 4-46 name, if known, the place of residence of the person keeping, harboring or otherwise maintain- ing any such dog, cat or other animal, the place where the same can be found, and the license numbers of any such dog or cat, if known. (b) Any such dog, cat or other animal shall be immediately confined in a veterinary hospital or taken up and impounded and securely kept until it can be determined whether any such dog, cat or other animal is suffering with rabies. (Code 1970, § 4-32) See. 4-45. Muzzles; when required. Whenever the mayor, by proclarnation, shall declare that danger from rabies is great, it shall be unlawful to permit or allow any dog or cat upon the public street, alley or sidewalk or other place unless such dog or cat is securely muzzled. (OnflP 1A70 9 A--R'A) See. 4-46. Reporting death or destruction. In all cases where any dog, cat or other animal which has bitten a person is slain or dies within fourteen (14) days from the time of the bite, it shall be the duty of the person slaying such dog, cat or other animal, and the owner of such dog, cat or other animal to notify the police depart- ment and to immediately deliver such dog, cat or other animal intact to such department, or cause the same to be done. (Code 1970, § 4-28) iupp. No. 48 269 [The next page is 3191 BOATS, DOCKS AND WATERWAYS following regulations apply to commercial wet storage marinas where persons live aboard boats: (1) Not more than ten (10) percent of the dock spaces at a commercial wet storage ma- rina may be occupied by boats where persons live aboard for more than eight (8) months out of any twelve-month pe- riod. These dock spaces are for the pur- pose of providing security against vandal- ism and theft at marinas. All live-aboard boats must be equipped with a marine sanitation device acceptable under the current regulations of the U.S. Environ- mental Protection Agency, the U.S. Coast Guard and the state department of envi- ronmental regulation. (9.) TVTPrin_n,4 wherA ni,-rqnn_Q may lix7r, 5thnn-rrl overnight shall be equipped with potable water and sanitary sewage facilities, in- cluding showers, rest rooms and batb- houses located within the marina area available for use by all persons who live aboard boats overnight. In addition, all such marinas shall provide adequate elec- trical and potable water service, dockside, to each boat. Sewage service may be pro- vided to each boat where persons are permitted to live aboard overnight, but in no event may holding tanks or sewage facilities aboard any boat be flushed within the marina area so as to cause any pollu- tion, damage or debris to any waters. (3) A dockmaster or person shall be in charge of each marina and shall maintain a log which shall include a current list of per- sons registered to live aboard boats in that marina, the register number of all boats docked in the marina, and a descrip- tion of the marine sanitation devices in- stalled in each boat, available at all time for use and inspection by the village com- inimity development department. This re- quirement is to aid in the protection of life and property at marinas and to deter unauthorized persons from being in the marina areas. Supp. No. 46 323 § 5-19 (4) The administrative, enforcement and ap- peal procedures of the village housing code shall apply to this section. (Ord, No. 14-76, § 2, 7-8-76; Ord, No. 2006-24, § 2.13, 11-9-06) Cross reference--Housing code adopted by reference, § 15-1. See. 5-16. Mooring limitations in lagoons (private docks). Excluding lagoon end situations, for properties fronting lagoons, no vessel that is moored shall extend more than thirty (30) percent of the lagoon width from the face of the bulkhead nor extend beyond the side property lines extended. (Ord. No. 2006-01, § 1, 1-26-06) Sec. 5-17. Authority of city to board boats Any member of the department of public safety shall have authority to board any boat in violation of this chapter, or which becomes a menace to navigation, and move or cause it to be moved to another location and he shall have the right to hold such boat for the payment of costs incurred in its removal or storage. (Code 1970, § 11-54; Ord. No. 212-70, § 14; Ord. No. 2006-01, § 3, 1-26-06) See. 5-18. Reserved. Editor's note--Ord. No. 2010-03, § 3, adopted Jan. 28, 2010, repealed § 5-18, which pertained to limitation on an- choring and mooring in prohibited area; mooring permit required, and derived from Ord. No. 12-98, § 2, adopted April 23, 1998; Ord. No. 2006-01, §§ 2, 3, adopted Jan. 26, 2006, See. 5-19. Unlawfully anchored or moored vessels—Department of public safety to impound. The department of public safety of the village is authorized and directed to take into custody and impound any vessel unlawfully anchored or moored in the prohibited area and any such vessel taken into custody and impounded under the authority of the department of public safety shall not be released therefrom until the charges for towing such vessel and storage charges have been paid. The charge for towing or removal of any such § 5-19 NORTH PALM BEACH CODE vessel and storage charges shall be the customary charges prevailing in the village for such services. (Ord. No. 12-98, § 3, 4-23-98; Ord. No. 2006-01, § 3, 1-26-06) Sec. 5-20. Same—Owner to be notified upon impoundment. Whenever any vessel is taken into custody and impounded by the authority of the department of public safety as authorized herein, and the name and address of the owner of such vessel can be ascertained by the department of public safety, it shall within forty-eight (48) hours give in writing or cause to be given notice in writing to such owner of the fact of such removal and the reason therefor and the place to which such vessel has been removed. (Ord. No. 12-98, § 4, 4-23-98; Ord. No. 2006-01, § 3, 1-26-06) Sec. 5-21. Same—Procedure in event owner cannot be found. See. 5-22. Same—Unclaimed vessel to be sold; certification of sale. (a) If the owner fails to claim the vessel within twenty-one (21) days after the department of public safety has sent its notice to the division of marine resources, such vessel shall be sold to the highest bidder at public auction by the depart- ment of public safety at some place within the village; but, prior to the sale, a notice shall be published once a week for two (2) consecutive weeks in a local newspaper published in the county and circulated in the village. Publication shall be at least ten (10) days prior to the date of sale. Such notice shall give the time and place of sale and describe the vessel to be sold. A copy of such notice shall be mailed to the owner if his name and address be known at least teal (10) days before the date of such sale. The village shall not guarantee title to such vessel or to deliver a title of ownership; but shall furnish the purchaser a certificate in substantially the following form: Certificate Number: CERTIFICATE OF SALE Whenever the department of public safety au- VILLAGE OF NORTH PALM BEACH, thorizes the removal of such vessel from the 1_ 41 I- DEPARTMENT OF PUBLIC SAFETY, FLORIDA pro bited area as authorized herein and the department of public safety does not know and is THIS IS TO CERTIFY that the following de- not reasonably able to ascertain the name and scribed vessel was impounded and placed in address of the owner of such vessel or for any the custody of the Department of Public Safety, other reason is unable to give the notice to the where it was held for twenty-five (25) days, owner, and in the event the vessel is not returned after which time the Department of Public to the owner within a period of three (3) days after Safety made every reasonable effort to find the same has been taken into custody and im- owner of the same or if found, such owner pounded, the department of public safety shall failed to repossess same, this vessel was sold to immediately send or cause to be sent a written the highest bidder at public auction after legal notice of such impoundment by mail to the divi- advertisement. sion of marine resources of the department of This Certificate of Sale is therefor issued natural resources, and shall file a copy of such to: residing at notice with the person who has been authorized to have custody of the impounded vessel for the ---pu-t-p-oseo-f-sto-tag-a.-S-u-ch notice shall include a --Description ofNessel. complete description of the vessel, the date, time and place from which it was removed, the reason Dated at Village of North Palm Beach, for such removal, and the name of the storage Florida, this day of facility or place where the vessel is stored. _'199 (Ord. No. 12-98, § 5, 4-23-98; Ord. No. 2006-01, § 3, 1-26-06) Name and Title of Officer Supp, No. 46 324 KNI RG NCY MANAGEMENT ? 8 -5 ARTICLE I. IN GENERAL public works building will serve as a back -up village emergency operations center sbould the Sec. 8 -1. Definitions. need arise. (Ord. No. 16 -2001, § 1, 6- 28 -01; Ord. No. 2006 -24, As used in this chapter, the following terms, § 2.1), 11 -9 -06) phrases, words and their derivations shall have the meanings given herein; Sec. 8=4. Powers, duties and rLsponaibili= Disaster means any natural, technological or civil emergency that causes damage of sufficient severity and magnitude to result in the declara- tion of a state of emergency by the county, the governor or the President of the United States. Emergency means any occurrence, or threat thereof, whether natural, technological, or xnan made, in war or in peace, which results or may result in substantial injury or harm to the village population or substantial damage to or loss of property Emergency management means the prepara- tion for, the mitigation of, the response to, and recovery from emergencies and disasters. (Ord. No. 16 -2001, § 1, 6- 28 -01) Sec. 8 -2. Applicability. All officers, employees, contractors, vendors, boards, commissions, authorities, and other agen- cies of the village are subject to the provisions of this chapter. (Ord. No. 16 -2001, § 1, 6- 28 -01) Sec. 8 -3. Emergency management structure. (a) The village manager or his designee shall perform the function of director of emergency management and shall implement, manage and report on all actions authorized and taken on the provisions of this chapter. (b) Duties as director of emergency manage- ment shall include the on -going planning for and coordination of those actions necessary for the creation and maintenance of a village comprehen- sive en-iergency xnanageinent plan and of an effec- tive emergency response capability= to prepare for and manage emergency conditions. (c) The public safety building's multi- purpose room shall serve as the village emergency opera- tions center as necessary. The department of Supp. No. 33 509 ties. (a) The village manager, when acting as direc- tor of emergency management shall have the following powers, duties and responsibilities: (1) Recommend a declaration of local emer- gency pursuant to section 8 -5. To inform the Village Council of the reasons for and status of the event(s) requiring the decla- ration. (2) io direct the creation. revision and exer- cise of a village comprehensive emergency management plan for the mitigation of, preparation for, response to, and recovery from emergencies, and to exercise all pow- ers permitted by F.S. chapter 252. (3) To direct the efforts of emergency services personnel in preparation fox, response to, and recovery from emergency conditions. (4) To recommend a budget to the village council for the creation and maintenance of an emergency response capability as provided herein.. (5) To recommend emergency regulations nec- essary for the protection of life and prop- erty, establishment of public order, and control of adverse conditions affecting pub- lic welfare resulting from an emergency, to the mayor and/or village council. (Ord. No. 16 -2001, § 1, 6- 28 -01) Sec. 8 -5. Declaration of a state of emer- gency, (a) The mayor, vice mayor or village manager, in the order named, shall have the authority to declare a local state of emergency-. Upon the absence or unavailability of the mayor, vice mayor or village manager, the acting village manager may issue such a declaration. S -.5 NOli'rl -L PALM BEACH CODE (b) Any declaration of a local state of emer- gency and all emergency regulations activated under the provisions of this chapter shall be confirmed by the village council by resolution no later than the next regular meeting, unless the nature of the emergency renders a meeting of the village council extremely impractical. Confirina- tion of the emergency declaration shall disclose the reasons for, and anticipated impacts of, ac- tions proposed and taken to . manage the emer- gency and other pertinent data relating to the emergency requiring the declaration. (c) Emergency resolutions authorized under this chapter shall include but not be limited to the following subject: Resolution Subiect A Evacuation B Curfews: declaration of areas off limits C .`-suspension or regulation of the sale of', or offer to sell, with or without consideration: Alcoholic beverages, ammunition, firearms, explosives, or combustibles D suspension of local building regulation. -; E Emergency procurement procedures E .regulating the use of and rationing of fuel, ice and other essentials (d) A local state of emergency, when declared as provided herein, shall continue in effect from day= to day for a period of seven (7) days unless declared terminated prior to the passage of seven (7) days; should the local state of emergency be of a duration longer than seven (7) days, the decla- ration may be extended, as necessary, in seven (7) day incre- ments. (e) When a local state of emergency is declared under this article the village has the power and authority to waive the procedures and formalities otherwise required by law pertainii>g to: (6) Rental of equipment. (7) Acquisition and distribution, with or with- out compensation, of supplies, materials, and facilities. (8) Appropriation and expenditure of public funds. (Ord. No. 16 -2001, § 1, 6- 28 -01) Sec. 8 -6. Termination of a state of emer- gency. A state of emergency shall be terminated by a vote of the village council if practicable upon the certification of` the person who originally re- quested the declaration of the state of emergency, that the conditions leading to or causing the emergency no longer exist and the village's de- partnients are able to manage the situation with- out extraordinary assistance; provide that a state of emergency established under F.S. section 252.3€3 et seq., shall terminate at the end of a period of seven (7) consecutive days after the declaration of the emergency, unless prior to the end of the seven -day period, the public official calling for or the village council has terminated such state of emmergency. Any extension of the seven -day time period must be accomplished by a request from the public official and concurrence of the village council by duly enacted resolution, (Ord. No. 16 -2001, § 1, 6- 28 -01) Secs. 8- 7 -8 -20. Reserved. ARTICLE II. CIVIL DISORDERS AND DISTURBANCES Sec. 8 -21. Mayor designated local authority for preservation of public peace. (1) Performance of public work in taking what- The mayor is hereby designated the local au- ever prudent action is necessary to ensure thority for preservation of the public peace, pur- -- hh e ail - saafet an v elfare O f th it - 1. - -- — lage. (Ord. No. 16 -2001, § 2, 6- 28 -01) (2) Entering into contracts. (3) Incurring obligations. (4) Employment of permanent and tempo- rary workers, (5) Utilization of volunteer workers. Supp. No. 33 510 Sec. 8-22. Declaration of a state of emer- gency. (a) Whenever the director of public safety de- termines that there has been an act of violence or a flagrant and substantial defiance of, or resis- EMERGENCY MANAGEMENT tance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or property, all of which constitute an imminent threat to public peace or order and to the general welfare of the village or a part or parts thereof, he shall certify to the village man- ager, in writing, who in turn shall certify to the Mayor, in writing, that an emergency exists within the village or any part or parts thereof. (b) Whenever a state of emergency is declared as stated above, the measures listed in F.S. sec- tion 870.44 shall automatically be invoked. (c) Any declaration of a state of emergency under this section shall be confirmed by the village council through the village manager as soon as practical following the issuance of the declaration. Confirmation shall include the rea- sons for, anticipated impacts of, actions proposed and taken to manage the emergency, and other pertinent data relating to the declaration. (d) Whenever a state of emergency is declared under this section, the discretionary emergency measures listed in F.S. section 870.045 may be invoked in whole or in part, with limitation and conditions as may be deemed appropriate. (e) A state of emergency, when declared as - 3 1- - — _�_ - 11 commence - - decla- ration Provitieu herein, shall commence upon the decia- ration thereof and shall terminate at the end of seventy-two (72) consecutive hours, unless, prior to the end of such 72-hour period, the director of public safety shall have recommended termina- tion of the emergency. An extension of the seventy- two (72) hour period must be accomplished by request of the director of public safety and con- currence of the village council, by duly enacted resolution. (f) Upon the declaration of a state of emer- gency under this section, a written notice of such declaration shall be posted on the main bulletin board in village hall, and as promptly as practical, a notice of declared state of emergency shall be filed in the office of the village clerk or clerk of the § 8-22 circuit court, and delivered to local news media for publication and radio and television broad- cast. (Ord. No. 16-2001, § 2, 6-28-01) Supp. No. 22 511 [The next page is 5591 COUNTRY CLUB ARTICLE I. IN GENERAL See. 9-1. Premises—General regulations. No person, other than village employees or persons authorized by the village, on the premises of the North Palm Beach Country Club, including the North Palm Beach Country Club Golf Course, tennis club and. tennis facilities, driving range, swimming 'pool area, dining room, bar, winter club facilities and all other premises included within the property acquired by the village as part of the North Palm Beach Country Club, both under the original purchase and under the option by which it acquired the tennis club area, shall: (1) Disfiguration and/or removal of building and other property, a. Willfullv mark, deface, disfigure. in- jure, tamper with or displace or re- move any building, paving or paving materials, lawn, sod, water line or other public utilities, parts of appur- tenances thereof, signs, notices or placards, whether temporary or per- manent, or any other structures, equipment, facilities or country club property or appurtenances thereto, either real or personal. b. Dig or remove or disfigure any of the tee areas, fairways, greens or rough on the North Palm Beach Country Club Golf Course. C. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or any contrivance to any tree or plant. A person shall not dig in or otherwise disturb grassy areas or in any other way injure or impair the natural beauty or usefulness of any area. (2) Hours. Be physically present on: a. The golf course at the Village of North Palm Beach Country Club, including all tees, fairways, greens Supp. No. 40 561 § 9-2 and rough areas during the period from one (1) hour after sunset to one (1) hour before sunrise each day. b. Other areas at the North Palm Beach Country Club, including the club- house, tennis facilities, swimming pool area and winter club except during daylight hours and during the hours of one (1) hour after sunset and one (1) hour before sunrise as the premises are lighted and use thereof has been expressly approved by the village for the country club restaurant, bar facilities, swimming pool area, tennis courts, golf course, driving range and the winter club. The opening and closing hours for such latter areas shall be posted at the main entrance to the facilities for public information. One (1) hour after sunset and one (1) hour before sunrise, all portions of the North Palm Beach Country Club which are not lighted and permitted for use as described above shall be closed to the public, and no person or persons shall walk or be upon any portion of the country club premises which is closed to the public during those hours. (Ord. No. 5-80, § 1, 3-13-80) Editor's note—Ordinance No. 5-80, § 1, adopted Mar. 13, 1980, amended the Code with the addition of a new § 9-21. However, in order to maintain Code format-, the editor has LCFiCS ignatud the piuvhsivas am k? 9-1. Sec. 9-2. Same—Signs; enforcement; penal- ties. (a) The village manager shall place appropri- ate signs advising the public of the closing of country club facilities at each entrance to the North Palm Beach Country Club and at each of the North Palm Beach Country Club facilities main entrances. (b) All employees at the North Palm Beach Country Club and the public safety department and public safety office at the village shall, in connection with their duties imposed by law, diligently enforce the provisions of sections 9-1 § 9-2 NORTH PALM BEACH CODE and 9-2. The North Palm Beach Country Club Manager and all persons employed at the North Palm Beach Country Club shall have the author- ity to reject from the country club premises any person acting in violation of sections 9-1 and 9-2. The North Palm Beach Public Safety Department and any North Palm Beach Public Safety Officer shall have the authority to enforce sections 9-1 and 9-2 and to arrest any persons trespassing upon the country club property in violation of the hours of use and other provisions of sections 9-1 and 9-2. (c) Penalties. Violation of any provision of this Code section shall be punished as provided in section 1-8 of this Code. (Ord. No. 5-80, § 2, 3-13-80) E'ditor's note - Ordinance No. 5-80, § 2, adopted Man 13, 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the provisions have been redesignated as § 9-2. Sees. 9-3-9-15. Reserved. ARTICLE 11. GOLF ADVISORY BOARD* See. 9-16. Creation. The village council hereby creates a golf advi- sory board to serve in an advisory capacity. Un- less otherwise provided in this section, the advi- sory board shall operate in accordance with section 2-1 of this Code. (Ord. No. 2007-20, § 3, 12-13-07) See. 9-17. Composition and terms. (a) Composition. The village council shall ap- point five (5) regular members and two (2) alter- nate members to serve on the advisory board. The council shall appoint one (1) regular advisory *Editor's note-Ord. No. 2007-20, §§ 2, 3, adopted Dec. 13, 2007, repealed the former Art. 11, §§ 9-16-9-21, and enacted -a new -Ark I1 -as-set-out _herein,.2L%e-Jbrxner-ArL 11- pertained to similar subject matter and derived from Ord. No. 39-90, §§ 1-15, 7, adopted Nov. 19, 1990; Ord. No. 33-91, § 1, adopted Oct. 24, 1991; Ord. No. 18-93, §§ 1, 2, adopted July 22, 1993; Ord. No. 43-97, § 1, adopted Oct. 9, 1997; Ord. No. 23-98, § 1, adopted Sept. 24, 1998; Ord. No. 4-99, §§ 1-7, adopted Jan. 28, 1999; Ord. No. 12-2001, § 1, adopted May 10, 2001; Ord. No. 18-2001, § 2, June 28, 2001; Ord. No. 20-2002, § 1, June 13, 2002. Supp. No. 40 562 board member from the village men's golf associ- ation and one (1) regular advisory board member from the village women's golf association, each of whom shall be golf members of the country club. Each association shall recommend a person to serve as its representative on the board; however, such recommendation shall not be binding on the council. If no association member wishes to serve in this capacity, the association members may be replaced with golf members of the country club. As to the remaining three (3) regular advisory board members, one (1) shall be a resident golf member of the country club and one (1) shall be either a resident or non-resident golf member of the country club. There is no membership or residency requirement for the third regular mem- ber. Each of the alternate board members shall be golf members. (b) Terms. (1) Upon initial appointment of the advisory board members, the two (2) association representatives shall serve until April 30, 2009. Thereafter, these members shall serve terms of one (1) year. (2) Upon initial appointment of the advisory board members, the three (3) remaining regular members shall serve until April 30, 2010. Thereafter, these members shall serve terms of two (2) years. (3) Upon initial appointment of the advisory board members, the two (2) alternate mem- bers shall serve untilApril 30, 2009. There- after, these members shall serve terms of one (1) year. (4) Any appointment to fill any vacancy of a advisory board member shall be for the remainder of the unexpired term. (c) Officers. At the first organizational meet- ing, the advisory board shall elect a chairperson, vice- chairperson and a secretary from among its members to serve until May 2009. Thereafter, officers shall be selected as provided in subsection 2-1(j) of this Code. (Ord. No. 2007-20, § 3, 12-13-07; Ord. No. 2009- 03, § 2, 1-22-09) EMERGENCY SERVICES ARTICLE I. IN GENERAL Sees. 11.5-1-11.5-20. Reserved. ARTICLE 11. EMERGENCY MEDICAL SERVICES See. 11.5-21. Emergency medical services. The department of public safety is hereby au- thorized and directed to obtain and maintain any and all necessary State of Florida licensing, vehi- cle permits and all necessary Palm Beach County Certificates of Public Convenience and Necessity, pursuant to F.S., ch. 401, and Palm Beach County Emergency Medical Services Ordinance and any subsequent applicable revised laws and ordi- nances, for the purpose of providing emergency medical and trauma treatment and emergency transportation services in and for the village. Subject to an annual appropriation for such purposes, the department of public safety is au- thorized and directed to staff and maintain any and all necessary equipment, materials and per- sonnel to provide the appropriate level of emer- gency services capabilities at all times. The ap- propriate level of emergency services shall be determined by the village council. The department of public safety shall maintain all necessary licenses and certifications as re- A __4___, of all manner of emergency medical and trauma treatment and emergency transportation services within the village limits of the village. Emergency medical services shall be provided to any resident or visitor of the village, regardless of their ability to pay, or their socio-economic status within the community. (Ord. No. 6-97, § 1, 1-23-97) See. 11.5-22. Establishment of fees for emer- gency medical services. Except as otherwise provided herein, the vil- lage council shall, by resolution, establish fees to be charged for emergency medical services pro- § 11.5-23 vi ded. Each year, during its annual budget re- view, the village council shall evaluate and may adjust or modify the fees charged. (Ord. No. 6-97, § 2, 1-23-97) See. 11.5-23. Billing and collection of fees. The finance department is hereby authorized - to establish a method of billing and collection of authorized emergency medical service fees to in- clude, but not limited to the following: (1) Contracting with other governmental en- tities, medical facilities or non-governmen- tal entities to provide emergency medical services billing. (2) Posting all payments as received. (3) Responding to all patient requests and inquiries, concerning billing and collec- tion of fees, either written or verbal. (4) Complying with all applicable federal, state and local laws as they apply to the billing and collection services being provided. This includes all requirements to main- tain confidentiality for all medical and patient information as set forth in state and local laws or rules and regulations. (5) Maintaining any and all documentation, records and patient information in a se- cure manner that will allow inspection and audit by the village, its agents, or other authorized agencies or persons, upon proper notification. (6) Providing appropriate financial reports. (Ord. No. 6-97, § 3, 1-23-97) [The next page is 7231 Supp. No. 13 697 Chapter 12 FIRE PREVENTION AND PROTECTION* Art. I. In General, §§ 12-1-12-15 Art. 11. Florida Fire Prevention Code, §§ 12-16-12-28 Art. III. Fire Division, H 12-29-12-100 Div. 1. Generally, §§ 12-29-12-38 Div. 2. Personnel, §§ 12-39-12-50 Div. 3. Equipment, §§ 12-51-12-62 Div. 4. Reserved, §§ 12-63-12-100 Art. M Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances, ff 12-101-12-107 *Editor's note—On Aug. 27, 1968 the village entered into a mutual firefighting aid or protection pact with other municipalities and fire control districts located in Palm Beach County. (See Resolution No. 363-68). Cross references—Pension and other benefits for fire employees, § 2-159 et seq.; enforcement of Ch. 12 by code enforcement officer, § 2-171 A seq.; buildings and building regulations, Ch. 6; electricity, Ch. 11; housing, Ch. 15, Supp. No. 24 723 FIRE PREVENTION AND PROTECTION § 12-28 ARTICLE 1. IN GENERAL shall be collected in accordance with the fee schedule established by resolution of the village Sees. 12-1-12-15. Reserved. council. ARTICLE 11. FLORIDA FIRE PREVENTION CODE See. 12-16. Adopted by reference. Under the authority of Florida Statutes, Sec- tion 633.0215 and 633.025, the "Florida Fire Pre- vention Code" adopted by the State Fire Marshal in Rule Chapter 4A-60 of the Florida Administra- tive Code, including NFPA 1 Fire Prevention Code (2007 edition) and NFPA 101 Life Safety Code (2007 edition), both as modified by Rule Chapter 4A-60 of the Florida Administrative Code, is herein adopted by reference as the minimum fire code for the village. There has been for at least ten (10) days last past and shall be during the time that this code is in effect, two (2) copies available for public use, inspection, and examination. (Ord. No. 12-2002, § 1, 5-9-02; Ord. No. 2009-15, § 2, 9-24-2009) Editor's note--Ord. No. 06-2002, § 6, adopted Feb. 28, 2002 and Ord. No. 12-2002, § 2, repealed § 12-16, in its entirety. Ord. No. 12-2002, § 1, adopted May 9, 2002, enacted provisions to read as herein set out. Prior to amendment § 12-16 pertained to [fire prevention codel adopted by refer- ence and derived from Code 1970, § 6-11; Ord. No. 16-76, § 1, adopted Oct. 9, 1975; Ord. No. 13-77, § 1, adopted July 14, 1977; Ord. No. 22-80, § I adopted Oct. 9, 1980; Ord. No. 7-83, § 1, adopted Aug. 25,1983; Ord. No. 3-87, § 1, adopted Jan. 22, 1987; Ord. No. 6-90, § 1, adopted Mar. 22, 1990; Ord. No. 13-92, § inn). _T n_11 NY^ it -u", 9 1 adopted Feb. 27, 1997. Cross references-Building, gas, mechanical and plumb- ing codes adopted, § 6-17; housing code adopted, § 15-1. See. 12-17. Annual fire inspection and estab- lishment of fee schedule. (a) Effective October 1, 2006, all commercial and multi - family buildings and structures shall be subject to an annual fire safety inspection. For the purposes of this section, a multi-family build- ing or structure is defined as any building or structure with three (3) or move units where access to the units is accomplished through use of common hallways or walkways. The annual fire inspection fee and all reinspection and late fees Supp. No. 44 725 (b) The effective date for collection of fire in- spection fees is October 1, 2006, and on an annual basis thereafter and is to be made a part of the business tax and paid therewith. For multi-family buildings or structures governed by a condomin- ium or other community association for which no business tax is due and payable, the annual fire inspection fee shall be paid by October I of each year. Failure to remit the annual inspection fee and any late fees shall subject the association to code enforcement proceedings in accordance with chapter 2 of this Code. (Ord. No. 2006-13, §§ 1, 2, 8-10-06; Ord. No. 2006-28, § 4, 12-14-06; Ord. No. 2009-15, § 2, 9 _94 _90(19) See. 12-18. Review of construction plans and fire suppression, detection and alarm systems and establishment of fee schedule. (a) All construction, reconstruction or renova- tion plans and all fire suppression, smoke detec- tion and fire alarm systems requiring review by the fire rescue division shall be submitted to the division for review to ensure compliance with all applicable requirements of this article. As re- aiiirarl by fba nirniricin-nQ of +bia nrtiplo fbn -9-ro rescue division shall inspect all new structures to ensure that all requirements have been met prior to the issuance of a certificate of occupancy. (b) The inspection and reinspection fees for reviews required by this section shall be collected in accordance with the fee schedule established by resolution of the village council and shall be paid prior to the issuance of a certificate of occupancy. (Ord. No. 2009-15, § 2, 9-24-2009) Sees. 12-19-12-28. Reserved. § 12-29 NORTH PALM BEACH CODE ARTICLE III. FIRE DIVISION* D1VlSI0N 1. GENERALLY See. 12-29. Created; function. A division to be hereafter known as the Village of North Palm Beach Fire Division, the object of which shall be the prevention and extinguish- ment of fire and the protection of life and property within the limits of the village, is hereby created. (Code 1970, § 15-1) See. 12-30. Composition. (a) The division created by this article shall consist of a chief and such other officers as the village *Editor's note—On Aug. 27,1968 the village entered into a mutual fire-fighting aid or protection pact with other mu- nicipalities and fire control districts located in county (see Resolution No. 363-68). Cross references—Administrative code provisions on de- partment of public safety, § 2-75 et seq.; length of service award plan for volunteer firefighters, § 2-170 et seq. Supp. No. 44 726 FIRE PREVENTION AND PROTECTION council may deem necessary for the effective op- eration of the division. (b) The membership of the division other than the chief shall consist of such persons as may be appointed by the chief who are willing to serve on a voluntary basis, all of whom shall be able-bodied citizens, preferably property owners whose busi- ness activities are normally within the confines of the general area of the village, and who have tele- phones in their homes. Determination of whether candidates for appointment are able-bodied shall be made by the chief after a medical and physical examination has been made in a manner pre- scribed by the chief and approved by the village manager. Such voluntary members of the division shall not be considered employees of the village. (Code 1970, § 15-2) qt-e_ 12-RI. Mntnr P.aninmpmt and 1rnP.mhP_r_Q' cars designated emergency vehi- cles. All motor equipment and all personal cars of division members shall, when responding to an alarm, be deemed emergency vehicles. (Code 1970, § 15-3) Sec. 12-32. Emergency medical technician volunteers. The membership of this unit shall consist of able-bodied individuals who are state-certified emergency medical technicians, state-certified pararneudics or duly 111censed pl-1y6-1C1*8U--1S aapp 0-1-n-W-d by the director of public safety and who are willing to serve on a voluntary basis. Determination as to whether candidates for appointment are physi- cally qualified shall be made by the director after a medical examination in a manner prescribed by the director and approved by the village manager. Duties shall consist of riding in the advanced life support rescue vehicle with the paramedics and assisting at emergency medical scenes and per- forming such other duties as prescribed by the on-duty paramedic employee. Such voluntary members of this unit shall not be considered em- ployees of the village but shall be covered by vil- lage insurance programs while engaged in per- forming described duties. (Ord. No. 12-84, § 1, 5-10-84) Supp. No. 5 727 Sees. 12-33-12-38. Reserved. DIVISION 2. PERSONNEL § 12-51 See. 12-39. Other officers accountable to chief. All other officers of the division created by this article shall be accountable to the chief. (Code 1970, § 15-20) See. 12-40. Special police powers. All regularly appointed members of the divi- sion are hereby given the necessary special police powers for the purpose of enforcing the provisions of this article. (Code 1970, § 15-21) Qn- 19-Al. Each member of the division shall be issued a badge designating his rank. (Code 1970, § 15-22) Sec. 12-42. Car insignia. Each member of the division driving a car shall be issued a suitable insignia to be attached to the car. (Code 1970, § 15-23) See, 12.43, Police assistance. Tf tic b.r.b m.rl� + - .;.1 1,,+- -P-11 -;]I.— --j ffie police who may be on duty and available for fire duty to respond to all fire alarms and assist the division in the protecting of life and property, in regulating traffic, maintaining order, and in en- forcing observance of all sections of this article. (Code 1970, § 15-24) Sees. 12-44-12-50. Reserved. DIVISION 3. EQUIPMENT Sec. 12-51. Generally. The division created by this article shall be equipped with such apparatus and other equip- ment as may be required, from time to time, to § 12-51 NORTH PALM BEACH CODE maintain its efficiency and properly protect life and property from fire. (Code 1970, § 15-31) See. 12-52. Acquisition. Recommendations of apparatus and equipment shall be made by the chief and, after approval by the village manager and village council, shall be purchased in such manner as may be designated by the village council. (Code 1970, § 15-32) Sec. 12-53. Fire alarm system. Suitable arrangement or equipment shall be pro- vided for citizens to turn in an alarm, and for notifying all members of the division so that they may promptly respond. (Code 1970, § 15-33) Sec. 12-54. Housing. All equipment of the division created by this article shall be safely and conveniently housed in such places as may be provided by the village. (Code 1970, § 15-34) Sec. 12-55. Private use of equipment. No person shall use any fire apparatus or equip- ment for any private purpose, nor shall any person willfully and. without proper authority take away or conceal any article used in any way by the division. (Code 1970, § 15-39) See. 12-56. Tampering with equipment. DIVISION 4. RESERVED* Sees. 12-63-12-100. Reserved. ARTICLE IV. RECOVERY OF COSTS FOR CLEANUP, ABATEMENT AND REMOVAL OF HAZARDOUS SUBSTANCES' Sec, 12-101. Definitions. For the purpose, of this article, the following words and phrases shall have the meaning given herein: Costs means those necessary and reasonable costs incurred by the village in connection with mitigating, minimizing, remov.* i Ld mitigating, ing or abating discharges of hazardous substances, in- cluding, but not limited to, the following: Actual labor costs of village personnel and its authorized agents, including, but not limited to, the county and its respective departments, costs of equip- ment operation and rental, cost of expendable items including, but not limited to, fire fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. Discharge means any intentional or uninten- tional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within the corporate limits of the village. Hazardous substances means any substances or materials in a quantity or form, which in the de- termination of the public safety department or its agents, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the village, and shall include, but *Editor's note—At the discretion of the editor, Ord.-No. �op6r§6i�s.halrent—er any p �ace where fire ap- 9-82,§§ 1-11, adopted June 10, 1982, codified as Ch. 2, Art. V, paratus is housed or handle any apparatus or Div. 4, § 2-159 et seq. of this Code, has been treated as super - equipment belonging to the division unless accom- seding provisions formerly codified as H 12.63-12-70, rela- panied by, or having the special permission of, an tive to the firemen's relief and pension fund. The deleted sec- officer or authorized member of the division. sec- tions derived from Code 1970, §§ 26-36-26-43. tEditor's note—Ordinance No. 21-91, adopted May 23, (Code 1970, § 15-40) 1991, did not specifically amend the Code; hence, inclusion of §§ IM—M as Art. IV, H 12-101-12.107, was at the discretion of the editor. Sees. 12-57-12-62. Reserved. Cross reference — Health and sanitation, Ch. 14. Supp. No. 5 728 FIRE PREVENTION AND PROTECTION not be limited to, those substances listed in the "N.F.P.A. Guide on Hazardous Materials" or the EPA's list of extremely hazardous substances, or the "Florida Substance List" promulgated by the Department of Labor and Employment Security. Person means one (1) or more individuals, part- nerships, corporations, joint ventures, associations or any other entities, or any combination thereof. (Ord. No. 21-91, § 1(1), 5.23-91) Sec. 12-102. Authority of public safety de- partment. The public safety department is hereby autho- rized to take such steps as necessary to clean up, remove or abate the effects of any hazardous sub- stances discharged upon or into public or private property, or facilities within the corporate limits of the village. (Ord. No. 21-91, § 1(2), 5-23-91) See. 12-103. Reimbursement of costs to vil- lage. Any person or persons responsible for causing or allowing an unauthorized discharge of haz- ardous substances, which requires action by the public safety department of the village or its au- thorized agents in order to protect the public health, safety or welfare, shall reimburse the vil- lage for the full amount of all costs, as defined herein, associated with the investigating, miti- gating, minimizing, removing and abating any such discharge. Reimbursement shall be made within thirty (30) days after receipt of an itemized bill for such costs from the village of North Palm Beach. (Ord. No. 21-91, § 1(3), 5-23-91) Sec. 12-104. Records. When responding to the emergency caused by the unauthorized discharge of hazardous sub- stances, the public safety department of the vil- lage or its authorized agents shall keep a detailed record of the cost attributable thereto. (Ord. No. 21-91, § 1(4), 5-23-91) § 12-107 See. 12-105. Exceptions for fire suppression services. The authority to recover costs under this sec- tion shall not include costs incurred for actual fire suppression services which are normally or usu- ally provided by the village's public safety depart- ment or its authorized agents. (Ord. No. 21-91, § 1(5), 5-23-91) See. 12-106. Late fee for failure to reimburse village. Any person or persons responsible for causing or allowing an unauthorized discharge of haz- ardous substances, and who fails to reimburse the village within the time set forth herein, shall be subject to a late fee in the amount of ten (10) per- cent of the total amount of the bill for each addi- tional day that the bill for such costs remains un- (Ord, No. 21-91, § 1(6), 5-23-91) Sec. 12-107. Remedies. The remedy provided for in this section shall be supplemental to and in additional to all other available remedies at law and equity. (Ord. No. 21.91, § 1(7), 5-23.91) [The next page is 7771 Supp. No. 5 729 (3) (4) HEAUM AND SANITMPION feet prior to being placed in the swale for collection. Each single item shall weigh less than fifty (50) pounds. b. On any scheduled yard waste collec- tion day, branches, tree limbs, shrub clippings and palm fronds shall be limited to one (1) pile not exceeding right (8) cubic yards, measuring ap- proximately four (4) feet wide by fifteen (15) feet long by four (4) feet tall. No property owner shall generate yard waste for collection once any portion of the village has been placed under a hur- ricane or tropical storm watch or warning by the national hurricane center of the national oceanic and atmospheric associ- ation (NOAA). All providers of commercial tree trimming and/or landscape maintenance services re- tained to perform services within the vil- lage shall be registered with the village's community development department and shall be required to remove all yard waste generated by such tree trimming and/or landscape maintenance activities. For the purpose of this section, a provider of com- mercial tree trimming and/or landscape maintenance services shall be defined as a person, group of persons, or entity that routinely engages in, and markets itself as a provider of, such services for a fee. (c) Violations. The provisions of this section shall be enforced by the village's code compliance division or public safety department. Each perfor- mance of any act prohibited by this section or failure to perform an act required by this section shall constitute a separate offense. (d) Assessment of costs. (1) In addition to any lines imposed through the code enforcement process for viola- tions of this section, property owners shall be required to pay the costs associated with the collection of. G) yard waste in excess of the maximum amount set forth in subsection (b)(2) above; (ii) yard waste placed for collection as prohibited by sub- Supp. No. 50 893 § 14-63 section (b)(3) above; or (iii) yard waste placed for collection by persons, corpora- tions or firms paid a fee to perform tree trimming or landscape maintenance activ- ities as prohibited by subsection (b)(4) above. The village council shall establish a schedule of such costs by resolution. (2) The village manager or village public works director shall certify the amount of the costs and mail such certification to the property owner via certified mail, return receipt requested, and regular U.S. mail. The property owner shall have fifteen (15) days from the date of mailing in which to pay the costs or challenge the imposition and amount of the costs by requesting a hearing before the village code enforce- ment board. (3) If the property owner fails to pay the costs or if the property owner requests a hear- ing and the board decides adversely to the property owner, the village shall assess the costs against the property owner and record the assessment in the public re- cords. The recording of the assessment shall create and constitute a lien against such property for the amount of the as- sessment, payable to the village. (4) The assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the recording of the assessment. Lien assess- ments may be enforced by civil action in the appropriate court of competent juris- diction. The lien shall continue in full force until discharged by payment or oth- erwise or until settled and released by the community development director or the village manager. (Ord. No. 2009-01, § 2, 1-8-09; Ord. No. 2011-04, § 2, 2-10-11) Sees. 14-32-14-36. Reserved. DIVISION 3. RESERVED" Sees. 14-37-14-63. Reserved. *Editor's note—Ord. No. 2008-15, § 2, adopted Oct, 23, 2008, repealed Div. 3, §§ 14-37-14-52, which pertained to 14-64 NOWPH PALM BEACH CODE ARTICLE HL RESERVED Sees. 14-64-14-78. Reserved. ARTICLE W. ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY* See. 14-79. Definitions. The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Debris means any trash, rubbish, pipes, paper, wrapping, crates, boxes of any type, tin cans, wood, bottles, glass, animal and vegetable wastes, or other discarded materials, including vehicles, boats and boat trailers in a rusted, wrecked, junked, inoperative or partially dismantled con- dition. This definition shall include any vehicle, boat or boat trailer that does not possess a valid and current registration or to which a valid and current license plate or registration decal is not affixed as required by state law. Personal property means all forms of personal property and chattel, other than real property. (Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2009- 09, § 2, 7-23-09) See. 14-80. Uses or activities constituting a public nuisance. The following uses or activities upon any im- proved or vacant parcel, lot, tract, land or prem- ises within the village shall constitute a public nuisance and a violation of this code, subject to the nuisance abatement procedures set forth in this article and all other methods of code enforce- abandoned, inoperative and junked property and derived from 23-15, 23-16, and 23-18-23-30 of the 1970 Code and Ord. No. 7-73. *Editor's note--Ord. No. 2008-15, § 3, adopted Oct. 23, 2008, repealed the former Art. IV, §§ 14- 79- 14 -83, and enacted a new article as set out herein. The former Art. IV pertained to weeds and brush and derived from §§ 44 -11-- 44-15 of the 1970 Code. Supp. No. 50 894 ment available to the village, including, but not limited to code enforcement proceedings and in- junctive relief-, (1) The condition of ill repair or lack of main- tenance of any real property such that the condition is deemed unsafe or creates a health, sanitation, or safety hazard, in- cluding, but not limited to, the harboring of rats, snakes and other vermin or the pooling of water that may serve as breed- ing grounds for insects and other disease vectors; (2) The growth of weeds, grass, or other sim- ilar ground cover which exceeds twelve (12) inches in height for improved and unimproved lots, or the uncontrolled growth of vegetation which fails to pres- ent a healthy appearance; or (3) The presence, accumulation, storage, or otherwise keeping of debris or any aban- doned, discarded, or unused personal prop- erty when not completely enclosed in a structure and visible at ground level from adjoining properties or public rights-of- way. (Ord. No. 2008-15, § 3, 10-23-08; Ord. No. 2010- 21, § 2, 11-18-10) See. 1481. Notice of public nuisance; right to request hearing. (a) Authorized agents and employees of the village's community development department, in addition to code inspectors and law enforcement officers, are empowered to enter upon and inspect properties within the village on which a public nuisance is suspected to exist. All such persons shall be immune from prosecution, civil or crimi- nal, for reasonable, good faith entry upon prop- erty within the village while discharging the duties outlined in this article. (b) The village's community development di- rected to notify in writing the owner of any property upon which a public nuisance exists, as specified in section 14-80 above. The notice shall detail the nature of the public nuisance, the methods) of correction, and the date by which corrective action must be completed, which shall MOTOR VEHICLES AND TRAFFIC § 18-20 ARTICLE I. IN GENERAL (b) This section shall not apply where such trucks are making deliveries to or picking up Sees. 18-1-18-15. Reserved. merchandise at residences or places of business located upon such streets. (Code 1970, § 39-46; Ord. No. 4-81, § 1, 3-26-81) ARTICLE 11. OPERATION OF VEHICLES GENERALLY* Sec. 18-16. Speed limits—* Generally. In accordance with law, and when signs are erected giving notice thereof, the speed limit shall be as set forth in this section: (1) On all streets within the corporate limits of the village, except as set out below, twenty-five (25) miles per hour at all times. (2) On all state highways and county roads located in the village, as designated by the state department of transportation. (3) In areas where school hours are posted, traffic shall not exceed twenty (20) miles per hour. (Code 1970, § 39-29; Ord. No. 5-98, § 1, 2-12-98) See. 18-17. Reserved. Editor's note—Ord. No. 5-98, § 2, adopted Feb. 12, 1998, repealed § 18-17, which pertained to speed limits, specific streets. See the Code Comparative Table. See. 18-18. Weight limitations on certain roads. (a) It shall be unlawful for any person to operate, drive or park any truck in excess of three-fourths ton over, across or upon any street right-of-way except those indicated below, in the village: Northlake Boulevard Prosperity Farms Road State Road 703 U.S. Highway #1 (State Road 5) *Cross reference—Driving over fire hose prohibited, § 12-1. Supp. No. 28 1173 Sec. 18-19. Combat Auto Theft (CAT). (a) Authority. The Florida Uniform Traffic Con- trol Law authorizes municipalities to enact ordi- nances to establish "Combat Auto Theft" (CAT) programs whereby vehicle owners may enroll their vehicles giving advance written consent to law enforcement to law enforcement officers to stop their enrolled, vehicles if they are being operated between the hours of 1:00 a.m. and 5:00 a.m., provided the CAT decal is properly dis- played in the lower corner of the vehicle's rear window. (b) Administration of program. A "combat auto theft" (CAT) program is hereby established for the Village of North Palm Beach, Florida. The pro- gram shall include: (1) Consent forms to be executed by motor owners who enroll vehicles in the pro- gram. (2) CAT program decals which conform to the specifications, colors and design of the uniform CAT decal established by the Florida Department of Law Enforcement for use throughout the state. (3) All other provisions of the "combat auto theft" program as provided for in the Florida Uniform Traffic Control Law. Ad- ministration of the program shall be con- ducted by the director of public safety of the village. (4) The director of public safety shall charge a nominal fee for the administration of the program and the cost of the CAT decal. (Ord. No. 45-96, § 1, 12-12-96) Sec. 18-20. Motorized scooters. (a) Definitions. It is the intent of this section that the following definitions correspond to those found in F.S. ch. 316, where applicable. A different § 18-20 NORTH PALM BEACH CODE definition for any term listed below, as contained the motorized scooter operator shall obey in F.S. ch. 316, shall control over the following all authorized traffic control devices, mark- definitions. ings, and signs; (1) Helmet: A bicycle helmet that is properly fitted and is securely fastened upon the rider's head by a strap. Said helmet must meet or exceed the standards of the Amer- ican National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Founda- tion (1984 Standards for Protective Head- gear for Use in Bicycling), or any other nationally recognized standards for bicy- cle helmets adopted by the United States Department of Transportation. (2) Motorized scooter: Any vehicle designed to travel on not more than three (3) wheels, and not capable of propelling the vehicle at speeds greater than thirty (30) miles per hour on level ground. Motorized scooters: (1) Shall only be operated on streets and roadways within the Village of North Palm Beach by persons who possess a valid driver's license, so long as required by state law; (2) Shall not be operated on sidewalks within the Village of North Palm Beach; (3) Shall not be operated in public parks in the Village of North Palm Beach unless such use is specifically allowed by signage posted in that particular park; (4) Shall be operated and used by one person only; passengers are not allowed on mo- torized scooters; and motorized scooters shall not tow any other person, object or (5) Shall only be operated during daylight hours within the Village of North Palm Beach; (6) Shall be operated as close as practicable to the right hand curb or edge of the roadway, except when preparing to make a left -turn at an intersection or into a private road or driveway, at which time Supp. No. 28 1174 (7) Shall be operated only in a single file formation; motorized scooters shall not be operated abreast of each other; (8) Shall be walked across roadways and upon and along crosswalks; on such occasions, the motorized scooter operator shall have all the rights and responsibilities applica- ble to a pedestrian under the same cir- cumstances; (9) Shall be operated at all times with both of the operator's hands on the scooter's han- dlebars; (10) Shall not be operated unless the operator is, at all times, is wearing a helmet; (11) Shall only be operated with motors as equipped by the manufacturer; motorized scooter motors, exhaust systems or intake systems shall not be modified, amplified, or customized in any way; (12) Shall be operated at all times in accor- dance with all authorized traffic control devices. (c) Penalties for violation of motorized scooter regulations. Any person, firm, corporation or any other entity violating the provisions of this sec- tion shall be subject to a fine in accordance with section 1-8 of the Code, or subject to any other lawful means of enforcement available to the village. (Ord. No. 14-2003, § 1, 5-8-03; Ord. No. 03-2004, § 1, 2-26-04) Secs. 18-21-18-33. Reserved. OFFENSES AND MISCELLANEOUS PROVISIONS public health, safety and ultimate convenience, may apply to the village manager or his represen- tative for a special permit. Such permits, if granted, shall be limited to a certain period., but may be renewed for additional periods if the emergency or need therefor continues. In the issuance of such permits the village manager or his designated representative shall weigh all facts and circum- stances and shall determine whether the reasons given for the urgent necessity are valid and rea- sonable, whether the public health, safety and ultimate convenience will be protected or better served by granting the permit requested, and whether the manner and amount of loss or incon- venience to the party in interest imposes a signif- icant hardship. Upon an affirmative finding of the foregoing considerations, the village manager or his designee is authorized to issue the permit requested and any extensions, t'lierleal" ---- as 111ay UU required. Any person aggrieved by the decision. Of the village manager or his designated represen- tative may appeal the decision of the village manager to the village council. (b) It shall be unlawful for any person to cause or permit the use of any power-driven machinery, tools or equipment in ai.-iy portion of the village zoned and designated as a residential district or section other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and between the hours of 12:00 noon and 6:00 p.m. on Sundays. Power inowers shall be used only between the hours of 8:00 a.m. and 8:00 p.m. weekdays, and on Sun- days only between the hours of 12:00 noon and 8:00 P.M. (Code 1970, § 22-13; Ord. No. 5-75, § 1; 6-12-75; Ord. No. 17-76, § 2, 9-23-76) Cross reference--Buildings and building regulations, Ch. 6. See. 19-112. Fixed mechanical equipment. (a) It shall be unlawful to create any excessive or unnecessary loud noise in excess of the limits of section 19-118 by the use or operation of any fixed mechanical equipment including, but not limited to, air conditioners, compressor units, power fans or blowers or the electric motor or any engine used to drive such device, and such noise shall. be snuffled and deadened by adequate noise suppres- Supp. No. 33 1233 § 19-114 sion and muffling devices to eliminate annoyance and disturbance to persons within the range of hearing as set forth in this article. (b) The director of couirnunity development shall require compliance with i all reasonable sound abatement measures and sound screening which may be necessary to prevent all existing and new fixed mechanical equipment, including, but not limited, to air conditioning equipment, from cre- ating excessive, unnecessary or offensive noise. All new air conditioning equipment hereafter installed in the village shall carry the manufacturer's certification of the sound rating, as determined by the applicable standards of the A117 Conditioning and Refrigeration Institute or the American Society of Heating, Refrigeration and Air-Conditioning Engineers. If the sound rat- ing value of an air conditioning unit is such that the sound level created by its operation is in conflict with the provisions of section 19-118, adequate noise suppression and muffling devices shall be provided to reduce noise level to within the allowable limits. All pertinent information and data as to the sound ratings of such equip- inent shall be furnished to the department of public services at the time the application for the building permit is made, (Code 1970, § 22-14; Ord. No. 5-75, § 1, 6-12-75; Ord. No. 2006-24, § 2.G.1, 11-9-06) See. 19-113. Noise measurement procedure. For the purpose of determining and classifyijig any noise as unnecessary; excessive or offensive or as an unusually loud noise, which is hereby declared to be unlawful and prohibited by this article, the requirements of section 19-118 j-nay be applied; provided however, a violation of this article may occur without the occasion of the measurements being made as hereinafter pro- vided if circinnstances are such that a violation would be obvious to a reasonable, prudent person. (Code 1970, § 22-15; Ord. No. 5-75, § 1, 6-12-75, Ord. No, 34-2000, § 2, 11-9-00) See. 19-114. Periods of observation. AR periods of observation made hereunder shall be determined with regard to the character of the noise being measured, and the particular instru- § 19-11.4 NOWPH PALM BEACH CODE meat used to make the measurement, and shall be made in accordance with the standards con- tained in ANSI 51.13-1971, as amended, of the American National Standards Institute. (Code 1970, § 22-16; Ord. No. 5-75, § 1, 6-12-75) See. 19-115. Voluntary compliance. The village will permit, whenever possible, those persons creating excessive and unusually loud noise to conform to the standards as pro- vided in this article through voluntary compli- ance within a reasonable time. (Code 1970, § 22-17; Ord. No. 5-75, § 1, 6-12-75) See. 19-116. Enforcement—Authority. (a) The provisions of this article except those requiring the use of a decibel meter shall be enforced by the department of public safety. (b) The provisions of this chapter involving stationary mechanical noise source control and. complaints and any authority and responsibility specifically designated to the director of commu- nity development shall be investigated and en- forced by the department of community develop- ment. Specifically, where the use of a decibel meter is needed to determine sound levels, the department of community development shall in- vestigate and enforce the article. The department of public safety shall assist the department of community development when requested to do so. (Code 1970, § 22-18; Ord. No. 5-75, § 1, 6-12-75; Ord. No. 34-2000, § 3, 11-9-00; Ord. No. 2006-24, § 2.G.2, 11-9-06) - (2) If the noise is found to be in violation of this article, a police officer or designated person in the department of community development may give a warning to the person or persons responsible for the un- necessary, excessive or offensive noise. (3) If enforcement action is deemed neces- sary by the department of public safety, the person in possession or control of the cause of the unnecessary, excessive or offensive noise may be arrested by the department of public safety and charged with violating this article. In the case of enforcement action by the department of community development, a notice of vio- lation shall be issued requiring the respon- sible party to appear before the code en- forcement board. (Code 1970, § 22-19; Ord. No. 5-75, § 1, 6-12-75; Ord. No. 34-2000, § 4, 11-9-00; Ord. No. 2006-24, § 2.G.3, 11-9-06) Cross reference—Administration generally, Ch. 2. See. 19-118. Noise control measurement standards for fixed mechanical equipment. The noise from any fixed mechanical equip- ment within the meaning of the applicable zoning district classifications of the village shall be deemed to be excessive, unnecessary and unusually loud if the total noise level as measured on the A-scale due to both ambient noise level and the alleged - -source of the unnecessarv, offensive or excessive See. 19-117. Same—Procedure. noise exceeds the noise levels which are herein prescribed, the measurement of which is based (a) Operating inOtO7- vehicle noise entbreement, upon decibels, i.e. 0.0002 microbar, and day con- The procedure for enforcing operating motor ve- ditions referring to the tune between 7:00 a.m. hicle noise standards shall be established in F.S. and 10:00 p.m, and night conditions referring to §§ 316.272 and 316,293, and. applicable rules and the time between 10:00 p.m. and 7:00 a.m. All regulations of the state department of environ- such measurements as well as the method em- mental regulation with the cooperation of the ployed shall be consistent with the regulations of state department of highway safety and motor the American National Standards-Institute -or its successor bodies and shall represent the A- (b) All other noises. In all other cases, the weighted sound pressure level which is exceeded procedure for enforcing provisions of this chapter fifty (50) percent of the time (L50.) during the shall be as follows: observation period as described in the definition (1) Apo] ice officer or designated person in the of "ainbient noise" in section 19-99 of this article. department of community development shall investigate and determine if a viola- tion has or is occurring. SUPP. N 1234 I o. 33 (1) At no point on the boundary of or within a residential area zoned R-1, R,2 or R-3, according to the zoning code of the village ?z' OFFENSES AND MISCELLANEOUS PROVISIONS § 19-183 and official zoning map of the village, and See. 19-120. Exemptions. as a result of any noise source outside of the property in question may the follow- The following are exempt from the operation of ing sound pressure levels be exceeded: this article: a. Day: Fifty-five (55) dBA. b. Night: Fifty (50) dBA. (2) At no point on the boundary of or within the area zoned C-1, C-2, C-A, Or C-1A, according to the zoning code of the village and official zoning map of the village may the following sound pressure levels be exceeded as a result of any noise source outside the property in question: a. Day: Sixty (60) dBA. b. Night: Sixty (60) dBA. (3) For any source of sound which emits a discrete tone, the sound level limits set in subparagraphs a. and b. of this section shall be reduced by five (5) dB. (4) For any source of sound measured at the source, the maximum sound levels shall not exceed the sound level limits in sub- paragraphs a. through c. of this section by: a. Ten (10) dBA from 7:00 a.m. to 10:00 p.m. in a residential area. b. Five (5) dBA from 10:00 p.m. to 7:00 a.m. in a residential area. C. Ten (10) dBA at all times in commer- XuCUIU_LCUILIU.1111.r,, ljauuwalai kn ag- ricultural land use work." (Code 1970, § 22-20; Ord. No. 5-75, § 1, 6-12-75; Ord. No. 17-76, § 1, 9-23-76; Ord. No. 34-2000, § 5, 11-9-00) See. 19-119. Special permits excepted. The operational performance standards estab- lished by this article except for operating motor vehicle noise shall not apply to any public perfor- mance being conducted in accordance with the provisions of a special permit granted by the village for the conduct of a public performance nor to any emergency work, as defined by section 19-99. (Code 1970, § 22-22; Ord. No. 5-75, § 1, 6-12-75) Supp. No. 30 1235 (1) All public parks, schools, playgrounds and recreation areas specifically designated for such activity in performance of that activity. (2) All equipment tests required by law. (3) All procedures or processes required by law. (4) All accidental soundings of equipment or mechanical failure of equipment making noise prohibited in this article. (5) All emergency backup equipment operat- ing during a declared state of emergency or extended power outages. (6) Operation of emergency backup equip- ment for testing and maintenance. Test- ing and maintenance operations shall be prohibited on weekends, national holi- days, and between the hours of 4:00 p.m. and 10:00 a.m. weekdays; provided, that maintenance and testing operation of emer- gency backup equipment shall not exceed 74 dBA in any zoning district. (Code 1970, § 22-23; Ord. No. 5-75, § 1, 6-12-75; Ord. No. 12-2005, § 1, 7-14-05) Sees. 19-121-19-144. Reserved. ARTICLE VII. RESERVED Sees. 19-145-19-182. Reserved. ARTICLE VIII. WEAPONS Sec. 19-183. Possession. (a) Except within his own domicile, no person shall have in his possession, or carry or use, any air gun, BB gun, gas-operated gun or spring gun or any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or "beany" or any bow made for the purpose of throwing or project- § 19-183 NORTH PALM BEACH CODE ing missiles of any kind by any means whatso- ever, whether such instrument is called by any name set forth above or by any other name. (b) Nothing herein contained shall be con- strued to prevent the concealed or open carrying of any type of gun whatsoever when unloaded and properly encased, to or from any shooting range or shooting gallery or to or from an area where hunting is allowed by law. (Code 1970, § 24-72; Ord. No. 20-88, § 1, 8-11-88) Sec. 19-184. Carrying concealed weapons. (a) No person shall wear under his clothes, or conceal about his person, or display in a threat- ening manner, any dangerous or deadly weapon including, but not by way of limitations, any slingshot, cross-knuckles, or knuckles of lead, brass or other metal, or any bowie knife, or any knife resembling a bowie knife, or any knife with a switchblade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance. (b) This section shall not be construed to forbid United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties. (Code 1970, § 24-73) Sec. 19-185. Sales restricted. 1 0 71 4 1, L 7 7 L 4 k;L; 17 AT window facing any street, any brass or metal knuckles, or any club loaded with lead or other weight, or any blackjack or billy club. (c) Record of sales required. Every secondhand dealer, pawnbroker or other person engaged in the sale, rental or exchange of any weapons described in sections 19-183 and paragraph (b) of this section shall keep a record of each such weapon purchased, sold, rented or exchanged at retail. (1) Time of recordation. The record shall be made at the time of the transaction, in a book kept for that purpose, and shall include the name of the person to whom such weapon is sold or from whom such weapon is purchased; I-As or her age, phys- ical description, occupation, residence, and, if residing in a municipality, the street and number where he or she resides; the date of the purchase, sale, rental or ex- change of such weapon; and the name of the employee or other person making such purchase, sale, rental or exchange. (2) Daily reports. Daily reports shall be deliv- ered to the director of public safety of every such purchase, sale, loan or gift. The report shall be on forms provided by the director of public safety and shall set forth the name in full, the residence, age and physical description and the occupa- tion of the person to whom or from whom such dangerous or deadly weapon has been purchased, sold, loaned or given. (Code 1970, § 24-74) a) a of sw h, U U I& ut;z, pro &,- . U person shall sell, offer for sale, or display any knife or knives having the appearance of a pocket See. 19-186. Forfeiture; disposition. knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or (a) Every person convicted of a violation of this other mechanical devices. Such knife is hereby article shall forfeit to the village such dangerous -- ---declared-t-o-be-a-dRngerous--or-deadly-weapori:-----or-deadLy-w-eapori-so-concealed-or-displa-y-ed.---.----- within the meaning of section 19-183 and shall be subject to forfeiture to the village as provided in this article. (b) Display and sale of specified weapons. No pawnbroker, secondhand dealer or other person engaged in business in the village shall display or place on exhibition in any show window or other Supp. No. 30 1236 (b) Every police officer, upon making any ar- rest and taking a weapon used in violation of articles I through V and this article of this chap- ter, shall deliver the same to the judge to be held by him until the final determination of the pros- ecution for such offense; and, upon the finding of guilt, it shall then be the duty of such judge to OFFENSES AND MISCELLANEOUS PROVISIONS § 19-200 deliver such weapon forthwith to the director of public safety who shall make disposition of the weapon. (Code 1970, § 24-75) Secs. 19-187-19-199. Reserved. ARTICLE IX. WATER SHORTAGE EMERGENCIES Sec. 19-200. Definitions. For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given herein. When not incon- *Editor's note—Ordinance No. 6-81, §§ 1-6 and 9, en- acted May 14, 1981, has been codified as Art. IX, §§ 19 -200- 19 -206, at the editor's discretion. Such provisions did not expressly amend the Code. Cross references—Civil emergencies, Ch. 8; health and sanitation, Ch. 14; planning and development, Ch. 21; streets and sidewalks, Ch. 24; swimming pools, Ch. 25; trees and shrubbery, Ch. 27; subdivisions, App. B; zoning, App, C. Supp. No. 30 1236.1 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-203 sistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. Village means the Village of North Palm Beach. Water means water taken from any groundwa- ter system, surface water system or public water supply. Water shortage or water shortage emergency means the declaration of such by the governing board or the executive director of the South Flor- ida Water Management District pursuant to F.S. chapter 373. (Ord. No. 6-81, § 1, 5-14-81) Sec. 19-201. Application. The provisions of this article shall apply to all users of water within the corporate limits of the village. (Ord. No. 6-81, § 2, 5-14-81) See. 19-202. Implementation. (a) Permanent restrictions. The following per- manent restrictions are adopted. (1) Irrigation of any residential, commercial, institutional, governmental or industrial landscape areas shall be restricted to the hours of 5:00 p.m. and 9:00 a.m. (2) It shall be unlawful to operate or cause the operation of any irrigation system or device in a manner causing water to be wasted, including but not limited to un- necessary watering of impervious areas, other than that which may occur inciden- tal to the proper operation of the primary irrigation system. (3) Upon the effective date of section, new installations of automatic irrigation sys- tems shall be equipped with a water sens- ing device which will automatically dis- continue irrigation during periods of rainfall. Supp. No. 16 1237 (b) Exemptions. The following activities shall be exempt from the provisions of paragraph (a) of this section: (1) Landscape irrigation by hand watering using a self-canceling nozzle. (2) Landscape irrigation by systems from which the sole source is treated wastewa- ter effluent. (3) The operation of irrigation systems for system repair and maintenance. (4) Flushing of water mains required for nor- mal water main clearance and mainte- nance and for maintenance of water qual- ity; however, where practical, contractors and utilities shall direct flushed water into pervious areas, flush at the minimum rate necessary for cleaning and disperse water in such a manner to benefit local vegetation. (5) Landscape irrigation for purposes of wa- tering in fungicides, insecticides and her- bicides as required by the manufacturer or by federal or state laws; however, this exemption applies only to licensed pest control and herbicide operators and shall be limited to manufacturers' recommen- dations. (6) Landscape irrigation for the purpose of watering in newly planted grass and foli- age for the first forty-five (45) days after initial installation, (7) Irrigation activity for dust emissions re- quired by court, village ordinance or ad- ministrative action. (8) Landscape irrigation by systems whose sole source of water is a surface water system. (Ord. No. 6-81, § 3, 5-14-81; Ord. No. 6-85, § 1, 5-9-85; Ord. No. 38-96, § 1, 10-10-96; Ord. No. 20-98, § 1, 8-27-98) Sec. 19-203. Enforcement—Generally. Every police officer or code enforcement officer of the village shall in connection with all other duties imposed by law, diligently enforce the provisions of this law. (Ord. No. 6-81, § 4, 5-14-81) § 19-204 NORTH PALM BEACH CODE ( , 1 Sec. 19-204. Same—Emergency power. In the event a further emergency arises which needs immediate remedial action, the mayor is authorized to take such action without prior coun- cil approval. (Ord. No. 6-81, § 9, 5-14-81) Sec. 19-205. Exception to maintain sanita- tion. The village manager upon the recommendation of the appropriate local authority or department of environmental regulation or upon his own recognizance shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health, public safety, and san- itation standards, (Ord. No. 6-81, § 6, 5-14-81) Sec. 19-206. Penalties. Violation of any provision of this article shall be subject to the following penalties: (1) First violation—Warning: (2) Second violation—Twenty-five dollars ($25.00); (3) Third violation—Fifty dollars ($50.00); (4) Fourth violation and subsequent viola- tions—Misdemeanor as authorized by the village Code. (Ord. No. 6-81, § 5, 5-14-81) ARTICLE X. ALARMS* See. 19-207. Definitions. For the purpose of this article, whenever any of the following words or terms are used herein, they shall have the meaning ascribed to them in this —section---- Alarm system means any device which is used in a building or premises for the detection of unauthorized entry, burglary, or any other crimi- nal activity or fires, and which when activated *Cross references—False fire alarms, § 12-3; licenses and miscellaneous business regulations, Ch. 17; false alarm of need for police or ambulance assistance, § 19-7. emits a sound signal, or message to alert others, whether emitted on or off the premises or to the central office of an alarm business. Alarm business means any person engaged in the business of selling, leasing, monitoring, main- taining, servicing, repairing, altering, replacing, moving or installing any alarm for any building place or premises. Alarm user means any person using an alarm or occupying and controlling a premises or build- ing, or a portion of a premises or building, served by an alarm and shall include any part owner, joint owner, tenant in common, tenant in partner- ship, joint tenant or tenant by the entirety of the whole of part of a building having an alarm -system. Calendar year means the time span from Jan- uary 1 through December 31. False alarms means all activated alarms, re- sponded to by the public safety department, which do not qualify as permitted alarms, including, but not limited to, alarms activated through inadvert- ence, neglect, accident, faulty installations or maintenance. Permitted alarm means all those alarms acti- vated by illegal entry or in response to criminal activity or fire and includes alarms activated solely by an act of nature not contributed to by faulty maintenance, installation or use. Person means an individual, partnership, asso- ciation or corporation. Property owner means the person, if other than the alarm user, who possesses legal ownership to the building or premises, in which the alarm system is installed. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) –Sec.- -1-9i;208.– Alarm - system -permit-required-;- Supp. No. 16 1238 No person shall have an alarm system in- stalled to be operational, or use an existing alarm serving a premises or a building, or portion thereof, occupied or controlled by such a person, unless an alarm permit has been issued hereunder, and is in force, authorizing the use of such alarm. The alarm permit shall constitute a regulatory li- OFFENSES AND MISCELLANEOUS PROVISIONS cease. For any alarm system existing prior to the effective date of the ordinance from which this article derived, an alarm permit application shall be made within sixty (60) days from notification by the village to the alarm user. Alarm system permits shall first issue for the period from Au- gust 1, 1993, to January 1, 1995, and on an annual basis thereafter. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No. 14-93, § 1, 6-10-93) Sec. 19-209. Application for alarm system permit. (a) Applications for alarm system permits shall be made to the director of public safety on forms provided by the public safety department. The application shall be signed by the alarm user and shall provide the following information: (1) Name, address and telephone number of the alarm user; (2) Address and telephone number of the alarm user's premises or building to be served by the alarm; (3) The name, address and telephone number of the person or persons in charge of the premises or building served by the alarm; If not the alarm user, the name, address and telephone nin-riber of the property owner; trx Mile nannes, address rij The ddress and telephone nuin- hers of two (2) persons tbat shall respond to assist public safety personnel at the site of the alarm in case of problems. These persons must be available for twenty- four (24) hour per day contact and re- spond within one (1) hour if requested. These persons are required to possess the authority to access and inspect the pre- mises in order to evaluate any problems and make an official report if necessary. (6) The name, address and telephone number of the person or entity installing the alarm, (7) The name, address and telephone number of the person or entity monitoring the alarin; Supp. No. 33 1239 § 19-210 (8) The name, address and telephone number of the person or entity providing mainte- nance and repair service to the alarm; (9) An agreement by the alarm user, binding upon the alarm user's heirs and succes- sors in interest, to promptly pay or law- fully contest any penalties assessed against the alarm user for an excessive number of false alarms as described in this article. (b) An amended application shall be filed within ten (10) days after any change in the information provided in the application. Upon such amend- ment, a new alarm pern-rit shall be issued without charge or fee. (c) Failure to comply with any items in section 19-209(a), and (b), shall result in a service fee of twenty-five dollars ($25.00)" per incident. This fee shall be assessed at time of discovery unless, it is being disclosed at time of permit renewal. (Ord. No. 11-91, § 1, 11-12-81; Ord. No, 11-903, § 1, 4-22-933) See. 19-210. Term of permit; fee; nontrans- ferable. (a) An ij idivid ual alarm system permit shall be issued to single family residences. (b * ) An individual alarm system permit shall be issued to any occupant of a multi-unit dwelling or commercial building wishing to install a person- alized alarm system within the building already permitted for is controlled by a single person or entity residing or leasing within the building, that may already possess an alarm system permit as described in section 19- 210(c). (c) In multi -unit structures, whether residen- tial or corni-nercial, an individual alarm system permit shall be issued for an alarm system that is used as a common alarm system throughout the premises. W The alarm system permit shall be issued the alarm user by the director of public safety prior to the alarm system being placed into ser- vice. The fee for this perinit is twenty-five dollars ($25.00) and shall be renewed each calendar year. § 19-210 NORTH PALM. BEACH CODE (e) The public safety department shall issue a decal specifying the permit number with each permit issued. The alarm user shall post the initial decal prominently on or near the front entrance to the premises such that the permit number provided on the decal is visible from outside the structure. (f) Any alarm system permit issued pursuant to this article shall not be transferable or assign- able and shall cover only one (1) building or premises. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93: Ord, No. 36-2000, § 1, 11-14-00) See. 19-211. issuance of alarm system per- mit. An alarm systein permit shall be issued to the alarm user by the director of public safety within thirty (30) days after receipt of the completed application by the director of public safety. An alarm system permit shall be denied if: (1) The requested information is not supplied on the application. (2) Material information on the application is incorrect. (3) Any person or entity listed on the appli- cation under subsections 19-209(a)(6) through (8) does not possess any required business tax receipt or regulatory license to conduct activities required by subsec- tions 19-209(a)(6) through (8), unless the person or entity is the alarm user. The departmei-it of public safety shall. give notice of the permit expiration date and need for re- newal, with a due date speciffed in said notice. Application for renewal will require a twenty-five- dollar permit renewal fee and updated inlbri-iia- --t4on (9). Failure to return the renewal application and. renewal fee by the due date specified in the notice shall result in a twenty-five-dollar late fee being assessed. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord, No. 13-2001, § 1, 5-10-01; Ord. No. 17-2004, § 1, 7-22-04; Ord. No. 2006-28, § 7, 12-14-06) Sapp. Na. 33 1240 See. 19-212. Excessive false alarms declared a public nuisance. The emission of false alarms within the. calen- dar year as cited in section 19-213(1) and (2) is excessive and constitutes a serious public nui- sance, and is hereby declared to be unlawful and a violation of this section. No person shall allow, permit, cause, or fail to prevent, the emission, for any reason, by any alarm used by him, or any alarm serving premises or a building occupied and controlled by such person, of more false alarms as cited in section 19-213(1.) and (2) within the calendar year. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) Sec. 19-213. False alarm service charge; col- lection. AD. alarm user shall pay the following fees to the village for responses to excessive false alarms by the public safety department within the calen- dar year. Residential properties: (1) In a single alarm user promise, there shall be no charge for a response to the first three (3) alarms within the calendar year. (2) In a multi -unit structure where an alarm system permit has been issued for a com- mon alarin system, the no charge sched- ule of service fees reference false alarms within the calendar year scale will be as follows: 2-20 units — Three (3) no charge false alarms 21-40 units — Four (4) no charge false -alarms — Six f6) no charge false alarms 61-80 units — Eight (8) no charge false alarms — Ten (10) no charge false alarms 101-120 units — Twelve (12) no charge false alarms 41-60 units 81-100 units OFFENSES AND MISCELLANEOUS PROVISIONS 121 or more units — Fifteen (15) no charge false alarms Coininercial, industrial properties: There shall be no charge- for a response to the first three (3) alarms within the calendar year for a commercial or industrial property. For residential properties, there shall be a service fee charge of fifty dollars ($50.00) for response to any false alarm in excess of the allotted no charge false alarms within the calen- dar year. For a commercial or industrial property, there shall be a service fee charge of one hundred dollars ($100.00) for response to any false alarm in excess of the allotted no charge false alarms within the calendar year. The director Of public safety shall keep a record of whenever a false alarm has been responded to by the public safety department, and shall note the frequency of'such false alarms for each alarm user. The public safety department shall notify each alarm user. The public safety department shall notify each alarm user of the service fee charges to be paid within thirty (30) days after demand. If the alarm user fails to comply with this notice, the public safety department will notify the village clerk to send notice for the alarm user to appear before the code enforcement board. (Ord. No, 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No. 26-2003, § 1, 9-25-03) See. 19-214. Penalty. Any person who shall violate the provisions of this article shall, upon conviction thereof, be punished as provided in section 1-8 of this Code. (Ord. No. 11-81. § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) See. 19-215. Interference with public safety department telephone trunk lines prohibited; alarm busi- ness central office required; identification required. (a) No person shall use or cause to be used a telephone or electronic device or attachment that automatically selects a public primary telephone Supp. No. 33 1241 § 19-217 trunk line of the public safety department or any other department or bureau of the village, and then reproduces any prerecorded message to re- port any burglary, unauthorized entry or other emergency. Any such alarin system shall be dis- connected and its use discontinued within sixty (60) days of enactment of this article [Ordinance 11-931 . (b) No person shall provide alarm service sys- tem programmed to a central alarm reception office unless it shall have the central office staffed at all times, twenty-four (24) hours a day, includ- ing holidays. (c) Any staffniember of a private alarm service system reporting an alarm activation to which the public safety department response is requested shall identify himself and state the name and telephone number of the alarm business by which such response is requested. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1. 4-22-93) See. 19-216. Audible alarms. All alarms which may be beard in any public place shall be equipped and maintained to auto- inatically cut off no longer than thirty (30) min- utes after being set off. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) See. 19-217. Enforcement through code en- forcement board. The director of public safety may initiate action before the code enforcement board of the grillage to obtain compliance with this article. Any notices of appearance before the code enforcement board shall be sent to both the alarm user and property owner, if different, on the authority of the code enforcement board through the village clerk's office. The board shall have authority to place a lien against the property served by the criminal detection or fire alarm systems in. the amount of all service charges assessed by the village pursu- ant to section 19-213 above. If the alarm user and property owner are different, the code enforce- inent board shall have autliority to proceed against 19 -217 NORTH PALM BEACH CODE the alarm user who receives written notice even though the director of public safety has been unable to serve notice upon the property owner. The village may proceed by a suit in a court of proper j urisdictior� to collect such service fee charge after demand therefore has been made by the village and the alarm user has failed to pay same within thirty (30) days after such demand. (Oral. No. 11 -81, § 1, 11- 12 -81; Ord. No. 11 -93, § 1, 4-22-93) Sec. 19 -218. Exemptions. This article shall not apply to any alarms attached to motor vehicles or attached to any publicly owned property. (Ord. No. 11 -81, § 1, 11- 12 -81; Ord. No. 11 -93, § 1, 4- 22 -93) Sec. 19 -219. Alarm user standards. All alarm systems installed within the village shall meet or exceed the standards of, and be listed, by, Underwriters Laboratory, Inc., and the Standards of the National Fire Protection Associ- ation.. (Ord. No. 11 -81, § 1, 11- 12 -81; Old. No. 11 -93, § 1, 4-22-93) ARTICLE XI. WELLFIELD PROTECTION See. 19 -220. County wellfield protection or- dinance adopted by reference. The village adopts, by reference, the county wellfield protection ordinance (Ordinance No. 88- 71). (Ord. No. 22 -90, § 1, 6- 28 -90) See. 19 -221. Regulation of business activi- ties with potential to contami- nate land and water resources. A business must notify the county department of environmental resources management of its intent to use, store and/or dispose of those haz- ardous or toxic substances cited in the county wellfield protection ordinance. This requirement shall be impleniented and monitored through the annual renewal of village business tax. receipts. At the time of annual renewal, the applicant shall present proof to the village in the form of a returned receipt of such notification to the county department of environmental resources manage- ment. (Ord. No. 22 -90, § 1, 6- 28 -90; Ord. No. 2006 -28, § 8, 12- 14 -06) Cross reference — Licenses and miscellaneous business celulations, Ch. 17. 1The next page is 1:2591 Supp. No, 33 1242 Chapter 20 PARKS, PLAYGROUNDS AND RECREATION* Art. I. In General, §§ 20.1-20-21 Art. 11. Meetings and Gatherings, §§ 20-22-20-60 Div. 1. Generally, §§ 20-22-20.30 Div. 2. Permit, §§ 20-31-20.60 Art. Ill. Recreation Advisory Board, H 20-61-20-66 *Cross references —Parks division, § 2-85(b); department of public services, § 2.84 et seq.; department of country club, § 2.102 et seq. Supp. No. 3 1289 PARKS, PLAYGROUNDS AND RECREATION § 20-5 ARTICLE 1, IN GENERAL See. 20-5. Traffic. No person in any park in the village or at the See. 20.1, Use by public only; hours regu- North Palm Beach Country Club shall: lated, The use of the public parks and recreation fa- cilities of the village shall be limited for use by the public only between the hours of 7:00 a.m. and one-half hour after sunset each day with the ex- ception of Sunday when the opening hours of such facilities shall be 9:00 a.m.; provided, however, that lighted areas for activities authorized by the recreation department shall remain open for use until 11:00 p.m. Any use of such lighted areas for activities after the hour of 11:00 p.m. shall be by special permit issued by the recreation director. (Code 1970, § 25-1; Ord. No. 201-69, § 2; Ord, No. 30-80, H 1, 2,10-9-80; Ord, No. 11-82, § 1, 6-10-82) See, 20-2. Failure to cooperate in keeping rest- rooms neat or sanitary. No person shall fail to cooperate in maintaining restrooms and washrooms in the public parks and recreation facilities of the village in a neat and sanitary condition. (Code 1970, § 25-29; Ord. No. 201-69, § 13) Sec. 20-3. Erecting buildings or structures. No person shall construct or erect any building or structure of whatever kind, whether perma- nent or teinporary in character, or ruia or string any public service utility into, upon or across, any public parks or recreational facilities except on special written permit issued hereunder. (Code 1970, § 25-32; Ord. No. 201-69, § 16) See. 20.4, Climbing trees, etc. No person shall, in any public park or recre- ational facility of the village, climb any tree or walk, stand or sit upon monuments, vases, foun- tains, railings, fences, or guncarriages, or upon any other property not designated or customarily used for such purposes. (Code 1970, § 25-34; Ord, No. 205-69, § 18) 1291 (1) State motor vehicle laws. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this Code. (2) Enforcement of traffic regulations. Fail to obey all traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and at the North Palm Beach Country Club and on the highways, streets or roads immediately adjacent thereto in accordance with the pro- visions of these regulations and such sup- plementary regulations as may be issued subsequently by the director of public safety. (3) Traffic signs. Fail to observe carefully all traffic signs, indicating speed, direction, caution, stopping or parking, and all others posted for proper control and to safeguard life and property. (4) Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding five (5) miles per hour, except upon such roads as the di- rector of public safety may designate, by posted signs, for speedier travel. (5) Operation confined to roads. Drive any ve- hicle on any area except the paved park roads or parking areas, or such other areas as may, on occasion, be specifically desig- nated as temporary parking areas by the director of public safety. (6) Designated parking areas. Park a vehicle in other than an established or designated parking area, and such use shall be in ac- cordance with the posted directions at such area and with the instructions of any at- tendant who may be present, (Code 1970, § 25-35; Ord, No. 8-71, § 1) Cross reference—Motor vehicles and traffic generally, Ch, 18. § 20-6 See, 20-6, Bicycles. NORTH PALM BEACH CODE No person in any park in the village or at the North Palm Beach Country Club shall: (1) Operation prohibited in certain areas. Ride a bicycle in any area where signs have been erected by order of the director of public safety specifically prohibiting bicycles being ridden in that area. Wherever convenient, bicycles should be ridden on paved vehic- ular roads or paths designated for that pur- pose. (2) Operation in safe manner, etc. Bicyclists shall, at alltimes, operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking, and pass to the right of any vehicles they may meet. (Code 1970, § 25-36; Ord. No. 8-71, § 1) See, 20-7. Responsibility for enforcement of provisions. The recreation director, park attendants and po- lice officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. (Code 1970, § 25-2; Ord. No. 201-69, § 2) Sec, 20.8, Ejectment of violators, The recreation director, park attendants and po- lice officers shall have the authority to eject from any park in the village any person acting in vio- lation of this chapter. (Code 1970, § 25-3; Ord, No. 201.69, § 3) ARTICLE H. MEETINGS AND GATHERINGS* DIVISION 1. GENERALLY See, 20.22, Permittee bound by rules and reg- ulations. A permittee under division 2 of this article shall be bound by all park rules and regulations and all applicable ordinances and provisions of this Code as fully as though the same were set out at length in the permit, (Code 1970, § 25-21; Ord, No. 201-69, § 10) See: 20-23, Permittee's liability for loss or in- . jury. The person to whom a permit is issued under division 2 of this article shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued, (Code 1970, § 25-22; Ord, No. 201-69, § 11) Sees, 20-24-20-30. Reserved. DIVISION 2, PERMIT See. 20-31. Required. If a meeting, gathering or other assemblage for a common purpose, cause, activity or reason, in any park or recreation area, will involve an at- tendance of over ten (10) persons and is not a part of a scheduled program or activity either spon- See. 20-9. Confiscation of property used to vi- sored or officially recognized by the village, or olate provisions, participation or attendance in a sports event at an appropriately designated park area, the person — -T-he-zeer-eatio-n-dir-ectorpar-k.,attendants-and-pD� lice officers shall have the authority to seize and responsible r or in dKare of uZh meeting ory confiscate any property, thing or device in any gathering shall obtain a permit from the recre- village park used in violation of this chapter, ation director before participating or engaging in (Code 1970, S' 25-4; Ord. No, 201-69, § 4) such activity in a park area, (Code 1970, § 25-16; Ord. No. 201-69, § 5) Sees. 20.10-20-21, Reserved. 1292 *Cross reference -- Licenses and miscellaneous business regulations, Ch. 17, (4) (5) (c)) PLANNING AND DEVELOPMENT lage, which is sufficient to ensure the completion of all required improvements. Dedication of necessary rights -of -way for facility improvements pursuant to a pro- portionate fair-share agreement shall be completed prior to issuance of the first building permit. Any requested change to a development subsequent to the issuance of a develop- ment order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require addi- tional mitigation. Applicants may submit a letter to with- draw from the proportionate fair-share agreement at any time prior to the execu- tion of the agreement. The application fee and any associated advertising costs paid to the village will be non - refundable. (i) Appropriation of fair -share revenues (1) (2) (Ord Proportionate fair -share revenues shall be placed in the appropriate project ac- count for funding of scheduled improve- ments in the capital improvements ele- ment, or as otherwise established in the terms of the proportionate fair -share agree- ment. Proportionate fair-share revenues may be used as the local match for any matching requirement for state and fbd- eral grant programs as may be allowed by In "v. In the event a scheduled facility improve- ment is removed from the capital improve- ments element, then the revenues col- lected for its construction may be applied toward the construction of another im- provement within the village that would mitigate t1re impacts of development pur- suant to the requirements of subsection (c). No. 2007-01, § 2, 1-11-07) Sees. 21-49-21-60. Reserved. Supp. No. 33 1363 ARTICLE V. STORMWATER MANAGEMENT* § 21-64 See. 21-61. Adoption; design; applicability. (a) Stormwater management, general, is hereby created as set out in this article. (b) The storniwater management system shall be designed. in accordance with accepted engi-neer- i . ng principles for design floods resulting from rainfall and tidal elevations experienced in the Intracoastal Waterway for storm frequencies as follows in this article. (c) The requirements of this article shall be in effect throughout all areas of the village and shall pertain to all new and existing areas that are redeveloped. (Ord. No. 34-90, §§ 1.1, 1..2, 9-27-90) See. 21-62. Minimum street grades. Minimum street grade shall exceed calculated flood levels resulting from a ten-year frequency starin tide, plus rainfall runoff. (Ord. No. 34-90, § 11(a), 9-27-90) See. 21-63. Level of finished floor of struc- tures. The finished floor of all structures shall exceed the one-hundred-year tidal flooding and rainfall runoff level, but in no case shall be less than eight and five-tenths (8.5) fmt above mean sea level.. (Ord. No. 34-90, § IJ(b), 9-27-90) See. 21-64. Storm drainage facilities gener- ally. Storm drainage facilities, including swales, in- lets and. conduits shall be designed on runoff predicted from a three-year intensity rainfall curve in general use for this area. (Ord. No. 34-90, § 1.1(c), 9-27-90) *Editor's note--Ordinance No. 34-90, adopted Sept. 27, 1990, did not specifically amend this Code, hence, inclusion of § I as Art. V, §§ 21-61-21-70, was at the discretion of the editor. § 21 -65 NOWPH.. PALM BEACH CODE Sec. 21 -65. Roadside swales. Sec. 21 -69. Stormwater retention systems. Roadside swales within street rights- of-way shall be constructed in accordance with approved typical sections for the subdivision under consid- eration. Swale cross - sections shall be designed to carry runoff' up to the edge of pavement, or edge of improved property adjacent to the right -o% -way. Surplus water from the swales shall be diverted into a closed storm drainage system or other approved means. Placement of permitted trees in a swale will be such that, as tree growth occurs, the design and function of the swale are not compromised. (Ord. No. 34 -90, § 1.1(d), 9- 27 -90) Cross reference —Trees in swale areas, § 27 -16 et seq. Sec. 21 -66. Open channels and outfall - ditches. Open channels and outfall ditches for the pur- pose of conveying storm runoff within. any subdi- vision development will not be allowed. N_owever, open channels connecting to tidewater for the purpose of navigational access to existing or pro- posed waterways will be permitted provided they are protected by concrete bulkheads and have a minim urn width of eighty (80) feet and a mini - mum centerline depth of eight and zero tenths (8.0) feet. (Ord. No. 34 -90, § 1.1(e), 9- 27 -90) Cross reference — Bulkheads and seawalls, § 5 -69 et. seq. Sec. 21 -67. Postdevelopment runoff rates, volumes and pollutant loads. The developer /owner of any site shall be respon- sible for the on -site management of storrnwater runoff in a manner such that postd.evelopment runoff rates, volumes and pollutant loads do not exceed predevelopment conditions as per chapters 40E-4, 40E -40 and /or 40E -41, Florida Administra- tive Code. (Ord. No. 34 -90, § 11(g), 9- 27 -90) Sec. 21 -68. Objectives of storrnwater man- agement system design. The design of the storrnwater management system shall provide for protection of natural drainage features and promote the finictions of groundwater recharge areas. (Ord. No. 34-90, § 1.1(bL 9- 27 -90) Sugp. No. 33 1364 Where storrnwater retention systems are re- quired, any modification to, or construction of canals shall incorporate water and habitat qual- ity enhancement features such as planted littoral zones or shallow shelves, bank slopes cond ucive to shoreline vegetation and immediate vegetative stabilization of any bare ground adjacent to the system, as appropriate. (Ord. No. 34 -90, § 1.1(i), 9- 27 -90) Sec. 21 -70. Water duality. (a) Definitions. (1) Authorised official: Any employee of the village authorized in writing by the direc- tor to administer or enforce the provisions of this section. (2) Director: The director of public works_ (3) Discharge: Any direct or indirect entry of any solid., liquid or gaseous matter. (4) Persona: Any natural individual, corpora- tion, partnership, institution, or other en- tity. (5) Site of industrial actiuity: Any area or facility used for manufacturing, process- ing or raw materials storage, as defined under 40 CFR Section 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended. (6) Stormwater: Any storrnwater runoff, and surface runoff and drainage. (7) Stormwater system: The system of'convey- ances used for collecting, storing, and transporting storrnwater owned by the village but not including any facilities intended to be used in accordance with applicable law for collecting and transport- ing sanitary or other wastewater. (b) Water quality. In order to minimize the degradation of water quality in receiving bodies, all development will be provided with landscaped areas, grassed areas or other natural vegetated areas to receive runoff fi om buildings, pavement or other impervious areas to the degree that pollutants from these areas may be absorbed by the vegetation or percolated into the soil. No PLANNING ANDDEVELOPMEW permission to enter after such request has been made, the authorized official is hereby authorized to seek assistance from any court of competent jurisdiction in obtain- in-, entry. Routine or area-wide inspec- tions shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of this section, including but not limited to random sam- pling and sainplingin areas with evidence of stormwater contamination, non- stormwater discharges, or similar factors. (2) Authority for monitoring and sampling. Any authorized official may establish on any property such devices as are neces- sary to conduct sampling or metering of discharges of the stormwater system. Dur- ing any inspections made to enforce the provisions of this section, or regulations or permits issued hereunder, any autho- rized official. may take any samples deemed necessary. (3) ReqUb-einents for ni-onitoring. The direc- tor may require any person engaging in any activity or owning any property, build- ing or facility ( ' including but not limited to a site of industrial activity) to undertake such reasonable monitoring of any dis- charge(s) to the stormwater system and to furnish periodic reports. (Ord. No. 34-90, § LIM', (j), 9-27-90; Ord. No. 8-93, § 1, 2-1.1-93; Ord. No. 2006-24, § 2M2, Sees.. 21-71-21-100. Reserved. ARTICLE V1. ARCHAEOLOGICAL SITE PROTECTION REGULATIONW' See. 21-101. PutTose and intent. (a) It is hereby declared that the protection, enhancement and examination of significant ar- chaeological resources is in the interest of the *Editor's note—Provisions enacted by §§ I—V1111 ol" Ord. No. 6-92, adopted May 28, 1992, Dave been included bercin at the discretion of the editor as Art. V1, §§ 21-101-21-10& Cross references --Code enforcoruent board, § 2-171; build- ings and building regulations, Ch. 6. § 21-103 health, safety and welfare of the people of the Village of'North Palm Beach. It is acknowledged that within the Village of North Palm Beach there exists sites which are of significant archaeological value as prehistoric, historic and cultural re- sources. (b) The purposes of this article are to: (1) Establish a procedure for review of'devel- opment proposals on lands which are iden- tified as containing archaeological re- sources; (2) Establish a method to review the poten- tial archaeological value of previously un- identifledsites. after the discovery of pre- historic and historical artifacts, skeletal or fossilized human remains, or non- human vertebrate fossils during develop- Merit; (3) Establish a mechanism to protect, when appropriate, resources of significant ar- chaeological value identified pursuant to this article that are deemed important by a qualified archaeologist to the prehistory or history of the county, state or nation; and (4) Facilitate protection of resources of signif- icant archaeological value without sub- stantially delaying development. (Ord. No. 6-92, § 1, 5-28-92) f This article is applicable within the incorpo- rated limits of the Village of North Palm Beach and shall apply to: A parcel on which a previously unidentified artifact or any huinan skeletal or fossilized human remain or nor-human verte- brate, fossils of significant archaeological value is lbund during site development. (Ord. No. 6-92, § 11, 5-28-92) See. 21-103. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give tb en-i the meaning they have in common usage and to give this article its most reasonable application. sump. No. 33 1366.1 § 21-103 NORTH PALM BEACH CODE Applicant: Person or entity applying for a cer- tificate to dig. Application: Application for a certificate to dig Archaeological evaluation report: Letter pre- pared by the village's cons-Lilting archaeologist after issuance of a suspension order by the depart- ment. The letter evaluates the potential signifi- cance of an archaeological site. Archaeological site: A property or location which has yielded or might yield in1brination on the county, state or nation's history or prehistory. Archaeological sites are evidenced by the pres- ence of artifacts and features on or below the ground surface indicating the past use of a loca- tion at least seventy-five (75) years ago by people. Archaeological sites include aboriginal mounds, forts, earthworks, village locations, camp sites, middens, burial mounds, missions, historic or prehistoric rums wbich are, or inay be the source of artifacts or other items of significant archaeo- logical value. Archaeologist consultant: Consultant to the com- munity development department who shall be a qualified archaeologist. Archaeologist, qualified: An archaeologist who is a member of, or is qualified for membership in the Florida Archaeological Council or the Society of Professional Archaeologists. Artifacts: Relies, specimens or objects of histor- ical, prehistorical, archaeological or anthropolog- ical nature, over seventy-five (75) years old, which may be found on, above, or below the surface of the earth, including land and water, which have a scientific or historic value as objects of antiquity, as aboriginal relies or as anthropological speci- mens, including but not limited to clothing, tools and weapons made of ceramics, worked stone, sli — -ell-bo-nd-teLth_bLde,-featl-ters--wid-hoi-iiiii(�-t,-tL- coins, glass, beads, building material, daub, and plant fibers. Objects over seventy-five (75) years old but not of significant archaeological value shall not be considered an artifact for purposes of this article. Further, objects- under seventy-five (75) years old and deemed by a qualified archae- ologist to be of significant archaeological value shall be subject to the provisions of this article. Certificate to dig. A certificate that is necessary prior to removal of a suspension order on a site where artifacts or fossilized human remains or non-human vertebrate fossils are found during the development process. Department: Community development depart- ment. Developer: Any person, including a governmen- tal agency, undertaking any development as de- fined. in this article. Development: As defined in Section 380.04, Florida Statutes, as well as site preparation work consisting of excavation, earth moving, and the like. This definition shall not include: (1) the dividing of land into two (2) or more parcels; (2) demolition of a structure except as necessary for construction and occurring after receipt of the valid development order. Development order: Any order granting or grant- ing with conditions an application for a develop- ment permit. Development permit: Means any rezoning, spe- cial exception, special permit, site plan, subdivi- sion plat, excavation or land clearing permit, building permit, or any other official action of the Village of North Palm Beach having the effect of permitting the development of land. Fossil: A remnant or trace of an organism of a past geological age. Significant archaeological value: An arebaco- logicalsite, fossil or artifact which could yield or has yielded in1brination deemed by a qualified, archaeologist to be of significant scientific, bistor- ical, et _Inic.D .puhH_c sigficanA J stary _oIL prehistory of the county, state or nation. Suspension order. Order suspending construc- tion work directly over the potential archaeologi- cal find. During the initial site visit, a qualified archaeologist may extend. the boundary of the suspension order based on the potential signifi- cance and geographic coverage of the find. Supp. No. 33 1366.2 POLICE Sees. 23-1-23-15. Reserved. ARTICLE 11. RESERVED* Sees. 23-16-23-41. Reserved, ARTICLE 111. RESERVE FORCE See. 23.42, Created; purpose. In order to provide for the public safety in time of emergency and in order to supplement the ef- fectiveness of the village department of public safety at all times, there is hereby created and established a reserve police force for the village, (Code 1970, § 29-41) See. 23-43. Application for membership. (a) Applications for membership in the reserve police force shall be made in writing by interested persons, addressed and delivered to the village manager on forms supplied by him for such pur- poses. (b) The village manager shall be authorized to require all such applicants to stand such exami- nations as to physical and mental fitness as may be prescribed, from time to time, by the council and the manager shall investigate or cause to be investigated the character and reputation of ap- plicants for memoership in the reserve police force, (Code 1970, § 29-42) See, 2344. Reserve list to be maintained. The name of every applicant found by the vil- lage manager to be physically, mentally and mor- ally fit for service in the reserve police force shall be placed upon an eligible list to be kept by the manager and such list shall be kept on file in the village hall. Such list shall be revised, from time *Editor's note—At the discretion of the editor, H 23 -16- 23.20, relative to the police relief and pension fund generally, and H 23-28-23-30, relative to the board of trustees, have been deleted as being superseded by provisions codified as Ch. 2, Art, V, Div. 4, § 2-169 et seq. of this Code. The deleted provisions derived from Code 1970, §§ 26-49-26-56. 1465 § 23.48 to time, and the names of all persons thereon who have not been appointed members of the reserve police force within a year after the name of such person was placed upon such list shall be stricken by the village manager. However, this shall not prevent the person whose name has been so stricken from making a new application for such reserve police service, (Code 1970, § 29-43) See, 23-45. Appointment to serve by director of public safety, The director of public safety is hereby autho- rized and directed to appoint from the list pro- vided for in section 23-44, reserve police personnel to serve in the village reserve police force in such total number as shall be prescribed, from time to time, by the village manager. Such appointees shall serve an indefinite period and may be re- moved at any time, with, or without cause, upon written notice given by the village manager. (Code 1970, § 29-44) Sec. 23-46. Resignation. Appointees to the reserve police force may, at any time, resign upon submitting their written resignations to the village manager, (Code 1970, § 29-45) See. 23.47, Oath required. Before entering upon his duties as a reserve Dolice officer. each officer qhnil rnnka nnf.h hpfnrp the village clerk that he will uphold and defend the Constitution of the United States and of the state, and that he will enforce the ordinances of the village, and all lawful orders, rules or regula- tions promulgated under authority of the Charter and ordinances of the village. (Code 1970, § 29-46) See. 23.48, Powers and duties. While on duty under the orders of the director of public safety, reserve police officers shall pos- sess all of the powers and perform all of the duties and functions of members of the regular police force of the village. (Code 1970, § 29.48) § 23-49 NORTH PALM BEACH CODE Sec, 23-49. Um-forms and insignia, (a) When called for training in service, or for active duty, reserve police officers are hereby re- quired to wear such identifying uniform and in- signia as may be provided, from time to time, by the village. (b) It shall be unlawful for any reserve police officer to wear such identifying uniform and in- signia except while on duty. (c) It shall also be unlawful for any reserve po- lice officer to attempt to enforce any ordinance, or to carry out any order, rule or regulation of the village while such reserve police officer is not wearing such identifying uniform and -insignia. (Code 1970, § 29-49) See. 23-50. Compensation. Reserve -police !officers shall not receive any wage or pay 'for their service as reserve police officers of `thew'allage (Code 1970, MM (The next page is 15171 Ord. No, 2011-11 2011-14 CODE COMPARATIVE TABLE Adoption Section Date Section this Code App, C, § 45- 35J.U.A.3 6-23-11 2 5-84(5) Added 5-84(13) 7-14-11 2 Rpld 2-116 Supp. No. 51 2893 [The next page is 29331 M ABANDONMENT Abandoned real property .... ...... See: PROPERTY Boats Boat launching area; abandoned boats and equipment .................. Generally.... ............... Discarded materials, (vehicles, boats, etc.) Abatement of public nuisances on pri- vate property . .......... ....... See- NUISANCES Dogs, other animals. .................. ACTS BY AGENTS Definitions and rules of construction ..... ADMINISTRATIVE CODE Audit committee., . .......... See: AUDITS Bonds required of certain officers ........ Definition. . ................... ........ Departmental organization . Oaths Ol'office Chief administrator and officers, form of oath. . ............. ...... Members of department of public safety, form of oath ......... ___ ..... Persons required to take oath of office - Policy and procedures Department heads., Departments ........... Officers, ...... ADULT ENTERTAINMENT ESTABLISH- MENTS Zoning regulations re. See: ZONING (Ap- pendix C) ADVERTISING Handbills; distribution restricted........ Noise control policy re loudspeakers and devices for advertising ............. Signs and outdoor displays .............. See: SIGNS AND BILLBOARDS AFFIDAVITS I-Tome occupations; local business tax Affidavit of applicant required........ . AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR SWORN AGREEMENTS. See: CONTRACTS AND AGREEMENTS [0 *M' 1I Section 15-11 et seq. 5-36,5-37 5-8 14-79 et seq. 4-10 1-2 2-56 et seq. 2-42 2-39 2-40 Section ALARMS (Cont'd.) Code enforcement board, enforcement through. . ............. .... 19-217 Definitions 19-207 Exemptions ......... 19-218 False alarms Excessive false alarms declared public nuisance.. . _ _ . ............. Service charge; collection .... Fire division equipment; fire alarm system Fire prevention and protection Florida fire prevention code Review of construction plans and fire suppression, detection and alarm systems and establishment of fee schedule. . .... _ .......... Identification required .................. System standards. 'Iblephime trunk lines Interference with public safety depart- ment telephone trunk lines es prohib- ited....... __ ........... Violation and penalty ...... __ .... 19-7 19_105 6-110 et seq. 17-3(e) ALARMS ALCOHOLIC BEVERAGES 2-41(b) Consumption on playgrounds and public 2-41(c) parks ....... _ ..... _ ...... - 2-41(a) Nudity, partial nudity, sexual conduct; pro- Issuance— ..... hibited at alcoholic beverage estab- 2-43(b) lishments ......................... 2-43(c Sales restricted; hours of sale . ..... __ 2 -43(a State law definitions adopted ... Zoning Location of business for retail sales of alcoholic beverages .............. C-3 Regional Business District...... 19-7 19_105 6-110 et seq. 17-3(e) ALARMS Alarm business central office required.... 19-215 Alarm permit required . ....... _ ....... 19-208 Application for .... ............... 19-209 Issuance— ..... 19-211 Terms-, fees; nontransferable , . . – . . . . . 19-210 Audible alarms . .......... ......... 19-216 AMBULANCES Definition ...... ...... ....... Unlawful oneration . . .......... AMUSEMENTS AND AMUSEMENT PLACES Coin-operated amusements; proximity to schools restricted ...... ......... Supp, No. 48 2935 AND, Olt Definitions and rules of construction ANIMALS AND FOWL Abandoning ......... .............. Birds Molesting songbirds ....... ....... Village designated bird sanctuary; hunt- ing prohibited. . .......... Cats. See hereiri: Dogs and Cats Code enforcement, applicability re ...... Contagious diseases, animals with Cruelty to animals ... Definitions .......... ...... 19-212 1.9-21.3 12-53 12-18 19-215 19-21.9 19-215 19-214 3-3 3-4 3-2 3-1. 45-20(2), 45-36.N 45- :34.1(9) 17-50 17-51 19-4 1-2 4-10 4-9 4-2 2-173 4-11 4-7 4-1 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Coned-) APPEARANCE PLAN (Appendix A) (Coned.) Dogs and cats Criteria for appearance Collar and tag Building and site to adjoining area, re- Required .......................... 4-25 lationship of _ _ , ........... IVfB) Unauthorized removal ....... 4-26 Building design ... ......... IV(D) Impoundment Buildings to site, relationship of....... PI(A) Disposition upon owner's failure to Evaluation, factois, for ....... ___ IWID redeem ......... Notice. 4-30(d" Landscape and site treatment. . lVfC_) ......... _ ............. Redemption by owner ... _ - . ..... 4-30(b) 4-30(c) Maintenance-planning and design fac- Required .......................... 4-30(a) tors ... ....... 1V(G) Inoculation .......... ....... ..... 4-24 Miscellaneous structures and street hard- Prohibited in certain areas; exceptions. 4-27 ware ......... IV(F) Rabies control- See herein that subject Signs .... ....... IV(E) Registration ........... ...... 4-24 Definitions ....... Vill Running at large Maintenance for good appearance Cats ............... ... 4-28(c) Buildings and appurtenances.......... VII(B) Dogs in parks and on streets and Public property. . ....... ......... VII(C) sidewalks .. — _. . ....... 4-28(a) Site — . ... ........ ............. VII(A) Dogs on property of others.......... 4-28(b) Participation and incentives ...... VI Vicious, biting and attacking dogs 4-29 Statement of policy .................... 11 Waste removal Persons walking dogs responsible for ARCHAEOLOGICAL SITE PROTECTION removal of waste.... ......... 4-31 Appeals ...... ................... 21-1.07 Waste-removal implements, persons Applicability., __ ........... .... 21-102 walking dog to carry .......... 4-32 Archaeological review, development sub- Enforcement ject to, — _ . . . _ . ............. 21-104 General enforcement 4-5 Certificate to dig ... 21-105 Hindering enfbrcement .......... 4-4 Cost ....... ...... ................. 21-106 Fight, causing animals to... ........... 4-8 Definitions . .... .... _ ...... ........ 21-103 Keeping certain animals prohibited; excep- Hearing .......... ............ ... 21-108 tion ..... ...... 4-6 Intent ....... ....... ......... __ 21-101 Killing_ . . ................ __ .... 4-3 Purpose., . ......... .......... 21-101 Molesting songbirds or domestic pets ..... 4-9 Violations and penalties ................. 21-108 Noise control policy re animal noises ..... 19-107 Nuisances, animals creating.. ., . ........ 4-12 ASSEMBLIES Poisoning .... ................. _ .... 4-3 Meetings of boards and commissions; ad- Rabies control journment of , _ _ . ....... 2-3 Death or destruction, reporting, ...... 4-46 Meetings of specific boards, etc. See spe- Muzzles; when required_... ... 4-45 cific subjects Rabid animals Park and recreation area; meetings and Confinement ...... ...... 4-43 gatherings ..... ........... 20-22 et seq. Duty to report; impounding......... 4-44 See: PARKS, PLAYGROUNDS AND Nuisance, declared ................. 4-42 RECREATION ANNEXATION ATLANTIC OCEAN Planning and development; filing fees and Regulations governing construction of docks, cost for voluntary annexation of land 21-2 piers in Lake Worth and Atlantic Ocean ........ ........ ........ 5-85 ANTENNAE Zoning regulations. . ... ...... 45-21 AUDITS Audit committee APPEARANCE PLAN (Appendix A) Access to records ..................... 2-56 A;/com;(Note--Section citations contained Administrative services. . ............. 2-57 herein refer to section citations found Composition; terms; vacancies ......... 2-52 within Appendix A.) Created. . ... _ ................. 2-51 Administration .. . ............. ....... V Duties. . ..... ........ .... 2-54 Areas of jurisdiction. ...... ........ III Organization ......................... 2-53 Basis.. . _ . . ......... ............ I Removal ...... ........ ........ 2-55 Supp. No. 48 2936 CODE INDEX Supp. No. 48 2937 Section Section B BOATS, DOCKS AND WATERWAYS (Cont'dA Construction requirements BATHING Bulkheads and seawalls Diseased persons prohibited from bathing Compliance with provisions required 5 -69 in public pools, etc. 19 -3 Inspection required ................ 5 -73 BICYCLES Permit fee ....... . . . . . ..... . ....... 5 -72 Specifications ...................... 5-71 Park regulations ........................ 20-6 Submission of plans and specifica- Subdivisions, required improvements re .......... tious ........ ...... . 5 -70 bikeways .......................... 36 -29,1 Canals BILLBOARDS. See: SIGNS AND BILL_ Canal crossings. . 5 -60 BOARDS Compliance with provisions required 5 -56 Drainage canals . .................. 5 -69 BIRDS. See: ANIMALS AND FOWL General requirements .............. 5 -57 Navigation canals.. . ............... 5 -58 BLOCKS Surety bond prerequisite to issuance Subdivision design standards.....,,.,,.. 36 -18 of building permit in certain BOARDS, COMMITTEES I +:S ANl} COMMIS- cases. ........................ Docks and piers 5-62 SIONS. See: DEPARTMENTS AND Construction in waters other than OTHER AGENCIES OF VILLAGE Lake Worth and Atlantic Ocean, BOXES, DOCKS AND WATERWAYS regulations governing . _ ....... 5 -84 Abandoned boats ....................... 5 -8 Definitions .. . ..... . ............... 5 -81. Abatement of public nuisances on pri- Generally ..... . ................... 5 -82 vate property ...... ............ 14-79 et seq. Lake Worth and Atlantic Ocean, reg- Anohoring and mooring ulations governing construction Mooring limitations in lagoons (private in.... ........................ 5 -85 docks) .......................... 5 -16 Minimum design requirements...... 5-83 Variances ......,............... -.. 5 -86 Unlawfully anchored or moored vessels Erosion control structures Claiming of vessel by owner; payment Construction ...... , 5 -95 of costs ....................... 5 -23 Control ........ , .................. 6 -96 Department of public safety to im- Definitions ....... , .. 5 -93 pound ................ ........ 5 -19 Permitted, when................... 5 -94 Owner to be notified upon impound- Piers. See within this subheading: Docks ment . ........................ 5 -20 and Piers Procedure in event owner cannot be Seawalls. See within this subheading: found . . .... . ....... . .... . .... 5 -21 Bulkheads and Seawalls Reclamation of owner after sale..... 5 -24 Definitions ..... . ....................... 5 -1 Unclaimed vessel to be sold; certifica- Disturbing other boats .................. 5 -6 tion of sale ................... 5 -22 Exhibition boats exempted from certain Authority of city to board boats violating restrictions ........ provisions. . ........... . .......... 5 -17 food damage prevention provisions...... 12.5 -1 et seq. Boat launching area See: FLOOD DAMAGE PREVENTION Abandoned boats and equipment Fueling of marine craft... .... . .... . .... 5 -26 Disposition ..... . .................. 5-36 Health and sanitation requirements Recovery .......................... 5 -37 Cleanliness of docks.,................ 5 -11 Designated; use restricted.. . . . . ....... 5-33 Observance of village health and con - Permits required duct rules. _ ................... 5 -10 Boats remaining for more that 24 Pollution of waterways. ..... ....... 5-13 hours. 5-35 Refuse disposal. ........... 5 -12 Repairs prohibited... ... 5-34 Live aboard boats Vehicleltrailer parking in designated ar- Living aboard boats restricted, , ....... 5 -15 cas ..................... ........ 5 -35 Occupancy of in village waterways.,... 5 -25 Violation; penalty ....... . .. . .. . ...... 5 -38 Marine sanctuaries Bulkhead lines ......... . .. . .. . . . ....... 7 -1 et seq. Designation of waters as marine sanctu- See: BULKHEAD LINES aries Coastal construction code ................ 6 -251 et seq. Area to be regulated ............... 5- 101(c3 See: COA.STALCONSTRUCTIONCODE Areas designated ......... . ........ 6- 101(b) Code enforcement, applicability re ..... , , 2 -173 Construction of provision ........... 5 -1010 Supp. No. 48 2937 NORTH PALM BEACH CODE Supp. No. 48 2938 Section BOATS, DOCKS AND WATERWAYS (Cont'd.) 2-173 Definition ......................... 5-101(a) Mooring, docking, or beaching of boats, on 9-1 et seq. public or private property without 7-2 permission ...... 5-9 Parking 7-19 Boating equipment; parking on residen- 6-150 tial property restricted........... 18-35 Prohibited parking upon right-of-way of specific roadways... ....... 18-34.1 Running engines, hours in residential dis- 27-31 et seq, tricts . ... ......... ...... .... _ _ 5-14 Searchlights, use Of ..................... 5-7 Speed ]in-Aits; wakes ..................... 6-2 Subdivision provisions re waterways ..... 36-22 et seq. See: SUBDIVISIONS (Appendix B) 6-19 Swimming in restricted waters .......... 5-3 Water skiing.... ............. 6-5 Waterways board ... 5-102 et seq. BOISTE FOUS CONDUCT Noisy and boisterous ........ 19-1-06 BONDS Administrative code; bonds required of cer- 20-3 tain officers ....... ....... * 2-42 Cana construction; surety bond prerequi- 6-110 et seq. site to issuance of building permit. 5-61 Finance director, duties re.. . .... .... _ 2-59(7) Village manager ........................ 2-117 BRUSH. See: WEEDS AND BRUSH BUILDINGS 21-63 Appearance code 36-1 et seq. Appeals and review ................... 6-35 Appearance plan ..................... 6-33 Certificate of appropriateness Final hearings... ...... 6-57 Follow -up by building inspector 6-60 Planning commission Action of... ................... 6-58 Approval by.. . ...... ..... 6-59 Preliminary consideration . . ........ 6-56 Definition.. . .............. _ ........ 6-31 Intent and purposes ... ... _ ........ 6-32 Planning commission, powers and du- ties re ................ 6-36 Short title ... ....... ...... 6-30 Appearance plan (Appendix A). See that subject Coastal construction code ..... .... 6-151 et seq. See: COASTALCONSTRUCTION CODE C-ode -enfbreewent,—applicability re 2=173 - Codes Appearance code. See herein that sub- ject Building code .... ...... .... 6-17 Coastal construction code . .... ....... 6-151 et seq. Electrical code ... . ... .............. 11-11,11-12 Energy efficiency building code........ 6-150 :fire prevention code .................. 12-16 et seq. Supp. No. 48 2938 BULKHEAD LINES Section BUILDINGS (Cont'd.) 2-173 Housing code. .... ............... 15-1,15-2 Country club ........................... 9-1 et seq. See: COUNTRY CLUB 7-2 Electrical code.. _ _ _ . ......... 11-11,11-12 Energy efficiency building code 7-19 Adopted by reference ................. 6-150 Flood damage prevention .... ........... 12.5-1 et seq. See: FLOOD DAMAGE PREVENTION Housing code ........................... 15-1,15-2 Landscaping ... .... __ ... .......... 27-31 et seq, Sew LANDSCAPING 7-3 Mininturn construction standards Authority ............................ 6-16 Codes adopted .. . .................... 6-17 Violations and penalty ......... ...... 6-19 Missiles, throwing , _ _ ................ 19-83 Noise from building.. . ................. 1.9-102 Obstructing passageway. .... ........ 19-47 Outdoor displays. See herein: Signs and Outdoor Displays Park and recreation facilities; erecting build- ings or structures. 20-3 Public land, construction on prohibited. 6-1 Signs and outdoors displays . . ....... 6-110 et seq. See: SIGNS AND BILLBOARDS Smoke, dust, odors, liquids, etc. __ . _ 19-9 Spitting in public places prohibited....... 19-5 Stormwater management; level of finished floor of structures .................. 21-63 Subdivision regulations ................. 36-1 et seq. See: SUBDIVISIONS (Appendix B) Swimming pools 25-1. et seq. See: SWIMMING POOLS Zoning regulations.. . ................... 45-1 et seq. See: ZONING (Appendix C) BULKHEAD LINES Code enforcement, applicability re ...... 2-173 Established; designated ....... .... _ _ 7-1 Filling operation beyond bulkhead line pro- hibited ............................ 7-2 Filling permit Application fees... 7-19 Application; issuance ................. 7-18 Expiration date; renewal; revocation... 7-20 Public hearing prerequisite to consider- ation ........................... 7-17 Required ....... ............. ... _ 7-16 Unlawful fill; removal ., ................. 7-3 BULKHEADS - Bulkheads and - seawalls, construction-fe- quiremonts re ..................... 5-69 et seq. See: BOATS, DOCKS AND WATER- WAYS BUSINESS REGULATIONS Ambulances .... 1-7-50, 17-51 Businesses located outside village limits Application 1-br certificate of regulation. 17-34.2 CODE INDEX Section Section COUNTY DEPARTMENTS AND OTHER AGENCIES Definitions and rules of construction ..... 1 -2 OF VILLAGE (Contd.) COURTS Village council .......................... 2 -16 et seq. Court cast Waterways board ....................... 5 -142 et seq. Assessment of additional court costs for DEVELOPMENTS. See: PLANNINGAND DE, criminal justice education expendi- VELOPMENT tures ........................... 1 -9 DISABLEDAND HANDICAPPED PERSONS Applicability of dog probibitions to guide D and service dogs .................s. 4 -27(d) DECALS Parking violations re handicap spaces. , 18 -37 Combat Auto Theft (CAT) ............... 18 -19 DISTRICTS DEPARTMENTS AND OTHER AGENCIES Zoning regulations.. . ............ ...... 45-16 et seq. OF VILLAGE See: ZONING (Appendix C) Administrative code. ..... .......... 2 -39 et seq. DISTURBANCES. See: CIVIL DISORDERS See; ADMINISTRATIVE CODE AND DISTURBANCES Appearance board. See: APPEARANCE PLAN (Appendix A) DOCKS, See: MOATS, DOCKS AND WA'1'EI?- Audit committee ............. . .......... 2 -56 et seq. WAYS See: AUDITS DOCUMENTS AND PUBLIC RECORDS Hoards and committees... . .... 2-1 Department of records Code enforcement. .. . ........ .... 2 -171 et seq. Deputy village clerk Community development department..... 2 -111 et seq. Appointment .k .............. 2-65 See: COMMUNI'T'Y DEVELOPMENT Duties 2 -69 DEPAII,TMENT . .. . . ... . .. . ............... Village clerk; duties Finance, department of.. 2 -59 Election records, keeping pi g ..... 2 -67(5) See: FINANCES Expiration of term, notice of ........ 2 -67 €7j Fire and police retirement board of trust - Official seal, keepiang ......... . ..... 2-67(8) ees . ............................... See; PENSIONS 2 -164 et seq. Record ordinances ................, 2 -67(3) AND RETIREMENT Village council Fire division... .. . ................ 12 -29 et seq. Keep records of council .......... 2 -67(2) See: FIRE PREVENTION AND PRO- Public counncil action 2 -67(4) TECTION General employees retirement board ..... 2-151 et seq. ............. Serve as clerk of council ......... 2 -67 {1) See: PENSIONS AND RETIREMENT Vital statistics, keeping 2 -67(6) Golf advisory board ........ . ............ 9 16 et seq. Police division, duties re records ......... 2- 76(b)(1) See: GOLF ADVISORY BOARD Village clerk and deputy village clerk. See Library board .......................... 16 -16 et seq, n herein: Department of Records Library; department of ...... . . . ...... . .. 2 -93 DOGS Meetings of boards and commissions; ad- Regulations enumerated.... ... 4 -24 et sea. journment of ......... . ............ 2 -3 See: ANIMALS AND FOWL Meetings of specific boards, etc. See spe- cific, subjects DRAINAGE Planning and development board of adjust- Stormwater management... 21-61 et seq. ment .............................. 21 -21 See: STORMWAPER MANAGEMENT Planning commission .................... 21-11,21-12 Subdivision design standards re easements Public safety; department of ............. 2-75,2-76 and rights -of -way .................. 36 -22(b) See: PUBLIC SAFETY DEPARTMENT Zoning; surface water management Public works, department of ............. 2-84,2-85 C-3 Regional Business District ........ 45- 34.1(8) See; PUBLIC WORKS DEPART -MENT DROUGIIT Records, department of ....... . ....... . .. 2-67 et seq. Water shortage ennergencies , ............ 19 -200 et seq. See: DOCUMENT AND PUBLIC RE- See: WNrER SHORTAGE EMERGEN- CORDS CIES Recreation department .................. 2 -110 Recreation advisory board ............. 20 -61 et seq. E See: PARKS, PLAYGROUNDS AND RECREATION ELECTIONS Reserve police; force ........ . ... . ........ 23 -42 et seq. Candidacy See: POLICE Candidates for office; qualifying ....... 10-5 Snpp. No. 48 2941 NORTH PALM BEACH CODE Supp. No. 48 2942 Section Section ELECTIONS (Cont'd.) ENGINE EXHAUST Preservation of notice of candidacy .... 10-6 Noise control policy. . .... ........ 19-108 Conduct of elections ........ ....... 10-6 Early voting, .. — � ... __ ......... 10-7 EROSION CONTROL STRUC'WRES General elections, notice of, 10-3 Construction regulations .. . . ....... 5-93 of seq. Polling locations See: BOATS, DOCKS AND WATER- Designated ......................... 10-76 WAYS Special elections EXCAVATIONS Notice of_ . ......... ...... ........ 10-4 Bulkhead lines .... ......... 7-1 et seq. When held.. . .......... ......... 10-2 See: BULKIIE AD LINES State laws Storinwater management. .............. 21-61 et seq, Applicable state laws adopted. 10-1 See: STORPV1WKl'ER MANAGEMENT Voting machines may be used, state law Street excavations .... 24-16 et seq. applicable ....... ........ 10-7 See: STREETS, SIDFW&I,KS AND PUB- Village clerk, ditties re keeping election LIC PLACES record ................. _ ........ 2-67(5) Voting machines may be used; state law EXCRETA applicable .... ........ 10-7 Dog waste, removal provisions re ..... 4-31,4-32 ELECTRICAL CODE F Amendments, corrections, additions.. . 11-12 Code enforcement, applicability re ....... 2-17" FENCES, WALLS, HEDGES AND ENCLO- SURES ELECTRONIC AUDIO EQUIPMENT Landscaping .............. 27-31 et seq. Noise control ........................... 19-104 See: LANDSCAPING EMERGENCIES Swimming pool requirements ............ 26-5 Ambulances . . ........ ........ ...... 17-50,17-51 FINANCES Emergency management ................ 8-1 et seq. Budget procedures ...................... 2-2 See: EMERGENCY MANAGEMENT Country club Emergency medical services Delinquent accounts; penalties 932 Fees Court cost Billing and collection,,... I1.6-23 Assessment of additional court costs for Establishment., . .... 11,5-22 criminal justice education expendi- Generally ............................ 11.5-21 tures ........... ... 1-9 Fire division ................ ........... 12-29 et seq. Department of finance See: FIRE PREVENTION AND PRO- Finance director; duties TE, CTION Accounts of receipts and cxpendi- Water shortage emergencies 19-200 et seq. tures... ................... 2-5918) See: WATER SHORTAGE, EME RGEN- Budget duties ................. 2-59(2) CIES Cancellation of evidences of old debt 2-59(9) Collect moneys and fees due village. 2-5902) EMERGE NTCY MANAGEMENT Examine books ... ......... ...... 2-59(6) Applicability ............................ 8-2 Financial statements...........,... 2-59(3) Civil disorders and disturbances Fiscal supervision over officers. 2-59(5) Declaration of a state of emergency .... 8-22 Keep accounts.. ............... 2-59(4) Mayor designated local authority forpres- Pay village employees ............ 2-59(11) ervation of public peace . 8-21 Prescribe form. .............. 2-59(1) Declaration of estate of emergency 8-5 Receive and disburse moneys ..... 2-59(10) Definitions ........ .......... 8-1 Responsibility for proceeds of bonds. 2-59(7) Emergency management structure ....... 8-3 Investment policy of the village ........ 2-4 Powers, duties and responsibilities .... 8-4 Pensions and retirement. See also that Termination of a state-of-emergency -subject Length of service award plan for volun- EMPLOYEES. See: OFFICERS AND EM- teer firefighters 2-170 A seq. PLOYEES Pension and certain other benefits for ENCLOSURES. See: FENCES, WALLS, fire and police employees . . . , ... 2-159 et seq. HEDGES AND ENCLOSURES Pension and certain other benefits for general employees.. . . ......... 2-146 et seq. ENERGY EFFICIENCY BUILDING CODE Planning and development; filing fees and Adopted by reference. . 6-150 cost for changes, . ...... 21-1,21-2 Supp. No. 48 2942 M"0310101 0Y.i Supp. No. 48 2943 Section Section FINANCES (Cont'd.) FIRE PREVENTION AND PROTECTION Social security. ........... .......... 2-1:36 et seq. (Contd.) See: SOCIAL SECURITY Exceptions fbr fire suppression services 12 -105 Taxation. See that subject Late fee for failure to reimbursement.. 12-106 Village manager ........................ 2 -118 Records .............................. 12-104 FINES, FORFEITURES ANT) OTHER PEN- Remedies ............................ 1.2 -107 ALTIE S Pension and certain other benefits for fire Code enforcement; fines and liens. _ . 2 -178 and police employees ............... 2 -159 et seq. Code of ordinances, provisions re general See: PENSIONS AND RETIREMENT penalty and continuing violations ... 1-8 FIREARMS AND WEAPONS Parking violation . . . . .. . ....... . ........ 18-37,18-38 Concealed weapons, carrying ............ 19 -184 Pension and certain other benefits for fire Forfeiture; disposition ................... 19 -186 and police employees Possession ........................... ................. 19-183 Board of trustees fir; forfeiture of me-m- Sales restricted bership on board for absenteeism. 2- 164(b) Record of sales required .............. 19-1.85(c) Contributions; forfeitures ............. 2- 163(d) Specified weapons, display and sale of. 19- 185(b) FIRE PREVENTION AND PROTECTION Switchblade knives prohibited......... 19- 186(a) Barbecue grills and similar cooking devices 19 -10 Stench bombs prohibited ................ 19 -82 Code enforcement, applicability re .... , .. 2 -1.73 See. STENCH BOMBS Department of-public safety, provisions re fire division ................ . ...... 2 -76(c) FLOOD DAMAGE PREVENTION See: PUBLIC SAFETY DEPAWPMENT Abrogation and greater restrictions ...... 12.5 -8 Fire division Areas of special flood hazard Composition ......................... 12 -30 Basis for establishment.............. , 1.2.5 -7 Cheated; functions. . ....... 12 -29 'Warnings regarding designations ...... 12.5 -10 Emergency medical technician volun- Building official teers ..................... . ..... 12-32 Designated as flood damage control ad- Equipment ministrator ..................... 12.5 -21. Acquisition .................. . ..... 12-52 Duties and responsibilities ............ 12.5-23 Fire alarm system ................. 12-53 Definitions ............,................ 12.5 -5 Generally ......................... 12 -51 Development permit Housing.... ....... _ ............ 12 -54 Required.......... . . . .............. 12.5 -22 Private use of equipment ........... 12-55 Findings of fact.. . , . .................... 12.5 -2 Tampering with equipment , ........ 12 -56 Flood hazard reduction provisions Impersonating fireman ............... 19 -8 Coastal high hazard areas ............ 12.5 -44 Motor equipment and members' cars des- General. standards ignated emergency vehicles ...... 12 -31 Anchoring.... ___ ..... . ..... . .. 12.5-41(1) Personnel Construction materials and methods 12.5 -41(2) Badges ............................ 12 -41 Enclosures below lowest floor....... 12.5-41(6) Car insignia ....................... 12 -42 NT—b—i .1 a� 4 „€ rir., ., inm«� t... - __.........._....... ....... ......._..J ...1....j.recu 12.K_dtfai .1(5. Other officers accountable to chief... 12 -39 Subdivision proposals ............ . . 1.2.5-41(4) Police assistance ................... 12 -43 Utilities...... ...................,, 12.5 -41(31 Special police powers. . .... . ........ I2 -40 Regulatory floodivays ................. 12.5 -43 Volunteer firefighters, length of service Sand dunes and mangrove stands ..... 12.5 -45 award plan for . . . ............... 2 -170 et seq, Specific standards See: PENSIONS AND RETIREMENT Nonresidential construction......... 12.5 -42(2) Florida fire prevention code Residential construction ............ 12.5 -42(1) Adopted by reference ................. 12 -16 Interpretation .......................... 12.5 -9 Annual fire inspection and establish- Lands to which provisions applies........ 12.5 -6 meat of fee schedule. . .... _ — _ 12 -17 Methods of reducing flood lasses ......... 12.5 -4 Review of construction plans and fire Noncompliance, penalties for ............ 12.5 -11 suppression, detection and alarm Statement of purpose and objectives...... 1.2.5 -3 systems and establishment of fee Statutory authorization .............. . .. 12.5 -1 schedule ........................ 12 -18 Variance procedure .... 12.5-24 Hazardous substances, cost recovery for cleanup, abatement and removal of FLORIDA, STATE OI'. See: STATE Authority of public safety department.. 12 -102 Cost reimbursement to village......... 12 -103 FOLLOWING, PRECEDING Definitions. . . . .............. . ........ 12 -101 Definitions and rules of construction ..... 1 -2 Supp. No. 48 2943 FOOD AND FOOD PREPARATION Barbecue grills and similar cooking devices FORFEITURES. See: FINES, FORFEITURES AND OTHER PENALTIES FOWL. See: ANIMALS AND FOWL NORTH PALM BEACH CODE Section W Section 19-10 HANDBILLS Distribution restricted .................. 19-7 FRANCHISES Enumerated. See Appendix D Use of rights-of-way for utilities.......... 28-1 et seq. See: UTILITIES G GAMBLING Animals, causing to fight ................ 4-8 GARAGE AND OTHER SALES Garage sales ......... __ ... ......... 17-61 Permit required . ............... — 17-62 Violations and penalties ................. 17-63 GARBAGE AND TRASH 17-3(i) Abatement of public nuisances on private property. ....... 14-79 et seq, See: NUISANCES Boats; refuse disposal ................... 5-12 Garbage collection and disposal 17-3(g) Charges - 17--3fe) - Commercial use property waste dis- 14-79 et seq. posal fees and collection proce- 17-3(h) dures ..... ......... — .... 14-30 Fee for excess amounts, from commer- cial establishments 14-28 Generally ... 14-27 When and where paid .............. 14-29 Definition ............................ 14-23 Frequency of collection ........ 14-26 Garbage cans Kept covered ...................... 14-25 Required .......................... 14-24 Landscaping; refuse container areas...... 27-41 Public work-, department Refuse disposal division. . 2-85(2) GATHERING& See: ASSEMBLIES 20-2 GENDER 4-42 et seq. Definitions and rules of construction ..... 1-2 GOLF ADVISORY BOARD Composition and terjns: 9-1-7 Composition .. . .... ........ 9-17(a) Officers.. . ...... ........ 9-17(c) Ilerms .......... 9-17(b) Creation ..... 9-16 Duties . . ...... ....... ............. 9-19 Meetings. . ... .......... ......... 9-18 GUNS. See: FIREARMS AND WEAPONS HANDGUNS. See; FIREARMS AND WEAP- ONS HAN-I)ICAPPED PERSONS, See: DISABLED 17-2 AND HANDICAPPED PERSONS 17-3(b) HAZARDOUS SUBSTANCES 17-3(i) Recovery of costs for cleanup, abatement and removal . . ...... 12-101 et seq. See! FIRE PREVENTION AND PRO- TECTION 17-3(e) HEALTH AND SANITATION 17-3(g) Abatement of public nuisances on private - 17--3fe) - property, . . . ... .......... 14-79 et seq. See: NUISANCES 17-3(h) Animals and fowl, provisions re. 4-11 et seq. See: ANIMALS AND FOWL Bathing regulations 17-3(r) Diseased persons prohibited frorn bath- ing in public pool, etc. .. . . . ...... 19-3 Boats, docks, etc., provisions re ...... ... 5-10 et seq, See: BOATS, DOCKS AND WATER- WAYS Code enforcement, applicability re 2-173 Garbage and trash ...................... 14-23 et seq. See: GARBAGE AND TRASH Park and recreation facilities; failure to cooperate in keeping restrooms neat or sanitary ...... ....... ....... 20-2 Rabies control ..... ........... 4-42 et seq. See: ANIMALS AND FOWL HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HITCHI31KING Prohibitions ... — . . ............. 19-6 HOME OCCUPATIONS Customer service requirements and perfor- mance standards .................. 17-2 Definitions ......................... 17-3(b) Effective date, .......... ... ___ 17-3(i) Local business tax, See also that subject Generally.. . ........ ..: ....... 1 .... 17-16 et seq. Home occupation provisions Affidavit of applicant required .... 17-3(e) Appeals ...... ................. 17-3(g) Requirement-of business tax receipt.– - 17--3fe) - Permitted uses, home occupations as _ – 1.7-3(a) Repeal of ordinances. . .............. ... 17-3(h) Standards .... __ ..... .......... _ ... 17-3(d) Violation of standards or conditions deemed a Code violation .... _._ ..... _ 17-3(r) Supp. No. 48 2944 HORNS Noise control ........................... 19-103 CODEINDEX Supp. No. 48 2945 Section Section 1-10-USING LAND Abandoned real property, ......... . ..... 15-11 at seq. Buildings; construction on public land pro - See: PROPERTY hibited ............................ 6 -1 Boats, docks and waterways Planning and development .............. 21 -01 et seq. Live aboard boats .................... 6-15,5-25 See: PLANNING AND DEVELOPMENT Subdivision regulations ................. 36 -1 et seq. HOUSING CODE See: SUBDIVISIONS (Appendix B) Adopted by reference ............. . ...... 15 -1 Amendments ........................... 15 -2 LANDSCAPING Code enforcement, applicability re ... , ... 2 -173 Accessways ............................. 27 -36 Appearance plan (Appendix A). See that I subject Application of provisions; enforcement.... 27 -33 I'IIPERSONATION Certain yard areas, off- street parking and Impersonating police officer; fireman or other vehicular use areas other village official ................ 19 -8 Existing plant material ............... 27 -67 Installation .......................... 27 -60 IMPOUNDMENT Maintenance— . ...... . ............... 27 -67 Boats, docks and waterways; unlawfully Parking area interior landscaping ..... 27 -65 anchored or moored vessels Perimeter landscaping relating to abut - Department of-public safety to im- ting properties ....,............. 27-64 pound ........................ 5 -19 = Plant material Owner to be notified upon impound- Ground covers.....,.,...........,. 27 -62(e) ment ......................... 5-2615-21 Lawn grass__...................... 27-62(6 Dogs and cats .......................... 4 -:30 Quality ........................... 27 -62(aI INDECENCY AND OBSCENITY Shrubs and hedges... . . ......... 27 -62(c) Adult entertainment establishments Tree species ....................... 27 -62(b) Zoning regulations re. See: ZONING (Ap- Vines ............................. 27- 62(d) pendix C) Required landscaping adjacent to public Alcoholic beverage establishments; nudity, rights -of- way .................... 27 -63 partial nudity, sexual conduct prohib- Scope, applicability ................... 27 -59 ited ............................... 3 -4 Sight distance adjacent to public rights - Topless costumes ............. . .. . ...... 19-64 of -way and points of access....... 27 -66 Vulgar language ........................ 19 -65 Certificate of completion................. 27 -36 Window peeping ........................ 19 -66 Code enforcement, applicability re ....... 2 -173 Completed landscaping required for certif- INSURANCE EXCISE TAXIS irate of use and occupancy.......... 27 -37 Casualty insurance premiums ........... 26 -16 definitions ......... . Property insurance premiums............ 26-17 Improved nonresidential properties in ex- INTRACOASTAL WATERWAY istence on September 23, 1971 Marine sanctuary, designation as ........ 5-101 Applicable requirements .............. 27-40(b) INVESTMENTS Objectives ........................... 27 -40(a) Investment policy of the village , ......... 2 -4 Plamnnrg commission, submission ofplans to .............................. 27 -40(d) J Objectives .............................. 27 -32 Off - street parking landscape manual ... , . 27 -38 JOINT AUTHORITY Plot use plan approval prerequisite to issu- Definitions and rules of construction ..... 1 -2 ance of permits for building and pav- ing_ . .... ... ................... 27-37 K Refuse container areas .................. 27 -41 Scope; applicability ..................... 27-34 KNIVES. See: FIRE, ARMS AND WEAPONS Zoning ordinance, conflict with........... 27 -39 L LIBRARY Damaging property unlawful ............ 1.6 -1. LAKE WORTH Department of library Marine sanctuary, designation as , ....... 5 -101 Librarian ............................ 2 -9:3 Regulations governing construction of docks, Library board piers in Lake Worth and Atlantic Appointment ......................... 16 -17 Ocean., - - - . . . . . .......... 5 -85 Compensation, service Avithout .... .... 16 -20 Supp. No. 48 2945 LIBRARY fConVd.) Composition ............ ........ Established .... ............ ...... Meetings- Organization ... ............ ...... Powers and duties ... ...... Qualifications. . ..... ............... Removal from office ............. Term of office ..... ...... .......... Vacancies. . .......... .......... LICENSES AND PERMITS Alarm permit, See: ALARMS Boat launching area permits,, ......... Bulkhead lines; filling permit........... . See: BULKHEAD LINES Bulkheads and seawalls, . . ....... Code enforcement, applicability re Cominimifty, development department Permits and inspections _ — * ... * * ... Driveways. See herein: Sidewalk and Drive- way Permits Emergency medical services ..... Flood damage prevention development per- mit''.. . ........ ....... ......... Garage, related. sales .............. Home occupations. See also that subject Generally .......... .... ___ ....... Business tax receipt for home occupa- tions ..... ....... Noise control; special permits excepted .. . Park and recreation facilities; meeting and gathering permits, , . . .......... __ See: PARES, PLAYGROUNDS AND RECREATION Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and driveway permits ...... See: STREETS, SIDE WALKS AND PUB- LIC PLACES Street excavation permits ............... Swimming pool permits ......... ....... Utilities Use of rights-of-way for utilities; written permit ..... ......... — ..... _ LOCAL BUSINESS TAX Regulations enumerated ................. See: BUSINESS REGULATIONS LODGING LOGO Village logo.... ......... ............. NORTH PALM BEACH CODE Section Section LOUDSPEAKERS 16-17 Noise control policy re loudspeakers and 16-16 devices for advertising ... 19-105 16-23 16-21 M 16-22 16-19 MANAGER. See-, VILLAGE MANAGER 16-24 16-17 MANGROVE STANDS 16-18 Flood damage prevention provisions.... 12.5-45 MAPS. See: SURVEYS, MAPS AND PLATS 19-208 et seq. MARINE SANCTUARIES Designated. . .................... 5401 5-34 7-16 et seq. MAY, SHALL Definitions and rules of construction ..... 1-2 5-72 2-173 MAYOR Civil disorders and disturbances 2-112(l) Mayor designated local authority for pres- ervation of public peace. . ....... 8-21 Village council; presiding officer at meet- 11.5-21 ings ....... __ ........... ___ 2-18 MEASURES. See: WEIGHTS AND MEA- 12.5-22 SURES 17-62 MEDICAL SERVICES 17-16 et seq. 'Emergency medical services 11.5-21 et seq, See: EIVIE RGENCIES 17-3(c) et seq. MEETINGS. See: ASSEMBLIES 19-119 MISSILES, STONES, ETC, 20-31 et seq. Throwing missiles .................... 19-83 MONTH Definitions and rules of construction .... 1-2 MONUMENTS 24-55 et seq. Subdivisions, required improvements re.. 36-27 MOTOR VEHICLES AND TRAFFIC 24- 28,24 -29 Ambulances ............................ 17-50,17-51 25-3 Businesses located outside village limits; marking of commercial vehicles. . 17-34.13 Combat Auto Theft (CNI') ............ 18-19 28-2,28-3 Discarded vehicles, etc.) Abatement of public nuisances on pri- vate property ................... 14-79 et seq. 17-16 et seq. See: NUISANCES Fire division, provision.-, re cars and desig- nated emergency vehicles.... ....... _ 12-31 et seq. See; FIRE PREVENTION AND PRO- TE, CTION Hitchhiking prohibited. ....... 19-6 1-10 Local business tax; marking of commercial vehicles .... ................... _ 17-33.1 LOTS Motorized scooters ... ........... ...... 18-20 Subdivision design standards. . .......... 36-18 Noise control policy, provisions re ..... _ 19-103 et seq. Zoning regulations . ..... ....... ....... 45-1 et seq. See: NOISE See: ZONING (Appendix C) Park regulations re traffic ... 20-5 Supp. No. 48 2946 CODE INDEX Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) NOISE (Cont'd. ) Parking. See herein: Stopping, Standing Voluntary compliance ................... 19-115 and Parking safety department NUDITY Police division, provisions re traffic .... 2-76 (b)(5) Topless costumes prohibited .......... . .. 19-64 Stopping, standing and parking NUISANCES Parking restricted .................... 18-34 Abandoned real property............... - 15 -11 et sect• Recreational, boating and camping equip- See: PROPEWrY ment, andpersonal recreationaluse Abatement of public nuisances on private trailers; parking on residential prop- property erty restricted ........... . . .. . ... 18-35 Abatement of public. nuisance ......... 14 -82 Signs, parking in violation of.. , , ...... 1.8 -36 Assessment of costs and imposition of Vehicle, trailer or boat parking prohib lien ............................ 14 -83 ited upon paved or unpaved area of Definitions .................. . ......., 14 -79 the road right -of -way of specific Notice of public nuisance; right to re- roadways ....................... 18 -34.1. q uest hearing .. . .. 14 -81 Violations; fines Uses or activities constitut ing a public Handicap spaces ................... 18 -37 nuisance .............. .......... 1.4 -8(} Non - handicap spaces. ... . ... . ..... . 18-38 Animals creating nuisances......... , .... 4 -12 Vehicular operation False alarms Speed limits Excessive false alarms declared public Generally ..................•...... 18 -16 nuisance. ........ ............. 19 -212 Weight limitations on certain roads .... 18 -18 Rabid animals declared nuisance......... 4 -42 MUSICAL INSTRUMENTS NUMBER Noise control ........ . ............... . .. 19 -104 Definitions and rules of construction ..... 1 -2 N O NOISE Animal noises .................. . . . .. . .. 19 -107 OA'T'H, AFFIRMATION, SWEAR, OR SWORN Buildings, premises or property Administrative code, provisions re oaths of Noise from... ...... ........ 19 -102 office ....,...............,.....,.,. 2 -41 Code enforcement, applicability re ....... 2 -173 Definitions and rules of construction ... , , 1 -2 Conduct, noisy and boisterous .. , ........ 19 -106 General employees retirement board; oaths Construction activity, permissible time for 19-211 of office ...... . .................... 2 -154 Definitions ... . .............. 19 -99 Reserve police force; oath required .... , .. 23 -47 Electronic audio equipment .............. 19 -104 Enforcement OBSCENITY. See: INDECENCY AND OB- Anthority ............................ 19 -116 SCENYPY Procedure OBSTRUCTIONS All other noisee - - . . . . ... 9 -1 17(h) 19 • • . . ....... Motor vehicle noise enforcement, op- .Passageways, ubstzucting ................ -47 erating ....................... 19- 117(a) OFFENSES Engine exhaust ......................... 19 -108 Definitions.......... ....,...... 19 -1 Exemptions ............................ 19-120 Enumerated ............................ 19 -3 et seq. Fixed mechanical equipment. . ... . ....... 19 -112 See also specific offenses as indexed Horns and signal devices ................ 19 -103 State misdemeanors adopted ............ 19 -2 Loading, unloading and unpacking....... 19-110 Loudspeakers and devices for advertising. 19 -105 OFFICERS AND EMPLOYEES Measurement procedure ..... ............ 19 -113 Administrative code..................... 2 -39 et seq, Musical instruments .................... 19 -104 See: ADMINIS`.I'RATIVE CODE Noise control measurement standards other Definitions and rules of construction ..... 1 -2 than motor vehicle noise standards.. 19 -118 Elections .... . ........ . ................ . 10 -1 et seq. Noise control policy ........ . ............ 19 -100 See: ELECTIONS Periods of observation ................... 19-114 Finance director ........... ............ . 2 -59 Radios .. ............................... 19 -104 Golf advisory board - .. ....... ......... ._ 9 -16 et seq, Special permits excepted ...... . ......... 19 -119 See: GOLF ADVISORY BOARD Unnecessary, excessive or offensive noise Impersonating village official ........ _ ... 19 -8 Unlawful to make .................... 19 -101 Librarian..... _ _ ......... ....... ...., 2 -93 Vehicle defect or condition of load ........ 19 -1.09 Mayor ........ . ........................ 2-18,8-1.6 Supp. No. 48 2947 NORTH PALM BEACH CODE Supp. No. 48 2948 Section Section OFFICERS AND EMPLOYEES (Cont'd.) PAID, PLAYGROUNDSAND RECRE ATION Pensions and retirement. See also that (Cont'd.) subject Boat launching areas Length of service award plan for volun- Vehicle /trailer parking in designated ar- teer firefighters ................. 2 -170 et seq, eas ...1........ I .......... , ..... 5 -35 Pension and certain other benefits for Buildings or structure, erecting ....... _ .. 20-3 fire and police employees ........ 2 -159 at seq. Department of recreation Pension and certain other benefits for Director's duties general employees. . .... ........ 2 -146 et seq. Conduct community activity ........ 2- 110(21 Social security ............. .......... 2 -136 et seq. Supervise recreation areas.......... 2- 1.10(1) Public safety director .................... 2 -75 Ejectment of violators ............. _ ..... 20 -8 Public works director .................... 2 -84 Enforcement of provisions, responsibility . 20-7 Recreation director ...................... 2 -110 Golf advisory board .................... , 9 -16 et seq. Social security . . ........................ 2 -136 et seq. See: GOLF ADVISORY BOARD See: SOCIAL SECURITY Hours regulated ........................ 20-1 Village clerk and deputy village clerk..... 2 -67 et seq. Meetings and gatherings See: DOCUMENTS AND PUBLIC RE- Liability for lass or injury.... , , <...... 20 -23 CORDS Permit Village manager ........................ 2 -115 et seq. Appeal from refusal to issue .... , ... 20 -35 See: VILLAGE MANAGER Application......... .................. 20-33 OFFICIAL TIME Poem ............................ . 20-32 Definitions and rules of construction ..... 1 -2 Issuance standards ................ 20 -34 Required... . .............. _ ..... 20 -31 OPEN SPACES. See: YARDS AND OPEN Revocation ................ <....... 20 -36 SPACES Rules and regulations, pelmittee bound OR, AND by — . .......................... 20 -22 Definitions and rules of construction ..... 1 -2 Property used to violate provisions, confis- cation of .......................... 20 -9 ORDINANCES. See: CODE OF ORDI- Recreation advisory board NANCES Created .............................. 20 -61 Duties ............................ <.. 20-66 OWNER Meetings ............................ 20 -65 Definitions and rules of construction ..... 1 -2 Officers' quorum, compensation.... , _ .. 20 -64 Removal.. . .............. ......... 20 -63 Y Terms ............................... 20 -62(b) Vacancies ............................ 20 -62(c) PALM BEACH COUNTY. See: COUNTY Restrooms, failure to cooperate in keeping PARKING neat or sanitary ................... 20 -2 Boat launching area Traffic Vehicle/trailer parking in designated ar- Enforcement of traffic regulations ... , . 20 -5(2) eas ............................. 5 -35 Operation confined to roads, . ... ....... 20-5(5) Landscaping, provisions re off- street park- Parking areas designated ............. 20 -5(6) Signs . ............................... 20 -5(3) et seq. Speed of vehicles.. . . ...... .......... 20 -5(4) See: LANDSCAPING State motor vehicle laws .............. 20 -5(1) Parks; designated parking areas......... 20 -5f6) Trees Stopping, standing and parking.......... 18 -34 et seq. Climbing trees, et(;,.,. . ........ 20 -4 See: MOTOR VEHICLES AND TRAF- Use by public only ... . .................. 20-1 FIC Zoning, provisions re off - street parking ... 45-27 et seq. PENAL'T'IES. See: PINES, FORFEFfURES — Sec: ZONING - (Appendix C} _ AND OTHERI'ENNALTIFS _ ._ __ - - - - _ --- PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RE, TfREMENT Alcoholic beverages ICMA defined contribution pension plan Consumption on playgrounds and public Administrative services agreement and parks ........................... 3 -3 adoption agreements ............ 2- 170.14 Bicycles Creation.. . ...... ...... ....... 2- 170.12 Operation in safe manner, etc.......... 20-6(2) Effective date ........................ 2- 170.15 Operation prohibited in certain areas.. 20 -6(1) Vesting period ........................ 2- 170.13 Supp. No. 48 2948 CODE INDEX Supp. No. 48 2948.1 Section Section PENSIONS AND RE NREMEME (Cont'd.) Length of service award plan for volunteer firefighters Benefit formula ... ............. 2-170.6 Contact person ........... ........ — 2-170J0 Effictive date . ....... .............. 2-1,70.3 Eligibility... ................. .... 2-170.4 Entitlement age .................. 2-170.5 Plan, name of . . .............. 2-170.2 Point system .................. ...... 2-170.11 Preretirement death benefit...,....... 2-170.7 Purpose ... . ............... .... 2-170 Sponsor, name of .... 2-170.1 Supp. No. 48 2948.1 Section PENSIONS AND RETIREMENT (Cont'd.) Trustee and contact person............ Vesting provisions, schedule of ........ Village contributions... ... _ _ . . . ... Pension and certain other benefits for fire and police employees Benefit amounts Cost of living ..................... . Disability retirement .............. . Early retirement .................. . .formula .......................... Limitation on ...................... Normal retirement benefit......... . Preretirement death .............. . Termination benefits and vesting... . Board of trustees Bring and defend lawsuits Powers . ....................... Composition ...................... . Forfeiture of membership on board for absenteeism ............... Meetings .......................... Power and authority .... . . . ....... . 'Reports and records. .... ......... Contributions Employer ......................... Forfeitures ........................ Member ........................... State.............................. Definitions ........................... Direct transfers of eligible rollover dis- tribution.... Discharged members ................. False, nusleading statements made to obtain retirement benefits prohib- ited............................ Incompetents ........................ Insurers, tax on ...................... Membership Application for membership ....... . Buy -back of previous service....... . Changes in designation of beneficiary Conditions of eligibility ............. Nonassign ability ..................... Number and gender ................. . Optional forms of benefits ............ . Pension validity ...................... Prior service.. . .... ................. Repeal or termination of plan ........ . Tax on insurers ...................... Pension and certain other benefits for gen- eral employees Bargaining unit employees............ Benefit amounts and eligibility Early retirement Age............................ Benefit ......................... Late retirement ................... . Preretirement death ............... Ref ind of contribution ............. CODE INDEX Section Docks and piers, construction require - 2-148(c) PENSIONS AND RETIREMENT (Contd.) 2- 170.10 Retirement benefit.. . . .... .... ... 2 -170.8 Retirement date .................. . 2-170.9 Termination of employment........ . Contributions Member contributions ............. . Other contributions ................ 2- 161(g) Village contributions .............. . 2- 161(e) Cost of living adjustment ............ . 2-161(b) Creation of plan and trust ........... . 2- 161(c) ,Definitions .................. 2- 161(h) Discharged members ................. 2- 161(a) Distribution of Benefits., ....... . 2- 161(d) Incompetence.. . ...... , 2- 161(f) Maximum Pension Additional Limitation on Pension Ben - efits ... . .... __ . . 2-164(4:) Section 415(b) Internal Revenue Code 2-164(x) Limits ....................... 2- 164(b) Membership 2-164(d) Application for membership ........ 2 -166 Change in designation of beneficiary 2- 164(c) Conditions of eligibility ....... . . . . . . Nonassignability . . .................. . 2- 163(c) Normal and optional forms of benefits . 2- 163(d) Pension validity ...................... 2- 163(a) Repeal or termination of system ...... , 2- 163(b) Retirement board 2 -159 Additional rules and regulations au- thorized ...................... 2 -170 Established ........................ 2- 169(a) investing fiords; custodian of securi- ties.......................... Oaths of office; meetings; quorum ... 2- 169(f) Rollovers, direct transfers of eligible 2-169(d) rollover distribution 2-167 Definitions ........................ General ........................... 2- 160(b) Mandatory distributions............ 2- 160(d) R.nl)nvnrc from mtalifiod nlanc; _ 2- 160(c) Section 401(a)(17) Limitation on Com- 2- 160(a) pensation ...................... 2- 169(b) Social security .......--- 2- 169(e) See: SOCIAL SECURITY 2 -162 Volunteer firefighters, length of service 2- 169(c) award plan for. See herein: Length of 2 -165 Service Award Plan for Volunteer 2 -168 Firefighters 2 -167 PERMITS. See: LICENSES AND PERMITS Section 2- 148(b) 2-148(x) 2- 148(8 2- 150(b) 2- 150(c) 2- 150(a) 2 -158 2 -146.1 2 -146 2- 156(x) 2- 156(h) 2- 156(4) 2- 156(f)(2) 2- 156(f)(1) 2- 147(b) 2- 147(c) 2- 147(x) 2- 156(b) 2 -149 2- 156(c) 2 -155 2-152 2 -151 2 -153 2 -154 2-157(b) 2- 157(a) 2- 157(d) 9- 1.A7[r 7 2- 1.56(8) 2 -136 et seq. 2- 156(e) PERSON Definitions and rules of construction ..... 1 -2 2- 148(d)(1) PIERS 2- 148(d)(2) Docks and piers, construction require - 2-148(c) ments re... 5 -81 et seq. 2- 148(e) See: BOATS, DOCIM AND WATER - 2- 148(8) WAYS Supp. No. 47 2949 PLANNING AND DEVELOPMENT Appearance plan (Appendix A). See that subject Archaeological site protection regulations. See: ARCHAEOLOGICAL SITE PRO- TECTION Board of adjustment Composition; conduct generally Administrative orders, review of .... Created ........................... Decision of administrative official, ap- peals to board from . .... Hearing of appeals ....... _ ....... Judicial review of decisions of board. Membership; terms; alternate; com- pensation .................... Powers and duties .... . ............ Stay of work and proceedings on ap- peal. ....... Community development department Planning division ......... ........ Comprehensive plan Adoption... ................ _ ...... Filing fees and costs for changes Enactment and authority.......... . Fee; application.. . ................. Jurisdiction . . . . . . ................. Planning commission, advise of ..... Concurreacy management Adequate public facilities available to service development. .. _ . ....... Application . . _ . . ........... ....... Definitions_ . ........ Intent and purpose Comprehensive plan, implementa- tion of ....................... Management/monitoring and regula- tory program, establishment of Minimum requirements .. . .... .... Management and monitoring program Amendments to CIE and annual bud- get, recommendations on ...... Annual public facilities update report Generally . . . . . . . .......... ....... Proportionate fair-share program Applicability... .................. Application process . . ....... Appropriation of fair-share revenues Determining proportionate fair-share obligation .................... General -requirements. . ... ...... Impact fee credit for proportionate fair-share mitigation., . . . . . . , . Intergovernmental coordination.... Proportionate fair-share agreements Purpose and intent ................ Regulatory program Exemptions . ........... ....... Generally .......... NORTH PALM BEACH CODE Section Section PLANNINGAND DEVELOPMENT (Contd.) Public facility adequacy, review to de- termine... . ............ ... 21-47(c) 21-101 et seq. Short title ....... _ ............ __ 21-41 Filing fees and costs for voluntary annex- ation of land Enactment and authority ............. 21-2(a) Fees: application. 21-2(c) 21-21(d) Jurisdiction .......................... 21-2(b) 21-21(a) Planning commission, advice of. . .... 21-2(d) Public notice requirements for develop- 21-21(e) ment applications and approvals 21-21(g) Generally . _ . . ....... ........ ..... 21-3(a) 21-21(h) Mailing requirements. . ... ........... 21-3(b) Newspaper requirements ........ 21-3(d) 21-21(b) Posting requirements ............ 21-3(c) 21-21(c) Stormwater management. .. . ..... ..... 21-61 et seq. See: STORAIWATE, R MANAGEMENT 21-21(f) Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) 2-112(3) Zoning regulations ...................... 45-1 et seq. See: ZONING (Appendix C) 21-01 PLANNING COMMISSION Composition; conduct generally 21-1(a) Created .............................. 21-11(a) 21-1(c) Meetings ............................ 21-11(c) 21-1(b) Membership ......................... 21-11(b) 21-1(d) Power.,; and duties .................... 21-11(d) Zoning ordinances, changes to ........... 21-12 21-45 PLATS. See: SURVEYS, MAPS AND PLATS 21-42 PLAYGROUNDS. See: PARKS, PLAY- 21-44 GROUNDS AND RE' CREATION POLICE 21-43(a) Court cost Assessment of additional court costs for 21-43(b) criminal justice education expendi- 21-43(c) tares .. . .... ................ _ 1-9 Department of public safety, provisions re police division ..................... 2-76(b) 21-46(c) See: PUBLIC SAFETY DEPARTMENT 21-46(b) Fire division, provisions re police assis- 21-46(a) tance ... ... _ .... ........ 12-43 Impersonating police officer I . , 1. 19-8 21-48(b) Pension and certain other benefits for fire 21-48(e) and police employees... ........... 2-159 et seq. 21-48(i) See: PENSIONS AND RETIREMENT Reserve force 21-48(f) Application for membership ........... 23-43 21-48(c) Compensation. — .. — - - — - , . . , . — — . - - - - 23-1110 - Created; purpose ..................... 23-42 21-48(g) Director of public safety, appointment to 21-48(d) serve by.. . ..................... 23-45 21-48(h) Oath required. ... ......... .... 23-47 21-48(a) Powers and duties .................... 23-48 Reserve list to be maintained ., _ _ _ 23-44 21-47(b) Resignation ........ _ .......... .... 23-46 21-47(a) Uniforms and insignia ................ 23-49 Supp. No. 47 2950 CODE INDEX Supp. No. 48 2951 Section Section POLLUTION PUBLIC SAFETY DEPAR'T'MENT (Cont'd.) Smoke, dust, odors, liquids, etc........... 19 -9 Divisions Stormwater management provisions re pol- Fire lutant loads .............. . ........ 21 -67 Fire fighting, .................... , . 2- 76(e)(3) Waterways, pollution of ................. 5 -13 Fire prevention........,........,.. 2- 76(c)(4) Wellfield protection Maintain equipment ............... 2- 76(c)(2) Regulation of business activities with Report losses.... 2- 76(c)(1) potential to contaminate land and Generally ........ . ... . ........... . ... 2 -76(a) water resources .... . ............ 19 -221 Police Crime prevention .................. 2-76(b)(3), (4) PRECEDING, FOLLOWING Investigation ... . . . .... . ........... 2-76(b)(3) Definitions and rules of construction ..... 1 -2 Patrol ............ . .... ............ 2- 76(b)(2) Radio ............................. 2- 76(b)(6) PROFANITY Records ............... .......... .. 2- 76(b)(1) Vulgar language prohibited in public places 19-65 Traffic ............ . ............... 2- 76(b)(5) Emergency medical services ............. 11.5 -21 et seq. PROPERTY See: EMERGENCIES Abandonetl real property Additional authority .................. 15 -18 PUBLIC WORKS DEPARTMENT Applicability ......................... 15-13 Director's duties........,............... 2 -84 Def initions ........................... 15 -12 Divisions Immunity of enforcement officer....... 15 -17 Division of facility and fleet mainte- Maintenance requirements............ 15 -15 nance ........................... 2 -85(1) Purpose and intent ................... 15 -11 Refuse disposal ........ ..... ......_... 2 -85(2) Registration of abandoned real property 15 -14 Street maintenance. .................. 2 -85(3) Security requirements ........... . .... 15 -16 Abatement of public nuisances on private R property ........................... 14 -79 et seq. See: NUISANCES RABIES CONTROL Appearance plan (Appendix A). See that Provisions enumerated ................ . . 4 -42 et seq. subject See: ANNALS AND FOWL Boats, docks and waterways; unlawfully RADIOS anchored or moored vessels Noise control ........................... 19 -104 Unclaimed vessel to be sold; certifica- Police division, provisions re radio mainte- tion of sale ...................... 5 -22 nance ........... . . . . . . . . . . ... .... 2- 76(b)(6) Definitions and axles of construction ..... 1 -2 bogs on property of others ........ . ...... 4 -28(b) REASONABLE TIME Insurance excise taxes; property insurance Definitions and rules of construction ..... 1 -2 premiums ......................... Noise from property ............ . ........ 26 -17 19 -102 RECORDS. See: DOCUMENTS AND PUB - Subdivision regulations ................. 36 -1 et seq. LIC RECORDS See: SUBDIVISIONS (Appendix B) RECREATION. See: PARK, PLAYGROUNDS Unauthorized camping or lodging on public AND RECREATION or private property ................. 19 -11 Weeds and brush ....................... 14 -79 of seq. REFUSE. See: GARBAGE, AND TRASH See: WEEDS AND BRUSH RESTROOMS PUBLIC PLACES. See: STREETS, SIDE- Parks and recreation facilities; failure to INTALKS AND PUBLIC PLACES cooperate in keeping restrooms neat or sanitary ........................ 20-2 PUBLIC RECORDS. See: DOCUMEN'TSAND RE, TIREMENT. See: PENSIONS AND RE- PUBLIC RECORDS TIREMENT PUBLIC SAFETY DEPARTMENT Boats, clocks and waterways; unlawfully S anchored or moored vessels Department of public safety to impound 5-19 SAND DUNES Food damage prevention provisions ...... 12.5 -45 Director's duties Designate instructor .......... . ....... 2 -75(2) SANITA ION. See: HEALTIT AND SANITA- Make assignments .................... 2 -75(1) TION Supp. No. 48 2951 NORTH PALM BEACH CODE Section Section SCHOOLS SOCIAL SECURITY (Contd.) Coin-operated amusements; proximity to Withholding and reporting agent......... 2-142 schools restricted . . .... ........... 19-4 Withholding from wages ........ ... _ _ 2-139 SEAWALLS Bulkheads and seawalls, construction re- quirements re ....... ............. 5-69 et seq. See: BOATS, DOCKS AND WATER- WAYS SEXUAL OFFE NDERS AND SEXUAL PRED- ATORS Sexual offender and sexual predator resi- dence prohibition . .... ............ SEXUALLY-ORIENTED ENTERTAINMENT Adult entertainment establishments Zoning regulations re. See: ZONING (Ap- pendix C) SHALL, MAY Definitions and rules of construction SHRUBBERY. See: TREES AND SHRUB- BERY SIDEWALKS. See: STREETS, SIDEWALKS AND PUBLIC PLACES SIGNAL DEVICES Noise control ................. SIGNATURE, SUBSCRIPTION Definitions and rules of construction ..... SIGNS AND BILLBOARDS Code enforcement, applicability re Country club; provisions re signs........ . Outdoor displays. See herein: Signs and Outdoor Displays Parking in violation of signs. . Parks, regulations re traffic signs . ...... Signs and outdoor displays Construction standards. . ...... Design standards ..................... Exempt signs ............ ........... Location standards ................... Measurement determinations ......... Permitted permanent accessory signs.. Permitted temporary signs........... , Prohibited signs . .......... .......... Provisions generally ..... _ ....... Purpose and scope of regulations ...... Severability . ............ ...... Zoning - C- 3- Regional- Business District ...... SPITTING Spitting in public places prohibited.. . ... SPORTS Golf advisory board ..... See: GOLF ADVISORY BOARD STATE Definitions and rules of construction ..... 19-31 STENCH BOMBS Excepted uses .......................... Possession prohibited ................... Throwing or depositing ......... ........ 1-2 19-103 1-2 2-173 9-2 18-36 20-5(3) 6-117 6-117 6-112 6-117 6-116 6-115 6-114 6-113 6-111 6-110 6-118 - 46-34-.1(7) SOCIAL SECURITY 24-29 Agreement authorized., . ..... ......... 2-138 Appropriations by village. .. . . _ . ........ 2-140 Declaration of policy ... ..... 2-136 Exclusions from coverage ................ 2-137 Records and reports.. . ... ...... ....... 2-141 Social security act adopted ., . . .......... 2-143 Su pp. No. 48 2952 STORMWATER MANAGEMENT Adoption ......... __ .............. Applicability ......... .......... Design ........................ _.. _ _ Finished floor of structures, level of .... Objectives of system design.... Open channels and outfall ditches....... Post development runoff rates, volume.- and pollutant loads ...... ......... Storm drainage facilities generally., . .... Stormwater retention systems ..... Streets Minimum street grades ...... Roadside swales, ... . ....... Subdivisions, required improvements re Water quality .................. Zoning; surface water management C-3 Regional Business District . _ . . ... STREETS, SIDEWALKS AND PUBLIC PLACES Code eii1breement, applicability re ... Definitions and rules of construction . Dogs in parks and on streets and sidewalks Excavations Definition .......................... Equipment to be guarded.. . ..... Liability of village ..... ...... Permits 19-5 9-16 et seq. 1-2 19-82(c) 19-82(b) 19-82(a) 21-61 21-61 21-61 21-63 21-68 21-66 21-67 21-64 21-69 21-62 21-65 36-31 21-70 45-34.1(8) 2-173 1-2 4-28(a) 24-16 24-18 24-20 Fees ......... 24-29 Required ........ ......... __ ... 24-28 Protective measures ............. 24-19 Refilling, tamping by excavator........ 24-17 Resurfacing by village ................ 24-17 Handbills; distribution restricted.._.._ . .. .- - - , 19-7 Hilchlaking prohibited ....... 19-6 Landscaping ....... ____ ......... 27-31 et seq. See: LANDSCAPING Missiles, throwing .... ......... 19-83 Motor vehicles and traffic ............... 18-16 et seq- Sea: MOTOR VEHICLES AND TRAF - FTC Obstructing passageway ................. 19-47 CODE INDEX SUBDIVISIONS (Generally) Appearance plan (Appendix A). See that subject Code enforcement, applicability re ....... 2-173 Flood damage prevention provisions...... 12.5-41(4) Zoning regulations ...................... 45-1 et seq. See: ZONING (Appendix C) SUBDIVISIONS (Appendix B) Section STREETS, SIDEWALKS AND PUBLIC PLACES (Cont'd.) Profanity; vulgar language prohibited .... 19-65 Public works department 36-39A Streets maintenance division......,... 2-850 Sidewalks and driveways 36-5 Building official, driveways to be con- 36-6 structed under supervision of..... 24-44 Dangerous or abandoned driveways.... 24-46 Performance of work by village upon failure of compliance ............. 24-47 Permits Driveway construction Application; information required. 24-58 Prohibited in certain instances ... 24-57 Required.. . ........ _ .......... 24-56 Separate permits required for drive- ways and sidewalk construction 24-55 Sidewalks Constructed required in certain cases 24-41 Exceptions to requirements......... 24-42 Specifications Driveways ......... ....... ...... 24-43(c) Generally ... . .............. ...... 24-43(a) Nonconforming driveways .......... 24-43(d) Sidewalks ......................... 24-43(b) Smoke, dust, odors, liquids, etc. . ......... 19-9 Spitting in public places prohibited....... 19-5 Stormwater management, applicable pro- visions re . . . ...... ........ 21-62, 21-66 Subdivision regulations 36-1 et, seq. See; SUBDIVISIONS (Appendix B) Swale areas, sodding required in certain instances. - . . . . ......... .... 24-3 Trees in swale areas . . .... ......... _. 27-16 et seq. See: TREES AND SHRUBBERY Utilities Public utilities, cost of changing or re- moval of ........................ 24-4 Use of rights-of-way for utilities . 28-1 et seq. See: UTILITIES SUBDIVISIONS (Generally) Appearance plan (Appendix A). See that subject Code enforcement, applicability re ....... 2-173 Flood damage prevention provisions...... 12.5-41(4) Zoning regulations ...................... 45-1 et seq. See: ZONING (Appendix C) SUBDIVISIONS (Appendix B) (Note -- Section contained herein refer to sections found within Appendix B) Amendments Public hearing required .............. 36-39A Definitions General terms ........................ 36-5 Specific terms ........................ 36-6 Design standards Alleys . _ _., . ...... 36-20 Sapp. No. 48 2953 SUBDIVISIONS (Appendix B) (Cont'd.) Blocks. See within this subheading: Lots and Blocks Comprehensive plan, conformity with., Easements and rights-of-way Access waterways. . . . ............ Drainage ..... ........ Utilities ......... ....... Lots and blocks Access .................... Block lengths ... ...... Double frontage lots ....... Lot lines ....... __ ..... ...... Lot size ......... .......... ...... Residence lots, minimum ....... Public sites and open spaces ......... Rights-of-way. See within this subhead- ing: Easements and Rights -Of Way Sidewalks ........ ......... ........ Soil and flood hazards, consideration of Streets Adjoining property, street access to.. Arterial streets, subdivisions on..... Culs-de-sac . ...... ___ .......... Half streets _ . . _ . _ . ......... _ Intersection design ................. Minimum street design specifications Minor streets . ... ................. Railroads or limited access highway, subdivisions on ... ........ Street names. Subdivision entrances ... Water bodies, access to ............... Enactment and authority ............... Enforcement provisions Appeals. . .... ...... ................ Erection of buildings and issuance of permits... . .... ... ........ __ General enforcement regulations ... Land clearing, vegetation and wildlife protection and preservation Application procedure for vegetation removal unrelated to building permit applications ......... Exceptions ons . . . , . .... ... ....... Fees ...................... Generally ......... __ ......... Vegetation protection during construe- tion.......................... Vegetation removal permit, applica- tion procedure . . . _ _ . . . ..... Required improvements... .... _ Vegetation. See within this subheading; Land Clearing, Vegetation and Wildlife Protection and Preserva- tion Wildlife protection and preservation. See within this subbeading: Land Clear- ing, Vegetation and Wildlife Protec- tion and Preservation Section 36-17(l) 36-22(c) 36-22(b) 36-22(a) 36-1.8(3) 36-18(6) 36-18(5) 36-18(4) 36-18(1-) 36-18(2) 36-23 36-21 36-17(2) 36-19M 36-19(2) 36-19((1) 36-19(8) 36-19(4) 36-1.9(5) 36-19(l) 36-19(3) 36-19(9-) 36-25 36-24 36-2 36-35 36-38 36-36 36-38.1(31 36-38.1(5) 36-38.1(6) 36-38.1(1) 36-38J(4) 36-38,1(2) 36-37 NORTH PALM BEACH CODE Section Section SUBDIVISIONS (Appendix B) (Contd.) SUBDIVISIONS (Appendix B) (Cont'd.) Jurisdiction ................ ........ 26-3 Wearing surface . . ................. 36-28(g) Legal status Utilities Conflicting regulations, . ............ 36-41 Sanitary sewer ...... 36-32(a) Effective date.. — . ......... ........ 36-42 Septic tanks....................... 36-32(e) Saving clause.. . .............. ...... 36-40 Underground utilities .. . . .......... 36-32(d) Plats, platting Water and sewer systems...... .... 36-32(c) Procedures for subdivision platapproval. Water supply ...... 36-32(b) See herein that subject ................ Wells Procedures for subdivision plat approval Individual wells prohibited in cer- Consti notion plan specifications. , ..... 36-13 tain areas of village - - - 36-32(f) Construction plans procedure Short title ......... 36-1 Preparation of construction plans ... 36-12(1) Submission and review of construc- SUITS AND OTHER PROCEEDINGS tion plans . .... ... .......... 36-12(2.) Code enforcement Surety device, posting of ........... 36-12(3) Limitations on actions for money judg- Final plat procedure ments . .... ................. 2-182 Application for final plat approval. 36-14(2) SURVEYS, MAPS AND PLATS Generally ....... — ... ....... __ 36-14(1) Official zoning map ..................... 45-17 Planning commission action ........ 36-14(4) Subdivision regulations . . ... .......... 36-7 et seq. Planning commission review.. ..... 36-14(3) See: SUBDIVISIONS (Appendix B) Recording of final plat .............. 36-14(6) Village council action. ... .......... 36-14(5) SWALE, AREAS Final plat specifications. ... .......... 36-15 Sodding required in certain instances .... 24-3 General prerequisites to .......... 36-7 Trees in swale areas .................... 27-1.6 et seq, Pre-application conference .......... 36-9 See: TREES AND SHRUBBERY Preliminary plat procedure SWEAR OR SWORN. See: OAT R, AFFIRMA- Application for preliminary plat ap- TION, SWEAR OR SWORN proval ........................ 36-10(1) Developments of regional impact.... 36-10(2) SWIMMING Effect of approval .................. 36-10(9) Bathing regulations; diseased persons pro- Failure of planning commission to bibited from bathing in public pool, take action. . .... _ _ _ _ _ 36-10(8) etc............. .......... 19-3 Fees ....... 36-10(3) Restricted waters, swimming in. 5-3 Notification of action.. . ..... ..... 36-10(7) Planning commission action ........ 36-10(6) SWIMMING POOLS Planning commission review........ 36_10(6) Barrier/fencing requirements ........... 25-5 Review comments ....... __ ...... 36-10(4) Code enforcement, applicability re .. . _ . 2-173 Preliminary plat specifications ........ 36-11 Construction ........................... 25-4 Qualification of person making survey . 36-8 Country club premises regulations ..... 9-1 Reversion of subdivided land to acreage 36-16 Definitions .... ........ 25-1 Purpose and intent ..................... 36-4 Elevation ......... ..... 25-6 Required improvements Final approval ....................... 25-7 Bikeways ............................ 36-29.1 Grade. . .......... __ ........... 1-5-11 Bridges. . ................ ........ 36-30 Permits ... ......... 25-3 General requirements .......... 36-26 Setbacks ... ........... 25-2 Monuments SWITCHBLADE I(NIVE S Permanent control points........... 36-27(b) Sale prohibited ......................... 19-185(a) Permanent reference monuments ... 36-27(a) Planned unit development alternatives, 36-34 T Screening walls and landscaping ...... 36-33 Sidewalks... _ ........ _ ... .... __ 36-29 TAXATION Storm water management. . ........... 36-31 Insurance excise taxes .................. 26- 16,26 -17 Streets Local business tax .... ............ 17-16 et seq. Arterial and collector streets........ 36-28(a) See: BUSINESS REGULATIONS Curb and gutter ................... 36-28(c) Pension and certain other benefits for fire Marginal access streets. . . .......... 36-28(b) and police employees Pavement base .................... 36-28(f) Tax on insurers ..................... 2-167 Subgrade . . . . . ....... ............ 36-28(e) Telecommunications service tax Swales .... ...... ............... 36-28(d) Collection. 26-62 Supp. No. 48 2954 CODEINDEX TELECOMMUNICATIONS Compliance with other laws; police power. Construction bond ................ Definitions ............................. Enforcement remedies.. . ........ ....... Fees and payments ..................... Forcemajeure .......................... Insurance; surety; indemnification ....... Intent and purpose ..................... Registration ............................ Involuntary termination ............. Reports and records ..................... Rights-of-way, use ...................... Security fund ........................... Service tax, generally ................... See: TAXATION Title.... ... ___ .................. Transfer of control; sale or assignment ... Underground installation; relocation ..... TELEPHONES Alarms; interference with public safety de- partment trunk line prohibited ..... TELEVISION Cable television rate regulation .......... TENSE Definitions and rules of construction ..... THEFT Combat Auto Theft (CAT) ............ TIME Definitions and rules of construction ..... TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS Personal recreational use trailers; parking on residential property restricted ... TRASH. See: GARBAGE AND TRASH TREES AND SHRUBBERY Abatement of public nuisances on private property.... ...................... See: NUISANCES Code enforcement, applicability re ....... Landscaping............................ See: LANDSCAPING Missiles, throwing ...................... Parks and recreation facilities; climbing trees, etc. .. . ............ ......... 29-10 29-13 29-3 29-15 29-5 29-16 29-12 29-2 29-4 29-9 29-6 29-8 29-14 26-51 et seq. 29-1 29-11 29-7 TREES AND SHRUBBERY (Cont'd.) Swale areas, trees in Definitions ........................... Maintenance ....................... Planting and removal; written approval required ....... __ ............ Scope., . ............ ................ Variety and location .................. U UTILITIES Flood damage prevention provisions...... Franchises enumerated. See Appendix D Street construction work; cost of changing or removal of public utilities ........ Subdivision design standards re easements and rights-of-way ......... ........ Subdivisions, required improvements re .. Telecommunications service tax.......... See: TAXATION Use of rights-of-way for utilities Code enforcement, applicability re . .... Rules and regulations adopted ..... Written permit (franchise) Contents ....... ............... Required; term _ . ....... ...... UTILITY TAX 19-215 Collection .............................. Exemption............................. Levied; rate ............................ 17-1 V 1-2 VACANT PROPERTY Unauthorized camping, lodging .......... 18-19 VILLAGE Definitions and rules of construction ..... 1-2 Section TAXATION (ConVd.) Co nanqntinn . - . - � - . � pli: --------- — - -- ----------__ - Compensation ........................ 26-54 Exemptions .......................... 26-53 Levy . . .............................. 26-51 Rate. . ............. ................ 26-51 Utility tax .............................. 26-29 et seq. See: UTILITY TAX When held ........................ TELECOMMUNICATIONS Compliance with other laws; police power. Construction bond ................ Definitions ............................. Enforcement remedies.. . ........ ....... Fees and payments ..................... Forcemajeure .......................... Insurance; surety; indemnification ....... Intent and purpose ..................... Registration ............................ Involuntary termination ............. Reports and records ..................... Rights-of-way, use ...................... Security fund ........................... Service tax, generally ................... See: TAXATION Title.... ... ___ .................. Transfer of control; sale or assignment ... Underground installation; relocation ..... TELEPHONES Alarms; interference with public safety de- partment trunk line prohibited ..... TELEVISION Cable television rate regulation .......... TENSE Definitions and rules of construction ..... THEFT Combat Auto Theft (CAT) ............ TIME Definitions and rules of construction ..... TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS Personal recreational use trailers; parking on residential property restricted ... TRASH. See: GARBAGE AND TRASH TREES AND SHRUBBERY Abatement of public nuisances on private property.... ...................... See: NUISANCES Code enforcement, applicability re ....... Landscaping............................ See: LANDSCAPING Missiles, throwing ...................... Parks and recreation facilities; climbing trees, etc. .. . ............ ......... 29-10 29-13 29-3 29-15 29-5 29-16 29-12 29-2 29-4 29-9 29-6 29-8 29-14 26-51 et seq. 29-1 29-11 29-7 TREES AND SHRUBBERY (Cont'd.) Swale areas, trees in Definitions ........................... Maintenance ....................... Planting and removal; written approval required ....... __ ............ Scope., . ............ ................ Variety and location .................. U UTILITIES Flood damage prevention provisions...... Franchises enumerated. See Appendix D Street construction work; cost of changing or removal of public utilities ........ Subdivision design standards re easements and rights-of-way ......... ........ Subdivisions, required improvements re .. Telecommunications service tax.......... See: TAXATION Use of rights-of-way for utilities Code enforcement, applicability re . .... Rules and regulations adopted ..... Written permit (franchise) Contents ....... ............... Required; term _ . ....... ...... UTILITY TAX 19-215 Collection .............................. Exemption............................. Levied; rate ............................ 17-1 V 1-2 VACANT PROPERTY Unauthorized camping, lodging .......... 18-19 VILLAGE Definitions and rules of construction ..... 1-2 VILLAGE COUNCIL Co nanqntinn . - . - � - . � pli: --------- — - -- ----------__ - Definitions and rules of construction ..... Meetings Adjournment of all meetings .......... Regular meetings 18-35 Presiding officer ................... When held ........................ Rules of procedure. See herein that sub- ject Rules of procedure Order of business. . . ................ 14-79 et seq. Parliamentary rules . . .............. Village clerk, duties re .................. 2-173 27-31 et seq. VILLAGE LOGO Adoption............................... 19-83 Description ............................. Registration .................... 20-4 Unlawful practices ...................... Supp. No. 51 2955 Section 27-16 27-20 27-17 27-19 27-18 12.5-41(3),(5) 24-4 36-22(a) 36-32 26-61 et seq. 2-173 28-1 28-3 28-2 26-30 26-31 26-29 19-11 1-2 2 -16 1-2 2-19 2-18 2-17 2-26 2-27 2-67 1-10(b) 1-10(a) 1-10(d) 1_10(c) NORTH PALM BEACH CODE Section VILLAGE MANAGER Administrative code, provisions re ....... 2-39 et seq. See: ADMINISTRATIVE CODE Bond .... ............................... 2-117 Budget. . ............................ — 2-118 Budget procedures, duties re ............. 2-2 Residency .............................. 2-115 VOYEURISM Window peeping prohibited .............. 19-66 W WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES WATER SHORTAGE EMERGENCIES Application ............................. 19-201 Definitions ................. — ......... 19-200 Enforcement Emergency power .................... 19-204 Generally ............................ 19-203 Implementation Exemptions .......................... 19-202(b) Permanent restrictions ............... 19-202(a) Sanitation, exception to maintain ........ 19-205 Violations and penalties ................. 19-206 WATER SUPPLY AND DISTRIBUTION 36-1 et seq. Stormwater management ................ 21-61 et seq. See: STORMWATER 1VL4_NAGEMENT Wellfield protection ..................... 19-220,19-221 Zoning; C-3 Regional Business District Surface water management ........... 45-34.1(8) WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WATERWAYS BOARD Composition, terms; vacancies ........... Created ................................ Duties................................. Organization ........................... Removal ............................... WEAPONS. See: FIREARMS AND WEAP- ONS 5-103 5-102 5-105 5-104 5-106 WEEDS AND BRUSH Abatement of public nuisances on private property ........................... 14-79 et seq. See: NUISANCES - - WEEK Definitions and rules of construction ..... 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads ................... 18-18 Noise measurement procedure ........... 19-113 Supp. No. 51 2956 Section WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation of ................. _ _ 19-221 County wellfield protection ordinance ad- opted by reference ................. 19-220 WRITTEN, IN WRITING Definitions and rules of construction ..... 1-2 y YARDS AND OPEN SPACES Landscaping ......... ...... ........... 27-31 et seq. See: LANDSCAPING Zoning regulations ...................... 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction ..... 1-2 Z ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement, applicability re ..... 2-173 Home occupations ....................... 17-3(a) of Heq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance ............................. 27-39 Planning commission; changes to zoning ordinances ........................ 21-12 Subdivision regulations .. — — . ..... ... 36-1 et seq. See: SUBDIVISIONS (Appendix B)