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Code of Ordinances Supplement 26 SUPPLEMENT NO. 26 September 2003 CODE OF ORDINANCES Village of NORTH PALM EEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 14-2003, adopted May S, 2003. See the Code Comparative Table for further information. Remoue old pages Inset°t new pales xl-X1V Xl-X1V Checklist of up-to-date pages Checklist of up-to-date pages {following Table of Contents) 150.1--156 151-156.3 1173, 1174 1173-1174.1 2819, 2820 2819, 2820 2$87, 2888 2887, 2888 2947, 2948 2947, 2948 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MLAVICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 {850) 576-3171 1-800-262-CODE Website: www.municode.com E1J I iI I TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [17 PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. LA. Vision Statement 3 Art. II. Territorial Boundaries 3 Art.III. Legislative 9 Art. IV. Administrative 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule . . . . . . . . . 1$ Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration .---•--•-•-------------------------------- 133 Art. I. 1n General 135 Art. II. Council 136.4 Div. 1. Generally 136.4 Div 2. Rules of Procedure 136.4 Art. III, Administrative Codo 137 Div. 1. Generally 137 Div. 2. Reserved 139 Div. 3. Department of Finance . 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Services 141 Div. 7. Department of Library 142 Div S. Department of Country Club 142 Div 9. Department of Recreation 142 Art. N Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Security 142.1 Supp. No. 26 ~ IVORT33 PALM BEACH CODE / Chapter Page [ Div 3. Pension and Certain Other Benefits for Gen- . eral Employees 142.3 Div 4. Pension and Certain Other Benefits for Fire and Police Employees 151 Div. 5. Length of Service Award Plan far Volunteer >t'irefighters 161 ' Art. VI. Code Enforcement Board 163 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Az•t. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. I. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div 4. Docks and Piers 328 Div 5. Erosion Control Structures 333 Art. N Marino Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. IIT. Appearance Code 384 Div 1. Generally ....................•------.... 384 Div 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Ai.•t. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. III. Finances ................•-•--.-•--......... 563 10. Elections 615 Art. I. In General 617 Supp. No. 26 Xli TABLE OF CONTENTS---Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Ai~t. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Florida Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved ..................•--.......................... 839 14. Health and Sanitation 8$9 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div 2. Garbage Collection and Disposal 891 Div 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. T. In General 1053 Art. II. Occupational Licenses 1054.1 Art. III. Businesses Located Outside Village Limits 1060 Art. N Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 26 xiii NORTH PAT,M BEACH CODE Chapter Page 17.5 Reserved 1121 1$. Motor Vehicles and 'T`raffic.. - - - - • . . 1171 Art. I. In General 1173 Art. II. Oporation of Vehicles Generally 1173 Art. III. Stopping, Standing and Pai.•king 1174.1 19. Offenses anal Miscellaneous Provisions 1225 Art. I. In General . . . . . 1227 Art. II. Reserved 122$ Art. III. Offenses Against Property 1228 Art. N Offenses Against Public Morals 1228.1 Art. V. Offenses Against Public Peace 1229 Art. VI, Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons ----------------•---•--.•------.. 1235 Art. IX. Water Shortage Emergencies 123& Art. X. Alarms 1238 Art. XI. Wellfield Protection 1241 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustr~oent 1347 Art. N Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General ].519 Art. II. Excavations 1519 Div. 1. Generally ..........-• 1519 Div 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 I Supp. Na. 26 ~y 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 apage-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 far the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column alI page numbers are listed in sequence. The second column reflects the latost 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 Na, Supp. No. Page No. Supp. No. Title page 1 83 25 iii 1 133 25 v, vi OC 135, 136 24 vii, viii OC 136.1, 136.2 24 ix OC 136.3, 136.4 24 x,i, x.ii 1 137, 138 23 x.iii I 139, 140 23 xi, xii 26 140.1 23 xiii, xiv 26 I41, 142 22 xv, xvi 24 142.1, I42.2 22 I 25 143 16 3, 4 25 144.1, I44.2 12 5, 6 25 144.3 12 7, 8 25 145, 146 9 9, 10 25 147, 148 24 11, 12 25 148,1 24 I3, I4 25 149, 150 20 15, 16 25 151, 152 26 17, 18 25 153, 154 26 19 25 155, I56 26 65 25 156.1, 156.2 26 77 OC I56.3 26 79, 80 OC 157, 158 25 81, 82 25 159, 160 25 Supp. No. 26 [1] NORTH PALM BEACFI COI]E Page No. Supp. No. Page No. Supp. No. 161, 162 25 671 2 163, 164 25 673 24 165, 166 25 695 13 167, 168 25 697 13 169 25 723 24 211 OC 725 24 213, 214 19 726.1 13 ' 263 OC 727, 728 5 265, 266 OC 729 5 267, 268 I7 777 OC 269 17 779, 780 OC 319 OC 781, 782 OC 321, 322 17 783, 7$4 OC 323, 324 16 785, 786 OC 325, 326 24 787, 788 OC 327, 328 21 789 OC 329, 330 22 839 OC 331, 332 22 889 OC 333, 834 20 891, 892 25 381 23 892.1 15 353, 384 24 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 395.6 23 947, 948 23 398.7, 398.$ 23 997 OC 398.9, 398.10 23 999, 1000 22 398.ll, 39$.12 25 1051 OC 395.13, 398.14 25 1053, 1054 25 398.14.1, 398.14.2 25 1054.1, 10542 25 398.15, 398.16 8 1055, 1056 2I 399, 400 OC 1057, 1058 21 401, 402 OC 1059, 1060 21 403 OC 1060.1 14 453 OC 1061, 1062 8 455, 456 22 1063, 1064 8 507 22 1121 OC 509, 510 22 1171 OC 511 22 1173,1174 2& 559 I7 1174.1 2f 561, 562 24 1175 19 563, 564 24 1225 OC 615 OC 1227, 1228 24 617, 618 OC 1225.1 24 619, 620 6 1229, 1230 21 Su . Na. 26 [2] PP CHECKLIST OF UP-TO-DATE PAGES Page No. Sapp. No. Page No. Supp. No. 1231, 1232 21 1741, 1742 21 1233,1234 21 1781 21 1235, 1236 21 1783, 1784 21 1237, 1235 16 1785, 1786 21 1239, 1240 22 1787, 1788 21 1241, 1242 21 1789, 1790 21 1289 3 1791,1792 21 1291, 1292 OC 1793, 1794 21 1293, 1294 22 1795, 1796 21 1295 22 2043 OC 1343 4 2045,2046 25 1345, 1346 22 2046.1 25 1346.1 22 2047, 2045 OC 1347, 1348 OC 2049, 2050 OC 1349, 1350 OC 2051, 2052 OC 1351, 1352 14 2053 OC 1352.1 14 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 2357, 2358 OC 1357, 1358 OC 2359, 2360 22 1359, 1360 OC 2361, 2362 22 1361, 1362 5 23621 22 1363, 1364 5 2363, 2364 OC 1365, 1366 5 2365, 2366 OC 1367 5 2367, 2368 1 1411 OC 2368.1 1 1463 OC 2369, 2370 OC 1465, 1466 OC 2371, 2372 OC 1517 OC 2373, 2374 OC 1519, 1520 OC 2375, 2376 OC 1521, 1522 OC 2377, 2375 22 1523 OC 2379 22 1573 24 2479 9 1575, 1576 24 2481, 2482 23 1627 9 2483, 2484 23 1629, 1630 21 2485, 2486 23 1631 21 2486.1, 2486.2 23 16$1 OC 2486.2.1, 24$6.2,2 23 1683, 1684 24 2486.2.3 23 1684.1, 1684.2 24 24$6.3, 2486.4 16 1685, 1686 OC 2487, 2488 OC 1687, 1688 17 2488.1, 2488.2 18 1689, 1690 17 2489, 2490 18 1739 14 2491,2492 18 Supp. No. 26 [3] [YORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2493, 2494 18 2955, 2956 25 2495, 2496 18 2965, 2966 25 2497,2495 21 2967 25 2499, 2500 21 2501, 2502 25 2503, 2504 25 2504.1, 2504.2 16 2505, 2506 10 2507, 2508 13 2509, 2510 13 2510.1, 2510.2 13 25 i 1, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512,5, 2512.6 23 2512.7 23 2513, 2514 OC 2515, 2516 22 2517, 2518 22 2619 2I 2819, 2820 26 2869, 2s7a oC 2x71 oc 2873 OC 2875, 2876 OC 2877, 2875 OC 2879, 2880 OG 28$1, 2882 14 2883, 2884 14 2885, 2886 19 2887, 2$88 26 2933, 2934 25 2935, 2936 23 2937, 2938 24 2939, 2940 25 2940.1 25 2941, 2942 24 2943, 2944 24 2945, 2946 25 2947, 2948 26 2949, 2950 25 2950.1 24 2951, 2952 23 2953, 2954 25 Supp. Na. 28 [4] i ADMINISTRATION § 2-159 such employees shall contribute two (2) percent of of benefit shall have the same actuarial present their salary for this benefit. The cost of living value on the date payment commences as the adjustment and contribution of salary as specified normal form of benefit. For purposes of establish- in this section shall be optional with all employ- ing the actuarial present value of any form of ees who were hired prior to the effective date of payment, other than a lump sum distribution, all this ordinance. future payments shall be discounted for interest The cost of living adjustment (COLA} set forth and mortality by using seven ('7) percent interest herein shall apply to all forms of benefits set forth and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five {5) years in the in sections 2-148, 2-149 and 2-158 of the Code of case of disability retirees. In the case of a lump Ordinances of the Village. sum distribution, the actuarial present value shall {Ord. No. 13-2000, § 1, 5-31-00) be determined on the basis of the same mortality rates as just described and the Pension Benefit DIVISION 4. PENSION AND CERTAIN Guaranty Corporation's interest rates for termi- OTHER BENEFITS FOR FIRE AND POLICE Hating single employex plans, which rates are in EMPLOYEES* effect: (1) Ninety (90) days prior to the member's Sec. 2-159. Definitions. date of termination if distribution is made As used herein, unless otherwise defined or within six (6) months of such date, or required by the context, the following words and (2} Ninety {90) clays prior to the distribution phrases shall have the meaning indicated: date if distribution is made more than six Accrued benefit means tho portion of a membox's {6) months after date of termination. normal retirement benefit which is considered to Average monthly earnings means one-sixtieth have accrued as of any date. A member`s accrued of earnings of a member during the five {5) years benefit as of any date shall be equal to two and of his employment within the last ten (10) years of one-half (2112) percent of his average monthly employment, which is greater than the total dur- earnings multiplied by his credited service, with a ing any other five {5} years during the ten-year maximum benefit equal to sixty (60) percent of period; provided that if a member shall have been average monthly earnings. For purposes of this employed for fewor than five (5} years, such calculation, average monthly earnings and cred- average shall bo taken over the period of his ited service as of the date of determination shall actual employment. be used. The accrued benefit is considered to be payable in the plan's normal form commencing on Beneficiary means the person or persons enti- the member's normal retirement dato, with such tied to receive benefits hereunder at the death of date determined as through the member remains a member who has or have been designated in in full-time employment with the employer. writing by the member and filed with the board. If no such designation is in effect at the time of Accumulated contributions means a member's death of the member, or if no person so designated own contributions plus interest credited thereto, is living at that time, the beneficiary shall be the if any, by the board. estate of the member. Actuarial equivalence or actuarially equivalent Board means the board of trustees which shall means that any benefit payable undor the terms administer and manage the plan herein provided of this plan in a form other than the normal form and serve as trustee of the fund. *Editor's note-Ordinance No. 9-82, enacted June 10, Credited ser•viee means the total number of 1982, did not expressly amend the Code; hence, codification of years and fractional parts of years of service 1-11 as herein set out in 2-159-2-169 was at the discretion of the editor. expressed as years and completed months, during Crass references-)lire division, § I2-29 et seq.; police, which a person sorves as an employee as defined Ch. 23. below, omitting intervoning years and fractional Supp. No. 26 151 § 2-159 NORTH PALM BEACH CDDE parts of years, when such person may not be gevity, safety and attendance awards and any employed by the employer; provided, however, other nonregular payments such as unused sick such person may have, without interrupting his leave or vacation time pay. other years of credited service, up to one (1) year's Efeective date means March 1, 1967, the date leave of absence. on which this plan initially became effective. The Notwithstanding the foregoing, no employee will effective date of this restated plan is the date as of which the village council adopts the plan. receive credit for years or fractional parts of years of service for which he has withdrawn his contri- Employee means each actively employed fiill- butions to the pension fund for those years or time firefighter and police officer of the village. fractional parts of years of service unless he Employer means the Village of North Palm repays into the pension fund the contributions he Beach, Florida. has withdrawn, with interest, within ninety (90) days after his reemployment, as provided in sec- Firefighter means any person employed in the tion 2-160 below. fire department who is certified as a firefighter as a condition of employment in accordance with the Further, an employee may voluntarily leave his provisions of F.S. section 633.35, and whose duty contributions in the pension fund for a period of it is to extinguish fires, to protect Iifo, and to five {5} years after leaving the employ of the protect property. employer, pending the possibility of his being Fund means the trust fund established herein rehired, without losing credit for the time he has as part of the plan. participated actively as an employee. Should he not be reemployed within five (5) years, his con- Member means an employee who fulfills the tributions shall be returned to him without inter- prescribed participation requirements. est. Normal retirement date means far each mem- ber the first day of the month coincident with or It is provided further that credited service shall next following the date on which he attains his include any service, voluntary or involuntary, in fifty_fiftb (55th} birthday. A member may retire on the armed forces of the United States, provided this normal retirement date or on the first day of the employee is legally entitled to reemployment under the provisions of the Universal Training any month thereafter. and Service Act or any similar law; and provided Plan or system means the Village of North further that the employee shall apply for reem- Palm Beach Fire and Police Retirement Fund as ployment within the time and under the condi- contained herein and all amendments thereto. tions prescribed by law. For any person who becomes a member of the system on or after Flan year means each year commencing on October 1, and ending on September 30. October 1, 1978, such military service shall not be credited if he is receiving or will receive in the Police officer means any person employed in future a retirement benefit from the federal gov- the police department who is certified as a law ernment based in whole or in part on such mill- enforcement officer as a condition. of employment tary service. in accordance with the provisions of F.S. section 943.14, and who is vested with authority to bear Early retirement date moans for each member arms and make arrests, and whose primary re- the first day of the month coincident with or next sponsibility is the prevention and detection of following the date on which he attains his fiftieth crime or the enforcement of the penal, criminal, (50th} birthday. traffic or highway laws of the state. Any public safety officer who is responsible for performing Earnings means a momber°s gross salary, in- both police and fire services and who is cortifed chiding overEime, public safety pay increment and as a police officer or firefighter shall be considered special pay, but excluding bonuses, such as lon- a police officer. Cupp. No. 26 152 ADMINISTRATION § 2-161 Spouse shall mean the lawful wife or husband ployed by the employer shall be permitted to of a member at time of preretirement death or "buy-back" his previous credited service under the retirement. following conditions: (Ord. No. 9-$2, § 1, 6-10-$2; Ord. No. 1-92, § 1, (1) The length of time between the member's 2-13-92; Ord. No. 30-95, 1, 2, 10-12-95} termination date and his subsequent re- employment date is not limited. Sec. 2-160. Membership. (2) The member must pay into the fund an {a) Conditions of eligibility. Each person who amount equal to the sum of the amount he becomes an employee must became a member of withdrew from the fund when he termi- the plan as a condition of his employment. Each noted employment, plus interest thereon such employee shall be considered a member on at the rate of seven (7) percent from the the October 1 coincident with or next following date of withdrawal to the date of repay- the first anniversary of his date of employment or ment. reemployment as an employee. (3) The board shall notify the employee of the total amount payable, as described above. (b} Application for membership. Each eligible Payment must be made within ninety (90) employee shall, within thirty (3D} days of becom- days of such notification. ing eligible, complete an application form cover- {4) Upon timely payment of the required ing the following points, as well as such other amount, the employee shall immediately points or items as may be prescribed by the board: be reinstated as member of the plan and (1) Acceptance of the terms and conditions o£ shall be given credit for his previous cred- ited service. the plan; (Ord. No. 9-82, § 2, 6-1D-82; Ord. No. 1-92, § 2, {2) Designation of a beneficiary ar beneficia- 2-13-92) Ties; Sec. 2-~G1. Benefit amounts. (3} Authorization of a payroll deduction pay- able to the plan as hereinafter provided; {a) Normal retirement benefit. (1) Amount. Each member who retires on or (4} Provision of acceptable evidence of his after his normal retirement date shall be date of birth; eligible to receive a normal retirement benefit commencing on his actual retire- (5) A certified statement as to prior medical went date. The monthly normal retire- history; and ment benefit shall bo an amount equal to {6) A written release allowing distribution of two and one half (2i/a) percent of his all medical records to the board. average monthly earnings multiplied by the member's credited service. The maxi- (c) Change in designation of beneficiary. Amem- mum benefit is sixty {fiD) percent. ber may, from time to time, change his designated (2) Form of benefit. The normal retirement beneficiary by written notice to the board upon benefit shall commence on the member's farms provided by the board. Upon such change, actual retirement date and be payable on the rights of all previously designated beneficia- the first day of each month thereafter, ries to receive any benefit under the plan shall with the last payment being the one next cease. preceding the retiree`s death, with one hundred twenty (120) monthly payments (d) Buy-back of precious service. Each member guaranteed (14 years). if the member of the plan who terminates his employment with should die before one hundred twenty the employer and who is subsequently reem- (120) monthly payments are mado, pay- Supp, No. 26 153 2-161 I~fORTH PALM § SEACIi CODE I ments are then continued to the desig- (d) Pr•eretirement death. noted beneficiary until ono hundred twenty {720) monthly payments in all have been {1) ~ a participant who is no longer an em- made, at which time the benefits cease. ployee of the village dies prior to the normal retirement date and has attained {3) Optional forms of benefit. In lieu of the age fifty (50} and had ten (10) years of form of benefit just described, a member credited servico, a pension benefit of fifty may choose an optional form of benefit as (50) percent of the amount the participant provided in section 2-162 below. would have been entitled to, actuarially reduced for early retirement, shall be paid (4} One hundred (I0~) percent nesting. Each to the surviving beneficiary for as long as member who attains normal retirement the beneficiary shall live. Such amount data or reaches ten (10) years of credited shall be based on the amount payable service shall be one hundred (100) percent under the fifty (50} percent joint and vested in their accrued benefit. survivor option, reduced actuarially to the age of the beneficiary. (b) Early retirement benefit. Amember retiring hereunder on ar after his early retirement date (2) If a member dies prior to the normal may receive either a deferred or an immediate retirement date and is then employed by monthly retiremont benefit as follows: the village and has ten {10} years of credited service, such member rogardless {1) A deferred monthly retirement benefit of age shall receive pension benefits as set which shall commence an the normal re- forth in subsection (3}. tirement date and shall be continued on the first day of each month thereafter (3) The members specified in subsection (2) during his lifetime, guaranteed for one above shall receive a benefit equal to the hundred twenty (120) monthly payments. member's vested accrued pension as cam- The amount of the benefit shall be deter- puted under section 2-16I(d) and shall be mined and paid in the same manner as for payable to the designated beneficiary in retirement at the member's normal retire- equal, consecutive monthly installments ment date except that average monthly -over ten (10) years. The benefit payments earnings and credited service shall be specified herein shall commence upon death determined as of his early retirement date; of the plan member and approval of the or pension board. (2} An immediate monthly retirement benefit (e) Disability retirement. which shall commence on the member's early retirement date and shall be contin- (1} Amember may retire from the service of ued on the first day of each month there- the village under the plan if, prior to his normal retirement date he becomes dis- after during the members lifetime and abled as defined in subsection (2) hereof. guaranteed for one hundred twenty {120} Such retirement shall herein be referred monthly payments. The benefit payable to as disability retirement. To be eligible shall be as determined in subparagraph (1) above, reduced by three percent per for anon-duty disability benefit, a mem- year by which the starting data of the ber shall have ten (14) or more years of credited sezvice. There is no years of ser- benefit precedes the normal retiroment vice requirement for eligibility for a duty date. disability benefit. (c) Benefit formula. The benefit formula appli- (2) a. Non-duty disability. A member will cable in all cases of retirement shall be that in be considered for anon-duty disabil- effect on each member's employment termination ity benefit if in the opinion of the date. board, he is wholly prevented fiom Supp. IVo. 26 154 ADMINIS'I`ItATI~N § 2-161 rendering useful and efficient ser- be at Least forty-two (42) percent of vice as a police officer or firefighter, the disabled member's average and such member is likely to remain monthly earnings. so disabled continuously and perma- nently. Pravidod howevor the cause {4) No membor shall be permitted to retire was not one of the exclusions listed under the provisions of this section until in subsection (14). examined by a duly qualified physician or surgeon, to be selected by the board for b. Duty disability. A member will be that purpose, and is found to be disabled considered for a duty disability ben- in the degree and in the manner specified efit, if isi the opinion of the board, he in this section. Any member retiring un- is wholly prevented from rendering der this section shall be examined period- useful and efficient service as a po- ically by a duly qualified physician or lice officer or firefighter, and such surgeon or board of physicians or sur- member is likely to remain so dis- goons to be selected by the board for that abled continuously and permanently purpose, to determine if such disability and the board f nds that his injury or has ceased to exist. illness arose out of and in the course of his employment with the village. The normal farm of benefit payable to a Provided however the cause was not member who retires with a total and one of the exclusions listed in sub- permanent disability as a result of a dis- section (10). ability commencing prior to his normal retirement date is the monthly income {3) Disability benefit. A member retiring on a payable for ten {14) years certain and life. disability retirement from the village shall The disability retiree may also choose any receive a benefit as follows: of the optional benefits available in sec- a. Non-duty disability benefit. The tion 2-162 of this plan. amount of the benefit for the non- (6) a. The monthly xotirement income to duty disability benefit is determined which a member is entitled in the and paid in the same manner as for event of his disability retirement will retirement at the normal retirement be payable on the first day of each date except that average monthly month. The first payment will be earnings and credited service shall made on the first day of the month be determined as of the znembex's foIlowing the later to occur of: last date of employment with the 1. The date on which the disabil- village. In any event the non-duty ity has existed for six (6) months, disability bonefit shall be at least or twenty-five (25) percent of the dis- 2. The date the board approves abled member's average monthly the payment of such retirement earnings. income. b. Duty disability benefit. The amount b. The last payment will be: of the benefit for tho duty disability benefit is determined and paid in the 1. If the member recovers from same manner as for retirement at the disability prior to his nor- the normal retirement date except mal retirement date, the pay- that average monthly earnings and went due next preceding the credited service shall be determined date of such recovery; or as of the member`s last date of em- 2. If the member dies without re- ployment with the village. In any covering from his disability or event the duty disability benefit shall attains his normal retirement Supp. No. 26 165 § 2-161 NORTH PALM BEAC~i CODE date while still disabled, the taring such service, which physical exam- payment due next preceding his ination including electrocardiogram failed death or the one hundred twee- to reveal any evidence of such condition. tieth (124th) monthly payment, In order to be entitled to presumption in whichever is later. the case of hepatitis, meningococcal men- c. Any monthly retirement income pay- ingitis, or tuberculosis, the member must meets due after the death of a dis- meet the requirements of F.S. § 112.181. abled member shall be paid to the The final decision whether a member meets member's designated beneficiary. the requirements for duty disability pen- sion rests with the board and shall be (7) If the board finds that a rnernber who is based on substantial competent evidence receiving a disability retirement income on the record as a whale. is, at any time prior to his normal retire- (14) A member will not be entitled to receive meet date, no longer disabled, as provided ~y disability retirement incomo if the herein, the board shall direct that the disability is a result af: disability retirement income be discontin- ued. Recovery from disability as used a. Excessive and habitual use toy the herein shall mean the ability of the mem- member of drugs, intoxicants, or nar- ber to render useful and efficient service cotics; as a police officer or firefighter, b. Injury or disease sustained by the (8) If the member recovers from the disability member while willfiilly and illegally participating in fights, ~.7ats, civil and reenters the service of the village as a insurrections or while committing a police officer or firefighter, his service will crime; be deemed to have been continuous, but the period beginning with the first month c. Injury or disease sustained by the for which he received a disability retire- member while serving in any armed meet income payment and ending with forces; the date he reentered the service of the d. Injury or disoase sustained by the village will not be considered as credited member after employment has ter- serv~ce for the purpose of the plan, urinated; (9) Any condition or impairment of health of e. Injury or disease sustained by the a member caused by tuberculosis, hyper- member while working for anyone tension, heart disease, hardening of the other than the village and arising arteries, hepatitis, ar rneningacoccal men- out of such employment. ingitis resulting in total or partial disabil- ity or death, shall be presumed to be Termindtion benefits and nesting. accidental and suffered in the line of duty (1) Each member who terminates employ- unless the contrary be shown by compe- meet with the employer and who is not tent evidence. Any condition or impair- eligible for any of the retirement, death, meet of health caused directly or proxi- or disability benefits set forth herein shall mately by exposure, which exposure receive from the fund within a reasonable occurred in the active performance of duty time following his date of termination a at some definite time or place without refund of his accumulated contributions. willful negligonce on the part of the mem- Provided, however, that if at the time of bar, resulting in total or partial disability, his termination of employment- the mem- shall be presumed to be accidental and bar has ten (14) or more years of credited suffered in the line of duty, provided that service, he shall have the option of either such member shall have successfully receiving his accumulated contributions passed a physical examination upon en- or his accrued benefit payable commenc- $upp. No. 26 156 ADMINISTRATION § 2-162 ing at the date which would have been his benefit payments begin, to elect to have his ar her normal retirement date had he remained benefit payable under any one (1) of the options in full-time employment with the em- hereinafter set forEh in lieu of benefits provided ployer. The member may direct that his herein, and to revoke any such elections and accrued benefit, reduced as far early re- make a new election at any time prior to the tirement, commence at age fifty (50) ox actual beginning of payments. The value of op- any date thereafter provided his accumu- tional benefits shall be actuarially equivalent to lated contributions are not withdrawn. the value of benefits otherwise payable, and the (2) A refund of accumulated contributions to present value of payments to the retiring member a member or his beneficiary shall consti- must be at least equal to fifty (50) percent of the Lute a full and complete discharge of any total present value of payments to the retiring and all rights to claims or benefits under member and his/her beneficiary: The member the system by the member or his benefi- shall make such an election by written request to the board, such request being retained in the ciaries. board`s files. (g) Cost of living adjustment. The amount of (1) Option X-Joint and last surviuor option. pension benefit will be increased or decreased in The member may elect to receive a bene- accordance with the changes in the consumer fit, which has been adjusted to the actu- price index (CPI-W U.SJ published by the U.S. axial equivalent of the normal form of Bureau of Labor Statistics. Adjustments of pen- benefit, during his/her lifetime and have lion payments will be mado on Octobex 1 of each such adjusted benefit (or a designated year reflecting the change in the consumex price fraction thereof, for example one hundred index over the twelve-month period ending April {100) percent, seventy-five {75) percent, 1. The maximum increase ar decrease in the sixty-six and two-thirds (66 z/s) percent or member's pension benefit for any one (1) year is three (3} percent. However, the member's pension Y {50) percent) continued after his death benefit can never be reduced below the amount to and during the lifetime of his benefi- ciary. The election of option 1 shall be null the member received at date of retirement. Such and void if the designated beneficiary dies adjustments shall apply to each retirement, sur- before the member's benefit payments cam- vivor or disability benefit in pay status as of each mence. October 1. {2) Option 2--Social security adjustment op- (h) Limitation on benefats. In no event may a tion. If a member retires before being member's annual benefit exceed the limitations of eligible for social security benefits, he Iuternal Revenue Codo Soctioz~ 415 as such pro- may elect this option. A member may elect visions apply to governmental pension plans. The to receive a larger pension up to the date provisions of Internal Revenue Code Section 415 he begins receiving social security bene- that apply to governmental pension plans are fits. The member's pension benefits may hereby incorporated into this plan by reference. be reduced or terminatod after social se- (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, curity paymonts begin. The amount of I1-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. reduction shall be actuarially determined. 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; Ord. No. 20-2000, 1, 2, 8-10-00; Oxd. No. (3) Option 3-Other. In lieu of the other op- OS-2001, § 1, 4-12-01; Ord. No. 13-2003, 1-3, tional farms enumerated in this section, 5-8-03) benefits may be paid in any form ap- proved by the board so long as actuarial Sec. 2-162. Optional forms of benefits. equivalence with the benefits otherwise payable is maintained. Each member entitled to a normal, early, dis- (Ord. No. 9-82, § 4, 6-10-82; Ord. No. 1-92, § 4, ability or vested retirement benefit shall have the 2-13-92; Ord. No. 20-2000, § 3, 8-10-00; Ord. No. right, at any time prior to the date on which 13-2003, § 4, 5-8-03) Supp. No. 26 156,1 § 2-163 NO~,TH PALM BEACH COAL Sec. 2-163. Contributions. member's accumulated contributions and ` {a) Member contributions. subject to all provisions of this plan per- taining to accumulated contributions of (1 } Amount. Members of the plan shall make members. The intent of this language is to regular contrdbutions to the fund at a rate comply with section 414(h)(2} of the Inter- equal to two (2) percent of their respective nal Revenue Code. earnings. (2) Duration. The village shall pick-up, rather (3) Interest. Interest shall be credited to mem- than deduct from each member's pay, be- ber contributions as of September 30 of ginning with the date of employment, two each year at a rate equal to the change in {2.}percent of the member's basic compen- the consumer price index, published by sation. The monies so picked-up shall be the U.S. Bureau of Labor Statistics, over deposited in the fund on a monthly basis. the twelve-month period ending on the An account record shall be maintained previous June 30. The maximum rate for continuously for each member. Pick-up any year shall be seven {7) percent and contributions shall continue until death, the minimum rate shall be zero (D) per- disability ortermination of service, which- cent. ever shall occur first. Contributions shall remain in the fund unless withdrawn as (4) Gucxrc~nteed refund. All benefits payable provided in the plan. No member shall under this plan are in lieu of a refund of have the option to choose to receive the accumulated contributions. In any event, contributed amounts directly instead of however, each member shall be guaran- havingthem paid by the village directly to teed the payment of benefits on his behalf the plan. All such pick-up contributions at least equal in total amount to his by the village shall be deemed and be accumulated contributions. considered as part of the member's accu- mulated contributions and subject to all (b) state contributions. Any monies received or provisions of the plan pertaining to accu- receivable by reason of the laws of the State of mulcted contributions of members. The Florida for the express purpose of funding and intent of this provision is to comply with paying for the benefits of police officers or firefight- Section 414(h)(2) of the Internal Revenue ere shall be deposited in the fund within the time Code. For paying Social Security taxes, prescribed by law. Such monies shall be for the and for such other purposes except as sole and exclusive use of members or may be used specified in this plan, the amount of em- to pay extra benefits for members. ployee contributions "picked-up" or paid by the village will be added to the amount distributed on a current basis in order to {c) Employer contributions. So long as this determine total wages, salary, pay or com- Plan is in effect, the employer shall make contri- pensation. In the event that the employer butions to the fund in an amount at least equal to agrees to assume and pay member contri- the difference in each year as between the aggre- butions in lieu of direct contributions by gate member and state contributions for the year the member, such contributions shall ac- and the total cost for the year as shown by the cordingly be paid into the plan on behalf most recent actuarial valuation report for the of the members, No member subject to system. The total cast for any year shall be such agreement shaA have the option of defined as the total of normal cost plus the choosing to receive the contributed amounts additional amount sufficient to amortize the un- directly instead of having them paid by funded actuarial liability in accordance with ap- the employer directly to the plan. All such plicable laws of the State of Florida. The employer's contributions by the employer shall be contribution shall be deposited on at least a deemed and considered as part of the quarterly basis. Cupp. No, 26 1~~,~ ADMINISTRATION § 2-154 (d) For feitur•es. Any forfeitures arising shall be applied to reduce future contributions to the plan. No forfeited amount shall be applied to change benefit amounts for members. (Ord. No. 9-82, § 5, 6-YO-82; Ord. No. 23-86, § 1, 12-ll-8B; Ord. No. 1-92, § 5, 2-13-92; Ord. No. 30-95, § 4, 10-12-95; Ord. No. 29-96, § Z, 7-25-96) Sec. 2-154. Board of trustees-Generally. (a) Composition. The board of trustees shall consist of five (5) members: four (4} of whom shall be elected by a majority of the members of the plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2) shall be certified police officers of the village. The fifth member of the board shall be a legal resident of the village and shall be appointed by the village council. Each of the elected board members shall be appointed for a period of two (2) years, unless he sooner loaves the employment of the village or forfeits membership on the board, whereupon a successor shall be elected by a majority of the members of tho plan. Each of the elected board members may succeed himself in office. The res- ident member shall be a trustee for a form of two {2) years unless he forfeits membership on the board and he may succeed himself in office. The resident member shall be appointed by the village council for a term commencing October 1, I998, and expiringApri130, 1999. The resident member shall be appointed by the village council far a two (2} year term commencing May 1, 1999, and on the first day of May of each second year thereaf- ter. The resident member shall hold office at the pleasure of the village council. The fifth member Sapp. Na. 26 1.56.3 f 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 ;merchandise at residences or places of business Secs. is-1-1s-15. Reserved. located upon such streets. (Code 1970, § 39-46; Ord. Na. 4-81, § 1, 3-26-81) ARTICLE II. OPERATION OF VEHICLES GENERALLY* Sec. 18-19. Combat Auto Theft (CAT). (a) Authority. The Florida Uniform Traffic Con- Sec. 18-].6. Speed limits-Generally. trol Law authorizes mr~nicipalities to enact ordi- nances to establish "Combat Auto Theft" (CAT) In accordance with. law, and when signs are programs whereby vehicle owners may enroll erected giving notice thereof, the speed limit shall their vehicles giving advance written consent to be as set forth in this section: law enforcement to law enforcement officers to stop their enrolled vehicles if they are being (1) On all streets within the corporate limits operated between the hours of 1:40 a.m. and 5:00 of the village, except as set out below, a.m., provided the CAT decal is properly dis- twenty-five (25) miles per hour at all played in the lower corner of the vehicle's rear times. window. {2) On all state highways and county roads (b) Administration o f program. A "combat auto located in the village, as designated by theft" (CAT} program is hereby established for the the state department of transportation. Village of North Palm Beach, Florida. The pro- (3} In areas where school hours are pasted, shall include: traffic shall not exceed twenty (24) miles (1) Consent forms to be executed by motor per hour. owners who enroll vehicles in the pro- (Code 1970, § 39-29; Ord. No. 5-98, § i, 2-12-95) gram. {2) CAT program decals which conform to the Sec. i8-17. Reserved. specifications, colors and design of the uniform CAT decal established by the Editor's no#e-Ord. No. 5-98, § 2, adopted Feh. 12, 1998, Florida Department of Law Enforcement repealed § 18-17, which pertained to speed limits, specific streets. Sae the Code Comparative Table. for use thrOUghOUt the State. (3} All other provisions of tho "combat auto Sec. i8-18. Weight limitations on certain theft" program as provided for in the roads. Florida Uniform Traffic Control Law. Ad- ministration of the program shall be com- (a) It shall be unlawful for any person to ducted by the director of public safety of operate, drive or park an.y truck in excess of the village. three-fourths tan over, across or upon any street right-of way except those indicated below, in the (4) The director of public safety shall charge village: a nominal fee for the administration of the program and the cost of the CAT Northlake Boulevard decal. (Ord. No. 45-96, § 1, 12-12-96) Prosperity Farms Road State Road 703 Sec. 18-20. Motorized scooters. U.S. Highway #1 (State Road 5) (a) Definitions. It is the intent of this section that the following definitions correspond to those °G~oSSreference-Dz7~ngo~erfirehaseprohib~ted, § 12-1. found in F.S. ch. 316, where applicable. Adif1'erent Supp. Na. 26 1173 § 18-20 NORTH PALIYI BEACH CODE definition for any term Iisted below, as contained {5) Shall only be operated during daylight in F.S. ch. 316, shall control over the following hours within the Village of North Palm definitions. Beach; {1) Helmet: A bicycle helmet that is properly (6) Shall be operated as close as practicable fitted and is securely fastened upon the to the right hand curb or edge of the rider's head by a strap. Said helmet must roadway, except when prepaizng to make meet or exceed the standards of the Amer- a left-turn at an intersection ar into a icon National Standards Institute (ANSI private road or driveway, at which time Z 90.4 Bicycle Helmet Standards), the the motorized scooter operator shall obey standards of the Snell Memorial Founda- all authorized traffic control devices, mark- tion (1.984 Standards for Protective Head- ings, anal signs; gear for Use in Bicycling), or any other nationally recognized standards for bicy- (7) Shall be operated only in a single file cle helmets adopted by the United States formation; motorized scooters shall not be Department of Transportation. operated abreast of each other; (2) Notarized scooter: An vehicle not havin Y g (8} Shall be walked across roadways and upon a seat or saddle for the use of the rider, and along crosswalks; on such occasions, designed. to travel on not more than three the motorized scooter operator shall have (3) wheals, and not capable of propelling all the z7ghts and responsibilities applica- the vehicle at speeds greater than thirty ble to a pedestrian under the same cir- (30) miles per hour on level ground. cumstances; (b) Motorized scooter regulations. Parents or {9) Shall be operated at all times with both of guardians of children under eighteen (18}years of the operator's hands on the scooter's han- age who operate motorized scooters shall not dlebars; knowingly permit any such child to violate any provision of this section; nor shall any person (10) Shall not be operated unless the operator operate any of the aforementioned vehicles except is, at all times, is wearing a helmet; in conformance with the regulations as set forth herein. {11) Shall only be operated with motors as Motorized scooters: equipped by the manufacturer; motorized scooter motors, exhaust systems or intake (1) Shall only be operated on streets and systems shall not be modified, amplified, roadways within the Village of North Palm or customized in any way; Beach by persons who possess a valid driver's license, so long as required by (12) Shall be operated at all times in accor- state law; dance with all authorized traffic control devices. (2) Shall not be operated on sidewalks within the Village of North Palm Beach; (c) Penalties for violation of motorized scooter (3} Shall not be operated in public parks in regulations. Any person, firm, corporation ar any the Villa e of North Palm Beach unless other entity violating the provisions of this sec- g such use is specifically allowed by signage Lion shall be subject to a fine in accordance with section 1-8 of the Coda, or subject to any other posted in that particular park; lawful means of enforcement available to the (4) Shall be operated and used by one person village. only; passengers are not allowed on mo- (Ord. No. 14-2003, § 1, 5-8-03) tarized scooters; and motorized scooters shall not tow any other person, object or vehicle of any kind; Secs. 1$-21,-18-33. Reserved. Supp. Na. 26 1174 MOTOR VEHICLES AND TRAFFIC § IS-35 ARTICLE TII. STOPPING, STANDING AND North side of Lighthouse Drive between Light- PARKING* house Bridge and one hundred {100) feet east of the east right-of--way line of La- Sec. 18-34. Parking restricted. goon Drive; North Anchorage Drive from Eastwind Drive to (a) Between the hours of 2:00 a.m. and 6:00 U.S. #1 {SR #5); a.m. on streets where no curbing is provided, the South Anchorage Drive and Eastwind Drive parking of a vehicle shall not usurp more than adjacent to the North Palm Beach Ele- twelve (12) inches of the paved portion of the mentary School property only during the street. period starting one (1) hour prior to and (b} No person shall leave any truck, trailer, ending one (1) hour after published school boat or any vehicle flf a similar type parked upon hours inclusive; any public street or highway within the village Southerly most four hundred (400) feet of the between the hours of 12:30 a.m. and 6:00 a.m. westerly road right-af--way of Castlewood Drive adjacent to tho First Church of (c) No truck in excess ofthree-fourths ton shall Christ Scientist. be parked at any time on public or private prop- (Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, erty in an R-1, R-2 or R-3 residential zoning 10-14-93; Ord. No. 19-96, § 1, 5-23-96; Ord. No. district unless making deliveries or picking up 9-99, § 1, 2-11-99) merchandise. Editor's note-Ordinance No. 8-92, adopted June 25, 1992, did not specifically amend this Code; hence, inclusion of Exception: Vans with and without factory- § 1 as § 18-34.1 was at the discretion of tho editor. installed Boats aro excepted since vans with factory- Sec. 18-35. Recreational, boating and camp- installed seats axe not vans in accordance with ing equipment and personal rec- state law. reational use trailers; parking on (Code 1970, 24-70, 39-24; Ord. No. 4-81, § 2, residential property restricted. 3-26-81) Recreational, boating and camping equipment in the form of travel and camping trailers, boats Sec. 18-34.1. Vehicle, trailer or boat parking on trailers, boat trailers, motor homes, personal prohibited upon paved or un- recreational use trailers including motorcycle and paved area of the road right-of- all terrain vehicle trailers and vans, designed and way of specific roadways. used exclusively as temporary living quarters for recreation, for boating, for camping, for travel or The parking of any vehicle, trailer or boat is for other personal recreational use, may be parkod hereby prohibited upon the paved or unpaved in the side or rear yard, or within completely area of the road right`of-way of those portions of enclosed garages on sites containing a single the following described roadways Located within family or duplex residence, subject to the fallow- the corporate limits of the Village of North Palm ing conditions: Beach, Florida: (1) A maximum of two (2) pieces of such State Road A-1-A; equipment at a time shall bo permitted on a site. Prosperity Farms Road; (2) Such parking shall be limited to such U.S. Highway # 1 (SR #5); equipment owned or loaned by the occu- pant-owner or occupant-lessee of the sito Northlake Boulevard; concerned. 800 Block of Lighthouse Drive; Exception: A guest of an occupant-owner or occupant-lessee may park this equip- ~Cross reference-Parking near a fire station or hydrant went in the front yard fOT not more than restricted, § 12-2. five (5) days in any fourteen-day period. 5upp. No. 26 1174.1 t ~TATUT~RY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.Oi 27-31 App. B, Art. II, 1.01 et seq. 1-2 § 36-8 ch. 22F App. B, Art. II, App. B, Art, II, § 36-10 § 36-15 ch. 39 App. C, § 45-2 App. B, Art. N, Ch. 50 2-181 § 36-27 50.041 2-18i ch. 185 2-167 50.051 2-181 185.08 26-16 55.03 2g-5(a) 202.195 29-8(m) ch. 98 Gh. 10 203.012 26-51, 29-3 ch. 101 10-7 29-5(b) 112.181 2-161(e)(9) 203.012(5)(b) 26-51 161.55(1)(d} 6-156 ch. 205 Ch. 17, Art. II 161.041 6-153 205.043(2), 161.x53 6-154 205.043{3) 17-24, 17-25 162.12(2) 2-i80 205.053 17-20 ch. 163 12.5-1 205.192 17-22 21-1 210.03 17-33 21-i1 ch. 212 26-53 21-43, 21-44 ch. 252 Ch, 8 8-4(a)(2) App. B, Art. I, § 36-2, App. B, Art. 252.38 et seq. 8-6 I, § 36-4 253.125 7-19 App, B, Art. II, 280.02 2-4(f) § 36-16 Ch. 316 18-20 App. B, Art. VI 316.008 Ch. 1S 163.01 2-4(~ 316.272 19-117 163.161 et seq. 21-01 316.293 19-117 ch. 163.170, App. B, Art. II, 316.1955, 316.1956 18-37 §163.3164(17} § 86-10 320.01(1} 14-37 163.225(3)(a~-{c) 5-86 ch. 327 Ch.5 163.295 6-150 335.065 App, B, Art. N, 163.3161 et seq. Ch. 21, Art. II § 36-29.1 163.3177 21-44 337.29 29-2 163.3178 6-155 337.401 29-2, 29-3 ch. 166 &-16 29-6(a} Ch. 24 837.401(3) 28-3 Ord. No. 2478 § 3 337.403, 337.404 29-7 166.021 Ch, 17, Art. II 342.03 Ch. 5 166.221 i7-34 362.01 29-2 166.231 Ch. 26, Art. III 364.02 29-3 ch. 170 2i-2 ch. 373 19-200 174.01 Ch. 24 ch. 380 21-44 ch. 175 2-167 App. B, Art. II, 175.101 26-17 § 36-10 ch. 177 App. B, Art. I, 380.04 21-103 § 36-2 393 App. C, § 45-2 Supp. No. 26 2819 NORTH PALM BEACH CODE Section Section this Corte ch. 394 App. C, § 45-2 ch. 400 App. C, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App, C, § 45-34.1 402.302(4), 402.302(5) 17-33 41$.08 4-27(d) ch. 419 17-33 App_ C, § 45-2 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. O, § 45-2 ch. 495 1-10 ch, 653 6-16 553,73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. Y, Div. 2 2-136 650.02 2-136 658.12 2-4{q) ch, 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169{fj ch. 847 App. C, § 45-20 87D.041 8-21 870.44 8-22 870,45 8-22 872.05 2-104 943.14 2-159 943.25{13) 1-9 Supp. No. 26 282a [The newt page is 2869] CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 33-99 10-28-99 1 18-35{8) 04-2000 2-10-00 1, 2 2-172, 2-175 3 2-176{d} 4, 5 2-178, 2-181 05-2000 2-10-40 1 11-11 06-2000 2-24-DD 1 Added 3-4 10-2000 4-13-OD 1 5-82 2 5-85(12) 12-2000 4-27-OD 1 6-113(B)(28) 13-2000 5-11-DO 1 Added 2-158.1 15-2000 5-25-00 1 App. C, 45-32.1F. 20-2000 8-10-00 1, 2 2-161(e)(4), {8} 3 2-162(1) 4 2-169(f} 22-2000 8-24-00 1 6-115(C)(1)b. 24-2000 9-28-00 1 26-29 25-2000 9-28-00 1 26-51 26-2000 9-28-00 1 28-3{6) 27-2000 9-28-00 1 17-33 29-2000 9-28-00 1 14-30(2) 30-2000 10-12-p0 1 App. D 32-2004 ID-IZ-oo 1 6-I14(e}(g) 34-2000 11- 9-00 1, 2 19-99, 19-113 3 5 19-116 19-118 35-2000 11- 9-00 1 1-8(a} 36-2D00 12-14-OD 1 19-210(d) 01-2001 2- 8-01 1---16 28-3{6) Added 29-1-29-16 D3-20D1 2- 8-Ol 1 45-32A.7.a. 2 45-32G. 04-20D1 2- 8-Ol 1 5-81 05-2001 3- 8-41 1 45-2 06-2001 3-22-01 1 7-19 2 21-1(c) 3 21-2(c) 4 36-10(c) 5 36-.12(2) 6 36-38.1(6) 7 45-49(1} 8 45-50(1} OS-2001 4-72-01 1 2-161(g) 2 2-166(1)c.2. 09-2001 4-12-01 1 5-84(6) 11-2401 4-26-01 1 2-178{d} 2 2-179 12-2001 5-10-D1 1 9-17(a) 13-2001 5-10-01 1 19-211 I5-2001 6-28-01 I, 2 2-4 16-2001 6-28-OI 1 Ch. 8 (title) 2, 3 Rpld 8-16 Added 8-1~-6, 8-21, 8-22 1S-2D01 6-28-OI 1 2-1(c) 2 9-18 3 16-24 4 2D-63 Supp. No. 26 2887 FORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 5 21-11(c) 22-2001 8- 9-01 1 2-136 23-20D1 $- 9-01 1 2-2(a) 24-2041 8- 9-Oi 1, 2 2-85(3) 25-2001 8-23-D1 1 6-112{F} 26-2001 8-23-01 I 45-2 27-2001 9-13-01 2 15-1 3 15-2 30-2001 10-11-01 1 Rpld 2-51 2 2-40(h) 3 2-42 4 2-59 31-2001 10-25-01 1 6-110 2 6-115(B)(5) 02-2002 2-14-D2 1 App. G, 45-20f4) 03-2002 2-I4-D2 1 App. C, 45-36N.(1) 2 App. C, 45-36L. 05-2002 2-28-42 1 6-16 2 6-17 3 Rpld 6-2 4 Rpld 6-3 5 Rpld I1-11 6 Rpld 12-16, 12-17 7 Rpld 25-1--25-I1 25-23, 25-24 25-3625-38 06-2002 2-28-02 1 Added 2-1(d) 2 2-154 3 2-164{d} 48-20fl2 3-28-02 1 27-17 2 27-18 3 Added 27-20 10-2002 4-25-02 1 6-114(D) 12-2402 5- 9-02 1 Added 12-I6 2 Rpld 12-17 13-2D02 5- 9-02 1 6-17(Hist. note) 14-2002 5- 9-02 1 Added 5-25 I5-2002 4- 9-02 1 Added I9-10 20-2042 &-13-D2 I 9-19 22-2002 7-11-02 I Added 25-1-25-7 23-2002 7-11-p2 1 2-173 24-2002 9-12-02 1 17-1 26-2402 9-26-02 1 App, C, § 45-33A. 2 App. C, § 45-33E, 3 App, C, § 45-33G. 29-2042 14-14-02 14-30{2) 30-2002 12-12-02 I Added 1-10 2-2003 1-23-03 1 Added 2-165 D6-2003 2-27-03 1 App. A, § III(Hist. note) 48-2003 3-27-03 1 2-177 2 Added 2-182 09-2003 4-10-03 1 6-114(D) 11-2003 4-10-43 1 App. A, § III 13-2003 5- 8-03 1-3 2-161(a), (b), (e) 4 2-162 14-2003 5- 8-03 1 Added 18-20 IThe nexE page is 2933] 5upp. No. 26 2888 CODE INDEX Section Section MEDICAL SERVICES N Emergency medical services 11.5-21 et seq. See: EMERGENCIES NOISE Animal noises 19-107 MEETINGS. See: ASSEMBLIES Buildings, premises or property Noise from 19-102 MISSILES, STONES, ETC. Code enforcement board, applicability re.. 2-173 Throwing missiles I9-83 Conduct, noisy and boisterous 19-I06 MONTH Construction activity, permissible time for 19-111 Definitions and rules of construction 1.2 Definitions . . 19-99 EIectz•onic audio equipment . 19-104 MONUMENTS Enforcement Subdivisions, required improvements re 36-27 Authoi7ty 19-116 Procedure MOTOR VEHICLES AND TRAFFIC Al] othor noises 19-1I7(b) Ambulances 17-50, 17-51 Motor vehicle noise enforcement, op- Businesses Iocated outside village limits; crating 19-117(a) marking of commercial vehicles 17-34.13 Engine exhaust . 19-108 Gombat Auto Theft (CAT) 18-19 , , , , 19-120 Exemptions Fire division, provisions re cars and desig- Fared mechanical equipment 19-1i2 noted emergency vehicles.... , 12-31 et seq. Horns and signal devices 19-103 See: FIRE PREVENTION AND PRO- Load• unloadm and un ackin 19-110 TECTION g p g Loudspeakers and devices for advertising. 19-105 Hitr_hhiking prohibited 19-6 Measurement procodure........ . 19-113 Junked vehicles Musical instruments . 19-104 Abandoned, inoperative and junked prop- Noiso control measurement standards other erEy . . . . . . . 14-37 et seq. than motor vehicle noise standards.. 19-118 See; GARBAGE AND TRASH Noise control oli 19-100 Motorized scooters 18-20 p ~ Peizods of observation . . 19-114 Noise control policy, provisions re 19-103 et seq, Radios . 19-104 See: NOISE Special permits excepted 19-119 Occupational iicenses; marking of commer- Unnecessax•y, excessive or offensive noise cial vehicles 17-33.1 Unlawful to make.......,............ 19-101 Park regulations re traffic 20-5 Vehicle defect or condition of load 19-109 Parking. See herein; Stopping, Standing Voluntary compliance 19-115 and Parking Public safety department NUDITY Police division, provisions re traffic 2-76(b)(5) Topless costumes prohibited . 19-54 Public services department NUISANCES Division of signal service 2-85(3) Stopping, standing and parking Abandoned, inoperative and junked prop- Parking restricted 18-34 erty................,.............. 14-37 et seq. Recreational, boating and camping equip- See: GARBAGE AND TRASH ment, and personal recreational use Animals creating nuisances 4-12 trailers; ackin on residential ro False alarms erty res~ictedg .............p p Excosaive false alarms declared public I8-35 nuisance 19-212 Signs, parking in violation of.......... 18-36 Rabid animals declared nuisance......... 4-42 Vehicle, trailer or boat parking prohib- Weeds and brush q. 14-79 et se iced upon paved or unpaved area of See: WEEDS AND BRUSH the road right-of-way of specific roadways 18-34.1 NUMBER Violations; £mes Definitions and rules of construction 1-2 Handicap spaces 18-37 Non-handicap spaces 18-38 p Vehicular operation Speed limits OATH, AFFIRMATION, SWEAR OR SWORN Generally 18-16 Administrative code, provisions re oaths of Weight limitations an certain roads.... 18-I8 °ffice•••••••••••••••••••••••••••••• 2-41 Definitions and rules of construction 1-2 MUSICAL INSTRUMENTS Election inspectors and clerk; oath re- Noise control 19-104 quired 10-59 Supp. No. 28 2947 NORTH PALM BEACH CODE j" Section Section OATII, AFFIRMATION, SWEAR OR SWDRN OWNER (Cont'd.) Definitions and rules of construction 1-2 General employees retirement board; oaths of office 2-154 p Reserve police force; oath required 23-47 PALM BEACH COUNTY. See: COUNTY OBSCENITY, See: INDECENCY AND OB- SCENITY PARKING Landscaping, provisions re off-street park- OBSTRUCTIONS ing 27-38, 27-59 et seq. ~,I Passageways, obstructing 19-47 OCCUPATIONAL LICENSES See: LANDSCAPING Rogulations enumerated I7-16 et seq. Parks; designated parking areas 20-5(6) See: LICENSES AND PERMITS Stopping, standing and parking.......... 18-34 et seq. See: MOTOR VEHICLES AND TRAF- OFFENSES FIC Definitions . I9-1 Zoning, provisions re off-street parking... 45-27 et seq. Enumerated 19-3 et seq. See: ZONING (Appendix C) See also specific offenses as indexed PARKS, PLAYGROUNDS AND RIaCREATION State misdemeanors adopted 19-2 Alcoholic beverages OFFLCERS AND EMPLOYEES Consumption on playgrounds and public Administrative code 2-39 et seq. parks........................... 3-3 See: ADMINISTRATIVE CODE Bicycles Definitions and rules of construction 1-2 Operation in safe maimer, etc.......... 20-6(2) Elections. See also that subject Operation prohibited in certain areas 20-6(1) Generally 10-1 et seq. Buildings or structure, erecting.......... 20-3 Inspectors and clerk 10-58 et seq. Department of recreation Finance director . 2-59 Director's duties Impersonating village official 19-8 Conduct community activity 2-1I0(2) Librarian 2-93 Supervise recreation areas.......... 2-110(1) Mayor 2-18, 8-16 Ejectment of violators 20-8 Pensions and retirement. See also that Enforcement of provisions, responsibility . 20-7 subject Hours regulated 20-1 Length of service award plan for volun- Meetings and gatherings tear firefighters 2-170 et seq. Liability for loss or injury............. 20-23 Pension and certain other benefits for Permit fire and police employees 2-159 et soq. Appeal from refusal to issue 20-35 Pension and certain other benefits far Application 20-33 general employees 2-146 et seq. Form 20-32 Social security 2-136 et seq. Issuance standards 20-34 Public safety director 2-75 Required,......................... 20-31 Public services director 2-84 Revocation 20-36 Recreation director . . 2-110 Rules and regulations, permittee bound Social security 2-136 et seq. by. , 20-22 See: SOCIAL SEGURLTY Property used to violate proviaiana, confis- Village clerk and deputy village clerk..... 2-67 et seq. cation of . 20-9 See: DOCUMENTS AND PUBLIC Public services department RECORDS Division of parks 2-85(2) Village manager . 2-115 et seq, Recreation advisory board See: VILLAGE MANAGER Croated 20-61 OFFICIAL TIME Duties 20-66 Meetings 20-65 Definitions and rules of construction . , . , . 1-2 Officers' quorum, compensation........ 2fl-64 OPEN SPACES. See: YARDS AND OPEN Removal 20-63 SPACES Terms . . 20-62(b) OR, AND Definitions and rules of construction 1-2 ORDINANCES. See: CODE OF ORDI- NANCES f Supp. Na. 26 2945