The URL can be used to link to this page

Code of Ordinances Supplement 27 SUPPLEMENT NO. 27 March 2004 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 02-2404, adopted January 22, 2004. See the Code Comparative Table for further inforzrzation. Remove old pages Insert new pages xi-xvi xi.-xtri Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 143-146 143-146.1 14$. I-150 149-150.1 267-269 267-269 327-332 327-332.1 383, 384 383, 384 947, 948 947, 948 1055-1060.1 1055-1060 1239-1242 1239-1242 1521---1523 1521-1523 1629-1631 1629-1831 2486.2.3-2486.4 2486.2.3-2486.3 2$89 2889 2951, 2952 2951, 2952 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Pnst Office Sox 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-500-262-CODE Website: www.municode.com - t TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] 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 18 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General............. 135 Art. II. Council 136.4 Div. 1. Generally 136.4 Div. 2. Rules of Procedure 136.4 Art. III, Administrative Code 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 8. 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. 27 ~ r NORTH FALIVI BEACH CORE C Chapter Page Div. 3. Pension and Certain Other Benefits far Gen- eral Employees 143 Div 4. Pension and Certain Other Benefits for Fire and Police Employees 151 Div 5. Length of Service Award Plan far `Tolunteer Firefighters 161 Art. V~. Code Enforcement Board 163 3. Alcoholic Beverages 211 4. Animals and Fowl.......-----• 263 Art. I. In General 265 Art. II. Dogs and Cats . . . . . . 266 Art. III. Rabies Control 269 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art, III. Construction Requirements 326 Div 1. 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. IV. Marine Sanctuaries 333 (l 6. Buildings and Building Regulations 381 Art. I. In General 383 I Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 3$4 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. N 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 Art. 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 5upp. No. 27 Xii TABLF OF CONTL~NTS-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 Art. 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. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. TT. Administration 783 Art. TII. Provisions for Flood Hazard Reduction 786 13. Reserved $39 14. Health and Sanitation 889 Art. T. 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. I. In General 1053 Art. II. Occupational Licenses 1054.1 Art. III. Businesses Located Outside Village Limits 1060 Art. IV. Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp, Na. 27 xiii N(JRTH PALM BEACH CODE Chapter Page 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General . . . . . . 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1174.1 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1225 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 1236 Art. X. Alarms 1238 Art. XI. Wellfield Protection 1242 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. TIL Board of Adjustment 1347 Art. N Cancurrency 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 1455 Art. III. Reserve Force 1465 24. Streets Sidewalks and Public Places 1517 Art. I. In General 1519 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 Supp. No. 27 xlv fiASLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 1575 Art. III. Reserved 1576 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. N Telecommunications Service Tax 1634 27. Treos and Shrubbery 1681 Art. I. In General 1683 Art. II, Trees in Swale Areas 1683 Art. III. Landscaping . . . . . . 1684 Div. 1. Generally 1684 Div. 2. Reserved 1686 Div. 3. Requirements far Certain Yard Areas, Off- Street Parking and Othor Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appoarance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Pracedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. honing ............................................~---.. 2479 Art. I. In General 2481 Art. II. Generally 2485 Art. ILI. District Regulations 2486.2.4 Arts. N, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land anal Structures. 2516 D. ~'ranchises 267.9 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Supp. No. 27 xy NORTH PALM BEAOH CODE Page Code Comparative Tab~.e-Ordinances 2875 Charter Index 2933 Code Index 2935 1. Supp. Na. 27 xyi Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience inpublishing LooseleafSupplements 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 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 far 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 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 I 137, 138 23 x.iii 1 139, 140 23 xi, xii 27 140.1 23 xiii, xiv 27 141, 142 22 xv, xvi 27 142.1, 142.2 22 1 25 143, 144 27 3, 4 25 145, 146 27 5, 6 25 146.1 27 8 25 147, 148 24 9, 10 25 149, 150 27 11, 12 25 150.1 27 13, 14 25 151, 152 26 15, 16 25 153, 154 26 17, 18 25 155, 156 26 19 25 156.1, 156.2 26 65 25 156.3 26 77 OC 157, 158 25 79, 80 OC 159, 160 25 81, $2 25 161, 162 25 Supp. No. 27 [1] NORTH PALM BEACI3 CODE Page No. Supp. No. Page No. Supp. No. 163, 164 25 671 2 165, 166 25 673 24 167, 168 25 695 13 169 25 697 13 211 OC 723 24 213, 214 19 725 24 263 OC 726.1 13 265, 266 OC 727, 728 5 267, 268 27 729 5 269 27 777 OC 319 OC 779, 780 OC 321, 322 17 781, 782 OC 323, 324 16 783, 784 OC 325, 326 24 785, 786 OC 327, 328 27 787, 788 OC 329, 330 27 789 OC 331, 332 27 839 OC 332.1 27 889 OC 333, 334 2fl 891, 892 25 381 23 892.1 15 383, 384 27 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 27 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398,11, 398.12 25 1051 OC 398.13, 398.14 25 1053, 1054 25 398.14.1, 398.14.2 25 1054.1, 1054.2 25 398.15, 398.16 8 1055, 1056 27 399, 400 OC 1057, 1058 27 4fl1, 402 OC 1059, 1060 27 403 OC 1061, 1062 8 453 OC 1063, 1064 8 455, 456 22 1121 OC 507 22 1171 OC 509, 510 22 1173, 1174 26 51 ] 22 1174.1 26 559 17 1175 19 561, 562 24 1225 OC 563, 564 24 1227, 1228 24 615 OC 1228.1 24 617, 618 OC 1229, 1230 2I 619, 620 6 1231, 1232 21 Supp. AIo. 27 [2] CHECKi.IST OF iFP-TO-DATE PAGES Page No. Sea~pp. No. Page No. Stipp. No. 1233,1234 21 1781 21 1235, 1236 21 1783, 1784 21 1237, 1238 i6 1785, 17$6 21 1239, 1240 27 1787, 1788 21 1241, 1242 27 1789, 1790 27. 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 I346.1 22 2047, 2048 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 i 1463 OC 2369, 2370 OC 1465, 1466 OC 2371, 2372 OC 1517 OC 2373, 2374 OC 1519, 1520 OC 2375, 2376 OC 1521, 1522 27 2377, 2378 22 1523 27 2379 22 1573 24 2479 9 1575, 1576 24 2481, 2482 23 1627 9 24$3, 2484 23 1629, 1630 27 2485, 2456 23 1631 27 2486.1, 2486.2 23 1681 OC 2486.2.1, 2486.2.2 23 1683, 1684 24 248fi.2.3, 2486.2.4 27 1684. i, 1684.2 24 2486.3 27 1685, 1686 OC 2487, 2488 OC 1687, 16$8 17 248$.1, 2488.2 18 1689, 1690 17 2489, 2490 18 1739 14 2491,2492 18 1741, 1742 21 2493, 2494 18 Stepp. No. 27 [3l NORTH PALM BEACH CORE Page No. Supp. No. Page No. Supp. No. 2495, 2498 18 2515, 2516 22 2497, 2498 21 2517, 2518 22 2499, 2500 2i 2619 21 2501, 2502 25 2819, 2820 26 2503, 2504 25 2809, 2870 OC 2504.1, 2504.2 16 2871 OC 2505, 2506 10 2873 OC 2507, 2508 13 2875, 2876 OC 2509, 2510 13 2877, 2878 OC 2510.1, 2510.2 25, Add. 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510,12 25, Add. 2889 27 2510.13, 2510.14 25, Add. 2933, 2934 25 2510.15, 2510.16 25, Add. 2935, 2936 23 2510.17, 2510.18 25, Add. 2937, 2938 24 2510.19, 25].0.20 25, Add. 2939, 2940 25 2510.21, 2510.22 25, Add. 2940.1 25 2510.23, 2510.24 25, Add. 2941, 2942 24 2510.25, 25].0.26 25, Add. 2943, 2944 24 251027, 2510.28 25, Add. 2945, 2946 25 2510.29, 2510.30 25, Add. 2947, 294$ 26 2510.31, 2510.32 25, Add. 2949, 2950 25 2510.33, 2510.34 25, Add. 2950.1 24 2510.35, 2510.36 25, Add. 2951, 2952 27 2510.37, 2510.38 25, Add. 2953, 2954 25 2510.39, 2510.40 25, Add. 2955, 2956 25 2510.41, 2510.42 25, Add. 2965, 2966 25 2510.43, 2510.44 25, Add. 2967 25, Add. 2510.45, 2510.46 25, Add. 2510.47, 2510.48 25, Add. 2510.49, 2510.50 25, Add. 2510.51, 2510.52 25, Add. 2510.53, 2510.54 25, Add. 2510.55, 2510.56 25, Add. 2510.57, 2510.58 25, Add. 2511, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512.5, 2512.6 23 2512.7 23 2513, 2514 OC Supp. No. 27 [4] f ADMINISTRATION § 2-146 DIVISION 3. PENSION AND CERTAIN member, or if no such person so designated is OTHER BENEFITS FOR GENERAL living at that time, the beneficiary shall be the EMPLOYEES* estate of the member. Board means the board of retirement, which Sec. 2-146. Definitions. shall administer and manage the system herein provided and serve as trustees of the fund. As used herein, unless otherwise defined or required by the context, the following words and C`r'edited service means the total number of phrases shall have the meaning indicated: years and fractional parts of years of actual service with the village and shall apply to an Accrued benefit is the benefit earned to date employee whose employment is terminated with using the normal retirement benefit. the village and who recommences full-time em- ployment within two (2) years from the date of Actuarial equivalence or actuarially equivalent termination. means that any benefit payable under the terms of this plan in a fvxm other than the normal form Earnings means grass salary, (including over- of benefit shall have the same actuarial present time) but excluding bonuses or any othox value on the date payment commences as the nonregular payments such as unusod sick leave normal form of bonefit. Far purposes of establish- and vacation time pay ing the actuarial present value of any form of Effective date means the date on which this payment, other than a lump sum distribution, all division bocomes effective [January 13, 1983] . futcrre payments shall be discounted far intorest Plan year is from October 1 to September 30. and mortality by using eight {8} percent interest Employee shall mean any actively employed and the 19$3 group annuity mortality table far full-time general employees of the village, except males with ages set ahead five (5) yeaxs in the firemen and policemen, case of disability retirees. In the case of a lump sum distribution, the actuarial present value shall Einal average earnings means the arithmetic be determined on the basis of the same moxtaIity averago of the twelve (12} months earnings for tho rates as just described and the pension benefit highest sixty {60} months of the one hundred guaranty corporation's interest rates far terminat- twenty (120) consecutive months of service imme- ing single emplvyor plans which rates are in effect diately preceding the retirement or termination of on the October 1 immediately preceding the a member. member's date of termination. Fund means the trust fund established herein as part of the system. Agreement means the written ordinanco from which this division derived, setting forth the Member means an actively employed full-time provisions of the retirement system. employee who fulfills the prescribed participation requirements, after twelve (12) months employ- Benefieiary means the persons or persons anti- ment and will become a participant on the Octo- tled to receive benefits hereunder and who has or bar 1 of the next fallowing year. have been designated as such in writing by the Spouse means the lawful wife or husband of a member and filed with the board. If no such member at the time of pxeretirement death or designation is in effect at the time of death of the retirement. *Editor's nate~ection 13 of Ord. No. 1-83, adopted Jan. System means the Village of North Palm Beach 13, 1983, repealed Ord. No. 10-82, adopted June 10, 19$2, general retirement fund as contained herein and from which ordinance 2-146 2-156 formerly derived. At ajl amendments thexeto. the discretion of the editor, 1-11 of Ord. No. i-83 have been codified as herein set out in 2-14G--2-156. All funds and (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, assets from the former system, as set out by Ord. No. 10-82, 9-5-83~ Ord. No. 36-9Q, § 1, 10-25-9a; Ord. No. are transferred to this system, asset out by Ord. No. 1-83, and 9-94, § 1, 6-9-94; Ord. No. 12-96, § 1, 3-28-96) all rights and benefits of members in that system will be Cross reference-Definitions and rules of construction credited to and maintained by this fund. generally, § 1-2. Supp. No. 27 143 § 2-147 NORTH PALP& BHACH CODE t Sec. 2-147. Membership. thereafter, and each member shall become one (a) Conditions of eligibility. All employees as of hundred (I00) percent vested in his or her ac- the effective date and alI future new employees, trued benefit on his normal retirement date. The except members of the fire department and police normal retirement date described above shall department, shall become members of this system apply only to members who are hired as general as a condition of employment. employees from and after the effective date of this ordinance. (b) Application for membership. Each current The normal retirement date for a member who and future eligible employee shall complete an ~,j,as a general employee of the village prior to the application form covering items set forth below, effective date of this ordinance shall be the first and provide ether information, as may be pre- day of the month coincident with, or next fallow- scribed by the board. ing, attainment of his or her sixty-fifth birthday. (1) Acceptance of the terms and conditions of Employees who are vested and eligible to retire the retirement system. shall have the right to file a written election to be (2) Designation of a beneficiary or beneficia- considered retired on the day before death if such Ties. employee should die prior to retirement. If an {3} A certified statement as to prior medical employee who is vested and eligible to retire dies history. prior to retirement without making the foregoing election, the election can be made by the employee's (4) A written release allowing distribution of beneficiary previously designated in the village all medical records to the board. records. For the purposes of all benefits hereunder, an (b) Retirement benefit. Amember retiring here- application for membership shall be considered to under on or after his normal retirement date shall have been in effect from date of employment, even receive a monthly benefit which shall commence though officially accepted and approved by the on his retirement date and be continued thereaf- board at a later date. Failure to complete an ter during his lifetime, ceasing upon death. The application within ninety {g0) days of employ- member's annual pension benefit shall equal two meet and written notice of this agreement shall (2) percent of final average earnings multiplied by constitute a deliberate choice to be excluded from the member's credited service for the first twenty the system. (20) years of credited service and one (1) percent (c) Change in designation of beneficiary. Amem- for each year of credited service thereafter. ber may, from time to time, change his designated {c) Late retirement. A participant who retires beneficiary without approval by the board of after his normal retirement date shall be paid the trustees or previous beneficiary by written notice monthly benefit otherwise payable to the partici- to the board upon forms provided by the hoard. pant at his normal retirement date increased by Upon such change, the rights of all previously using the benefit formula for normal retirement designated beneficiaries to receive any benefits together with consideration of his additional years under the system shall cease. or fractional parts of years of credited service and {Ord. No. I-83, § 2, 1-I3-83) final average earnings. Sec. 2-148. Benefit amounts and eligibility. {d) Early retirement. Amember may retire after age fifty-five {55) and shall receive vested (a) Retirement date. A member's normal retire- accrued benefit. If a member does retire early, his went date shall be the first day of the month or her pension shall be actuarially reduced for coincident with, or next following, attainment of early retirement. his or her sixty-fifth birthday and the completion (e) Preretirement death. of nine (9) fall years of service with the village. A member may retire on his or her normal retire- {1) If a participant who is no longer an em- ment date or on the first day of any month ployee of the village dies prior to the Supp. No. 27 144 ADMINISTRATION § 2-149 normal retirement date and has attained {b) Each member entitled to a normal or early agefifty-five (55) and had five (5) years of retirement benefit shall have the right, at any credited service, a pension benefit of fifty time prior to the date on which benefit payments (50) percent of the amount the participant begin, to elect to have this benefit payable under would have been entitled to, actuarially any of the options hereinafter set forth in lieu of reduced for early retirement, shall be paid such benefits and to revoke any such elections to the surviving beneficiary for as long as and make a new election at any time prior to the the beneficiary shall live. Such amount actual beginning of payments. The value of op- shall be based on the amount payable tional benefits shall be the actuarial equivalent of under the fifty (50} percent joint and the value of benef is otherwise payable. The mem- survivor option, reduced actuarially to the ber shall make such an election by written re- age of the beneficiary. quest to the board, such request being retained in (2) If a member dies prior to the normal the board's files. retirement date and is then employed by Option 1. Joint and last survivor option. The the village and has five (5) years of creel- member may olect to receive a benefit ited servico, such member regardless of during his lifetime and have such benefit age shall receive pension benefits as set {or a designated fraction thereof} contin- forth in subsection (3). ued after his death to and during the {3) The members specified in subsection (2) lifetime of his designated beneficiary. The above shall receive a benefit equal to the minimum joint and survivor percentage member's vested accrued pension as com- shall be fifty {50}percent, reduced actuari- puted under section 2-148(b) and shall be ally to the age of the beneficiary. The payable to the designated beneficiary in olection of option 1 shall be null and void equal, consecutive monthly installments if the designated beneficiary dies before over ten (10) years. The benefit payment the member's benefit payments commence. specified herein shall commence upon death of the plan member and approval of the Option 2. Life annuity with ten years certain. pension board. The member may elect to receive a monthly benefit for one hundred twenty (I20) (f) ?'ermination of employment. A participant monthly payments certain. In the event who terminates his employment for reason other the member dies after his retirement, but than death or retirement shall be entitled to a before he has received retirement benefits deferred monthly retirement benefit commencing for a period of ten (10) years, the same at his normal retirement date equal to the prod- monthly benefit will be paid to the bene- uct of his vested porcontage, as determined from ficiary (or beneficiaries} as designated by tha following schedule, and his accrued benefit: the member for the balance of such ten- year period or, if no beneficiary is desig- Credited Serraice Vested Percentage noted, to the surviving spouse, ar estate of Less than 5 0 the member. 5 but less than 7 50 Option 3. Other. In lieu of the optional forms 7 but less than 9 75 enumerated in this section, benefits may 9 or more 100 be paid in any form approved by the board (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, § 2, so long as it is the actuarial equivalent of 6-9-94; Ord. No. 12-95, 1, 2, 3-23-95; Ord. No, the benefits otherwise payable. 35-2003, § 1, I2-1I-03) Option 4. Social security adjustment option. Ifa Sec. 2-149, Normal and optional forms of member retires before being eligible for benefits. social security benefits, he or she may {a) The normal form of retirement benofit is a elect an option to receive a larger pension monthly benefit for life. up to the date he or she begins receiving Supp. No. 27 145 § 2-149 NORTH PALM BEACH CODE social security benefits. The member's pen- who are not firemen or policemen. Employees who Sion benefits shall be appropriately re- are elected cannot work in the same departments doted after social security payments be- of the village. The term of service of employees on gin. The amount of reduction shall be the general retirement board shall be indefinite actuarially determined by the actuary. or until the time such employee member of the retirement board is retired, disabled, resigns, {c) Lump sum payment. Notwithstanding any- terminates village employment or is removed for thing contained within section 2-145 and section misconduct by majority vote of the employees or 2-149 to the contrary, the board, in its sole discre- the council of the village or for nonparticipation tion, may elect a lump sum payment to the by missing two (2) or more consecutive meetings. beneficiary or beneficiaries in lieu of installments The election to the board shall be arranged by the when the monthly benefits do not exceed the sum village clerk, who shall give reasonable notice of of one hundred dollars {$100A0). This provision the election to the eligible voters. One (1) member applies to normal rotirement, late retirement, of the general retirement board shall be a resi- early retirement and preretirement death regard- dent of the village, selected by the village council, less of the fact that the member elected retire- one (1) member shall be the village manager and went benefits to be made in monthly install- one (1} member shall be the village mayor who meets. shall serve as nonvoting chairman. except in case (Ord. No. 1-83, § 4, 1-13-83; Ord. No. 4-93, § 1, of a tie vote of the retirement board. The mayor 1-14-93) may designate another member of the village council to servo in his place, from time to time. Sec. 2-150. Village contributions. (a) Generally. So long as this system is in (b} Should a vacancy occur in the position of a effect, the village shall make a contribution to the member serving as an employee member, the trust fund in an amount equal to the total cost for village employees shall, within thirty (30} days, the year as shown by the most recent actuarial hold an election and elect a successor to serve. valuation of the system. The total cost for any Should the member appointed by village council year shall be defined as the total normal cost, plus resign or relinquish his duties on the general the additional amount sufficient to amortize the retirement board, his successor shall be ap- unfunded accrued past service liability over a Pointed by the village council within thirty (30) forty-year period. days. (b) Other. Private donations, gifts and contri- (c) The retirement board hereby created shall butions may be deposited to the fiend, but such Perform all duties and enjoy all rights and powers deposits must be accounted for separately and vested by law or ordinance, and the village attor- kept on a segregated bookkeeping basis. Funds ney may give advice and legal assistance to said from these sources may be used only for addi- retirement board in all matters pertaining to the tional benefits for members, as determined by the performance of their duties, whenever requested board, and may not be used to reduce required and may prosecute and defend all suits which village contributions. may be instituted by or against it; provided, (Ord. No. 1-83, § 5, 1-13-83) however, the retirement board may, in its discre- tion, employ independent legal counsel for such Sec. 2.151. Retirement board, establishment. purposes, if funded by the village council, the expense of such employment to be paid by the (a) There is hereby created a general employ- village. ees retirement board of the village which shall consist of five (5) members. (d) The retirement board shall have full au- thority to administer all the provisions of this Two (2) members of the board shall be employ- division and shall cause all disbursements and ees of the village. The employee members shall be receipt for all monies received by the fund through elected at large by full-time village employees the office of the village treasurer. The retirement f Supp. No. 27 146 ADMINIS7'RATiOIV § 2-153 board shall appoint a secretary who shall keep a complete record of all actions and proceedings by the board. (e) The retirement board shall continue to ex- ist exclusively for the purpose provided by this division and related legislation, and the respon- sibility for the administration and proper opera- tion thereof and. for effectuating the provisions of the law relating thereto, is vested in the retire- ment board. {Ord. No. 1-83, § 6, 1-13-$3) Sec. 2-152. Additional rules and regulations authorized. The retirement board shall have the power to adopt rules and regulations, not inconsistent with the provisions of this division, governing its activ- ities and providing for the certification of the sum to be paid a retired member from tho general retirement fund. (Ord. No. 1-83, § 7, 1-13-83) Sec. 2-153. Investing funds; custodian of se- curities. (a} The retirement board shall have the power and authority to direct the villago treasurer to invest and roinvest the assets of the general retirement fund in a manner consistent with laws and statutes governing the investment of the village. Each of the foregoing powers and func- tions reposed in the retirement board may be performed and carried out by the village trea- surer, at the direction of the retirement board through duly authorized agents, provided that the village treasurer shall, at all times, maintain continuous supervision over the acts of any such agent(s); provided further, that legal titlo to the funds shall remain at all times in the name of the village. (b) The village, or its designated funding agent, shall be the custodian of all securities, and the accretion thereof shall become a part of the gen- eral retirement fund. All funds and securities of the general retirement fund shall be deposited with the village treasurer, who shall keep then in a Supp. No. 27 146.1 l l ADMINISTRATION § 2-158 all or any portion of the balance to the credit of Village at time of passage of this section who do the distributee, except that an eligible rollover not elect to be covered under the optional plan distribution does not include: any distribution within said thirty (30} day period shall continue that is one of a sories of substantially equal to be covered under the existing benefit plan for periodic payments (not less frequently than general employees. annually) made for the life (or life expectancy) , of the distributee or the joint lives (or joint life {b) Retirement date. Amember s normal retire- expectancies) of the distributee and the ment date shall be the first day of the month distributee's designated beneficiary or fora coincident with, or next following, attainment of specified period of ten (10} years or more; any his or her sixtieth birthday and the completion of distribution to the extent such distribution is nine (9) full years of service with the village. A required under section 401(a)(9) of the Code; member may retire on his or her normal retire- and the portion of any distribution that is not men.t dato or on the first day of any month includable in gross income. thereafter, and each member shall become one hundred (100) percent vested in his or her ac- {b) Eligible retirement plan: An eligible retire- creed benefit on his normal retirement date. The meat plan is an individual retirement normal retirement date described above shall account described in section 408(a} of the apply only to members who are hired as general Code, an individual retirement annuity employees from and after the effective date of the described in section 408{b) of the Code, an ordinance from which this section derives. annuity plan described in section 403(a) The normal retirement date for a member who of the Cade, or a qualified trust described was a general employee of the village prior to the in section 401(x) of the Cade, that accepts effective date of the ordinance from which this the distributee's eligible rollover distrihu- section derives shall be the first day of the month tion. However, in the case of an eligible coincident with, or next following, attainment of rollover distribution to the surviving his or her sixtieth birthday. spouse, an eligible retirement plan is an individual retirement account or individ- Employees who are vested and eligible to retire ual retirement annuity. shall have the right to file a written election to be (c) Distributee: A distributoe includes an em- considered retired on the day before death if such employee should die prior to retirement, if an ployee or former employee. 7n addition, employee who is vested and eligible to retirre dies the employee's or former employee's sur- prior to retirement without making the foregoing viving spouse is a distributee with regard election, the election can be made by the employee's to the interest of the spouse. beneficiary previously designated in the village {d) Direct rollover: A direct rollover is a pay- records. ment by the plan to the eligible retire- (c) Retirement benefit. Amember retiringhere- ment plan specified by the distributee. under on or after his normal rotiroment date shall (Ord. No. 13-95, § 1, 3-23-95) receive a monthly benofit which shall commence on his retirement date and be continued thereof Sec. 2-158. Optional benefit plan. ter during his lifetime, ceasing upon death. The (a) Applicability to employees. The optional member's annual pension benefit shall either benefit plan shall apply to all employees hired equal two and one-quarter {2114) percent or two subsequent to the effective date of the ordinance and one-half (21l2} percent of final average earn- from which this section derives and to all existing ings multiplied by the member's credited service employees of the Village at the effective date of for the first twenty {20) years of credited service the ordinance from which this section derives who and one (1) percent far each year of credited elect in writing to be a part of this optional benefit service thereafter as follows: plan within thirty (30) days from the effective (1) All employees hirod prior to the effective date of this section. Existing employees of the date of this section shall have aono-time Supp. No. 27 149 § 2-158 NORTH PALM BEACH CODE option for a period of thirty (30) days from mulated contributions of members. The the effective date of this section to in- intent of this provision is to comply with crease the pension benefit from two and Section 414{h)(2) of the Internal Revenue one-quarter (21l4) percent of final average Code. For paying Social Security taxes, earnings to two and one-half (2112) percent and for such other purposes except as of final average earnings by thereafter specified in this plan, the amount of em- making regular contributions to the fund ployee contributions "picked-up" or paid at a rate equal to two (2) percent of their by the village will be added to the amount respective earnings. If an employee fails distributed on a current basis in order to to make such election within said thirty determine total wages, salary, pay or cam- {30) day period from the effective date of pensation. In the event that the employer ordinance, the employee's pension benefit agrees to assume and. pay member contri- shall remain at two and one-quarter (2114) butaons in lieu of direct contributions by percent of final average earnings. the member, such contributions shall ac- All employees hired subsequent to the cordingly be paid into the plan on behalf effective date of this section shall be re- of the members. No member subject to quired to make regular contributions to such agreement shall have the option of the fund at a rate equal to six (6) percent choosing to receive the contributed amounts (including cost of living) of their respec- directly instead of having them paid by tive earnings and the employee's pension the employer directly to the plan. All such benefit shall be two and one-half (21/2) contributions by the employer shall be percent of final average earnings. deemed and considered as part of the member's accumulated contributions and {d) Member contributions. subject to all provisions of this plan per- (1) Amount. Members of the plan shall make tairung to accumulated contributions of regular contributions to the fund at a rate members. The intent of this language is to equal to two (2) percent of their respective comply with section 414(h)(2} of the Inter- earnings. nal Revenue Code. (2) Duration. The Pillage 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 cation. 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 far each member. Pick-up any year shall be seven (7) percent and contributions shall continue until doath, the minimum rate shall be zero (0) per- disability or termination of service, which- cent. ever shall occur first. Contributions shall remain in the fund unless withdrawn as (4) Gu¢ranteed refund. All contributions made provided in the Plan. No member shall by employees whose employment is termi- have the option to choose to receive the noted prior to vesting shall receive a re- contributed amounts directly instead of fund of all amounts contributed by the having them paid by the village directly to employee together with interest at a rate the plan. All such pick-up contributions equal to the Consumer Price Index, pub- by the Village shall be deemed and be lished by the U.S. Bureau of Labor Statis- considered as part of the member's accu- tics in effect during the year or years of mulated contributions and subject to all employee contributions or seven (7) per- provisions of the Plan pertaining to accu- cent per annum, whichever is less. Supp, No. 27 15Q ADMINISTRATION § 2-158.1 (e) The board shall have the power and author- ity to recommend an increase or decrease in the benefits payable hereunder, through the adoption of an amendment to this article but provided such action is based on an actuarial review by an enrolled actuary who is a member of the Society of Actuaries. {f) All portions of Division 3, Pension and Certain Other Benefits for General Employees, of Article V of Chapter 2 of the Code of Ordinances that are not in conflict with this Section 2-158 shall have full applicability to this optional ben- efit plan. {Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, 7-25-96; Ord. No. 35-2QQ3, 2, 3, 12-11-03) Sec. 2-158.1. Optional benefit plan no. 2. Cost of living adjustment. The amount of pen- sion benefit will be increased or decreased in accordance with the changes in the consumer price index 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 12-month period ending April 1 of that year. The maximum increase or decrease in the member's pension benefit for any one (1} year is three (3) percent. However, the member's pension benefit can never be reduced below the amount the mem- ber received at date of retirement. Such adjust- ments shall apply to each retirement, survivor or disability benefit in pay status as of each October 1. This provision is mandatary for all employees hired after the effective date of this section and Supp. No. 27 150.1 t AI~TTMAI.S AND FpWL § 4-29 license for each dog or cat from the county animal (d) The provisions of paragraphs (a) through control. {c) shall not apply to guide and service dogs pursuant to F.S. section 413.08, nor shall the (b) Failure to have a dog or cat properly li- provisions of paragraphs (a} through (c) apply to censed shall result in an automatic fine of at Least dogs and cats being exhibited at pet shows or dog ten dollars ($10.00) for each separate offense. training schools during the time said shawl and (Code 1970, § 4-13; Ord. No. 206-70, § 7; Ord. No. training schools are being conducted, all of which 210-70, § 1; Ord. No. 10-76, § 1, 6-10-76) must be within the confines of premises and areas set out in paragraphs (a} through (c), above. Sec. 425. CalIar and tag Required. (Code 1970, 4-11, 4-12; Ord. No. 206-70, § 9; Ord. No. 13-80, § 1, 6-12-80; Ord. No. 25-98, § 1, Every owner shall provide each dag and cat 10-$-98; Ord. No. 02-2044, § 1, 1-22-04) more than four (4) months of age kept, harbored or otherwise maintained by him in the village Sec. 4-28. Running at Large. with a sturdy collar to which the license tag referred to in section 4-24 of this Code shall be (a) Dogs on streets and sidewalks. No person securely fastened and it shall be the owner's duty owning or having possession, charge, custody or to make certain that the collar and tag are worn control of any dog shall cause, permit or allow the at all times by the dog or eat when off the owner's dog to stray, run, be, go or in any other manner to premises. be at large in or upon any public street or side- {Code 1970, § 4-19; Ord. No. 10-76, § 2, 6-10-76} walk unless accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash is not to exceed eight (8) feet in Sec. 4-26. Same-Unauthorized removal. length. No person, other than the owner ar keeper, (b) Dogs on pf~operty of others. No person own- shall remove ar cause to be removed the collar or ing or having possession, charge, custody or con- tag required by section 4-25 of this Cade from any trol of any dog shall cause, permit or allow the dog dag or cat within the village. to stray, run, be, go or in any other manner to be (Code 1970, § 4-20; Ord. No. 206-70, § 8) at Large in or upon private property of others within the village without the express or implied Sec. 4-27. Prohibited in certain areas; excep- consent of the owner of such private property. tloxAS. {c) Cats. No person awning, harboring or hav- {a) The owner of any dog or cat shall not ing in his possession any cat shall knowingly permit or allow such dog or cat to be or enter upon permit or allow such cat to run at large within the any church premises, public hall or building, village, or knowingly allow such cat to be upon school premises, restaurant, store, market or any any street, boulevard, road or alley of the village place where food or drink is commercially dis- or in any yard or enclosure other than the yard or pensed or sold. enclosure occupied or owned by such cat owner between the hours of ll:00 p.m. and 7:00 a.m. (b} No person, being the owner of any dog or (Code 1970, § 4-2I; Ord. No. 206-70, § 12; Ord. No. cat, shall permit the same to be in any public park 3-75, § 1; Ord. No. 10-76, § 3, 6-10-76} of the village unless the village council has set aside a portion or portions of public parks for Sec. 4-29. Vicious, biting and attacking dogs. exclusive usage as a dog park. (a} It shall be the duty of the owner of any dog (c) Any dog or cat found running at large in to prevent such dog from biting or attacking any any public park of the village shall be impounded person in the village, and if a person is bitten by by the police department in the manner provided a dog he shall report the incident to the depart- for in section 4-30. ment of public safety immediately. Supp. No. 27 267 r § 4-29 NORTH PALM BEACH CODE {b) Whenever any dog shall have bitten any whatever fines, if any, may have been imposed for person, the director of public safety may order the violation of this chapter and providing the such dog quarantined in the county animal rescue owner shall also pay a pickup fee of ten dollars league shelter or county animal control center or ($10.00} plus a boarding fee of three dollars ($3.00} in a veterinarian's kennel, or on the owner's for each day the dog or cat is impounded following premises, far period extending not longer than the first day of impoundment. fourteen {14} days from the date of biting. (d) Disposition upon owner`s failure to redeem. (c) All expense incurred while the dog is in If the owner of the dog ar cat shall not make quarantine shall be borne by the owner, keeper or application for its release within forty-eight (48) harborer of the dog. hours, or shall not pay the charges and fines (d) Any dog which may unprovokodly bite or above referred to, then the director of public attack any person in the village is hereby de- safety will release such dog or cat to the county Glared to be a public nuisance and such dog may animal rescue league. be apprehended and impounded at any time by (Cade 1970, § 4-34; Ord. Na. 206-70, § 13; Ord. No. any police officer, or other person charged with 8-73, § l; Ord. Na. I3-80, § 2, 6-12-80) the enforcement of this chapter. If such dog is impounded, the owner shall have no right to Sec. 4-31. Persons walking dogs responsible redeem the dog if it has unprovokedly attacked or for removal of waste. bitten any person or persons in the village on two (2) or more separate occasions within any twenty- It shall be unlawful for any person, while four-month period unless he shall remove such walking a dog, to permit such dog to defecate dog from the village, immediately upon redemp- upon. private property not owned by such person Lion and shall not thereafter keep, harbor or or not owned by the owner of the dog, or upon otherwise maintain such dog in the village at any public property, including, but not limited to, time. A dog bite or attack shall be considered public sidewalks and Swale areas, without remov- unprovoked if the dog which bites or attacks is ing the fecal matter immediately after such defe- unleashed or not confined on the owner's pre- cation has ended. mixes at the time. (Ord. No. 8-79, § 1, 5-10-79) (Code 1970, § 4-26; Ord. No. 206-70, § 5; Ord. No. 10-76, § 4, 6-10-76) Sec. 4-32. Persons walking dogs to carry waste-removal implements. Sec. 4-30. Impoundment. (a} Required. Whenever a dog or cat is within ~3' person who walks a dog off the premises the corporate limits of the village in violation of where the owner of the dog resides or off the the provisions of this chapter, it shall be the duty Premises where the person who is walking the dog resides shall carry with him, at all times of any police officer of tho village; when such fact when so walking a dog, appropriate implements shall be called to his attention, to take charge of to remove any fecal matter deposited by the dog such dog or cat and impound it, on public property or upon private property not (b) Notice. Any police officer or other employee owned by the owner of the dog nor owned by the of the village who impounds or otherwise acquires person walking the dog, together with adequate possession of a dog or cat who has a license tag containers to carry the fecal matter back to the affixed to such animal, shall make every effort to private property of the owner of the dog or back to notify the owner as soon as is reasonably possible, the private property of the person walking the dog. (c) Redemption by owner. Within forty-eight (Ord. No. 5-79, § 2, 5-10-7g} {48) hours theroafter, the owner of such dog or cat may apply for its release and such release shall be granted providing the owner shall have paid Secs. 433-4-41. Reserved. Supp. No. 27 268 ANIMALS AND FOWL § 4-46 ARTICLE III. RABIES CONTROL be unlawful to permit or allow any dog or cat upon the public street, alley or sidewalk or other place Sec. 4-42. Rabid animals-Declared nui- unless such dog or cat is securely muzzled. sauce. (Code 1970, § 4-33) Any dog, cat or other animal suffering from Sec. 4-46. Reporting death or destruction. rabies is hereby declared to be a public nuisance In all cases where any dog, cat or other animal and any such animal may be slain by any police which has bitten a person is slain or dies within offcer, or other person charged with the enforce- fourteen {14) days from the time of the bite, it rnent of this chapter, if the same cannot be safely shall be the duty of the person slaying such dog, apprehended and impounded. cat or other animal, and the ownex of such dog, (Code 1970, § 4-30) cat or other animal to notify the police depart- ment and to immediately deliver such dog, cat or Sec. 4-43. Sarno--Confinement. other animal intact to such department, or cause the same to be done. It shall be the duty of any person keeping, (Code 1970, § 4-28) 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) Sec. 4-44. Same-Duty to report; irnponnd- 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 ar other animal suffering with rabies to report such fact immediately to the director of public safety. Such report shall give the 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 whore 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 veter7nary hospital or taken up and impounded and securely kept until it can be determined whether any such dog, cat ar other animal is suffering with rabies. (Code 1970, § 4-32) Sec. 4-45. Muzzles; when required. Whenever the mayor, by proclamation, shall declare that danger from rabies is great, it shall Supp. No. 27 269 [The next page is 319] I ~i, 1 BOATS, DOCKS AND WATERWAYS § 5-71 purposes only if the canal cannot be used for tort' and acceptable to the village council and such navigational purposes by virtue of its width, other bond is not necessary for the performance of the construction features or by virtue of inability of terms of this chapter. boats to travel thereon continuously to open wa- (Code 1970, § 11-31) ter. (Code 1970, § 11-23) Secs. 5.62-5-SS. Reserved. Sec. 5-80. Canal crossings. DTVTSION 3. BULKHEADS AND SEAWALLS` All roadway crossings far all proposed canals Sec. 5-69. Compliance with division re- far navigation purposes or for navigation and quired. drainage purposes shall have a minimum vertical clearance of sixteen {16) feet above moan high AlI bulkheads ar seawalls to be constructed water and a minimum horizontal clearance of within the corporate limits of the village shall twenty (20) feet Face to face of piling or bulkhead. meet the requirements set forth in this division. Plans for all crossings of navigation canals or {Code 1970, § 11-26} navigation and drainage canals shall be submit- ted to the village engineers and must be approved Sec. 5-70. Submission of plans and specifi» by them in writing prior to being constructed. cations. (Code 1970, § ll-25) Plans and specifications for any bulkhead or seawall to be constructed within the corporate Sec. 5-61. Surety bond prerequisite to issu- limits of the village shall be submitted by an ante of building permit in certain engineer registered in the state and shall bear his cases. certification and seal on the face thereof. (Code 1970, § 11-27) (a} Before a building permit is issued for the digging or construction of a canal in an unplatted Sec. 5-71. Specifications. area or in an area where such canal is not to be All bulkheads and seawalls to be henceforth dedicated to the public, the applicant for such constructed shall be of reinforced or prestressed permit shall furnish a surety company bond sat- concrete construction and shall be subject to the isfactory to the village council, guaranteeing that fallowing minimum requirements: within twelve (12} months from the date of the permit the construction of the canal, together {1) All materials and construction methods with the bulkhead or seawall requirements set utilized in the construction shall conform forth herein, shall be entirely completed in full to the applicable portion of the latest state accordance with the approved plans submitted department of transportation standard under this chapter, and copies of these regula- specifications. tions shall be attached to and constitute a part of (2) Bulkheads and seawalls may be of either the bond agreement. the king pile-and-slab type or of the tongue- and-groove-concrete-sheet-pile type or of (b) No permit shall be issued for the construe- any other type which contains compara- tion or digging of any such canal without such ble or better qualities for the purposes of bond. bulkheads or seawalls, depending upon {c) Extensions of the bond required herein or the recommendation of the designing en- gineer. All bulkheads and seawalls shall waiver of such bond may be made by the village be capped with a continuous reinforced council where it is determined by the council that concrete cap a minimum often (10) inches the financial resources and the integrity and reliability of the applicant far a permit i5 satisfaC- ~~Cross reference-Bulkhead lines generally, Ch. 7, Supp. No. 27 327 § 5-71 NDR7.'k3 PALM BEACkI CODE in depth and fifteen (15} inches in width (2} All precast prestressed sections shaIl be and shall be provided with atwo-inch. certified by the manufacturer to the effect chamfer an the top edges of the cap. All that the sections are in conformance with bulkheads or seawalls shall be of the the plans and specifications accompany- anchored type using a suitable tie-back ing the permit, and copies of the certifica- system. The bulkhead cap shall be placed tion shall be furnished to the building at elevation five and five-tenths (5.5) feet inspector. mean sea level, or shall conform to the (Code 1970, § 11-30) elevation of the bulkhead caps in exist- ence on adjacent property insofar as pos- Secs. 5-74-5-80. Reserved. Bible. Special exceptions to this elevation requirement maybe granted if the instal- DIVISION 4. DOCKS AND PIERS lotion is in connection with commercial or industrial development. Sec. 5-81. Definitions. {3) All reinforcing steel shall be provided ~ used in this division, the following terms with a minimum of two and one-half (2'!a) Shall have the indicated meanings, unless the inches of concrete cover. Exposed steel context clearly indicates otherwise: and anchors, tie rods, etc., shall be coated with a protective coating of an approved Batter pile means pile that is designed and type to prevent corrosion. installed on a slope other than vertical in order to {4) All exposed concrete shall be troweled or resist horizontal as well as vertical forces. rubbed smooth prior to setting whether Commercial dock means a wharf, dock or pier concrete is east-in-place or precast eon- facility for tenants of hotels, apartment houses, ~- struetion. condominiums and for commercial uses and shall (5) Plans submitted for the construction of be constructed only in zoning districts other than bulkheads and seawalls shall contain a R-1 and R-2. cross section of the proposed channel on Pier means a dock that extends more than five the canal side of the bulkhead wall. (5) feet perpendicular to a bulkhead ar shoreline. (Code 1970, § ll-28} Private dock ier moorin buo and oatin ~p g y ~ g Sec. 5-72. Reserved. anchor mean those that shall only be used by the occupant and his family and shall be constructed Editor's note-Drd. No. 27-2003, § 2, adopted Sept. 9, only in R-1 and R-2 honing Districts. A private 2003, repealed § 5-72 in its entirety. Former § 5-72 pertained dock, pier, mooring buoy or floating anchor shall to permit fee and derived from Cvde 1970, § 11-29. not be rented or leased. Sec. 5-73. Inspection required. Wave break means a structure designed only to break up waves or boat wakes, not to be used for After issuance of a construction permit and mooring or docking boats. commencement of construction on any seawall or {Code 1970, § 11-32; Ord. No. 3-71, § 2; Ord. No. bulkhead, the work shall be subject to the follow- 1-73, § 1; Ord. No. 35-90, § 1, 9-27-90; Ord. No. ing inspection requirements by the village build- 13-98, § 1, 5-14-98; Ord. No. 04-2001, § 1, 2-8-01} lrig l.nSpeetOr: Crass reference-Rules of construction and definitions (1) The village building inspector shall be generally, § 1-2. present during the first installation of king pile or support sheet and shall in- Sec. 5-82. Generally. spect the site prior to backfilling any (a} Docks, piers, mooring buoys and anchors, anchors or tie rods and before pouring any boat davits and other boat-lifting devices and cast-in-place construction and before final other approved structuros shall be owned and cap pouring. constructed only by tho upland landowner. Supp. No. 27 328 BOATS, DOCKS AND WATERWAYS § 5-53 {b) Boat davits and other boat-lifting devices d. All piling are to be set a maximum of shall require a building permit. ten {10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a (2) Stringers and bracing. Stringers and brac- building permit. ing, if lumber, shall be a minimum two- (Code 1970, § 1x-33; Ord. No. 3-71, § 2; Ord. No. inch by eight-inch. 10-2004, § 1, 4-13-00) (3) Decking. Decking, if lumber, shall be a Sec. 5-83. Minimum design requirements. minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- {4} Fasteners. ring to be constructed over a dock or pier shall a. All bolts, nuts, washers and nails require a permit and shall be classified as a shall be hot dipped galvanized or canopy and shall meet the building code as such. zinc plated or equal. {b) Decking eleaation. The main dock of a dock b. Stringers and braces shall be fas- or pier shall be placed at a minimum of three and tened with minimum one-half inch five-tenths (3.5) feet above mean sea level. The bolts. steps from the ground or bulkhead cap shall not exceed seven (7) inches for each step. (5) Dock lumber. All dock lumber shall be (c) Waue break. The bottom wave breaking Pressure treated or equal, stringer shall not extend below mean low water. (6) Concrete strength. All concrete shall be a (d) Floating docks. Free-standing piling for minimum strength of thirty-five hundred floating docks shall be a minimum schedule 40, (3,504) psi in twenty-eight {28) days. six-inch diameter, pea rock concrete filled steel {7) Blocks. If dock is to be supported by a pipe or six-inch plastic pipe filled with poa rock bulkhead, four-inch by four-inch blocks or concrete and two (2) equally spaced number four equal shall be bolted to bulkhead wall; reinforcing bars, suitably tied. Attaching rings stringer shall be bolted to four-inch by shall be steel or chain. Smaller piling may be four-inch blocks. allowed when properly structurally designed. (e) Construction material. Construction mate- Structural equivalents permitted. Docks and rial for piers and clocks shall meet the following Piers of other design and material maybe permit- requirements: ted when structurally equivalent to the above. {1) Piling. (g) Commercial docks and piers. All cnmmer- a. Minimum bottom penetration is to cial docks and piers are to be designed by a be six {6) feet. Florida registered professional engineer. b. Concrete piling is to be minimum {h} Fred, reinforced concrete construction re- eight-inch by eight-inch or eight- quired in certain cases. All docks and Piers to be inch diameter reinforced with four constructed in Lake Worth and the Atlantic Ocean (4} number five (5) rods with number shall be of reinforced concrete construction and be two (2) hoops eight (8) inches on fixed docks and piers, center. c. Wood piling is to be minimum ten- (i) Dolphins and tie poles. inch butt diameter and the treat- (1) Bottom penetration is to be a minimum of meat shall conform. to AWPB MP1, six (6) feet. MP2 or MP4. Pile cutoff shall be treated in accordance with AWPA {2) Materials and construction are to be the M4. same as dock and pier pilings. Supp. No. 27 329 § 5-83 NORTH PALM BEACH CODE (j} Commercial marinas. All fixed docks and {3) In regard to construction waterside of any piers to be constructed in commercial marinas lot having greater than fifty-fact frontage shall be concreto or equal. on the water, docks shall not be placed {k) Batter piles. within ten {IO} feet of the side property line extended. (1) Batter piles are to be designed by a Flor- {4} Dead end lagoon. In regard to construc- ida registered professional engineer. Lion waterside of any platted lot at the (2) Satter piles are to be constructed of pro- dead end of a lagoon, a dock or a pier may stressed concrete. be placed zero (0) feet from the side prop- (3) A building permit shall be required prior erty line extended when all the following requirements are complied with: to construction far all batter piles. a. The lot/lots shall be in a R-1 Single {4) Batter piles shall be installed only under Family Dwelling District. the following conditions: a. Obstructions prevent use of stare- b. Building permits shall be obtained Bard tiebacks and anchors to rein- as required by section 5-82 of this chapter. foxce bulkheads. b. Existing bulkhead has failed or is in c. At least one (1) lot shall have less danger of failing. than seventy-five {75) feet frontage on tkce watex. c. Not to be used in the construction of d. A dock or pier, but not both, shall be new bulkheads. constructed at the same time on botb _ {5} Base of batter pile shall extend amaxi- sides of the common property line in mum of five (5) foot from the waterside question. The dock or pier on a lot face of the bulkhead. shall be structurally independent of (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. the dock or pier on the adjacent lot. 35-90, 2-6, 9-27-90) {5} Docks shall extend a maximum of five (5} feet out from the face of the bulkhead Sec. 5-84. Regulations governing construe- wall. tion in waters other than Lake Worth and Atlantic Ocean. {6) a. Piers not exceeding six {6) feet in width may extend waterside amax- All docks or other approved structures to be imam of fifteen (15) feet in lagoons, constructed waterside of bulkheads or land in the twenty (20} feet in the North Palm lagoons, waterways or other bodies of water in the Beach Waterway, twenty five (25) feet village, other than the waters of Lake Worth and in West Lake and forty {40} feet in the Atlantic Ocean, shall be constructed in accar- North Lake and not more than twen- dance with the following requirements and regu- ty-five (25) percent of the waterway lotions: width of the Earman River; pro- (1} Prior to a permit being issued by the vided, however, that, a pier may ex- village, apermit shaA be obtained from tend waterside a maximum of fifty- such other authority that has a vested five {55) feet when connected with a interest in the waterway. commercial marina operation in a commercial zoned piece of property (2) In regard to construction waterside of any so long as said construction leaves a lot having fifty-foot ar less frontage on the minimum clear water distance of forty water, docks shall not be placed within (40) feet between the pier and any five {5) feet of the side property line ex- apposite bulkhead or water struc- tended. tore which may be constructed in Cupp. No. 27 330 BOATS, DOCKS AND WATERWAYS § 5-85 accordance with this chapter. Piers (12} In no instance shall any structure extend located in the Earman River maybe mare than twenty-five (25) percent of the constructed with "L" or "T" heads width of the water. provided the maximum allowable (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. length waterside isreduced by twelve 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. (12) feet. No pier shall be located No. 28-98, 1-3, 12-10-98; Ord. No. 09-2001, closer to the side property line ex- § 1, 4-12-01; Ord. No. 27-2003, § 1, 9-9-03) tended than its extension waterside. b. Piers located on Teal Way in Pros- Sec. 5-85. Regulations governing construc- perity Harbor may not exceed six (0) tion in Lake Worth and Atlantic feet in width and shall be a maxi- Ocean. mum of forty (40) feet in length. All piers, docks or other approved structures to Piers located per this section shall not be be constructed waterside of the bulkhead line or closer to the side property line extended land of the village in Lake Worth, or the mean than half of its extension waterside of the low-water mark of the Atlantic Ocean, shall meet bulkhead. the following regulations and requirements: (7) In lagoons, dolphin pales, wave breaks, {1) The design of any pier to be constructed moo~ing posts, mooring buoys or floating under the provisions of this division shall anchors shall be placed a maximum of be performed by an engineer registered in twenty {20) feet from the face of the bulk- the state, and detailed construction draw- head or the shore. Wave breaks shall be ings shall be submitted bearing the certi- allowed only at lagoon entrances opening fication and seal of such engineer. into Lake Worth. (2) Prior to a permit being issued by the (8) In the North Palm Beach Waterway, dol- village, a permit shall be obtained from phin poles, mooring pasts, mooring buoys such other authority that has a vested or floating anchors shall be placed amax- interost in the waterways. Nothing con- imum of thirty (30) feet from the face of tained in this division shall be construed the bulkhead of the shore. to affect the rights or obligations con- (9) In the Earman River, dolphin poles, wave netted with spoil areas located in bake Worth within one hundred {100) feet breaks, mooring posts, mooring buoys or lakeward of the bulkhead line referred to floating anchors shall be placed not more above and the granting of a permit by the than twenty-five (25) percent of the wa- village does not release the applicant from terway width from the bulkhead or the personally determining what, if any, ef- shore. Wave breaks shall be allowed only fect such spoil areas may have upon any at the entrance to Lake Worth. construction done in accordance with this (10) In West Lake, and North Lake, and water division. front properties along Teal Way, dolphin {3) No pier shall extend beyond a line fifty poles, mooring posts, mooring buoys or {50) feet waterside from and parallel to floating anchors shall be placed amaxi- the bulkhead line of the village. mum of fifty {50) feet from the face of the bulkhead or the shore. {4) The centerline of all piers shall be on a uniform alignment. {11) Dolphin ar mooring post location shall be inside the side property line extended and (5) Piers may be constructed with "L" heads shall be determined by the building de- or "T" heads of fifty {50) feet. A finger pier partment, shall not exceed twenty-two (22) feet in 5upp. No. 27 331 § 5-$5 NORTH PALM BEACH CODE length and shall be a maximum of six (6) Sac. 5-86. Variances. feet and a minimum of three (3} feet in width. The board of adjustment created and described in section 21-21 of this Code shall have the power (6} No point on any pier shall be doser than to authorize upon appeal such variance from the twenty (20) feet to either side property terms of section 5-85(3) as will not be contrary to line projected along a line parallel to the the public interest when, owing to special condi- pier center line or closer than forty (40) tions, a literal enforcement of the provisions of feet to any part of another pier. those sections of the village Code as they pertain to properties located on Lake Worth will result in (7) All piers and docks shall be constructed unnecessary and undue hardship. In order to with aIl major components including pil- authorize any variance from the terms of those ing, beams, decks, etc., constructed of sections of the village Code, the board of adjust- reinforced concrete. Piers shall have a ment must find the factors set forth in F.S. section maximum width of ten {10) feet, and a 163.225(3)(a), (b), (c): minimum width of six (6) feet. "(3) (a) To authorize upon appeal such vari- Dolphins or mooring posts may be in- ante from the terms of the ordinance as stalled adjacent to piers, with location to wiIl nat be contrary to the public interest be determined by the building depart- when, owing to special conditions, afit- ment. eral enforcement of the provisions of the ordinance would result in unnecessary (9) In regard to construction waterside of any and undue hardship. In order to authorize lot. having fifty (50} feet or less frontage on any variance from the terms of the ordi- - - thewater, docks shall not be placed within nonce, the board of adjustment must find: five {5} feet of the side property Iine ex- \ tended. "1. That special conditions and circum- stances exist which are peculiar to {10) In regard to construction waterside of any the land, structure, or building in- lot having greater than fifty (50) feet valved and which are not applicable frontage on the water, docks shall not be to ether lands, structures, or build- placed within ten (10) feet of the side ings in the same zoning district; property line extended. " 2. That the special conditions and cir- (11) Freestanding wave breaks shall not be cumstances do not result from the permitted. actions of the applicant; (12) Mooring buoys and anchors shall be de- " 3. That granting the variance requested signed and located in such a manner as to will not confer on the applicant any not allow the moored vessel to cross the special privilege that is denied by this ordinance to other lands, build- side property lines extended. Mooring ings, or structures in the same zon- buoys and anchors shall be located paral- ing district; leI to the bulkhead no more than one hundred fifty {150) feet from the bulk- "4. That literal interpretation ofthe pra- head. No live-aboards are allowed. The visions of the ordinance would de- upland land owner shall not moor or an- prive the applicant of the rights com- chor more than one (1) boat. monly enjoyed by other properties in {Code 19'70, § 11-36; Ord. No. 3-71, § 2; Ord. No. the same zoning district under the 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, terms of the ordinance and would 5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No. work unnecessary and undue hard- 10-2000, § 2, 4-13-00) ship on the applicant; Supp. No. 27 332 BOATS, DOCKS AND WATERWAYS § 5-86 "5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; "6. That the grant of the variance will be in harmony with the general in- tent and purpose of the ordinance and that such variance will not be injurious to the area involved or oth- erwise detrimental to the public wel- fare. Supp. No. 27 332,1 BUILDINGS AND BUILDING REGULATIONS § 6-19 ARTICLE I. IN GENERAL and tho following ordinances: Sec. 6-1. Construction on public land pro- Ord. No. Date Section hibited. 7-72 2 16-72 1 it shall be unlawful for any person to erect ar 10-75 7-10-75 1, 2 maintain, or to permit the erection or mainte- 9-78 5-25-78 1, 2 3-80 2-14-80 1 nonce of any structure of any kind, including a 25-80 10- 9-80 1, 2 wall upon, across, over or under any portion of 17-82 9-23-82 1 any publicly dedicated utility or drainage ease- i2-83 8-25-83 1, 2 went area in the village. is-as 11-13-86 1, 2 (Code 1.970, § 6-1) Sec. 6-17. Codes adopted. Sec. 6-2. Reserved. The 2001 edition of the Florida Building Code Editor's note-Ord. Na. 05-2002, § 3, adopted Feb. 28, including the amendments to the code as recoxn- 2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to mended by the Building Code Advisory Board of accessibility to buildings by handicapped persona; state law Palm Beach County and the Village of North adopted which was incorporated by referonce and darived from the Code 1970. Palm Beach are horeby adapted and incorporated herein, as part of the minimum construction Sec. 6-3. Reserved. standards for the Villago of North Palm Beach, Florida. Department of Public Services shall be Editor's note-Ord. No. 05-2002, § 4, adopted Feb- 2s, substituted for Building Department in the adopted 2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to fire district and derived from the Code 1970, § 18-23; and Ord. Code. No, 12-72, § 1. (Ord. No. 4-90, § 2, 3-8-90; Ord. Na. 14-92, § 2, 9-10-92; Ord, No. 15-96, § 2, 4-25-96; Ord. Na. Sec. 6-4. Reserved. 7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02; Ord. No. 13-2002, § 1, 5-9-02; Ord. No. 25-2003, Editor's note-Pursuant to advice of the city, and at the ~ 1, 9.25.03) editor's discretion, Ord. No. 2-83, adapted Feb. 10, 1983, D+ ditor's note-The various codes adopted above in § 6-17, codified as Ch. 12.5 of this Code, has been treated as super- and amendments thereto, are not set out at length in this selling former § 6-4 relative to duties of the building official Code but are on file and available for inspection in the offices concerning flood management building requirements. Such of the city. section derived from Ord. No. 7-77, § 1, adoptedApril2$, 1977 Nate-,See the editor's noto following § 6-16. and Ord. No. i9-78, § 1, adopted July 27, 1978. Cross re€erences-Florida Fire prevention code adopted, § 12-I6; housing code adopted, § 15-1. Secs. 6-~-6-15. Reserved. Sec. 6-18. Reserved. ARTICLE II. NIIlVIlK[7M CONSTRUCTION Editor's note-Former § 6-18, relative to amendments STANDARDS and addition to the Standard Building Code, has beon deleted pursuant to the adoption of Ord. No, 15-96, enacted April 25, 1996, which adopted the 1994 editions of the various codes as $eC. 6-1$. Authority. detailed in § 6-17. The provisions of former § 6-18 derived from Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, This article is promulgated in accordance with § 1, adopted ,Sept. 9, 1993. F.S, chapter 553. (Ord. No. 4-90, § 1, 3-5-90; Ord. No. 05-2002, § 1, Sec. 6-19. Violations; penalty. 2-28-02) Editor's note-The provisions of 6-16 and 6-17 were Any person, firm or corporation who shall vio- deleted as being superseded by the provisions of 1, 2 of Ord. late a provision of this article, or fail to comply No. 4-90, adopted Mar. 8, 1990, included herein as new 6-16 and 6-17. The deleted provisions pertained to the adoption of therewith, or with any of the requirements thereof, the Standard Building Code, 1985 edition and the county shall be guilty of a misdemeanor. Each such amendments, and derived from Code 1970, 6-11 and fi-12, person shall be deemed guilty of a separate of- $upp. No. 27 383 § 6-19 NORTH PALM BEACH CODE fense for each and every day or portion thereof Sec. 6-32. intent and purposes. during which any violation of any of the provi- This appearance code is adopted for the follow- sions of this article is committed yr continued and, upon conviction of any such violation, such ing purposes: person shaII be punished by a fine of not less than (1} To promote the public health, safety, mor- fifty dollars ($50.00) npr more than five hundred als, comfort and general welfare of the dollars ($500.00}, ar by imprisonment not exceed- citizens of the village. ing six (6) months, or by both such fine and (2) ~ enhance the values of property thrvugh- imprisonment. out the village. (Ord. No. 25-80, § 3, IO-9-80; Ord. No. I2-83, § 3, 8-25-83) {3) To protect and to stabilize the general Editor's note---Ordinance No. 25-80, § 3, adapted Oct. 9, appearance of buildings, structures, land- 1980, was nonamendatory of the Code; hence, its inclusion as scaping and open areas, In the multiple § s-19 was at the editor's discretion. dwelling, commercial and public zoning Sec. 6-20. Reserved. districts of the village. Editor's note~9ection 3 of Ord. No. 14-92, adopted Sept, (4) To insure adequate light, air and privacy 10, 1992, repealed former § 6-20, relative to amendments to for property in the multiple dwelling, Cam- the Standard Plumbing Code, which derived from Ord. No. mercial and public zoning districts of the 20-91, § 1, adopted May 23, 1991. Village. Secs. ~-21-G-29. Reserved. (5) To encourage and promote acceptability, attractiveness, cohesiveness and compat- ibility of new buildings, developments, ARTICLE III. APPEARANCE CODES remodeling and additions so as to maim- _ taro and improve the established Stan- DIVISION 1. GENERALLY Bards of property values within the mul- tiple-dwelling, commercial and public Sec. 6-30. Short title. zoning districts of the village. This article, including any regulation hereafter (Code 1970, § 6-22) adopted, shall hereafter be known, cited and referred to as the "Appearance Code." Sec. G-33. Appearance plan. (Code 1970, § 6-2]) The village hereby adopts by reference thereto the appearance plan attached as exhibit A tv Sec. 6-31. Definition. Ordinance No. 3-72 of the village. The appearance The term "external architectural feature" is plan is set forth at length in Appendix A of this defined to mean the architectural style and gen- Code. eral arrangement of such portion of a building or (Code 1970, § G-40; Ord. No. 3-72, § 1) structure as is designed to be open to view from a public street, place or way, or from adjoining Sec. 6-34. Reserved. preml6es. Editor's note-Ordinance No. 4-79, § 1, adopted March 8, (Code 1970, § 6-39; Ord. No. 4-71, § 1; Ord. No. 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to 2-72, § 1) repeal 6-29-6-32 of the 1970 Code, of which 6-30, 6-32 Cross roference-Rules of construction and definitions were codified as § 6-34 of this Code. Former § 6-34 portained generally, § 1-2. to amendments of the appearance plan. "`Editor's note---Ordinance No. fi-77, § 5, enacted Apri128, SeC. 6-35. Appeals and reVie'W. 1977, adopted 6-30-6-3fi, 6-56 6-60, concerning the ap- pearance code, as part of the comprehensive plan £or the The applicant or any interested party may file village. Ord. No. 4-79, adopted March 8, 1979, removed the an appeal to the village council on any ruling by appearance code from the comprehensive plan. Cross references-E'Ianning and development, Ch. 21; appearance plan, App. A. Supp. No. 27 384 I HOUSING § 15-2 Sec. 15-1. Housing code-Adopted by refer- justments and appeals. Such appeal shall state ence. the location of the property, the date of the The Village Council of the Village of North notice of violations, and the number of such Palm Beach, Florida, does hereby adapt by refer- notice. The appellant must state the variance ence the Standard Housing Code, I997 Edition, of or modification requested, the reasons therefor, the Southern Building Code Congress Interns- and the hardship or conditions upon which the tional, Inc., as the housing code fox the village. appeal is made. Appeals shall be on forms There have been far at least ten {10) days last provided by the department of public services, past and shall be during the time that this code is and shall he accompanied by a filing fee of one in effect, three (3) copies of such code and recom- hundred fifty dollars ($150.00). mended amendments kept available for public Section 202. Definitions use, inspection and examination. The definitions for "dwelling" and "family" (Code 1970, § 19.3-11; Ord. No. 8-75, § I, 7-IO-75; contained within section 202, Definitions, are Ord. No. 14-77, § 1, 7-14-77; Ord. No. 28-80, § 1, hereby amended to read as follows: I0-9-80; Ord. No. 8-83, § 1, 8-25-83; Ord. No. 2I-86, § 1, 11-13-86; Ord. No. 5-90, § 1, 3-8-90; Dwelling is any building or structure de- Ord. No. 3-92, § 1, 2-27-92; Ord. No. 27-2001, § 2, signed exclusively for residential occupancy. A 9-13-01) dwelling may be designed for one-family, two- Cross references-Restrictions an living aboard }souse- family pr multiple-family occupancy, but nOt boats, § b-15; building, gas, mechanical and plumbing codes including hotels, clubs, motels, boarding Or adopted, § 6-16; electrical code adopted § 11-11; fire prevention code adopted § 12-16. lodging houses or house trailers whether such trailers be mobile ar located in stationary fash- Sec. 15-2. Same-Amendments. ion as when on blocks or other foundation. The following amendments and additions are Family shall mean one or more persons hereby made to the housing code adopted by living in the same single or multiple family section 15-1 of this code: dwelling unit, all of whom are related by blood, marriage or adoption, or a group of persons all 102.1 .Enforcement Officer. of whom are not so related which does not Thero is hereby established by the applies- exceed two (2) unrelated persons in number. hle governing body provisions for the enforce- This term shall not include the occupants of a ment of this code by the housing official. The rooming or boarding house, group home/congre- directpr of public services shall serve as the gate living facility or other similar use with housing official. shared cooking or sanitary facilities. 106.1 Appointment. 305.15. Accessory ,Structures. There is hereby established a board to be Garages, storage buildings, docks, piers, boat called the housing board of adjustments and hoists, dolphin poles, bulkheads, swimming appeals. Tho board shall be appointed by the pools and the waters therein, screen enclo- village council. The construction board of ad- surer, fences, walls, driveways, sidewalks, an- justments and appeals established by Chapter tennas and all other accessory structures shall 6 of the village Cade shall act as the housing be maintained and kept in good repair and board of adjustments and appeals, sound structural condition. All sections of this Section 107. Appeal. code are applicable as determined by the build- ing official subject to standard appeal as out- Anyperson receiving written notice from the lined in section 107. housing official of deficiencies in his property 307.4. Care of Premises. under this Code may within thirty (30) days following the date of such notice enter an It shall be unlawful for the owner or occu- appeal in writing to the housing board of ad- pant of a residential building, structure or Sapp. No. 27 947 § 15-2 NORTH PAL1V1 BEACH CODE property to utilize the premises of such resi- breaks, broken glass, crumbling stone, brick or dential property for the open storage of any stucco or other conditions reflective of deteriora- abandoned motorvehicle, abandoned boat, aban- tion or inadequate maintenance. Boned trailer, ice box, refrigerator, stove, glass, A11 building exterior wall surfaces shall be kept building material, building rubbish or similar free of faded or chipped paint and shall be main- items. It shall be the duty and responsibility of twined in repair and condition to prevent deterio- every owner or occupant to keep tho premises ration, and must be repainted, recovered or cleaned of such residential property clean and to re- when twenty-five {25) percent or more of any move from the premises all such abandoned exposed surface becomes discolored or is peeling. items listed above. All off-street parking spaces and driveways shall Landscaping. be asphalt, concrete, block, stone, brick or similar smooth durable surface or durable surface as Tha entire yard where exposed to public view approved by the public services director. must be landscaped. Play areas, flowerbeds, drive- ways, walks, etc,, not intended to have vegetative All off-street parking and driveways shall be kept cover should be clearly dofined and maintained in good repair and sound structural condition. free of uncultivated growth. Asphalt, concrete,. and brick paver surfaces shall not show signs of excessive surface deterioration, Landscaping shall be maintained so as to present such as potholes and substantial cracks. A11 drive- a healthy, neat and orderly appearance at least ways shall be free of errant vegetation. Stone equal to the original installation and shall be surface driveways shall be maintained in a neat mowed or trimmed in a manner and at a fre- appearance and bordered. Stone material shall be quency so as not to detract from the appearance of so maintained as to not. spread onto. public. streets - the general area. Any grass and brush growing in and sidewalks. excess of nine {9} inches in height, dead trees, 308.1 Compliance Exceptions. trash and garbage shall be removed from the premises. Landscaping shall be maintained to No person shall operate a rooming house, or minimize property damage and public hazards, shall occupy or let to another for occupancy any including the removal of low hanging branches rooming unit in any rooming house, except in over sidewalks and paved areas and those ob- compliance with the provisions of every section strutting street lighting and traffic control signs. of this code except the provisions of 301 and 302. Landscaping shall be kept free of visible signs of 101.3.4. All residential properties, buildings insects and disease and appropriately irrigated and structures annexed into the Village shall and fertilized to enable landscaping to be in a comply, upon annexation, with the requirements healthy condition. of chapter 15, housing, sections 15-1 and 15-2, All roadways, curbs and sidewalks shall be edged with the following exception: to prevent encroachment from the adjacent turf The provisions of subsection 307.4 shall ap- areas. ply 2 {two) years (twenty-four (24) months) after date of annexation. Buildings, Structures (Code of 1970, § 19.3-12; Ord. No. $-75, § 1, 7-10-75; Ord. No. 14-7?, § 1, 7-14-77; Ord. No. Tha exterior of all premises and every structure 28-80, § 1, 10-9-80; Ord. No. 21-86, § 1, 11-13-86; thereon where exposed to public view, shall be Ord. No. 5-90, § 2, 3-$-90; Ord. No. 3-92, § 2, maintained in a condition that shall not show 2-27-92; Ord. No. 27-2001, § 3, 9-13-01; Ord. No. evidence of deterioration. AlI screened enclosures 23-2003, 1, 2, 9-11-03) shall be properly fitted and maintained. All sur- faces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or Supp. No. 27 948 [The next page ie 997] LICENSES AND MISCELLANEOUS BUSINESS REGULATION § 17-28 Sec. 17-23. Declaration where fee depends Sec. 17-2b. Transfer of license to new loca- on variable factors within tion. applicant's knowledge. Business licenses may be transferred from Io- Whenevorthe amount of the license applied for cation to location with the approval and written depends upon the amount of stock in trade carried authorization of the licensing officer endorsed by the applicant, or the number of sleeping rooms thereon, provided no change of ownership has in a hotel, motel, apartment or rooming house, occurred or is in process and the license classifi- etc., or the amount of capital invested in the cation in which the license was originally issued business, or the number of seats or spaces in a remains unaffected, but such transferred license restaurant, etc., ar the number of employees, or shall not be held good for any longer time or any the number of vehicles, or any other facts not other place than that for which it was originally within the personal knowledge of the licensing issued; provided that the original license shall be officer, no license shall be issued until the appli- surrendered to and filed with the licensing officer cant therofar has made and filed with the licens- at the time application for transfer is made, and ing officer a declaration setting forth the amount such transferred license after being approved of stock in trade, the number of sleeping rooms, shall be of the samo force and effect as the the amount of invested capital, the number of original license. At the time any such license is seats or spaces, the number of employees, the transferred, the person applying for such transfer number of vehicles, or other facts upon which the shall pay to the licensing officer a transfer feo amount of such license depends, which, to the equal to ten {10) percent of tho annual license tax best of the applicant's knowledge and belief, is but not less than three dollars ($3.00} and not true, correct and complete. more than twenty-five dollars ($25.00). (Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-51; Ord. No. 15-94, § 2, 7-ll-94) Sec. 17-24. Transfer of license to new owner. State law reference-Transfer to new location, F.S. § 205.043(3). Business licenses granted or issued under the provisions of this article may be transferred with Sec. 17-26. License to be posted or carried. the approval and written authorization of the All licenses granted hereunder shall be posted licensing officer endorsed thereon, with the busi- in a conspicuous place on the premises where the ness for which they were taken out when there is Iicensed business is being conducted, either sta- abona fide sale and transfer of the property used tinnary or mobile or in case of solicitors and and employed in the business, but such trans- canvassers, said license must be carried upon ferred license shall not be held good far any longer their person. time or any other place than that for which it was (Ord. No. 7-81, § 1, 7-23-81) originally issued; provided, that the original li- cense shall be surrendered and filed with the Sec. 17-27. Duplicate licenses. Iicensing officer at the time application far trans- The licensing officer shall make a charge of one fer is made, and such transferred license after dollar ($1.00) for each duplicate license issued to being approved shall be of the same force and replace any license issued under the provisions of effect as the original license. At the time any such this article which has been lost, stolen, defaced or license is transferred, the person applying for destroyed, without any willful conduct on the part such transfer shall pay to the licensing officer a of the licensee, upon the filing by the licensee of a transfer fee equal to ten (10) percent of the statement attesting to such fact. annual license tax but not less than throe dollars (Ord. No. 7-81, § 1, 7-23-81) {$3.00) and not mare than twenty-five dollars Sec. 17-28. Doing business not covered by ($25'00)' license; license obtained by false (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 1, statements void ab initio. 7-ll-94) State law reference-Transfer to new owner, F S. No license issued under the provisions of this § 205.o43(z). article shall protect any person from prosecution Supp. No. 27 1055 § 17-28 NOIii'I'H PALM BEACH CODE rr l for transacting any business, trade or profession Sec. 17-31. License tax exemptions. not covered by such license, nor shall it protect any merchant doing business with a greater stock (a) All persons entitled to license tax exemp- in trade than covered by such license, or any hotel tions by law in connection with state and county licenses shall be entitled to exemption under this keeper or rooming house keeper having a greater article. number of rooms than is covered by such license. Any license issued upon any false statement made (b) Any person entitled to an exemption pro- under oath shall be considered as void ab initio vided by this section shall, upon application and and shall not protect the holder thereof from furnishing of the necessary proof, execute an prosecution for transacting business without a affidavit supporting his right to exemption, and license. be issued a license which shall have plainly (Ord. No. 7-$1, § 1, '7-23-8i} stamped or written across the face thereon the reason for exemption. (Ord. No. 7-81, § 1, 7-23-81} Soc. 17-29. Compliance by principal deemed compliance by agent; noncompli- Sec. 17-32. Engaging in business without li- cence of principal, cense or under license issued on false statements. Where the principal, master or employer has complied with the provisions of this article, it It shall be unlawful for any person to engage in shall be unnecessary for his agent, servant or any business, profession or occupation required to employee to comply herewith, unless otherwise be licensed hereunder without a license or under expressly provided for herein; provided, however, a license issued upon false statements made by that in the event such principal, master or em- such person, or in his behalf. Any person engaged - - in any such business, profession or occupation ployer shall not have complied with this article, without first obtaining a license, if required herein, each of his agents, servants or employees shall be shall pay a penalty of twenty-five (25} percent of subject to prosecution, and, upon conviction, to the full year license fee for such trade, in addition fine or impizsonment to the same extent as his to the license fee set forth herein. principal, master or employer. (Ord. No. 7-81, § 1, 7-23-81) In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such Sec. 17-30. Suspension or revocation of li- trade, business, profession or occupation, and the cense; refund of Fee. burden shall be upon the defendant to rebut the same. Any license hereafter issued by the village may {Ord. No. 7-81, § 1, 7-23-81) be temporari.Iy suspended or absolutely revoked or cancelled by a majority vote of the village Sec. 17-33. License tax schedule. council, when such council shall havo ascertained and determined, in the exercise of its sound The amount which shall be paid by the several discretion, that such action will promote the pub- firms, persons or associations engaging in or lic peace, health, safety, welfare, harmony or good managing businesses, professions or occupations order of the neighborhood in which the licensee's for which a license is required is hereby fixed as place of business is located; provided, howover, follows: that in the case of the revocation and cancellation AGRICULTURAL SERVICES of such license, the village refund to such licensee Veterinary Services: the pro rata unearned or unusod portion of his Veterinary service from a truck $ 132.00 license, provided, further, that na refund shall be made where the license is temporarily susponded. Veterinary service to animal spe- (Ord. No. 7-81, § 1, 7-23-81) cialities 132.00 Supp. No. 27 1056 LICENSES AND MISCELLANEOUS BUSINESS REGULATION § 17-33 Animal specialty services, except Natural gas distributors 578.50 veterinary 132.00 Liquified petroleum distributors 578.50 Landscape counseling and plan- ning 132.00 Water supply (franchise)........... 578.50 Lawn and garden service........ 110.00 Sanitary sewer services (franchise) . 578.50 Ornamental shrub and tree ser- WHOLESALE TRADE (See RETAIL) vice 110.00 Wholesale trade -durable goods: Building construction-Contractors Inventoryvalue cost-not exceed- as defined by the Contractors Li- ing $1,000.00 38.50 tensing Board of Palm Beach County 132.00 Each additional $1,ODDAO....... 9.45 TRANSPORTATION RETAIL TRADE Local trucking 93.00 Retail store; Taxi cabs: Inventory value cost-not exceed- Each place or business 66.00 ing $1,000.00 38.50 Each additional $1,000.00....... 9.45 Each vehicle 66.00 Filling station, marine/auto/other: Water transportation of passengers. 66.00 1-4 dispensers 93.OD Marinas (also see retail) each space Each additional dispenser 27.00 (minimum $55.00); each......... 3.30 Water transportation services NEC. 66,00 Eating place ($54.50 minimum) oath seat 2.70 Arrangement of passenger transpor- Drinking place (alcoholic drinks) tation 164.50 ($54,50 minimum) each seat..... 2.70 Arrangement of freight/cargo trans- Food service - no seats 132.00 portation 164.50 Nan-store retail COMMUNICATIONS Catalog and mail order 132.00 Radiotelephone communications 176.00 Automatic merchandise machines Telephone company (franchise) 66.00 operator 280.00 Each machine 32.50 Telephone communication except ra- diotelephone 176.40 Fuel oil dealer.................. 132.D0 Telegraph 475.50 LP gas dealer (bottled gas} . , , , , , 132.00 Radio/television broadcasting 412.50 Direct selling -each person/ vehicle 132.00 Cable and other pay television ser- Solicitor/canvasser each: vices 412.50 Por year 346.50 ELECTRIC, GAS AND SANITARY SERVICES Each canvasser II5.50 Electric services (franchise) 578.50 Retail stare NEC: Natural gas transmission (franchise) 57$,50 Florist 132.00 Supp, No. 27 1057 § 17-33 NORTH PAI1M BEACH CODE Tobacco store 132.00 Coin operated laundry, dry clean- Newsdealer/newsstand 132.00 ing 132.00 Optical goods stare 132.00 Operator 1-20 machines... 132.00 Each additional machine 6.50 MisceIlaneous Retail Store NEC (Con- - . 132.00 Photographic studio, portrait 132.00 signment, Pawn) . Beauty shop 132.00 FINANCE, INSURANCE, REAL ESTATE Each state licensed operator 37.50 Depository institution 297.04 Barber shop _ _ 132.00 Non-depository institution 297.00 Each state licensed operator 37.50 Security and commodity brokers/ Shoe repair shop 132.00 dealers 716.00 Funeral service................. 297.00 Brokers sales agent 37.50 Additional far ambulance ser- vice 186.50 INSURANCE Tax preparation service 132.00 Insurance carriers 132.00 Miscellaneous personal service Insurance agents, broker service 132.00 NEC 132.00 Insurance sales agent 132.00 Advertising agency 132.00 REAL ESTATE Consumer credit. reporting/collec- _ - tion 132.00 Real estate operator {54.50 mini- Mailing, reproduction, commer- \ mum}; cial art and stenographic ser- Base (1~-~-5 sleeping roams) 15.75 vice 132.0{3 Each additional room 3.30 Service to dwellings 132.00 Real estate agents and manager 132A0 Miscellaneous equipment rentaU leasing ].32.00 Real estate sales agent 37.50 Personnel supply service 132.00 Title abstract office 132.OD Computer programming, data pro- Land subdividers and developers... 186.50 cessing 132.04 Holding and other investment of- Miscellaneous business service fices 297.00 NEC..................._.. 132.00 Business services NEC 132.00 SERVICES Telemarketing 186.50 Hotels, rooming houses, etc. 054.50 Plus each phone 37.50 minimum): Base (1-5 sleeping rooms) 16.50 AUTO SERVICE/REPAIR Each additional sleeping room 3.30 Auto rental 132.00 Personal Services: Auto repair shop: Laundry, cleaning, garment ser- 2 persons 37.50 vice 132.00 3-4 persons................... 59.50 Snpp. No. 27 1058 LICENSES AIVD MISCELLANEOUS BiISINESS ItEGULAI`ION § 17-33 5-6 persons 110.00 Nursing and personal care facility.. 186.50 7-10 persons 176.00 Hospital.......................... 186.50 11-20 persons 220.00 Medical and dental laboratory 186.50 More than 21 persons........... 363.00 Home health care 132.00 Car wash 132.00 Miscellaneous health services NEC. 132.00 MISCELLANEOUS REPAIR SERVICES LEGAL SERVICES Misc. repair services store 132.00 Attorneys each 132.00 Misc. repair services from a truck 66.00 EDUCATIONAL SERVICES Misc. repair services with retail store 66.00 Elementary anti secondary school 132.00 MOTION PICTURES Vocational school 132.00 Motion picture production/distribu- Schaals and educational services NEC 132.40 for 132.00 Motion picture theatre/drive-in..... 275.00 SOCIAL SERVICES Plus per seat/per space.......... 0.49 Individual and family services 132.00 Job training service 132.00 AMUSEMENT AND RECREATION SERVICE Child care facility (Fla. Statute) . 154.00 Dance studios 132.00 Family day care {Fla. Statute) 59.50 Theatrical producers 132.00 Bowling center { 1-5 alleys} , 132.00 Community residential Name (Fla. Statute) 154.00 Each additional alley 37.50 Social services NEC 132.00 Commercial sports 186.50 Membership organizations......... 132.00 Physical fitness facilities 132.00 ENGINEERING, ACCOUNTING, RESEARCH Coin operated amusement device op- MANAGEMENT erator 2$0.00 Plus each machine 32.50 Engineering, architectural and sur- veying --each practitioner . ].32.00 Amusement and recreation services Residential designer 132.00 NEC 132.00 Fortune teller -fee charged 1,267.00 ACCOUNTING, AUDITING AND BOOKKEEP- No fee charged - contribu- ING SERVICES tion 2,205.00 Accounting/bookkeeping service 132.04 Phrenologist -fee charged 1,487.50 Certified public accountant each 132.00 No fee charged - contribu- RESEARCH, DEVELOPMENT AND TESTING tion 2,205.00 SERVICES HEALTH SERVICES Research, development and testing Licensod practitioner each , 132.00 services 132.00 $upp. No. 27 1059 § 17-33 NORTH PALM BHACH CDDE MANAGEMENT AND PUSLTC RELATIONS SER- been preempted by the state or county and to VICES protect the general welfare, safety and public 132.00 health and morals of the residents of the village. Management services Unless otherwise stated, the amount of such Management consulting services 132.00 regulatory fee specified shall be on the basis of Public relations services 132.00 one (1) year. (Ord. No. 7-81, § 1, 7-23-81) Facility support management ser- vices 132.00 Sec. 17-34.I. Registration required. Business consulting services NEC 132.00 Any person who engages in any business, occu- (Ord. No. 7-81, § 1, 7-23-$1; Ord. No. 7-90, § 1, potion or profession within the village not re- 4-I2-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. quired to obtain a certificate of regulation as 15-94, § 3, 7-I1-94; Ord. No. 37-96, § 1, 9-26-96; herein provided such as general contractors and Ord. No. 27-2000, § 1, 9-28-00; Ord. No. 29-2003, subcontractors, shall be certified with the licens- § 1, 10-23-03) ing officer of the village by executing an informa- tion form provided by the village. The purpose of Sec. 1'7-33.1. Marking of commercial vehi- such certification is to provide the village with elec. information concerning those who are doing busi- noss within the village anal, where appropriate, to (a) It shall be the duty of every person doing assure tho village that such persons are licensed business within the village, to have each and countywide by the county. The fee for this certifi- every truck or other vehicle used on a job within cation shall be two dollars ($2.00). Anyone violat the village painted with or otherwise display the ing this provision by failing to register the re- name of the person owning same, together with quired information with the licensing afFicer shall the business address, and the telephone number be deemed guilty of a misdemeanor of the second of the place of business. degree. (b) Each such vehicle shall be lettered either {Ord. No. 7-81, § 1, 7-23-8I) on tho door or on the body in such a z~aanner as to be legible. Sec. 17-34.2. Application for certificate of (Ord. No. 7-81, § I, 7-23-$1} rogulation. Before the village shall be required to issue a ARTICLE III. BUSINESSES LOCATED certificate of regulation for engaging in ar carry- ing on any of the businesses, professions or occu- OUTSIDE VILLAGE LIMITS potions specified and set forth herein, it shall be the duty of the applicant to file an application Sec. 17-34. Certificate of business regale- with the licensing officer, such application to be in tion required; basis of one year the form required by the village and such appli- Pursuant to section 166.221, Florida Statutes, cant shall be required to furnish to the licensing a regulatory fee is hereby imposed by the village officer such other information not contained in in the respective amounts set forth in section the application as the village manager may re- 17-33 of the Code, for the regulation of any quire. business, profession and occupation carried on (Ord. No. 7-81, § 1, 7-23-81) within the municipal boundaries of the village Sec. 17-34.3. Issuance of certificate of regu- when such business, profession and occupation lotion; duration; half-year cer- does not have a place of business within the village. This regulation is instituted and is re- tificate; when due and payable. laced to consumer protection afforded the citizens All certificates of regulation shall expire on the of the village and such classes of business, profes- thirtieth day of September of each year. No cer- sion and occupation whose regulation has not Sapp. IVo. 27 1060 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-2I0 tense. For any alarm system existing prior to the (8} The name, address and telephone number effective date of the ordinance from which this of the person or entity providing mainte- article derived, an alarm permit application shall nonce and repair service to the alarm; be made within sixty {60) days from notification by the village to the alarm user. Alarm system (9) ~ agreement by the alarm user, binding permits shall first issue for the period from Au- upon the alarm user's heirs and succes- gust 1, 1993, to January 1, 1995, and on an sors in interest, to promptly pay or law- annual basis thereafter. fully contest any penalties assessed against (Ord. No. 11-81, § 1, 11-I2-81; Ord. No. 1i-93, § 1, the alarm user for an excessive number of 422-93; Ord. No. 14-93, § 1, 6-10-93) false alarms as described in this articlo. Sec. 19-209. Application for alarm system (b) An amended application shall be filed within ten (14) days after any change in the information permit. provided in the application. Upon such amend- (s) Applications for alarm system permits shall ment, a new alarm permit shall be issued without be made to the director of public safety on forms charge or fee. provided by the public safety department. Tho application shall be signed by the alarm user and (c) Failure to comply with any items in section shall provide the fallowing information: 19-209{a), and (b}, shall result in a service fee of twenty-five dollars ($25.00) per incident. This fee {1) Name, address and telephone number of shall be assessed at time o£ discovery unless, it is the alarm user; being disclosed at time of permit renewal. (Ord. No. I1-81, § 1, 11-12-81; Ord. Na. 11-93, § 1, (2) Address and telephone number of the 4-22-93) alarm user's premises or building to be served by the alarm; Sec. 19-210. Term of permit; fee; nontrans- (3) The name, address and telephone number ferable. of the person or persons in charge of the premises or building served by the alarm; {a) An individual alarm system permit shall be issued to single family residences. {4) If not the alarm user, the name, address and telephone number of the property (b) An individual alarm system permit shall be owner; issuod to any occupant of a multi-unit dwelling or (5) The names, address and telephone num- commercial building wishing to install aperson- bers of two (2) persons that shall respond alized alarm system within the building already to assist public safety personnel at the permitted far is controlled by a single person or site of the alarm in case of problems, entity residing or leasing within the building, These persons must be available for twenty- that may already possess an alarm system permit four (24) hour per day contact and re- as described in section 19-210(c). spored within. one (1) hour if requested. (c) In multi-unit structures, whether residen- These persons are required to possess the tial or commercial, an individual alarm system authority to access and inspect the pre- permit shall be issued for an alarm system that is miser in order to evaluate any problems used as a common alarm system throughout the and make an official report if necessary. premises. (6) Tho name, address and telephone number of the person or entity installing the alarm; {d) Tho alarm system permit shall be issued the alarm user by the director of public safety (7} The name, address and telephone number prior to the alarm system being placed into ser- of the person or entity monitoring the vita. The fee for this permit is twenty-five dollars alarm; ($25.00) and shall be renewed each calendar year. Supp. No. 27 1239 § 19-210 NORTH PALM B~ACI3 CODE (e) The public safety department shall issue a a violation of this section. No person shall allow, decal specifying the permit number with each permit, cause, or fail to prevent, the emission, for permit issued. The alarm user shall post the any reason, by any alarm used by him, or any initial decal prominently on or near the front alarm serving premises or a building occupied entrance to the premises such that the permit and controlled by such person, of mare false number provided on the decal is visible from alarms as cited in section 19-213(1} and (2) within outsido the structure. the calendar year. {fj Any alarm system permit issued pursuant {Ord. No. 11-$1, § 1, 11-12-$1; Ord. No. 11-93, § 1, to this article shall not be transferable or assign- 4-22-93} able and shall cover only one (1) building ar Sec. 19.213. False alarm service charge; col- premises. lection. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No. 36-2000, § 1, 11-14-00) An alarm user shall pay the following fees to the village for responses to excessive false alarms Sec. 19-2ll. Issuance of alarm system per- by the public safety department within the calen- mit. dar year. An alarm system permit shall be issued to the Residential properties: alarm user by the director or public safety within thirty (30) days after roceipt of the completed (1) In a single alarm user premise, there application by the director of public safety. An shall be no charge for a response to the alarm systona permit shall be denied if: first three (3) alarms within the calendar year. (1} The requested information is not supplied on the application. {2) 1n a multi-unit structure where an alarm system permit has been issued fora com- 2 Material information on h licati n i { } t e app o s mon alarm s stem, the no char e sched- Y g incorrect. ule of service fees reference false alarms (3) Any person or entity listed on the appli- within the calendar year scale wiIl be as cation under items {a)(6), (7}, (8) of section follows: 19-209 does not possess any required oc- cupational or regulatory license to con- duct the activities required by items (a){6), 2-20 units -Three (3) no charge (7), {8), unless the person or entity is the false alarms alarm user. 21-40 units --- Four {4) no charge The department of public safety shall give false alarms notice of the permit expiration date and need for 41-60 units -Six (6) no charge false alarms renewal. Application for renewal will require a 61-80 units -Eight (8) no charge Twenty-five {$25.00) dollar permit renewal fee and updated information required in section 19- false alarms 81-100 units -Ten (10) no charge 209, items {a)(1} through (9}, false alarms (Ord. No. 11-8I, § 1, 11-i2-81; Ord. No. 11-93, § 1, 101-120 units -Twelve (12) no charge 4-22-93; Ord, No. 13-2001, § 1, 5-10-01) false alarms 121 or more units -Fifteen (15} no charge Sec. 19-212. Excessive false alarms declared false alarms a public nuisance. The emission of false alarms within the Galen- Commercial; industrial properties: dar year as cited in section 19-213(1) and {2) is There shall be no charge for a response to the excessive and constitutes a serious public nui- first three (3) alarms within the calendar year for sauce, and is hereby declared to be unlawful and a commercial or industrial property. Supp. No. 27 ] 2~0 OFFENSES AND I4IISCELLANEOUS PROVISIONS § 19-217 For residential properties, there shall be a (b) No person shall provide alarm service sys- service fee charge of fifty dollars {$50.00) for tem programmed to a central alarm reception response to any false alarm in excess of the office unless it shall have the central office staffed allotted no charge false alarms within the talon- at all times, twenty-four (24) hours a day, includ- dar year. For a commercial or industrial property, ing holidays. there shall be a service fee charge of one hundred dollars ($100.00) for response to any false alarm (c} Any staff member of a private alarm service in excess of the allotted no charge false alarms system reporting an alarm activation to which the within the calendar year. public safety department response is requested shall identify himself and state the name and The director of public safety shall keep a record telephone number of the alarm business by which of whenever a false alarm has been responded to such response is requested. by the public safety department, and shall note (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the frequency of such false alarms for each alarm 4-22-93) user. The public safety department shall notify each alarm user, The public safety department Sec. 19.216. Audible alarms. shall notify each alarm user of the service fee All alarms which may be heard in any public charges to be paid within thirty (30) days after place shall be equipped and maintained to auto- demand. If the alarm user fails to comply with matically cut off no longer than thirty (30) min- this notice, the public safety department will utes after being set off. notify the village clerk to send notice for the alarm user to appear before the code enforcement (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93) board. {Ord. No. 11-81, § 1, 11-I2-81; Ord. No. 11-93, § 1, Sec. 19-217. Enforcement through code en- 4-22-93; Ord. No. 26-2003, § 1, 9-25-03) forcement board. Sec. 19-214. Penalty. The director of public safety may initiate action before the code enforcement board of the village to Any person who shall violate the provisions of obtain compliance with this article. Any notices of this article shall, upon. conviction thereof, be appearance before the code enforcement board punished as provided in section 1-8 of this Code. shall be sent to both the alarm user and property (Ord. No. lI-8i, § 1, 11-12-81; Drd. No. 11-93, § 1, owner, if different, on the authority of the code 4-22-93) enforcement board through the village clerk's office. The board shall have authority to place a Sec. 19-215. Interference with public safety lien against the property served by the criminal department telephone trunk detection or fire alarm systems in the amount of lines prohibited; alarm busi- all service charges assessed by the village pursu- ness central office required; ant to section 19-213 above.lf the alarm user and identification required. property owner are different, the code enforce- (a) No person shall use or cause to be used a went board shall have authority to proceed against telephone or electronic device or attachment that the alarm user who receives written notice even automatically selects a public primary telephone though the director of public safety has been trunk line of the public safety department or any unable to serve notice upon the property owner. other department or bureau of the village, and The village may proceed by a suit in a court of then reproduces any prerecorded message to re- proper jurisdiction to collect such service fee charge port any burglary, unauthorized entry or other after demand therefore has been made by the emergency Any such alarm system shall be dis- village and the alarm user has failed to pay same connected and its use discontinued within sixty within thirty {30} days after such demand. (60} days of enactment of this article [Ordinance (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, II-931. 4-22-93) 5upp. No. 27 1241 § 19-218 NORTH PALM BEACH CODE 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 shaIl 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; Ord. No. 11-93, § 1, 4-22-93) ARTICLE XC. WELLFIELD PROTECTION Sec. 19-220. County wellfield protection o~ dinance adopted by reference. The village adapts, by reference, the county wellf old protection ordinance {Ordinance No. 88- 71). {Ord. No. 22-94, § 1, 6-28-90} Sec. 19-22I.. Regulation of business activi- ties with otential to eontami- P note 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 requiremont shall bo implemented and monitored through the annual renewal of village occupational licenses. At the time of annual ren owal, the applicant shall present proof to the village in the farm of a roturned receipt of such notification to the county department of environmental resources manage- ment. (Ord. No. 22-90, § 1, 6-28-94} Cross reference-Licenses and miscellaneous hnsiness regulations, Ch. 17. Supp. No, 27 1242 [The next page is 1289] STREETS, SIDEWALKS AND PUBLIC PLACES § 24-43 of the village to construct a sidewalk at the same (SO) feet or less, there will be a minimum time that the street is constructed sa that all of thirty-four {34) feet of paved street improved properties in the village shall have provided. sidewalks wherever the properties front upon a {Cade 1970, § 35-24) paved and usable public street. (Code 1970, § 35-23; Ord. No. 7-71, § 1) Sec. 24-43. Specifications. Sec. 24-42. Same-Exceptions to require- (a} Generally. Sidewalks and driveways shall menu of section 24-41. be constructed in accordance with the following' Upon application in writing to the building specifications: board of appeals of the village, the requirements set forth in section 24-41 may be excepted upon (1) Sidewalks and the driveway between the street and sidewalk or property line shall the finding of the building board of appeals that be constructed of Portland cement con- the following rules are complied with: crate, using durable materials in such (1) That in any case where the cost of making proportions that a hard dense product such sidewalk improvemonts shall be with a min;mumtwenty-eight day strength shown to work an undue hardship upon of two thousand five hundred (2,500) the owner, the village council, upon rec- pounds per square inch. ommendation by the board of appeals, may enter into an agreement on behalf of [2} Excavation shall be made to the required the village with the owner whereby the depth and the subgrade or base, upon village will furnish the materials and la- which the sidewalk or driveway is to be bor for construction of such sidewalk, such set shall be compacted to a firm, even agreement to contain suitable provisions surface true to grade and cross section, by for the reimbursement of the cost of such means of rolling and tamping, adding Iabor and materials by the owner to the water if required to secure optimum com- village over a term of years, secured in paction. such manner as shall be provided for in such agreement. (3) Grading shall be carried to a width of two {2) feet beyond the edge of the proposed (2) That no building within the entire subdi- work. vision shall have a sidewalk in front of it. {4) Joints shall be of the open type. The joint {3) That the subdivision without sidewalks shall be formed by staking a metal bulk- would not be contiguous to an existing head in placo and placing the concrete on plat containing buildings with sidewalks. both sides of it. After the concrete has set In other words, that the platted subdivi- sufficiently to preserve the width and lion without sidewalks would be wholly shape of the joint, the bulkhead shall be self-contained and its entrances toremain- removed. Amer the walk has been finished ing lands in the village would be the sole over the j oint, the slot shall be opened and connection between it and other subdivi- edged with a tool having aone-half-inch sions in the village. radius. (4) That in any subdivision where sidewalks are excepted on road rights-of way of sixty (5) The concrete shall be given a wood float {$0) feet or less, there will be a minimum finish, if appropriate, ar asteel-troweled of twenty-eight (28) feet of paved street finish, slightly brushed to remove slipperi- provided. ness. The surface variations shall not be more than one-quarter of an inch under a {5) That in any subdivision where sidewalks ten-foot straight edge nor mare than one- are excepted onroadrights-of--way of eighty eighth of an inch on the transverse sec- Supp. No. 27 1521 § 24-43 NORTH PALIVI BEACH CODE r t tion. The edge of the sidewalk shall be Sec. 24-45. Reserved. carefully finished with an edging tool, Editor"s note-Ord. No. 23-2008, § 4, adapted Sept. li, having a radius of one-half inch. 2003, repealed § 24-45, in its entirety. Former § 24-45 per- tained to inspection fees; deposits pending approval and (6) The concrete shall be cured by ponding or derived from Code 1970, § 35-31. other recognized means. Sec. 24-46. Dangerous ar abandoned drive- (b) Sidewalks. Sidewalks shall be at least five ways. (5) feet in width and a minimum of four (4) inches Should the vehicular or other use of any drive- in thickness, subject to the approval of the village way, in the opinion of the village engineer, be or engineer. become dangerous to pedestrians, or should the use of such driveway be discontinued or such (c) Driuewdys. In addition to the specifications driveway abandoned, then the village engineer set forth in paragraph (a) of this section, drive- shall give notice in writing to the owner of record ways between the street and sidewalk or property of the abutting property to restore within thirty line shall conform to the following specifications: (30) days such curb and sidewalk to the original or proper condition. (1) Minimum of six (6} inches in thickness, (Code 1970, § 35-34) including the sidewalk section, with edges thickened to a minimum of eight (S) inches. Sec. 24-47. Performance of work by village upon failure to comply with an (2) Minimum of eight (8) feet wide at the title. sidewalk and shall flare uniformly to a width of fourteen {14) feet at the edge of Tn case any driveway, curb or sidewalk shall the paving, unless extenuating circum- not be paved, repaved, repaired or restored ac- stances as determined by the building cording to the provisions of the permit, or this official suggest a variance of this flare article, the village engineer may order the same to be done under his direction and for the owner s width, and in such instances the flare account and the expense thereof, until paid, shall requirements shall be determined by the be a lien upon the abutting property and be filed building official. as therefor provided. (3) The profile shall follow the roadside Swale {Code 1970, § 35-32) so as not to interfere with drainage. Secs. 24-48---24-54. Reserved. (Cade 1970, § 35-29; Ord. No. 23-2003, § 3, 9-11- 03) DIVISION 2. PERMITS Sec. 24-44. Driveways to be constructed un- Sec. 24-55. Separate permits required for der supervision of village engi- driveway and sidewalk construc- neer. tion. Every driveway shall be constructed under the A separate permit shall be required for side- supervision of and subject to the direction of the walk or driveway construction or reconstruction. village engineer, and according to plans and spec- (Code 1970, § 35-28) ifications of the village. Upon failure to comply with all the terms of the permit, the permit m.ay Sec• 24-58. Driveway construction-Re- berevoked and the sidewalk and curb restored to quired. its original line and grade and paid for out of the No person shall construct initially, nor lower deposit required by section 24-45. any curb, or change the grade of any sidewalk, for (Code 1570, § 35-30) the purpose of providing a driveway across any f Supp. No. 27 1522 STREETS, SIDEWALKS A~TD PUBLIC PLACES § 24-58 sidewalk, or construct any driveway across vil- lage property or street right-of--way, except upon complying with the provisions of this article, and upon a permit granted by the village. (Code 19`70, § 35-25) Sec. 24-57. Same-Prohibited in certain in- stances. The village shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway across such curb or sidewalk ar to construct any driveway across village property when, in its opinion, the actual or intended use of such driveway would endanger pedestrians. In no case shall a permit be granted to use the space within the radius of a curb or street return, ar of any sidewalk intorsec- tion, as a driveway. (Code 1970, § 35-26) Sec. 24-58. Same-Application; information required. (a) Application far a permit required by sec- tion 24-56, shall be made in writing to the build- ing off'~.cial by the owner of tho abutting premises. {b) Such application shall set forth the paints at which such driveway shall begin and end, as measured from the property line of the first street intersecting such curb or sidowalk and shall be accompanied by a plan, if so required by the village engineer. {Code 1970, § 35-27) Supp. No. 27 1523 [The next page is 5573] l l TAxATZON § 2s-aa ARTICLE I. IN GENERAL {b) In the case of multiple-peril policies with a single premium for both the property and casu- Sees. 26-1-26-15. Reserved. alty coverages in such policies, seventy (70) per- cent of such premiums shall be used as the basis for the two-percent excise tax roferred to herein. ARTICLE II. INSURANCE EXCISE TAXES {c) The excise or license tax shall be payable Sec. 26-1~. Casualty insurance premiums. annually on the first day of March of each year. (Code 1970, § 38-20) {a) In accordance with F.S. section 185A8, the village does hereby assess and impose on every insurance company, corporation or other insurer Secs. 26-126-2$. Reserved. now engaged in or carrying on, or who shall hereafter engage in or carry on the business of casualty insurance as shown by the records of the ARTICLE III, UTILITY TAX* state treasurer in his capacity as state insurance commissioner, an excise or license tax in addition Sec. 2$-2$. Levied; rate. to any lawful license or excise tax now levied by the village amounting to one (1) percent of the A tax in the amount of ten (10} percent is gross amount of receipts of premiums from poli- hereby imposed and levied on each and every cyholders on all premiums collected on casualty purchase of electricity, metered natural gas, liq- insurance policies covering property within the uefied petroleum gas either metered or bottled, corporate limits of the village. manufactured gas either metered ar bottled and (b} In the case of multiple-peril policies with a water service within the corporate limits of the single premium for tooth property and casualty village. A tax of 2 cents ($0.02) per gallon is coverages in such policies, thirty (30) percent of hereby imposed and levied on each and every such premium shall be used as the basis for the purchase of fuel oil within the corporate limits of one-percent tax above. the village. (Cade 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord. {c) The oxcise or license tax shall be payable Na. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1, annually March 1 of each year after the passing of g_27-79; Ord. No. 9-81, § 1, 9-24-81; Ord. No. an ordinance assessing and imposing the tax 16-92, § 1, 9-24-92; Ord. No. 23-93, § 1, 9-23-93; herein authorized. Ord. No. 41-97, § 1, 9-25-97; Ord. No. 24-98, § 1, {Code 1970, § 38-19) 10-8-98; Ord. No. 24-2000, § 1, 9-28-00; Ord. No. 28-2003, § 1, 10-9-03) Sec. 2$-17. Property insurance premiums. Editor's note~ection 3 of Ord. No. 24-98 states that this ordinance shall take effect on April, 1, 1.999. (a) In accordance with F.S. section 175.101, the village does hereby assess and impose on Sec. 26-30. Collection. every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business (a) The tax imposed and levied in section 26-29 of property insurance, as shown by the records of shall be collected from the purchaser of such the state treasurer in his capacity as state insur- utilities services and paid by such purchaser for once commissioner, an excise or license tax in the use of the village to the sellers of such addition to any lawful license or excise tax now electricity, fuel oil, metered gas, bottled gas (nat- levied by the village amounting to two (2) percent ural liquefied petroleum gas or manufactured of the gross amount of receipts of premiums from gas) and water service at the time of the pur- policyholders on all premiums collected on prop- chaser paying the charge therefore to the seller. erty insurance policies covering property within State law reference-Rxhlic service tax authorized, F.S. the corporate limits of the village. § 166.231. ,Sapp, No. 27 1629 § 26-30 NORTH PALM BEACH CODE (b) The sellers of electricity, fuel oil, metered ultimate consumer resulting from an increase in gas, bottled gas {natural liquefied petroleum gas the cost of fuel to the utility subsoquent to Octo- or manufactured gas) and water service within ber 1, 7.973. the corporate limits of the village shall act as the tax collection mediums or agencies for the village, (c) The purchase of natural gas or fuel oil by a and they shall collect from the purchasers of such Public or private utility, either far resale or for use utilities services for tho use of the village the tax as fuel in the generation of electricity, or the imposed and levied by this article and shall report Purchase of fiiel oil or kerosene for use as an and pay over to the viIlage all such taxes imposed, aircraft engine fuel or propellant ar for use in levied and collected in accordance with the ac- internal-combustion engines shall be exempt from counting methods and other provisions of this taxation hereunder. article. {d) The tax imposed by this article shall not {c) The sellers of such electricity, fuel ail, me- apply to purchases by any recognized church in tered as bottled the state for the use exclusively for church Bur- g gas {natural liquefied petro- leum gas or manufactured gas} and water service Poses. (Code 1970, § 38-23; Ord. No. X11-97, § 2, 9-25-97; shall account for, report and pay over all moneys Ord. No. 28-2003, § 1, 10-9-03) received by them on or before the fifteenth day of each and every month under the provisions of this article, and shall submit such moneys, reports Secs. 26-32-26-50. Reserved. and accounting to the village finance director on or before the first day of the month fallowing the ARTICLE 1V. TELECOMMUNICATIONS fifteenth day of each month. The accounting and x: reports which shall accompany such payment SERVICE TAX shall be upon such forms as can be mutually l agreed upon by the village finance director and Sec. 26-51. Levy; rate. the sellers of such electricity, fuel ail, metered gas, There is hereby levied and imposed by the bottled gas (natural liquefied petroleum gas or village a public service tax upon purchases within manufactured gas}, and water service, and if no the municipality of telecommunications services, such agreement can be reached, they shall be as defined in F. S. § 203.012, which originate and upon such farms as are determined by the village terminate in this state, at a rate of seven (7) finance director. percent of the total amount charged for any (Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No, telecommunications service provided within the 222-71, § 1, 1-14-71; Ord. No. 28-2003, § 2, 10-9- village or, if the location of the telecommunica- 03) tivns service provided cannot be detormined, the total amount billed for such telecommunications Sec. 26-3L Exemptions. service to a telephone or telephone number, a telecommunications number or device, or a {a} The municipal govornment of the village, customer's billing address located within the vil- its commissions and agencies, the United States Iage, excluding public telephone charges collected government, State of Florida and all counties, on site, charges for any foreign exchange service school districts and Florida municipalities and or any private line service except when such public bodies exempted by law or court order shall services are used or sold as a substitute for any be exempted from the payment of the tax imposed and levied by this article. '~~dator's note-Ord. No. 1s-94, adopted Sept. 22, 1994, did not specifically amend the Code and at the discretion of the (b} The tax imposed by this article shall not be editor said provisions have been included herein as Art. IV, applied against any fuel adjustment charge, and 26-51-26-54. Subsequently, Ord, No. 43-9fi, adopted Dee. 26, 1996, replaced provisons of Ord. No. 18-94 and have been such charge shall be separately stated on each included herein as Art. N, 26-51-26-54. Provisions of Ord. bill. "Fuel adjustment charge" shall mean all No. 43-96 did not specifically amend the Code acid have been increases in the east of utility services to the included at the discretion of the editor. Supp. No. 27 1630 TAXATION § 26-54 telephone company switched service or dedicated Sec. 26-Iii$. Exemptions. facility by which a telephone company provides a communication path, access charges, and any (a) Purchases of telecommunication services customer access line charges paid to a local tale- by the government of the village, its council and phone company. However, thoso telecommunica- agencies and any recognized church in this state if used exclusively for church purposes and any tipns services described in F. S. § 203.012{5)(b), religious institution that possesses a consumer shall be taxed only an the monthly recurring certificate o£ oxemption issued under F.S. ch. 212 customer service charges excluding variable us- shall be exempted from the payment of the tax age charges. imposed and levied by this part. (Ord. No. 18-94, § 1, 9-22-94; Ord. No. 43-96, § 1, 12-26-96; Ord. No. 42-97, § 1, 9-25-97; Ord. No. (b) Purchases of local telephone service or other 25-2000, § 1, 9-28-00) telecommunication service for use in the conduct of telecommunication service for hire or otherwise for resale shall be exempted from the payment of Sec. 26-52. Collection. the tax imposed and levied by this part. (Ord. No. 18-94, § 3, 9-22-94; Ord. No. 43-96, § 3, {a) When a seller of telecommunications ser- 12-26-96; Ord. No. 42-97, § 2, 9-25-97) vices renders a bill to the purchaser- to cover purchases made during the poriod of time to Sec. 26-54. Compensation. which the bill is applicable, the amount of public service tax shall be stated soparately from gov- Far the purpose of compensating the seller of ernmental charges and taxes, and shall not be telecommunication service, the seller shall be levied thereon. allowed one {1} percent of the amount of the tax coIlected and due to the village in the form of a (b) The purchaser shall pay such public service deduction from the amount collected for remit- tax to the seller at the time of payment of each tance. The deduction is allowed as compensation such bill. The seller, as collection agent for the for keeping of records and for the collection of, and village, shall collect such public service tax from the remitting of, tho tax. the purchaser at the time of payment of each such (Ord. No. 18-94, § 4, 9-22-94; Ord. No. 43-96, § 4, bill. Provided and to the extent that such bills are 12-26-96) subsequently paid, the seller shall remit the pub- licservice tax to the village in accordance with the provisions hereinafter stated. If any purchaser refuses to pay such tax specifically, the seller shall promptly inform the village of the name and address of such purchaser, and the amount of tax withheld by such purchaser. (c) Every seller is hereby required to execute and file with the village finance director no later than the twentieth (20th) day of each month a statement setting forth the amount of such public service tax to which the village became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the village. (Ord. No. 18-94, § 12 9-22-94; Ord. No. 43-96, § 2, 12-26-96) Supp. No. 27 1$31 [The next page is 16$1] i APPENDIX C-ZONING § 45-21 communication antenna and/or an- tower installation. If an antenna or tenna towers which are attached to, antenna tower cannot be located on or replace existing structures pro- any existing structure without un- vided the overall height of the an- reasonably compromising the an- tenna and/or tower does not extend tenna tower's signal reception or more than twenty (20}feet above the transmission capability or unreason- existing structure. ably compromise the communication b. In approving a tower or antenna system's capability, the village coun- location, the planning commission cil will next consider, in the follow- shall consider the attachment to or ing order of preference, alternative replacement of existing structures properties and zoning districts. which will result in the least visu- 1. C-2, general commercial dis- ally offensive installation to be the trict most preferred -location for such in- 2. COS, conservation and open stallations. such structures may in- spaco district elude but are not limited to highrise residential or commercial buildings, 3. P, public district sports lighting poles, existing an- C-1, neighborhood commercial tenna towers and/or public utility district or C-3 regional busi- structures. ness district {2) New free standing towerslantenna Iota- 5. CA, CB, or C1A, restrictod or tions anal new tower/antenna locations limited commercial district which do not conform to section 45-I of fi. R3, apartment dwelling district this article may only be allowed by special Alternative properties and zoning dis- exceptian granted by the viIlage council tricts may only be considered after it subject to the following criteria: has been demonstrated that an an- a. The village council shall consider tenna tower cannot be located on when evaluating whether to appravo any higher preferred property or zon- an antennaltower location whether ing district. there is suitable and reasonably avail- ablepublic or private property which Tho village council shall act to ap- would physically accommodate the prove the towor/antenna location by special excoption. Upon the granting tower or antenna without unreason- of a special exception for location, ably compromising the antenna s sig- the application will be remanded to nal reception or transmitting capa- the village planning commission far bility or unreasonably compromise approval in accordance with article the communication system capabil- III of chapter 6 of the village code of ity, and without negatively impact- ordinances. ing the aesthetics pf the tower. b. New free standing tower/antenna lo- c. In no case may atower/antenna in- cations and new tower/antenna Ioca- stallation height exceed more than tions will be considered only after twenty {20) feet above the maximum the applicant for an antenna or an- height allowed by this code. tenna tower has to the fullest extent {3) Any applicant requesting antenna tower practicable, demonstrated to the vil- location approval is required to accommo- lage council that all existing strut- date antenna facilities of other providers tures either will not accommodate (co-location), on a nondiscriminating ba- an antenna installation or are not sis, to avoid duplication of the erection of available for an antenna or antenna such towers or provide verifiable objective Sngp. No. 27 2486.2.3 § 45-21 NORTH PALM BEACH C017E data, why it cannot do so. Moreover, it will setback from the dune line and the highwater line be presumed that if a proposed site is shall be to the closest edge of any building to be within one-half mile of an existing an- constructed on the Atlantic oceanfront. tenna tower that can reasonably accom- {ord. No. 23-72, § 1) modate the applicant's antenna, a denial of the application would not result in an Secs. 45-235-26. Reserved. unreasonable compromise to the applicant's communication system capability or an unreasonable compromise to the antenna ARTICLE III. DISTRICT REGUIlATIONSY tower's reception or transmission capabil- ity Sec. 45-27. Rrl single-family dwelling dis- (4} The applicant must to the fullest extent trict. _ practicable, demonstrate to the village A. Uses permitted. Within any R-I single- that the antenna tower and accessary family dwelling district no building, structure, equipment buildings will be screened from land or water shall be used except for one (1) or view by architectural featuros, landscag- more of the fallowing uses: ing, existing natural vegetation, or will be aesthetically designed to blend into and 1. Single-family dwellings with accessory harmonize with the area ar location sur- buildings customarily incident thereto. rounding the antenna or antenna tower 2. Public schools. site ins accordance with the village of North Palm Beach Appearance Plan. 3. Parks and recreation facilities awned or (5) Antenna or antenna towers shall not be leased by or operated under the supervi- sion of the Village of North Palm Beach. artificially lighted except as required for public safety purposes, or by the Federal 4. Detached fence storage areas. Aviation Administration (FAA). Signage shall not be allowed except as required for Satellite dish antenna. public safety purposes, or by the Federal 6. Community residential. homes. Commu- Communications Commission (FCC). nity residential homes of six (6) or fewer residents which otherwise meet the defi- (6) To the extent not iu conflict with the nition of a community residential home, provisions described above, any proposed provided that such homes shall not be antenna or tower or accessory equipment located within a radius of one thousand building will be subject to all applicable (1,000) feet of another existing such home village codes and regulations. with six (6) or fewer residents. (Ord. No. I2-97, § 1, 2-27-97) Editor's note-,Section 45-21, relative to oceanfront land 7. Family day care home. in the R-1 district, has been repealed by Ord. Na, 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a 8. Lamp post. history note. Subsequently, Ord, No, 12-97, § 1, adopted F`eb. 27, 1997 added new provisions pertaining to telecommunica- 9. Decorative post structure. tions antenna and antenna towers as herein set out. B. Building height regulations. No main build- Sec. 4~-22. Oceanfront land-Ocean setback. Ong shall exceed two (2) stories in height and no accessory building more than one (1) story. There shall be a building setback line of not C. Building site area regulations. The mini- less than fifty (50} feet from the dune line, or one mum lot or building site area for each single- hundred (100) feet from the highwater line, which- family dwelling shall be seven thousand five ever distance is greater, for all property bordering on the Atlantic Ocean. The measurement of the *Croes reference-Home occupations, § 17-2. 5upp. No. 27 2486.2.4 APPENDIX C ZONING § 45-28 hundred (7,500) square feet and have a width of not less than seventy-five (75) feet, measured at the building line. D. Yard space regulations. 1. Front yard. There shall be a front yard of not less than twenty-five (25) feet mea- sured from the street Line to the front building line. 2. Rear yard. There shall be a rear yard of not less than twenty (20) feet measured from the rear building line to the rear lot line. 3. Side yards. There shall be a side yard on each side of the side building line of not less than ten (10) feet. In the case of corner lots, no building and no addition to any building shall be erected or placed nearer than twenty (20} feet to tho side street line of any such lot. (a) For a distance of one block on streets intersecting U.S. #1, measured from the right-of--way line of said U.S. #1, side yards of at least twenty-five (25) feet in depth shall be provided. E. Off street parking regulations. At least one parking space of at least two hundred {200} square feet shall be provided. All parking spaces shall consist of a durable surfaced area as approved by the public services director, enclosed in tho dwell- ing, in an accessory building or in an unenclpsed area, exclusive of the driveway, connecting the parking space to the street. All vehicles parking on a lot must be parked on a durable surface. (Ord. No, 17-71; Ord. No. 9-55, § 2, 6-27-85; Ord. No. 17-90, § 2, 6-25-90; Ord. No. 29-95, § 2, 9-2$-95; Ord. No. 23-2003, § 5, 9-ll-03) Sec. 45-28. R-2 multiple-faa~niiy dwelling dis- trict. A. Uses permitted. Within any R-2 multiple- family dwelling district, no building structure, land or water shall be used, except for one (1) or more of the following uses: 1. Any use permitted in the R-1 single- family dwelling district. Supp. No. 27 24$6.3 i 1 CODE COMPARATNE TABLE Adoption Section Ord. No. Date Section this Codo 14-2003 5- 8-03 1 Added 18-20 23-2003 9-I1-03 1 15-2(307.4} 2 Added 15-2(101.3.4) 3 24-43(a)(1), (c) 4 Rpld 24-45 5 45-27.E. 25-2003 9-25-03 1 6-17 26-2003 9-25-03 1 19-213 27-2003 9- 9-D3 1 5$4(6), (8), {10) 2 Rpld 5-72 25-2003 10- 9-03 1 2&-29 2 26-30 3 26-31 29-2003 10-23-03 1 17-33 35-2003 12-11-03 1 2-148{a) 2 2-158(b} 3 2-158(c) 02-2004 1-22-D4 1 4-27(b) [Tbe next page is 2933] Supp. No. 27 2889 t CODE INDEX Section Section POLLUTION (ConfdJ PUBLIC SERVICES DEPARTMENT We1lfieId protection Director's duties 2-84 Regulation of business activities with Divisions potential to contaminate land and Municipal garage . . . 2-85(4) water resources 19-221 Parks......................,......... 2-85(2) Permits and inspections . 2-85(1) PRECEDING, FOLLOWING Refuse disposal 2-85(5) Definitions and rules of construction 1-2 Signal service 2-85(3) PROFANITY' Street maintenance 2-85(6) Vulgar language prohibited in public places 19-65 R PROPERTY Abandoned, inoperative and junked prop- RABIES CONTROL . , 14-37 et se Provisions enumerated 4-42 et seq. erty . q• See: ANIMALS AND FOWL See: GARBAGE AND TRASH Appearance plan (Appendix A). See that RADIOS subject Noise control 19-104 Boats, docks and waterways; unlawfully Police division, provisions re radio mainte- anclxored or moored vessels nance 2-76(6)(6) Unclaimed vessel to be sold; certifica- tion of sale 5-21 REASONABLE TIME Definitions and rules of construction I-2 Definitions and rules of construction 1-2 Dogs on proporty of others . 4-28(6) RECORDS. See: DOCUMENTS AND PUB- Insurance excise taxes; property insurance LIC RECORDS premiums 26-17 Noise from property 19-102 RECREATION. See: PARK, PLAYGROUNDS Subdivision regulations 36-1 et seq. AND RECREATION See: SUBDIVISIONS (Appendix B) REFUSE. See: GARBAGE AND TRASH Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH RESTROOMS Parks and recreation facilities; failure to PUBLIC PLACES. See: STREETS, SII}E- cooperate in keeping restrooms neat WALKS AND PUBLIC PLACES or sanitary 20-2 PUBLIC RECORDS. See; DOCUMENTS AND RETIREMENT. See: PENSIONS AND RE- PUBLIC RECORDS TIREMENT PUBLIC SAFETY DEPARTMENT S Boats, docks and waterways; unlawfully anchorod or moored vessels SAND DUNES Department of public safety to impound 5-1$ Flood damage prevention provisions...... 12.5-45 Director`s duties Designate instructor 2-75(2) SANITATION. See: HEALTH AND SANITA- Make assignments 2-75(1) TION Divisions SCHOOLS Fire Cain-operated amusements; proximity to Fire fighting 2-76(c)(3) schools restricted 19-4 Fire prevention 2-76(c)(4) Maintain equipment . , . . 2-76(c)(2) SEAWALLS Report losses 2-76(c)(1) Bulkheads and seawalls, construction re- Generally 2-76(a) quirements re 5-69 et seq. Police See: BOATS, DOCKS AND WATER- Crime prevention . . 2-76(6)(3}, (4} WAYS Investigation 2-76(6)(3) SEXUALLY-ORIENTED ENTERTAINMENT Patrol . 2-76(6)(2) Adult entertainment establishments Radio 2-76(6)(6) Zoning regulations re. See: ZONING (Ap- Records 2-76(6)(1) pendix C) Traffic 2-76(6)(5) Emergency medical services 11.5-21 et seq. SHALL, MAY See: EMERGENCIES Definitions and rules of construction 1-2 Supp. No. 27 2951 NORTH PALM BEACH CODE Section Section SHRUBBERY. See: TREES AND SHRUB- STORMWATER MANAGEMENT (Cont`dJ BERY Stormwater retention systems 21-69 Stroets SIDEWALKS. See: STREETS, SIDEWALIS Minimum street grades 21-62 AND PUBLIC PLACES Roadside swales 21-65 SIGNAL DEVICES Subdivisions, required improvements re 36-31 Noise control......., 19-103 Water qua]ity 21-70 Zoning; surface water management SIGNATURE, SUBSCRIPTION C-3 Regional Business District 45-34,1(8) Defuvtions and rules of construction 1-2 STREETS, SIDEWALKS AND PUBLIC SIGNS AND BILLBOARDS PLACES Code enforcement board, applicability re.. 2-173 Code enforcement board, applicability re.. 2-173 Country club; provisions re signs......... 9-2 Definitions and rules of eonstruction 1-2 Outdoor displays. See herein: Signs and Doga on streets and sidewalks 4-25(a) Outdoor Displays Excavations Parking in violation of signs 18-36 Definition.............. . 24-16 Parks, regulations re traffic signs 20-5(3) Equipment to be guarded . . 24-I8 Signs and outdoor displays Liability of village . Construction standards 6-117 24-20 Permits Design standards 6-117 Foes 24-29 Exempt signs 6-1i2 Required...........,.............. 24-28 Location standards 6-117 Protective measures.................. 24-19 Measurement determinations 6-1I6 Refilling, tamping by excavator........ 24-17 Permitted permanent accessory signs 6-115 Resurfacing by village . 24-17 Permitted temporary signs , . , 6-114 Handbills; distribution restricted......... 19-7 Prohibited signs 6-113 Hitchhilding prohibited.................. 19-6 Provisions generally 6-111 Landsca m Purpose and scope of regulations , . , , 6-110 See: LANDSCAPING ' ' ' ' • 27-31 et seq. Zoning Missiles, throwing 19-83 C-3 Regional Buainesa District 45-34.1(7) Motor vehicles and traffic 18-16 et seq. SOCIAL SECURITY See: MOTOR VEHICLES AND TRAF- Agreement authorized 2-138 FIC Appropriations by village 2-140 Obstructing passageway................. 19-47 Declazation of policy . . 2-136 Profanity; vulgar language prohibited 19-65 Exclusions from coverage 2-137 Public services department Records and reports 2-141 Division of permits and inspections 2-85(1) Social security act adopted 2-143 Streets maintenance division.......... 2-85(6) Withholding and reporting agent...... , 2-I42 Sidewalks and driveways Withholding from wages 2-139 Dangerous or abandoned driveways.... 24-46 Performance of work by village upon SPITTING failure of compliance 24-47 Spitting in public places prohibited..... , . 19-5 Permits Driveway construction STATE Application; information required, 24-58 Definitions and rules of construction 1-2 Prohibited in certain instances 24-57 STENCH BOMBS Required 24-56 Excepted uses 19-82(e) Separate permits required for drive- Possession prohibited 19-82(b) ways and sidewalk construction 24-55 Throwin or de ositin 19-82(a) Sidewalks g p g Constructed required in certain cases 24-41 STORMWATER MANAGEMENT Exceptions to requirements......... 24-42 Adoption . 21-61 Specifications Applicabi]ity 21-61 Driveways......................... 24-43(c) Design 21-61 Generally 24-43(a) )i`inished floor of structures, level of , 21-63 Sidewalks 24-43(b) Objectives of system design 21-68 Village engineer, driveways to be con- Open channels and outfall ditches........ 21-66 strutted under supervision of..... 24-44 Post development runoff rates, volumes and poliutantloads 21-67 Storm drainage facilities generally 21-64 Supp. No. 27 2952