Code of Ordinances Supplement 29 SUPPLEMENT N0. 29
k'ebruary 2005
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 Na. 02-2005, adopted January 27, 2005.
See the Code Comparative Table for further information.
Included in the Charter is:
Ordinance No. 33-2004, adopted December 9, 2004.
See the Charter Comparative Table for further information.
Remoue old pages Insert new pages
xi-xvi xi-xvi
Checklist of up-to-date pages Checklist of up-ta-date pages
(following Table of Contents)
9, 10 9-10.2
65 65
139, 140 139, 140
142.1, 142.2 1.42.1, 142.2
145-146.1 145-146.1
149-150.1 149-150.1
319 319
333, 334 333-335
619, 620 619, 620
1239-1242 1239-1242
1293-1295 1293-1295
1347-1350 1347-1350.1
1575, 1576 3575, 1576
2367, 2368 2367, 2365
2504.1, 2504.2 2504.1, 2504.2
2819, 2520 2819, 2820
2889 2889
2937, 2938 2937, 2938
2940.1--2942 2941-2942.1
2949, 2950 2949, 2950
2955, 2956 2955, 2956
1
INSTRUCTION SHEET-Contd.
Tnsert and maintain this instruction sheet in front of this publication. File
xemoved pages for reference.
Nl[.INICIPAL CODE CORPORATION
Past Oftce Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-500-262-CODE
Website: www.municode.com
l
CfiARTER § 1
fence of 152.42 feet, mare or less, to a point in the scribed in Deed from Tasdem, Incorporated to the
westerly extension of the North face of the South State of Florida, recorded in Deed Book 838, Page
wall of the Garden Shop so called, said Garden 25, Public Records of Palm Beach County, Florida,
Shop locatod in the Northwesterly corner of the with the Northerly right-of--way line of Palmetto
said J.M. Fields Store Building; thence North Road, as shown an the Plat of Kelsey City (now
88°40'58" East along the just said westerly exten- Lake Park), recorded in Plat Book 8, Page 35,
sign and along the just said North face of the Public Records of Palm Beach County, Florida;
South wall a distance of 41 feet, more or less, to a thence Westerly, along said Northerly right-of-
paint in the West face of the East wall of said way line, a distance of 48828 feet to a point on a
Garden Shop; thence North OI°19'04" West run- portion of the Westerly boundary of that certain
Wing along the just said West face of the East wall parcel of land described in Official Records Book
and the northerly extension thereof a distance of 3343, Page 1786, Public Rocords of Palm Beacb.
120.27 feet, more or less to a point in the face of County, Florida, and the point of beginning of the
the curb, said curb being 20.26 feet northerly hereinafter described parcel; thence Northerly
from and parallel with the face of the North wall along said Westerly boundary, making an angle
of said building; thence North 88°40'56" East with the preceding course, measured from East to
running along the said face of the curve and its North of 87°30'30", a distance of 247.44 feet to a
Easterly oxtension of a distance of 537.31 feet, point thence Westerly, making an angle with the
more or less, to a point in the said westerly preceding course, measured from South to West of
right-of--way line of State Road No. 5, said point 96°11'07", a distance of 208.80 feet to the of the
being also a point on a curve concave to the West, Easterly boundary of that certain parcel of land
having a radius of 11384.22 feet and whose tan- described in Official Records Book 3259, Page
gent passing through said point bears South 278, Public Records of Palm Beach County, Flor-
10°13'29" East; thence southerly running along ida; thence Southerly, along said Easterly bound-
the arc of the just described curve and along the ary, making an angle with the preceding course,
said westerly right-of--way line subtending a cen- measured from East to South of 89°58'58", a
tral angle of 01°48'07", a distance of 358.34 feet, distance of 240.58 feet to a point on said North-
more or Iess, to the end of said curve; thence erly right-of--way line, making an angle with the
South 81°34'38" West running along a line radial preceding course, measured from North to East of
to the just described curve and radial to the next 91°20'25", a distance of 235.45 feet to the point of
described curve and continuing along said west- beginning.
erly right-of--way line a distance of 5 feet to a point
in a curve concave to the West, being concentric Parcel A:
with the last described curve and having a radius A parcel of land lying in Section 17 Township 42
of 11389.22 feet; thence southerly running along South, Range 43 East, Palm Beach County, Flor-
the arc of the just described curve and continuing
along the said westerly right-of--way line; subtend- ida, more particularly described as follows:
ing a central angle of 00°25'22", a distance of
84,04 feet to the end of said curve; thence south Commencing at the point of intersection of the
OS°00'00" East along the westerly right-of--way Coast Railroad with the
westerly extension oEthe
line a distance of 91.77 feet, more or less, to the southerly right-of--way line of Richard Road as
POINT OF BEGINNING. said right-of-way is shown on the plat of Kelsey
TRACT II Acres, as recorded in Plat Book 22, Page 16,
Public Records of Palm Beach County, Florida;
A parcel of land lying in Section 21, Township 42 thence south 20°55'46" east along the easterly
South, Range 43 East, Palm Beach County, Flor- right-of--way line of the Florida East Coast Rail-
ida, being more particularly described as follows: road (the easterly right-of--way line of the Florida
East Coast Railroad is assumed to bear south
Commence at the intersection of the Westerly 20°55'48" east and all other bearings stated herein
Right-of--way line of State Road No. 5, as de- are relative thereto) a distance of 530.00 feet to
Supp. No. 29 ~
~,-
§ 1 NORTH PALM BEACH CODE
the paint of beginning of the hereinafter described thenco northwesterly along the arc of said curve
parcel; thence continue south 20°56'48" east along and westerly right-of way line of State Road Al-
said right-of--way line, a distance of 465.00 feet; ternate AlA, a distance of 27.60 feet to the point
thence north 68°01'45" east, a distance of 217.03 of beginning of the hereinafter described parcel;
feet to the point of intersection with the east line thence continuing along the arc of said curve and
of northeast quarter of the southwest quarter of right-of--way through a central angle of 01°54'58",
the southwest quarter of said section 17; thence an arc distance of 207.19 feet to the point of
north Ol°33`28" east along said east line, a dis- intersection with the west line of the southeast
tance of 157.90 feet to the point of intersection quarter of the southwest quarter of said section
with the westerly right-of--way line of state road 17, having a radial bearing at this point of south
alternate a-1-a, as shown on road plat Book 6, 66°59'21" west; thence south 01°33`29'° west along
Pages 180 through 187, Public Records of Palm said west lino, a distance of 224.02 feet to a point;
Beach County, Florida, said point lying on a curve thence north 69°09'44" east, a distance of 89.75
concave to the west, having a radius of 6195.45 feet to the point of beginning.
feet, a central angle of 03°0T42" and a radial Containing in all 0.2161 acres 9,413.3 -~/- square
bearing at this point of north 86°59`21" east; feet
thenco northerly along the arc of said curve and Subject to easements and rights-of--way of record.
said westerlyright-of--way line, a distance of 338.27
feet; thence departing said right-of--way line south Parcel "C": A parcel of land in the Southwest
64°04'34" west, a distance of 258.88 feet to the Quarter of Section 17, Township 42 South, Range
point of beginning. 43 East, Palm Beach County, Florida, more par-
ticularly described as follows:
Containing in all 2.85 acres. 124,146.0+1- square Commencing at the intersection of the Easterly
feet right-of--way line of Florida East Coast Railway
Subject to easements and rights-of--way of record. and the Westerly extension of the Southerly right-
ofi~way line of Richard Road as said right-o#'
way is
Parcel B: shown on Plat of Kelsey Acres recorded in Plat
Book 22, page 16, Public Records of Palm Beach
A parcel of land lying in the southwest quarter of County, Florida; thence Southerly along said East-
Section 17, Township 42 south, Range 43 east, erly right-of--way line of the F.E.C. Railway a
Palm Beach County, Florida, lying easterly of the distance of 995.00 feet to the Point of Beginning;
Florida East Coast Railroad and westerly of the theuce Southerly along said Easterly rightrof--way
westerly right-of--way line of State Road Alternate line of the F.E.C. Railway a distance of 156.93
A1A, being mare particularly described as ffll- feet; thence in a Northeasterly direction along the
lows: line making an angle with the preceding course,
Commencing at the southeast corner of the south- measured from North to East of 90°01'09" a
west quarter of said Section 17; thence north distance of 148.06 feet to a point on the East line
88°29'3$" west along the south line of said Section of the Northeast Quarter of the Southwest Quar-
17 {the south line of said Section 17 is assumed to ter of the Southwest Quarter of Section 17, thence
bear north 88°29'38" west and alI other bearings North along said East line a distance of 174.20
stated herein are relative thereto), a distance of feet to a point, thence in a Southwesterly direc-
733.66 feet to a point on the baseline of survey for tion along tho line making an angle with the
State Road Alternate A1A as shown on Road Plat preceding course measured from South to West of
Soak 8, Pages 180 through 187, Public Records of 66°21'06", a distance of 215.08 feet to the paint of
Palm Beach County, Florida; thence north 20°60'16" beginning.
west along said baseline a distance of 1184.25 feet PARCEL I: A parcel of land in Section 17, Town-
to apoint; thence south 69°09'44" west a distance ship 42 South, Range 43 East, more particularly
of 55.00 feat to the point of curvature of a curve described as follows:
concave to the southwest, having a radius of Beginning at a point in the westerly right-of--way
6195.45 feet and a central angle of 00°15'19°; line of Stato Road A1A, formerly State Road 176,
Cupp. No. 29 10
CHATi,TER § 3
said westerly right-of--way line being herein as- Subject to restrictions, reservations, easements
sumed to be a line parallel to and 40 feet westerly and covenants of record, if any, to the extent that
from the centerline of said road, and also being same are valid and enforceable.
parallel to and 7 feet westerly from the westerly (Laws of Fla., Ch. 73-564, § 1; Ord. No. 03-95,
right-of--way line of said road, as per Plat of 2-9-95; Ord. No. 24-96, 7-11-96; Ord. No. 33-96,
Rivard Subdivision, as retarded in Plat Book 21, 5-22-96; Ord. No. 20-99, § 1, 5-27-99; Ord. No.
page 12, and said point of beginning being 1145.6 16-2002, § 1, 5-23-02; Ord. No. 27-2002, § 1,
feet northerly, measured along said right-of--way 9-26-02; 03-2003, § 1, 2-13-03; Ord. No. 10-2004,
line, from the South line of said Section 17; thence 1(Exh. A), 7-8-04; Ord. No. 33-2004, § 1(Exh.
westerly, at right angles to the preceding course, A), 12-9-04)
128.06 feet, more or less, to a point in. the westerly
line of the Southeast Quarter of the Southwest ARTICLE III. LEGISLATIVE
Quarter of said Section 17; thence northerly along
said westerly line, 54.15 feet, more or less, to a Section 1. Village council; powers and com-
point in a line parallel to, and 50 feet northerly position.
from, measured at right angles to, the South Iine
of the herein described parcel, thence easterly There shall be a village council with all legis-
along said parallel line, 107 feet more or less, to a lative powers of the village vested therein consist-
point in said westerly right-of--way line of State ing of five (5) members who shall be electors of the
Road AlA; thence southerly along said westerly village, who shall be elected by the electors of the
right-of--way line, 50 feet, more or less, to the village.
point of beginning. {Ord. No. 1-76, § 1, 2-19-76)
Section 2. Election and terms.
PARCEL II. A parcel of land in Section 17, Town-
ship 42 South, Range 43 East, more particularly On the second Tuesday in March of each year a
described as follows: general election shall be held to elect members of
the village council. The selection of members of
Beginning at a point in the westerly right-of-way the village council shall be by groups to be known
line of State Road AlA, formerly State Road 176, as Groups 1, 2, 3, 4 and 5. The councilmen in
said westerly right-of--way line being herein as- Groups 1, 3 and 5 shall be elected in the even
sumed to be a line parallel to and 44 feet westerly years and councilmen in Groups 2 and 4 shall be
from the centerline of said road, and also being elected in the odd years. The term of office of a
parallel to, and 7 feet westerly from the westerly councilman shall commence upon his election and
right-of--way line of said road, Plat of Rivard qualification and shall continue for two {2) years
Subdivision, Plat Book 2J., Page 12, and said point thereafter and until his successor is elected and
of beginning being 1095.6 feet northerly, mea- qualified; provided, however, that the terms of
cured along saidright-of--way line, from the South office of those councilmen whose terms expire in
line of said Section 17, then northerly along said March of 1951 and March of 1982 shall be short-
westerly right-of--way line 50 feet; then westerly ened by a period of one week.
at right angles to the preceding course, 128.06 {Ord. No. 1-76, § 1, 2-19-76; Ord. No, 29-80, § 1,
feet, more or less, to a point in the westerly line of 10-9-$0)
the Southeast Quarter of Southwest Quarter of Section 3. Mayor.
said Section 17; then southerly along said west-
erly lino, 53.96 feet, more or less to a point in a The council shall elect from among its mem-
line parallel to, and 50 feet southerly from, mea- bers a mayor, a vice mayor, and a president pro
cured at right angles to, the north line of the tem to serve at the pleasure of the council. Elec-
herein described parcel, thence easterly along tion of the mayor, vice mayor and president pro
said parallel line 144 feet, more or less, to a point tem shall be done annually at the first (1st)
of beginning. regular council meeting after the viIlago election.
Supp. No. 29 10,1
§ 3 NORTH PALM BEACH CODE
The mayor shall preside at meetings of the coon- tive until the date of commencement of the terms
cil, shall be recognized as head of village govern- of the council members elected at the next regular
ment for alI ceremonial. purposes, by the governor election, provided that such election follows the
for purposes of military law, for service of process, adoption of such ordinance by at least six (6)
execution of contracts, deeds and other docu- months.
ments, and as the village official designated to (Ord. No. 1-76, § 1, Z-19-76)
represent the village in all agreements with other
governmental entities or certifications to other Section 5. Vacancies; forfeiture of office; fill-
governmental entities, but shall have no admin- ing of vacancies.
istrative duties except as required to carry out the {a} Vacancies. The office of a council member
responsibilities herein. The vice mayor shall act shall become vacant upon his death, resignation,
as mayor during the absenco or disability of the removal from office in any manner authorized by
mayor. The president pro tem shall preside at law or forfeiture of his office, such forfeiture to be
council meetings in the absence of the mayor and declared by the remaining members of the coun-
vice mayor.
cil.
The mayor shall have power, for sufficient (b) Forfeiture of office. A council member shall
cause, to suspend any Village officer or official forfeit his office if he lacks at any time during his
appointed by the council. In case of the suspen- term of off ce any qualification for the office
lion of any such person, the mayor shall, within prescribed by this charter or by law.
fifteen (15) days thereafter, deliver to the village
clerk, pr his deputy, a specification in writing of
the charges preferred to the officer suspended;
and it shall be the duty of said clerk to present
such charges to the council at its next meeting
following the receipt of such charges by him.
Thereafter the council shall proceed to hear and
determine the said charges after reasonable no-
tice of such hearing to the suspended officer, who
shall be given an opportunity to be heard with his
witnesses. If upon such hearing the charges pre-
ferred against such offcer shall not be sustained
by the council, the officer shall be thereby imme-
diately restored to office unless the council shall
decide to terminate the services of such offcer for
other cause, or without cause.
In the event that any village officer shall be
suspended by the mayor as herein provided, the
mayor shall have power to appoint sumo person or
same other officer of the Village temporarily to
perform the duties of the officer suspended, until
the charges against such suspanded officer are
heard and determined by the council.
{Ord. No. 1-76, § 1, 2-19-76)
Section 4. Compensation and expenses.
The council may determine the annual salary
of council members by ordinance, but no ordi-
nance increasing such salary shall become effec-
Supp. No. 29 10.2
CHARTER COMPARATIVE TABLE
Chapter Disposition
Number Section Article/Section
31481 (1956) Art, I I
73-564 1 II 1
Ordinance Disposition
Number Date Section ArticlelSection
29-80 10- 9-80 1 III 2
11-86 9-11-86 1 III 11
03-95 2- 9-95 II 1
24-96 7-11-96 II 1
33-96 8-22-96 II 1
20-99 5-27-99 I II 1
16-2002 5-23-02 1 II 1
27-2002 9-2fi-D2 1 II 1
31-2002 12-12-D2 1 Added I,A.
33-2D02 12-12-42 1 Added III 5(e)
34-2D02 12-12-D2 1 III 9{a)
35-2002 12-12-02 1 10
36-2402 12-12-02 1 III 11(a)--(c)
37-2002 12-12-02 1 Added III 12
38-2D42 12-12-02 1 Rpld IV 7
Added 1V 7
2 Added IV 8
3 Added N 9
4 Added N 10
39-2002 12-12-p2 1 V 3
40-2002 12-12-02 1 Added 1V 7
03-2003 2-13-03 1 II 1
10-2004 7- 8-04 1(Exh. A} II 1
33-2004 12- 9-04 1(Itigh. A} II 1
Supp. No. 29 65 [The next page is 77]
ADMINISTRATION § 2-53
respective departments and all activities Sec. 2-52. Composition; terms; vacancies.
assigned thereto, except as provided in
section 2-40. (a) Composition. The audit committee shall
consist of five (5} members and two (2) alternate
(2) Inaugurate sound practices. Keep in- members. The membership of the audit commit-
formed as to the latest practices in their tee shall consist of a member of the village coun-
parEieularfield and shall inaugurate, with cil, four (4} village residents with educational
the approval of the village manager, such and/or practical experience in the fields of finance
new practices as appear to be of benefit to or business.
the service and to the public.
(3) Report to village manager. Submit monthly (b) Terms. The village council shall appoint the
council member on an annual basis during April
and anneal reports of the activities of his of each year to take effect the following May 1 of
department to the village manager. each year. At the first appointment of the four (4)
(4} Maintain records. Establish and maintain resident members, one (1) member shall be ap-
e system. of filing and indexing records painted for a term of three (3) years; one (1}
and reports in sufficient detail to furnish member shall be appointed for a term of two (2)
. all information necessary for proper con- years; and two (2) members shall be appointed for
trol of departmental activities and to farm one {1) year. Thereafter, resident members shall
a basis for the periodic reports to the be appointed far terms of three (3} years. Alter-
village manager. Hate members shall be appointed on the same day
(5) Authority over employees. Have power, that regular members are appointed and on an
when authorized by the village manager, annual basis during April of each year to take
to appoint and remove, subject to person- effect the fallowing May 1 of each year and shall
eel policy regulations for personnel, all have the duty to sit for any regular member that
subordinates under him. is absent, including the member councilman. Al-
ternate members shall be appointed as first alter-
(6) Maintain equipment. Be responsible for Hate and second alternate and shall serve in that
the proper maintenance of all village prop- order when required. The members shall serve at
erty and equipment used in his depart- the pleasure of the village council.
meet.
(c) Vacancies. An appointment to fill any va-
(c) Departments. Each department shall fur- cancy shall be for the remainder of the unexpired
Wish, upon the direction of the village manager, term of office.
any other department such service, labor and (Ord. No. 06-2004, § 2, 4-8-04; Ord. No. 01-2005,
materials as may be requisitioned by the head of § 1., 1-27-05)
such department, and as its own facilities permit,
through the same procedure and subject to the Sec. 2-53. Organization.
same audit and control as other expenditures are
incurred. At the first organizational meeting of the com-
(Code I9"~0, § 2-35; Ord. No. 44-97, § 2, 10-9-97; mittee, the members shall elect a chairman and
Ord. No. 5-99, § 1, 1-28-99) vice chairman from among its members. Subse-
quent to the initial organizational meeting where
Secs. 2-44-2-50. Reserved. officers are elected, the members shall elect the
officers from among its members at the first
DIVISION 2. AUDIT COMMITTEE regular meeting in May of each year. The chair-
man of the committee shall always be one of the
Sec. 2-51.. Created. village resident members. The presence of three
(3} members shall constitute a quorum, and mo-
An audit committee (hereinafter referred as floes shall be approved by a majority of members
the committee) for the village is hereby created, present. The members shall serve without com-
(Ord. No. 06-2004, § 1, 4-8-04) pensation. All meetings of the audit committee
Supp. No. 29 139
§ 2-53 NORTH PALM BEACH GODS
shall be held at Village Hall, 501 U.S. Highway Sec. 2-57. Administrative services.
One, North Palm Beach, Florida, and shall be
open to members of the public. 'l'he village manager shall provide administra-
(Ord. No. 06-2004, § 3, 4-8-04} five services to the audit committee, including
personnel for the taking and transcribing of min-
Sec. ~-54. Duties. utes of audit committee meetings.
(Ord. No. 06-2004, § 7, 4-8-04)
The audit committee shall have the following
dutios and responsibilities: Sec. 2-58. Reserved.
(1) The rim res onsibilit of the audit
P ~Y p Y
committee shall be to oversee and monitor DIVISION 3. DEPARTMENT OF FINANCE
the independent audits of the viIlage's
financial statements from the selection of Sec. 2-59. Finance director; duties.
the independent auditors to the resolu-
tion of audit findings. The department of finance shall be headed by
the finance director, who shall:
(2} The audit committee shall facilitate cam-
naunicationbetween the villago manager's {1 } Prescribe form. Prescribe the form of ac-
office, tho indopendent auditors and the counts and reports to be rendered by him.
village council. (2) Budget duties. Prepare estimates of reve-
(3) The audit committee shall serve as an nue, and shall give such other assistance
advisor to the village council. in the preparation of the budget as may be
(4) The audit committee shall present on an required of him by the village manager.
annual basis a written report to the vil- (3) Financial statements. Transmit to the vil-
lage council which shall show how the lage manager at least monthly state-
committee has discharged its duties and menu of cash on hand and of classif ed
met its responsibilities. The written re- unencumbered appropriation balances for
poxt shall include its f ndings as to the the village as a whole, and such other
independent audits of the village's finan- financial statements as the manager may
cial statements. from time to time require. He shall keep
(Ord. No. DO-2004, § 4, 4-8-04) all departments, boards, commissions or
institutions currently informed of their
Sec. 2-55. Removal. classified unencumbered appropriation bal-
If amember of the audit committee or a desig- antes.
nated alternate of the committee is absent from (4) Keep accounts. Keep all general accounts
three (3) regularly scheduled meetings of tho of the village government and of the re-
committee within any twelve-consecutive-month spective departments, afI'ices, boards, com-
period without such absence being excused by missions and institutions thereof.
majority vote of the committee, the chairman (S) fiscal superaision over officers. Exercise
shall promptly notify the village council. The eneral su envision over all officers of the
council ma thereafter declare the member's of- g p
y
fice vacant and promptly fill such vacancy for the village regarding the proper management
unex fired term of office. of the fiscal concerns of their respective
p ffices
o
(Ord. No. 06-2004, § 5, 4-$-04)
Sec. 2.56. Access to records.
The audit committee shall have access to the
reports of any internal auditors, as well as access
to any annual internal audit work plans.
(Ord. No. 06-2004, § 6, 4-8-04)
Supp. No. 29 140
ADMINISTRATION § 2-136
Secs. 2-111-2-x14. Reserved. Sec. 2-117. Bond.
The village manager shall furnish a surety
ARTICLE N MANAGER* bond to be approved by the council, such bond to
be conditioned on the faithful performance of his
Sec. 2-116. Residency. duties. The premium of the bond shall be paid by
the village.
At the time of his appointment the village (Code 1970, § 2-28)
manager need not be a resident of the village or
state, but shall attain residence within the village Sec. 2-115. Budget.
limits within ono hundred twenty (120) days of The village manager shall furnish the village
his appointment and retain village residence dur-
ing his period of appointment, each fiscal year with a balanced budget.
{Code 1970, § 2-26; Ord. No. 36-2004, § 1, 12-9-04} (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1,
7-9-98)
Sec. 2-116. Removal.
Secs. 2-1i9-2-121. Reserved.
The village council may remove the village
manager at any time by a majority vote of the Secs. 2-I22, 2-123. Reserved.
members. In the event the village manager is Editor's note-Ord. No. 15-80, § 3, adopted .Iuly 24,1980,
removed from office by the village council without repealed 2-122 and 2-123, relative to the appointment and
good cause during a time that the village manager duties of the assistant village manager, respectively. Such
is willing and able to perform his duties, then, in sections formerly derived from Ord. No. 5-79, § 2, adopted
that event, the village shall pay the village man- 8, 1979.
ager the following:
Secs. 2-124-2-128. Reserved.
(1) Accumulated sick Ieave and accumulated
vacation pay; and
(2} Continuation of manager's salary and re- ARTICLE V. PENSIONS AND
laced insurance benefits under this agree- RETIREMENT SYSTEMS
went for a period of:
a. Three (3) months if the termination DIVISION 1. GENERALLY
occurs during the first six (6) months
of this contract; Secs. 2-129-2-136. Reserved.
b. Six (6) months if the termination
occurs thereafter; and DIVISION 2. SOCIAL SECUR.ITY~
(3} The village shall maintain at its expense Sec. 2-136. Declaration of policy.
tho insurances that cover tho manager
and his dependents for the months that It is hereby declared to be the policy and
the village is obligated to continue salary Purpose of the village to extond, effective as of
and benefit payments to the manager. October 1, 1956, to the employees and officials
thereof, not excluded bylaw, nor excepted herein,
The payments specified above shall relieve the the benefits of the system ofold-age and survivors
village of all obligations to the manager. insurance as authorized by the Federal Social
(Cade 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; Security Act and amendments thereto, and by
Ord. No. 23-97, § 1, 5-8-97; Ord. No. 36-2004, § 2, F.S. Chapter 650, as amended; and to cover toy
12-9-04) such plan all services which constitute employ-
Charter reference-Provisions relative to village man- t3tate law reference-Social security for public employ-
ager, Article N, 1-5. ees, F.S. Ch. 650.
Snpp. No. 29 142,I
§ 2-136 NORTH PALM BEACH CODE ~ /
ment as defined in F.S. section 650.02, performed village as employer toy applicable state or federal
in the employ of the village by employees and laws or regulations, which shall be paid over to
officials thereof the law#'ully designated state agency at the times
(Code 1970, § 26-ll; Ord. No. 22-2001, § 1, 8-9-01} and in the manner provided by law and regula-
tion.
Sec. 2-137. Exclusions from coverage. (Code 1970, § 26-15}
There is hereby excluded from this article any Sec. 2-141. Records and reports.
authority to include in any agreement entered
into under section 2-138 of this article any ser- The village shall keep such records and make
vice, position, employee, or official covered as of such reports as may be required by applicable
Februa 11 1957 b or ell 'ble to be covered b state or federal laws or regulations, and shall
rY Y ~ Y
adhere to the re lotions of the state a enc .
a then existin retirements stem. ~ g Y
g Y
{Code 1970, § 26-12) (Code 1970, § 26-16)
Sec. 2-138. Agreement authorized. Sec. 2-142. Withholding and reporting agent.
The mayor is hereby authorized and directed to {a) The village treasurer is hereby designated
execute all necessar a eements and amend- the custodian of all sums withheld from the
I Y
ments thereto with the division of retirement of compensation of officers and employees and of the
the department of administration, as state agency, appropriated funds for the contribution of the
for the purpose of extending the benefits provided village pursuant to this division.
by the federal system of old-age and survivors b The villa e clerk is hereb made the with-
g Y
insurance to the employees and officials of the holding and reporting agent and charged with the
village as provided in section 2-135, which agree- duty of maintaining personnel records for the
meat shall provide far such methods of adminis- purpose of this division.
tration of the plan by the village as are found by (Code 1970, § 26-17)
the state a enc to be necessar and ro er and
g Y Y p p,
shall be effective with res ect to services in em-
p _
Sea 2 143. Socr.al Security Act adopted.
ployment covered by such agreement performed
on and after the first day of October, ].955. The village does hereby adopt the terms, con-
(Cade 1970, § 26-13} ditions, requirements, reservations, benefits, priv-
ileges and other conditions thereunto appertain-
Sec. 2-139. Withholding' from wages. Wig, oftitle Il ofthe Social SecurityAct as amended,
far and on behalf of all officers and employees of
i hholdin s from salaries wa es or other
W t g g its departments and agencies to be covered under
compensation of employees and officials for the the agreement.
ur ose xovided in section 2-136 are hereby Code 1970 25-18
P p p ( }
authorized to be made, and shall be made, in the Editor's note-Title II of the Social Security Act is found
amounts and at such times as maybe required by in the United States Code (and 1Jnited states Code Anna-
applicable state or federal laws or regulations, toted}, Title 42, 40125.
and shall be paid aver to the state agency desig-
noted by law or regulations to receive such Secs. 2-144, 2-145. Reserved.
amounts.
(Code 1970, § 26-14)
Sec. 2-140. Appropriations by village.
There shall be appropriated from available
funds, derived from the general fiord, such amounts,
at such times, as may be required to pay promptly
the contributions and assessments required of the
Supp. No. 29 1422
AbMINISTRATION § 2-149
normal retirement date and has attained any reason shall have the option to receive a
ag'e fifty-five (55) and had five (5} years of refund. of all amounts contributed by the vested
credited service, a pension benefit of fifty employee without interest. If such option is elected
(50) percent of the amount the participant by the fully or partially vested employee, then
would have been entitled to, actuarially such employee shall no longer be a part of the
reduced for early retirement, shall be paid pension plan and shall not receive additional
to the surviving beneficiary for as long as pension benefits.
the beneficiary shall live. Such amount (Ord. No. I-83, § 3, 1-13-83; Ord. No. 9-94, § 2,
shall be based on the amount payable 6-9-94; Ord. No. 12-95, 1, 2, 3-23-95; Ord. No.
under the fifty (50) percent joint and 35-2003, § 1, 12-11-D3; Ord. No. 16-2004, § 1,
survivor option, reduced actuarially to the 7-22-D4)
age of the beneficiary.
(2) If a member dies prior to the normal Sec. 2-1.49. Normal and optional forms of
retiroment date and is then employed by benefits.
the village and has five {5) years of cred- (a) The normal form of retirement benefit is a
ited service, such member regardless of monthly benefit far life.
age shall receive pension benefits as set
forth in subsection (3). (b) Each member entitled to a normal or early
{3) The members specified in subsection (2) retirement benefit shall have the right, at any
above shall receive a benefit equal to the time prior to the date on which benefit payments
member's vested accrued pension as cam- begin, to elect to have this bonefit payable under
puted under section 2-148{b) and shall be ~`y of the options hereinafter set forth in lieu of
payable to the designated beneficiary in such benefits and to revoke any such eloctions
equal, consecutive monthly installments and make a new election at any time prior to the
actual beginning of payments. The value of op-
over ten {10} years. The benefit payment tional benefits shall be the actuarial equivalent of
specified herein shall commonce upon death the value of benefits otherwise payable. The mem-
of the plan membor and approval of the ber shall make such an election by written re-
pension board. quost to the board, such request being retained in
{f) ~'ermination of employment. A participant the board's files.
who terminates his employment for reason other Option 1. Joint and Last suruioor option. The
than death or retirement shall be entitled to a member may elect to receive a benefit
deferred monthly rotirement benefit commencing during his lifetime and have such benefit
at his normal retirement date equal to the prod- (or a designated fraction thereof) contin-
uct of his vested percentage, as determined from ued after his death. to and during the
the following schedule, and his accrued benefit: lifetime of his dosignated beneficiary. The
Credited Seruice Vested Percentage minimum joint and survivor percentage
shall be fifty (50) percent, reduced actuari-
Less than 5 0 ally to the age of the beneficiary. The
5 but less than 7 50 election of option 1 shall be null and void
7 but less than 9 75 if the designated beneficiary dies before
9 or more 100 the member's benefit payments commence.
(g} Refund of contribution. All contributions Option 2. Life annuity with ten years certain.
made by employees whose employment is termi- The member may elect to receive a monthly
Hated for any reason prior to vesting shall receive bonefit for one hundred twenty {120)
a rofund of all amounts contributed by the em- monthly payments certain. In the event
ployee to the pension plan without interest. All the momber dies after his retirement, but
contributions made by fully or partially vested before he has received retirement benefits
employees whose employment is terminated far for a period of ten (10) years, the same
Supp. No. 29 145
§ 2-149 NORTH PALIVI BEACH CODE
monthly benefit will be paid to the bens- (b) Othet: Private donations, gifts and contri-
ficiary {or beneficiaries} as designated by butions may be deposited to the fund, but such
the member for the balance of such ten- deposits must be accounted for separately and
year period or, if no beneficiary is desig- kept on a segregated bookkeeping basis. Funds
Hated, to the surviving spouse, or estate of from these sources may be used only for addi-
the member. tional benefits for members, as determined by the
board, and may not be used to reduce required
Option 3. Other. In lieu of the optional farms village contributions.
enumerated in this section, benefits may (Ord. No. 1-83, § 5, 1-13-53)
be paid in any form approved by the board
so long as it is the actuarial equivalent of Sec. 2-161. Retirement board, establishment.
the benefits otherwise payable.
Optiora 4, Social secu3~ity adjustment option. If a (a} There is hereby created a general emgloy-
member retires before being eligible for ees retirement board of the village which shall
social security benefits, he or she may consist of five (6) members.
elect an option to receive a larger pension Two (2) members of the board shall be employ-
up to the date he or she begins receiving ees of the village. The employee members shall be
social security benefits. The member's pen- elected at large by full-time village employees
lion benefits shall be appropriately re- who are not firemen or policemen. Employees who
duced after social security payments be- are elected cannot work in the same departments
gin. The amount of reduction shall be of the village. The term of service of employees on
actuarially determined by the actuary. the general retirement board shall be indefinite
(c) Lump sum payment. Notwithstanding any- or until the time such employee member of the
thing contained within section 2-145 and section retirement board is retired, disabled, resigns,
2-149 to the contrary, the board, in its sole discre- terminates village employment or is removed for
tion, may elect a lump sum payment to the misconduct by majority vote of the employees or
beneficiary or beneficiaries in lieu of installments the council of the village or for nonparticipation
when the monthly benefits do not exceed the sum by missing two (2) or more consecutive meetings.
of one hundred dollars ($100A0}. This provision The election to the board shall be arranged by the
applies to normal retirement, late retirement, village clerk, who shall give reasonable notice of
early retirement and preretirement death regard- the election to the eligible voters. One (1) member
less of the fact that the member elected retire- of the general retirement board shall be a resi-
ment benefits to be made in monthly install- dent of the village, selected by the village council,
menu one (1) member shall be the village manager and
one (1) member shall be the village mayor who
(Ord. No. 1-83, § 4, 1-13-83; Ord. Na. 4-93, § 1, shall serve as nonvoting chairman except in case
1-14-93) of a tie vote of the retirement board. The mayor
may designate another member of the village
Sec. 2-160. Village contributions. council to serve in his place, from time to time.
{a) Generally. So long as this system is in (b) Should a vacancy occur in the position of a
effect, the village shaIl 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 ovex a pointed by the village council within thirty (30)
forty-year period. days.
Supp. No. 29 146
AD1VIIrTISTRATION § 2-153
(c) The retirement board hereby created shall tions reposed in the retirement board may be
perform all duties and enjoy all rights and powers performed and carried out by the village trea-
vested by law or ordinance, and the village attor- surer, at the direction of the retirement board
ney may give advice and legal assistance to said through duly authorized agents, provided that
retirement board in all matters pertaining to the the village treasurer shall, at all times, maintain
performance of their duties, whenever requested continuous supervision over the acts of any such
and may prosecute and defend all suits which agent(s); provided further, that legal title to the
may be instituted by or against it; provided, funds shall remain at all times in the name of the
however, the retirement board may, in its discre- village.
tion, employ independent legal counsel for such
purposes, if fiinded by the village council, the The village, or its designated funding agent,
expense of such employment to be paid by the shall be the custodian of all securities, and the
village. accretion thereof shall become a part of the gen-
eral retirement fund. AlI funds and securities of
(d) The retirement board shall have full au- the general retirement fiend shall be deposited
thorny to administer all the provisions of this with the village treasurer, who shall keep then in
division and shall cause all disbursements and a
receipt far all monies received by the fund through
the office of the village treasurer. The retirement
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 logislation, 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, 1-13-83}
Sec. 2-152. Additional rules and reg~ilations
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 the general
retirement fund.
(Ord. No. 1-83, § 7, 1-13-83)
Sec. 2-153. )(nvesting funds; custodian of se-
curities.
(a) The retirement board shall have the power
and authority to direct the village treasurer to
invest and reinvest 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 fiinc-
Supp, Na. 29 146.1
t,
I,~
ADTVIINISTRATION § 2-J58
all or any portion of the balancs to the plan within thirty (30) days from the effective
credit of the distributes, except that an date of this section. Existing employees of the
eligible rollover distribution does not in- Village at time of passage of this section who do
elude: any distribution that is one of a not elect to be covered under the optional plan
series of substantially equal periodic pay- within said thirty {30) day period shall continue
ments (not less frequently than annually) to be covered under the existing benefit plan for
made for the life (or life expectancy) of the general employees.
distributes or the joint lives {or joint life
expectancies) of the distributes and the (b) Retirement date. Amember's normal retire-
distributee's designated beneficiary or for went date shall be the first day of the month
a specified period of ten {10) years or coincident with, or next following, attainment of
more; any distribution to the extent such his or her sixtieth birthday and the completion of
distribution is required under section nine {g} full years of service with the village. A
401(a)(9} of the Code; and the portion of member may retire on his or her normal retire-
any distribution that is not includable in
gross income. went date or on the first day of any month
thereafter, and each member shall become one
(b) Eligible retirement plan: An eligible retire- hundred (100} percent vested in his or her ac-
ment plan is an individual retirement crued benefit on his normal retirement date. The
account describod in section 408(a) of the normal retirement date described above shall
Code, an individual retirement annuity apply only to members who are hired as general
described in section 408(b) of the Code, an employees from and after the effective date of the
annuity plan described in section 403(a) ordinance from which this section derives.
of the Code, or a qualified trust described
in section 401(a) of the Code, that accepts The normal retirement date for a member who
the distributee`s eligible rollover distribu- was a general employee of the village prior to the
tion. However, in tho case of an eligible effective date of the ordinance from which this
rollover distribution to the surviving section derives shall be the first day of the month
spouse, an eligible retirement plan is an coincident with, or next following, attainment of
individual retirement account or individ- his or her sixtieth birthday.
ual retiremont annuity.
(a) Distributes: A distributes includes an em- Employees who are vested and eligible to retire
playee or former employee. In addition, shall have the right to file a writton election to be
the employee's or former employee's sur- considered retired on the day before death if such
viving spouse is a distributes with regard employee should die prior to retirement. If an
to the interest of the spouse. employee who is vested and eligible to retire dies
{d) Direct rollover: A direct rollover is a pay- prior to retirement without making the foregoing
went by tho plan to the eligible retire- election, the election can be made by the employee s
ment plan specified by the distributes. beneficiary previously designated in the village
(Ord. No. 13-95, § 1, 3-23-95) records.
Sec. 2-158. Optional benefit plan. {c) Retirement benefit. A member retiring here-
under on or after his normal retirement date shall
(a} Applicability to employees. The optional receive a monthly benefit which shall commence
benefit plan shall apply to all employees hired an his retirement date and be continued thereaf-
subsequent to the effective date of the ordinance ter during his lifetime, ceasing upon death. The
from which this section derives and to all existing member's annual pension benefit shall either
employees of the ViIlage at the effective date of equal two and one-quarter {2114) percent or two
the ordinance from which this section derives who and one-half (2112) percent of final average earn-
slect in writing to be a part of this optional benefit ings multiplied by the member's credited service
Supp. No. 29 149
§ 2-158 NORTI3 PAI1M SEAC~ CODE
for the first twenty (20) years of credited service the plan. All such pick-up contributions
and one {l} percent far each year of credited by the Village shall be deemed and be
service thereafter as follows: considered as part of the member's accu-
(1) All employees hired prior to the effective mulcted contributions and subject to all
provisions of the Plan pertaining to accu-
date of this section shall have cone-time
option for a period of thirty (30) days from mulcted 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 (2114) percent of final average Code. For paying Soeial 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" ar 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 an a current basis in order to
to make such election within said thirty determine total wages, salary, gay or com-
(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 (21/4} butions in lieu of direct contributions by
percent of final average earnings. the member, such contributions shall ac-
(2) 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 choosingto receive the contributed amounts
(including cost of living) of their respec- directly instead of having them paid by
five earnings and the employee's pension the employer directly to the plan. All such
benefit shall be two and one-half (21lz) contributions by the employer shall be
percent of final average earnings. deemed and considered as part of the
(d) Member contributions. member's accumulated contributions and
subject to aIl provisions of this plan per-
(1} Amount. Members of the plan shall make taming to accumulated contributions of
regular contributions to the fund at a rata 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 Village shall pick-up, rather
than deduct from each member's pay, be- (3) Interest. Interest shall be credited to mem-
ginning with the date of employment, two ber contributions as of September 30 of
(2) percent of the member's basic compen- each year at a rate equal to the change in
sation. The monies sa picked-up shall be the consumer price index, published by
deposited in the Fund on a monthly basis, the U.S. Bureau of Labor Statistics, over
An account record shall be maintained the twelve-month period ending on the
continuously for each member. Pick-up previous June 30. The maximum rate for
contributions shall continue until death, any year shall be seven (7) percent and
disability or terzninatian of service, which- the minimum rate shall be zero (0} per-
ever shall occur first. Contributions shall cent.
remain in the fund unless withdrawn as
provided in the Plan. No member shall (e) The board shall have the power and author-
have the option to choose to receive the ity to recommend an increase or decrease in the
contributed amounts directly instead of benefits payable hereunder, through the adoption
having them paid by the village directly to of an amendment to this article but provided such
Supp. No. 29 15Q
ADiVIINISTRA'PION § 2-158.1
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,
?-25-96; Ord. No. 35-2003, 2, 3, 12-11-03; Ord.
No. 16-2004, § 2, 7-22-04)
Sec. 2-155.1. Optional benefit plan no. 2.
Cost of lining adjustment. The amount of pen-
sion benefit will be increasod 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 rocoived 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 mandatory for all employees
hired after the effective date of this section and
Supp. Na. 29 150.1
Chapter 5
BOATS, DOCKS AND WATERWAYS
Art. I. In General, 5-1-5.32
Art. II. Boat Launching Area, 6.33-5-45
Art. III. Construction Requirements, 6-49-5-96
Div. 1. Generally, 5-49-5-55
Div. 2. Canals, 5-56 5.68
Div. 3. Bulkheads and Seawalls, 5-63-5-80
Div, 4. Docks and Fiers, 5-81-5-92
Div. 5. Erosion Control Structures, 5-93~-140
Art. N Marine Sanctuaries, § 5-101
Art. [T Waterways Board, 6-102--5-106
Cross references-Bulkhead lines, Ch, 7; paxks, playgrounds and recreation, Ch. 20.
State law references-Beautification and improvement of waterways, FS. § 342A3; Florida Vessel Registration and Safety
Law, F S. ch. 327.
Supp. No. 29 319
BOATS, DOCKS AND WATDRWAYS § b-101
"(b) In granting any variance, the board of Sec. 5-95. Construction.
adjustment may prescribe appropriate con-
ditions and safeguards in conformity with Construction plans and location of erosion con-
this part and any ordinance enacted un- trol structures shall be prepared by a Florida
der its authority. Violation of such condi- registered engineer and be approved by the vil-
tians and safeguards, when made a part loge engineer. Prior to a permit being issued,
of the terms under which the variance is Permits shall also be obtained from any other
granted, shall be deemed a violation of authority having a legal interest in the waterway,
the ordinance. lake, river, lagoon or other body of water involved.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
"(c) The board of adjustment may prescribe a
reasonable time Iimit within which the Sec. 5-96. Control.
action for which the variance is required
shall be begun or completed or both." Every erosion control structure shall be awned
(Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, and maintained by the village and shall be aI-
12-10-98) tered or removed under the authority and deci-
sion of the village council. Erosion control struc-
Secs. 5-87-5-92. Reserved. Lures may be constructed by upland landowners
under the supervision of the building official of
the village. All erosion control structures shall
DIVISION 5. EROSION CONTROL meet the minimum design requirements set forth
STRUCTURES` in this chapter, including permits, fees, surety
bonds, z~zinimum design requirements and other
Sec. 5-93. Definition. regulations.
As used in this division, "erosion control strut- (Code 1970, § 11-40; Ord. No. 4-74, § 2}
Lures" shall mean seawalls and/or groins designed
to control and prevent erosion of existing land Secs. 5-97-5-100. Reserved.
masses which lie outside established bulkhead
lines or property lines in waterways, lakes, rivers, ARTICLE N MARINE SANCTUARIES'
lagoons or other bodies of water in the village.
(Code 1970, § 11-40; Ord. No. 4-74, § 2)
Cross reference-Rules of construction and definitions Sec. 5-101. Designation of waters as marine
generally, § 1-2. SanCtllSrieB.
Sec. 5-94. When permitted. (a) Definition. Marine sanctuary is defined as
those areas within the village where the tide ebbs
Erosion control structures shall be permitted and flows including, but not limited to, Lake
to be constructed in the village only where land Worth, the Intracoastal Waterway and other wa-
masses exist waterward of any property line or ter areas throughout the village which under
bulkhead line in the village and within the rights- normal circumstances support vegetation typi-
of-way of any waterway, lake, river, lagoon or tally adapted far life in the water and far the
other body of water in the village other than the preservation and growth of fish breeding, recre-
Atlantic Ocean. Erosion control structures shall ation and aesthetic areas.
be permitted when the village engineer and vil- (b} Areas designated. The village nominates all
Iage council determine that such structure is water areas within its corporate limits, and, in
necessary to prevent a land mass as described particular, Lake Worth and the Intracoastal Wa-
above from eroding into the adjacent body of
water. #Editor's note-Ordinance No. 18-78, § 1, adopted Sep-
(Code 1970, § 11-40; Ord. No. 4-74, § 2) tember 13, 1979, amended the Code by adding § 7-25. How-
ever, for purposes o£ c]assification, the new provisions have
*Cross reference-Coastal construction code, § 6-lbl et been redesignated as Ch, 5, Art. N, § 5-101, at the editor's
seq, discretion.
snpp. lvo. 29 333
§ 5-101 NORTH PALM BEACH CODE
terway, to be designated as "a marine and wildlife ARTICLE V. WATERWAYS BOARD
sanctuary" as provided for under Title III of the
Marine Protection, Research and Sanctuaries Act sec. 5-102. Created.
of 1972. The village clerk is hereby directed to
request the secretary of commerce to so designate A waterways board (hereinafter referred as the
those portions of North Palm Beach to be marina "board") for the village is hereby created.
sanctuaries. {Ord. No. 1$-2004 § 1 7-22-04)
> >
(c} Area to be regulated. The village hereby Sec. 5-103. Composition; terms; vacancies.
declares the waters of Lake Worth and the
Intracoastal Waterway within its municipal bound- (a) Composition. The waterways board shall
cries to be a marine sanctuary in accordance with consist of fve (5) members and two (2) alternate
its findings that these waters support substantial members who shall be village residents.
fish breeding and are one of the last known fish
breeding areas in Lake Worth, and contain therein {b) ~'erms. At the first appointment of the five
unique mangrove species, mud flats and other members, one (1) member shall be appointed
areas conducive to fish breeding and ecological for a term of one (1) year; two (2) members shall
conservation of marine life. Further, that such be appointed for a term of two (2) years; and two
areas are necessary to be conserved for their (2) members shall be appointed far a term of three
ecological purposes, as well as for the substantial (3) Years. Thereafter, resident members shall be
appointed for terms of three (3} years. Alternate
recreational purposes of fishing and boating which members shall be appointed on the same day that
occur thereon, as well as for the aesthetic value of reg-ulax members are appointed and on an annual
the substantial expanse of water, together with basis during April of each year to take effect the
the marine life, mangroves and foliage connected following May 1 of each year and shall have the
therewith. Accordingly, the village council hereby duty to sit for any regular member that is absent.
undertakes to regulate water areas, mangrove Alternate members shall be appointed as first
areas and other fish breeding and recreation alternate and second alternate and shall serve in
areas within the village to the extent that such that order when required. The members shall
regulations do not conflict with either state or serve at the pleasure of the village council.
federal law, and no disturbance of existing areas
within the village where the tide ebbs and flows (c) Vacancies. An appointment to fill any va-
mayoccur without the specific authorization, per- coney shall be for the remainder of the unexpired
mit and license of the village, after due notice and term of office.
hearing as to the ecological, conservation, recre- (Ord. No. 18-2004, § 1, 7-22-04)
ation and aesthetic affect upon these areas shall
be had. Sec. 5.104. Organization.
(d} Construction of section. The farms of this At the first organizational meeting ofthe board,
section shall be in addition to any other terms set the members shall elect a chairman and vice
chairman from among its members. Subsequent
forth in this Code which are concerned with to the initial organizational meeting where offic-
applications for dredge and fill permits, applica- ers are elected, the members shall elect the offic-
tions for building, setback applications, etc., and ers from among its members at the first regular
shall not be considered to be in lieu of any meeting in may of each year. The presence of
requirements contained in the village Codo. three (3) members shall constitute a quorum, and
(Ord. No. 18-79, § 1, 9-13-79) motions shall be approved by a majority of mem-
Cross referene~F`illing permits, ~-16-~-20. hers present. The members shall serve without
compensation. All meetings of the waterways board
Supp. No. 29 334
BOATS, DOCKS AND WATERWAYS § 5-106
shall he held at Village Hall, 501 U.S. Highway
One, North Palm Beach, Florida, and shall be
open to members of the public.
(Ord. No. 18-2004, § 1, 7-22-04)
Sec. 5-105. Duties.
The waterways board shall have the following
missions and responsibilities:
(1) The mission of the waterways board is to
ensure that the waterways located within
the Village of North Palm Beach and the
marina located at Anchorage Park are
maintained, operated and improved to
provide the safest, most efficient, econom-
ical and environmentally-sound water
transportation route in the village and to
provide sound use of village waterways
that serve business, commercial fisheries
and recreation.
(2} The hoard shall identify, analyze, address
and publicize issues that affect the village
waterways, village citizens and users.
(3) The board shall endeavor to build a grow-
ing community of support through educa-
tion of its members, prospective members,
community groups and relevant govern-
ment officials.
(4) Tho board shall make recommendations
to the village council as to recommended
improvements and establishment of poli-
cies.
(Ord. No. 1$-2004, § 1, 7-22-04)
Sec. 5-106. Removal.
If a member of the waterways board or a
designated alternate of the board is absent from
three (3}regularly-scheduled meetings of the board
within any twelve (12) consecutive month period
without such absence being excused by majority
vote of the hoard, the chairman shall promptly
notify the village council. The council may there-
after declare the member's office vacant and
promptly fill such vacancy for the unexpired term
of office.
(Ord. Na. I8-2004, § 1, 7-22-04)
Supp. No. 29 330 [The next page is 381]
I
`l
EI,EC`I'TONS § ZO-62
Sec. 10-14. Same-Public measure. (1) clerk of election for each polling place, all of
whom shall be residents and registered, qualified
Whenever a public measure shall be submitted electors of the village.
to the vote of the people, the substance of such (Code 1970, § 12-22; Ord. No. 9-93, § 1, 3-11-93)
public measure shall be printed an the ballot one
(1} time, after the list of candidates, if any, fol-
lowed by the phrase, "For the Amendment" and Sec. 10.59. Oath required.
also by the phrase, "Against the Amendment" The inspectors and clerks of election shall,
with a sufficient blank space thereafter for the before entering upon the duties of their offices,
placing of the symbol "X" to indicate the voter's take and subscribe an oath or affirmation to the
choice. effect that they will perform the duties of inspec-
(Code 1970, § 12-35) for and clerk respectively, according to law, and
endeavor to prevent any fraud, deceit or abuse in
Secs. IO-11, 10-12. Reserved. conducting the election, Such oath may be taken
Editor's note-Ord. No. 27-2004, 1, 2, adopted Oct, 14, before the village clerk or any officer authorized
2004, repealed 10-11, 10-12, which pertained to village to administer oaths and shall be filed with the
council to constitute canvassing board; and protest of election sElperVi.SOr Of reglStratlOn.
returns and inspection by canvassing board, and derived from (Code 1970, § 12-23)
Code 1970, 12-57, 12-58.
Sec. 10-13. Early voting. Sec. 10-60. Filling vacancy.
The village hereby exercises its right under In the case of absence or refusal to act of any
Florida law to exempt itself from the provisions of inspector or clerk appointed by the village council,
F.S. § 101.657, Early Voting. the remaining inspectors and clerk at any polling
(Ord. No. 02-2045, § 1, 1-27-05) place may fill all vacancies from the registered
and qualified electors of the village, and provided
Secs. 1fl-14-10.37. Reserved. that the council shall not have filled such vacancy
prior to the date of holding any such election.
(Code 1970, § 12-24)
ARTICLE II. RESERVEDx
Sec. I0.61. Compensation.
Secs. 10-38-10-57. Reserved. Inspectors and clerks of any election shall be
paid for their services by the village in such sum
ARTICLE III. INSPECTORS AND CLERK as may be determined, from tune to tinge, by the
village council.
Sec. 10-58. Appointment. (Cade 1970, § 12-25}
For the purpose of carrying on and conducting Sec. IO.62. Duty to maintain good order and
of general and special elections, it shall be the report violations.
duty of the village council, at least twenty {20}
days prior to the holding of any election in the {a) The inspectors of election shall have full
village, to appoint at least three (3) intelligent, authority to maintain order at the polls and
discreet, fair-minded, qualified inspectors and one enforce obedience to their lawful commands dur-
ing an election and during the canvass and esti-
~'Editor's note-Ord. No. 3-79, § 1, adopted Feb. 22, 1979, mate of the votes.
repealed 10-310-46, which sections constituted Art. II,
pertaining to absentee voting. Such sections derived from
Code 1970, 12-46-12-54. Section 2 of Ord. No. 3-79 (b) It shall be the duty of the clerk and inspec-
provided "that the provisions of the genoral laws of the State tars to report any violation of this chapter to the
of Florida relating to absentee voting are hereby adopted as a village council. If ordered by a maj ority of the
part of the Election Codo of the Yllage of North Palm Beach." board at any precinct, any person presenting
Supp. No. 29 $19
§ 1Q-62 NORTH PALM BEACH CODE
himself to vote may be arrested by any peace shall see that there is no interruption of good
officer attending such precinct, for known viola- order. Such police officer shall have the power to
tions of this chapter. maintain peace and to summon a posse from
(Code 1970, § 12-26) among the bystanders to aid him in maintaining
the peace and good order at the polls.
Sec. 10-63. Organization. (Code 1970, § 12-18)
One (1) inspector shall act as the chairman of
the election board at each polling place. In any
and all questions that may arise before such
inspectors of election, the decision of the majority
of them shall decide the question.
(Code 1970, § 12-27)
Sec. 10-64. Instruction prior to election,
The supervisor of registration and the village
council shall, prior to each election, give such
instruction as necessary to the members of the
election board concerning their duties for the
groper conducting of the election and for the
proper operation of voting machines. Such instruc-
tion shall be given not more than ten (10) days
prior to the date of the election and as near to
each election as practicable. This shall not be
construed to mean that instruction is required to
be given to each election board before each elec-
tion but to provide for instruction of election
boards needing instruction in order to properly
perform their duties.
(Code 1970, § 12-2$)
Secs. 10-65-10-75. Reserved.
ARTICLE N POLLING PLACE
Sec. 10-76. Designated.
The polling place of the village shall be as
hereinafter designated, from time to time, by the
village council.
(Code 1970, § 12-15)
Sec. 10-77. Policeman to be present.
The council may designate one (1) of the offic-
ers of the police force of the village for each polling
place, who shall be required to be present during
the whole of the time the polls are kept open and
until the election is completed. He shall be subject
to all lawful commands of the inspectors, and
Cl'he next page is 671]
Supp. No. 29 G20
OFFENSES AND MISCELLANEOLFS PROVISIONS ~ 19-210
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 Hance and repair service to the alarm;
be made within sixty (60} days from notification
by the village to the alarm user. Alarm system {9) An agreement by the alarm user, binding
permits shall first issue for the period from. Au- upon the alarm user's heirs and succes-
gnst 1, 1993, to January 1, 1995, and on an sera in interest, to promptly pay or law-
annual basis thereafter. fully contest any penalties assessed against
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the alarm user for an excessive number of
4-22-93; Ord. No. 14-93, § 1, 6-10-93) false alarms as described in this article.
Sec. 19-249. Application for alarm system (b) An amended application shall be filed within
ten (10) days after any change in the information
permit, provided in the application. Upon such amend-
(a) Applications for alarm system permits shall ment, a new alarm permit shall be issued without
be made to the director of public safety on foxms charge or fee.
provided by the public safety department. The
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 of discovery unless, it is
the alarm user; being disclosed at time of permit renewal.
(Ord. No. ll-81, § 1, 11-12-81; Ord. No. 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. 1.9-210. Term of permit; fee; nontrans-
(3} The name, address and telephone number ferable.
of the pexson 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; issued to any occupant of a multi-unit dwelling or
(5) The names, address and telephone Hum- commercial building wishing to install aperson-
bers of two (2) persons that shall respond ahzed alarm system within the building already
to assist public safety personnel at the Permitted for is controlled by a single person or
site of the alarm in case of problems. entity residing ar 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).
spend within one {1) hour if requested. (e) 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 far an alarm system that is
raises in order to evaluate any problems used as a common alarm system throughout the
and make an official report if necessary. premises.
(6) The name, address and telephone number
of the person or entity installing the alarm; {cl.) The 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 vice. The fee for this permit is twenty-five dollars
alarm; {$25.00) and shall be renewed each calendar year.
Supp. No. 29 1239
§ 19-21D NORTH PALM BEACH CODE
(o} The public safety department shall issue a Sec. 19-212. Excessive false alarms declared
decal specifying the permit number with each a public nuisance.
permit issued. The alarm user shall post the
initial decal prominently on or near the front The emission of false alarms within the calen-
entrance to the premises such that the permit dar year as cited in section 19-213(1} and (2) is
number provided an the decal is visible from excessive and constitutes a serious public nui-
outside the structure. lance, and is hereby declared to be unlawful and
a violation of this section. Na person shall allow,
(f) Any alarm system permit issued pursuant permit, cause, or fail to prevent, the emission, for
to this article shall not be transferable or assign- any reason, by any alarm used by him, or any
~ alarm servzn rem~.ses or a buildin occu xed
gp g p
able and shall cover only one (1} building or
premises. and controlled by such person, of more false
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, alarms as cited in section 19-213(1) and (2}within
4-22-93; Ord. No. 36-2000, § 1, 11-14-00) the calendar year.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
422-93)
Sec. 19-211. Issuance of alarm system per-
mit. Sec. 19-213. False alarm service charge; col-
lection.
An alarm system permit shall be issued to the
alarm user by the director of public safety within An alarm user shall pay the following fees to
thirty (30) days after receipt of the completed the village for responses to excessive false alarms
application by the director of public safety. An by the public safety department within the calen-
alarm system permit shall be denied if: dar year.
(1) The requested information is not supplied Residential properties:
on the application. (1} In a single alarm user premise, there
(2) Material information on the application is shall be no chargo for a response to the
first three {3) alarms within the calendar
incorrect.
year.
(3) Any person or entity listed on the appli- (2) In a multi-unit structure where an alarm
cation under subsections 19-209(a)(6) system permit has been issued fora com-
through (8), does not possess any required mon alarm system, the no charge sched-
occupational or regulatory licenso to con- ule of service fees reference false alarms
duct activities required by subsections within the calendar year scale will be as
19-209{a){6) through (8), unless the per- follows:
son or entity is the alarm user.
The department of public safety shall give notice 2-20 units -Three (3) no charge
of the permit expiration date and need for re-
newal, with a due date specified in said notice. falso alarms
Application for renewal will require atwenty-five- 21-40 units -Four (4) no charge
dollar permit renewal fee and updated informa- false alarms
tion required in subsections 19-209(a){1} through 41-60 units -Six (6) no charge false
(9). Failure to return the renewal application and alarms
renewal fee by the due date specified in the notice 61-80 units -Eight (8) no charge
shall result in atwenty-five-dollar Iate fee being false alarms
assessed. 81-100 units -- Ten (10) no charge
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, false alarms
422-93; Ord. No. 13-2001, § 1, 5-l0-01; Ord. No. 101-120 units - 'Ibvelve (12) no charge
].7-2004, § 1, 7-22-04} false alarms
5upp. No. 29 1240
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-217
trunk line of the public safety department or any
other department or bureau of the village, and
I21 or more units -Fifteen (15) no charge then reproduces any prerecorded message to re-
false alarms port any burglary, unauthorized entry or other
Commercial; industrial properties: emergency. Any such alarm system shall be dis-
connected and its use discontinued within sixty
There shall be no charge for a response to the (60) days of enactment of this article Ordinance
first three (3) alarms within the calendar year for 11-93] .
a commercial or industrial property.
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 na charge false alarms within the calen- 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 safoty 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-$1, § 1, 11-12-81; Ord. Na. 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 oath alarm user of the service fee
charges to bo paid within thirty (30) days after All alarms which may be heard in any public
demand. If the alarm user fails to comply with place shall be equipped and maintained to auto-
this notice, the public safety department will matically cut off no longer than thirty (30) min-
notify the village clerk to send notice for the utes after being set off.
alarm user to appear before the code enforcement (Ord. No, 11-81, § 1, 11-12-$1; Ord. No. 11-93, § 1,
board. 4-22-93)
(Ord. No. 11-$1, § 1, 11-12-81; Ord. No. 11-93, § 1,
4-22-93; Ord. No. 26-2003, § 1, 9-25-03}
Sec. 19-217. Enforcement through code en-
Sec. 19-214. Penalty. forcement board.
Any person who shall violate the provisions of The director of public safety may ixvtiate action
this article shall, upon conviction thereof, be before the code enforcement board of the village to
punished as provided in section 1-8 of this Code. obtain compliance with this article. Any notices of
(Ord, No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, appearance before the code enforcement board
4-22-93) shall be sent to both the alarm user and property
Sec. 19-215. Interference with public safety owner, if different, on the authority of the code
department telephone trunk enforcement board through the village clerk s
lines prohibited; alarm busi- office. The board shall have authority to place a
Hess central office required; hen against the property served by the criminal
identification required. detection or fire alarm systems in the amount of
all service charges assessed by the village pursu-
{a) No person shall use or cause to be used a ant to section 19-213 above. Tf the alarm user and
telephone or eloctronic device or attachment that property owner are different, the code enforce-
automatically selects a public primary telephone m ent board shall have authority to proceed against
Supp. No. 29 I241
§ 19-217 NORTH PALM BEACH CODE
the alarm user who receives written notice even present proof to the village in the form of a
though the director of public safety has been returned receipt of such notification to the county
unable to serve notice upon the property owner. department of environmental resources manage-
Tho village may proceed by a suit in a court of went.
proper juriscliction to collect such service fee charge {Ord. No. 22-90, § 1, 6-28-90)
Cross reference-Licenses and miscellaneous business
after demand therefore has been made by the regulations, Cn. 17.
village and the alarm user has failed to pay same
within thirty {30) days after such demand.
{Drd. No. Il-8I, § 1, 11-12-81; Ord. No. 11-93, § 1,
4-22-93)
Sec. 19-218. Exemptions.
This article shall not apply to any alarms
attached to motor vehicles or attached to any
publicly owned property.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
4-22-93)
Sec. I9-219. Alarm user standards.
All alarm systems installed within the village
shall meet or exceed the standards of, and be
' listed, by, Underwriters Laboratory, Inc., and the f
Standards of the National Fire Protection Associ- {
anon.
(Ord. No. 11-81, § 1, I1-12-81; Ord. No. 11-93, § 1,
4-22-93}
ARTICLE XI. WELLFIELD PROTECTION
Sec. 19-220. County wellfield protection or-
dinance adopted by reference.
The village adopts, by reference, the county
wellfield protection ordinance (Ordinance No. 88-
71).
(Ord. No. 22-90, § i, 6-28-90)
Sec. 19-221. Regulation of business activi-
ties with potential to contami-
nate land and water resources.
A business must notify the county department
of environmental resources management of its
intent to use, store and/or dispose of those haz-
ardous or toxic substances cited in the county
wellfield protection ordinance. This requirement
shall be implemented and monitored through the
annual renewal of village occupational licenses.
At the time of annual renewal, the applicant shall
' Supp. No. 29 1242 [The next gage is 1289]
I
PARKS, PLAY~RpUNDS AND RECREATION § 20-61
Sec. 20-32. Form. (5) That the facilities desired have not been
reserved for other use at the day and hour
The permit required by section 20-31 shall be required in the application.
in such form as may be established by the recre- (Cade 1970, § 25-19; Ord. No. 201-69, § 8)
ation director.
(Code 1970, § 25-17; Ord. No. 201-69, § 6)
Sec. 20-35. Appeal from refiasal to issue.
Sec. 20-33. Application.
{a) Within five (5) days after receipt of an
An application for a permit required by section application, the recreation director or village man-
20-31 shall contain the following items: alter shall apprise an applicant, in writing, of his
(1} Tho name and address of the applicant. reasons far refusing a permit required by this
division.
(2) The name and address of the person,
corporation or association sponsoring the (b) Any aggrieved person shall havo the right
activity, if any, to appeal, in writing, within five (5) days to the
(3) The day and hours for which the permit is village council, which shall consider the applica-
tion under the standards set forth in section 20-34
desired. and sustain or overrule the recreation director's
(4) The park or portion thereof for which such or village manager's decision within seven {7)
permit is desired. days.
(5) An estimate of the anticipated often- (c) The decision of the village council shall be
dance. final.
(6) Any other information which the xecre- {Code 1970, § 25-20; Ord. No. 201-69, § 9)
ation director shall find reasonably neces-
sary to afair determination as to whether Sec. 20-36. Revocation.
a permit should be issued.
(Code 1970, § 25-18; Ord. No. 201-69, § 7} The recreation director may revoke a permit
required by this division upon a finding of a
Sec. 20-34. Standards for issuance. violation of any rule, ordinances or provision of
this Code, or upon good Canso shown.
The recreation director or the village manager (Codo 1970, § 25-23; Ord. No. 201-69, § 12)
shall issue a permit under this division when he
finds:
Secs. 20-37-20-60. Reserved.
(1} That the proposed activity or use of the
park will not unreasonably interfere with
or detract from the general public enjoy- ARTICLE III. RECREATION ADVISORY
ment of the park. BOARD=`
(2) That the proposed activity ar use will not
unreasonably interfere with or detract Sec. 20.61. Created.
from the promotion of public health, wel-
fare, safety and recreation. A recreation advisory board (hereinafter re-
{3) That the proposed activity or use is not ferred to as board} for the village is hereby cre-
ated.
reasonably anticipated to incite violence, Ord. No. 5-92, § i, 4-23-92}
crime or disorderly conduct.
*Editor's not~Ordinance No. 5-92, adopted April 23,
(4) That the proposed activity will not entail 1992 did not specifically amend the Codes; hence, inclnsian of
unusual, extraordinary or burdensome ex- I-6 as Art. III was at the discretion of the editor.
pense or police operation by the village. Cross reference
Department of recroation, § 2-11p.
Supp. No. 29 1293
§ 2D-62 NORTH PALM BEACH CODE
Sec. 20-62. Composition; terms; vacancies. Sec. 20.64. Officers' quorum; compensation.
(a} Composition. The board shall be appointed At the first organizational meeting of the board,
by the village council and shall consist of five (5} the members shall elect a chairman, vice presi-
members and two (2) alternates who shall be dent and secretary from among its members.
residents of the village. Subsequent to the initial organizational meeting
where officers are elected the members shall
(b) Term. The initial appointments to the five elect the officers from among its members at the
(5) member board shall take effect upon the first regular meeting in May of each year. The
effective date of this article with the respective presence of three (3) members shall constitute a
terms expiring as follows: quorum and motions shall be approved by a
majority of members present. The members shall
{1) The terms of two (2}members shall expire serve without compensation.
on May 1, 1992. Ord. No. 5-92, § 4, 4-23-92)
(2) The terms of three (3) members shall
expire on May 1, 1993. Sec. 20-G5. Meetings.
(c) Subsequent terms. Upon expiration of the The board shall meet and shall schedule a
terms set forth above, each appointment shall be regular meeting at least once per month. 1n
for two-year terms. Appointments shall hereafter addition, the chairman may call special meetings
be made by resolutions of the village council. and special meetings may be called by written
notice signed by at Ieast three (3) members of the
(d) TTacancies. An appointment to fill any va- board. Minutos sb.all be kept of all meetings.
cancy shall be for the remainder of the unexpired Notice of all meetings shall bo posted in actor- f
term of office. dance with the procedures established by the 4
village council. All meetings shall be open to the
(e) Alternates. The two (2) alternates shall public. The board shall enact or adopt rules for
each serve one (1) year terms. Alternate members the conduct of its meeting. All members shall be
of the board shall be appointed on the same day apprised of the applicability of the "Sunshine
that regular members are appointed. Alternate Law" to the board and its members.
members shall be appointed as first akernate and Ord. No. 5-92, § 5, 4-23-92)
second alternate and shall servo in that order
when required. Sec. 20-66. Duties.
(Ord. No. 5-92, § 2, 4-23-92; Ord. No. 17-95, 1,
2, 6-22-95} {a) The board shall serve in an advisory capac-
ity to the village council and make recommenda-
Sec. 2Q-63. Removal. tions as to present and future recreation activi-
ties, planning, recreation programs, capital
If a member of the advisory board or a desig- improvements and facilities and other matters
noted alternate of the board is absent from three relating to the overall recreational activity of the
(3) regularly-scheduled meetings of the board village other than its waterways. The board is not
within any twelve {12) consecutive month period charged with the duty of ascertaining costs or
without such absence being excused by majority method of implementation of their proposed plans;
vote of the board, the chairman of the board shall however, the board should consider the needs of
promptly notify the village council. The council all residents of the village. The board shall have
may thereafter declare the member's office vacant the power to call upon the village manager, or his
and promptly fill such vacancy for the unexpired designee, for information and advice. The board's
term of office. recommendations to the village council shall be in
(Ord. No. 5-92, § 3, 4-23-92; Ord. No. 18-2001, § 4, writing and shall state the basis or reasons for
8-28-01) such recommendations.
Supp. Na. 29 1294
PARKS, PLAYGROT.]NDS ANJa RECREATION § 20-66
(b) The board shall also perform any other
duties which may be assigned to it by the village
council and the board shall act within thirty (30)
days of the date of reference, unless the village
council otherwise states.
(Ord. No. 5-92, § 6, 4-23-92; Ord. No. 27-98, § 1,
12-10-98; Ord. No. 23-2004, § 1, 8-12-04)
[The next page is 1343]
Supp. No. 29 1295
i
i
PLANNING AND DEVELOPMENT § 21-21
The village council shall hold a public hearing nation made by an administrative official
thereon, with due public notice, if any change is to in the enforcement of any zoning ordi-
be considered and shall then act on the proposed nance or regulation adopted pursuant to
change. If the recommendation of the planning this part.
commission is adverse to the proposed change,
such change shall not become effective except by (2) Variances:
an affirmative vote of a majority of the entire a. To authorize upon appeal such vari-
membership of the village council, after due pub- once from the terms of the ordinance
lic notice. as will not be contrary to the public
(Ord. No. 4-78, § 2, 3-23-78; Ord. No. 4-86, § 3, interest when, owing to special con-
4-24-86) ditions, a literal enforcement of the
provisions of the ordinance would
Secs. 21-].3 21-20. Reserved. result in unnecessary and undue
hardship. Tara. order to authorize any
variance from the terms of the ordi-
ARTTCLE III. BOARD OF ADJUSTMENT nance, the board of adjustment must
find:
Sec. 21-21. Composition; conduct generally. 1. That special conditions and cir-
{a) Created. A board of adjustment for the cumstances exist which are pe-
village is hereby created. culiar to the land, structure or
building involved and which are
(b) Membership; terms; alternates; compensa- not applicable to other lands,
tion. The board of adjustment shall consist of five structures or buildings in the
(5) persons who shall serve for three-year terms same zoning district;
and two (2) alternates who shall serve for one- 2. That the special conditions and
year terms. At the first appointment of members circumstances do not result from
to the board of adjustment, two (2} regular mem- the actions of the applicant;
bers shall be appointed for a term of three {3)
years, two {2) regular members shall be appointed 3• That granting the variance re-
for aterm of two (2) years, and one {1) regular quested will not confer on the
member shall be appointed for a term of one {1) applicant any special privilege
year. Thereafter, each appointment shall be fora that is denied by the ordinance
three-year term. All terms shaIl take effect on the to other lands, buildings or
first day of May of each year. Alternate members structures in the same zoning
of the board of adjustment shall be appointed on district;
the same day that regular members are ap- 4. That literal interpretation of
pointed. Alternate members of the board of ad- the provisions of the subject
justment shall be appointed as first alternate and ordinance would deprive the ap-
second alternate and shall serve in that order plicant of rights commonly en-
when necessary The members shall serve at the joyed by other properties in the
pleasure of the village council. Members shall same zoning district under the
serve without compensation. The board of adjust- terms of the ordinance and
went shall meet as often as the demand necessi- would work unnecessary and
totes. undue hardship on the appli-
cant;
(c) Powers, duties. The board of adjustment
shall have the following powers and duties: That the variance granted is
the minimum variance that will
(1} Appeals. To hear and decide appeals when make possible the reasonable
it is alleged that there is error in any use of the land, building or struc-
order, requirement, decision or determi- furs;
Supp. No. 29 1347
I~ 21-21
§ NORTH PALM BEACH CODE /
14 Il
I 6. That the grant of the variance have all the powers of the officer from whom the
will be in harmony with the appeal is taken. The concurring vote of a majority
general intent and purpose of of all the members of the board shall be necessary
the ordinance and that such to reverse any order, requirement, decision ar
variance will not be injurious to determination of any such administrative official
the area involved or otherwise or to decide in favor of the applicant on any
detrimental to the public wel- matter upon which the board is required to pass
fare. under any such ordinance.
b. In granting any variance, the board (e) Appeals to board from decision of adminis-
of adjustment may prescribe appro- tratiae official. Appeals to the board of adjust-
priate conditions and safeguards in ment may be taken by any person aggrieved or by
conformity with this part [chapter] any officer, board ar bureau of the governing body
and any ordinance enacted under its affected by any decision of an administrative
authority. Violation of such condi- official under any zoning ordinance enacted pur-
tions and safeguards, when made a suant to this part. Such appeal shall be taken
part of the terms under which the within thirty (34) days after rendition of the
variance is granted, shall be deemed order, requirement, decision or determination ap-
a violation of the ordinance. pealed from by filing with the officer from whom
c. The board of adjustment may pre- the appeal is taken and with the board of adjust-
scribe areasonable time limit within ment a notice of appeal specifying the grounds
which the action for which the vari- thereof. The appeal shall be in the form pre-
ance is required shall be begun or scribed by the rules of the board. The administra-
completed or both. tive official from wham the appeal is taken shall,
upon notification of the filing of the appeal, forth-
d. Under no circumstances, except as with transmit to the board of adjustment ail the ~
permitted above, shall the board of documents, plans, papers or other materials con-
adjustment grant a variance to per- stituting the record upon which the action ap-
mit ause not generally permitted in pealed from was taken.
the zoning district involved or any
use expressly or by implication pro- (f) Stay of work and proceedings on appeal. An
hibited by the terms ofthe ordinance appeal to the board of adjustment stays all work
ixx the zoning district. No nonconform- on the premises and all proceedings in further-
ing use of neighboring lands, strua- once of the action appealed from, unless the
tures or buildings in the same zoo- official from whom the appeal was taken shall
ing district and no permitted use of certify to the board of adjustment that, by reason
lands, structures or buildings ixi other of facts stated in the certificate, a stay would
zoning districts shall be considered cause imminent peril to life or property. In such
grounds for the authorization of a case, proceedings or work shall not be stayed
variance. except by a restraining order which may be granted
by the board of adjustment ar by a court of record
{d) Review of administrative orders. In exercis- on application, on notice to the officer from whom
ing its powers, the board of adjustment may, upon the appeal is taken and on due cause shown.
appeal and in conformity with provisions of this
Ichapter], reverse or affirm, wholly or partly, or {g) Hearing of appeals. The board of adjust-
may modify the order, requirement, decision or went shall fix a reasonable time for the hearing of
determination made by an administrative official the appeal, give public notice thereof, as well as
in the enforcement of any zoning ordinance or due notice to the parties in interest, and decide
regulation adopted pursuant to this part, and the same within a reasonable time. Upon the
may make any necessary order, requirement, de- hearing, any party may appear in person, by
cision or determination, and to that end shall agent or by attorney. Appellants may be required
Supp. No. 29 1348
PLANNING AND DEVELOPMENT § 21-44
to assume such reasonable casts in connection (b) Establishment of management/monitoring
with appeals as may be determined by the gov- and regulatory program. This objective is accom-
erning body through action in setting of fees to be plished by:
charged for appeals.
(1) Establishing a management and monitor-
(h) Judicial review of decisions of board. Any ing system to evaluate and coordinate the
person or persons, jointly or severally, aggrieved timing and provision of the necessary
by any decision of the board of adjustment, ar any public facilities to service development,
officer, department, board, commission or bureau and
of the governing body, may apply to the circuit
court in the judicial circuit where the board of (2) Establishing a regulatory program that
adjustment is located for judicial relief within ensures that each public facility is avail-
thirty (30) days after rendition of the decision by able to serve development concurrent with
the board of adjustment. Such an appeal shall not the impacts of development on the public
be a hearing de novo, but shall be limited to facilities, or that dovelopment orders are
appellate review of the retard created before the conditioned on the availability of public
board of adjustment. facilities to serve the development cancur-
(Ord. No. 6-T7, § 3, 4-28-77; Ord. Na. 4-86, § 4, rent with the impacts of development on
4-24-86; Ord. No. 19-2004, § 1, 7-22-04) the public facilities.
Secs. 21-22-21-40. Reserved. (c) 1Vlinimum requirements. The provisions of
this article in their interpretation and application
are declared to be the minimum requiremonts
ARTICLE IV CONCURRENCY necessary to accomplish the stated intent, pur-
MANAGEMENTk poses, and objectives of this article.
(Ord. No. I6-90, § 2, 6-28-90)
Cxoss xefexence-Adoption of comprehensive plan, § 21-
Sec. 21-41. Short title. 01
This article shall be known and may be cited as
"The Village of North Palm Seach Adequate Pub- Sec. 21-44. Definitions.
lit Facilities (Concurrency) Ordinance."
(Ord. No. 16-90, § lA, 6-28-90) [The following words, terms and phrases, when
used in this article, shall have the meanings
Sec. 21-42. Application. ascribed to them in this section, except where the
context clearly indicates a different meaning:]
This article shall apply to all developments in
the total incorporated area of the village. Adequate public facilities determination means
(Ord. No. 16-90, § 1B, 6-28-90) a determination approved by the director of public
services, pursuant to the terms of this article,
Sec. 21-43. Intent and purpose. that serves as a conditional statement that, based
upon existing public facility capacity and planned
(a) Implementation of comprehensive plan. This public facility capacity, adequate public facilities
article is intended to implement and be consistent are thought to be available to serve development
with the village comprehensive plan, F.S. chapter at the time of the approval of the adequate public
163, and rule 9J-5, F.A.C., by ensuring that all - facilities determination. A subsequent application
development in the village is served by adequate for a development permit for development that
public facilities. has been approved based upon adequate public
Editor's note-Ordinance No. 16-9U, adopted Tune 28, faczhties determination shall be required to re-
1990, did not specifically amend this Code; hence, inclusion of ceive a never adequate public facilities determina-
1-~ as Art, lU, 21-41-21-46, was at the discretion ofthe Lion, or certificate of concurrency reservation,
editor. whichever is appropriate.
5upp. No. 29 1349
§ 21-44 NORTH PALM BEACH CODE r
' Application for development permit means an concurrency reservation was approved has not
application submitted to North Palm Beach re- expired, and the development is not altored to
questing the approval of a development permit. increase the impact of development on public
Capital improvement element means the capi- facilities.
tal improvement element of the North Palm Beach Comprehensive plan means a plan that meets
comprehensive plan adopted November 9, 1989 the requirements of F.S. sections 163.3177 and
pursuant to F.S. chapter 163. 163.3178, and shall mean the Village of North
Capital recreation and open space facilities Palm Beach. Comprehensive Plan, as amended,
means the planning of, engineering for, acquisi- where referenced in this article.
tion of land for, or construction of buildings and
park equipment necessary to LOS for capital Conditional certificate of concurrency reserva-
recreation and open space facilitios. tian means an application for a certificate of
concurrency reservation considered in conjunc-
Capital road facilities means the planning of, tion with a development agreement that is condi-
engineering for, acquisition of land for, or construe- tionally approved by the building official pursu-
tivn of roads on the major road network system ant to the terms of this article as a conditional
necessary to meet the LOS for capital road facil- certificate of concurrency reservation. A condi-
ities. tinnal certificate of concurrency reservation shall
Capital potable water facilities means the plan- be approved, if it is demonstrated that:
ning of, engineering for, acquisition of land for, or (1) Existing available public facility capacity
construction of potable water facilities necessary up to an amount sufficient to serve the
to meet the LOS for capital potable water facili- proposed development has been reserved;
ties.
Capital sanitary sewer facilities means the There is reasonable likelihood that the
balance of the public facility capacity
planning of, engineering for, acquisition of land Hooded for the proposed development can
far, or construction of sanitary sewer facilities be provided pursuant to a development
necessary to meet the LOS for capital sanitary
agreement; and
sewer facilities.
Capital solid waste facilities means the plan- (3) A request has been made for consider-
ning of, engineering for, acquisition of land for, or anon and approval of a development agree-
construction of solid waste facilities necessary to went concurrent with the application for
meet the LOS for capital solid waste facilities. development permit to accommodate the
balance of public facility capacity needs
Capital storm drainage facilities means the for the proposed development.
planning of, engineering for, acquisition of land
for, or construction of storm drainage facilitios Developer means any person, including a gov-
necessary to meet the LOS for capital storm ernment agency, undertaking any development as
drainage facilities. defined in this article.
Certificate of concurrency reservation means a Development has the meaning given it in F.S.
certificate approved by the director of public set- chapter 3$0.
vices pursuant to the terms of this article that
constitutes proof of adequate public facilities to Development agreement means an agreement
serve the proposed development. A subsequent enterod into between a Local government and a
application for a development permit for develop- porson associated with the development of land,
ment for which a certificate of concurrency reset- including, but not limited to, development agree-
vatian has been approved, shall be determined to menu pursuant to F,S. chapter 163, or an agree-
have adequate public facilities as Long as the meet on a dovelopment order issued pursuant to
development order for which the certificate of F.S. chapter 380.
Supp. No. 29 1350
PLANNING AND DEVELOPMENT § 21-44
Development order means any decision by the
village council or appropriate village staff grant-
ing, denying or granting with conditions a devel-
opment permit in response to an application.
Development permit includes any rezoning, spe-
cial permit, site plan, subdivision plat, building
permit, or any other official action o£ the village
regarding the development of land.
Level of service (LOS) means an indicator of the
extent ar degree of service provided by, or pro-
posed to be provided by a public facility based on
and related to the operational characteristics of
the public facility.
$upp. No. 29 135x,1
SWIMMING POOLS § 25-35
ARTICLE I. IN GENERAL* poured after laying up, reinforced gunite construc-
tion, or fiberglass. Product approval is required
Sec. 25-1. Definitions, by an approved testing agency for fiberglass pools.
As used in this chapter, the fallowing words (Ord. No. 22-2002, § 1, 7-11-02; Ord. No. 21-2004,
and phrases shall have the meaning indicated: § 2, $-12-04}
Private therapeutic spa pool means any recep- Sec. 25-5. Barrier/fencing requirements.
tacle for water having a depth at any point (a) A barrier, fence or screen enclosure shall
greater than two (2) feet, used ar intended to he surround a swimming pool as specified in the
used for bathing, and constructed, installed or Residential Swimming Pool Enclosure section of
maintained in or above ground as an accessory the Florida Building Code.
structure. A spalpool shall have a surface area of
less than sixty (60) square feet. (b} The building official is required to conduct
an inspection of all swimming pools not less than
Private swimming pool. As defined in the Flor- one time per year to determine compliance with
ida Building Code. this section and to enforce the provisions of this
(Ord. No. 22-2002, § 1, 7-11-02) section.
(Ord. No. 22-2002, § 1, 7-11-02)
Sec. 25-2. Setbacks.
All village zoning setback requirements shall Sec. 25-6. Elevation.
be complied with in the plot location of any pool (a) The tap of the rim of all swimming pools
but in no event shall the setback of the outside shall not be in excess of two (2} feet above the
rim of a private pool be less than seven and one average grade of the land surrounding the pool.
half (7 112) feet from the back property line and (b) The top of the rim of any spa pool shall not
not less than five (5) feet from the side property
line, including a two and one half (2 1/2) foot walk be in excess of two {2) feet above the average
around the pool. grade of the land surrounding the pool or a
{Ord.. No. 22-2002, § 1, 7-11-02) permanent platform constructed completely around
the rim of the spa pool. Tho maximum height of a
Sec. 25-3. Permits, spa pool above the grade of the land surrounding
the pool shall be four (4} feet.
Applications for swimming pool permits shall {Ord. No. 22-2002, § 1, 7-11-02)
be accompanied by payment of a fee in accordance
with village ordinances, and by plans and speci- Sec. 25-7. Final approval.
fications prepared by a competent engineer regis- A final approval by the building official shall be
tered in the State of Florida. The design of fiber- issued prior to any use made of a swimming pool.
glass pools shall specifically address uplift. (Ord. No. 22-2002, § 1, 7-ll-02}
(Ord. Na. 22-2002, § 1, 7-11-02; Ord. Na. 21-2004,
§ 1, 8-12-04) Secs. 25-5-25-22. Reserved.
Sec. 25-4. Construction.
Private and public pools shall be constructed of ARTICLE II. RESERVED'
reinforced concrete, concrete block roinforced and Secs. 25-23-25-85. Reserved.
*Editor's note-Ord. No. 05-2002, § 7, adopted Fab. 28,
2002, repealed ch. 25, art, 1, 25-1 25-11, in its entirety.
Ord, No. 22-2002, § 1, added 25-1-25-7 to read as herein 1'Editor's note--Ord. No. 05-2002, § 7, adopted Feb. 28,
sat out. Prior to anlondment 25-1-25-ll, pertained to 2002, repealed ch. 25, art. II, § § 25-23 and 25-24, in their
similar subject matter and derived from Code 1970, 37-1, entirety. Foz'imer art. II, pertained to Construction Permits
37-2, § 37-19-37-25, 37-27; Ord. No. 16-73, § 1; and Ord. No. and derived from Oode 1970, § 37-11, 37-12; and Ord. No.
16-79, 1-6, adapted July 12-1979. 16-79, § 7, adopted July 12, 1979.
Supp. No. 29 1575
§ 25-36 NORTII PALM BEACH CODE
ARTICLE III. RESERUED* 1
Secs. 25-36-2~-38. Reserved.
C
Editor's note-Ord. No. 45-2402, § 7, adopted Feb. 2$
2442, repealed ch. 25, art. III, § § 25-36 and 25-3$, in their
entirety. Former art. TII, pertained to Public and Private Pools
and derived from Code 1970, 37-28-37-30; and Ord. No.
16-79, § S, adopted July 12, 1979.
Supp. Na. 29 1576 LThe next page is 1627]
APPENT)IX B-SLTB]~IVISIOIVS § 36-22
able intersection separation of one hun- provided with a temporary cul-de-sac turn-
dred fifty (150} feet. around. The developer of the adjoining
{5) Minimum street design specifications. All area shall pay the cost of restoring the
streets to be established in a subdivision street to its original design cross-section
shall be designed in accordance with the and extending the street.
following minimum specifications: (8) Half streets. Half streets shall be prohib-
Collector Local Marginal ited, except that where a previously plat-
street street Access tea half street, improved or unimproved,
abuts a tract to be subdivided, the second
Minimum right- 80 ft. 60 ft. 40 ft. half of the street shall be platted within
of--way the tract being subdivided and the entire
Percent grade of street shall be improved when and as
roadway center required in Article N of these regula-
line: tions.
Minimum 0.30%o 0.30%o 0.30% (9} Street names. Street names shall not be
used which will duplicate or be confizsed
Geometric design shall comply with the latest
AASHTO requirements. with the names of existing streets, except
that new streets which are an extension
(6) Culs-de-sac, of or in alignment with existing streets
(a) Cols-de-sac shall be provided with a shall bear the same name as that borne by
turnaround having an outside road- such existing streets. The names of all
way diametor of at least eighty (80) courts and circles shall not duplicate those
feet, and a street property line diam- of streets.
eter of at least one hundred (100)
feet. Culs-de-sac shall havo a mini- Sec. 36-20. Alleys.
mum length of two hundred (200) In singlo-familyresidential districts, alleys shall
feet including the turnaround. be discouraged. When provided in any district,
(b) Dead-end roads and streets may be alleys shall have a minimum right-af--way width
as long as necessary to properly serve of twenty (20) feet.
narrow island or narrow peninsulas
boundod by watercourses, canals or Sec. 36-21. Sidewalks.
other bodies of water the crossing of
which would require a bridge; and Where provided, sidewalks shall be designed
dead-end roads and streets may bo as an integral part of the total circulation system
as long as necessary to serve pxop- and shall be located within the street right-of--way
erly other narrow land aroas formed or common open areas.
by such water or waterways in com-
bination with permanent obstruc- Sec. 36-~2. Easements and rights-of--way.
tions such as railroads, sewage treat-
ment plants, limited access highways Easements for utilities including water, sewer,
and the like. electric, CATV, telephone and gas, and drainage
easements, shall be provided as follows:
{7) Street access to adjoining property. Street
stubs to adjoining unplatted areas shall {a) Utilities. Utility easements centered on
be provided at intervals of not over one- lido or rear lot lines shall be provided
quarter mile when required to givo access where deemed necessary, and shall be at
to such areas or to provido for proper least fifteen (15) feet in width. Additional
traffic circulation. Street stubs in excess width maybe required for sewer or drain-
of two hundred fifty (250) feet shall be age easements. Side lot line easements
Supp. No. 29 2367
§ 36-22 NORTH PAi~M BEACH CODE
maybe decreased to ten (10} feet in width to the fair market value of the required land, said
when serving a single electric or tehe- fair market value to be appraised on the basis of
phone utility. the value of platted land without improvements.
(b} Drainage. Where a proposed subdivision if the village council elects to require a devel-
is traversed by or abuts a watercourse, aper to pay in cash an amount equal to the fair
drainage way or stream, there shall be market value of the required Iand, such cash
provided a stormwater or drainage right- contribution shall be utilized for parks and recre-
of-way which shall confoxm substantially ational purposes as determined by the village
with the limits ofsuch watercourse, drain- council.
a e wa canal ox stream and such fur- {Ord. No. 3-91, § 1, 1-24-91; Ord. No. 06-01, § 5,
g y' -22-01. Ord. No. 29-2004 X 10-28-04
3 ~ )
ther width or construction, ar both, as will
be adequate for the purpose. Where a Sec. 36-24. Access to v~rater bodies.
drainage way or canal is required to be
constructed, right-of--way approved as ad- (a) Whenever a subdivision is situated with a
equate by the village engineer shall be property frontage of one thousand (1,000) feet or
provided for maintenance purposes. Par- more abutting the shoreline of an ocean, gulf, lake
allel streets or parkways maybe required or navigable waterway, the subdivider shall gro-
in connection therewith. No open drain- vide adequate public access to the shoreline at
age ditches shall be permitted within any intervals that average not more than one thou-
subdivisionboundaries. Storm sewers shall sand (1,000) feet by designation of public access
be covered and open ditches may be per- easements having widths not less than twenty-
mitted across undeveloped land only as five (25) feet. These easements are to be improved
an outlet into an established watercourse, by the subdivider as approved by the planning
if aright-of--way is provided. See section commission.
36-31(e). {b) The village council may require that the
{c) Access waterways. Waterways which are subdivider shall perpetually maintain said public
constructed or improved for the purpose access easements by tho creation of a trust fund to
of providing access by water to lots within bear cost of same or some other such provision
a subdivision shall have a minimum right assuming perpetual care. The village council may
of-way width of eighty (80) feet. (See sec- impose any condition or restriction it deems in the
tian 36-31(e). public interest upon any public access easement it
may require under this ordinance including re-
strictions of improvements placed thereon.
Sec. 36-23. Public sites and open spaces.
Sec. 36-25. Subdivision entrances.
Where a proposed school site, park, playground Areas for subdivision entrances may bepermit-
or other public area shown on the adopted village ted in all subdivisions whether residential, com-
plan is located in whole or part within the pro-
posed subdivision, such sites shall be indicated on mercial or industrial. In the event such entrance
the preliminary plat. As a condition for the ap- areas are authorized, the village council may
proval of the preliminary plat, the governing body require that the subdivider shall perpetually main-
shall require the dedication to the public of such twin said entrance areas by the creation of a trust
reasonable portions of such public sites as axe fund to bear cost of same or some other such
attributable b the villa e to the demand created Provision assuming perpetual care. The village
y g council may impose any condition or restriction it
by the subdivision. In any event, a minimum of
five (5) percent of the gross Iand area of the deems in the public interest upon any entrance
subdivision shall be dedicated to public use. At area it may authorize under this ordinance, in-
the discretion of the villa a council the develo ex chiding restrictions of improvements placed
g ~ P
may be required to pay in cash an amount equal thereon.
Supp. No. 29 236$
APPENDIX ~ZOI~IINC § 45-34
or professional office (excluding the 6. Exterior lighting fixtures shall not exceed
on-site management office for the twenty-five (25) feet in height; shall be
self-storage facility}, directed away from adjacent properties;
(e) A minimum of one thousand (1,000} shall confine Tight to the site only; and
feet separation from property line to shall not exceed when measured at any
the closest adjacent property line property line, the following illumination:
shall be required between limited (a) One hundred (100} foot-candles within
access self-storage facilities. display areas.
C. Use and operating restrictions. Every tom- (b) Forty (40)foot-candles within all ar-
mercial use located within the C-2 commercial eas.
district shall be so operated as to comply with the (c) After 11:00 p.m., the illumination in
following performance standards: display areas shall be reduced to
fifty (50) foot-candles.
1. No industrial equipment or vehicles shall
be sold, leased, rented or otherwise stared No outdoor speakers or public address
within the C-2 district. For purposes herein, systems that are audible from the exterior
industrial equipment is defined as equip- of the site shall be permitted.
went used primarily for purposes other g, Customer parking shall bo marked with
than transportation or hauling. Trucks an above grade sign and shall be physi-
ather than pickup trucks, vans and jeeps tally separated from tho vehicle sales,
shall be displayed in areas separated from storago and display area. This barrier
a public right-of
way by a building, may be in the form of a landscape strip,
2. No vehicle shall be parked far display curbing or removable bollards.
purposes with its hood or trunk open, nor 9. The height of buildings, the site area of
elevated off the ground in any way. Vehi- buildings, yard spaces, and floor aroa rog-
cles shall not be parked in any right-of- ulations in the C-2 zoning district shall be
way or driveway. the same as requirod in the C-1 noighbor-
3. Advertising, flags, pennants, streamers, hood commercial district, with the follow-
balloons, signs or vehicle stock numbers ing exception: Limited access self-storage
shall not be displayed on any vehicle or facilities shall be limited to a maximum of
three (3) stories in height.
equipment. Similar objects or advertising
designed to attract the public's attention 10. With the following o~cceptions, off street
shall not be displayed outdoors on any lot, parking regulations shall be the same as
building, vehicle or equipment. far the C-1 neighborhood commercial dis-
trict:
4. Any areas designated for the off-loading
of vehicles or for loading and deliveries (a) Full-service automotive dealerships,
shall be located to the roar of buildings Customer and employeo parking re-
and shall be located so as to contain noise quirements; One (1) space for each
on-site. These areas shall not be located five hundred {500) square feet en-
closer than one hundred (1.00) feet from closed floor area, plus one (1) space
any residentially-zoned lot and shall be per each four thousand five hundred
appropriately designated, marked and (4,500} square feet of outdoor sales
signed. display and rental area, plus one (1}
space per service bay, plus one (1)
5. Dealers are prohibited from using streets space per employee of the shift of
in a residential zone for the testing of largest employment. Parking for ve-
vehicles after servicing and for the dem- hicle storage, sales or display xnay
onstration of vehicles. not be counted toward meoting tho
a'~pp. No. 29 2504.1
§ 45-34 NOl?.TH PALM BEACH CODE
number of required off-street park- the repair, cleaning, or rental of items
ing spaces or to be provided for cus- weighing less than one hundred (100)
Comers and employees. pounds.
(b) Limited access self-storage facilities, g. Restaurants and other establish-
one (1) space for each two hundred ments where food and/or beverages
{200} storage units plus five {b} cus- are prepared and served.
tourer parking spaces. h. Retail sale of new or antique mer-
(Ord. No. 32-97, § 1, 7-10-97; Ord. No. 18-98, § 1, chandise that is displayed indoors
8-13-98; Ord. No. 14-2004, Z-3, 7-8-04) only, whether in freestanding build-
ings ar in a centrally managed shop-
See. 45-34.1. C-3 xegional business district. ping confer or enclosed mall.
The C-3 xegional business district is designed i. Theaters and other entertainment
for the xe-use and/or redevelopment of commer- facilities including nightclubs, game
cial property. It contains special regulations and rooms, bawling alleys, and similar
procedures that are integrated with those of the establishments, provided they are
Town of Lake Park to avoid conflicts that could fully enclosed and provided such uses
otherwise be created by the location of the town/ shall not include adult entertain-
village boundary. Within C-3 business districts, meat establishments.
the following regulations shall apply:
(2} Off-street parking. All proposed land uses
(1) Uses permitted. Within the C-3 zoning shall provide a sufficient number of park-
district, no building, structure, land, or ing spaces to accommodate the number of
water shall be used, unless otherwise per- vehicles that can be expected to be at-
mitted by these regulations, except for trotted to that use. Individual land uses l
any combination of the following pur- can provide at least the number of spaces
poses: listed below on the same parcel of land as
a. Banks, savings and loans, stockbro- the principal building (or on an adjoining
parcel under identical ownership) in lieu
kers, and similar f nanczal institu-
tions. of using the parking space standards found
elsewhere in this Code. However, certain
b. Business offices, including medical land uses may require less parking; and
and professional services, combinations of land uses may be able to
c. Community residential homes, sub- reduce the total number of spaces by
ject to the same requirements as shaxing those spaces during differing peak
apply in the R-2 zoning district, and hours or because of pedestrian traffic or
family day care centers as defined in multi-purpose trips. Modified standards
Chapter 402, Florida Statutes. may be approved if fewer spaces will
d. Hotels, motels, andtime-share units. accommodate the number of vehicles that
can be expected to be attracted to that use
e. Multi le-family dwellings (each build-
p (or combination of uses) at the proposed
ing containing three (3) or more units) location. Such a modification ma be made
Y
and customary accessory uses, sub- on individual parcels of land (or adjoining
'ect to an limitations on residential
J Y
parcels under identical ownership) by the
uses in the adopted Comprehensive building official when permitted by con-
Plan. sensus national codes or standards or
£ Personal services typically offered in after submission of persuasive technical
conjunction with shopping facilities, evidence (such as publications of the In-
such as laundromats, dry cleanexs, stitute of Transportation Engineers (ITE)).
barber and beauty shops, child care Modifications that involve shared parking
facilities, health clubs, and shops for on parcels of land that are not under
Supp. No. 29 2504.2
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following tho text of references to the state law or related matters.
Section Section
Section this Code Section this Code
1.01 27-31 ch. 177 App. B, Art. I,
1.01 et seq. 1-2 § 36-2
ch. 22F App. B, Art. II, App. B, Art. II,
§ 36-10 § 36-8
ch. 39 App. C, § 45-2 App. B, Art. II,
Ch. 50 2-181 § 36-15
50.041 2-1$1 App. B, Art. N,
50.051 2-181 § 36-27
55.03 29-5(a) 185 2-167
ch. 98 Ch. 10 185.08 26-16
ch. 101 10-7 202.195 29-8(m)
101.657 10-13 203.012 26-51, 29-3
112.181 2-161(e)(9} 29-5(b)
161.55(1)(d) 6-156 203.012(5)(b) 26-51
161,441 6-153 ch, 205 Ch. 17, Art. II
161.053 6-154 205A43{2),
162.12(2) 2-180 205A43(3) 17-24, 17-25
205.053 17-20
ch. 163 12.5-1 205.192 17-22
21-1 210.03 17-33
21-ll ch. 212 26-53
21-43, 21-44 ch. 252 Ch. 8
App. B, A~~E. I, 8-4(a)C2)
§ 36-2, App. B, Art, 252.38 et seq. 8-6
I, § 36-4 253.125 7-19
App. B, Art. II, 280.02 2-4(f7
§ 36-1fi Ch. 316
App. B, Art. VI 18-20
163.01 2-4(f} 316.008 Ch. 18
163.161 et seq. 21-01 316.272 19-117
ch. 163.170, 316.293 19-117
App. B, Art' II, 316.1955, 316.1956 18-37
§163.3164(17) § 36-10
163.225(3)(a~-(c) 5-86 320.01(1) 14-37
163.295 6-150 ch. 327 Ch.5
335.065 App. B, Art. 1V,
163.3161 et seq. Ch. 21, Art. II § 35-29.1
163.3177 21-44 337,29 29-2
163.3178 6-155 337.401 29-2, 29-3
ch. 166 6-16 29-6(a)
Ch. 24 337.401(3) 28-3
Ord. No. 2478 § 3 $37.403, 337.404 29-7
166.021 Ch. 17, Art. Ii 342.03 Ch. 5
166.221 17-34 862.01 29-2
166.237. Ch. 26, Art. III 364.02 29-3
ch. 170 21-2 ch,373 19-200
170.01 Gh.24 ch. 380 21-44
ch. 175 2-167 App. B, Art. II,
175.101 26-17 § 36-10
Supp. Ivo. 29 2819
NORTH PALM BEACH CODE
Section
Section this Code
350.04 21-103
393 App. C, § 45-2
ch. 394 App. C, § 45-2
ch. 404 App, C, § 45-2
ch. 401 11.5-21
ch. 402 App. C, § 45-2
App. C, § 45-34.1
402.3D2(4),
402.302(5) 17-33
413.08 4-27(d)
ch. 419 17-33
App. C, § 45-2
471.003 29-8(c)(1)
ch. 472 App. B, Art. I,
§ 36-6
ch. 480 App. C, § 45-2
ch. 495 1-10
ch. 553 6-16
553.73 6-154
11-11
553.73(2) fi-2
561.01 3-1
561.01 et seq. Ch. 3
563.01 3-1
564.Oi 3-1
565.01 3-1
628.901 29-12(d)
633.35 2-159
fi33.025 12-1fi
633.0215 12-16
ch. 650 Ch. 2, Art. V, Div, 2
2-136
650A2 2-136
658.12 2-4(q)
ch. 760 App. C, § 45-2
768.28 29-12(d)
775.082, 775.083 2-169(f7
ch. 847 App. C, § 45-20
870.041 8-21
870.44 8-22
870.45 8-22
872.05 2-104
943,14 2-159
943.25(1.3) 1-9
[The next page is 2869]
Supp. No. 29 2$20
CODE COMPARATIVE TABLE
Adoption Section
Ord. No. Date Section this Cade
14-2003 5- 8-03 1 Added 18-20
23-2003 9-11-03 1 15-2{307.4)
2 Added 15-2{101.3.4)
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- 9-03 1 5-84{6}, (8), (10)
2 Rpld 5-72
28-2003 10- 9-03 1 26-29
2 26-30
3 26-31
29-2003 1D-23-03 1 17-33
35-2003 12-11-03 1 2-148{a}
2 2-158{b}
3 2-158{c)
02-2004 1-22-04 1 4-27{b)
03-2004 2-26-04 1 18-20{a)
06-2004 4- 8-04 1-7 Added 2-51
2-57
14-2004 7- 8-04 1-3 App. C, § 45-34
16-2004 7-22-04 1 Added 2-I48{g}
2 Dltd 2-158(d)(4)
17-2004 7-22-04 1 19-211
18-2004 7-22-04 1 Added 5-1025-1Ofi
19-2004 7-22-D4 1 21-21{}z)
21-2004 $-12-04 1, 2 25-3, 25-4
23-2004 8-12-04 1 20-66(a)
27-2004 10-14-44 1, 2 Rpld 10-11, 10-12
29-2004 10-28-04 1 36-23
36-2004 12- 9-D4 1, 2 2-115,2-116
O1-2005 1-27-D5 1 2-52
02-2005 1-27-05 1 Added 10-13
[The next page is 2933]
Sazpp. No. 29 2889
l
CODE INDEX
Section Section
BLOCKS BOATS, DOCKS AND WATERWAYS (Cont'd.)
Subdivision design standards 36-18 Docks and piers
Coneta.•uction in waters other than
BOARDS, COMMITTEES AND COMMIS- Lake Worth and Atlantic Ocean,
STONS. See: DEPARTMENTS AND regulations governing 5-84
OTHER AGENCIES OF VILLAGE Definitions 5-81
Generally 5-82
BOATS, DOCKS AND WATERWAYS Lake Worth and Atlantic Ocean, reg-
Abandoned boats 5-8 ulations govorning construction
Anchoring and mooring in 5-85
Limitation on anchoring and mooring in Minimum design requirements...... 5-83
prohibited area; mooring permit Variances 5-56
required 5-17 Erosion control structures
Unlawfully anchored or moored vessels Construction 5-95
Claiming ofvessel by owner; payment Control 5-96
of costs 5-22 Definitions 5-93
Department of public safety to im- Permitted, when 5-94
pound 5-18 Piers. See within this subheading: Docks
Owner to be notified upon impound- and Piers
ment 5-19 Seawalls, See within this subheading:
Procedure in event owner cannot be Bulkheads and Seawalls
found 5-20 Definitions 5-1
Reclamation of owner after sale..... 5-23 Disturbing other boats 5-6
Unclaimed vessel to be sold; certifies- Exhibition boats exempted from certain
tion of sale 5-21 restrictions........................ 5-4
Use of vessel for dwelling purposes in Flood damage prevention provisions...... 12.5-1 et seq.
prohibited axes 5-24 See: FLOOD DAMAGE PREVENTION
Authority o£ city to hoard boats vielating Fueling of marine craft 5-25
5-16 Health and sanitation requirements
provisions
Boat launching area Cleanliness of docks 5-11
Abandoned boats and equipment Observance of village hes_lth and con-
duct rules 5-10
Disposition 5-36
Recover Pollution of waterways 5-13
y 5-37
Designated; use restricted 5-33 Refuse disposal....................... 5-12
Permits required 5.35 Living aboard boats restricted 5-15
Marine sanctuaries
Repairs prohibited 5-34 Designation of waters as marine sanctu-
Bulkhead lines 7-1 et seq. aries
Seo: BULKHEAD LINES Area to be regulated 5-101(c)
Coastal construction code 6-151 et seq. Areas designated 5-101(b)
See: COASTAL CONSTRUCTION CODE Construction of provision 5-101(d)
Code enforcement board, applicability re.. 2-173 De$nition . 5-101(a)
Construction requirements Mooring, docking, or beaching of boats on
Bulkheads and seawalls public or private property without
Compliance with provisions required 5-69 permission 5-9
Inspection required 5-73 Parking
Permit fee 5-72 Boating equipment; parking on residen-
Specifications 5-71 tial property restricted........... 18-35
Submission of plans and specifics- Prohibited parking upon zZght-of
way of
tions 5-70 specific roadways................ 1$-34.1
Canals Running engines, hours in residential dis-
Canal crossings 5-60 trios........... 5-14
Compliance with provisions required 5-56 Searchlights, use of 5-7
Drainage canals 5-59 Speed ]units; wakes 5-2
General requireneenta 5-57 Subdivision provisions re waterways 36-22 et seq.
Navigation canals . 5-58 See: SUBDIVISIONS (Appendix B)
Surety bond prerequisite to issuanco Swimming in restricted waters 5-3
of building permit in certain Water skiing 5-5
cases 5-61 Waterways board 5-X02 et seq.
Supp. No. 29 2937
NORTH PALM BEACH CODE
r
Section Section
BOISTEROUS CONDUCT BUILDINGS (Cont'd.)
Noisy and boisterous 19-106 Outdoor displays. See herein: Signs and
Outdoor Displays
BONDS Park and recreation facilities; erecting build-
Adxninistrative~ode; bonds required of ter- ings or structures 24-3
fain officers 2-42 public land, construction on prohibited 6-1
Canal construction; surety bond preroqui- Public sexvices department; division of per-
site to issuance of building permit... 5-61 wits and inspections 2-$5(1}
Finance director, duties re 2-59(7) Signs and outdoors displays 6-110 et seq.
Village manager 2-117 See: SIGNS AND BILLBOARDS
BRUSH. See: WEEDS AND BRUSH Smoke, dust, odors, liquids, etc........... 19-9
Spitting in public places prohibited....... 19-5
BUILDINGS Stormwater management; level of finished
Appearance code floor of structures 21-63
Appeals and review 6-35 Subdivision regulations 36-1 et seq.
Appearance plan . . . 6-33 See: SUBDIVISIONS (Appendix B)
Certifcate of appropriateness Swimming pools 25-1 et seq.
Final herrin 6.57 See: SWIMMING POOLS
gs Zoniug regulations 45-1 et seq.
Follow-up by building inspector 6-60 See: ZONING (Appendix C)
Planning commission
Action of . 6-5$ BULKHEAD LINES
Approval by 6-59 Code onforcement board, applicability re.. 2-173
Preliminary consideration 6-56 Established; designated 7-1
Definition 6-31 Filling operation beyond bulkhead line pro-
Intent and piuposes 6-32 hibited............................ 7-2
Planning commission, powers and du- Filling permit
ties re 6-36 Application fees...................... 7-19
Short title 6-30 APPlication;issuance 7-1$
Appearance plan (Appendix A), See that Expiration date; renewal; revocation... 7-20
subject Public hearing prerequisite to consider-
Coastal construction code 6-151 et seq. ation 7-17
See: COASTAL CONSTRUCTION CODE Required . . 7-16
Code enforcement board, applicability re.. 2-173 Unlawful fill; removal 7-3
Codes BiJI.,SIiEADS
Appearance code. See herein that sub- Bulkheads and seawalls, construction xe-
Je~ quirements re 5-69 et seq.
Building code . 6-17 Soe: BOATS, DOCKS AND WATER-
Coastal construction code . 6-151 et seq. WAYS
Electrical code 11-11, 11-12
Energy efficiency building code 6-150 B7JSINESS REGULATIONS
Fire prevention code 12-16 et seq. Ambulances 17-50, 17-51
Housing code... , 15-1, 15-2 Businesses located outside village limits
Country club . 9-I et seq. Application fox cextificate of regulation. 17-34.2
Sea: COUNTRY CLUB Certificate of business regulation re-
Electrical code,...,...... 11-11, 11-12 quired; basis of one year......... 17-34
~ ~ ~ ~ Commercial vehicles, marking of 17-34.13
Energy efficiency building code
Adopted by reference . 6-i50 Compliance by principal deemed compli-
Flood damage prevention . 12.5-I et seq. ante by agent 17-34.8
See: FLOOD DAMAGE PREVENTION Delinquency penalty 17-34.4
Housing code . 15-1, 15-2 Doing business not covered by certifi-
Landaca u, 27-31 et se cafe of regulation 17.34-7
p' g q.
See; LANDSCAPING Duplicate certificates of regulation..... 17-34.6
Minimum construction standards Din'anon 17-34.3
Authority . . 6-16 False statements
Certificate obtained void ab initio 17-34.7
Codes adopted . . . 6-17 Engaging in business without cextifii-
Violations and penalty . 6-19 sate of regulation or under cer-
Missiles, throwing , 19-$3 tificate issued on.............. 17-34.11
Noise from building . . . 19-102
Obstructing passageway 19-47
Supp. No. 29 2938
CODE INDEX
Section Section
DEPARTMENTS AND OTHER AGENCIES DRAINAGE (Cont'd.)
OF VILLAGE (Cont'd.) Zoning; surface water management
Public services, department of 2-84, 2-85 C-3 Regional Business District 45-34.1(8)
See: PUBLIC SERVICES DEPART-
MENT DROUGHT
Records, department of 2-67 et seq. Water shortage emergencies 19-200 et seq.
See: DOCUMENT AND PUBLIC See: WATER SHORTAGE EMERGEN-
RECORDS LIES
Recreation department 2-110
Recreation advisory board 20-61 et seq. E
See: PARKS, PLAYGROUNDS AND ELECTIONS
RECREATION Ballots
Reserve police farce 23-42 et seq. Direction for preparation.............. 10-8
See: POLICE Public measure....... , 10-10
Village council 2-16 et seq. Specifications; general and runoff elec-
Waterways board 5-102 et seq. 10-9
tions
DEVELOPMENTS. See: PI.ANNINGAND DE- Candidacy
VELOPMENT Candidates for oftice; qualifying 10-5
Preservation of notice of candidacy 10-6
DISABLED AND HANDICAPPED PERSONS Clerks. See herein: Inspectors and Clerk
Applicability of dog prohibitions to guide Early voting 10-13
and service dogs 4-27(d) General electiona, notice of , 10-3
Parking violations re handicap spaces 18-37 Inspectors and clerk
Appointment . 10-58
DISTRICTS Compensation 10-61
Zoning regulations 45-16 et seq. Filling vacancy....................... 10-60
See: ZONING (Appendix C) Good order, duty to maintain and report
DISTURBANCES. See: C1V1I, DISORDERS violations 10-62
AND DISTURIANCES Instructien prior to election 10-64
Oath required 10-59
DOCKS. See; BOATS, DOCKS AND WATERr Organization . 10-63
WAYS Polling place
DDCUMENTS AND PUBLIC RECORDS Designated . 10-76
Policeman to be present 10-77
Department of records Special elections
Deputy village clerk Notice of .
10-4
Appointment 2-68 10-2
Duties When held.........................
2-69 State laws
Village clerk; duties
Election records kee m Applicable state laws adopted 10-1
p' g 2-67(5) Voting machines may be used; state Iaw
Expiration of term, notice of , . 2-67(7) applicable 10-7
Official seal, keeping 2-67(8) Village clerk, duties re keeping election
Record ordinances 2-67(3) records...,........................ 2-67(5)
Village council Voting machines may be used; state law
Keep records of council 2-67(2} applicable 10-7
Public council action 2-67(4) " " " " '
Serve as clerk o£ council 2-67(1) ELECTRICAL CODE
Vital statistics, keeping 2-67(6) Amendments, corrections, additions 11-12
Police division, duties re records 2-76(b)(1) Code enforcement board, applicability re.. 2-I73
Village clerk and deputy village clerk. See
herein: Department of Records ELECTRONIC AUDIO EQUIPMENT
Noise control 19-104
DOGS
Regulations enumerated 4-24 et seq. EMERGENCIES
See: ANIMAS AND FOWL Ambulances 17-50, 17-51
Emergency management 8-1 et seq.
DRAINAGE See: EMERGENCY MANAGEMENT
Stormwater management 21-61 et seq. Emergency medical services
See: STORMWATER MANAGEMENT Fees
Subdivision design standards re easements Billing and collection 11.5-23
and rights-of-way 36-22(b} Establishment..................... 11.5-22
Supp. No. 29 2941
NORTH PALM BEACH CODE
Section Section
EMERGENCIES (Cont`d.) FINANCES (Cont'd.)
Generally 11.5-21 Court cost
Fire division 12-29 et seq. Assessment of additional court costa far
See: FIRE PREVENTION AND PRO- criminal justice education expendi-
TECTION tares 1-9
Water shortage emergencies 19-200 et seq. Department of finance
See: WATER SHORTAGE EMERGEN- Finance directox; duties
LIES Accounts of receipts and expendi-
tures 2-59(8)
EMERGENCY MANAGEMENT Budget duties 2-59(2)
Applicability . 8-2 Cancellation of evidences of old debt 2-59(9)
Civil disorders and disturbances Collect moneys and fees due village . 2-59(12)
Declaration of a state of emergency 8-22 Examine books 2-59(6)
Mayer destgnate~ local authority fir tree- Financial statements 2-59(3)
ervation of public peace.......... $-21 Fiscal supervision over officers...... 2-59(5)
Declaration of a state of emergency 8-5 Keep accounts 2-59(~l)
Definitions 8-1 Pay village employees.............. 2-59(11)
Emergency management structure , 8-3 Prescribe farm 2-59(1)
Powers, duties and responsibilities 8-4 Receive and disburse moneys 2-59(10)
Termination of a state of emergency...... 8-6 Responsibility for proceeds of bonds . 2-59(7)
Investment policy of the village 2-4
EMPLOYEES. Soe: OFFICERS AND EM- Pensions and retirement. See also that
PLOYEES subject
Length of service award plan for volun-
ENCLOSURES. See: FENCES, WALLS, teen firefighters 2-170 et seq.
HEDGES AND ENCLOSURES Pension and certain other benefits for
ENERGY EFFICIENCY BUILDING CODE fire and police employees 2-159 of seq.
Pension and certain other benefits for
Adopted by reference 6-150 /
general employees 2-146 et seq. Il
ENGINE EXHAUST Planning and development; filing fees and
Noise control policy 19-108 cost for changes.................... 21-1, 21-2
Social security 2-136 et seq.
EROSION CONTROL STRUCTURES See: SOCIAL SECURITY
Construction regulations 5-93 et seq. Taxation. See that subject
See: BOATS, DOCKS AND WATER- Village manager 2-118
WAYS FINES, FORFEITURES AND OTIIER PEN-
EXCAVATIONS ALTIES
Bulkhead lines 7-1 et seq. Code enforcement board; fines and liens 2-178
See: BULKHEAD LINES Code of ordinances, provisions re general
Stormwater management 21-61 et seq. Penalty and continuing violations 1-8
Sea: STORMWATER MANAGEMENT Parking violation 18-37, 18-38
Street excavations , 2~1-16 et seq. Pension and certain othor benefits for fire
See: STREETS, SIDEWALKS AND PUB- and police employees
LIG PLACES Board of trustees for; forfeiture of mem-
bership on board for absenteeism . 2-164(b}
EXCRETA Contributions; forfeitures 2-163(d)
Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION
Barbecue grills and similar cooking devices 19-10
E Code enforcement board, applicability re.. 2-173
Department of public safety, provisions re
FENCES, WALLS, HEDGES AND ENCLO- fire division . 2-76(c}
SURES See: PUBLIC SAFETY DEPARTMENT
Landscaping 27-31 et seq. Fore division
See: LANDSCAPING Composition 12-30
Swimming pool requirements 25-5 Created; functions 12-29
Emergency medical technician volun-
FINANCES teens 12-32
Budget procedures 2-2 Equipment
Gauntry club, provisions re 9-21(d), 9-32 Acquisition 12-52
Sapp. No. 29 2942
CODE INDEX
Section Section
FIRE PREVENTION AND PROTECTION
(Canfd.)
Fire alarm system 12-53
Generally 12-51
Housing 12-54
Private use of equipment......... , , 12-55
Tampering with equipment 12-56
Impersonating fireman 19-8
Motor equipment and members' cars des-
ignated emergency vehicles 12-31
Personnel
Badges 12-41
Car insignia 12-42
Other officers accountable to chief... 12-39
Police assistance 12-43
Special police powers, 12-40
Volunteex firefighters, length of sor+rice
award plan for . 2-170 et seq.
See: PENSIONS AND RETIREMENT
Florida fire prevention code
Adopted by reference 12-16
Supp. No. 29 29~~,Z
,I~
CODE INDEX
Section Section
PARKS, PLAYGROUNDS AND RECREATION PENSIONS AND RETIREMENT (Cont'dJ
(Confd.) Direct transfers of eligible rollover dis-
Uacancies 20-62(c) tz7bution........................ 2-170
Restrooms, failure to cooperate in keeping Discharged members 2-169(a)
neat or sanitary 20-2 False, misleading statements made to
Traffic obtain retirement benefits prohib-
Enforcement of traffic regulations 20-5(2) ited 2-1fi9(f)
Operation confined to roads........... 20-5(5) Incompetents 2-169(d)
Parking areas designated 20-5(6) Insurers, tax on...................... 2-167
Signs 20-5(3) Membership
Speed of vehicles 20-5(4) Application for membership 2-160(6)
State motor vehicle laws 20-5(1) Buy-back of previous service........ 2-160(d)
Trees Changes in designation of beneficiary 2-160(c)
Climbing trees, etc 20-4 Conditions of eligibility........... , . 2-160(a)
Use by public only 20-1 Nonassignabilitp 2-169(6)
Number and gender 2-169(e)
PENALTIES. See: FINES, FORFEITURES Optional farms of benefits 2-162
AND OTHER PENALTIES Pension validity . 2-169(c)
PENSIONS AND RETIREMENT Prior service 2-165
Length of service award plan far volunteer Repeal or termination of plan 2-168
firefighters Tax on insurors 2-167
Benefit formula 2-170.6 Pension and certain other benefits far gen-
Contact person 2-170.10 eral employees
Effective date 2-170.3 Benefit amounts and eligibility
Eiigibiiity 2-170.4 Direct transfers of eligible rollover
Entitlement age 2-170.5 distribution 2-157
Plan, name of 2-17D.2 Early retirement................... 2-148{d)
Point system 2-170.11 Late retirement.................... 2-148(c}
Preretirement death benefit........... 2-170.7 Preretirement death 2-148(e)
Purpose 2-170 Refund of contribution 2-148(g)
Sponsor, name of 2-174.1 Retirement benefit 2-145{b)
Trustee and contact person............ 2-170.10 Retirement date 2-148(a)
Vesting provisions, schedule of 2-174.8 Tormination of employment......... 2-148(f}
Village contributions . 2-170.9 Benefit plan no. 2, optional (cost of liv-
Pension and certain other benefits for fire ing adjustment) 2-158.1
and police employees Benefit plan, optional
Benefit amounts Applicability to employees 2-158(a}
Cost of living 2-161(8) Member contributions
Disability retirement 2-lfil(e) Amount......................... 2-155(d)(1)
Early retirement 2-161(6) Duration................,....... 2-158(d)(2)
Formula 2-16I(c) Interest......................... 2-158(d)(3}
, . 2-161(h) Retirement benefit...... .
Limitation on 2-158(c)
Normal retirement benefit.......... 2-161(a) Retirement date . . . 2-158(6)
Preretirement death 2-161(d) Defmitions........................... 2-146
~rlTl7natlon benefits and vesting.... 2-161(f) Discharged members 2-156(a)
Board of trustees Incompetents 2-156(d)
Bring and defend lawsuits Membership
Powers 2-164(e) Application for membership 2-147(6)
Composition 2-1fi4(a) Change in designation of beneficiary 2-147(c)
Forfeiture of membership on board Conditions of eligibility 2-147(a)
for absenteeism 2-164(6) Nonassignability 2-156(6)
Meetings . . 2-164(d} Normal and optional farms of benefits . 2-149
Power and authority 2-166 Pension validity...................... 2-156(c)
Repoi$s and records 2-164{c) Repeal ar termination of system....... 2-155
Contributions Retirement board
Employer 2-163(c} Additional rules and regulations au-
Forfeitures 2-163(d} thorized..,,.................. 2-152
Member . 2-163(a) Established. 2-151
State 2-163(6} Investing funds; custodian of securi-
Definitions 2-159 ties...................,...... 2-153
Supp. Na. 29 2949
NORTH PALM BEACH CODE
Section Section f
1
PENSIONS AND RETIREMENT (Cont'dJ PI.ANNTNG AND DEVELOPMENT (Cont'd.)
Oaths of office; meetings; quorum 2-154 Regulatory pxogxam
Social security 2-136 et seq. Exemptions 21-47(b)
See: SOCIAL SECURITY Generally . 21-47(a)
Volunteer firefighters, length of service Public facility adequacy, review to de-
award plan for. See herein: Length of termine 21-47(c)
Service Award PIan for Volunteer Short title . . . 21-41
Firefighters Filing fees and casts for voluntary arinex-
ation of land
PERMITS. See: LICENSES AND PERMITS Enactment and authority 21-2(a)
PERSON Fees: application . 21-2(c)
Definitions and rules of construction 1-2 Jurisdiction 21-2(b)
Planning commission, advice of........ 21-2(d)
PIERS Stormwater management 21-61 et seq.
Docks and piers, construction require- See: STORMWATER MANAGEMENT
ments re 5-81 et seq. Subdivision regulations 36-1 et seq.
See: BOATS, DOCKS AND WATER- See: SUBDIVISIONS (Appendix B)
WAYS Zoning regulations 45-1 et seq.
PLANNING AND DEVELOPMENT See: ZONING (Appendix C)
Appearance plan (Appendix A). See that PLANNING COMMISSION
subject Composition; conduct generally
Archaeological site protection regulations, 21-Ipl et seq, Created 21-11(a)
See: ARCHAEOLOGICAL SITE PRO- Meetings 21-11(c)
TECTION Membership 21-11(b)
Board of adjustment Powers and duties . 21-11(d)
Composition; conduct generally Zoning ordinances, changes to 21-12
Administrative orders, review of 21-21(d)
Created . . . 21-21(a) PLATS. See: SURVEYS, MAPS AND PLATS
Decision of administrative official, ap- PLAYGROUNDS. See: PARKS, PLAY-
peals to hoard from 21-21(e) GROUNDS AND RECREATION
Hearing of appeals 21-21(x)
Judicial review of decisions of hoard. 21-21(h) POLICE
Membership; terms; alternate; com- Court cost
pensation . . 21-21(b) Assessment of additional court costs for
Powers and duties . 21-21(c) criminal justice education expendi-
5tay of work and proceedings on ap- tares 1-9
peal 21-21(f} Department of public safety, provisions re
Comprehensive plan police division 2-76(b)
Adoption 21-Q1 See: FUBLIC SAFETY DEPARTMENT
Filing fees and costs for changes EleeEions; policemen to be present at poll-
Enactment and authority........... 21-1(a) ing pIace 10-77
Fee; application 21-1(c) Fire division, provisions re police assis-
Jurisdiction 21-1(b) tance 12-43
Planning commission, advise of 21-1(d} Impersonating police officer 19-5
Concurrency management Pension and certain other benefits for fire
Adequate public facilities available to and police employees 2-159 et seq.
service development 21-45 See: PENSIONS AND RETIREMENT
Application 21-42 Reserve force
Definitions 21-44 Application for membership 23-43
Intent and purpose Compensation 23-50
Comprehensive plan, implements- Created; purpose 23-42
tion of 21-43(a) Director of pubic safety, appointment to
Managementlmonitoring and regula- sezve by 23-45
tort' program, establishment of 21-43(b) Oath required 23-47
Minimum requirements 21-43(c) Powers and duties 23-48
Management and monitoring program Reserve list to be maintained 23-44
Amendments to CIE and annual bud- Resignation . 23-46
get, recommendations on 21-46(c) Uniforms and insignia 23-49
Annual public facilities update report 21-46(b)
Generally 21-46{a)
Sapp. No. 29 295fl
CODE INDEX
Section Section
TELEPHONES V
Alarms; interference with public safety de-
partment trunk line prohibited 19-215 VILLAGE
Definitions and rules of construction 1-2
TELEVISION
Cable television rate regulation 17-1 VILLAGE COUNCIL
Compensation 2-16
TENSE Definitions and rules of construction 1-2
Definitions and rules of construction 1-2 Meetings
THEFT Adjournment of all meetings 2-19
Combat Auto Theft (CAT) 18-19 ~ Regular meetings
Presiding officer 2-18
TIME When held 2-17
Definitions and rules of construction 1-2 Rules of procedure. See herein that sub-
TRAFFIC. See: MOTOR VEHICLES AND ject
TRAFFIC Rules of procedure
Order of business 2-26
TRAILERS Parliamentary rules 2-27
Personal recreational use trailers; parking Village clerk, duties re 2-67
on residential property restricted 18-35
VILLAGE LOGO
TRASH. See: GARBAGE AND TRASH Adoption 1-10(b)
TREES AND SHRUBBERY Description 1-10(a)
Code enforcement board, applicability re.. 2-173 Registration 1-10(d)
Landscaping 27-31 et seq. Unlawful practices...................... 1-10(c)
See: LANDSCAPING VILLAGE MANAGER
Missiles, throwing 19-83
Parks and recreation facilities; climbing Administrative code, provisions re 2-39 et seq.
trees, etc 20-4 See: ADMINISTRATIVE CODE
Swale areas, trees in Bond 2-117
Definitions 27-16 Budget................................. 2-118
Maintenance 27-20 Budget procedures, duties re............. 2-2
Planting and removal; written approval Removal 2-116
required 27-17 Residency 2-115
Scope 27-19 VOYEURISM
Variety and location 27-18
Window peeping prohibited 19-66
U
W
UTILITIES
Flood damage prevention provisions...... 12.5-41(3), (5) WALLS. See: FENCES, WALLS, HEDGES
Franchises enumerated. See Appendix D AND ENCLOSURES
Street construction work; cost of changing
or removal of public utilities 24-4 WATER SHORTAGE EMERGENCIES
Subdivision design standards re easements Application 19-201
and n hts-of-wa 36-22(a) Definitions 19-200
'g y
Subdivisions, required improvements re 36-32 Enforcement
Telecommunications service tax 26-51 et seq. Emergency power 19-204
See: TAXATION Generally 19-203
Use of rights-of--way for utilities Implementation
Code enforcement board, applicability Exemptions 19-202(b)
re 2-173 Permanent restrictions 19-202(a)
Rules and regulations adopted 28-1 Sanitation, exception to maintain 19-205
Written permit (franchise) Violations and penalties 19-206
Contents 28-3
Required; term 28-2 WATER SUPPLY AND DISTRIBUTION
Stormwater management 21-61 et seq.
UTILITY TAX See: STORMWATER MANAGEMENT
Collection 26-30 Wellfield protection 19-220, 19-221
Exemption 26-31 Zoning; C-3 Regional Business District
Levied; rate 26-29 Surface water management........... 45-34.1(8)
Supp. No. 29 2955
NORTH PALM BEACH CODE
Section Section
WATERWAYS. See: BOATS, DOCKS AND ZONING (Generally) (Cont'd.)
WATERWAYS Subdivision regulations 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
WATERWAYS BOARD
Composition; terms; vacancies 5-103
Created 5-102
Duties 5-105
Organization 5-104
Removal 5-106
WEAPONS. See: FIREARMS AND WEAP-
ONS
WEEDS AND BRUSH
Lien
Recorded statement of removal costs con-
stitutes lien; collection 14-83
Notice to destroy 14-80
Owner to bear costs of removal 14-82
Prohibited over certain height 14-79
Removal by village 14-81
WEEK
Definitions and rules of construction 1-2
WEIGHTS AND MEASURES
Motor vehicle operation; weight limitations
on certain roads 18-18
Noise measurement procedure 19-113
WELLFIELD PROTECTION
Business activities with potential to con-
taminate land and water resources,
regulation o£ 19-221
County wellfield protection ordinance
adopted by reference 19-220
WRITTEN, IN WRITING
Definitions and rules of construction 1-2
Y
YARDS AND OPEN SPACES
Landscaping 27-31 et seq.
See: LANDSCAPING
Zoning regulations 45-27 et seq.
See: ZONING (Appendix C)
YEAR
Definitions and rules of construction 1-2
Z
ZONING (Generally)
Appearance plan (Appendix A). See that
subject
Code enforcement board, applicability re.. 2-173
Home occupations 17-2(a) et seq.
See: HOME OCCUPATIONS
Landscaping; conflict with zoning ordi-
nance 27-39
Planning commission; changes to zoning
ordinances 21-12
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