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Code of Ordinances Supplement 30
SUPPLEMENT N0. 30 September 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 No. 15-2005, adopted July 14, 2005. See the Code Comparative Table for further information. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 136.3-138 137-138.3 146.1-148 147-148.1 1174.1, 1175 1175-1177 1235, 1236 1235-1236.1 2511, 2512 2511, 2512 2512.3, 2512.4 2512.3, 2512.4 2889 2889 2949, 2950 2949, 2950 Insert and maintain this instruction sheet in front of this publication. File removed pages £ar reference. MCTNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3177. 1-800-262-CODE Website: www.municode.com I,~ Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing LooseleafSupplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published far the original Code. When a pogo has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. 'T`itle page 1 81, 82 25 iii 1 83 25 v, vi OC 133 28 vii, viii OC 135, I36 24 iX OC 136.1, 136.2 24 x.i, x.ii 1 13?, 138 30 x.iii 1 138.1, 138.2 30 xi, xii 29 13$.3 30 xiii, xiv 29 139, 140 29 xv, xvi 29 140.1, 140.2 28 1 25 141, 142 22 3, 4 25 142.1, 1422 29 5, 6 25 143, 144 2? 8 25 145, 146 29 9, 10 29 147, 148 30 10.1, 10.2 29 148.1 30 11, 12 25 149, 150 29 I3, 14 25 150.1 29 15, 16 25 151, 152 26 17, 1S 25 153, 154 26 19 25 155, 156 26 65 29 156.1, 156.2 26 7? OC 156.3 26 79, 80 OC 15?, 158 25 Supp. No. 30 [1] NO~tTH PALM BEACH CODE Page No. Stipp. No. Page Na. Stipp. No. 159, 160 25 615 OC 161, 162 25 617, 618 OC 1~3, 164 25 619, 620 29 165, 166 25 671 2 167, 168 25 673 24 169 25 695 13 211 OC 697 13 213, 214 19 723 24 263 OC 725 24 265, 266 OC 726.1 13 267, 268 27 727, 72$ 5 269 27 729 5 319 29 777 OC 321, 322 17 779, 780 OC 323, 324 16 781, 782 OC 325, 326 24 783, 784 OC 327, 328 27 785, 786 OC 329, 330 27 787, 788 OC 331, 332 27 789 OC 332.1 27 839 OC 333, 334 29 889 OC 335 29 891, 892 25 381 23 892.1 15 383, 384 27 893, 894 OC 385 24 895 896 OC 39$.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 27 398.7, 398.$ 23 99'7 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 25 1051 OC 398.13, 398.14 25 1053, 1054 25 398.14.1, 398.14.2 25 1054.1, 1054,2 25 39$.15, 398.16 8 1055, 1056 27 399, 400 OC 1057, 1055 27 401, 402 OC 1059, 1060 27 403 OC 1061, 1062 8 453 OC 1063, 1064 8 455, 456 22 1121 OC 507 22 1171 OC 509, 510 22 1173, 1174 28 511 22 1175,1176 30 559 17 1177 30 561, 562 24 1225 OC 563, 564 24 1227, 1228 24 Svpp. ATo. 30 [2] / CHSCKLI5T OF UP-TO-DA'TB PAGES Page No. 8upp. No, Page No. Supp. No. 1228.1 24 16$5, 1686 OC 1229, 1230 21 1687, 1088 17 1231, 1232 21 1689, 1690 17 1233,1234 21 1739 14 1235, 1236 30 1741, 1742 21 1236.1 30 1781 21 1237, 1238 16 1783, 1784 21 1239, 1240 29 1785, 1786 21 1241, 1242 29 1787, 1788 21 1289 3 1789,1790 21 1291, 1292 OC 1791, 1792 21 1293, 1294 29 1793, 1794 21 1295 29 1795,1796 21 1343 4 2043 OC 1345, 1346 22 2045, 2046 25 1346.1 22 2046.1 25 1347, 1348 29 2047, 2D4S OC 1349, 1350 29 2049, 2050 OC 13501 29 2051, 2452 OC 1351, 1352 14 2053 OC 1352.1 I4 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 2357, 2358 OC 1357, 1358 OC 2359, 2360 22 1359, 136D OC 2361, 2362 22 1361, 1362 5 2362.1 22 1363, 1364 5 2363, 2364 OC 1385, 1366 5 2365, 2366 OC 1367 5 2367, 2368 29 1411 OC 2368.1 1 1463 OC 2369, 2370 OC 1465, 1466 OC 2371, 2372 OC 1517 OC 2373, 2374 OC 1519, 1520 OC 2375, 2376 OC 1521, 1522 27 2377, 2378 22 1523 27 2379 22 1573 24 2479 9 1575, 1576 29 2481, 2482 23 1627 9 2483, 2484 23 1629, 1830 27 2485, 2486 23 1631 27 2486.1, 2486.2 23 1681 OC 24$6.2.1, 24$6..2.2 23 183, 1684 24 2486.2.3, 2486.2.4 27 1F84.1, 16842 24 2486.3 27 Cupp. No. 3D [3] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2487, 2488 OC 2511, 2512 30 2488.1, 2458.2 18 2512.1, 25122 23 2459, 2490 18 2512.3, 2512.4 30 2491, 2492 18 2512.5, 2512.6 23 2493, 2494 18 2512.7 23 2495, 2496 18 2513, 2514 OC 2497, 2498 21 2515, 2516 22 2499, 250D 21 2517, 25].8 22 2501,2502 25 2619 21 2503, 2504 28 2819, 2820 29 2504.1, 2504.2 29 2869, 2870 OC 2504.3 28 2871 OC 2505, 2506 10 2$73 OC 2507, 2508 13 2875, 2876 OC 2509, 2510 13 2877, 2878 OC 2510.1, 2510.2 25, Add. 2879, 2880 OC 2510,3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 251D.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889 30 2510.13, 2510.14 25, Add. 2933, 2934 25 2510.15, 2510.16 25, Add. 2935, 2936 28 2520.17, 251018 25, Add. 2937, 2938 29 2510.19, 2510.20 25, Add. 2939, 2940 28 2510.21, 2510.22 25, Add. 2941, 2942 29 2510.23, 2510.24 25, Add. 2942.1 29 2510.25, 2510.28 25, Add. 2943, 2944 24 251027, 2510.28 25, Add. 2945, 2946 25 2510.29, 251D.3D 25, Add. 2947, 2948 26 2510.31, 2510.32 25, Add. 2949, 2950 30 2510.33, 2510.34 25, Add. 2950.1 24 2510.35, 251D.36 25, Add. 2951, 2952 27 2510.37, 2510.38 25, Add. 2953, 2954 25 2510.39, 2510.40 25, Add. 2955, 2956 29 2510.41, 2510.42 25, Add. 2965, 2966 28 2514.43, 2510.44 25, Add. 2967 25, Add. 2510.45, 2510.46 25, Add. 2510.47, 2510.4$ 25, Add. 2510.49, 2510.50 25, Add. 2510.51, 25].0.52 25, Add. 2510.53, 2510.54 25, Add. 2510.55, 2510.56 25, Add. 2510.57, 2510.58 25, Add. Supp. No. 30 [4] ADMINISTRATION § 2-4 will analyze and select ono or more optimal types States which is authorized to accept of investments and competitively bid the security and exercise trusts and which is in question when feasible and appropriate. Ex- doing business in the state, and must cept as otherwise required by law, the bid deemed be kept in the depository in an ac- tobest meet the investment objectives specified in count separate and apart from the subsection III must be selected. assets of the financial institution; or {n) Internal controls. The chief financial officer c. If physically issued to the holder but shall establish a system of internal controls de- not registered with the issuer ar its signed to prevent losses of funds, which might agents, must be immediately placed arise from fraud, employee error, misrepresenta- for safekeeping in a secured vault. Lion by third parties, or imprudent actions by employees of the village. Such internal controls {2) The village may also receive bank trust shall be in writing and made a part of the village's receipts in return for investment of sur- operating procedures and shall be reviewed by plus funds in securities. Any trust re- independent auditors during the course of peri- ceipts received must enumerate the vari- odic financial audits as may be required of the ous securities held, together with the viIlage. specific number of each security held. The actual securities on which the trust re- (o) Continuing education. The chief financial ceipts are issued may be held by any bank officer shall complete eight (S) hours of continuing depository chartered by the federal gov- education annually in subjects or courses related ernment, the state, ar any other state as to investment practices and products. dofned in F.S. section 65$.12, or by a {p} Reporting. The chief financial officer shall national associations organized and exist- prepaxe an annual investment report, which shall ing under the lays of the United States include securities in the portfolio by class and which is authorized to accept and execute type, book value, income earned, and maxkot trusts and which is doing business in the value as of the report date. The report will be state. provided to the legislative and governing body of the village. The report shall be available to the (r) Sale of securities. When invested funds are public, needed in whole ox in part for the purposes originally intended or for more optimal invest- {q} Securities; disposition. menu, the chief financial officer may sell such (1) Every security purchased on behalf of the investmonts at the then-prevailing market price village must be properly earmarked and; and place the proceeds into the proper account or fund. a. If registered with the issuer or its agents, must be immediately placed {s) Policy considerations. for safekeeping in a location that protects the village's interest in the (1) Exemptions. Any investment held pxior to security; the adoption of this policy that does not meet the guidelines of this policy shall be b. If in book entry form, must be held exempted from the requirements of this for the credit of the governing body policy. At maturity or liquidation, such by a depository chartered by the monies shall be reinvested only as pra- federalgovernment, the state, or any vided by this policy. other state ar territory of the United States which has a branch or princi- (2} Amendments. This policy shall be re- gal place of business in the state as viewed on an annual basis. The villago defined in F.S. section 655.12, or by a council must approve any changes, as national association organized and well as the individual{s} charged with existing under the Laws of the United maintaining internal controls. Sapp. No. 30 13 § 2-4 NOI3.TH PALM BEACH CODE i (t) Delegation of authority. The finance direc- Sea 2-18. Sarae~---Presiding officer. t for is the chief financial officer of the village and (a} The mayor shall preside at all meetings, if is responsible for investment decisions and activ- present, and in his absence, thevice-mayor. In the ities. The village may retain a registered invest- absence of both the mayor and vice-mayor, the went advisory firm to assist in the investment president pro tem shall preside. management process. No person may engage in an investment transaction except as provided {b) The presiding officer shall preserve order under the terms of this policy and the procedures and decorum. He shall appoint all committees established hereunder. unless the council shall otherwise direct. Authorized signatories are the chief financial (c) Terms of mayor. No person may serve more officer, the village manager and the village mayor. than one-year term as mayor of the village. A These individuals are also authorized to initiate person who served as mayor of the village for one wire transfers for the village. All investment (1) term shall not serve as mayor during the transactions require approval by twa (2) of the following council yeaz°, but beginning one (I) year depository signatories. after termination of his one-year term as mayor of (Ord. No. 31-95, § 1, 10-26-96; Oxd. No. 15-2001, the village, he may again serve as mayor for a 1, 2, 6-28-01) period not to exceed pane (1} yew; Editor's note-Ord. No. 31-95, adapted Oct. 26, 1996, has (Code 1970, § 2-9; Ord. No. 215-7{3, ~ OTtI. NO. been codified herein at the discretion of the editor as § 2-4. 8-$2, § 1, 4-22-82} Secs. 2-~i-2-15. Reserved. Sec. 2-19. Adjcsurnnaent of all raee~a~gs. All regular meetings, special meetings and workshop meetings f©r the village cQUncil shall be j ARTICLE IT. COUNCIL'` adjourned on or before 11:00 p.m_ on the date when the meeting convened. Tn the event there is DTVISION 1. GENERALLY pending business an the floor at 11:00 p.m. during one (1) of the meetings, the chair shall at that time entertain a xaotion that the meeting be Sec. 2-1B. Compensation. reconvened at a time and date certain, but upon The compensation of all members elected to the failure of the council to agree upon such motion, village council other than the mayor is hereby the meeting shall be adjourned and the business fixed at the sum of five hundred dollars ($500.00) pending at the time of adjournment shall be the per month. The compensation of the mayor is first item on the agenda of the next i~aeetix?g of the hereby fixed at the sum of six hundred dollars village council pertaining thereto. ($60D.00) per month. (Ord. No. 24-79, § 1, 11-$-79) (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Secs. 2-20-2-25. ]ii.eserved. Ord. No. 2-$8, § 1, 1-14-88; Ord. No. 16-97, § 3-13-97; Ord. No. 29-99, § 1, 8-26-99) Charter reference-Compensation, Art. III, § 4. DIVISION 2. RULES OF PROCETIURE# Sec. 2.17. Regular meetings-When held. Sec. 2-2G. Order of business. The regular meetings of the village council The following order shall be observed in the shall be held on the second and fourth Thursdays transaction of business, but such order may be of each month. varied by unanimous consent of the councilmen (Code 1970, § 2-8) present: Charter reference-Meetings procedure, Art. III, § 9(a). (1) Roll call; 'Charter reference-Legislative provisions generally, Art. 'Charter reference-Authority to determine rules of III. procedure, Art. III, § 9(b). Supp. Na. ~0 138 ADMINISTRATION § 2-41 (2} Invocation; ARTICLE III. ADMINISTRATIVE CODE (3) Pledge of allegiance; DIVISION 1. GENERALLY (4) Awards and recognition; Sec. 2-39. Definition. {5) Approval of minutes; A.s used in this article, unless the context otherwise requires: (6) Council business matters: Chief administrator or administrator is the village manager. a. Statements from the public, peti- tions and communications; (Code 1970, § 2-31) b. Declaration of ex parte communica- Sec. 2-40. Departmental organization. Lions; (a) The administrative service of the village shall be divided under the administrator into the c. Public hearings and quasi judicial following departments and heads thereof: matters; (1) Depaxtment of finance, director of fi- d. Consent agenda; nance. e. Other village business matters; {2) Department of public safety, director of public safety. £ Council and administration matters; (3) Department of public services, director of public services. 1. Mayor and council matters/ reports; (4) Department of recreation, director of rec- reation. 2. Village manager matters/re- ports; (5) Department of library, librarian. (6) Department of country club, cauntry club (7) Reports {special committees and advisory administrator. boards); {b) In addition, there shall be a department of (8) Adjournment. records headed by the village clerk under the (Code 1970, § 2-17; Ord. No. 6-74, § 1; Ord. No. village council, which department shall be coordi- 22-96, § 1, 6-13-96; Ord. No. 14-98, § 1, fi-25-98; nated into the administrative service and cooper- Ord. No. 03-2045, § 1, 2-10-05} ate with the administrator so as to coordinate the entire administrative service of the village. (Code 1970, § 2-32; Ord. No. 1-75, § 4, 4-10-75; Sec. 2-27. Parliamentary rules. Ord. No. 44-97, § 1, 10-9-97; Ord. No. 30-2001, § 2, 10-11-01) Cross references-Country club, Ch. 9; library, Ch 16; The presiding officer, when the council is in p~~ playgrounds and recreation, Ch. 20; pollee, Gh. 23; session, shall enforce parliamentary rules for its streets, sidewalks and public places, Ch. 24. government so far as they are applicable to such legislative body. Sec. 2-4I. Oaths of office. (Code 1970, § 2-19) {a) Persons required to tape oath of office. Each of the following officers and employees in the administrative service shall be required to take Secs. 2-28-2-38. Reserved. an oath of office before entering upon the dis- 5upp. No. 30 138.1 § 2-41 NORTH PALM BEACH CODE - rf m h ch r e of his duties which oath shall be sub the best of m abilit faithfull e or t e a g y y~ Y A scribed by the person taking it and shall be filed duties of the office of Public Safety Officer and preserved in the office of the village clerk: during my continuance therein, so help me God. (1) Officers. The village manager and each department head. (2} Public safety officers. Every member of Subscribed and sworn to before me this the department of public safety (including day of , 19 any private, special, temporary or substi- tute policemen which the village might find it necessary to appoint). Notary Public (b) Form of oath for the chief administrator {Code 1974, § 2-33) and officers. The following shall be the form of oath for the chief administrator and officers: Sec. 2-42. Bonds required of certain c~ffie- State of Florida } ere. County of Palm Beach ) ss. Village of North Palm Beach ) The following named village officials shall each, before entering upon the duties of their respective I, , do solemnly swear offices, give a good and sufficient surety company that I will support the Constitution of the band to the village, duly approved by the village United States, the Constitution of the State of attornoy, and conditioned upon the faithful per- Florida, and the Charter and Code of the Vil- formance and discharge of their respective duties, loge of North Palm Beach; that I will faithfully, and for the proper application and payment of all honestly and impartially discharge my duties money or property coming into their hands by as during my continu- virtue of their offices in the following amounts: ante therein; that I am not directly or indi- rectly pecuniarily interested in any public ser- (1) Village manager, two hundred thousand vice corporation engaged in business in the dollars ($200,00{1.00). Village of North Palm Beach, or in or with any (2) Finance director, two hundred thousand person or corporation having contracts with dollars ($200,0(10.00). said Village, so help me God. (3) Village clerk, ten thousand dollars ($10, 000.00). Subscribed and sworn to before me this (4} Village tax collector, two hundred thou- day of , 19 sand dollars ($2fl0,000.00). (c) Form of oath for members of department of (5) Country club manager or country club public safety. The following shall be the form of administrator two hundred thousand dol- aath for the members of the department of public lore ($200,000.00). safety: (Code 1970, § 2-34; Ord. No. 23-96, § 1, 6-13-96; State of Florida ) Ord. No. 30-2001, § 3, 10-11-01) County of Palm Beach ) ss. Village of North Palm Beach } Sec. 2-43. Policy and procedures. I, , do solemnly swear {a} Officers. Each officer shall perform all du- that Iwill support the Constitution of the ties required of his office by state law, the charter, United States, the Constitution of the State of the Code of the village, and such other duties not Florida and the Charter and Code of the Vil- in conflict therewith as may be required by the loge of North Pahn Beach; and that I will, to village manager. Sapp. No. 30 1$$,2 ADMINISTRATION § 2-43 {b) Department heads. The heads of depart- ments shall: (1) Responsibility to village manager. The heads of departments, including the coun- try club administrator, shall be immedi- ately responsible to the village manager for the effective administration of their Supp. No. 30 138.3 t Al]MINISTRATION § 2-155 (c) The retirement board hereby created shall tions reposed in the retirement board may be perform all duties and enjoy alI rights and powers performed and carried out by the village trea- vested by law or ordinance, and the village actor- 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 funded by the village council, the {b) 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. All funds and securities of (d) The retirement board shall have full au- the general retirement fund 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 separate fund, and shall be liable for the safe- receipt for all monies received by the fund through keeping of the same undox the bond given to the the office of the village treasurer. The retirement village and shall be liable in the same manner board shall appoint a secretary who shall keep a and to the same extent as is liable far the safe- complete record of all actions and proceedings by keeping of the funds of the village as provided for the board. by law. All funds now held by the village for this (e} The retirement board shall continue to ex- retirement system are hereby transferred to the ist exclusively for the purpose provided by this fund established by this division. division and related legislation, and the respon- {Ord. No. 1-83, § 1-13-83; Ord. No. 11-85, § 1, sibility for the administration and proper opera- 7-1-1-55} tion thereof and for effectuating the provisions of the law relating thereto, is vested in the retire- Sec. 2-154. Oaths of office; meetings; quo- ment board. r~• {Ord. No. 1-$3, § 6, 1-13-83} Before entering upon their duties as members of the board, each member shall take and sub- Sec. 2=152. Additional rules and regtiilations scribe to the oath of office required by the village authorized. Charter, which. oath shall be filed with the village The retirement board shall have the power to clerk. The board shall meet as often as necessary adopt rules and regulations, not inconsistent with. or upon the call of the chairman or any member the provisions of this division, governing its activ- thereof or upon request of the village clerk. All hies and providing for the certification of the sum board meetings shaIl be held at village hall. A to be paid a retired member from the general majority of the board shall constitute a quorum retirement fund. for the transaction of any business. Notice of {Ord. Na. 1-83, § 7, I-13-$3) meetings shall be given to council and the public at least seven (7) days in advance. Sec. 2-X53. Investing funds; custodian of se= (Ord. No. Y-83, § 9, 1-13-83; Ord. No. 06-2002, § 2, curities. 2-28-02) (a) The retirement board shall have the power Sec. 2-155. Repeal or termination of system. and authority to direct the village treasurer to invest and reinvest the assets of the general (a) This division establishing the system and retirement fund in a manner consistent with laws fund, and subsequent ordinances pertaining to and statutes governing the investment of the the system and fund, may be modified, termi- village. Each of the foregoing powers and fiinc- noted or amended in whole or in part; provided Supp. No. 30 I47 2-155 NOIt'I'H PALM BEACH CODE that if this division or any subsequent ordinance made in respect of each member in the shall be amended or repealed in its application to service of the village on such date who has any person bonefiting hereunder, the amount of completed at least ten {10) years of cred- benefits which at the time of any such alteration, ited service and who is not entitled to an amendment ar repeal shall have accrued to the apportionment under subparagraph {1), member or beneficiary shall not be affected thereby, in the amount required to provide the except to the extont that the assets of the fund actuarial equivalent, as described in {1} may be determined to be inadequate. above, of the actuarial normal retirement (b) If this division is repealed and not super- benefit, based on the credited service and seded by another pension plan, or if contributions average monthly earnings as of such date, and each vested farmer member then en- ta the system are discontinued, the board shall titled to a deferred benefit who has not, by continue to administer the system in accordanco such date, begun receiving benefit pay- with the provisions of this division, for the sole ments, in the amount required to provide benefit of the then members, any beneficiaries said actuarial equivalent of the accrued then receiving retirement allowances, and any normal retirement benefit, provided that, future persons entitled to receive benefits under if such remaining asset value be less than one (1) of the options provided far in this division the aggregate of the amounts apportioned who are designated by any of such members. In hereunder, such latter amounts shall be the event of such repeal, or if contributions tv the proportionately reduced so that the aggre- system are discontinued, there shall be full vest- gate of such amounts will be equal to such ing one huxidxed (100) percent of benefits on a remaining asset value. proportionate basis to the person entitled to ben- efits in accordance with the provisions thereof. {3) If there be any asset value after the apportionments under subparagraph (1) (c} The following shall be the order of priority and (2), apportionment shall be made in for purposes of allocating the assets of the system respect of each member in the service of as of the date of such repeal of this division, or if the village on such date who is not enti- contributions to the system are discontinued with tied to an apportionment under subpara- the date of such discontinuance being determined graphs (1) and (2) in the amount equal. to by the board: his accumulated benefits, provided that, (1) Apportionment shall first be made in re- if such remaining asset value be less than spect to each retired member receiving a the aggregate of the amounts apportioned benefit or each person receiving a benefit hereunder, such latter amounts shall be on such date on account of a retired (but prapartionatelyreduced so that the aggre- since deceased) member, and each mem- gate of such reduced amounts will be ber who has, by such date, become eligible equal to such remaining asset value. for normal retirement but has not yet retired, an amount which is tl}e actuarial {4) ~ there be any asset value xemaining equivalent of such benefit, based upon the after the apportionments under subpara- actuarial assumptions used for purposes graphs (1), (2) and (3), apportionments of the most recent actuarial valuation, shall lastly be made in respect of each provided that, if such asset value be less member included in subparagraph {3) than the aggregate of such amounts, such above to the extent of the actuarial equiv- amounts shall be proportionately reduced alent, as described in (1) above, of the so that the aggregate of such reduced accrued normal retirement benefit, less amounts will be equal to such asset value. the amount apportioned in subparagraph (3), based an the credit service and aver- {2) If there be any asset value remaining age monthly earnings as of such date, ' after the apportionment under subpara- provided that, if such remaining asset graph (1), apportionment shall next be value be less than the aggregate of the Supp. No. 30 148 ABMINISTRA~ION § 2-157 amounts apportioned hereunder, such {e) Bargaining unit employees. Nothing herein amounts shall be reduced so that the shall limit the village`s authority to provide alter- aggregate of such reduced amounts will note retirement benefits to employees in each of be equal to such remaining asset value. the bargaining units provided: (d) After alI the vested and accrued benefits (1) The benefit is provided pursuant to the provided hereunder have been paid and after alI terms of a collective bargaining agree- other liabilities have bean satisfied, then and only ment ratified by the village council or is then shall any remaining funds revert to the the subject of a waiver of bargaining or a general fund of the village. memorandum of understanding. (Ord. No. 1-83, § 10, 1-13-83) (2) No vested benefit is reduced or elimi- nated. Sec. 2-156. Miscellaneous. (3) An actuarial impact statement disclosing (a) Discharged members. Members entitled to the cost and effect of the modification is a pension as approved by the pension board shall made and reviewed by the village council not forfeit the same upon dismissal from the prior to ratification of the collective bar- village, but shaIl be retired as herein described. gaining agreement. (b) 1Vonassignability. No benefit provlded for {4) The terms of the modification are incor- herein shall be assignable or subject to garnish- porated in this chapter of the Village Code ment far debt or for other legal process. by amendatory ordinance. (Ord. No. 1-83, § ll, 1-13-53; Ord. No. 48-2405, (c) Pension validity. The board of retirement § 1, 5-26-05) shall have the power to examine into the facts upon which any pension shall heretofore or here- Sec. 2-157. Direct transfers of eligible after have been granted or obtained to determine rollover distribution. if such pension was granted erroneously, fraudu- lently or illegally for any reason. The board is (1) General. This section applios to distribu- tions mado on or after January I, 1993. Notwith- empowered to purge the pension rolls of any standing any provision of the system to the con- person heretofore or hereafter granted a pension trary that would otherwise limit a distributee's under prior or existing law or heretofore granted election under this section, a distributee may under this division if the same is found to be elect, at the time and in the manner prescribed by erroneous, fraudulent or illegal for any reason; the board, to have any portion of an eligible and to reclassify any pensioner who has hereto- rollover distribution paid directly to an eligible fora under any prior or existing law or who shall retirement plan specified by the distributes in a hereafter under this division be erroneously, im- direct rollover. properly or illegaIly classified. {2) Definitions. (d) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the board, {a) Eligible rollover distribution: An eligible otherwise incapable of personally receiving and rollover distribution is any distribution of giving a valid receipt for any payment due him under the system, the board may, unless and until claims shall have been made by a duly appointed guardian of such person, make such payment or any part to such person's spouse, children or other porton deemed by the board, in its sole discretion, to have incurred expenses or assumed responsi- bility for the expenses of such person. Any pay- ment so made shall be a complete discharge of any liability under the system for such payment. Supp. No. 30 148.1 \f 4 IUIOTOI~ VEHICLES AND TFi,AF'P'IC § 18-35 ARTICLE III. STOPPING, STANDING AND the following described roadways located within PARKING the corporate limits of the Village of North Palm Beach, Florida: Sec. 18-34. Parking restricted. State Road A-1-A; (a) Between the hours of 2:00 a.m, and 6:00 Prosperity Farms Road; a.m. on streets where no curbing is provided, the U.S. Highway # 1 (SR #5); parking of a vehicle shall not usurp more than twelve (12) inches of the paved portion of the Northlake Boulevard; street. 800 Block of Lighthouse Drive; (b) No person shall leave any truck, trailer, North side of Lighthouse Drive between Light- boat or any vehicle of a similar type parked upon house Bridge and one hundred (100} feet any public street or highway within the village east of the east right-of--way line of La- between the hours of 12:30 a.m, and 6:00 a.m. goon Drive; {c} No truck in excess ofthree-fourths-ton shall North Anchorage Drive from Eastwind Drive to be parked upon a public street ar highway inclu- U.S. #1 {SR #5); sine of Swale area within the village; provided, however, commercial vohicles making deliveries South Anchorage Drive and Eastwind Drive or pickups or otherwise servicing residential, com- adjacent to the North Palm Beach E1e- mercial or industrial property within the village xaaentary School property only during the shaIl have the right, if necessary, to temporarily Period starting ono (1) hour prior to and parkin such areas during normal business hours. ending one {1) hour after published school hours inclusive; (d) Na truck in excess ofthree-fourths-ton shall Southerly most four hundred (400) feet of the be parked at any time upon private property westerly road right-of--way of Castlewood within the village unless such truck is boing Drive adjacent to the First Church of utilized as part of an existing business on the Christ Scientist. private property; provided, however, commercial (Ord. No. 8-92, § 1, 6-25-92; Ord. No. 25-93, § 1, vehicles making deliveries or pickups or other- 10-14-93; Ord. No. 19-96, § 1, 5-23-96; Ord. No. wise servicing residential, commercial ar Indus- g_gg~ § 1, 2-11-99) trial property within the village shall have the Editor's note-Qrdinance No. 8-92, adopted June 25, right, if necessary to temporarily park upon pri- 1ss2, did not specifically amend this Code; hence, inclusion of vote property during normal busiriesS hpur's. § 1 as § 18-34.1 was at the discretion of the editor. {Colo X970, 24-70, 39-24; Ord. No. 4-81, § 2, 3-26-81; Ord. No. 07-2005, § 1, 5-26-05; Ord. No. Sec. 18-35. Recreational, boating and camp- 15-2005, 1, 2, 7-14-D5) ing equipment and personal rec- reationaluse trailers; parking on Sec. 18-34.1. Vehicle, trailer or boat parking residential property restricted. prohibited upon paved or un- Recreational, boating and camping equipment paved area of the roadright-of- in tho form of travol and camping trailers, boats way of specific roadways. on trailers, boat trailers, motor homes, personal The parking of any vehicle, trailer or boat is recreational use trailers including motorcycle and hereby prohibited upon the paved or unpaved all terrain vehicle trailers and vans, designed and area of the road right-of--way of those portions of used exclusively as temporary living quarters for recreation, for boating, for camping, for travel or *Gross reference-Parking near a fire station or hydrant for other personal recreational use, may be parked restricted, § 12-2. in the side or rear yard, or within completely Supp. Lrio. 34 ] ] 75 § 18-35 NORTH PALM BEACH CODE enclosed garages on sites containing a single able at each site for each piece of equip- family or duplex residenco, subject to the follow- went where such equipment is stored ing conditions: pursuant to this Code. (1} A maximum of two {2) pieces of such {8) All such equipment, when parked in the equipment at a time shall be permitted on lido Yazd, shall be visually screened from a site. the view of properties adjacent to the side yard and street rights-of way with an (2) Such parking shall be limited to such opaquo wall, fence, gate or hedge to a equipment owned or leased by the occu- height of six {6} foet and to the length and ant-owner or occu ant-lessee of the site width of such equipment. ~fThen such equip- P P concerned. went is parked in the rear yard of a corner i lot, the equipment shall be visually Exception: A guest of an occupant-owner screened from the view of the side street or occupant-lessee may park this equip- right-of--way. Such walls, gates or fences went in the front yard for not mote than shall be constructed in accordance with five (5} days in any fourteen-day period. section 45-36(D). (3) The location for such parked equipment {9) The village council finds that, as a matter shall be in the rear yard or in the side of fact, recreational and camping equip- yard to the rear of a line established by went is a custamary accessory use of the the front building line adjacent to the side land in R-1 and R 2 zaning districts in the yard where the equipment is located; pro- village. vided, however, that on corner lots such {1fl) Such parked equipment shall not be used equipment shall not be parked on the side in the course of any commercial activity. yard which faces a public street. For this purpose, commercial activity shall (4) Such equipment shall, at all times, have include any type of business or activity attached a current vehicle license plate. which is conducted fln nr off the subject premises. (5} UVb.en parked on the site, such equipment (Code I97fl, § 3fl-1; Ord. No. 26-72, § 1; Ord. No. shall not be used for living or sleeping 11-79, § 1, fi-14-79; Ord_ No. 27-93, § 1, 12-9-93; quarters or for housekeeping ar storage flrd. No. 38-97, § 1, 8-28-97; Ord. Na. 33-99, § 1, purposes and shall not have attached 1fl-28-~~) thereto any water, sewer, electric or gas service connection. Sec. 18-36. Parl~g in violation of sites. Exception: Guest equipment as defined in It shall be unlawful, when signs have been subsection (2). erected giving notice thereof, to stop, stand or park a vehicle in vi©lation of signs regulating or {6) Such equipment shall not exceed the max- prohibiting the stopping, standing or parking of imum length, width, height and weight vehicles. permitted under applicable provisions of the motor vehicle laws of the State of Sec. 18-37. Violations, fines-Handicap Florida; provided, however, the maximum spaces. length shall not exceed thirty (30} feet The fine far stopping, standing or parking in and the maximum height shall not exceed handicap parking spaces in violation of F.S. sec- ten (10) feet. tions 316.1955, 316.1956 shall be in the amount of (7} Such equipment shall be secured so that one hundred dollars ($100.00). it will not be a hazard or menace during (Ord. No. 32-90, § 1, 8-9-90) Editors not~drdinance No. 32-90, adopted Aug. 9, high winds or hurricanes. At least four (4} 1930, did not specifically amend this Code; hence, inclusion of hurricane ground anchors shall be avail- § 1 as § J 8-37 was at the discretion of the editor. Supp. No. 30 1176 MOTOR VEHICLES AND TRAFFIC Sec. 1$-~8. Same-Non-handicap spaces. The fine for stopping, standing and parking a vehicle in violation of provisions, other than hand- icap parking provisions, of this article shall be in the amount of twenty-five dollars ($25.00). (Ord. Na. 40-SO„ § 1, 12-13-90; Ord. No. 5-96, § 1, 1-25-96) Editor's notE~Ordinance No. 40-90, adopted Dec, 13, 1990, did not specifically amend this Cade; hence, inclusion of § 1 as § 18-38 was at the discretion o#'the editor. Supp. No. 30 1177 [The next page is 1225] l OFFENSES AND MISCELLANEOUS PROVISIONS § 19-183 and official zoning map o£ the village, and Sec. 19-120. Exemptions. as a result of any noise source outside of the property in question may the follow- The following are exempt from the operation of ing sound pressure levels be exceeded: this article: a. Day: Fifty-five {55) dBA. (1) All public parks, schools, playgrounds and b. Night: Fifty (50) dBA. recreation areas specifically designated for such activity in performance of that (2) At no paint on the boundary of or within activity. the area zoned C-1, C-2, C-A, Or C-1A, according to the zoning code of the village (2) All equipment tests required by law. and official zoning map of the village may (3) All procedures or processes required by the following sound pressure levels be law. exceeded as a result of any noise source outside the property in question: (4) All accidental soundings of equipment or mechanical failure of equipment making a. Day: Sixty (60) dBA. noise prohibited in this article. b. Night: Sixty (60) dBA. (5) All emergency backup equipment operat- (3) Far any source of sound which emits a ing during a declared state of emergency discrete torso, the sound level limits set in or extended power outages. subparagraphs a. and b. of this section (0) Operation of emergency backup equip- shall be reduced by five (5} dB. went for testing and maintenance. Test- (4) For any source of sound measured at the ing and maintenance operations shall be source, the maximum sound levels shall prohibited on weekends, national holi- not exceed the sound level limits in sub- days, and between the hours of 4:00 p.m. paragraphs a. through c. of this section and 10:OD a.m. weekdays; provided, that by: maintonance and testing operation of emer- gency backup equipment shall not exceed a. Ten (10} dBA from 7:00 a.m. to 10:00 74 dBA in any zoning district. p.m. in a residential area. {Code 1970, § 22-23; Ord. No. 5-75, § 1, 6-12-75; b. Five (5) dBA from 10:00 p.m. to 7:00 Ord. No, 12-2005, § 1, 7-14-05) a.m. in a residential area. c. Ten {10) dBA at all times in commer- Secs. 19-121-19-144. Reserved. cial, manufacturing, industrial or ag- ricultural land use work.° (Code 1970, § 22-20; Ord. No. 5-75, § 1, 6-12-75; ARTICLE VII. RESERVED Ord. No. 17-76, § 1, 9-23-76; Ord. No. 34-2000, § 5, 11-9-00) Secs. 19-145-19-182. Reserved. Sec. 19-119. Special permits excepted. ARTICLE VIIL WEAPONS The operational performance standards estab- lishod by this article except for operating motor Sec. 19-183. Possession. vehicle noise shall not apply to any public perfor- mance being conducted in accordance with the (a} Except within his own domicile, no person provisions of a special permit granted by the shall have in his possession, or carry or use, any village far the conduct of a public performance nor air gun, BB gun, gas-operated gun or spring gun to any emergency work, as defined by section or any instrument, toy or weapon commpnly known 19-99. as a "peashooter," "slingshot" or "beany" or any (Code 1970, § 22-22; Ord. No. 5-75, § 1, 6-12-75} bow made for the purpose of throwing or project- Supp. No. 39 1235 § 19-183 NORTH PALM BEAOH OODE i ing missiles of any kind by any means whatso- window facing any street, any brass or metal t ever, whether such instrument is called by any knuckles, ox any club loaded with lead or other name set forth above or by any other name, weight, or any blackjack or billy club. (b) Nothing herein contained shall be con- (c) Record of sales required. Every secondhand strued to prevent the concealed or open carrying dealer, pawnbroker or other person engaged in of any type of gun whatsoever when unloaded and the sale, rental or exchange of any weapons properly encased, to or from any shooting range or described in sections 19-183 and paragraph (b} of shooting gallery or to or from an area where this section shall keep a record of each such hunting is allowed by law. weapon purchased, sold, rented or exchanged at (Code 1970, § 24-72; Ord. No. 20-88, § 1, 8-11-$8) retail. Sec. IS-184. Carryiing concealed weapons. {1} Time of recordation, The record shall bo made at the time of the transaction, in a (a) No person shall wear under his clothes, or book kept for that purpose, and shall conceal about his person, or display in a threat" include the name of the person to whom erring manner, any dangerous or deadly weapon such weapon is sold or from wham such including, but not by way of limitations, any weapon is purchased; his or her age, phys- slingshot, cross-knuckles, or knuckles of lead, ical description, occupation, residence, and, brass or other metal, or any bowie knife, or any if residing in a municipality, the street knife resembling a bowie knife, or any knife with and number where he or she resides; the ~ a switchblade or device whereby the blade or date of the purchase, sale, rental or ex- blades can change of such weapon; and the name of be opened by a flick of a button, pressure on the the employee or other person making such handle, or other mechanical contrivance. purchase, Salo, rental or exchange. (b) This section shall not be construed to forbid (2) Daily reports. Daily reports shall be deliv- United States marshals, sheriffs, constables and Bred to the director of public safety of their deputies, and any regular, special or ex every such purchase, sale, loan or gift. officio police officer, or any other law enforcement The report shall be on forms provided by officer from carrying or wearing, while on duty, the director of public safety and shall set such weapons as shall be necessary in the proper forth the naive in full, the residence, age discharge of their duties. and physical description and the occupa- {Code 197Q, § 24-73) Lion of the person to whom or from whom such dangerous or deadly weapon has Sec. 1J-185. Sales restricted, been purchased, sold, loaned or given. {a) Sale of switchblade knives prohibited. No {Code 1970, § 24-74} person shall sell, offer for sale, ar display any knife or knives having the appearance of a pocket Sec. 18-1$6. Forfeiture; dispositioxe. knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or (a} Every person convicted of a violation of this other mechanical devices. Such knife is hereby article shall forfeit to the village such dangerous declared to be a dangerous or deadly weapon or deadly weapon so concoaled ar displayed. within the meaning of section 19-183, and shall be subject to forfeiture to the village as provided in (b} Every police officer, upon making any ar- this article. rest and taking a weapon used in violation of articles I through V and this article of this chap- (b} Display and sale of specified weapons. No ter, shall deliver the same to the judge to be held pawnbroker, secondhand dealer or other person by him until the final determination of the pros- engaged in business in the viIlage shall display or ecution for such offense; and, upon the finding of place on exhibition in any show window or other guilt, it shall then be the duty of such judge to Sapp. No. 30 1236 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-200 deliver such weapon forthwith to the director of public safety who shall make disposition of the weapon. (Code 1970, § 24-75) Secs. 19-187-19-198. Reserved. ARTICLE IX. WATER SHORTAGE EMERGENCIES Sec. 19-200. Definitions. For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given herein. When not incon- '^Editor's note-Ordinance No. 6-81, I 6 and 9, en- acted May 14, 1981, has been codified as Ark. IX, 19-200- 19-206, at the editor's discretion. Such provisions did not expressly amend the Code. Cross references-Civil emergencies, Ch. 8; health and sanitation, Ch. 14; planning and dovelopment, Ch. 21; streets and sidewalks, Ch. 24; swimming pools, Ch. 25; trees and shrubbery, Ch. 27; subdivisions, App. B; zoning, App. C. Supp. No. 30 1236.1 t APPENDIX C-ZONING § 45-36 exceeds four (4) stories or sixty (60) feet shall be a prominent notice that a village where any portion of said building or of building permit in noway offsets the deed the property upon which it is located is covenants, and that the applicant should within five hundred feet of any R-1, single- also check the deed covenants to protect family dwelling district. himself. B. Swimming pools shall be set back at least E. In the event one (1) lot, ar portion thereof, seven and one-half (T!2) feet from the and the whole or a portion of a contiguous back property line measured from the rim lot, all in one {1) ownership, shall be used of the pool and not less tban five (5) feet as one (1) building site for one (1) resi- from the side property Iine including the dente building, and its appurtenant out- two-and-one-half-footwalkaround the pool. buildings permitted by this ordinance, The highest projection of the swimming then while so owned and used the side pool shall not exceed two (2) feet. Outdoor lines and rear line of such site shall be fireplaces not exceeding six {6) feet in deemed to be the side and rear lot lines of height may be erected and maintained, such sites. said structure, however, shall not be erected F No business, professional, ar commercial within five {5) feet of any rear lot line, activity shall be conducted upon any por- (e) Swimming pools may be enclosed by Lion of real property zoned R-1 single- screening provided same are not family dwelling district, R-2 multiple- erected closer than five (5) feet from family dweIling district and R-3 apartment the side and rear yard lines. dwelling district or within any dwelling (b) No swimming pool shall be located thereon or upon a dock, pier or other in the area lying betwoen tho front waterside structure appurtenant thereto property line and the front building and attached to such real property, other line in the R-1 and R-2 zoning dis- than as provided by section 17-2. tricts. G. In all multifamily residential buildings C. Detached garages not more than ono (1) two {2) stories or greater in height, and in story in height may be erected and main- all commercial buildings aver four (4) sta- tained within seven and one-half (7'!z) ries in height, which are not equipped feet of the rear line of any such lot. with elevators provided with standby emer- gency power and having minimum cab D. Walls and fences built within the area dimensions which will permit the use of between the property line and the build- the elevator cab by normal size erner- ing setback line shall not exceed six (fi} gency ambulance stretchers, and in all feet in height; provided, howevor, that no commercial buildings two (2) stories to walls or fences may be erected between four {4) stories in height which are not the front yard setback and the street line, equipped with elevators having minimum nor may walls ox fences exceed four (4) cab dimensions which will permit the use feet in height for a distance of forty (40) of the elevator cab by normal size emer- feetfrom any body of water located within gency stretchers, there shall be a mini- the village. On corner lots, walls or fences mum of one (1) access stairway serving shall not exceed four (d) feet in height every story. Such stairway shall have the within the area between the side line of following minimum dimensions: the lot which fronts on a street, and the front building setback line extended of the (1) Minimum width of stairway to be adjacent side street lot. On all building five (5) feet. permits for walls or fences greater than (2} Minimum dimensions of all landings four (4) feet in height that are to be to be ten {10) feet by six (6} feet, six located outside building setback lines, there (6} inches. Supp. No. 30 2511 § 45-36 NORTH PALM BEACH CODE H. Patios connected to the rear of a dwelling work, dismantling or servicin of an g Y unit may be enclosed by screening pro- bind unless expressly permitted by vided there shall be a rear yard of not less the zoning of the district in question. than fifteen (15) feet measured from the f. If lighting of such areas is to be rear of the screened enclosure to the rear provided, the plans therefor shall be lot line. such that such lighting shall reflect I. There shall be a front yard of not less than away from any public street and at forty (40) feet measured from the street such an angle as to prevent glare or line to the front building line in the case of undue illumination of residential Lots 11 to 35 inclusive, Block 3, as shown properties in the neighborhood. on the plat of Village of North Palm Beach, K. No carnival, fair, amusement park or cir- Plat 1, recorded in plat book 24, page 205, cos shall be carried on in any residential Public Records of Palm Beach County, or commercial zoning district in the Vil- Florida. loge of North Palm Beach, including zon- J. Whenever, by this ordinance, off=street ing districts R-1, R-2A, R-3, C-A, C-1A, parking is required in any commercial C-1 and C-2; provided, however, that a district or in any R-3 apartment dwelling carnival, fair or circus may bo carried by a district, no such parking facilities shall be nonprofit organization to coIIect foods to hereafter constructed until a permit there- further the purposes of such organization for shall have been issued by the building at the premises where the organization is inspector, and until the plans and specifi- located within the Village of North Palm cations therefor are such that: .Beach. No such carnival, fair or circus shall extend for mare than three {3) con- a. Such off-street parking area is de- secutive days, and nv such carnival, fair signed with appropriate means of or circus may be open to the public be- vehicular access to a public street nr tween the hours of 10:00 p.m. and 10:00 alley. a.m. during any day. A permit for such b. Such off-street parking area is de- permitted carnival, fair or circus must be signed with appropriate vehicular obtained from the office of the village maneuvering areas. manager. There will be nn charge or fee for such permit. c. Such ofF street parking area is paved with an asphaltic or concrete surfac- L. No gasoluze or oil filling stations and no ing, or other material designed to service station shall be erected within five prevent dust. hundred (500) feet of any church, hospi- tal, school or other similar institution d. Such off=street parking area is so where large numbers of pedestrians con- constructed, graded and surfaced as gregate, nor within five hundred (500) to prevent surface water from drain- feet of the location in said village of ap- ing ante public right-off way, nr on other gasoline or oil filling station or adjoining properties, the outlets fox service station. No church, hospital, school such surface waters to be connected or similar institution where large num- directly or indirectly to storm sewer hers of pedestrians congregate shall lo- conduitsterminating in existing pub- cote or operate within five hundred (500) licly controlled waterways or in other feet of any gasoline or oil filling station or seepage areas approved by the build- service station. ing departmont. The method of measurement that shall e. Such off-street parking areas shall apply in such cases shall be by measure- be used far vehicular traffic only, ment of the airline distance made or taken with no sales, dead storage, repaix Supp. No. 30 2512 APPENDIX ZONING § 45-36 other than the applicant owns two (2) feet in height, by means ar leases any property, includ- of one (1) or more planter boxes ing any sidewalk or other pub- and other plant container, by lac passageway, upon [which] means of some other approved the outdoor seating would be divider, or any combination of located. such means, but not including c. Photographs, renderings, or tables, chairs or other seating. samples showing the style and f. Outdoor seating areas may only color of all furnishings, fencing, contain tables, chairs, umbrel- screening, or dividing material las and/or awnings and required to be used for or in conjunction fencing or screening materials. with the outdoor seating. All such equipment shall be {3) Conditions of outdoor seating. Out- compatible in color and style door seating shall comply at all times with the exterior of the build- with the following conditions: ing and shall not contain or have affixed to it any sign, let- s. Outdoor seating shall be ar- tering or advertising of any kind. ranged, when in use, in a man- ner that allows a pedestrian g• Outdoor seating shall be main- walkway in compliance with ap- twined in a secure manner, placable building codes and fire whenever the food service es- codes. tablishment is closed to the pub- lic. b. Outdoor seating located on a pedestrian walkway which pro- h. Establishmonts with outdoor vides access to more than one seating with food and beverage (1} occupant of a building, as in service shall meet all health a shopping center, shall be ar- code and other applicable code ranged, when in use, in a man- requirements of restaurants. ner that maintains a passage of i. Any permanent ar temporary not less than five {5} feet in structures associated with out- width. door seating, including, but not c. Outdoor seating of an applicant limited to, awnings and cov- shallnot belocated on any side- ered roofs shall not encroach walk, passageway, or other prop- into the required building set- erty adjacent to any other busi- back areas. Tables, chairs, um- ness. brellas, fencing, screening and d. Outdoor seating shall not oc- dividing materials shall not be cupy any area designated for located closer to the 2property parking Iine than two-thirds (la} of the required front, side or rear build- e. Outdoor seating which is used ing setback. for the service and sale of food or beverages of any kind within {`1) Limitations on use. Except for out- the outdoor seating area, shall door seating located in an inner court: be physically separated and vi- a. All sales and service of food and sually distinct from any imme- beverages in an outdoor seat- diately adjacent public passage- ing area are prohibited between way ar walkway by means of the hours of 10:30 p.m, and approved fencing or screening 7:00 a.m., Sunday through material which is not less than Thursday, and between the Supp. No. 30 2512.3 § 45-36 NORTH PALM BEACH CODE hours of 11:00 p.m. and 7:00 Cultural resource. Asite, object, structure, build- a.m., Friday through Saturday. ing or district listed in the Village's register of b. Outdoor seating areas shall be historic sites. in compliance with the village's Demolition. The tearing down or razing of noise regulations. twenty-five (25) percent or more of a structure's external walls. (5) General requirements. Outdoor seat- ing which increases the total num- District. A geographically definable area pos- her of seats available at a food ser- sessing a significant concentration, linkage, or vice establishment shall be considered continuity of sites, buildings, structures, objects, an expansion of use. Such outdoor or areas, which are united historically or aesthet- seating shall be included in any cal- ically by plan or physical development. A district culation of the total number of seats may be comprised of individual resources which provided by the food service estab- are separated geographically but are linked by lishment but not limited to parking, association or history. restroom facilities and occupational Object. A material thing of functional, aes- licenso fees. thetic, cultural, historical or scientific value that (Ord. No. 209-7fl, § 1; Ord. Na. 2-71, § I; Ord. No. 1-72, § 1; Ord. No. 11-74, § I; Ord. No. ll-75, § 1, may Sae, by nature of design, movable, yet related to a specific setting or environment. 9-11-75; Ord. No. 2-7G, § 1, 2-26-7fl; Ord. Na. 3-77, § 1, 2-24-77; Ord. No. 15-85, § 1, 9-12-85; Ord. No. Ordinary maintenance. Work which loos not 21-90, § 2, 6-28-90; Ord. No. 7-9I, § 1, 3-14-91; require a construction permit and that is done to Ord. No. 20-95, § 1, 7-27-95; Ord. No. 34-96, § 1, repair damage or to prevent deterioration or 8-22-9fl; Ord. No. 3-97, § 1, 1-9-97; Ord. No. 12-97, decay of a building or structure or part thereof as 3, 4, 2-27-97; Ord. Na. 2-98, § I, 1-8-98; Ord. nearly as pxacticable to its condition prior to the No. 6-99, § 1, 1-28-99; Ord. No. 03-2002, § 1, 2, damage, deterioration, or decay. 2-14-02; Ord. No. 04-2005, § 1, 2-10-05) Original appearance. That appearance (except for color) which, to the satisfaction of the village Sec. 45-37. Historic site overlay district, council, closely resembles the appearances of Di- ther: A. Purpose. The historic site overlay district is (1) The feature on the building as it was used to impose special development restrictions originally built or was likely to have been on identified areas. The locations of this overlay built, or district are established by the Village based on the need for special protective measures at those (2) The feature on the building as it presently locations. The historic site overlay district im- exists so long as the present appearance poses different standards than those that would is appropriate, in the opinion of the vil- otherwise apply. loge council, to the style and mateirials of the building. B. Definitions. [For purposes of this section, C. Creation of local register of historic sites. A the fallowing woxds shall have the meaning as- local register of historic sites is hereby created as cribed to them in this subsection:I a means of identifying and classifying varrious Building. A structure created to shelter any sites, buildings, structures, objects and districts form of human activity. This may refer to a house, as historic and/or architecturally significant. The local register will be kept by the director of public barn, garage, church, hotel, or similar structure. services. Buildings may refer to a historically or architec- turallyrelated complex, such as municipal build- D. Initiation of placement on local register. ings, or a house and barn. Parking lots and Placement of sites, buildings, structures, objects garages are hereby deemed to be "buildings." or districts on the local register may be initiated Supp. No. 30 2512.4 CODE CONA'ARATIVE TABLE Adoption Section Ord. No. Date Section this Code 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) 3 24-43(a)(1), (c) 4 Rpld 24-45 5 45-27.I;. 25-2003 9-25-03 1 6-17 26-2403 9-25-D3 1 19-213 27-20D3 9- 9-03 1 5-84(6), (8), (1D) 2 RpId 5-72 28-2003 10- 9-03 1 26-29 2 26-30 3 26-31 29-2003 10-23-D3 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) D3-2004 2-26-04 1 1$-20(a) 06-2004 4- 8-04 1-7 Added 2-51-2-57 14-2004 7- 8-44 1-3 App. C, § 45-34 16-2D04 7-22-04 1 Added 2-148{g} 2 DItd 2-158{d}{4) 17-2004 7-22-04 1 19-211 18-2404 7-22-04 1 Added 5-102--5-1D6 19-2004 7-22-04 1 21-21(h) 21-2004 8-12-04 1, 2 25-3, 25-4 23-2004 8-12-04 1 20-66(a} 27-2004 10-14-04 1, 2 Rpld 10-ll, 10-12 29-2004 10-28-04 1 36-23 36-2D04 12- 9-04 1, 2 2-115, 2-116 D1-2005 1-27-05 1 2-52 02-20D5 1-27-05 1 Added 10-13 03-2005 2-10-05 1 2-26 04-2005 2-10-D5 1 App. C, § 45-36 F. 07-2005 5-26-05 1 18-34 OS-2005 5-26-D5 1 2-156 12-2005 7-14-D5 1 19-120 15-2005 7-14-05 1, 2 18-34(c), (d) Supp. 1Vo. 34 2$89 LThe next page is 2933] t CODE INDEX Section Section PARIi.S, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT {Cont`dJ (Cont'd.) Direct transfers of eligible ro]lover dis- Vacancies 20-62(c) tribution.................,...... 2-170 Restrooms, failure to cooperate in keeping Discharged members . 2-169{a) neat or sanitary 20-2 False, misleading statements made to Tr'~c obtain retirement benefits prohib- Enforcoment of traffic regulations 20-5(2} ited 2-169(fl 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) Mombershi P Speed of vehicles 20-5(4) Application for mombership , 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 Nonassignability 2-169(6) PENALTIES. See: FINES, FORFEITURES Number and gender 2-169(e) AND OTHER PENALTIES Optional farms of benefits . . 2-162 Pension validity 2-169(c) PENSIONS AND RETIREMENT Prior service 2-165 Length of service award plan for volunteer Repeal or termination of plan 2-168 firefighters Tag on insurers 2-167 Benefit formula 2-170.6 Pension and cortain other benefits far gen- Contaet person 2-170.10 eral employees Effeetivo date 2-170.3 Bargaining unit employees 2-156{e) Eligibility . . . 2-170.4 Benefit amounts and eligibility Entitlemont age . . 2-170.5 Direct transfers of eligible rollover Plan, name of 2-170.2 distribution 2-157 Point system 2-170.11 Early retirement.,................. 2-148(d) Preretirement death benefit........... 2-170.7 Late rotirement 2-148(c} Purpose 2-I70 Preretirement death 2-148(e) Sponsor, name of . 2-170.1 Refund of contribution 2-148(8) Trustee and contact person............ 2-170.10 Retirement bonefit 2-148(6) Vesting provisions, schedule of , 2-170.8 Rethrement date 2-148{a) Pllage conic'ibutions 2-170.9 ~~ination of employment........ , 2-148(fj Pension and certain other benefzts for fire and police employees Benefit plan no. 2, optional {cost of ]iv- 13ene$t amounts ing adjustment) 2-158.1 Cost of Irvin 2-161( $enefit plan, optional g g) Applicability to employees 2-158{a) Disability retirement 2-161(e) Membex contributions Early retirement 2-161(6) Formula 2-161{c) Amount..,.,...,.,.,....,....... 2-158(d){l) 2-16 1(h} Duration 2-158(d)(2) Limitation on Normal retirement benefit.......... 2-161(a} Interest 2-158(d)(3) Preretirement death 2-161(d) Retirement benefit................. 2-158(c) Termination benefits and vesting.... 2-161{f) Retirement date 2-158(6) Board of trustees Definitions 2-146 Bring and defend lawsuits Discharged members 2-156(a) Powers 2-164(e) Incompetents 2-156(d) Composition 2-164(a) Membership Forfeiture of membership on board Application for membership 2-147(6) for absenteeism 2-164(6) Change in designation of beneficiary 2-147(c) Meotings . 2-164(d) Conditions of eligibility............. 2-147(a) Power and authority . . 2-166 Nonassignability 2-156(6) Reports and records 2-164(c) Normal and optional forms of benefits . 2-149 Contributions Pension validity 2-156(c) Employer 2-163(c} Repeal or termination of systom 2-155 Forfeitures 2-163(d) Retirement board Member 2-163(a) Additional rules and regulations au- State 2-163(6) thorized...................... 2-152 Definitions 2-159 Established........ 2-151 Supp. No. 30 2949 NORTH PALM BEACI3 CODE ~ - Section Section PENSIONS AND RETIREMENT (Cont'd.) PLANNING AND DEVELOPMENT (Cont'dJ Investing funds; custodian of securi- Annual public facilities update report 21-46(b) ties 2-153 Generally 21-4$(a) Oaths of office; meetings; quorum 2-154 Regulatory program 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 Plan for Volunteer Short title 2I-4i Firefighters Filing fees and costs for voluntary annex- 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 . 2i-2(b) Planning commission, advice af....... _ 21-2(d) PIERS Stormwater management 21-61 et seq. Docks and Piero, construction require- See: STORMWATER I1+IANAGEMENT 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 COMMISSEOIV subject Composition; conduct generally Archaeological site protection regulations. 21-101 et seq. Created 21-11(a) See: ARCHAEOLOGICAL SITE PRO- Meetings 2i-11{e) TECTION Membership 21-71(b) Board of adjustment Powers and duties . 21-li(d) Composition; conduct generally Zoning ordinances, changes tp _ _ 21-12 j Administrative orders, review of 21-21(d} Created 21-21(a) PLATS. See: SURVEYS, MAPS AND FLATS Decision of administrative official, ap- PLAYGROUNDS. See: PARKS, PLAY- peals to hoard fi om , , 21-21(e) GROUNDS AND RECREATION Hearing of appeals 21-21(x} Judicial review of decisions of board. 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 oxpendi- Stay of work and proceedings on ap- fuses 1-9 peal............ , 21-21(f) Department of public safety, provisions re Comprehensive plan police division . 2-75{b) Adoption 21-01 See: PUBLIC SAFETY DEPARTMENT Filing fees and costs for changes Elections; policemen to be present at pol]- Enactment and authority........... 21-1(a) ing Place 10-77 Feo; application 21-1(c) Fire division, provisions re police assis- Jurisdiction 21-1(b) tance Planning commission, advise of 21-1(d) Impersonating police officer 19-8 Concuil•ency management Pension and certain other benefits far 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 App]cation for membership 23-43 Intent and purpose Compensation 23-50 Comprehensive plan, implements- Greeted; purpose 23-~I2 tion of 21-43(a} Director of public safety, appointment to ManagementJmonitoring and regula- serve by 23-45 tart' program, estab]ishment 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 Supp. No. 30 2950