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Code of Ordinances Supplement 31 SUPPLEMENT N0. 31 May 200fi CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Loaseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2006-01, adopted January 26, 2008. See the Code Comparative Table far further information. Remove old pages Insert new pages xi-xvi xi xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 141-144 141-144.3 154.1-152 150.1-151 323-326 323---32fi.1 398.15, 398.16- 398.15-398.17 1053-1054.2 1053-1054.9 1225 1225 1227-1228.1 1227-1228.1 2819, 2820 2819, 2820 2889 2889 2935-2940 2935-2940 2942.1-2946 2943-2948 2950.1-2952 2951-2952.1 2955, 2956 2955, 2956 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name....... - - - • • . . . 3 Art. LA. Vision Statement 3 Art. II. Territorial Boundaries 3 Art. III. Legislative . . • - • - - 10.1 Art. IV. Administrative . . . . . . 15 Art. V. Qualifications and Elections 17 Art. VI. Transition Schedule ].8 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136.4 Div. 1. Generally 136.4 Div 2. Rules of Procedure 136.4 Art. III. Administrative Code I37 Div 1. Generally 137 Div 2. Audit Committee 139 Div: 3. Department of Finance 140 Div 4. Department of Records 140.1 Div. 5. Department of Public Safety 141 Div 6. Department of Public Services , 141 Div 7. Department of Library 142 Div: 8. Department of Country Club 142 Div 9. Department of Recreation 142 Art. N Manager 142 Art. V. Pensions and Retirern.ent Systems 143 Div. 1. Generally 143 Div. 2. Social Security 143 Supp. No. 31 ~ NORTH PALM BEACH CODE Chapter Page Div. 3. Pension and Certain Other Benefits for Gen- exal Employees 144.1 Div. 4. Pension and Certain Other Bonefits fox Fire and Police Employees 150.1 Div 5. Length of Service Award Plan for Volunteer Firefighters 161 Art. VI. Cade Enforcement Board 163 3. Alcoholic Beverages 211 4. Animals and Fawl . . . . 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 269 5. Boats, Docks and Waterways 3I9 Axt. T. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Dacus and Piers 328 Div. 5. Erosion Control Structures 333 Art. N Marine Sanctuaries 333 Art. V. Waterways Board 334 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. I.V. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General X155 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General 561 Art. II. Advisory Board 562 Art. ITT. Finances 563 10. Elections 615 Art. I. In General 617 Supp, No. 31 gii TABLE OF CONTENTS--Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Florida Fire Prevention Code 725 Art. III. Fire Division . 726 Div 1. Generally 726 Div. 2. Personnel 727 Div 3. Equipment 727 Div 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12-5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse $91 Div. 1. Generally . . . . 891 Div. 2. Garbage Collection and Disposal 891 Div. 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. IV. Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. 1I, Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1063 Art. II. Occupational Licenses X064.7 Art. III. Businesses Located Outside Village Limits 1060 Art. N Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 3J viii NORTH PALM BEACH CODE 1 Chapter Page 17.5 Reserved 1I21 18. Motor Vehicles and Traffic 1171 Art, I, Tn General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1174.1 I9. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Sexual Offenders and Sexual Predators 1228 Art. III. Offenses Against Property 1228.1 Art. N Offenses Against Public Morals 1228.1 Art. V. Offenses Against Public Peace I229 Art. VI. Noise Control 1229 Arita. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellfield Protection 1242 20. Parks, Playgrounds and Recreation _ 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings I292 Div. 1. Generally I292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 2I. Planning and Development 1343 Art. T. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 14II 23. Police I463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div. 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div. 1. Generally 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No. 31 Xlv TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 1575 Art. ITT. Reserved 1576 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV. Telecommunications Service Tax 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 16$4 Div. 1. Generally 1684 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General . . . . . . 2355 Art. II. Procedures for Subclivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV. Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 237$ Art. VIT, Legal Status . 2379 C. Zoning 2479 Art. I. In General 2481 Art. IT. Generally 24$5 Art. III. District Regulations 2486.2.4 Arts. IV, V Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods....... , . 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Coda Comparative Table-1970 Code 2869 Cade Comparative Table-Laws of Florida 2873 Supp. No. 31 ~r NORTH PALIY[ BEACH CODE Page Gode Comparative Table-Ordinances 2875 Charter Index 2933 Cade Index 2935 Supp. Na. 31 Zvi Checklist of Up-to-Date Pages (This checklist will be ugdated with the printing of each Supplement) From our experience inpublishing LooseleafSupplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate tho pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. Tn 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. Snpp. No. Title page 1 81, $2 25 iii 1 83 25 v, vi OC 133 28 vii, viii OC 135, 136 24 ~ OC 136.1, 136.2 24 x.i, x.ii 1 137, 138 30 x.iii 1 138.1, 138.2 30 xi, xii 31 138.3 30 xiii, xiv 31 139, 140 29 xv, xvi. 31 140.1, 140.2 28 1 25 141, 142 31 3, 4 25 143, 144 31 5, 6 25 144.1, 1442 31 7, 8 25 144,3 31 9, 10 29 145, 146 29 10.X, 10.2 29 147, 148 30 11, 12 25 148.1 30 13, 14 25 149, 150 29 15, 16 25 150.1, 15D2 31 17, 18 25 151 31 19 25 153, 154 26 65 29 155, 156 26 77 OC 156.1, 156.2 26 79, 80 OC 156.3 26 Supp. No. 31 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 157, 158 25 559 17 159, 160 25 561, 562 24 161, 162 25 563, 564 24 163, 164 25 615 OC 165, 166 25 617, 618 OC 167, 168 25 619, 620 29 169 25 671 2 211 OC 673 24 213, 214 19 695 13 263 OC 697 13 265, 266 OC 723 24 267, 268 27 725 24 269 27 7261 13 319 29 727, 728 5 321, 322 17 729 5 323, 324 31 777 OC 325, 326 31 779, 780 OC 326.1 31 781, 782 OC 327, 328 27 783, 784 OC 329, 330 27 785, 786 OC 331, 332 27 787, 788 OC 332.1 27 789 OC 333, 334 29 839 OC 335 29 889 OC 381 23 891, 892 25 383, 384 27 892.1 15 3$5 24 893, 894 OC 398.3, 398.4 7 895, 896 OC 398.5, 398.6 23 945 OC 398.7, 398.8 23 947, 948 27 398.9, 398.1D 23 997 OC 398.11, 398.12 25 999, 100D 22 398.13, 398.14 25 1051 OC 398.14.1, 398.14.2 25 1053, 1054 31 398.15, 398.16 31 1054.1, 1054.2 31 398.17 31 1054.3, 1054.4 31 399, 400 OC 1054.5, 1054.6 31 401, 402 OC 1054.7, 1054.8 31 403 OC 1054.9 31 453 OC 1055, 1056 27 455, 456 22 1057, 1058 27 507 22 1059,1060 27 509, 510 22 1061, 1062 8 511 22 1063, 1064 8 Supp. No. 31 [2~ CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1121 OC 1575, 1576 29 1171 OC 1627 9 1173, 1174 28 1629, 1630 27 1175,1176 30 1631 27 1177 30 1681 OC 1225 31 1683,1684 24 1227, 1228 31 1684.1, 1684.2 24 1228.1 31 1685, 1686 OC 1229, 1230 21 1687, 168$ 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, 2048 OC 1349, ].350 29 2049, 2050 OC 1350.1 29 2051, 2052 OC 1351, 1352 14 2053 OC 1352.1 14 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 2357, 2358 OC 1357, 1358 OC 2359, 2360 22 1359, 1360 OC 2361, 2362 22 1361, 1362 5 2362.1 22 1363, 1364 5 2363, 2364 OC 1365, 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 Sapp. No. 31 [3] NOR'I`H PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 2481, 2482 23 2510.45, 2510.46 25, Add. 2483, 2484 23 2510.47, 2510.48 25, Add. 24$5, 2486 23 2510.49, 2510.50 25, Add. 2486.1, 24$6.2 23 2510.51, 2510.52 25, Add. 2486.2.1, 2486.22 23 2510.53, 2510.54 25, Add. 2486.2.3, 24862.4 27 2510.55, 2510.56 25, Add. 2486.3 27 2510.57, 2510.58 25, Add. 2487, 2485 OC 2511, 2512 30 2488.1, 2488.2 18 2512.1, 2512.2 23 2489, 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, 2504 21 2517, 2518 22 2501,2502 25 2619 21 2503, 2504 28 2819, 282D 31 2504.1, 2504.2 29 2869, 2870 OC 2504.3 28 2871 OC 2505, 2506 10 2873 OC 2507, 2508 13 2875, 2876 OC 2509, 2510 13 2877, 2878 OC 2510.1, 2510.2 25, Add. 2879, 2880 OC 2510.3, 2510.4 25, Add. 2881, 2882 14 2510.5, 2510.6 25, Add. 2883, 2884 14 2510.7, 2510.8 25, Add. 2885, 2886 19 2510.9, 2510.10 25, Add. 2887, 2888 25, Add. 2510.11, 2510.12 25, Add. 2889 31 2510.13, 2510.14 25, Add. 2933, 2934 25 2510.15, 2510.16 25, Add. 2935, 2936 31 2510.17, 2510.18 25, Add. 2937, 2938 31 2510.19, 2510.20 25, Add. 2939, 2940 31 251D,21, 2510,22 25, Add. 2941, 2942 29 2510.23, 2510.24 25, Add. 2943, 2944 31 2510.25, 2510.26 25, Add. 2945, 2946 31 251D.27, 2510.28 25, Add. 2947, 2948 26 2510.29, 2510.30 25, Add. 2949, 2950 30 2510.31, 2510.32 25, Add. 2951, 2952 31 2510.33, 2510.34 25, Add. 2952.1 31 2510.35, 2510.36 25, Add. 2953, 2954 25 25].0.37, 2510.38 25, Add. 2955, 2956 31 2510.39, 2510.40 25, Add. 2965, 2966 28 2510.41, 2510.42 25, Add. 2967 25, Add. 2510.43, 2510.44 25, Add. Supp. No. 31 [4] ADMINISTRATION § 2-84 DIVISION 5. DEPARTMENT OF PUBLIC {5) Traffic. Plan and conduct the control of SAFETY•~ traffic, the traffic educational program, the school patrols, the coordination of Sec: 2-75. Director's duties. traffic accident prosecution. The director of public safety shall direct the (6) Radio. To operate and maintain radio police and fire work of the village, be responsible equipment. for the enforcement and maintenance of law and (c) Fire. The fire division shall be charged with order and shall: the prevention of fires and the protection of life (1) Make assignments. Assign officers to their and property against fire and shall: duties. (1) Report losses. Report all fire losses to the (2) Designate instructor. Designate a compe- village manager. tent officer of the department to act as (2) Maintain equipment. Be responsible for instructor. Such officer shall conduct such the maintenance and care of all property schools as the director shall order. and equipment used by the department_ (Code 1970, § 2-39) (3) Fire fighting. Be responsible for the extin- Sec. 2-76. Divisions. guishment of fires, the saving of life and property from fire, and the performance of (a) Generally. Tho department of public safety various miscellaneous public services of shall be divided into the fallowing divisions: Po- an emergency nature. lice and fire. (4) Fire prevention. Be responsible for the {b) Police. The police division shall have the inspection of potential fire hazards, the following duties: abatement of existing fire hazards and {1) Records. Provide and maintain: the conducting of an educational fire pre- vention program. a. Tho central complaint desk and dis- patching police records; (5) Emergency medical services. Provide emer- gencymedical and trauma treatment and b. Criminal and noncriminal identifica- emergency transportation in and for the ~On> village. c. The identification of property; (Code 1970, § 2-39; Ord. No. 21-2005, § 1, 9-22-05} d. The custody of property; and Secs. 2-77-2-83. Reserved. e. The operation of detention centers. (2) Patrol. Provide and maintain motor and DIVISION 6. DEPARTMENT OF PLTSLIC foot patrol units, and make routine inves- SERVICES# tigations. (3) 7nUestigatiorx. Conduct the investigation Sec. 2-84. Director's duties. of crimes and prepare evidence for the The director of public services shall be respon- prosecutian of criminal cases. Bible for all matters relating to construction, man- (4) Crime prevention. Make plans and prlice- agement, maintenance and operation of the ghys- dures for the prevention and control of ical properties of the village. juvenile delinquency, handle cases in which (Code 1970, § 2-40) Cross reference-Director of public services to erect WOIXIen are involved, TemOVe Crlme haZ- signs at public park and recreation facility entrances, § 20- ards and coordinate community agencies 1(6). interested in crime prevention. 'Cross references-Garbage, trash and refuse, § 14-16 et Cross references-Fire prevention and protection, Ch. seq.; parks, playgrounds and recreation, Ch. 20; streets, 12; provisions on fire division, § i2-29 et seq.; police, Ch. 23. sidewalks and public places, Ch. 24. Supp. No. 31 § 2-85 NORTH PALM BEAGH GODS Sec. 2-55. Divisions. DIVISION 8. DEPARTMENT OF COUNTRY The department of public services shall be CLUB' divided under the director of public services into Secs. 2-102, 2-103. Reserved. the following divisions and bureaus and supervi- sors thereof: Editor's note-Former 2-142 and 2-103 were deleted as being superseded by the provisions of Ord. No. 39-90, (1) Division of permits and inspections, which adopted Nov. 19, 1990, which enacted provisions relative to shall issue all permits for, and inspect the the country club administrative board, codified ~ Ch. 9, Art. work involved in, the construction of side- lI. walks, curb cuts, street cuts; inspect all Secs. 2-104-2-109. Reserved. work done under the provisions of the electrical, plumbing and building codes of the village; and inspect all premises, in- DIVISION 9. DEPARTMENT OF eluding structures and appurtenances RECREATION thereon, for safety features. Sec. 2.110. Director's duties. (2) Division of facility maintenance, which The director of recreation shall plan, pxomote, shall repair and maintain all village owned organize and supervise a comprehensive munici- buildings, irrigation systems, street lights, p~ recreation program, and administer the samo parks, electrical, mechanical and plumb- in the interest of the entire community, and shall: ing systems and custodial services (except the North Palm Beach Country Club). {1) Supervise recreation areas. Supervise the recreational use of playgrounds, playfields, (3) Division of municipal garage, which shall recreation centers, ball diamonds and such operate the municipal public works com- other recreation areas and facilities as % plea, and shall maintain and provide for may be made available to carry out the l village uses all automotive equipment village's recreation program. owned by the village. {2) Conduct community activity. Conduct and (4) Refuse disposal division, which shall col- supervise any form of recreational, cul- Iect garbage and rubbish. tural or social activity that will employ (5) Street maintenance division, which shall the leisure time of the citizezrs in a whale- maintain and provide for adequate drain- some and constructive manner. age an all streets, sidewalks and bridges. (3) Village parks. Operate and maintain all {Code 1970, § 2-40; Ord. No. 24-2001, 1, 2, village parks. $-9-01; Ord. No. 22-2005, § 1, 8-30-05) (Code 1970, § 2-42; Ord. No. 22-2005, § 2, 5-30-05) Secs. 2-86-2-92. Reserved. Secs. 2-Ill-2-ll4. Reserved. DIVTSION 7. DEPARTMENT OF LTBRARY~ ARTICLE IV. MANAGER~`* Sec. 2-93. Librarian. Sec. 2.11. Residency. At the time of his appointment the village The department of library shall be supervised manager need not be a resident of the village or by the village librarian, who shall operate and maintain the free public library. 1'Charter reference-Club administration, Art. IV, § 6. {Code 1970, § 2-41} Cross reference-Country club administrative board, § 9-16 et seq. #Cross reference-Parka, playgrounds and recreation, Secs. 2-94-2-101. Reserved. Ch. 2o. ~''~Charter reference-Provisions relative to village man- $Cross reference-Library, Ch. 16. ager, Article N, 1--5. Supp. No. 31 142 ADMINISTRATION § 2-137 state, but shall attain residence within the village Sec. 2-1.18. Budget. limits within one 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. Na. 15-98, § 1, 7-9-98} Sec. 2-116. Removal. Secs. 2-ll9-2-121. Reserved. The village council may remove the village Secs. 2-122, 2-123. Reserved. manager at any time by a majority vote of tho D+ ditor's note-Ord. No. 15-80, § 3, adopted July 24,1980, members. In the event the village manager is repealed 2-122 and 2-123, relative to the appointment and removed from office by the village council without duties of tho assistant village manager, respectively. Such good cause during a time that the village manager sections formerly derived from Ord. Na. 5-79, § 2, adopted is willing and able to perform his duties, then, in Mar. g, 1979. that event, the village shall pay the village man- ager the following: Secs. 2-124-2-128. Reserved. (1) Accumulated sick leave and accumulated vacation pay; and ARTICLE V. PENSIONS AND RETIREMENT SYSTEMS {2} Continuation of managor's salary and re- lated insurance benefits under this agree- DNISION 1. GENERALLY ment for a period of: a. Three (3} months if the termination Secs. 2-129-2-135. Reserved. occurs during the first six (6) months of this contract; DIVISION 2. SOCIAL SECURITY` b. Six (6) months if the termination occurs thereafter; and Sec. 2-I36. Declaration of policy. (3) The village shall maintain at its expense It is hereby declared to be the policy and the insurances that cover the manager purpose of the village to extend, effective as of and his dependents for the months that October 1, 1956, to the employees and officials the village is obligated to continue salary thereof, not excluded bylaw, nar excepted herein, and benefit payments to the manager. the benefits of the system of old-age and survivors insurance as authorized by the Fedoxal Social The payments specified above shall relieve tho Security Act and amendments thereto, and by village of all obligations to the manager. ~S• Chapter 650, as amended; and to cover by (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; such plan all services which constitute employ- Ord. No. 23-97, § 1, 5-8-9'J; Ord. No. 36-2004, § 2, went as defined in F.S. section 650.02, performed 12-9-04) in the employ of tho village by employees and officials thereof. {Code 1970, § 26-11; Ord. No. 22-2001, § 1, 8-9-01} Sec. 2-117. Bond. Sec. 2-137. Exclusions from coverage. The village manager shall furnish a surety There is hereby excluded from this article any bond to be approved by the council, such bond to authority to include in any agreement entered be conditioned on the faithful performance of his duties. The premium of the bond shall bo paid by into under section 2-13$ of this article any ser- the village. *State Iaw reference-Social security far public employ- (Code 1970, § 2-28) ees, ES. Ch. 650. Supp. No. 31 143 § 2-137 NORTH PALM BEACH CODE r vice, position, employee, ar official covered as of Sec. 2-141. Records and reports. February 11, 1957, by or eligible to be covered by a then existing retirement system. (Code 1970, § 26-12) The village shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall Sec. 2-138. Agreement authorized. adhere to the regulations of the state agency. The mayor is hereby authorized and directed to (Cade 1970, § 26-16} execute all necessary agreements and amend- ments thereto with the division of retirement of Sec. 2-142. Withholding and reporting agent. the department of administration, as state agency, for the purpose of extending the benefits provided by the federal system of old-age and survivors (a} The village treasurer is hereby designated insurance to the employees and officials of the the custodian of all sums withheld from the village as provided in section 2-].36, which agree- compensation of officers and employees and of the went shall provide for such methods of adminis- appropriated funds far the contribution of the tration of the plan by the village as are found by village pursuant to this division. the state agency to be necessary and proper, and shall be effective with respect to services in em- ployment covered by such agreement performed (b) The village clerk is hereby made the with- an and after the first day of October, 1956. holding and reporting agent and charged with the (Code 1970, § 26-13) duty of maintaining personnel records for the purpose of this division. Sic. 2-139. Withholding from wages. (Code 1970, § 26-17} Withholdings from salaries, wages, or other compensation of employees and officials far the Sec. 2-143. Social Security Act adopted. purpose provided in section 2-136 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by The village does hereby adopt the terms, con- appIicable state or federal laws or regulations, ditions, requirements, reservations, benefits, priv- and shall be paid over to the state agency desig- ileges and other conditions thereunto appertain- nated by Iaw or regulations to receive such Wig, of title II ofthe Social SecurityAct as amended, amounts for and on behalf of all officers and employees of {Code 1970, § 26-14) its departments and agencies to be covered under the agreement. {Code 1970, § 26-15) Sec. 2.144. Appropriations by village. Editor's note-~.`itle II of the Social Security Act Is found in the United States Gode (and United States Code Anno- There shall be appropriated from available toted}, Title 42, 401-425. funds, derived from the general fund, such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the village as employer by applicable state ar federal Secs. 2-144, 2-145. Reserved. laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regula- tion. (Code 1970, § 26-15) Supp. No. 31 144 ADMINLSTRATION § 2-i46 DIVISION 3. PENSION AND CERTAIN member, or if no such person so designated is OTHER BENEFITS FOR GENERAL living at that time, the beneficiary shall be the EMPLOYEES* estate of the member. Sec. 2-146. Definitions. Board means the board of retirement, which shall administer and manage the system herein As used herein, unless otherwise defined or provided and serve as trustees of the fund. required by the context, the following words and Credited service means the total number of phrases shall have the meaning indicated: years and fractional parts of years of actual Accrued benefit is the benefit earned to date service with the village and shall apply to an using the normal retirement benefit. employee whose employment is terminated with the village and who recommences full-time em- Actuarial equivalence or actuarially equivalent ployment within two {2) years from the date of means that any benefit payable under the terms termination. of this plan in a form other than the normal form of benefit shall have the same actuarial prosent Earnings means gross salary, (including over- value on the date payment commences as the time) but excluding banusos or any other normal form of benefit. For purposes of establish- nonregular payments such as unused sick leave ing the actuarial present value of any form of and vacation time pay. payment, other than a lump sum distribution, all Effective date means the date on which this future payments shall be discounted for interest division becomes effective [January 13, 1983]. and mortality by using eight (8} percent interest plan year is from October 1 to September 30. and the 1983 group annuity mortality table for males with ages set ahead five (5} years in the Employee shall mean any actively employed case of disability retirees. For bargaining unit full-time general employees of the village, except employee group participants and general em- firemen and policemen. ployee group participants, the actuarial present value shall be a fixed interest rate of five and Final average earnings means the arithmetic twenty-five-hundredths (525) percent. average of the twelve (12) months earnings for the highest sixty (60) months of the one hundred Agreement means the written ordinance from twenty (120} consecutive months of service imme- which this division derived, setting forth the diately preceding the retirement or termination of provisions of the retirement system. a member. Assumed rate of return. The assumed rate of Fund means the trust fund established herein return for calculation of annual pension costs as part of the system. shall be eight (8) percent fixed. Member means an actively employed full-time Beneficiary means the persons or persons enti- employee who fulfills the prescribod participation fled to receive benefits hereunder and who has or requirements, after twelve (12) months employ- have been designated as such in writing by the went and will become a participant on the Octo- member and filed with the board. If no such her 1 of the next following year. designation is in effect at the time of death of the Spouse means the lawful wife or husband of a "'Editor's note-Section 13 of Ord. No. i-83, adopted Jan. member at the time of preretirement death or 13, 1983, repealed Drd. No. 10-82, adopted June 10, 1982, retirement, from which ordinance 2-146-2-156 formerly derived. At the d~scret~on ofthe editor, 1-11 of Ord. No. 1-83 have been System means the Village of North Palm Beach codified as herein set out in 2-1402-156. All funds and general retirement fund as contained herein and assets from the former system, as set out by Ord. No. 10-82, all amendments thereto. are transferred to this system, as set out by Ord. No. i-83, and all rights and benefits of members in that system will be (Ord. No. 1-83, § 1, 1-13-83; Ord. No. 13-83, § 1, credited to and maizxtained by this fund. 9-8-83; Ord. No. 36-90, § 1, 10-25-90; Ord. No. Supp. Na. 31 144.1 § 2-1.46 NORTH PALM BEACH CODE 9-94, § 1, 6-9-94; Ord. No. 12-96, § 1, 3-28-96; Ord. Sec. 2.148. Benefit amounts and eligibility. No. 25-2405, 1, 2, 9-8-05; Ord. No. 27-2005, 1, 2, 9-29-45) {a) Retirement date. A member's normal retire- Cross reference-Definitions and rules of construction ment date shall be the first day of the month generally, § 1-2. coincident with, or next following, attalrunent of his or her sixty-fifth birthday and the completion Sec. 2-147. Membership, of nine {9}full years of service with the village. A member may retire on his or her normal retire- (e) Conditions of eligibility. All employees as of meat date or on the first day of any month the effective date and all future new employees, thereafter, and each member shall become one except members of the fire department and police hundred {140) percent vested in his ar her ac- department, shall become members of this system cruel benefit on his normal retirement date. The as a condition of employment. normal retirement date described above shall apply only to members who are hired as general (b) Application for membership. Each current employees from and after the effective date of this and future eligible employee shall complete an ordinance. application form covering items set forth below, The normal retirement date for a member who and provide other information, as may be pre- was a general employee of the village prior to the scribed by the board. effective date of this ordinance shaIl be the first day of the month coincident with, or next follow- (1) Acceptance of the terms and conditions of ~g~ attainment of his or her sixty-fifth birthday. the retirement system. Employeos who are vested and eligible to retire (2) Designation of a beneficiary or beneficia- shall have the right to file a written election to be r7es. considered retired on the day before death if such l (3) A certified statement as to prior medical employee should die prior to retirement. if an history. employee who is vested and eligible to retire dies prior to retirement without making the foregoing (4) A written release allowing distribution of election, the election can be made by the employee's all medical records to the board. beneficiary previously designated in the village records. For the purposes of all benefits hereunder, an (b) Retirement benefit. Amember retiring here- application for membership shall be considered to under on or after his normal retirement date shall have been in effect from date of employment, even receive a monthly benefit which shall commence though officially accepted and approved by the on his retirement date and be continued thereaf- board at a later date. Failure to complete an ter during his lifetime, ceasing upon death. The application within ninety {g4) days of employ- member's annual pension benefit shall equal two went and written notice of this agreement shall (2) percent of final average earnings multiplied by constitute a deliberate choice to be excluded from the member's credited service for the first twenty the system. (20) years of credited service and one (1) percent for each year of credited service thereafter. (c) Change in designation of beneficiary. Amem- bermay, from time to time, change his designated (c) Late retirement. A participant who retires beneficiary without approval by the board of after his normal retirement date shall be paid the trustees ar previous beneficiary by written notice monthly benefit otherwise payable to the partici- to the board upon forms provided by the board. pant at his normal retirement date increased by Upon such change, the rights of all previously using the benefit formula for normal retirement designated beneficiaries to receive any benefits together with consideration of his additional years under the system shall cease. or fractional parts of years of credited service and (Ord. No. 1-83, § 2, 1-13-83) final average earnings. r Supp. No. 31 144.2 ADMINISTRATION § 2-145 {d) Early retirement. A member may retire after age fifty-five (55) and shall receive vested accrued benefit. If a member does retire early, his or her ponsion shall be actuarially reduced far early retirement. {e) Preretirement death. (1) If a participant who is no longer an em- ployee of the village dies prior to the 5upp. No. 31 144.3 r ADMINISTRATION § 2-159 action is based on an actuarial review by an DIVISION 4. PENSION AND CERTAIN enrolled actuary who is a member of the Society of OTHER BENEFITS FOR FIRE AND POLICE Actuaries. EMPLOYEES' (f) All portions of Division 3, Pension and Certain Other Benefits for General Employees, of Sec. 2-159. Definitions. Article V of Chapter 2 of the Cade of Ordinances ~ used herein, unless otherwise defined or that are not in conflict with this Section 2-158 required by the context, the following words and shall have full applicability to this optional ben- phrases shall have the meaning indicated: efit plan. (Ord. No. 12-96, § 2, 3-28-96; Ord. No. 28-96, § 1, Accrued benefit means the portion of a member's 7-25-96; Ord. No. 35-2008, 2, 3, 12-11-03; Ord. normal retirement benefit which is considered to No. 16-2404, § 2, 7-22-04) have accrued as of any date. A member's accrued benefit as of any date shall be equal to two and Sec. 2-15$.1. Optional benefit plan no. 2. one-half (2~'2} percent of his average monthly Cost of lining adjustment. The amount of pen- earnings multiplied by his credited service, with a sion benefit will be increased or decreased in maximum benefit equal to sixty {60) percent of accordance with the changes in the consumer average monthly earnings. For purposes of this price index published by the U.S. Bureau of Labor calculation, average monthly earnings and cred- Statistics. Adjustments of pension payments will iced service as of the date of determination shall be made on October 1 of each year reflecting the be used. The accrued benefit is considered to be change in the consumer price index aver the payable in the plan's normal form commencing on 12-month period ending April 1 of that year. The the member's normal retirement date, with such maximum increase or decrease in the member's date determined as through the member remains pension benefit for any ane (1) year is three (3) in full-time employment with the employer. percent. However, the membor's pension benefit Accumulated contributions means a member's can never be reduced below the amount the mem- own contributions plus interest credited thereto, ber received at date of retirement. Such adjust- fl' any, by the board. naents shall apply to each retirement, survivor or disability benefit in pay status as of each October Actuarial equivalence or actuarially ecluiaalent 1, means that any benefit payable under the terms This provision is mandatory for all employees of this plan in a form other than the normal form hired after the effective date of this section and of benefit shall have the same actuarial present such employees shall contribute two {2) percent of value on the date payment commences as the their salary for this benefit. The cost of living normal form of benefit. For purposes of establish- adjustment and contribution of salary as specified ing the actuarial present value of any form of in this section shall be optional with alI employ- Payment, other than a lump sum distribution, all ees who were hired prior to tho effective date of future payments shall be discounted for interest this ordinance. and mortality by using seven {7) percent interest and the 1.983 Group Annuity Mortality Table for The cost of living adjustment (COLA) set forth Males, with ages set ahead five (5) years in the herein shall apply to all forms of benefits set forth case of disability rotixees. In the case of a lump ixi sections 2-148, 2-149 and 2-158 of this Code. sum distribution, the actuarial present value shall For general employee group members and bar- be determined on the basis of the same mortality gaining unit employee group participants, the rates as just described and the Pension Benefit cast of living adjustment (COLA) shall not apply to lump sum calculations for employees hired by `Editor's note-Ordinance No. 9-82, enacted June 10, the 'village subsequent t0 the effective date of the 1982, did not expressly amend the Code; Bence, codification of 1-11 as herein set out in 2-159 2-159 was at the ordinance from which this section derives. discretion of the editor. (Ord. No. 13-2000, § 1, 5-11-00; Ord. No. 25-2005, Cross references-Fire division, § 12-29 et seq.; police, § 3, 9-8-05; Ord. No. 27-2005, § 3, 9-29-05) Ch. 23. Supp. No. 31 150.1 § 2-159 NORTH PALM BEACH COIF Guaranty Corporation's interest rates for fermi- has withdrawn, with interest, within. ninety {90) Hating single employer plans, which rates are in days after his reemployment, as provided in sec- effect: tion 2-160 below. (1} Ninety (90) days priox to the member's Further, an employee may voluntarily leave his date of termination if distribution is made contributions in the pension fund for a period of within six (8) months of such date, or five {5) years after leaving the employ of the (2) Ninety {90) days prior to the distribution employer, pending the possibility of his being date if distribution is made more than six rehired, without losing credit for the time he has (8) months after date of termination. Paxtzcipated actively as an employee. Should he not be reemployed within five (5) years, his con- Average monthly earnings means one-sixtieth tributions shall be returned to him without inter- of earnings of a member during the five (5) years est. of his employment within the last ten (10) years of Tt is provided further that credited service shall employment, which is greater than the total dur- include any service, voluntary or involuntary, in ing any othor five (5) years during the ten-year the armed farces of tho United States, provided period; pxovided that if a member shall have been the employee is legally ontitled to reemployment omployed for fewer than five (5} years, such under the provisions of the Universal Training average shall be taken over the period of his and Service Act or any similar law; and provided actual employment. further that the employee shall apply for reem- Beneficiary aneans the person or persons enti- ployment within the time and under the condi- tled to receive benefits hereunder at the death of bons prescribed by law. For any person who a member who has or have been designated in becomes a member of the system on ar after / writing by the member and filed with the board. If October 1, 1978, such military service shall Hat bo f` na such designation is in effect at the time of credited if he is recoiving or will receive in the death of tho member, or if no person so designated future a retirement benefit from the federal gov- is living at that time, the beneficiary shall be the ernment based in whole or in part on such mili- estate of the member. tary service. Board means the board of trustees which shall Early retirement date means for each member administer and manage the plan herein provided the first day of the month coincident with or next and serve as trustee of the fund. following the date an which he attains his fiftieth (50th) birthday. Credited service means the total number of Earnings means a member's gross salary, in- years and fractional parts of years of service eluding overtima, public safety pay increment and expressed as years and completed months, during special pay, but excluding bonuses, such as lon- which aperson serves as an employee as defined below, omitting intervening years and fractional gevity, safety and attendance awards and any parts of years, when such person may not be other nonregular payments such as unused sick employed by the employer; provided, however, leave ar vacation time pay. such person may have, without interrupting his Effective date means March 1, 1987, the date other years of credited service, up to one (1) year's on which this plan initially became efieective. The leave of absence. effective date of this xestated plan is the date as of which the village council adopts the plan. Notwithstanding the foregoing, no employee will receive credit for years or fractional parts of years Employee means each actively employed full- of service for which he has withdrawn his contri- time firefighter and police officer of the village. butions to the pension fund for those years or fractional parts of years of service unless he Employer means the Village of North Palm repays into the pension fund the contributions he Beach, Florida. Supp. No. 31 1502 ADNIINISTRA~ION § ~-1~9 Firefighter means any person employed in the fire department who is certified as a firefighter as a condition of employment in accordanco with the provisions of F.S. section 633.35, and whose duty it is to extinguish fires, to protect life, and to protect property. Fund means the trust fund established herein as part of the plan. Member means an employee who fulfills the prescribed participation requirements. Normal retirement date means fox each mem- ber the first day of the month coincident with or next following the date on which he attains his fifty-fifth (55th) birthday. A member may retire on this normal retirement date or on the first day of any month thereafter. Plan or system means the Village of North Palm Peach Fire and Police Rotirement Fund as contained herein and all amendments thereto. Plan year means each year commencing on October 1, and ending on September 3Q. Police officer means any person employed in the police department who is certified as a law enforcement offcor as a condition of employment in accordance with the provisions of F.S. section 94$.14, and who is vested with authority to bear arms and make arrests, and whose primary re- sponsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. Any public safety officer who is responsible for performing both police and fire services and who is certified as a police officer or firefighter shall be considered a police officer. Supp. No. 31 151 BOATS, DOCKS AND WATERWAYS § 5-18 boats must be equipped with a marine extend mare than thirty {30) percent of tho lagoon sanitation device acceptable under the width from the face of the bulkhead nor extend current regulations of the U.S. Environ- beyond the side property lines extended. mental Protection Agency, the U.S. Coast (Ord. No. 2006-01, § 1, 1-26-06) Guard and the state department of envi- ronmental regulation. Sec. 5-17. Authority of city to board boats (2) Marinas where persons may Iive aboard violating chapter, overnight shall be equipped with potable Any member of the department of public safety water and sanitary sewage facilities, in- shall have authority to board any boat in violation chiding showers, rest rooms and bath- of this chapter, ar which becomes a menace to houses located within the marina area navigation, and move or cause it to be moved to available for use by all persons who live another location and he shall have the right to aboard boats overnight. 1n addition, all hold such boat for the payment of costs incurred such marinas shall provide adequate elec- in its removal or storage. trscal and potablo water service, dockside, (Code 1970, § 11-54; Ord. No. 212-70, § 14; Ord. to each boat. Sewage service maybe pro- No. 200fi-Ol, § 3, 1-26-06) vided to each boat where persons are permitted to Iive aboard overnight, but in Sec. 5-18. Limitation on anchoring and moor- no event may holding tanks or sewage ing in prohibited area; mooring facilities aboard any boat be flushed within permit required. the marina area so as to cause any pollu- tion, damage or debris to any waters. It is declared to be unlawful for any person to anchor ar moor in a stationary position ar cause {8j A dockmaster or person shall be in charge any vessel tQ be in any portion of the prohibited of each marina and shall maintain a log area for a period of time of more than ninety-six which shall include a current list of per- (96} hours in any consecutive thirty-day period. sons registered to live aboard boats in The occupants of $uch vessel upon notice by the that marina, the register number of all department of public safety ar other authorized boats docked in the marina, and a deserip- person of the village shall obtain a mooring per- tion of the marine sanitation devices in- mit from the department of public safety within stalled in each boat, available at all tune eighteen (J.8} hours after notification and register for use and inspection by the village pub- the occupants and vessel an forms provided by the hic services department. This requirement department of public safety. A mooring permit fee is to aid in the protection of life and shall be required as established by the village property at marinas and to deter unau- council. thorized persons from being in the marina areas. The prohibitions provided herein shall not ap- ply to the following vessels: (4) The administrative, enforcement and ap- {Y} Vessels moored ar anchored far the pur- peal procedures of the village housing pose of making emergency repairs. code shall apply to this section. (Ord. No. 14-76, § 2, 7-8-76) (2} Vessels owned and operated by the fed- Gross reference-Housing code adopted by reference, eral or state government. § 15-1. {3) Vessels in the Intracoastal Waterway. Sec. 5-16. Mooring limitations in lagoons (4) Vessels permitted to engage in canstruc- (private docks}, tion or dredging activity until such time that said constriction or dredging activity Excluding lagoon end situations, for properties is completed, not to exceed statutory lim- fronting lagoons, no vessel that is moored shall itations. 5upp. No. 31 323 § 5-18 NORTH PALM BEACH CODE f 1 {5} Vessels seeking shelter or safe harbor owner, and in the event the vessel is not returned during hurricanes or periods of hurricane to the owner within a period ofthree (3) days after watch or warning, as issued by the Na- same has been taken into custody and im- tional Weather Service. pounded, the department of public safety shall (Ord. No. 12-98, § 2, 4-23-98; Ord. No. 2006-01, immediately send ar cause to be sent a written 2, 3, 1-26-06) notice of such impoundment by mail to the divi- sion of marine resources of the department of Sec. ~-19. Unlawfixlly anchored or moored natural resources, and shall file a copy of such vessels-Departanxent of public notice with tho person who has been authorized to safety to iuapound. have custody of the impounded vessel for the purpose of storage. Such notice shall include a The department of public safety of the village is complete description of the vessel, the date, time authorized and directod to take into custody and and place from which it was removed, the reason impound any vessel unlawfully anchored ar moored for such removal, and the name of the storage in the prohibited area and any such vessel taken facility or place where the vessel is stored. into custody and impounded under the authority (Ord, No. 12-98, § 5, 4-23-9$; Ord. No. 2006-OI, of the department of public safety shall not be § 3, 1_26-06) released thorefrom until the charges for towing such vessel and storage charges have been paid. Sec. ~-22. Same-iTnclaimed vessel to be The charge for towing or removal of any such sold; certification of sale. vessel and storage charges shall be the customary charges prevailing in the village for such services. (a) If the owner fails to claim the vessel within (Ord. No. 12-98, § 3, 4-23-98; Ord. Na. 2006-O1, twenty-one (21) days after the department of § 3, 1-26-06) public safety has sent its notice to the division of marine resources, such vessel shaIl be sold to the Sec. ~-20. Same-Owner to be notified upon highest bidder at public auction by the depart- irnpoundrnent. went of public safety at some place within the village; but, prior to the sale, a notice shall be Whenever any vessel is taken into custody and published once a week for two (2) consecutive impounded by the authority of the department of weeks in a local newspaper published in the public safety as authorized herein, and the name county and circulated in the village. Publication and address of the owner of such vessel can be shall be at least ten (10) days prior to the date of ascertained by the department of public safety, it sale. Such notice shall give the time and place of shall within forty-eight {48) hours give in writing sale and describe the vessel to be sold. A copy of or cause to be given notice in writing to such such notice shall be mailed to the owner if his owner of the fact of such removal and the reason name and address be known at least ten (10) days therefor and the place to which such vessel has before the dato of such sale. The village shall not been removed. guarantee title to such vessel or to deliver a title {Ord. No. I2-9S, § 4, 4-23-98; Ord. No. 2006-01, of ownership; but shall furnish the purchaser a § 3, 1-26-06) certificate in substantially the following farm: Certificate Number: Sec. 5-21. Same-Procedure in event owner cannot be found. CERTIFICATE OF SALE Whenever the department of public safety au- VILLAGE OF NORTH PALM BEACH, thorizes tho removal of such vessel from the DEPARTMENT OF PUBLIC SAFETY, FLORIDA prohibited area as authorized herein and the department of public safety does not know and is THIS IS TO CERTIFY that the following de- not reasonably able to ascertain the name and scribed vessel was impounded and placed in address of the owner of such vessel or for any the custody of the Department of Public Safety, other reason is unable to give the notice to the where it was held for twenty-five (25) days, Supp. No. 31 82~ BOATS, DOCKS AND WATERWAYS § 5-34 after which time the Department of Public provide proof of ownership and recovor back the Safety made every reasonable effort to find the proceeds of the sale in the time frame set forth owner of the same ar if found, such owner herein, the proceeds of sale shall be forfeited to failed to repossess same, this vessel was sold to the village. the highest bidder at public auction after legal (Ord. No. 12-98, § 8, 4-23-98; Ord. No. 2006-OI, advertisement. § 3, 1-26-06) This Certificate of Sale is therefor issued to: residing at Sec. 5-25. Use of vessel for dwelling pur- poses in prohibited area. Descrsption of vessel: It shall be unlawful of any person to occupy for dwelling purposes any vessel in the prohibited Dated at Village of North Palm Beach, axea except during the period covered by the Florida, this day of mooring permit referred to in section 5-17. 199 (Ord. No. 12-95, § 9, 4-23-98; Ord. No. 2006-O1, § 3, 1-2G-06) Name and Title of Officer (b) This form shall be in duplicate. The origi- Sec. 5-26. Fueling of marine craft. nal shall be given to the purchaser and the Fueling of floating marine craft at other than a duplicate bound in a book of record for the pur- marine service station is prohibited. poses intended. (Ord. No. 14-20D2, § 1, 5-9-02; Ord. No. 2006-01, (Ord. No. 12-98, § 6, 4-23-98; Ord. No. 2006-01, § 3, 1-26-D6} § 3, 1-26-06} Sec. 5-23. Same-Claia~ning of vessel by Secs. 5-2'1-5-32. Reserved. owner; payment o~ costs. The owner of such impounded vessel may take ARTICLE II. BOAT LAUNCI~IlVG AREA possession of such vessel at anytime prior to the time of sale provided herein, but such owner shall Sec. 5-33. Designated; use restricted. reimburse the village for all reasonable expenses for removal, storage, advertising and other ex- The boat launching area which is leased by the penses incurred as a result ofthe impoundment of village from North Palm Beach Utilities, Tnc., by such vessel. instrument dated May 10, 1960, and more partic- (Ord. No. 12-98, § 7, 4-23-98; Ord. No. 2D06-01, ularly described in Resolution No. 81 of the vii- § 3, 1-26-06) lags council, shall hereafter be known as the village boat launching area, and shall at all times Sec. 5-24. Same-Reclamation. of owner af- be used solely and exclusively for recreational ter sale. purposes by viIlage taxpayers or residents. {Code 197D, § 11-11) The proceeds from the sale of any impounded vessel shall not be expended or disbursed for Sec. 5-34. Repairs prohibited. ninety (9D} days after the date of such sale. At any time during such period, the owner, upon provid- No repair woxk upon boats, boat trailers or ing proof of such ownership of such vessel, evi- other boating equipment shall be permitted at the dented by documentary written evidence, may village boat launching area with the exception of recover back the proceeds of the sale, less all of minor repairs or adjustments essentially neces- the expenses incurred in regard to removal, stor- sary to make such boat, trailer or equipment age, advertising and a commission of five (5} operable or transportable to a professional facility percent on the gross sales price of such vessel for devoted to such repair service. the cost of making such sale. If the owner fails to (Code 1970, § 11-12) Supp. No. 31 $2~ § 6-35 NORTH PALM BEACH CODE f l Sec. 5-35. Permits required. ARTICLE III. CONSTRUCTION REQUIREMENTS" No boats or boat trailers shall be allowed to remain more than twenty-four (24) hours at the DIVISION 1. GENERALLY village boat launching area unless a written per- mit therefor has been secured from the village Secs. 5-49-5-55. Reserved. manager. Such permits shall be issued upon such reasonable regulations and upon such cost as shall be determined, from time to time, by the DIVISION 2. CANALS village council. {Code 1970, § ll-13} Sec. 5-56. Compliance with division. re- quired. Sec. 5-36. Abandoned boats and equipment- All canals for navigation and/or drainage pur- Disposition, poses to be dug or constructed within the corpo- rate limits of the village, dither in whole or in (a) It shall be presumed that the owner of each part, whether or not such canal is dedicated to the boat, each boat trailer, and each piece of boat public, shall be subject to the requirements set equipment found on the village boat launching forth in this division. area as to which there is not then outstanding a (Code 1970, § 11-21) currently effective permit issued under section 5-35 of this chapter, has abandoned such boat, Sec. 5-57. General requirements. boat trailer or piece of boat equipment. {a) A11 canals shall be provided with reinforced or prestressed concrete bulkheads which shall {b) Thereupon, it shall be lawful for the vil- meet the requirements of the village building code loge, through its officers or employees, to remove and the village ordinancos concerning zoning as such abandoned material from such area, destroy- they are concerned with bulkheads. ing that which is junk and disposing of all other material for the best price, and upon the best {b) All canals to be constructed in areas pro- terms available. The net proceeds of any such sale Posed to toe platted shall meet the requirements of shall be deposited in the general fund of the the subdivision ordinance of the village, as set out village. in Appendix B of this volume, and amendments (Code 1970, § 11-14} thereto, and must be approved as part of the plan of development of the proposed platted area. Sec. 5-37. Same-Recovery. (c) Canals to be constructed in unplatted areas shall meet the requirements of the village build- At any time within ninety (90) days after the mg code and aTI ordinances of the village relating to zoning, and plans for the construction of any disposition of any boat, boat trailer or equipment canal must be approved by the engineers of the under section 5-36 of this chapter, the owner, or village prior to the issuance of a building permit any person having any alleged interest in such for such canal. disposed of property, may, upon making proof of such ownership ar interest, recover back from the (Coda 1970, § 11-24) Cross reference-Zoning, App. C. village the proceeds of the sale, less all the ex- penses of caring for, moving, advertising and Sec. 5-68.. Navigation canals. making such sale. (Code 1970, § 11-15) Canals which maybe used for navigation shall have a minimum width of eighty (SO) feet face to ~Croes references-Buildings and building regulations, Secs. 5.38-5-48. Reserved. Ch. &; coastal construction code, § 6-15~ et seq. r Supp. No. 31 326 BOA'S, DOCKS AND WATERWAYS § 5-59 face of bulkheads constructed on the sides thereof, with the exception of the bottom profile require- ments dictated by the bulkhead design. All such canals shall have a minimum bottom elevation of minus eight {-8) feet mean sea level. (Code 1970, § 11-22} Sec. 5-58. Drainage canals. Canals which are constructed or dug for drain- ago purposes only and which may be used for drainage purposes only shall be of the width required to provide sufficient crass section for drainage requirements and shall have a mini- mum bottom elevation of minus eight {-8) feet mean sea level. The determination of whether or not the intended use of a canal is for drainage purposes only shall be set forth on the dedication of a plat if such canal is included in a platted area, and such determination for canals in unplatted areas shall be made by the village building inspec- tor. The village building inspector shall determine that a canal has been constructed for drainage Supp, No. 3~ 326.1 C BUILDINGS AND BUILDING REGULATIONS (B) Compliance with building and electrical (2) Over vehicular ways. All signs over vehic- codes required. All permanent signs, and the ular ways shall provide a minimum of illumination thereof, shall be designed, con- thirteen (13) feet six (6) inches of clear- structed and maintained in conformity with ap- ante. plicable provisions of the building and electrical codes adopted by the village. (F) Relationship to building features. Abuild- (C) Illumination standards. ing wall sign shall not extend beyond any edge of the surface to which it is attached, nor disrupt a (1} All illuminated signs shall be internally major architectural feature of the building. lighted and only by electricity. (2) All electric wiring shall be installed in {G) Maximum projection. A building wall sign conduit and concealed. The conduit shall may project no more than four (4) feet perpendic- be installed underground in accordance ularly from the surface to which it is attached. with the village electric code. (3) Electrically lighted signs shall be auto- (H) Maximum window coverage. The com- matically controlled to be disconnected bined area of permanent and temporary signs daily at midnight or at the close of busi- Alaced an or behind windows shall not exceed ten Hess if the advertised closing is later than {10) percent of the total window area at the same midnight. floor Ievol on the side of the building or unit upon which the signs are displayed. (4) Sign lighting may not be designed or located to cause confusion with traffic (I) format for multiple occupancy complexes. A lights. sign format for building wall signs to be placed on (D) Placement standards. multiple occupancy complexes shall be approved prior to a building wall sign being permitted to be (1} In right-of--way. Supports for signs or sign constructed, altared or remodeled after the effec- structures shall not be placed in ar upon a five date of this code. The sign format shall be public right-of--way or public easement. included as a submittal for authorization to erect (2) Over right-of--way. No ground sign shall such a sign and shall be maintained an file in the project over a public right-of--way. department of public services. As a minimum, the sign format shall specify the types, dimensions, {3) Blocking exits, fire escapes, etc. No sign or placement, colors, and shape of the signs and the sign structure shall be erected that im- pedes use of any fire escape, emergency style of lettering which shall lend a unified ap- exit, or standpipe. pearance to the signs of the occupants of the complex. The sign format shall only be modified {4) All ground signs shall be erected within with the approval of the planning commission landscaped areas. Minimum distance from upon submission of a revised plan and specifica- the edge of the landscaped area to the bons detailing the revised format. sign base shall be three (3) feet. The landscaping shall consist of shrubbery a (J) Signs required to be designed. The follow- minimum of thirty {30} inches high treat- ing signs shall be designed by a Florida registered ing a hedge or individual shrubs of the architect or engineer: same or varying species thirty (30) inches high spaced not more than eighteen (18) (7) Building wall signs that project perpen- inches apart at their base. dicularly from the surface to which it is (E) Clearance standards. attached and that are more than twelva {12) square feet in area. (1) Dver pedestrian ways. All signs over pe- destrianways shall provide a minimum of (2) Ground signs of more than forty {40) nine (9) feet of vertical clearance. square feet in area. Supp. No. 31 39$,15 NORTH PALM BEACH CODE (3) AlI signs shall be designed to withstand a this article. Furthermore, if any Bart, section, velocity pressure of fifty (50) pounds per subsection, paragraph, subparagraph, sentence, square foot. phrase, clause, term, or word of section 6-113 is (Ord. No. 24-93, § 2,10-14-93; Ord. No. 05-94, § 1, declared. unconstitutional by the valid judgment 3-10-94) or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall Sec. 6-118. Severability. not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, (a} Generally. If any part, section, subsection, term, or word of section 6-113, thereby ensuring paragraph, subparagraph, sentence, phrase, clause, that as many prohibited sign-types as may be term, ar word of this article is declared unconsti- constitutionally prohibited continue to be prohib- tutional by the valid judgment or decree of any ited. court of competent jurisdiction, the declaration of {Ord. No. 23-2005, § 1, 9-22-2005) such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term or word of Secs. 6-119-6-149. Reserved. this article. (b) Severability where less speech results. With- ARTICLE VI. ENERGY EFFICIENCY out diminishing or limiting in any way the decla- BUILDING CODE ration of severability set forth above in subsection {a), above, or elsewhere in this article, this Code, Sec. 6-150. Adopted by reference. or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, Under the authority of F.S. section 163.295, the phrase, clause, term, or word of this article is village hereby adopts, by reference thereto, the declared unconstitutional by the valid judgment Florida Model Energy Efficiency Code, far Build- or decree of any court of competent jurisdiction, ing Construction, 1986 edition, as the energy code the declaration of such unconstitutionality shall for the village. There have been for at least ten not affect any other part, section, subsection, (10) days last past and shall be during the time paragraph, subparagraph, sentence, phrase, clause, that this code is in effect, three (3) copies of such term, or word of this article, even if such sever- code and recozxxmended amendments kept avail- ability would result in a situation where there able for public use, inspection and examination. would be less speech, whether by subjecting pre- {Ord. No. 6-79, § 1, 4-26-79; Ord. No. 23-80, § 1, viously exempt signs to permitting or otherwise. 10_9.80} (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in ARTICLE VII. COASTAL CONSTRUCTION any way the declaration of severability set forth CODE* above in subsection (a} above, or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subpara- Sec. 6-151. Title. graph, sentence, phrase, clause, term ar word of The provisions contained herein shall consti- this article or any other law is declared unconsti- tutional by the valid judgment ar decree of any tute the coastal construction code for construction Court of competent jurisdiction the declaration of '"Editor's note-Ordinance No. 22-$6, § 1, adopted Dec. such unconstitutionality shall not affect any other 11, 1986, amended Art. VII in its entirety to read as herein set part, section, subsection, paragraph, subpara- out in 6-151-6-156. Formerly, Art. VII, 6-156-6-164, graph, sentence, phrase, Clause, term, or word of relative to the coastal construction code, derived from Ord. No. this article that pertains to prohibited signs, 3-86, § 1, adopted March 27, 1986. Cross references-Boats, docks and waterways, Ch. 5; including specifically those Signs and sign-typos construction requirements for canals, etc., § 5-56 et seq.; prohibited and not allowed under section 6-113 of bu]khead lines, Ch. 7; flood damage prevention, Ch. 12.5. 5upp. No. 31 398.16 BUILDINGS AND BUILDING RIIGULATIONS § fi-152 within the coastal building zone and coastal bar- rier islands in the viIlage and shall be referred to as the "coastal code." (Ord. No. 22-86, § 1, 12-11-86) See. 6-152. Purpose. The purpose of the coastal code is to provide minimum standards for the design and construc- tion of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the village which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stabil- ity of the beach, dunes and topography of adj acent properties, The coastal code is site specific to the coastal building zone as defined herein and is not applicable to other locations. In the event of a conflict botween this article and other sections of this Code, the requiremonts rosulting in the mare restrictive design shall apply. No provisions in this article shall be construed to permit any con- Supp. No. 31 3QS,17 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 ARTICLE I. IN GENERAL plate findings of fact and conclusions re- gardingall afthe basic elements considered Sec. 17-1. Cable television rate regulation. in the village council's determination. {Ord, No. 1-94, 1, 2, 1-13-94; Ord. No. 24-2002, § 1, 9-12-02} (a) Implementation, The village council does Editor's note-Ord. No. 1-94, adopted Jan. 13, 1994, has hereby implement cable television rate regulation been codified herein at the discretion of the editor as § 17-1. within the village consistent with Federal Com- munications Commission requirements. Sec. 1'7-2. Customer service requirements and performance standards. (b) Rate regulation requirements. (a) A Franchisee shall maintain alI parts of its (1) Any rate or charge established for cable cable system in good condition and in accordance television service, equipment, repair and with standards generally observed by the cable installation shall be reasonable to the television industry. Sufficient employees shall be public. In determining whether a rate or retained to provide safe, adequate, and prompt charge is reasonable, the village shall service for all of its subscribers and facilities. apply the cable television rate regulation criteria established by the Federal Com- (b) Cable system office. Unless this require- ment is expressly waived or modified by a fran- munications Commission ("FCC"). chise agreement, a franchisee shall maintain a (2) Should a franchisee desire to change any subscriber service center located within the vil- rate or charge, it shall submit a written loge, which shall include a place where subscrib- proposal for the amounts and effective ers may pay their bills, pick up and return con- date of such change to the mayor and venters or other equipment and initiate installations council who may instruct staff to evaluate or other action with respect to cable service. This the proposal in a manner consistent with service office shall be open during normal busi- FCC cable television rate regulation stern- ness hours, as defined below, which as of the lords and report this evaluation to the effective date of the ordinance from which this village council. The staff report shall be section derives, are from 8:00 a.m. to 5:30 p.m., placed before the village council at a duly Monday through Friday, and 9:00 a.m. to 1:00 noticed public hearing. The village will P•m. on Saturday. provide written notice of the public hear- {c) Telephone availability. Franchisee shall ing to the franchisee no later than seventy- maintain apublicly-listed Iocal, toll-free tele- two (72} hours prior to the public hearing. phone number and employ a sufficient number of The village may require the franchisee to telephone lines, knowledgeable personnel and an- notify each subscriber, in writing and/or swering equipment to allow reasonable access by via the cable system, of the proposed rate subscribers and members of the public to contact change and the date and time of the the franchisee on a full-time basis, twenty-four public hearing. At such hearing, the cable (24) hours per day, seven (7) days per week operator and members of the public will including holidays. Knowledgeable, qualified fran- be given an opportunity to present their chisee representatives will be available to re- respective views on the proposed rates. spond to subscriber telephone inquiries. ~anchi- Upon conclusion of the public hearing, the see shall comply with the telephone answer time village commission shall decide the main standards set forth in subsection (d) below. ter by majority vote and adopt a resolu- tion approving, disapproving or modifying (d) Franchisee shall answer all subscriber ser- the proposed rate changes and providing vice and repair telephone calls made undex non- such further relief as is appropriate and mal operating conditions, as defined below, within authorized by FCC rate regulation Stan- thirty {30}seconds, including wait time anal within Bards. The resolution shall set forth com- an additional thirty (30} seconds to transfer the 5upp. No. 81 1053 § 1'7-2 NORTH PALM BEACH CODE / call. Under narmal operating conditions, subscrib- (4} Franchisee mad not cancel an appoint ers shall receive a busy signal less than three E3} ment with a subscriber after the close of percent of the time. These standards shall be met business on the business day prior to the no less than ninety (90}percent of the time under scheduled appointment; and normal operating conditions, measured on a quar- terly basis. (5) If, at any time, an installer or technician is running more than thirty {30) minutes (e} Franchisee must meot each of the following late for a scheduled appointment, an at- tempt to contact the subscriber will be standards no less than ninety-five (95) percent of made and the appointment rescheduled the time under normal operating conditions as as necessary at a time which is conve- measured an a quarterly basis: nient for the subscriber. {1) Standard installation work shall be per- (fj The term "normal business hours" shall formed within seven (7) business days mean those hours during which most similar aftor an order has been placed except in businesses in the community are open to serve those instances where a subscriber specif- subscribers, which as of the effective date of this ically requests an installation date be- section, are from 8:00 a.m. to 5:30 p.m., Monday yond the seven-business-day period. "Stan- through Friday, and 9:00 a.m. to 1:00 p.m. on dard" installations are up to one hundred Saturday, or as otherwise defined by the FCC. In and twenty-five (125} feet from the exist- all cases, normal business hours shall include ing distribution system. If scheduled in- either soma evening hours at least one night per stallation is neither started nor com- week or some weekend hours. The term "normal pleted as scheduled, the subscriber will be operating conditions" means those service condi- telephoned by an employee of the franchi- tians which are within the control of the franchi- see the same day. If the call to the sub- see, or as otherwise defined by the FCC. Those scriber is not answered, an employee of conditions which are not within the control of the the franchisee shall telephone the sub- franchisee include, but are not limited to, natural scriber the next day; disasters, civil disturbances, power outages, tele- phone network outages and severe or unusual (2) Excluding conditions beyond the control weather conditions. Those conditions which are of the franchisee, the franchisee will re- ordinarily within the control of the franchisee spond to service interruptions promptly shall include, but are not limited to, special pro- and in no event later than twenty-four motions, pay-per-view events, rate increase, reg- (24) hours after the interruption becomes ular peak or seasonal demand periods, and rou- known. Other service problems will be tine maintenance or upgrade of the cable system. xesponded to promptly and in no event later than forty-eight {48) hours after the (g) Disconnection. problem becomes known. All service inter- (Y} Voluntary disconnection. ruptions and service problems within the control of franchisee will be corrected a. A subscriber may terminate service at any time. within seventy-two (72) hours after re- ceipt of a complaint; b. A franchisee shall promptly discon- nect any subscriber who so requests (3) The appointment window alternatives from the franchisee's cable system. made available for installations, service No period of notice prior to voluntary calls, repairs, and other installation activ- termination of service may be re- ities will be either a specific time, afour- quixed of subscribers by any franchi- hour time block during normal business see. So long as the subscriber re- hours, or at the election and discretion of turns equipment to franchisee's the subscriber, "all day"; service center located in the village Supp. No. 31 1054 LICENSES AND IvIISCELLANEOUS BUSINESS REGULATIONS § 17-2 or makes available to franchisee to of such services to the extent such rights pick up within three (3) business are consistent with applicable state and days of the disconnection, no charge federal law. may be imposed by any franchisee for such voluntary disconnection or (3) With respect to any disconnection, whether for any cable services delivered after requested or involuntary, a franchisee shall the date of disconnection request. comply with the rules and regulations of the FCC and applicable law regarding c. A subscriber may be asked, but not ownership, sale, removal and abandon- required, to disconnect the went of home wiring. franchisee's equipment. (h) Franchisee shall intentionally interrupt ser- d. Any security deposit and/or other vice only for goad cause and for the shortest time funds due the subscriber shaIl be possible. Franchisee shall use its best efforts to refunded on disconnected accounts insure that such interruptions shall occur only after the converter has been recov- during the hours of 1:00 a.m. to 6:00 a.m. franchi- ered by the franchisee. The refund see shall maintain a written log for all intentional process shall take a maximum of service interruptions. forty-five (45) days from the date disconnection was requested to the (i) Franchisee shall notify the village manager date the subscriber receives the re- or designee immediately if a service interruption fund. affects two hundred (200) or more subscribers far a time period greater than four (4) hours. {2) Involuntary disconnection. If a subscriber fails to pay a monthly subscriber or other (j} Franchisee shall cause all its field employ- fee or charge, the franchisee may discon- ees to wear a picture identification badge indicat- nect the subscriber's service outlet; how- ing their employment by franchisee. This badge ever, such disconnection shall not be ef- shall be clearly visible to the public. fected until forty-five (45) days after the date on which the applicable monthly bill (k) A franchisee shall develop written proce- was sent to the subscriber and advance dares far the investigation and resolution of all written notice of intent to disconnect to subscriber or village resident complaints that are the subscriber in question. The notice of received by the village. Such procedures shall be delinquency and impending termination submitted to the village manager or designee. A may be part of a billing statement pro- subscriber or village resident who has not been vided that the message is in bold or large satisfied by following the franchisee's procedures type or other similar manner designed to may file a written complaint with the village bring the information to the subscriber's manager or designee who will investigate the attention. If the subscriber pays within matter and in consultation with the franchisee, as forty five {~15) days after the date on which appropriate, attempt to resolve the matter. A the applicable monthly bill was sent and franchisee's performance in resolving subscriber after notice of disconnection has been and resident complaints in a fair and equitable given, the franchisee shall not disconnect. manner will bo considered in connection with the After disconnection, upon payment by the franchisee's renewal application. Franchisee shall subscriber in full of all proper fees ar maintain a complete list of alI complaints re- charges, including the payment of the ceived during the previous twelve (12} months reconnection charge, if any, the franchisee from subscribers that required a service call and shall promptly reinstate cable service. were not resolved within seven {7} days of receipt Franchisee reserves the right to deny ca- and the measures taken to resolve them. This list ble service to any subscriber who has been shall be compiled on a quarterly basis and, if such repeatedly disconnected for nonpayment unresolved complaints exist, submitted to the Sapp. No. 31 1054.1. § 17-2 NORTH PALM BEACH CODE k village upon request. In providing such informa- plications by the franchisee for renewal, tion, franchisee shall be obligated to protect sub- transfer or modification of its license. The scriber privacy in accordanco with federal law, village manager shall make such a re- (1} Franchisee shall permit the village man- quest in writing, with reasonable notice agar or designee to inspect and test the cable pear to the mailing of any billing by system's technical equipment and facilities upon franchisee, such that franchisee's regular reasonable notice which shall be not less than billing cycle shall not be interrupted. To seventy-two (72) hours except in the case of an the extent that any notice requested by emergency, as determined by the village manager the village would exceed the messaging limitations of the franchisee's billing sys- or designee. tam and would thus cause the franchisee {m) Franchisee shall abide by the following to print and insert a separate document requirements governing communications with sub- into the bill, the village may be requested scribers, bills and refunds: to pay printing costs and incremental (1) Each franchisee shall provide to subscrib- postage expenses for such notice. ers written information in each of the Franchisee's bills will be clear, concise following areas at the time of installation, and understandable. or at least once annually, and at any future time upon request by the sub- (4) Refund checks will be issued promptly, scriber: but no later than the earlier of forty-five a. Haw to use the cable service; (45) days or the subscriber's next billing b. Installation and servico maintenance cycle following the resolution of a refund policies; request, or the return of the equipment supplied by the franchisee if cable service c. The products and services offered; is terminated. d. Prices and service options; {5) Credits for service will be issued no later e. Channel positions of programming than the subscriber's next billing cycle carried on the cable system; following the determination that a credit f. The franchisee's procedures for the is warranted, receipt and resolution of subscriber complaints and the franchisee's ad- (6) A franchisee shall provide subscribers, dress and telephone number to which the village manager, and the village caun- complaints may be reported if not cil with at least thirty (3U) days' advance otherwise provided. written notice of any changes in rates, charges, channel lineup, or initiations or g. The telephone number and address discontinuations or changes of cable ser- of the village's office designated to vices offered over the cable system if such handle cable television complaints change is within the control of the fran- and inquiries; chisee, and in accordance with FCC regu- h. The availability of a "lock-out" de- lotions. vice; i, The franchise's information collet- (n) A franchisee shall, upon an affected tion and disclosure polities for the subscriber s request, provide apro--rated twenty- protection of a subscriber's privacy. four-hour credit to the subscribers account for any period of four (4) hours or more within a (2) In addition, each franchisee shall provide twenty-four-hour period during which asub- written notice in its monthly billing, at scriber experienced an outage of service or sub- the request of the village manager, of any stantial impairment of service, whether due to a village meeting regarding requests or ap- cable system malfunction ox athex cause. Supp. No. 31 1054.2 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-2 (o) Billing. subscriber, or failure to properly credit the subscriber for a payment timely {1) The franchisee`s first billing statement made. aftex a new installation or service change shall bepro-rated as appropriate and shall (4} The franchisee must notify the subscriber reflect any security deposit. that he or she can remit payment in person at the franchisee's office in the (2) The franchisee's billing statement must village and inform the subscriber of the be fully itemized, with itemizations includ- address of that office. ing, but not limited to, basic and premium (p) Alteration of service. Except as incident to service charges and equipment charges. an upgrade or rebuild of the cable system, a Bills will also clearly delineate all activity franchisee may not substantially alter the cablo during the billing period, including op- service being provided to a subscriber (including ti.onal charges, rebates and credits. by re-tiering, restructuring a tier ar otherwise) without the express affirmative permission of (3) The franchisee's billing statement must such subscriber, unless it complies with this sub- show aspecific payment due date. Any section. balance not received by the due date may be assessed a late charge consistent with (1} If a franchisee wishes to alter the cable applicable law. The late charge will ap- service being provided to a subscriber pear on the following month's billing state- (including by re-tiering, restructuring a ment. tier ar otherwise) in such a way that the subscriber will no longer be able to obtain a. Franchisee shall provide reasonable the same package of cable services then notice to the village and subscribers the franchisee must provide the sub- af the amount of any prpcessing fees scriber with thirty (30) days' notice of for late payments and the manner of such alteration, explain the substance and imposing such fees. Any late fee that the full effect of the alteration, and pro- may beimposed shall be in an amount vide the subscriber the right within the and manner consistent with applica- thirty-day period fallowing notice, to opt ble state and federal law. Late charges to receive any combination of cable ser- on unpaid bills shall not exceed five vices offered by the franchisee. dollars ($5.04). Such fee shall be (2) Except as provided herein or under appli- deemed to represent the franchisee's cable federal, state or local law, no charge reasonable administrative costs, and may be made for any cable service or in no event shall exceed eighteen product which the subscriber has not af- (18) percent per annum an the un- firmatively indicated, in a manner sepa- paidbalance or the maximum amount rate and apart from payment of the regu- of interest allowed by law. If a sub- lar monthly bill that the subscriber wishes scriber disputes a bill on or before to receive. the due date, the franchisee shall waive a late fee during the period (q) Franchisee shall certify in writing to the until a final resolution of the dispute village as of January 1st and July 1st of each year, is agreed upon between the franchi- based upon internal due diligence by the franchi- see and the subscriber. see, that to the best of franchisee's knowledge it is in substantial compliance with the standards set b. Subscribers shall not be charged a forth herein, said certification to bo made as of a late fee or otherwisa penalized for date within thirty (30) days of January 1st and any failure by the franchisee, its July 1st. At the request of the village, for reason- employees, or contractors, including able cause including but not limited to discrepan- failure to timely or correctly bill the ties between the reports provided to the village Supp. No. 3I 1054.3 § I7-2 NORTH PALM BEACH CODE / and the certification required herein, the franchi- versy shall have the right ar authority to add to, t see shall submit such documentation, as may be modify or delete any provision of the ordinance or required, to demonstrate franchisee's compliance of the franchise agreement, or to interfere with with this section 17-2. This documentation shall any rights of subscribers or any franchisee under be submitted within thirty (30) days of the applicable federal, or state law or private con- franchisee's receipt of the village's request. tract. {r} Notwithstanding anything to the contrary, {t) The village manager or designee shall have franchisee shall not incorporate within any bulk the authority to assess fines for violations of this residential subsci7ber contract the term of the section 17-2 in accordance with the schedule set franchise granted by the village as the length of out below or as otherwise provided in a franchise the term of a bulk contract(s) franchisee shall agreement. The fines listed are to be assessed on make available to all residential bulk subscribers a per violation basis with each day of a continuing the same level of service provided to franchisee's violation constituting a separate violation, except residential subscribers in the village, including, for those customer service standards set forth in but not limited to, the requirements of section subsections (d} and (e) above which are measured I7-2 herein, unless the parties to the bulk con- on a quarterly basis. With respect to such stan- tract have expressly agreed otherwise in writing. dards that are measured on a quarterly basis, the fines for such violations shall be assessed on a (s) Responsibility for the administration of this quarterly basis as follows; five thousand dollars section and any franchise granted pursuant to this section, and for the resolution of all com- ($5000.00) per quarter if the franchisee falls plaints against the franchisee regarding the qual- below such standards by ten (10) percent or less; ten thousand dollars ($10,000.00) per quarter if ity of service, equipment malfunctions, and re- the franchisee falls below such standards by twenty laced matters, is hereby delegated to the village (20) percent or less and fifteen thousand dollars manager or his designee, who is empowered, ($15,000.00) per quarter if the franchisee falls among other things, to settle, or compromise any below such standards by twenty-five (25) percent controversy arising from operations of the cable or more. For exaxnplo, if franchisee has answered system by franchisee, either on behalf of the the telephone standards set forth in subsection village or any subscriber, iri accordance with the {d) on a quarterly basis seventy-five (75) percent best interests of the public, Tn cases where re- of tho tixno, instead of the ninety (90} percent quests for service have been ignored ax in cases re nixed heroin the where the service provided is alleged to be in q ~ quarterly fine shall be ten thousand dollars ($10,000.00}. Prior to assessing non-compliance with this section or a franchise any fines set forth in the schedule below, the agreement, the village manager or his designee village manager or designee shall following the shall Rave the power to require the franchisee to procedures set forth in this section. provide service consistent with the terms of the franchise, if in the opinion of the village manager SCHEDULE OF FINES or his designee such request for service is reason- able. Any person aggrieved by a decision of the Single Vioiation of Maximum Fines village manager, including the franchisee, may (a) Subsection (a) hereof. $540.00 appeal the matter to the village council for hear- ing and determination. The village council may (b) Subsection (b) hereof. $500.00 accept, reject or modify the decision of the village (c) Subsection (c}hereof. $ as detailed above manager. No adjustment, settlement, or compro- (d) Subsection (d) hereof $ as detailed above mice, whether instituted by the village manager (e) Subsections (e)(1)- ar by the village council, shall be contrary to the (5) hereof $ as detailed above provisions of this section ar any franchise issued Subsections (g)(1)- pursuant to this section and neither the village (3) hereof. $250.00 manager nor the village council, in the adjust- (g) Subsection (h) hereof. $350.00 went, settlement, ar compromise of any contro- (h) Subsection (i) hereof. $360.00 Supp. No, 3I 1064.4 LICENSES AND MI5CELLANEOUS BUSINESS REGULATIONS § 17-2 Single Violation of Maximum Fines loge and/or its subscribers, whether ac- tual or potential, and may include without (i) Subsection (j}hereof. $350.00 limitation, increased costs of administra- (j) Subsection (k), tion, enforcement and other damages dif- hereof. $500A0 ficult to measure. (k) Subsections {m)(1)- (5), hereof. $250.00 (3) Any person who intentionally files a false Cl) Subsection (m}(6) complaint against a franchisee shall be hereof. $500A0 subject to a fine, payable to the village, in (m) Subsection (n) hereof. $250.00 the amount of fifty dollars ($50.00} for the (n) Subsection {o) hereof. $250.00 first violation and one hundred dollars (o) Subsection {p) hereof. $250.00 {$100.00} for each subsequent violation. (p) Subsection (q) hereof. $250A0 (4) Intentional misreprosentation by a fran- (q} Subsection (s}hereof. $250.00 chisee in any response to a notice of propasod refund and/or fine shall be (1) Prior to assessing a fine, the village man- grounds for revocation of the franchise. ager or dosignee shall consider any justi- fication or mitigating factor advanced in (5) In addition to complying with the cus- franchisee's written response, including, tourer service standards set Earth in this but not limited to rebates or credits to the section or in any franchise issued pursu- subscriber, acure or commencement of a ant to this section, a franchisee shall cure of the violation, and the payment of comply with all customer service stan- anypenalty to Palm Beach County for the dards applicable to cable systems of the same violation. The village manager or FCC and any other applicable law govern- designee may, after consideration of the ing the operations of the cable system response of the franchisee, waive or re- within the village. if during the term of duce any proposed fine. any franchise granted pursuant to this section, the FCC modifies the customer (2) Subsequent to the notice of proposed fine service standards applicable to franchi- to franchisee and consideration of the see, the village may modify this section to franchisee's response, if any, and after reflect any such new customer service following the procedures set forth in this standards. section, the village may issue anassess- {u) The village expressly reserves the right to meet of fiue. Any fine will commence as of consider violations of the customer servico require- the date of the written notice specifying ments in evaluating any renewal, modification or the violation at issue. The fine shall be transfers of any franchise agroement. paid within thirty {30) days of written notice of assessment to the franchisee. (v} The village and franchisee recognize that The village may enforce payment of the the customer service standards set forth in this refund or fine in any court having juris- section reflect the current operating procedures of diction ar if franchisee challenges the as- franchisee. If franchisee's current operating pro- sessment in a court of competent jurisdic- cedures change during the term of any franchise tion, within thirty (30) days of a final granted pursuant to this section, the village agrees non-appealable decision that the assess- to meet with franchisee to discuss appropriate went is valid. This fine shall constitute modifications to such standards and to consider liquidated damages to the village far the such reasonable modifications to the standards violation and the village may enforce pay- set forth herein as requested by a franchisee to ment of the fine in any court having reflect any such now operating procedures. Upon jurisdiction. It is the intent of the village request of the franchisee, the village shall also to determine fines as a reasonable esti- discuss with franchisee the need to continue such mate of the damages suffered by the vil- regulation in light of the competition that fran- Supp. Na. 31 I054.5 § 17-2 NORTH PALM BEACIi CODE chisee may face in the provision of cable services (d) Standards. Prior to the issuance of an to subscribers and to consider such reasonable occupational license and as continuing opera- modifications to the customer service standards tional standards, home occupations shall comply set forth herein in light of the competitive envi- with the following: ronment. Notwithstanding anything to the con- trary, franchisee shall be obligated to comply with (1) No person shall be employed in a home this section unless modifications are agreed upon occupation who is net a permanent by the village and franchisee in writing, domiciliary resident of the dwelling unit in which the home occupation exists. (w) Subscriber privacy. {1) A franchisee shall at all times protect the (2) The floor area within a dwelling unit devoted to a home occupation shall not privacy of all subscribers to the full extent exceedtwenty-five (25) percent ofthe gross required by Section 631 of the Communi- floor area of the dwelling unit excluding cations Act, 47 U.S.C. § 551 and state Iaw. porches, garages, carports and other ar- (2) Unless otherwise permitted by federal or eas which are not considered Iiving area. state law, neither the franchisee nor its agents or employees shall, without the (3) The activities of a home occupation shall prior and specific written authorization of occur entirely within the dwelling unit, the subscriber involved, sell, or otherwise excluding accessory structures such as make available for commercial purposes garages, carports and sheds. the names, addresses or telephone num- (4} There shall be no external evidence of the hers of any subscriber or subscribers, or existence of a home occupation within a any information which identifies the indi- dwelling unit. Signs, displays, off street vidual viewing habits of any subscriber or parking areas other than driveways nor- subscribers. orally required for residential use, or other (Ord. No. 24-2005, § 1, 9-22-05) advertising of any kind are prohibited. Sec. 17-3. Borne occupations. (5} No tangible goods or services of any kind (a) Home occupations as permitted uses. Home shall be sold or transferred to a customer, occupations shall be permitted uses within R-1 consumer or client on the premises of a Single-family Dwelling District, R-2 Multiple- home occupation, excluding facsimile ma- chine, telephone and /or postal transac- family Dwelling District and R-3 Apartment Dwell- bons. ing District, and mixed-use ResidentiallCommer- cial PUDs. (6) A home occupation shall not create noise, (b) Definition. Home occupation is defined to vibration, glare, fumes, odors, dust, smoke mean any activity for which an occupational li- or electromagnetic disturbances No equip- cense of the Village of North Palm Beach is went or processes shall be used which required by law, which is conducted within a create visual or audible interference in dwelling unit in a residential district. any radio or television receiver located nearby. No chemicals or chemical equip- (s) Occupational license required. ):t shall be a went shall be used, except those that are violation for any person to conduct a home ecru- used for domestic or household purposes. potion without first obtaining an occupational No motor ar engine power, other than license therefor issued by the village. The public electrically operated motors, shall be used service department may impose reasonable con- in conjunction with such home occupation ditions upon an occupational license issued fora and the total horsepower of such permit- home occupation for the purpose of insuring com- ted electrical motors shall not exceed three pliance with the standards set forth in section {3}horsepower, or one horsepower for any 17-2(d). single motor. Supp. No. 31 1054,6 LICENSES AND MISCELLANEOUS BUSINESS REGLTI,ATIONS § 17-17 (7} Vehicular and pedestrian traffic shall not (g) Appeals. An applicant far an occupational be generated by a home occupation in a license whose application is denied for failure to greater volume or a different vehicle type meet the standards set forth in this section ar who than the traffic typical in a residential objects to any conditions imposed by the depart- neighborhood in the village. mant may appeal the reasonableness of either to (8) Deliveries of any kind required by and the zoning' board of adjustment which may direct made to the premises of a home occupa- that the license be issued with or without condi- tion shall not exceed one business deliv- bons or may modify, add to or delete the imposed ery per day. conditions. (9) The giving of art, music or other instruc- (h) Repeal of ordinances. All ordinances or tions or lessons shall be limited to not parts of ordinances in conflict herewith are hereby more than two (2) persons at any one ropoaled. time. (i) Effective date. This section [Ordinance No. (10) Outdoor storage or any materials shall 2-95] shall be effective upon the date of passage. not be permitted. (Ord. No. 2-95, 1-9,1-26-95; Ord. No. 24-2005, (11) The use of the premises fox the home § 2, 9-22~ 05) Editor snote-Ord. No. 2-95, adopted dan. 26, 1995, has occupation shall be clearly incidental and been codified herein at the discretion of the editor as § 17-2. subordinate to its use for residential pur- Cross reference-zoning, App. C. poses by its occupants, and shall, under no circumstances, change the residential Secs. ].7-4-17-15. Reserved. character thereof. (e) Affidavit of applicant required. An appli- ARTICLE II. OCCUPATIONAL LICENSESx cant for an occupational license for a home occu- pation shall at the time of application file an affidavit wherein the applicant: Sec. 1'7-16. License required; basis of one year. (1) Agrees to comply with the standards set forth in this section; A tax is hereby imposed by the village upon each and every business, profession and occupa- {2) Agrees to comply with the conditions im- tion having a business location or branch office posed by the department to insure com- within the village, in the respective amounts set plianee with such standards; forth in section 17-33 of this Code. In addition, (3) Acknowledges that a departure therefrom each and every such business, profession. and may result in a suspension of termination occupation which directly engages in interstate of the occupational license; and commerce, or which competes with any business, (4) Acknowledges that the village shall have profession or occupation engaged iti interstate commerce shall be licensed pursuant to this Code the right to reasonably inspect the pre- in the respective amounts set forth iri section raises upon which the home occupation is 17-33. Unless otherwise stated, the amount of conducted to insure compliance with the such tax specified shall be on the basis of one (1) foregoing standards and conditions, and year. to investigate complaints, if, any, from (Ord. No. 7-81, § 1, 7-23-81) neighbors. (fj Violation of standards or conditions deemed Sec. 17-17. Registration required. a Code violation. Failure by a home occupation Any person who engages in any business, occu- licensee to comply with the standards of this section and with the conditions imposed by the potion or profession within the village not re- department shall be deemed a violation of this *State law references-Municipal home rule powers, Code. F,S. § 166.021; local occupational ]ieense tax act, F.S. Ch. 205. Supp. No. 31 10b4.7 § 17-17 NORTH PALM BEAOH CODE quired to bo licensed hereunder shall be certified tax, the license shall expire at the end of the with the Iicensing officer by executing an infor- period for which such license is issued as nation form provided by the village. The purpose hereinabove specified. of such certification is to provide the village with (Ord. No. 7-51, § 1, 7-23-$1) information concerning those who are doing busi- nesswithin the village and, where appropriate, to Sec. 17-~0. License renewal; delinquency assure the village that such persons are licensed penalty countywide by the county. The fee for this certifi- cation shall be two dollars ($2.Q0). Anyone violet- All licenses issued hereunder may be renewed ing this provision by failing to register the re- without penalty no later than September 30 by quired information with the licensing office shall application of the license holder. Licenses not be deemed guilty of a misdemeanor of the second renewed by October 1 shall be considered delin- degree. quent and subject to a delinquency penalty of ton {Ord. No. 7-81, § 1, 7-23-81) (10) percent of the full year license fee for the month of October, plus an additional five-percent Sec. 17-18. Application for Iicense. penalty for each month of delinquency thereafter until paid. The total delinquency penalty shall Before the village shall be required to issue a never exceed twenty-five (25) percent of the full license for engaging in or carrying on any of the year license fee for that applicant, in addition to businesses, professions or occupations specified the license fee set forth herein. and set forth herein, it shall be the duty of the {Ord. No. 7-81, § 1, 7-23-81) applicant to file an application with. the licensing State law reference-De]inquency penalties, F.S. off cer, such applicant to be in the form required § 205.053. by the village and such applicant shall be re- quired to furnish to the. village such other infor- Sec. 17-21. How tag construed as to speci- oration not contained in the application as the fled professions. village manager may require. 'fie tax provided in section 17-33 for archi- (Ord. No. 7-81, § 1, 7-23-81} tects, auctioneers, auditors or accountants, den- Sec. 17-19. Issuance of license; duration; half- tists, draftsmen, civil engineers, lawyers, osteo- paths, chiropractors, chiropodists, phrenologists, year license; when due and pay- physicians or surgeons, real estate salesmen, ar able, other similar professions, shall be construed to All licenses shall expire an the thirtieth. day of mean that each individual shall pay the tax September of each year. No license shall be issued herein provided, whether practicing by himself or for more than one (1) year. For each license in partnership or employed by another. obtained between September J. and March 31, the (Ord. No. 7-81, § 1, 7-23-81) full tax for one (1) year shall be paid except as hereinafter provided. For each license obtained Sec. 17-22. Special permit for nonprofit en- between April 1 and September 1, one-half' of the terprise. full tax for one (1) year shall be paid except as The licensing officer shall issue special per- otherwise provided. Ahalf--year license issued wits, without payment of any license fees or other pursuant to the provisions of this article, how- charges therefor, to any person or organization for ever, shall be granted only as an initial license. the conduct or operation of a nonprofit enterprise, Subsequent licenses must be issued on a full-year either regularly or temporarily, when he finds basis regardless of the date of application, except that the applicant operates without private profit, where a period of at least five (5) subsequent for a public, charitable, educational, literary, fra- consecutiveyears without a license has elapsed in ternal or religious purpose. which case the characteristics of an initial license will apply provided all other provisions of this {1) Application for special permit. An appli- article are fully satisfied. Upon payment of such cant for a special permit shall submit an Supp. No. 31 1054.8 LICENSES ANb MISCELLANEOUS BUSINESS R.EGULATIDNS § 17-22 application therefor to the licensing of ficer, upon forms prescribed by the officer, and shall furnish such additional informa- tion and make such affidavits as the li- censing officer shall require. Special permittees must conform. A per- son operating under a special permit shall operate his nonprofit enterprise in com- pliance with this section and all other rules and regulations. {Ord. No. 7-Sl, § T., 7-23-81} State law reference-Exemption for charitable, etc., activities, F.S. § 205.192. Supp. No. 31 X054,9 l Chapter 19 OFFENSES AND NIISCELLANEOUS PROVISIONS'" Art. I. In General, I9-1-19-30 Art. II. Sexual Offenders and Sexual Predators, 19-3I-19-46 Art. III. Offenses Against Property, 19.47-19-83 Art. IV. Offenses Against Public Morals, 19-64-19-81 Art. V. Offenses Against Fublic Peace, 19-82-19.98 Art. VI. Noise Control, 19-99-19-I44 Art. VII. Reserved, 19-14~-19-182 Art. VIII. Weapons, 19-183-I9-199 Art. 1X. Water Shortage Emergencies, 19-200-19.206 Art. X. Alarms, 19-207-19.219 Art. XI. Wellfield Protection, 19-220-19-221 *Cross references-General penalty for Cade violations, § 1-8; pofice, Ch. 23. Supp. No. 31 1225 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-7 ARTICLE I. IN GENERAL or kept or allowed to be operated on any premises within three hundred (300) feet of any school Sec. 19-1. Definitions. grounds. (Code 1970, § 24-22} For the purposes of this chapter, the following terms, phrases, words and their derivations shall Sec. 19-5. Spitting in public places. have the meanings given herein: Billposting agency means any person posting No person in the village shall expectorate upon advertising matter ar distributing advertising mat- any sidewalk, street, floor in public buildings or ter throughout the village. upon any other public place. (Code 1970, § 24-27) Model glue means -any glue or cement of the type commonly used in the building of model Sec. 19-6. Hitchhiking. airplanes, boats and automobiles, containing tol- uene, acetone or other solvent or chemical having No person shall hitchhike, "thumb rides" or go the property of releasing toxic vapors. upon the public streets and highways for the Topless costume means any clothing which does purpose of soliciting free transportation. not cover a major part of the female breasts and (Code 1970, § 24-34} shall include those devices commonly known as "pasties." Sec. 19-7. Handbills; distribution. (Code 1970, § 24-1) Gross reference-Rules of construction and definitions {a) No person shall distribute or give out any generally, § 1-2. handbills, tickets, samples or merchandise or other kind of advertising matter, unless such Sec. 19-2. State misdemeanors adopted. person is a licensed billposting agency; provided, however, that this section shall not be construed No person shall commit within the corporate to prevent persons from distributing advertise- limits of the village any act which is or shall be meats of their awn businoss through the United recognized by the Iaws of the state as a misde- States mail. meanor, and tho commission of such acts is hereby forbidden. (b) No person shall give to another or attempt (Codo 1970, § 24-64; Ord. No. 213-70, § 1; Ord. No. to give to another any ticket or sample upon any 11-71, § 1) public street, alley, park or other public way or place within tho village, or pass the same from Sec. 19-3. Bathing regulations. private property to any person on any street, alley, park or other public way or place, or glace (a) No person afflicted with infectious, conta- such advertising matter in any automobile belong- gious or communicable disease shall bathe in any ing to another within the corporate limits of the public pool or place within the village limits. village, or throw or leave the same in any private yard or upon private property so that the same (b) No person shall beach or bathe in a manner may be blown or scattered upon private or public contrary to the postod regulations of the village. property. (Code 1970, § 24-16) (c) No person shall distribute, deposit, place, Sea 19-4. Proximity ofcoin-operatedamuse- throw, scatter or cast any printed or written meets to schools restricted. matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper No coin-operated amusement tablo, marble board booklet or any other printed ar otherwise repro- or other similar game and device shall be located duced original or copies of any matter or litera- Supp. No. 31 1227 § 19-7 NORTH PALM BEACH CODE ture upon any premises, if requested by the through twelfth grade, during those days that owner, or someone authorized by the owner, not to county public schools involving kindergarten do so. through twelfth grade are in session. {Cade 1970, § 24-35; Ord. No. 228-71, § 1) (Code 1970, § 24-62; Ord. No. 12-81, § 1, 11-12-81; Ord. No. IS-85, § I, 10-24-85) Sec, 1$-8. Impersoxaatizig police officer, fire- man or other village official. Sec. 19-10. Earbeeue grills and similar cook- ing devices. (a) No person shall hold himself out as, or falsely assume or impersonate himself to be a Barbecue grills and similar cooking devices police officer or fixeman of the village or any other with which open flames may be used to heat or village official or employee, ox assert falsely that prepare food ar from which open Names may occur he has the authority or right to exercise the during the cooking process shall not be used on powers of any such officers or officials. any balconies or porches ofmulti-family buildings except two (2) family dwellings. They shall be (b) No person, other than an official police used only outside of and at a minimum often (10) officer of the village, shall wear or carry the feet distance from the nearest building. uniform, apparel, badge, identification card or (Ord. No. 15-2002, § 1, 4-9-02) any other insignia of office Iike or similar to, or a colorable imitation of that adopted and worn or Secs. I9-11-19-34. Reserved. carried by the official police officers of the village. (c) No person, while wearing a mask or device ARTICLE II. SEXUAL OFFENDERS AND such as described in paragraph (b} of this section, SEXUAL PREDATORS shall demand entrance or admission to or attempt t to enter in or come upon or into the premises, Sec. 19-31. Se~eual offender and sexual pred- t enclosure or house of any person in the village. ator residence prohibition. {Code 1970, § 24-37) Cross reference-Administration generally, Ch. 2. (a) It is unlawful for any person who has been convicted of a violation of F.S. 794.011("Sexual Sec. 18-9. Smoke, dust, odors, liquids, etc. battery"), 800.04 {"Lewd or lascivious offenses committed upon or in the presence of persons less No owner or occupant of any building, strut- than 16 years of age"), 827.071 ("Sexual perfor- ture or premises in the village shall cause, allow mance by a child"), or 847.0145 {"Buying or sen- or permit any smoke, dust, steam, odors, fumes, ing of minors"), regardless of whether adjudica- liquids or other obnoxious matters ox things to tion has boen withheld, in which the victim of the emanate therefrom over and upon any public offense was less than 16 years of age, to establish street or sidewalk in the village, unless the same a permanent residence or temporary residence in shall be so deflected or bona fide attempts made the Village of North Palm Beach within one to deflect same away from persons using such thousand five hundred (1,500) feet of any school, streets or sidewalks so as not to annoy, vex, irk or designated public school bus stop, day care center, bother persons iii the use thereof; provided, how- park, playground or public pool facility. Provided, ever, that water from sprinkler systems may however, a porson referenced iai the foregoing emanate from private property over and upon sentence and residing in the Village of North sidewalks in the village, except from one and Palm Beach within one thousand five hundred one-half {1'/2) hours before the opening, to one- (1,500) feet of any school, designated public school half hour after the opening, of public schools in bus stop, day care center, park, playground or the county fox kindergarten through twelfth grade, public pool facility does not commit a violation of and from one-half hour before the closing, to one this section if the person established the perma- and one-half (1~/2) hours after the closing, of nent residence prior to the effective date of this public schools in the county for kindergarten article. Supp. Na. 31 1228 OFFENSES AND MISCELLANEOUS PROVISIONS § 19-64 (b) For purposes of determining the minimum (b} No person shall knowingly employ or per- distance separation, the distance shall be mea- mit a female person who is wearing a topless scared by following a straight line from the outer costume within the confines of any premises which property line of the permanent residence or tem- he controls and to which the public is invited porary residence to the nearest outer property where alcoholic beverages are sold or is open to line of a school, designated public school bus stop, public view. day care center, park, or playground. (Code 7.970, § 24-$7} (c) A person who violates this section shall be punished as provided in section 1-8 of this Code. (Ord. No. 26-2005, § 1, 9-22-05} Secs. 19-32-19-46. Reserved. ARTICLE III. OFFENSES AGAINST PROPERTYx Sec. 19.47. Obstructing passageways. No person shall place or erect upon any public way or passageway to any building an obstruction of any type; provided that this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the pur- pose of safoguaxding the public; and providing, further, that, Swale markers maybe placed at the edge of Swale areas to protect the edges of lawns from being driven on bypassing vehicles, with the Swale markers to be round button cement mark- ers with anchor rods attached, not to exceed twelve (12}inches in diameter and four (4}inches in height. {Code 1970, § 24-59; Ord. Na. 218-70, § 3) Secs. 19-48-19-63. Reserved. ARTICLE TV. OFFENSES AGAINST PUBLIC MORALS Sec. 19-64. Topless costuYnes. (a} No female person over the age of twelve (12) years shall appear in any public place or private place where the public is invited where alcoholic beverages are sold or any place open to the public view in a topless costume. *Crosa referenc~Per$ons walking dogs responsible far removal of waste, § 4-31 et seq. Supp. No. 31 1228.1 STATUTORY REFERENCE TABLE This table shows the location within this Code, either in the text or notes following the text of references to the state law or related matters. Section Section Section this Code Section this Code 1.01 27-31 eh. 177 App. B, Ai~t. 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. 5D 2-181 § 36-15 50.041 2-181 App. S, Art. IV, 50.051 2-181 § 36-27 55.03 29-5(a} ch. 185 2-167 ch. 98 Ch. 10 185.08 26-16 ch.1D1 10-7 2D2.195 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)(4) 6-156 203.012(5)(h) 26-51 16]..041 6-153 ch. 205 Ch. 17, Art. II 161.D53 6.154 205.043{2), 162.12(2) 2-180 205.043(3) 17-24, 17-25 205.053 17-20 ch. 163 12.5-1 245,192 17-22 21-1 21D.03 17-33 21-11 ch. 212 26-53 21-43, 21-44 ch. 252 Ch. 8 App. B, Art. I, 8-4(a)(2) § 36-2, App. B, Art. 252.38 et seq. 8-6 I, § 36-4 253,125 7-19 App. B, Art. II, 28fl.02 2-4(fj § 36-i6 Ch. 316 18-20 App. B, Art. VI 316.008 Ch. 18 163.01 2-4(#} g 16.272 19-117 163.161 et seq. 21-O1 316293 19-117 ch. 163.170, App, B, Aa~t. II, 316.1955, 316.1956 18-37 §163.3164(17) § 35-10 320.01(1) 14-37 163.225(3)(a)~c) 5-86 ch. 327 Ch.5 163.295 6-150 163.3161 et seq. Ch, 21, Art. II 335.665 App. B, Art. N, § 36-29.1 163.3177 21-44 337.29 29-2 163.3178 6-155 337.401 29-2, 29-3 21-44 29-5(a), (e} ch. 16fi 6-16 29-6(a) Ch. 24 337.401(3) 28-3 Ord. No. 2478 § 3 397.403, 337.404 29-7 166.021 Ch, 17, Art. II 342.03 Ch. 5 166.221 17-34 362.01 29-2 166.231. Ch. 26, Art, III 364.62 29-3 eh. 170 21-2 ch. 373 19-20D 170.D1 Ch. 24 ch, 3$0 21-44 ch. 175 2-167 App. B, Art, II, 175.101 26-17 § 36-14 Supp. Na. 31 2819 NORTH PALIVI BEACH CODE C Section Section this Code 380.04 21-103 393 App. G, § 45-2 ch. 394 App. C, § 45-2 ch. 400 App, G, § 45-2 ch. 401 11.5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402.302(5) 17-33 47.3.08 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 1-1p ch. 553 6-16 553.73 6-154 11-11 553.73(2} 6-2 561,D1 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633,0215 12-16 ch. 650 Ch. 2, Art. V, I}iv. 2 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(f) 794.011 19-31 800.04 19-31 827.071 19-31 ch. 847 App. C, § 45-20 847.0145 19-31 870.041 8-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 $t~pp. No. 31 2820 [fine next page is 2869] cools coMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 14-2003 5- 8-03 1 Added 18-20 23-20D3 9-11-03 1 i5-2(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 26-2D03 9-25-03 1 19-213 27-2D03 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 10-23-03 1 17-33 35-2003 12-11-03 1 2-148(a) 2 2-158{b) 3 2-158(e} 02-2004 I-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- $-04 1-3 App. C, § 45-34 16-2004 7-22-04 1 Added 2-148(8) 2 Dltd 2-158(d)(4) 17-2004 7-22-04 1 19-211 15-2004 7-22-04 1 Added 5-102'-106 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 I 2D-66(a) 27-2004 10-14-04 1, 2 Rpld 1D-11, 10-12 29-2004 10-28-04 1 36-23 36-2004 12- 9-04 1, 2 2-115, 2-116 61-2005 1-27-05 1 2-52 02-2005 1-27-05 1 Added 10-13 03-2005 2-10-05 1 2-26 D4-2D05 2-10-05 1 ,App. C, § 45-36 F 07-2005 5-26-05 1 18-34 08-2005 5-26-05 1 2-156 12-2DD5 7-14-65 1 19-120 15-20D5 7-14-D5 1, 2 18-34{c), (d} 21-2005 9-22-05 1 2-76 22-2005 8-3D-05 1 2-85 2 2-110 23-2005 9-22-05 1 Added 6-118 24-2D05 9-22-05 2 Rnbd 17-2 as 17-3 1 Added 17-2 25-2D05 9- 8-05 1,2 2-146 3 2-158.1 26-2005 9-22-05 1 Added 19-31 27-2005 9-29-05 1, 2 2-146 3 2-158.1 2006-01 1-26-06 3 Rnbd 5-16-5-25 as 5-17-5-26 1 Added 5-16 2 5-18 [The next page is 2933] Supp. No. 31 2$$9 r t CODE INDEX Section Section A ALARMS (Confd.) ABANDONMENT Exemptions 19-218 Abandoned, inoperative and junked prop- False alarms Excessive false alarms declared public erty I4-37 et seq. nuisance........................ 19-212 See: GARBAGE AND TRASH Service charge; collection 19-2i3 Boats Fire division equipment; fire alarm system 12-53 Boat launching area; abandoned boats Identification required 19-215 and equipment 5-36, 5-37 System standards....... 19-219 Generally . 5-8 Telephone trunk linos Dogs, other animals 4-LO Interference with public safety depart- ACTS BY AGENTS went telephone trunk lines prahib- Definitiona and rules of construction 1-2 iced . . 19-215 Violation and penalty 19-214 ADMINISTRATIVE CODE Audit committee 2-56 et seq. ALCQHOLIC BEVERAGES See: AUDITS Consumption on playgrounds and public Bonds required of certain officers 2-42 Parks 3-3 Definition 2-39 Nudity, partial nudity, sexual conduct; pro- Departmenta] organization 2-40 hibited at alcoholic beverage estab- Oaths of office lishments 3-4 Chief administrator and offcors, form of Solos restricted; hours of sale............ 3-2 oath 2-41(b) State law definitions adopted............ 3-1 Members of department of public safety, Zoning form of oath 2-41(c) Location of business for retail sales of Pexsons required to take oath of office . 2-41(a) alcoholic beverages 45-20(2), Policy and procedures 45-36.N Department heads 2-43(b) C-3 Regional Business District...... 45-34.1(9) Departments 2-43(c) AMBULANCES Officers 2-43(a) Definition 17-50 ADULT ENTERTAINMENT ESTABLISH- Unlawful operation 17-51 MENTS AMUSEMENTSAND AMUSEMENT PLACES Zoning regulations re. See: ZONING (Ap- pendix C} Coin-operated amusemonts; proximity to schools restricted 19-4 ADVERTISING AND, OR Handbills; distribution restricted......... 19-7 Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices for advertising 19-I05 ANIMALS AND FOWL Signs and outdoox displays 6-110 et seq. Abandon' ~ 4-10 See: SIGNS AND BILLBOARDS Bixds AFFIDAVITS Molesting songbirds 4-9 Home occupations; occupational licenses Village designated bird sanctuary; hunt- Affidavit of applicant required......... 17-3(e) ing Prohibited 4-2 Cats. See herein: Dogs and Cats AFFIRMATION. See: OATH, AFFIRMATION, Code enforcement board, applicability re.. 2-173 SWEAR OR SWORN Contagious diseases, animals with 4-11 AGREEMENTS. Seo: CONTRACTS AND Cruelty to animals 4-7 Defimitions 4-1 AGREEMENTS Dogs and cats ALARMS Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthorized removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms; fees; nontransferable 19-2I0 redeem 4-30(d) Audible alarms 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner . . 4-30(c) through 19-2I7 Required.......................... 4-30(a) Definitions 19-207 Inoculation 4-24 Supp. No. 31 29$5 NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Cont'd.} APPEARANCI; PLAN (Appendix A) (Cont'd.) Prohibited in certain areas; exceptions. 4-27 Maintenance for good appearance Rabies control. See herein that subject Buildings and appurtenances.......... VII{B) R.egistrativn 4-24 Public property....................... VII(C) Running at large Site VII{A) Cats . . 4-2$(c) Participation and incentives VI Dogs on property of others.......... 4-28{b) Statement of policy II Doga on streets and sidewalks 4-2$(a) Vicious, biting and attacking dogs 4-29 ARCHAEOLOGICAL SITE PROTECTION Waste removal Appeals 21-107 Persons walling dogs responsible for Applicability 21-102 removal of waste 4-31 Archaeological review, development sub- Waste-removal implements, persons ject to 21-164 walking dog to carry 4-32 Certificate to dig 21-105 Enforcement Cost 21-106 General enforcement 4.5 Definitions 21-103 Hindering enforcement 4-4 Hearing................................ 21-148 Fight, causing animals to 4-8 Intent.................................. 21-101 Keeping certain animals prohibited;excep- Purpose 21-101 tion 4-B Violations and penalties................. 21-168 Killing 4-3 ASSEMBLIES Molesting songbirds or domestic pets 4-9 Meetings of boards and commissions; ad- Noise control po]icy re animal noises 19-107 journment of 2-3 Nuisances, animals creating 4-12 Meetings of specific boards, etc. See spe- Poisoning 4-3 cific subjects Rabies control Park and recreation area; meetings and Death or destruction, reporting........ 4-46 atherin s Muzzles; when required 4-45 g g 20-22 et seq. Rabid animals See: PARKS, PLAYGROUNDS AND RIiaCREATION Confinement 4-43 Duty to report; impounding......... 4-44 ATLANTIC OCEAN Nuisance, declared 4-42 Regulations governingconstruction ofdoeks, ANNEXATION piers in Lake Worth and Atlantic Ocean 5-$5 Planning and development; filing fees and cost for voluntary annexation of land 21-2 AUDITS Audit committee ANTENNAE Access to retards 2-56 Zoning regulationa 45-21 Administrative services............... 2-57 APPEAI2.ANCE PLAN (Appendix A} Composition; terms; vacancies......... 2-52 (NoteSection citations contained herein Created 2-51 refer to section citations found within Duties . . 2-54 Appendix A) Organization 2-53 Administration V Removal......... 2-55 Areas of jurisdiction III Basis I S Criteria for appearance Building and site to adjoining area, re- BA7'H1NG ]ationship of 1V(B) Diseased persons prohibited from bathing Building design IV(D) in public pools, etc. 19-3 Buildings to site, relationship of....... BICYCLES Evaluation, factors for IV(H) Landscape and site treatment 1V(C) Park regulations . 20-6 Maintenance-planning and design fat- Subdivisions, required improvements re tors N(G) bikeways.......................... 36-29.1 Miscellaneous structures andstreethard- BILLBOARDS. See: SIGNS AND BILL- ware ]V(F) BOARDS Signs N{E) Definitions VIII BIRDS. See: ANIMALS AND FOWL Supp. No. 31 2936 coDE INDEx Section Section BLOCKS BOATS, DOCKS AND WATERWAYS (Cont'd.) Subdivision design standards 3fi-18 Docks and piers Construction in waters other than BOARDS, COMMITTEES AND COMMIS- Lake Worth andAtlantic Ocean, SIONS. See: DEPARTMENTS AND re lotions overnin 5-84 OTHER AGENCIES OF VILLAGE ~ g g ~ • Definitions 5-81 BOATS, DOCKS AND WATERWAYS Generally 5-$2 Abandoned boats 5-8 Lake Worth and Atlantic Ocean, reg- Anchoring and mooring ulations governing construction Limitation on anchoring and mooring in in 5-85 prohibited area; mooring permit Minimum design requirements...... 5-83 required 5-18 Variances 5-Sfi Mooring limitations in lagoons (private )Jrosion control structures docks) 5-16 Construction 5-95 Unlawfully anchored or moored vessels Control 5-96 Claiming of vessel by owner; payment Defmitiana 5-93 of costs 5-23 Permitted, when................... 5-94 Department of public safety to im- Piers. See within this subheading: Docks pound 5-19 and Piers Owner to be notified upon impound- Seawalls. See within this subheading: meat 5-20 Bulkheads and Seawalls Procedure in event owner cannot be Definitions 5-1 found 5-21 Disturbing other boats.................. 5-$ Reclamation of owner after sale..... 5-24 Exhibition boats exempted from certain Unclaimed vessel to be sold; certifica- restrictions . 5-4 tion of sale 5-22 FIood damage prevention provisions...... 12.5-1 et seq. Use of vessel far dwelling purposes in See: FLOOD DAMAGE PREVI~NTION prohibited area 5-25 Fueling of marine craft.................. 5-26 Authority of city to board boats violating Ilealth and sanitation requirements provisions 5-17 Cleanliness of docks.................. 5-11 Soot launching area Observance of village health and con- Abandoned boats and equipment duct rules 5-10 Disposition 5-36 Pollution of waterways................ 5-13 Recovery 5-37 Refuse disposaL...................... 5-12 Designated; use restricted 5-33 Living aboard boats restricted 5-15 Permits required 5-35 Marine sanctuaries Repairs prohibited 5-34 Designation of waters as marine sanctu- Bulkhead lines 7-1 et seq. aries See: SULKIIEAD LINES Area to be regulated 5-101(c) Coastal construction code 6-151 et seq. Areaa designated 5-101(b) See: COASTALCONSTRUCTIONCODE Construction of provision........... 5-101(d) Code enforcement board, applicability re.. 2-173 Definition 5-101(a) Gonstruction requirements Mooring, docking, ar beaching of boats on Bulkheads and seawalls public or private property without Compliance with provisions required 5-fig 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 right-of--way of bons 5-70 specific roadways................ 18-34.1 Canals Running engines, hours in residential dis- Canal crossings 5-60 tricts.............................. 5-14 Compliance with provisions required 5-56 Searchlights, use of 5-7 Drainage canals 5-59 Speed limits; wakes 5-2 General requirements 5-57 Subdivision provisions re waterways 36-22 et seq. Navigation canals 5-58 See: SUBDIVISIONS {Appendix B) Surety bond prerequisite to issuance Swimming in restricted waters 5-3 of building permit in certain Water skiing 5-5 cases 5-61 Waterways board 5-102 et seq. Supp. No. 31 2937 NORTH PALM BEACH CODE Section Section BOISTEROUS CDNDUCT BUILDINGS (Cont'd.} Noisy and boisterous I9-106 Outdoor displays. See herein: Signs and Outdoor Displays BONDS Park and recreatien facilities; erectingbuild- Administrative code; bonds required of ter- ings or structures 20-3 fain officers 2-42 Public land, construction on prohibited 6-1 Canal constittetion; surety bond prerequi- Public services department; division ofper- site to issuance of building permit... 5-61 mits and inspections 2-55(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....... I9-5 BUILDINGS 5tormwater management; Ievel of finished Appearance code floor of structures 21-63 Appeals and review 6-35 Subdivision regulations 36-1 et seq. See; SUBDIVISIONS (Appendix B) Appearance plan 6-33 g p 25-1 et seq. 5wimmin cols . Certificate of appropi~ateness See: SWIMMING POOLS Final hearings 6-57 Zoning regulations...................... 45-1 et seq. Follow-up by building inspector 6-fi0 See: ZONING (Appendix C) Planning commission Action of 5-58 BULKI3EAD LINES Approval by fi-59 Code enforcement board, applicability ro.. 2-173 Preliminary consideration 6-56 Established; designated 7-1 Definition 6-31 Filling operation beyond bu]khead line pro- Intent and purposes 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 7-18 Appearance glare (Appendix A). See that Expiration date; renewal; revocation... 7-20 subject Public hearing prerequisite to consider- Coastal constzuction code 6-151 et seq. ation , . , 7-17 See: COASTAL CONSTRUCTION CODE Required 7-16 Cade enforcement board, applicability re.. 2-173 Unlawful fill; removal 7-3 Codex BuLI~xEADs Appearance code. See herein that sub- Bulkheads and seawal]s, construction re- ject quirements re 5-69 et seq. Building code 6-I7 See: BOATS, DOCKS AND WATER- Caastal construction code 6-151 et seq, WAYS Electrical code 11-11, 11-12 Energy efficiency building code 6-150 BUSINESS REGULATIONS Fire prevention code 12-1fi et seq. Ambulances 17-50, 17-51 Housing code . . 15-1, 15-2 Businesses located outside village limits Country club 9-1 et seq. Application for certificate of regulation. 17-34.2 See: COUNTRY CI~i7B Certificate of business regulation re- Electrical code 11-11, 11-12 quired; basis of one year 17-34 Energy efficiency building code Commercial vehicles, marking of 17-84.13 Adopted by reference 6-150 Compliance by prinoipal deemed compli- Flood damage prevention 12.5-1 et seq. ante by agent 17-34.8 See: FLOOD DAMAGE PREVENTION Delinquency penalty 17-34.4 Rousing code 15-1, 15-2 Doing business not covered by certifi- Landscaping 27-31 et soq. cats of regulation................ 17.34-7 See: LANDSCAPING Duplicate certificates of regulation..... 17-34.6 Minimum construction standards Duration 17-34.3 Authority 6-16 False statements Codes adopted 6-17 Certificate obtained void ab initio... 17-34.7 Violations and penalty 6-13 Engaging in business without certifi- Missiles, throwing 19-83 cafe of regu]ation or under cer- Noise from building 19-102 tificate issued un.............. 17-34.11 Obstructing passageway 19-47 Fee exemptions 17-34.10 Supp. No. 31 2938 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.} CLERK Fee schedule . 17-34.12 Department of records, provisions re vil- Half-year certificate 17-34.3 cage clerk and deputy village clerk 2-67 et seq. Issuance of certificate 17-34,3 See: DOCUMENTS AND PUBLIC Noncompliance of principal............ 17-34.8 RECORDS Nonprofit enterprise, special permit for 17-34.5 CLUBS Refund of fee 17-34.9 Registration required 17-34.1 Country club 9-1 et seq. Renewal 17-34.4 See: COUNTRY CLUB Suspension or revocation of certificate . 17-34.9 COASTAL, CONSTRUCTION CODE When due and payable 17-34.3 Coastal construction requirements Garage and other sales 17-fit et seq. Location of construction............... 6-155(4) See: GARAGE AND OTHER BALES Major structures, structural require- Home occupations 17-3(a) et seq. menu for....................... 6-155(1) See: HOME OCCUPATIONS Minor structures, structural require- Occupationallicenses 17-16 et seq. menu for....................... 6-155(3) See: LICENSES AND PERMIT Nonhabitable major structures, struc- Wellfield protection tural requirements for 6-155(2) Regulation of business activities with Public access 6-155(5) potential to contaminate Land and Definitions 6-154 water resources 19-221 Flood damage prevention................ 12.5-1 et seq. Zoning See: FLOOD DAMAGE PREVENTION Location of business for retail sales of Purpose 6-152 alcoholic beverages 45-20(2), 45- References 6-156 36.N Scope C-3 Regional Business District...... 45-34.1(9) Applicability . $-153(a) Exceptions 6-153(b) C Permits, application for 6-153(c} Title 6-151 CABLE TELEVISION. See: TELEVISION CODE ENFORCEMENT BOARD CAMPING Actions for money judgments Recreational, boating and camping equip- Limitation 2-182 ment; parking on residential property AIarm regulations, enforcement re 19-217 restricted 18-35 APPlicabiIity,........................... 2-173 CANAT S Declaration of legislative intent.......... 2-171 Construction requirements 5-5fi et seq. Definitions 2-172 See: BOATS, DOCKS AND WATER- Enforcement procedure 2-175 WAYS Fines; liens Appeals 2-1$0 CATS Copies of orders imposing fines 2-178(d) Regulations enumerated 4-24 et seq. Determination of amount of fine....... 2-I78(b} See: ANIMALS AND FOWL Duration of lien 2-179 Generally 2-17$(a) CERTIFICATES Notices . . 2-181 Appearance code; certifcate of appropriate- Reduction of fine 2-178(c) Hess 6-56 et seq. Hearing, conduct of 2-176 See: BUILDINGS Organization Boats, docks and waterways; unlawfully Attorne y 2-174(c} anchored or moored vessels Officers; quorum; compensation 2-174(b) Unclaimed vesaeI to be sold; certifies- Qualifications and term . 2-174(a) tion of sale 5-22 Powers........ 2-177 Businesses located outside village limits, certificate of business regulations re. 17-34 et seq. CODE OF ORDINANCES` See; BUSINESS REGULATIONS Altering Code 1-7 Emergency medical services 11.5-21 Historic site overlay district; certificate of ~`1~Iate--The adoption, amendment, repeal, omissions, effec- appropriateness 45-37(H) five date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this CIVIL DISORDERS AND DISTURBANCES, Code are contained in the adopting ordinance and preface See: EMERGENCY MANAGEMENT which are to be found in the preliminary pages of this volume. Supp. No. 31 2939 NORTII PALM ]3EAG>I CODIa - Section Section CODE OF ORDINANCES (Confd.) COUNTRY CLUB (Confd.) Amendments 1-6 Enforcement 9-2 Catchlines 1-3 Hours 9-1(2) Court cost Signs 9-2 Assessment of additional court costs for Violations and penalties 9-2 criminal justice education expendi- COUNTY tares 1-9 Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Designated and cited 1-1 COURTS References to chaptexs or sections 1-3 Court cost Ropeal of ordinances, effect o£ 1-4 Assessment of additional court costs for Severability of parts 1-5 criminal justice education expendi- Village clerk, duties re recording ordi- tares . 1-9 nances 2-6'7(3) Village logo 1-10 D Violations and penalty 1-8 DECALS COIN-OPERATED AMUSEMENTS Combat Auto Theft (CAT) 18-19 Proximity to schools restricted 19-4 DEPARTMENTS AND OTIIER AGENCIES COMBAT AUTO THEFT (CAT} OF VILLAGE Establishment, regulations 1$-19 Administrative coda................. q. 2-39 et se COMMITTEES, COMMISSIONS. See: DE- See: ADMINISTRATIVE CODE PARTMENTSANDOTHERAGENCIES Appearance board. See: APPEARANCE OF VILLAGE PLAN (Appendix A) Audit committee 2-56 et seq. COMMUNICATIONS See: AUDITS Telecommunications Code enforcoment board 2-171 et seq. Generally 29-1 et seq. Committees and boards generally; resi- See: TELECOMMUNICATIONS dency requirements 2-1 Service tax 26-51 et seq. Country club advisory board 9-16 et seq. See: TAXATION See: COUNTRY CLUB COMPUTATION OF TIME Finance, depautment of 2-59 See: FINANCES Defmitions and rules of construction 1-2 Fire and police retiremont board of trust- CONCURRENCY MANAGEMENT ees . . 2-164 et seq. Provisions enumerated 21-41 et seq. See: PENSIONS AND RETIREMENT See: PLANNINGAND DEVELOPMENT Fire division 12-29 et seq. See: FIRE PREVENTION AND PRO- COUNCIL. See: VILLAGE COUNCIL TEGTION COUNTRY CLUB General employees retirement board 2-151 et seq. See: PENSIONS AND RETIREMENT Advisory board Library board 18-I6 et seq. Compensation 9-19 Library, department of 2-93 Composition 9-17(a) Meetings of boards and commissions; ad- Created 9-16 journment of 2-3 Duties Meetings of specific boards, etc. See spe- Administrator 9-21(b} pfic subjects Budget 9-21(d) planning and development board of adjust- Management and administ~•ation.... 9-21(a) meat 21-21 Village employees 9-21(c} planning commission.................... 21-11, 21-12 Meetings 9-20 Public safety, department of............. 2-75, 2-76 Officers' quorum . 9-19 See; PUBLIC SAFETY DEPARTMENT Removal,... 9-18 Terms 9-17(b} Vacancies 9-17(c) Finances Delinquent accounts; penalties , 9-32 Premises Disfiguration and/or removal of building ar other property 9-1(1) Sapp. No. 31 2940 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cant'd.) {Cont'd.) General standards Firo alarm system 12-53 Anchoring......................... 12.5-41(1) Generally 12-51 Constz~uction materials and methods 12.5-41(2) Housing 12-54 Enclosures below lowest floor....... 12.5-41(6) Private use of equipment 12-55 Mechanical and utility equipment... 12.5-41(5) Tampering with equipment 12-56 Subdivision proposals 12.5-41(4) Impersonating fireman 19-5 Utilities 12.5-41(3) Motor equipment and members' cars des- Regulatory floodways 12.5-43 ignated emergency vehicles i2-31 Sand dunes and mangrove stands 12.5-45 Personnel Specific standards Badges 12-4I Nonresidential construction........, 12.5-42(2) Car insignia 12-42 Residential construction............ 12.5-42(1) Other officers accountable to chief... 12-39 Interpretation 12.5-9 Police assistance 12-43 Lands to which provisions applies........ 12.5-6 Special police powers 12-40 Methods of reducing flood lasses 12.5-4 Volunteer firefighters, length of service Noncompliance, penalties for 12.5-11 award plan for 2-17a et seq. Statement of purpose and objectives...... 12.5-3 See: PENSIONS AND RETIREMENT Statutory authorization 12.5-1 Florida fire prevention code Variance procedure 12.5-24 Adopted by reference 12-16 FLORIDA, STATE OF. See; STATTti Hazardous substancos, cost recovery far cleanup, abatement and removal of FOLLOWING, PRECEDING Authority of public safety department.. 12-1a2 Definitions and rules of construction 1-2 Cost reimbursement to village........ , 12-1a3 Definitions 12-lal FOOD AND FOOD PREPARATION Exceptions for fire suppression services 12-1a5 Barbecue grills and similar cooking dovices 19-1o Late fee for failure to reimbursement 12-106 FORFEITi1RES, See: FIlV~S, FORFEPPURES Records 12-1a4 Ate} OTHER PENALTIES Remedies 12-1a7 Pension and certain other benefits for fire FOWL. See: AN I NTAT S AND FOWL and police employees 2-159 et seq. FRANCHISES See: PENSIONS AND RETB~EMENT Enumerated. See Appendix D FIREARMS AND WEAPONS Use of rights-af--way for utilities.......... 28-1 et seq. Concealed weapons, carrying 19-184 See: UTILITIES Forfeiture; disposition 19-i86 Possession 19-183 G Sales xestricted Record of sales required 19-185(c) GAMBLING Specified weapons, display and sale of , 19-185(b} Animals, causing to fight 4-8 Switchblade knives prohibited......... 19-185(a) GARAGE AND OTHER SALES Stench bombs prohibited 19-82 Garage sales 17-61 See: STENCH BOMBS Permit required 17-62 FLOOD DAMAGE PREVENTION Violations and penalties . 17-63 Abrogation and greater restrictions 12.5-8 GARBAGE AND TRASH Areas of special flood hazard Abandoned, inoperative and junked prop- Basis for establishment . 12.5-7 erty Warnings regarding designations 12.5-1a Defini#cons 14-37 Building off cial Disposition of property 14-48 Designated as flood damage control ad- Hearing ministrator 12.5-21 Procedure far hearing 1~k-45 Duties and responsibilities 12.5-23 Request for hearing 14-44 Definitions 12.5-5 Impounded property, redomption of 14-51 Development permit Liability of owner or occupant 14-52 Required . 12.5-22 Notices Findings of fact 12.5-2 Content of notice , 14-42 Flood hazard reduction provisions Contents of public sale notice 14-49 Coastal high hazard areas 12.5-44 Notice of removal 14-47 Supp. No. 31 2943 NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH (Cvnt'dJ HEALTH AND SANITATION (Cont'dJ Notice to remove 14-40 Code enforcement board, applicability re.. 2-173 Procedure 14-41 Garbage and trash...................... 14-23 et seq. Prima facie evidence of violation....... 14-39 See: GARBAGE AND TRASH Prohibited conditions; enumerated eg- Park and recreation facilities; failure to ceptions 14-38 cooperate in keeping restrooms neat Public sale 14-50 or sanitary 20-2 Removal of property from premises 14-46 Rabies control 4-42 et seq. Responsibility for removal 14-43 See: ANIMALS AND FOWL Boats; refuse disposal 5-12 Weeds and brush 14-79 et seq. Garbage collection and disposal See: WEEDS AND BRUSH Charges Commercial use property waste dis- HEDGES. See: FENCES, WAI I S, HEDGES posal fees and collection proce- AND ENCLOSURES dares 14-30 HITCHHIKING Fee for excess amounts from cvmmer- Prohibitions 19-6 cial establishments 14-28 Generally 14-27 HOME OCCUPATIONS When and where paid 14-29 Customer service requirements and perfor- Definition 14-23 mance standards................... 17-2 Frequency of collection 14-26 Definitions 17-3(b) Garbage cans Effective date . 17-3(i) Kept covered 14-25 Occupational licenses. See also that subject Required 14-24 Generally.............,.............. 17-16 et seq. Landscaping; refuse container areas...... 27-41 Home occupation provisions Public services department Affidavit of applicant required , 17-3(e) Refuse disposal division 2-85(5) Appeals........................... 17-3{g) Weeds and brush 14-79 et seq. Requirement of occupational license. 17-3(c) See: WEEDS AND BRUSH Permitted uses, home occupations as 17-3{a) Repeal of ordinances 17-3{h) GATHERINGS. See: ASSEMBLIES Standards 17-3(d) GENDER Violation of standards or conditions deemed a Code violation 17-3(f) Definitions and rules of construction 1-2 GUNS. See: FIREARMS AND WEAPONS HORNS Noise control 19-103 H HOUSING HANDBILLS Boats, docks and waterways; anchoring Distribution restricted and mooring ' 19-7 Use of vessel for dwelling purposes in HANDGUNS. See: FIREARMS AND WEAP- prohibited area 5-25 ONS HOUSING CODE HANDICAPPED PERSONS. See: DISABLED Adopted by reference 15-1 AND HANDICAPPED PERSONS Amendments 15-2 Code enforcement board, applicability re.. 2-173 HAZARDOUS SUBSTANCES Recovery of costs for cleanup, abatement I and removal 12-101 et seq. See: FIRE PREVENTION AND PRO- IMPERSONATION TECTION Impersonating police ofi"icer; fireman or HEALTH AND SANITATION other village official 19-8 Animals and fowl, provisions re 4-11 et seq. IMPOUNDMENT Sea: ANIMALS AND FOWL Abandoned, inoperative and junked prop- Bathing reguIatians erty Diseased persons prohibited from bath- Redemption of impounded property 14-51 ing in public pool, etc............ 19-3 Boats, docks and waterways; unlawfully Boats, docks, etc., provisions re 5-10 et seq. anchored or moorod vessels See: BOATS, DOCKS AND WATER- Department of public safety to im- WAYS pound 5-19 Sapp. No. 31 2944 CODE INDEX Section Section 1NIPOUNDMENT (Cont'd.) LANDSCAPING (Cont'd.) Owner to be notified upon impound- Certain yard areas, off-street parking and ment 5-20,5-21 other vehicular use areas Dogs and cats . 4-30 Existing plant material 27-67 Installation 27-60 INDECENCY AND OBSCENITY Maintenance 27-61 Adult entertainment establishments Parking area interior landscaping , . 27-65 Zoning regulations re. See: ZONING EAp- Perimeter landscaping relating to abut- pendix C} ting properties 27-64 Alcoholic beverage establishments; nudity, Plant material partial nudity, sexual conduct prohib- Ground covers 27-62(e) ited 3-4 Lawn grass........................ 27-62[f) gbpless costumes 19-64 Quality 27-62(a) Vulgar language 19-65 Shrubs and hedges................. 27-62(c) Window peeping 19-66 Tree species........... 27-62(b) INSURANCE EXCISE TAXES Pores 27-62(d) Casualty insurance premiums 26-16 Required landscaping adjacent to public Property insurance premiums............ 26-17 rights-of-wap 27-63 Scope, applicability 27-59 INTRACOASTAL WATERWAY Sight distance adjacent to public rights- Marine sanctuary, designation as 5-141 of-way and points of across....... 27-66 Certificate of completion 27-35 INVESTMENTS Code enforcement board, applicability re.. 2-173 Investment policy of the village 2-4 Completed landscaping required for certif- icate of use and occupancy.......... 27-37 J Definitions 27-31 Improved nonresidential properties in ex- JOINTAUTHORITY istence on Septembor 23, 1971 Definitions and rules of construction 1-2 Applicable requiroments 27-40(b) Exceptions 27-40(c} JUNK Objectives 27-40(x} Abandoned, inoperative and junked prop- Plannisrg commission, submission ofplans erty I4-37 et seq. to.............................. 27-40(d) See: GARBAGE AND TRASH Objectives 27-32 Off-street parking landscape manual 27-38 H Plot use plan approval prerequisite to issu- ance of permits for building and pav- KNNES. See: FIREARMS AND WEAPONS ing 27-37 Refuse container areas 27-41 L Scope; applicability 27-34 Weeds and brush 14-79 et seq. LAKE WORTH See: WEEDS AND 13RUSII Marine sanctuary, designation as 5-101 Zoning ordinance, conflict with........... 27-39 Regulations governing constructicn of docks, I,IBRARY- piers in Lake Worth and Atlantic Dama ' ro ert unlawful I6-1 Ocoan 5-85 ~g P P Y Department of library LAND Librarian 2-93 Library board Buildings; construction on public land pro- hibited 6-1 APPointment......................... 16-17 Planning and deveiopment . . 21-01 et seq. Componsation, service without I6-20 See: PLANNINGAND DEVELOPMENT Composition 16-17 Subdivision regulations 36-1 et seq. Established . , , 16-16 See: SUBDIVISIONS (Appendix B) Meetings 16-23 Organization 16-21 LANDSCAPING Powers and duties 16-22 Aecessways 27-36 Qualifications.................... Appearance plan (Appendix A). See that Removal from office 16-24 subject Term of office 16-17 Application of provisions; enforcement.... 27-33 Vacancies 16-18 Supp. No. 31 2945 NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS LICENSES AND PERMITS {Cont'd.) Alarm permit . 19-208 et seq. When due and payable................ 17-19 See: ALARMS Park and recreation facilities; meeting and Boat launching area permits 5-34 gathering permits.................. 20-31 et seq. Boats, docks and waterways See: PARKS, PLAYGROUNDS AND Limitation on anchoring and mooring in REGREATION prohibited aroa; mooring permit Public services department, division ofper- required 5-18 mite and inspections 2-85(1) Bulkhead lines; filling permit............ 7-1$ et seq. Seawalls. See herein: Bulkheads and Sea- See: BUL1iHEAD LINES walls Bulkheads and seawalls 5-72 Sidewalk and driveway permits.......... 24-55 et seq. Code enfoxcement board, applicability re.. 2-173 See: STREETS, SH)EWALKS AND PUB- Driveways.See herein: Sidewalk and Drive- LIC PLACES way Permits Street excavation permits 24-28, 24-29 Emergency medical services 11.5-21 Swimming pool permits 25-3 Flood damage prevention devolopment per- Utilities mit . 12.5-22 Use ofrights-of--way for utilities; written Garage,reIated sales 17-62 permit.......................... 28-2, 2$-3 Home occupations. See also that subject Generally 17-16 et seq. LOGO Occupational license for home occu- Village logo 1-10 potions 17-3(c) et seq. LOTS Noise control; special permits excepted 19-119 Subdivision design standards 36-18 Occupational licenses Zoning regulations 45-1 et seq. Application for 17-18 See: ZONING (Appendix C) Commercial vehicles, marking of 17-33.1 Compliance by principal deemed compli- LOUDSPEAKERS ante by agent 17-29 Noise control policy re loudspeakers and Delinquency penalty 17-20 devices for advertising 19-105 j Doing business not covered by license.. 17-28 Duplicate licenses 17-27 M Duration 17-19 MANAGER. See: VILLAGE MANAGER False staEements Engaging in business without license MANGROVE STANDS or under license issued on 17-32 Flood damage prevention provisions 12.5-45 License obtained by void ab initio 17-28 Half-year license . 17-19 MAPS. See: SURVEYS, MAPS AND PLATS Home occupations. See a]so that subject MARINE SANCTUARIES Generally 17-16 of seq. Designated.............. Occupational license for home ac- • • • • • • • • • • • • • • • 5-101 cupations 17-3(c) et seq. MAY, SHALL Issuance 17-19 Definitions and rules of construction 1-2 Noncompliance of principal............ 17-29 MAYOR Nonprofit enterprise, special permit for 17-22 Civil disorders and disturbances Posted or carried, license to he 17-26 Refund of fee........... Mayor designated local authority for pres- 17-30 ervation of public peace.......... 8-21 Registration required 17-17 Village council; presiding officer at meek Renewal 17-20 ings............................... 2-18 Required; basis of one year............ I7-I6 Speeifiedprofessions, how tax construed MEASURES. See: WEIGHTS .A1VI) MEA- as to 17-21 SURES Suspension or revocation . 17-30 Tax exemptions 17-31 Tax schedule 17-33 Transfer of license New location 17-25 New owner 17-24 Variable factors within applicant's kuowl- edge, declaration where fee de- pends on 17-23 Supp. No. 31 2948 CODE INDEX Section Section POLLUTION PUBLIC SAFETY DEPARTMENT (Cont'd.) Smoke, dust, odors, liquids, etc... , 19-9 Traffic 2-76(b)(5) Stormwater management provisions re pol- Emergency medical services 11.5-21 et seq. lutant loads . 21-67 See: EMERGENCIES Waterways, pollution of 5-13 Wellfield protection PUBLIC SERVICES DEPARTMENT Regulation of business activities with Director's duties 2-$4 potential to contaminate land and Divisions water resources 19-221 Municipal garage..................... 2-85(4) Parks . 2-85(2) PRECEDING, FOLLOWING Permits and inspections 2-85(1) Definitions and rules of construction 1-2 Refuse disposal 2-85(5) PROFANITY Signal service 2-$5(3) Vulgar language prohibited in public places 19-fi5 Street maintenance 2-85(6) PROPERTY R Abandoned, inoperative and junked prop- erty . 14-37 et seq. RABIES CONTROL See: GARBAGE AND TRASH Provisions enumerated q. Appearance plan (Appendix A}, See that 4-42 et se See: ANIMALS AND FOWI. subject Boats, docks and waterways; unlawfully R.Al7IOS anchored or moored vessels Noise control 19-104 Unclaimed vessel to be sold; certifica- Police division, provisions re radio mainte- tion of sale 5-22 Hance............................. 2-78{b){6) Definitions and rules of construction 1-2 Dogs on property of others 4-28(b) REASONABLE TIME Insurance excise takes; property insurance Definitions and rules of construction 1-2 premiums 26-17 Noise from property 19-102 RECORDS. See: DOCUMENTS AND PUB- Subdivision regulations 36-1 et seq. LIC RECORDS See: SUBDIVISIONS (Appendix B) RECREATION. See: PARK, PLAYGROUNDS Weeds and brush 14-79 et seq. AND RECREATIDN See: WEEDS AND BRUSH PUBLIC PLACES. See: STREETS, SIDE- REFUSE. See: GARBAGIt~ AND TRASH WALKS AND PUBLIC PLACES Rl!,STROOMS PUBLIC RECORDS. See: DOCUMENTS AND Parks and recreation facilities; failure to PUBLIC RECORDS cooperate in keeping restxooms neat or sanitary 20-2 PUBLIC SAFETY DEPARTMENT Boats, docks and waterways; unlawfully RETIREMENT. See: PENSIONS AND RE- anchored or moored vessels TH~MENT Department of public safety to impound 5-19 Duector's duties S Designate instructor 2-75(2) Make assignments 2-75(1) SAND DUNES Divisions Flood damago prevention provisions...... 12.5-45 Fire SANITATION. See: HEALTH AND SANITA- Fire fighting 2-76(c){g) TION Fire prevention 2-76(c)(4) Maintain equipment 2-76(c)(2) SCHOOLS Report losses 2-76(c)(1) Coin-oporated amusements; proximity to Generally 2-76(a) schools restricted 19-4 Police Crime prevention 2-76{b)(3), {4) SEAWALLS Investigation 2-76(b)(3) Bulkheads and seawalls, construction re- Patrol 2-76(b)(2) quirements re 5-69 et seq. Radio 2-76(b)(6) See: BOATS, DOCKS AND WATER- Records 2-76(b)(1) WAYS Supp. No. 31 2951 NORT~I PALM BEACH CODE Section Section SEXUAL OFFENDERS AND S>aXUAL PRED- STENCH BOMBS ATORS Excepted uses 19-82(c) Sexual offender and sexual predator resi- Possession prohibited 19-$2(b) dente prohibition 19-31 Throwing or depositing.................. 19-82(a) SEXUALLY-ORIENTED ENTERTAINMI?.NT STORMWATER MANAGI?aMENT Adult entertainment establishments Adoption . 21-61 Zoning regulations re. See: ZONING (Ap- Applicability 21-61 pendix C) Design 21-61 Finished floor of structures, level of 21-fi3 SHALL, MAY Objectives of system design 21-fib Definitions and rules of construction 1-2 Open channels and outfall ditches........ 21-68 Post development runoff rates, volumes SHRUBBERY. See: TREES AND SHRUB- and pollutaut loads 21-fi7 BERY Storm drainage facilities generally 21-64 SIDEWALKS. Sae: STREETS, SHEWALKS Stormwater retention systems 21-69 AND PUBLIC PLACES Streets Minimum street grades 21-fit SIGNAL DEVICES Roadside swales 21-65 Noise control 19-103 Subdivisions, required improvements ro 36-31 Water quality 2I-70 SIGNATURE, SUBSCRIP'T'ION Zoning; surface water management Definitions and rules of construction 1-2 C-3 Regional Business District 45-34.1(8) SIGNS AND BII.LBOARDS STREETS, SIDEWALKS AND PUBLIC Code enforcement board, applicability re.. 2-173 PLACES Gountry club; provisions re signs......... g-2 Code enforcement board, applicability re.. 2-173 Outdoor displays. See herein: Signs and Definitions and rules of construction 1-2 Outdoor Displays Dogs on streets and sidewalks 4-28(a) Parl~ng irr violation of signs 18-36 Excavations Parks, regulations re traffic signs 20-5(3) Definition 24-16 Signs and outdoor displays Equipment to be guarded 24-18 Construction standards 6-117 Liability of village 24-20 Design standards 6-117 Permits Exempt signs 6-112 Fees.........,.................... 24-29 Location standards 6-117 Required 24-28 Measurement determinations 6-116 Protective measures 24-19 Permitted permanent accessory signs 6-115 Refilling, tamping by excavator........ 24-17 Permitted temporary signs 6-114 Resurfacing by village 24-17 Prohibited signs 6-113 Handbills; distribution restricted......... 19-7 Provisions generally 6-111 Hitchhiking prohibited.................. 18-6 Purpose and scope of regulations 6-110 Landscaping 27-31 et seq. See: LANDSCAPING Severability 6-118 Missiles, throwing 19-83 Zoning Motor vehicles and traffic 18-16 et seq. C-3 Regional Business District 45-34.1(7) See: 1VlOTOR VEHICLES AND TRt1p'- SOCIAL SECURITY FIG Agreement authorized 2-138 Obstructing passageway................. 19-47 Appropriations by village 2_14p Profanity; vulgar language prohibited 19-fi5 Declaration of o]ic 2-136 Public services department p y ' ' ' ' ' ' ' ' ' ' ' ' Division of permits and inspections 2-85(1) Exclusions from coverage 2-137 Streets maintenance division.......... 2-85(6) Records and reports . 2-141 Sidewalks and driveways Sacial secur7ty act adopted . . . 2-143 Dangerous or abandoned driveways.... 24-46 Withholding and reporting agent......... 2-142 performance of work by village upon Withholding from wages 2-139 failure of compliance............. 24-47 SPITTING Permits Spitting in public places prohibited....... 19-5 Driveway constriction Application; information required. 24-58 STATE Prohibited in certain instances 24-57 Definitions and rules of construction 1-2 Required 24-56 Supp. Nc. 31 2952 CODE INDEX Section Section STREETS, SIDEWALKS ANA PUBLIC PLACES (Cont'd.) Separate permits required for drive- ways and sidewalk construction 24-55 Sidewalks Constructed required in certain cases 24-41 Exceptions to requirements......... 24-42 Speci#'ications Driveways 24-43(c) Generally 24-43(a) Sidewalks 24-43(b) ~l"~lage engineer, driveways to be con- structed under supervision o£ 24-44 Supp. No. 31 2952.1 CODE INDEX Section Section TELEPHONES V Alarms; interference with public safety de- partment trunk line prohibited 19-215 VII.,LAGE Defmitions and rules of construction 1-2 TELEVISION Cable television rate regulation 17-1 VILLAGE COUNCIL TENSE Compensation 2-16 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 rulos 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 Parliamentaxy rules 2-27 Personal recreational use trailers; parking Village clerk, duties re 2-67 on residential property restricted 18-35 TRASH. See: GARBAGE AND TRASH V1I,LACrE LOGO Adoption 1-10(b) TREES AND SHRUBBERY Description 1-10(a) Cade 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,thrawing 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 Band 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 I9-66 U W UT]I.ITIES 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 rights-of-way 36-22(a) Definitions 19-200 Subdivisions, required improvements re 36-32 Enforcement 7.lelecommunicatigns service tag.......... 26-51 et seq. Emergency power 19-204 See: TAXATION Generally 19-203 Uss of rights-of--way for utilities Implementation Code enforcement board, applicability Exemptions 19-242(6) 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 2$-3 Required; term 2$-2 WATER SUPPLY AND DIS'T'RIBUTION Stormwater management 21-61 et seq. UTILITY TAX See: STORMWATER MANAGEMENT Collection 26-30 Wellfield protection 19-220, 19-221 Exemption 26-31 caning; C-3 Regional Business District Levied; rate 26-29 Surface water management 45-34.1(8) Supp. No. 3I 2g~5 NORTH PALM BEACH CODE Section Section WATERWAYS. See: BOATS, DOCKS AND ZONING (Generally) (Cont'dJ 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 BRilSH Lien Recorded statementofremoval costs con- stitutes lien; collection 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-$2 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 1S-1S Noise measurement procedure 19-113 WELLFIELD PROTECTION Business activities with potential to cen- taminate land and water resources, regulation of 19-221 County wellfield pxotection 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). Soo that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-3(a} et seq. See: HOME OCCiTPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning ordinances 21-12 [The next page is 2965] Supp. No. 31 2958