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Code of Ordinances Supplement 32 SUPPL~NiENT NO. 32 September 20D6 CODE OF ORDINANCES Village of NORTH PALM BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2006-13, adapted August 10, 2006. See the Cade Comparative Table for further information. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 145-148.1 145-148.1 156.3-158 157-158.1 325-326.1 325-326.1 333-335 333-335 725, 726.1 725, 726 2497-2500 2497-2500.1 2509-2510.2 2509-2510.2.1 2819, 2820 2519, 2820 2889 2$89, 2890 2937-2940 2937-2940 2943, 2944 2943, 2944 2947, 2948 2947-2948.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850} 576-3171 1-800-262-CODE Wehsite: www.municodo.com i Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on apage-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide far the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. 'T`itle page 1 81, 82 25 iii 1 83 25 v, vi OC 133 28 vii, viii OC 135, I36 24 ix OC 136.1, 136.2 24 x.i, x.ii 1 137, 138 30 x.iii 1 138.1, 138.2 30 xi, xii 31 I38.3 30 ~.ii, xiv 31 139, 140 29 xv, xvi 31 I40.1, 140.2 28 I 25 141, 142 31 3, 4 25 143, 144 31 5, 6 25 144.1, 144.2 31 7, 8 25 144.3 31 9, 10 29 145, 146 32 10.1, 10.2 29 147, 148 32 11, 12 25 14$.1 32 13, 14 25 149, 150 29 I5, 16 25 150.1, 150.2 31 17, 18 25 151 31 19 25 153, I54 26 65 29 155, 156 26 77 OC 156.1, 156.2 26 79, 80 OC 157, 158 32 Supp. No. 32 [1] NORTH PALM BEACH CODE Page No. Sapp. No. Page No. Supp. No. 155.1 32 559 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, 726 32 269 27 727, 728 5 319 29 729 5 321, 322 17 777 OC 323, 324 31 779, 780 OC 325, 326 32 751, 782 OC 326.1 32 783, 784 OC 327, 328 27 785, 786 OC 329, 330 27 787, 788 OC 331, 332 27 789 OC 332.1 27 839 OC t 333, 334 32 889 OC 335 32 891, 892 25 3$1 23 892.1 15 383, 384 27 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 27 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 398.11, 398.12 25 1051 OC 39$.13, 398.14 25 1053, 1054 3I 395.14.]., 398.14.2 25 1054.1, 1054.2 31 398.15, 395.16 31 1054.3, 1054.4 31 398.17 31 1054.5, 1054.6 31 399, 400 OC 1054.7, 1054.8 31 401, 402 OC 1054.9 31 403 OC 1055, 105E 27 453 OC 1057, 1058 27 455, 456 22 1059, 1060 2? 507 22 1061, 1062 8 509, 510 22 1063, 1064 8 511 22 1121 OC Supp. Nn. 32 [2] CPIECI{IdST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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, 1688 17 1231, 1232 2i 16$9, 1690 I7 1233, 1234 21 1739 14 1235, 1236 30 1741, 1742 21 1236.1 30 1781 21 1237, 1238 16 1783, 1784 21 1239, 1240 29 1785, 1786 21 1241, 1242 29 1787, 1788 21 1289 3 1789, 1790 21 1291, 1292 OC 1791, 1792 21 1293, 1294 29 1793, 1794 21 1295 29 1795,1796 21 1343 4 2043 OC 1345, 1346 22 2045, 2046 25 1346.1 22 2046.1 25 1347, 134$ 29 2047, 2048 OC 1349, 1350 29 2049, 2050 OC 1354.1 29 2051, 2052 OC 1351, 1352 14 2053 OC 1352.1 14 2353 OC 1353, 1354 OC 2355, 2356 OC 1355, 1356 OC 235'7, 235$ 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 1575, 1576 29 2481, 2482 23 ~npp. No. 32 [3] NORTH PALM BEACH CDDE Page No. Supp. No. Page No. Supp. No. 2483, 2484 23 2510.43, 2510.44 25, Add. 2485, 2486 23 2510.45, 2510.46 25, Add. 2486.1, 2486.2 23 2510.47, 2510.48 25, Add. 24$6.2.1, 2486.2.2 23 2510.49, 2510.50 25, Add. 2486.2.3, 2486.2.4 27 2510.51, 2510.52 25, Add. 2486.3 27 2510.53, 2510.54 25, Add. 2487, 2488 OC 2510.55, 2510.56 25, Add. 2488.1, 2488.2 I8 2510.57, 2510.58 25, Add. 2489, 2490 18 2511, 2512 30 2491, 2492 18 2512.1, 2512.2 23 2493, 2494 18 2512.3, 2512.4 30 2495, 2496 1$ 2512.5, 2512.6 23 2497, 2498 32 2512.7 23 2499, 2500 32 2513, 2514 OC 2500.1 32 2515, 2516 22 2501, 2502 25 2517, 2518 22 2503,2504 28 2619 21 2504.1, 2504.2 29 2819, 2820 32 2504.3 28 2869, 2870 OC 2505, 2506 10 2871 OC 2507, 2508 13 2873 OC 2509, 2510 32 2875, 2876 OC I` 2510.1, 251D.2 32 2877, 2878 OC 2510.2.1 32 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, 2890 32 2510.13, 251D.14 25, Add. 2933, 2934 25 2510.15, 251D.16 25, Add. 2935, 2936 3I 2510.17, 2510.18 25, Add. 2937, 2938 32 2510.19, 2510.20 25, Add. 2939, 2940 32 2510.21, 2510.22 25, Add. 2941, 2942 29 251D.23, 2510.24 25, Add. 2943, 2944 32 2510.25, 2510.26 25, Add. 2945, 2946 31 2510.27, 2510.28 25, Add. 2947, 2948 32 251029, 251D.30 25, Add. 2948.1 32 2510.31, 2510.32 25, Add. 2949, 2950 30 2510.33, 2510.34 25, Add, 2951, 2952 31 2510.35, 2510.36 25, Add. 2952.1. 31 2510.37, 2510.38 25, Add. 2953, 2954 25 2510.39, 2510.40 25, Add. 2955, 2956 31 2510.41, 2510.42 25, Add. 2965, 2966 28 Supp. No. 32 [4] CHECI~dST OF UP-TO-DATE PAGES Page No. Stipp. No. 2967 25, Add. Stipp. No. 32 [5] i~ ADMINISTRATION § 2-149 normal retirement date and has attained any reason shall have the option to receive a age fifty-five (55) and had five (5) years of refund of all amounts contributed by the vested credited service, a pension benefit of fifty employee without interest. If such option is elected {50) percent of the amount the participant by the fully or partially vested employee, then would have been entitled to, actuarially such employee shall no longer be a part of the reduced for early retirement, shall be paid pension plan and shall not receive additional to the surviving beneficiary for as long as pension benefits. the beneficiary shall live. Such amount (Ord. No. 1-83, § 3, 1-13-83; Ord. No. 9-94, § 2, shall be based on the amount payable 6-9-94; Ord. No. i2-95, 1, 2, 3-23-95; Ord. No. under the fifty (50) percent joint and 35-2003, § 1., 12-11-03; Ord. No. 16-2004, § 1, survivor option, reduced actuarially to the 7-22-04) age of the beneficiary. (2) If a member dies prior to the normal Sec. 2-149. Normal and optional forms of retirement date and is then employed by benefits. the village and has five (5) years of cred- (a) The normal form of retirement benefit is a iced service, such member regardless of monthly benefit for life. age shall receive pension benefits as set forth in subsection (3). (b) Each member entitled to a normal or early (3) The members specified in subsection {2) retiroment benefit shall have the right, at any above shall xeceive a benefit equal to the time prior to the date on which benefit payments member's vested accrued pension as com- begin, to elect to have this benefit payable under puted under section 2-14$(b) and shall be any of the options hereinafter set forth in lieu of payable to the designated beneficiary in such benefits and to revoke any such elections equal, consecutive monthly installments and make a new election at any time prior to the over ten (10) years. The benefit payment actual beginning of payments. The value of op- specifiedherein shall commence upon death tional benefits shall be the actuarial equivalent of of the plan member and approval of the the value of benefits otherwise payable. The mem- box shall make such an election by written re- pension board. quest to the board, such request being retained in (fj Termination of employment. A participant the board's files. who terminates his employment for reason other Option Y. Joint and last suraiaor option. The than death or retirement shall be entitled to a member may elect to receive a benefit deferred monthly retirement benefit commencing during his lifetime and have such benefit at his normal retirement date equal to the prod- uct of his vested percentage, as determined from (°r a designated fraction thereof} contin- ued after his death to and during the the following schedule, and his accrued benefit: lifetime of his designated beneficiary. The Credited Seraice Vested Percentage minimum joint and survivor percentage shall be fifty (50}percent, reduced actuari- Less than 5 0 ally to the age of the beneficiary. The 5 but less than 7 50 election of option 1 shall be null and void 7 but less than 9 75 if the designated beneficiary dies before 9 or more 100 the member's benefit payments commence. {g} Refund of contribution. All contributions Option 2. Life annuity with ten years certain. made by employees whose employment is termi- The member may elect to receive a monthly nated for any reason prior to vesting shall receive benefit for one hundxed twenty (120} a refund of all amounts contributed by the em- monthly payments certain. In the event ployee to the pension plan without interest. All the member dies after his retirement, but contributions made by fully ar partially vested before he has received retirement benefits employees whose employment is terminated for for a period of ten (10) years, the same Supp. No. 32 145 § 2-149 NORTfi PALM BEACI3 CODE t monthly benefit will be paid to the bene- {b) Other. Private donations, gifts and cantri- ficiary (or beneficiaries) as designated by butions may be deposited to the fund, but such the member for the balance of such ten- deposits must be accounted for separately and year period or, if no beneficiary is desig- kept on a segregated bookkeeping basis_ Funds noted, to the surviving spouse, or estate of from these sources may be used only for addi- the member. tional benefits for members, as determined by the board, and may not be used to reduce required Option 3. Other. ha lieu of the optional forms village contributions. enumerated in this section, benefits may (Ord. No. 1-83, § 5, 1-13-83} be paid in any form approved by the board so long as it is the actuarial equivalent of Sec. 2-151. Retirement board, establishment. the benefits otherwise payable. Option 4. Social security adjustment option. If a (a) There is hereby created a general employ- member retires before being eligible for ees retirement board of the village which shall social security benefits, he or she may consist of five (5) members. elect an option to receive a larger pension Two (2) members of the board shall be employ- up to the date he or she begins receiving social security benefits. The member's pen- ees of the village. The employee members shall be Sion benefits shall be appropriately re- elected at large by full-time village employees duced after social security payments be- who are not firemen or policemen. Employees who gin. The amount of reduction shall be are elected cannot work in the same departments actuarially determined by the actuary of the village. The term of service of employees on the general retirement board shall be indefinite (c) Lump sum payment. Notwithstanding any- or until the time such employee member of the thing contained within section 2-148 and section retirement board is retired, disabled, resigns, 2-149 to the contrary, the board, in its sole discre- terminates village employment or is removed for tion, may elect a lump sum payment to the misconduct by majority vote of the employees or beneficiary or beneficiaries in lieu of installments the council of the village or for nonparticipation when the monthly benefits do not exceed the sum by missing two (2} or more consecutive meetings. of one hundred dollars (~I00.00). This provision The election to the board shall be arranged by the applies to normal retirement, late retirement, village clerk, who shall give reasonable notice of early retirement and preretirement death regard- the election to the eligible voters. Ono (I) member less of the fact that the member elected retire- of the general retirement board shall be a resi- ment benefits to be made in monthly install- dent of the village, selected by the village council, menu one (1) member shall be the village manager and (Ord. No. I-83, § 4, 1-I3-83; Ord. No. 4-93, § 1, one (1) member shall be the village mayor. All 1-14-93) members of the board shall be voting members. The mayor may designate in writing another member of the village council to serve in his place, ec. 2-150. ViIl a ontri u i ns S ag c b t v and vote from tune to time. (a) Generally. So Iong as this system is in (b) Should a vacancy occur in the position of a effect, the village shall make a contribution to the member serving as an employee member, the trust fund in an amount equal to the total cost for village employees shall, within thirty (30) days, the year as shown by the most recent actuarial hold an election and elect a successor to serve. valuation of the system. The total cost for any Should the member appointed by village council year shall be defined as the total normal cost, plus resign or relinquish his duties on the general the additional amount sufficient to amortize the retirement board, his successor shall be ap- unfunded accrued past service liability over a pointed by the village council within thirty (30) forty-year period. days. Supp. No. 32 146 ADNIINISTRATIDN § 2-155 (c) The retirement board hereby created shall village. Each of the foregoing powers and func- perform all duties and enjoy all rights and powers tions reposed in the retirement board may be vested by law or ordinance, and the village attor- performed and carried out by the village trea- ney may give advice and legal assistance to said surer, at the direction of the retirement board retirement board in alI matters pertaining to the through duly authorized agents, provided that performance of their duties, whenever requested the village treasurer shall, at all times, maintain and may prosecute and defend all suits which continuous supervision over tho acts of any such may bo instituted by or against it; provided, agent(s); provided further, that legal title to the however, the retirement board may, in its discre- funds shall remain at all times in the name of the tion, employ independont legal counsel for such village. purposes, if funded by the village council, the expense of such employment to be paid by the (b) The village, or its designated funding agent, village. shall be the custodian of all securities, and the accretion thereof shall become a part of the gen- (d) The retirement board shall have full au- eral retirement fund. All funds and securities of thorny to administer all the provisions of this the general retirement fund shall be deposited division and shall cause all disbursements and with the village treasurer, who shall keep then in receipt for all monies received by the fund through a separate fund, and shall be liable for the safe- the office of the village treasurer. The retirement keeping of the same under the bond given to the board shall appoint a secretary who shall keep a village and shall be liable in the same manner complete record of all actions and proceedings by and to the same extent as is liable for the safe- the board. keeping of the funds of the village as provided for (e) Tho retiremont board shall continua to ex- by law. All funds now held by the village far this ist exclusively for the purpose provided by this retirement system are hereby transferred to the division and related legislation, and the respon- fund established by this division. sibility for the administration and proper opera- (Ord. No. 1-83, § 8, 1-13-83; Ord. No. 11-85, § 1, teen thereof and for effectuating the provisions of 7-11-85) the law relating thereto, is vested in the retire- ment board. Sec. 2-154. Qaths of office; meetings; quo- (Ord. No. 1-83, § 6, 1-13-83; Ord. No. 2006-J.4, § 1, rum. 7-27-06) Before entering upon their duties as members Sec. 2-152. Additional rules and regulations of the board, each member shall take and sub- scribe to the oath of office required by the village authorized. Charter, which oath shall be filed with the village The retirement board shall have the power to clerk. The board shall meet as often as necessary adapt rules and regulations, not inconsistent with or upon the call of the chairman or any member the provisions of this division, governing its activ- thereof or upon request of the village clerk. All hies and providing for the certification of the sum board meetings shall be held at village hall. A to be paid a retired member from the general majoxity of the board shall constitute a quorum retirement fund. for the transaction of any business. Notice of (Ord. No. 1-83, § 7, 1-13-83) meetings shall be given to council and the public at least seven (7} days in advance. Sec. 2-153. investing funds; custodian of se- (Ord. No. 1-83, § 9, 1-13-83; Ord. No. 06-2002, § 2, curities. 2-28-02) (a} The retirement board shall have the power Sec. 2-155. Repeal or termination of system. and authority to direct the village treasurer to invest and reinvest the assets of the general (a} This division establishing the system and retirement fund in a manner consistent with laws fiend, and subsequent ordinances pertaining to and statutes governing the investment of the the system and fund, may be modified, termi- 5upp. No. 32 147 § 2-155 NORTH PALM BEACH CODE / - noted or amended in whole or in part; provided graph {1), apportionment shall next be t that if this division or any subsequent ordinance made in respect of each member in the shall be amended or re Baled in its a Iication to service of the villa a on such date who has p pP g any person benefiting hereunder, the amount of completed at least ten (10) years of cred- benefits which at the time of any such alteration, iced service and who is not entitled to an amendment or repeal shall have accrued to the apportionment under subparagraph (1}, member or beneficiary shall not be affected thereby, in the amount required to provide the except to the extent that the assets of the fund actuarial equivalent, as described in (1} may be determined to be inadequate. above, of the actuarial normal retirement (b) If this division is repealed and not super- benefit, based on the credited service and seded by another pension plan, or if contributions average monthly earnings as of such date, to the system are discontinued, the board shall and each vested former member then en- titled tv a deferred benefit who has not, by continue to administer the system in accordance such date, begun receiving benefit pay- with the provisions of this division, for the sole menu, in the amount required to provide benefit of the then members, any beneficiaries said actuarial equivalent of the accrued then receiving retirement allowances, and any normal retirement benefit, provided that, future persons entitled to receive benefits under if such remaining asset value be loss than one (1) of the options provided for in this division the aggregate of the amounts apportioned who are designated by any of such members. In hereunder, such latter amounts shall be the event of such repeal, or if contributions to the proportionately reduced sa that the aggre- system are discontinued, there shall be full vest- gate of such amounts will be equal to such ing one hundred (100) percent of benefits on a remaining asset value. proportionate basis to the person entitled to ben- efits in accordance with the provisions thereof. (3) If there be any asset value after the (c) The following shall be the order of priority apportionments under subparagraph (1) and (2}, apportionment shall be made in for purposes of allocating the assets of the system respect of each member in the service of as of the date of such repeal of this division, or if the village on such date who is not enti- contributions to the system are discontinued with tled to an apportianxnent under subpara- the date of such discontinuance being determined graphs (1} and (2} in the amount equal to by the board: his accumulated benefits, provided that, (1) Apportionment shall first be made in re- if such remaining asset value be less than sped to each xetirod member receiving a the aggregate of the amounts apportioned benefit or each person receiving a benefit hereunder, such latter amounts shall be on such date on account of a retired (but proportionately reduced so that the aggre- since deceased) member, and each mem- gate of such reduced amounts will be ber who has, by such date, become eligible equal to such remaining asset value. for normal retirement but has not yet retired, an amount which is the actuarial (4) ~ there be any asset value remaining equivalent of such benefit, based upon the after the apportionments under subpara- actuaxial assumptions used for purposes graphs (1), (2) and (3), apportionments of the most recent actuarial valuation, shall lastly be made in respect of each provided that, if such asset value be less member included in subparagraph (3} than the aggregate of such amounts, such above to the extent of the actuarial equiv- amounts shall be proportionately reduced alent, as described in (1) above, of the so that the aggregate of such reduced accrued normal retirement benefit, less amounts will be equal to such asset value. the amount apportioned izr subparagraph (3), based on the credit service and aver- {2) If there be any asset value remaining age monthly earnings as of such date, after the apportionment under subpara- provided that, if such remaining asset Supp. No. 32 148 ADMINISTRATION § 2-157 value be less than the aggregate of the ment so made shall be a complete discharge of amounts apportioned hereunder, such any liability under the system for such payment. amounts shall be reduced so that the aggregate of such reduced amounts will (e) Bargaining unit employees. Nothing herein be equal to such remaining asset value. shall limit the village's authority to provide alter- nate retirement benefits to employees in each of (d) After all the vested and accrued benefits the bargaining units provided: provided hereunder have beon paid and after all (1) The benefit is provided pursuant to the other liabilities have been satisfied, then and only terms of a collective bargaining agree- then shall any remaining funds revert to the went ratified by the village council or is general fund of the village. the subject of a waiver of bargaining or a (Ord. No. 1-83, § 10, 1-13-83) memorandum of understanding. (2) No vested benefit is reduced or elimi- Sec. 2-156. Miscellaneous. noted. (a) Discharged members. Membors entitled to (3) An actuarial impact statement disclosing a pension as approved by the pension board shall the cost and effect of the modification is not forfeit the same upon dismissal from the made and reviewed by the village council village, but shall be retired as herein described. prior to ratification of the collective bar- gaining agreement. (b) Nonassignability. No benefit providod for (4) Tho terms of the modification are incor- herein shall be assignable ar subjoct to garnish- porated in this chapter of the Village Code ment for debt or for other Iegal process. by amendatory ordinance. (c) Pension validity. The board of retirement (Ord. No. 1-83, § 11, 1-13-83; Ord. No. 08-2U05, shall have the power to examine into the facts ~ 1, 5'26-05) upon which any pension shall heretofore ox here- Sec. 2-157. Direct transfers of eligible after have been granted or obtained to determine rollover distribution. if such pension was granted erroneously, fraudu- lently or illegally for any reason. The board is (1} General. This section applies to distxibu- empowered to purge the pension rolls of any tions made on or after January 1, 1993. Notwith- person heretofore or hereafter granted a pension standing any provision of the system to the con- under prior or existing law or heretofore granted trary that would otherwise limit a distributee's under this division if the same is found to be election under this section, a distributes may exroneous, fraudulent or illegal for any reason; elect, at the time and in the manner prescribed by and to reclassify any pensioner who has hereto- the board, to have any portion of an eligible fore under any prior or existing law or who shall rollover distribution paid directly to an eligible hereafter under this division be erroneously, im- retirement plan specified by tho distributes in a properly ox illegally classified. direct rollover. (d) Incompetents. If any member or beneficiary (2) Definitions. is a minor or is, in the judgment of the board, (a) Eligible rollover distribution: An eligible otherwise incapable of personally receiving and rollover distribution is any distribution of giving a valid receipt for any payment due him under the system, the board may, unloss and until claims shall have been made by a duly appointed guardian of such person, make such payment or any part to such person's spouse, children or other person deemed by the board, in its sole discretion, to have incurred expenses or assumed responsi- bility fox the expenses of such person. Any pay- Supp, No. 32 3.48.1 ADMINISTRATION § 2-165 {d} forfeitures. Any forfeitures arising shall be the system. Tha fiscal year for the keeping of applied to reduce future contributions to the plan.. records and rendering reports shall be from Oeto- No forfeited amount shall be applied to change ber 1 through September 30. benefit amounts for members. (Ord. No. 9-82, § 5, 6-10-82; Ord. No. 23-86, § 1, {c} Board meetings. The board shall meet at 12-11-86; Ord. No. 1-92, § 5, 2-13-92; Ord. No. least quarterly each year. All board meetings 30-95, § 4, 10-12-95; Ord. No. 29-96, § 1, 7-25-96) shall be held at village hall. At any meeting of the board, three {3) trustees shall constitute a quo- rum. Any and all acts and decisions shall be by at Sec. 2-164. Board of trustees-Generally. least three {3) members of the board; however, no trustee shall take part in any action in connection (a) Composition. The board of trustees shall with his or her own participation in the plan, and consist of five {5) members: four {4) of whom shall no unfair discrimination shall be shown to any be elected by a majority of the members of the individual participating in the plan. plan. Two (2) of the elected members shall be certified firefighters of the village, and two (2} {d) Power to bring and defend lawsuits. The shall be certified police officers of the village. The board shall be a legal entity with, in addition to fifth member of the board shall be a legal resident other powers and responsibilities contained herein, of the village and shall be appointed by the village the power to bring and defend lawsuits of every council. Each of the elected board members shall kind, nature and description. The board shall be be appointed for a period of two (2) years, unless independent of the village to the extent required he sooner leaves the employment of the village or to accomplish. the intent, requirements, and re- farfeits membership on the board, whereupon a sponsibilities provided for in this article and ap- successor shall be elected by a majority of the plicable law. members of the plan. Each of the elected board (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, members may succeed himself in office. The res- 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. ident member shall be a trustee for a term of two 22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02; (2) years unless he forfeits membexship on the Ord. No. 2006-04, § 1, 3-23-06; Ord. No. 2006-07, board and he zx~ay succeed himself in office. The § 2, 3, 5-25-06) resident member shall be appointed by the village council for a term commencing October 1, 1998, Sec. 2-165. Prior service. and expiringApri130, 1999. The resident member shall be appointed by the village council far a Unless otherwise prohibited by law, the years or fractional parts of years that a member previ- two-year term commencing May 1, 1999, and on ously served as a firefighter, police officer ar the first day of May of each second year thereof- public safety officer with the village during a ter. The resident member shall hold office at the period of employment and for which accumulated pleasure of the village council. The fifth member contributions were withdrawn from the fund, or shall have the same rights as each of the other the years and fractional parts of years that a four (4) members appointed or elected as herein member served as a firefighter, police officer or provided. The trustees shall by majority vote elect public safety officer for this or any other munici- from its members a chairman and a secretary, per county or state fire, police or public safety The secretary of the board shall keep a complete department, or any time served in the military minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive service of the armed forces of the United States, any compensation as such, but may receive ex- shall be added to the years of credited service penses and per diem as provided by law. provided that: (1} The member contributes to the fund the (b) Report and records. The secretary of the sum that would have been contributed, board shall keep, or cause to be kept in convenient based on the member's salary and the form, such data as shall be necessary for an employee contribution rate in effect at the actuarial valuation of the assets and liabilities of time that the credited service is re- Supp. No. 32 157 § 2-165 NORTH PALM BEACH CODE quested, had the member been a member Sec. 2-~66. Same-Power and authority. of this system for the years or fractional parts of years for which the credit is The board shall be the administrator of the requested plus amount actuarially doter- system and, as such, it shall be solely responsible mined such that the crediting of service for administering the pension fund. The board does not result in any cost to the fund plus shall have the power and authority: payment of costs for alI professional ser- (1) 'lb invest and reinvest tho assets of the vices rendered to the board in connection pension fund in: with the purchase of years of credited a. Time or savings accounts of a na- service. Lionel bank, a state bank insured by {2) Payment by the member of the required the Federal Doposit Insurance Cor- amountmay bemade within six (fi) months poration, or a savings, building and of the request for credit and in one lump Ioan association insured by the Fed- sum payment, or the member can buy eral Deposit Insurance Corporation. back this time over a period equal to the length of time being purchased or five b. Obligations of the United States or years, whichever is greater, at an interest obligations guaranteed as to princi- rate which is equal to the fund's actuarial pal and interest by the Government assumption. A member may request to of the United States. purchase some or all years of service. No c. Bonds, stocks, ar any other evi- credit shall be given for any service until dences of indebtedness issued orguar- all years of service which are to be repur- anteed by a corporation organized chased, have been repurchased. under the laws of the United States, {3) The credit purchased under this section any state or organized territory of shall count for all purposes, except vest- the United States, or the District of ing. Columbia, provided: {4) In no event, however, may credited ser- 1. The corporation is listed on any vice be purchased pursuant to this section one (1) or more of the recog- for prior service with any other munici- nized national stock exchanges pal, county or state fire, police or public and holds a rating in one of the safety department, if such prior service three (3}highest classifications forms or will form the basis of a retire- by a major rating service; and went benefit or pension from another 2. The board shall not invest more retirement system or plan, than five (5) percent of its as- (5) If a member who has either completed the sets in the common stock, cap- purchase of service or is in the process of ital stock, bonds or indebted- purchasing service terminates service for ness of any one {1) issuing any reason, including death or disability, company, nor shall the aggre- before vesting, the member's contribu- gate investment in any one (1) Lions will be refunded, including the issuing company exceed five (5) buyback contributions. percent of the outstanding cap- (6} A request to purchase service may be ital stock of that company, nor made at any time during the course of shall the aggregate of its invest- employment. However, the buyback is a ments inequities at cost exceed one time opportunity. sixty (60) percent of the pen- (Ord. No. 2-2003, § 1, 1-23-03} sign fund's assets. Editor's note-Prior to amendment section 7 of Ord. No. 1-92, adopted ~'eb. 13, 1992, repealed former § 2-165, relative ~ issue drafts upon the pension fund to additional rules and regulations, which derived from Ord. pursuant to this article and rules and No. 9-82, § 7, adopted June 10, 1ss2. regulations prescribed by the board. All Supp. No. 32 158 ADMINISTRATION § 2-166 such drafts shall be consecutively num- bered, be signed by the chairman and secretary or their designee, and state upon their faces the purpose for which the drafts are drawn. The village finance di- rector ar other depository of the viIlage shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the pension fund. (3} To finally decide all claims to relief under this article and under the board's rules and regulations. (4) To convert into cash any securities of the pension fund. (5) To keep a complete record of alI receipts and disbursemonts and of the board's acts and proceedings. (6) To recommend an increase or decrease in the benefits payable hereunder, through the adoption of an amendment to this Svpp. No. 32 158.1 ,I BOATS, DOCKS AND WATERWAYS § 5-34 after which time the Department of Public provide proof of ownership and recover back the Safety made every reasonable effort to find the proceeds of the sale in the time frame set forth owner of the same or if found, such owner herein, the proceeds of sale shall be forfeited to failed to repossess same, this vessel was Bald to the village. the highest bidder at public auction after legal (Ord. No. 12-98, § 8, 4-23-98; Ord. No. 2006-01, 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. Description of vessel; It shall be unlawfiil of any person to occupy for dwelling purposes any vessel in the prohibited Dated at Village of North Palm Beach, area except during the period covered by the Florida, this day of mooring pormit referred to in section 5-17. > 193 (Ord. No. 12-98, § 9, 4-23-98; Ord. No. 2006-01, § 3, 1-26-06) Name and Title of Officer (b) This form shall be in duplicate. The origi- Sec. 5-26. Fueling of marine craft. nil shall be given to the purchaser and the Fueling of floating marine craft at otbex than a duplicate bound in a book of record for the pur- marine service station is prohibited. poses intended. (Ord. No. 14-2002, § 1, 5-9-02; Ord. No. 2006-01, (Ord. No. I2-98, § 6, 4-23-98; Ord. No. 2006-01, § 3, 1-26-06) § 3, 1-26-06) Secs. 5-27-5-32. Reserved. Sec. 5-23. Same-Claiming of vessel by owner; paymient of casts. ARTICLE II. BOAT LAUNCHING AREA The ownex of such impounded vessel may take possession of such vessel at anytime prior to the Sec. 5-33. Designated; use restricted. time of sale provided herein, but such owner shall reimburse the village for all reasonable expenses Na person shall bring into, launch or operate for removal, storage, advertising and other ex- any vessel (as defined in F.S. § 32'7.02) upon any penses incurred as a result of tho impoundment of park property, including designated swimming such vessel, areas, except as such places as are or may be (Ord. No. 12-98, § 7, 4-23-98; Ord. Na. 2006-01, designated for such use or purposes by the North § 3, 1-26-06} Palm Beach Village Council. Such operation or use shall be in accordance with such rules and Sec. 5-24. Same-Reclamation of owner af- regulations as are now or may hereafter be adoptod ter sale. by the village council. All vehicles using the boat ramps ofAnchorage Park ar parking with a trailer The proceeds from the sale of any impounded at Anchorage Park must have a village launch vessel shall not be expended or disbursed for ramp sticker permanently affixed to the vehicle, ninety (90) days after the date of such sale. At any visible from behind the vehicle. time during such period, the owner, upon provid- (Code 1970, § 11-11; Ord. No. 2006-08, § 1, 6-8-06) ing proof of such ownership of such vessel, evi- denced by documentary written evidence, may Sec. 5-34. Repairs prohibited. recover back the proceeds of the sale, less all of the expenses incurred in regard to removal, stox- No repair work upon boats, boat trailers or age, advertising and a commission of five {5) other boating equipment shall be permitted at the percont on the grass sales price of such vessel for village boat launching area with the exception of the cost of making such sale. If the owner fails to minor repairs or adjustments essentially neces- Supp. Na. 32 325 § 5-34 NORTH PALM BEACH CODE sary to make such boat, txailex or equipment disposed of property, may, upon making proof of operable ox transportable to a professional facility such ownership ar interest, recover back from the devoted to such repair service. village the proceeds of the sale, less all the ex- Code 1970 11-12 enses of Garin for movin advertisin and ( ~ § ) p g ~ g~ g making such sale. Sec. 5-35. Vehicle/trailer parking in desig- {Code 1970, § 11-15) Hated areas; permits required. (a) No person shall park a vehicle on park Sec. 5-38. Violation; penalty. property at any place other than in the regularly Violation of any provision of section 5-33, Des- designated facilities provided for that particular ignated; use restricted or section 5-35, Vehicle/ type of vehicle unless otherwise directed by a law trailer parking in designated areas; permits re- enforcement officer or village employee or by quired, shall result in a civil fine of fifty dollars official signs or markings. 050.00) fox a first offanse and one hundrad dol- (b) No boats or boat trailers shall be allowed to lars {100.00) far any subsequent violation. remain more than twenty-four (24} hours at the (Ord. No. 2006-08, § 3, 6-8-06) village boat launching area unless a written per- mit therefore has been secured from the village Secs. 5-39-5-48. Reserved. manager or his designee. Such permits shall be issued upon such reasonable regulations and upon ARTICLE ITT. CONSTRUCTTON such cost as shall be determined, from time to time, by the village council. REQUIREMENTS {Code 1970, § 11-13; Ord, Na. 2006-08, § 2, 6-8-06) DTVISTON 1. GENERALLY Sec. 5-36. Abandonedboats and equipment- Disposition. Secs. 6-49--5-5b. Reserved. (a) It shall be presumed that the owner of each boat, each boat trailer, and each piece of boat DIVISION 2. CANALS equipment found on the village boat launching area as to which there is not then outstanding a Sec. 5-56. Compliance with division re- currently effectivo permit issued under soction quired. 5-35 of this chapter, has abandoned such boat, boat trailer or piece of boat equipment. All canals for navigation and/or drainage pur- poses to be dug or constructed within the corpo- (b} Thereupon, it shall be lawful for the vil- rate limits of the viIlage, Dither in whole or in loge, through its officers ox employees, to remove part, whether or not such canal is dedicated to the such abandoned material from such aroa, destroy- public, shall be subject to the requirements set ing that which is junk and disposing of all other forth in this division. material for the best price, and upon the bolt terms available. The net proceeds of any such sale (Code 1970, § 11-21) shall be deposited in the general fund of the village. Sec. 5-57. General requirements. (Code 1970, § 11-14) (a} All canals shall be provided with reinforced ar prestressed concrete bulkheads which shall Sec. 5-37. Same-Recovery, meet the requirements of the village building code At any time within ninety (90) days after the and the village ordinances concerning zoning as disposition of any boat, boat trailer or equipment they are concerned with bulkheads. under section 5-36 of this chapter, the owner, or 'Cross re€erences-Buildings and building regulations, any person having any alleged interest in such C3~. s; coastal construction code, § 6-151 et seq. Supp. Na. 32 326 BOATS, DOCKS AND WATERWAYS § 5-59 (b} All canals to be constructed in areas pro- posed to beplatted shall meet the requirements o£ the subdivision ordinance of the village, as set out in Appendix B of this volume, and amendments thereto, and must be approved as part of the plan of development of the proposed platted area. (c) Canals to be constructed in unplatted areas shall meet the requirements of the village build- ing code and alI ordinances of the village relating to zoning, and plans for the construction of any canal must be approved by the engineers of the village prior to the issuance of a building permit for such canal. (Code 1970, § 11-24) Cross reference-honing, App. C. Sec. 5-58. Navigation canals. Canals which may be used for navigation shall have a minimum width of eighty (80) feet face to face of bulkheads constructed on the sides thereof, with the exception of the bottom profile xequire- 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. 5-59. Drainage canals. Canals which are constructed or dug for drain- age purposes only and which may be used for drainage purposes only shall be of the width required to provide sufficient cross section for drainage requirements and shall have a mini- mum bottom elevation of minus eight (-8) feet mean sea Ievel. 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. 32 326.1 BOATS, DOCKS AND WAT)1RWAYS § 5-101 "{b) In granting any variance, the board of Sec. 5-91•i. Construction. adjustment may prescribe appropriate con- ditions and safeguards in conformity with Construction plans and location of erosion con- this part and any ordinance enacted un- trol structures shall be prepared by a Florida der its authority. Violation of such condi- registered engineer and be approved by the vil- tions and safeguards, when made a part Iage engineer. Prior to a permit being issued, of the terms under which the variance is Permits shall also be obtained from any other granted, shall be deemed a violation of authority having a legal interest in the waterway, the ordinance. lake, river, lagoon or other body of water involved. (Code 1970, § 11-40; Ord. No. 4-74, § 2} "(e) The board o£ adjustment may prescribe a reasonable time limit within which the Sec. 6-96. Control. action for which the variance is required shall be begun or completed or both." Every erosion control structure shall be owned (Ord. No. 1-82, § 1, 1-28-82; Ord. No. 28-98, § 4, and maintained by the village and shall be al- 12-10-98) tered or removed under the authority and deci- sion o£ the village council. Erosion control struc- Secs. 5-87 5-92. Reserved, tares may be constructed. by upland landowners under the supervision of the building official of the village. All erosion control structures shall DIVISION 5. EROSION CONTROL meet the minimum design requirements set forth STRUCTURES in this chapter, including permits, fees, surety bonds, minimum design requirements and other Sec. b-93. Definition, regulations. As used in this division, "erasion control strut- {Code 1970, § 11-40; Ord. No. 4-74, § 2} tares" shall mean seawalls andlor groins designed to control and prevent erosion of existing land Secs. 5-97-5-100. Reserved. masses which Iio outside established bulkhead lines or property lines in waterways, lakes, rivers, ARTICLE IV. MAR•1NE SANCTUARIES lagoons or other bodies of water in the village. (Code 1970, § 11-40; Ord. No. 4-74, § 2) Sec. 5-101. Designation of waters as marine Cross reference-Rules of construction and dofinitions sanetuarles. generally, § 1-2. Sec. 5-94. When permitted. (a) Definition. Marine sanctuary is defined as those areas within the village where the tide ebbs Erosion control structures shall be permitted and flows including, but not limited to, Lake to be constructed in the village only where land Worth, the Intracoastal VLTaterway and other wa- masses oxist waterward of any property line or ter areas throughout the village which under bulkhead line in the village and within the rights- normal circumstances support vegetation typi- of-way of any waterway, lake, river, lagoon or tally adapted for life in the water and for the other body of water in the village other than the Preservation and growth of fish breeding, recre- Atlantic Ocean. Erasion control structures shall anon and aesthetic areas. be permitted when the village engineer and vil- (b) Areas designated. The village nominates all loge council determine that such structure is water areas within its corporate limits, and, in necessary to prevent a land mass as described particular, Lako Worth and the Intracoastal Wa- above from eroding into the adjacent body of terway, to be designated as "a marine and wildlife water. {Code 1970, § 11-40; Ord. No. 4-74, § 2} 'Editor's note-Ord. No. 18-79, § 1, adopted Sept. 13, 1979, amended the Code by adding § 7-25. However, far Cross reference-Coastal eonstruction code, § 6-151 et purposes of classification, the new provisions have been redes- seq. ignated as Ch. 5, Art. N, § 5-101, at the editor's discretion. Sapp. No. 32 333 § 5-101 NORTH PALM BEACH CODE sanctuary" as provided for under Title TTT of the ARTICLE V. WATERWAYS BOARD Marine Protectign, Research and Sanctuaries Act of 1972. The villa a clerk is hereb dzrected to Sec. 5-102. Created. g y request the secretary of commerce to so designate A waterways board (hereinafter referred as the those portions of North Palm Beach to be marine "board"} for the village is hereby created. sanctuaries. (Ord. No. 18-2004, § 1, 7-22-04) (c) Area to be regulated. The village hereby Sec. 5-103. Composition; terms; vacancies. declares the waters of Lake Worth and the Intracoastal Waterway within its munieipalbound- (a) Composition. The waterways board shall consist of five {5) members and two (2) alternate aries to be a marine sanctuary in accordance with members who shall be village residents. its findings that these waters support substantial fish breeding and are one of the last known fish (b) Terms. At the first appointment of the five breading areas ixz Lake Worth, and contain therein {5) members, one (1) member shall be appointed unique mangrove species, mud flats and other for a term of one {1) year; two (2) members shall areas conducive to fish breeding and ecological be appointed for a term of two (2) years; and two conservation of marine life. Further, that such (2) members shall be appointed for a term of three areas are necessary tq be conserved for their (3) years. Thereafter, resident members shall be ecological purposes, as well as for the substantial appointed for terms of three (3) years. The terms recreational purposes offishing and boating which of all members appointed subsequent to Novem- occur thereon, as well as for the aesthetic value of ber 1, 2005, that have terms ending in November the substantial expanse of water, together with shall be shortened to April 30 of the last year of the appointed term; thereafter, terms of all mem- the marine life, mangroves and foliage connected bers shall expire on April 30. Alternate members therewith. Accordingly, the village council hereby shall be appointed on the same day that regular undertakes to regulate water areas, mangrove members are appointed and on an annual basis areas and other fish. breeding and recreation during April of each year to take effect the follow- areas within the village to the extent that such ing May 1 of each year and shall have the duty to regulations do not conflict with either state or sit far any regular member that is absent. Alter- federal law, and no disturbance of existing areas Hate members shall be appointed as first alter- within the village where the tide ebbs and flows Hate and second alternate and shall serve in that may occur without the specific authorization, per- order when required. The members shall serve at mit and license of the village, after due notice and the pleasure of the village council. hearing as to the ecological, conservation, recre- atign and aesthetic affect upon these areas shall (c} Vacancies. An appointment to fill any va- be had. cancy shall be for the remainder of the unexpired term of office. (Ord. No. 18-2004, § 1, 7-22-04; Ord. No. 2006-09, (d) Construction of section. The terms of this § 1, 6-22-06) section shall be in addition to any other terms set forth in this Code which are concerned with Sec. 5-104. Organization. applications for dredge and fill permits, applica- At the first organizational meeting of the board, tions for building, setback applications, etc., and the members shall elect a chairman and vice shall not be considered to be in lieu of any chairman from among its members. Subsequent requirements contained in the village Codq. to the initial organizational meeting where offic- {Ord. No. 18-79 1 9-13-79) ~ ~ ers are elected, the members shall elect the offic- Cross reference-Killing permits, 7-16-7-20. ers from among its members at the first regular meeting in may of each year. The presence of three (3) members shall constitute a quorum, and Supp. No. 32 334 BOATS, DOCKS AND WATERWAYS § 5-106 motions shall be approved by a majority of mem- after declare the member's office vacant and hers present. The members shall serve without promptly fill such vacancy far the unexpired term compensation. All meetings of the waterways board of office. shall be held at Village Hall, 501 U.S. Highway (Ord. No. 18-2004, § 1, 7-22-04) One, North Palm Beach, Florida, and shall be open to members of the public. {Ord. No. 18-2044, § 7-22-04) Sec. 5-105. Duties. The waterways board shall have the following missions and responsibilities: (1) The mission of the waterways board is to ensure that the waterways located within the Village of North Palm Beach and the marina located at Anchorage Park are maintained, operated and improved to provide the safest, most efficient, econom- ical and environmentally-sound water transportation route in the village and to provide sound use of village waterways that serve business, commercial fisheries and recreation. {2) The board shall identify, analyze, address and publicize issues that affect the village waterways, village citizens and users. (3) The board shall endeavor to build a grow- ing community of support through educa- tion ofits members, prospective members, community groups and relevant govern- ment officials. (4) The board shall make recommendations to the village council as to recommended improvements and establishment of poli- cies. (Ord. Na. 1$-2004, § 1, 7-22-04) Sec. 5-106. Removal. if a member of the waterways board or a designated alternate of the board is absent from three {3)regularly-scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman shall promptly notify the village council. The council may there- [The new page is 381] Supp. No. 32 335 l l FIII.E PREVENTION AND PROTECTION § 12-17 ARTICLE I. IN GENERAL Educational Secs. 12-1-12-15. Reserved. Day Care, Nursery Pre-school $ 35.00 All others 75.00 ARTICLE II. FLORIDA FIRE Healthcare/Institutional PREVENTION CODE 5,000 square feet and under $ 50.00 Sec. 12-16. Adopted by reference. 5,001--15,000 square feet 100.00 15,001-30,000 square feet 150.00 Under the authority of Florida Statutes, Sec- 30,001-100,000 square feet 250.00 Lion 633.0215 and 633.025, the "Florida Fire Pre- 100,001 square feet or 350.00 vention Code" adopted by the State Fire Marshal greater in Rule Chapter 4A-60 of the Florida Administra- tiveCode, including NFPA 1 Fire Prevention Code Transient Cadging, Apartment, Residential Board (2000 edition} and NFPA 101 Life Safety Code and Care, and Adult Living Facilitios (2000 edition), both as modified by Rule Chapter 4A-60 of the Florida Administrative Code, is herein 24 units and less $ 50.00 adopted by reference as the minimum fire code for 25-100 units 75.00 the village. There has been for at least ten (10) 101-500 units 150.00 days last past and shall be during the time that 501 units or greater 250.00 this code is in effect, two (2) copies available for public use, inspection, and examination. Mercantile, Office, Storage, Industrial (Ord. No. 12-2002, § 1, 5-9-02} and Manufacturing Editor's note-Ord. No. 05-2002, § 6, adopted Feb. 28, 2002 and Ord. No. 12-2002, § 2, repealed § 12-16, in its 5,000 square feet and under $ 35.00 entirety. Drd. No. 12-2002, § 1, adapted May 9, 2002, enacted ~r~Q41,---,1.1r,QQQ SgLiapO feet 50.00 provisions to read as herein set out. Prior to amendment § 12-16 pertained to [fire prevention code] adopted by refer- 15,001-30,000 square feet 75.00 ence and derived from Cade 1970, § 6-11; Drd. No. 16-75, § 1, 30,001-100,000 square feet 150.00 adapted Oct. 9, 1975; Ord. No. 13-77, § 1, adopted July 14, 100,001 square feet or 250.00 1977; Ord, No. 22-$0, § 1 adopted Oct. 9, 1980; Ord. No. 7-83, greater § 1, adopted Aug. 25, 1983; Ord. No, 3-87, § 1, adopted Jan. 22, 1987; Ord. No. 6-90, § 1, adopted Mar. 22, 1990; Ord. No. 13-92, § 1, adopted Sept, I0, 1992; and Ord. No. 11-97, § 1, Marinas and Boat Storage Facilities adopted Feb. 27, 1997. Cross re£erenees-Building, gas, mechanical and plumb- 54 boat slips and under $ 50.00 ing codes adapted, § 6-17; housing code adopted, § 15-1. 51-100 boat slips 150.00 101-250 boat slips 200.00 Sec. 12-17. Fire inspection fee schedule. 251 boat slips or greater 300.00 (a) Effective October 1, 2006, the following annual fire inspection fees are hereby established Tent and Temporary Structures for both new and existing buildings inspected All $35.00 under the provisions of this Code: Assembly (b) There shall be atwenty-five-dollar charge Occupancy of: for each reinspection which requires an addi- 54-299 $ 50.00 tional trip to a building or job site by a fire 300-999 75.00 inspector. This fee shall be applicable to new 1,000-4,900 150.00 construction and existing buildings. 5,000 or greater 250.00 5upp. No. 32 725 § 12-17 NORTH PALM BEACH CQDE ICI {c) The effective date for collection of fire in- spection fees is October 1, 2006, and an an annual basis thereafter and to be made a part of the occupational license and paid therewith. (Ord, No. 2006-13, 1, 2, 8-YO-06) Secs. 12-15-12-28. Reserved. ARTICLE III. FIRE DIVISION` DIVISION 1. GENERALLY Sec. 12-29. Created; fiinction. A division to be hereafrtor known as the Village of North Palm Beach Fire Division, the object of which shall be the prevention and extinguish- ment of fire and the protection of life and property within the limits of the village, is hereby created. (Code 1970, § 1~-1) Sec. 12-30. Composition. (a) The division created by this article shall consist of a chief and such other officers as the village *Editor's note-On Aug. 27, 1968 the village entered into a mutual fire-fighting aid or protection pact with other 3nu- nicipalities and fire control districts located in county (see Resolution Na. 363-68). Cross references-Admuiistrative code provisions nn de- partment o£ public safety, § 2-75 et seq.; length of service award plan for volunteer firefighters, § 2-I70 et seq. Supp. No. 32 2 76 APPENDIX C ZONING § 45-31 Table of Parking Uses Spaces .Required each shall require ninety {90) off-street parking spaces; and ninety (90) dwelling units contain- ing two (2) bedrooms each shall require one hundred thirty-five (135} off-street parking spaces). Building lots containing five (5) or more stores, or There shall by a ratio of four (4) square feet of fifteen thousand (15,000) square feet of building parking (including driveways required for in- gress and egress and circulation) to each one square foot of retail floor space. Veterinary establishments Five (5} spaces per veterinarian based an the maximum design capacity of the facility, or five (5) spaces for every four hundred 0100} square feet of usable floor space, whichever is greater_ H. Off-street parking lot layout, construction 5. Plans for the layout of a parking lot must and maintenance. Whenever the required off- be approved by the village engineer based street parking requires the building of a parking on design standards approved by the In- lot, and wherever a parking lat is built, such stitute of Traffic Engineers. parking lot shall be laid out, constructed and maintained in accordance with the following reg- 6. The parking lot shall not have access from ulations: amore xestrictive zoning district. 1. Each parking space shaA be not less than 7. No parking shall be permitted in the front two hundred (200) square feet in area and yard ar the side yard. shall be a definitely designated and marked stall adequate for one (1) motor vehicle. I. Time-share structures; floor area. In time- 2. All areas devoted to permanent off-street share structures, oach dwelling unit having one parking as required under this section (1} bedroom shall have a minimum floor area of seven hundred fifty {75p) square feet; an addi- shall be built in accordance with specifi- tional one hundred fifty (150) square feet of floor cations for streets and parking of the area shall be required for each additional bed- Village of North Palm Beach and main- room provided. tained in such manner that no dust will result from continuous use. J. Architecture. To provide the village with 3. The parking lot shall be drained to elim- harmonious development, but without undue re- inato surface water. strictions, the following features are required: 4. Where parking lot abuts a residential 1. All building fronts and sides must be district which has common frontage in the completely enclosed except for necessary same block with the parking lot, there doorways for ingress and egress. shall be established a setback line of twen- ty-five {25) feet from the street lot line for 2. No canopies are permitted unless con- the first twenty-five (25) feet from the structed of metal ar other permanent ma- residential zone. terials and [unless the canopies] are in- 5upp. No. 32 2497 § 45-31 NORTH PALl1+! BEACH CODE stalled parallel to the store front sidewalks b. For each ono and one-half (li/a) des- pot less than nine {9) feet above the side- ignored boat storage spaces con- walk, netted with wet boat storage facili- (Ord. No. IO-73, § 6, 9-13-73; Ord. No. I-78, § 1, ties, there shall be provided one (I) 2-9-78; Ord. No. 22-82, 4, 5, 9, 12-9-82; Ord. No. two hundred-square-foot parking 15-84, § 2, 7-I2-8~; Ord. No. 47-96, § 1, 12-12-96; space, exclusive of workshop and of- Ord. No. 27-99, 3, 4, 8-12-99} fice areas. c. For each one hundred (100} square Sec. 45-32. C-1Alimited commercial district. feet of workshop floor area, there A. Uses permitted. Within any C-1A limited shaII be provided one (1}two hundred- commercial district, no building, structure, land square-foot parking space, and for or water shall be used, except for one (1) or more each two hundred (200) square feet of the following uses: of workshop area above the first floor, there shall be provided one (1} two 1. Reserved. hundred-square-foot parking space. 2. Hotels, motels and time-share units. d. For oath three hundred (300) square feet of floor area used for office pur- 3. Restaurants other than drive-in restau- poses, there shall be provided ape (1) rants, including cocktail lounges. two hundred-square-foot parking 4. Nursery and private schools. space. 5. Golf club and its accessory uses such as e. All new marinas and major improve- restaurant, bar, driving range and equip- ments to existing marinas shall pro- ment store. vide sewage pump-out service to boats seven (7} meters (twenty-tyro and t fi. Professional offices including real estato ninety-seven hundredths(22.97)feet) offices, finance offices, medical and dental in length or mare. clinics and tho like, providing same are architecturally and structurally in her- 8. Multiple-family dwelling structures as a moray with the spirit of the community. component of a commercial planned unit dovelopment containing a commercial com- l. Marinas and their accessory uses such as ponent including retail and non-retail com- wetboat storage facilities, indoor dry boat mercial facing a primary street frontage storage facilities, gasoline supplies and with a depth to be determined by the such minor repair facilities as are inciden- village council. tal to boat storage and which do not involve major boat and/or engine over- B. Building height regulations. No main build- haul, provided alI facilities are atchitec- ing shall exceed two (2) stories or thirty {30) feet totally and structuraIly in harmony with in height at the required front, rear and side the spirit of the community. Provided fur- building lines. For structures in excess of two E2) they that: stories in height, five (5) feet shall be added to the a. For each three thousand (3,000} cu_ required front, rear and side yards for each story bit feet of designated boat storage added to the building in excess of two {2}. No main space connected with indoor dry boat buildng, however, shall occupy more than thirty- storage facilities and for each five five (35) percent of the site area so required. hundred {500) square feet of indoor C. Building site area regulations. retail boat display floor area, there shall be provided one {1) two hundred- 1. For single- and ruuitiple-family dwelling square-foot parking space, exclusive structures, the same as required in the of workshop and office areas. R-1 and R-3 districts, respectively. Supp, No. 92 2498 APPENDIX C ZONING § 45-32 D. Yard space regulr~tians. 4. Hotel apartments, one {1) space for each 1. Front yards. dwelling unit. {a) For main structures of two (2) sto- 4.1. Time-sharing units, the same as for C-A Ties or less, there shall be a front commercial district. yard of not less than fifty (50) feat 5. Motels, one (1) space for each guest bed- measured from the street line to the room, plus one (1) space for the resident front line of the main building, manager or owner. (b) For structures in excess of two (2} 6. Restaurants, one (1}space for each seventy- stories in height, the front yard depth five (75) square feet of floor area devoted required shall be controlled by the to patron use, or one (1) space per three provisions defined in paragraph B of (3} fixed seats, whichever is the greater, this section, and one (1) space for each ono and one- 2. Rear yard. half (1~/a) projected employees who would (a) For main structures of two (2} or less be actually working during peak employ- ment hours. stories, the same as for R-1 and R-2 district. 7. No parking shall be permitted in the first (b) For structures in excess of two {2) ten (10} feet of the required front yard stories in height, the rear dopth re- depth, measured from the front property quired shall be controlled by the line. The restriction against parking in provisions defined in Paragraph B of the first ten (10} feet of the required front this section. yard depth. measured from the front prop- erty line shall not apply to those proper- 3. Side yards. ties which have complied in full with the (a) For structures of two (2) stories or landscaping provisions of chapter 41-16 less, the same as far R-1 and R-2 through 41-25 [chapter 27, article III], districts. both inclusive. (b) For structures in excess of two (2) Each convalescent hospital and stories in height, the side yard re- nursing home shall be provided with quirements shall be controlled by one (1) parking space (200 square the provisions defined in paragraph feet) for each six (5) beds in the B of this section. establishment, plus one (1) parking (c} For a distance of ono (1) block on space for each three hundred (300} square feet of administrative and streets intersecting U.S. [Highway service area within the building No.I 1, measured from the right-of- way line of said U.S. [Highway No.] {kitchen, service halls, chapel, din- ing room, lounge, visiting areas and 1, side yards of at least twenty-five treatment rooms). {25} feet in depth shall be provided. F. Floor area regulations. E. Off-street parking regulations. 1. For single- and multiple-family strut- 1. In multiple-family dwelling structures, tunes, the same as for the R-1 and R-3 each. dwolling unit having ane (1) bed- districts, respectively. room shall have a minimum floor area of sevon hundred fifEy {750) square feet. An 2. Churches, the same as for the R-2 multiple- additional one hundred fifty (150) square family dwelling district. feet of floor area shall be required for each 3. For hotels, one (1} space for each three (3) additional bedroom provided. bedrooms, plus one (1) additional space 2. In time-share structures, each dwelling for each five (5) employees. unit having one (1} bedroom shall have a 5upp. No. 32 2,lgg § 45-32 NORTH PALM BEACH CODE t minimum floor area of seven hundred other complementary uses. The CC district shall fifty (750) square feet; an additional one serve as a transition between residential areas hundred fifty {150) square feet of floor and intense commercial development. area shall be required for each additional B. Uses permitted. The following uses are per- bedroom provided. witted in the CC transitional commercial district: G. Conditions for permitted uses: 1. Financial institutions 1. All activities, sales and storage of goods 2. Professional offices must be conducted entirely within com- pletely enclosed buildings with perma- 3• Florists vent nonmoving outside walls. The follow- 4. Clothing stores ing exceptions apply: 5. Stationary [stationery] stores (a) Restaurants that qualify under out- door seating provisions of Appendix 6. Photo studios/camera shops C-Zoning. 7. Sporting goods stores (b} Marinas with enclosed new boat re- 8. Gift shops tail display area may utilize outdoor g Candy shops rear and side yard site area for ground level new boat storage, rigging, mi- 10. Seamstress/tailor shop nor repair and display subject to the 11. Barber shops following conditions: 12. Hair salons (i) Outdoor storage, rigging, mi- nor repair and display areas 13. Nail salons shall be completely screened 14. Instructional dance/music studios from the view of the street right- of-way and adjacent properties C. Conditions for permitted uses: with an opaque wall or fence to 1. All activities, sales and storage of a height of six (6) feet. goods must be conducted. entirely (ii} The area of outdoor storage, within completely enclosed build- rigging and display area shall ings with permanent nonmoving out- not exceed the enclosed retail side walls. display floor area, including re- 2, No outside sidewalk of parking Iot tail display area office space, or storage {or) display of merchandise fifteen (15) percent of the fatal will be permitted. site area, whichever is less. {Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. 3. No manufacturing or production of 10-73, § 7, 9-13-73; Ord. No. 14-74; Ord. No. products for retail or wholesale will 14-7fi, § 1, 7-8-76; Ord. No. 22-82, 6, 7, 9, be permitted. 12-9-$2; Ord. No. 9-87, § 1, 5-28-87; Ord. No. D. Building height regulations. No building or 17-90, § 4, 6-28-90; Ord. No. 23-90, § 3, 6-28-90; structure shall exceed two (2) stories or twenty Ord. No. 27-99, § 5, $-12-99; Ord. No. 03-2001, five (25) feet. I, 2, 2-$-01; Ord. No. 2006-06, § 1, 4-13-06) E. Building site area regulations: Sec. 45-32,>E. CC Transitional cornrnercial dis- 1. Maximum lot coverage. Main and acces- trict. spry buildings shaIl cover no more than A. General description. This residentiallcom- thirty-five (35) percent of the total Iot mercial transitional district is to provide for the area. development oflow-intensity business offices and 2. Reserved. Supp, No. 32 2500 APPENDIY C-ZONING § 45-32.1 F. Yards. 1. Front yards. All buildings shall be con- structedfrom the Alternate A-I-A or Pros- Supp. No. 32 2r~0Q.] I APPENDIX C-ZONING § 45-35.1 for which changes are sought, the village council only at a joint and the proposed alternate stan- meeting with the Lake Park Town lards. Commission. 4. A specific list doscribing any of (Ord. Na. 8-95, § 1(Exh. A), 3-23-95; Ord. No. the additional land uses listed 18-95, 1, 2, 7-13-95; Ord. No. 1-96, § 1, 1-11-96; Ord. No. 35-96, § 1, 8-22-96; Ord. No. 1-97, § 1, in section 45-34.1(10)b. for which 1-9-97) the applicant is requesting ap- proval. Sec, 45-35. Public district. 5. Any volunteered limiting condi- Within any P public district, uses shall be tions that could provide assur- restricted to those necessary or essential to the antes that tho development as administration and operation of the village or any proposed would further the in- other governmental agency, including, but not tent and spirit of the C-3 dis- limited, to village hall, recreation facilities, wa- trict and the Comprehensive terworks, pumping stations and sewage facilities. Plan. (Ord. No. 3-82, § 1, 1-28-82) The site development plan, lists of alter- nate standards and additional land uses, Sec. 45-35.1. Planned unit development. and volunteered conditions should besub- I. Statement of intent. witted in a format suitable for attach- A. The intent of this section is to provide, in went to an ordinance approving the re- the caso of a commercial planned unit quests. development consisting of two and one- e. Approual process: PUD applications half (2.5} or more acres and in the case of under this section shall be forwarded a commercial planned unit development along with recommendations from consisting of 1.0 or mare acres that has an staff to the planning commission, underlying zoning of C-1ADistrict, and in which after holding a public hearing the case of a residential planned unit shall make a formal recommonda- developmont of five (5) or more acres, an tion of approval, partial approval, or added degree of flexibility in the place- disapproval. The village council shall went and interrelationship of the build- alsohold apublic hearing and decide ings and uses within the planned unit whether to approve, partially ap- development, together with the implemen- prove, or disapprove the PUD appli- Cation of new design concepts. At the same cation. Unless the application is dis- time the intensity of land use, density of approved in full, this action shall be population and amounts of light, air ac- byordinance. Tho applicant may then cess and required open space will bemain- proeeed to obtain all other needed tamed for the zoning distzict in which tho development permits in accordance proposed project is to be located. The with the village's regulations. village council hereby determines that the regulations pertaining to intensity of land £ Applications abutting or crossing a use, density of population and required municipal boundary: Any PUD ap- open space are the minimum require- plication for property abutting or ments for the protection and prpmotion of crossing the Lake Park town bound- the public health, safety and general wel- ary shall meet all of the above re- fare. Nothing herein should be construed quirements. In addition, to protect as allowing deviation for uses other than the interests of other C-3 landown- those specified as permitted uses, nor any ers and the town, a decision on the greater density of population nor any less PUD application shall bo made by required open space than that which is Supp. No. 32 2509 § ~k5-35.1 NORTH PAL~II BEACH CODE specified in this chapter for the zoning 7. The final approved development plan district in which a proposed project is to shall include the plat drawings and be located. necessary submittals demonstrating acceptability of alI factors and stan- B. Subject to the foregoing statement of in- lards evaluated in subsection N(A). tent, the village council may, in the case of commercial and residential planned unit S. All dwelling unit sizes, parking cri- developments, allow for minor modzfica- feria and building site coverage must tions of the provisions of this chapter in meet the requirements of the zoning accordance with the procedure set forth in code for each type of proposed use_ subsections II, III, N and V. 9. All land included for the purpose of TI. Filing of application. development within a planned unit A. Any person may file an application with development shall be owned or un- thevillage council for minor modifications der the unified control of the appli- af the provisions of this chapter. This cant for such zoning designation, application shall contain at least the fol- whether the applicant is an individ- lowing: ual, partnership, corporation, trust or group of individuals, partner- 1. All application and review proce- ships, trusts or corporations. The lures shall comply with section 21- applicant shall present satisfactory 12, Changes to zoning ordinances evidence of the unified control of the and section 45-49, Application for entire area by applicant within the rezoning, of this Code. proposed planned unit development and shall state agreement that, if he 2. A staterxzent listing and fully explain- proceeds with the proposed develop- ing the specific modifications of the provisions of this chapter 45 which went, he will: axe desirod, as well as the purposes a. Do so in accordance with the for which the modifications are in- officially approved development tended. plan and such other conditions 3. All application procedures shall be or modifications as may be at- as required by the subdivision provi- tacked to the conditional use. sions of this Code. b. Provide agreements, covenants, 4. Compliance with the viIlage cazo.pre- contracts, deed restrictions ox hensive plan is required. sureties acceptable to the vil- lage council, both for comple- 5. Land covered by the development Lion of the undertaking in ac- plan shall be platted concurrently cordance with the adopted with final approval of the develop- development plan, and also for went plan. tho continuing operation and 6. The fee for filing an application fora maintenance of areas, func- planned unit development shall be bons and facilities which the plan shows are not to be oper- one hundred dollars ($100.00) per ated or maintained at general acre for each acre contained within public expense. the boundary ofthe development plan, plus a prorated amount of the per c. Bind his development succes- acre fee for any portion of the level- sore in title to any commit- opment plan which exceeds evenly menu made under subsections divisible acreage. a. and b., preceding. Supp, No. 32 2~j10 APPI?aNAIX C ZONING § 45-35.1 10. Any tract of land for which a planned hazardous or inconvenient to the unit development is made shall con- neighborhood nor conflict with the fain sufficient width, depth and front- normal traffic of the neighborhood. age on a public dedicated arterial or In applying this standard, the com- major street or appropriate access mission shall consider, among other which will accommodate the pro- things: convenient routes for pedes- posed use and design. trian traffic, particularly of children; 11. In the event any building or strut- the xelationship of the proposed tore built under this section is de- project to main traffic thoroughfares stroyed or removed by or for any and to street and road intersections; cause, said building or structure, if and, the general character and inten- replaced, shall be replaced with a city of the existing and potential building or structure of similar size development of the neighborhood. In and type not exceeding the dimen- addition, where appropriate, the com- sions of the original building or strut- mission shall determine that noise, tore. The developer shall include the vibration, odor, light, glare, heat, elec- appropriate deed restrictions and/or tromagnetic or radioactive radia- covenants so as to require replace- tion, ar other external effects, from went as outlined above. any source whatsoever which is con- III. Referral to planning commission. The vil- netted with the proposed use, will loge council shall refer each application fora not have a detrimental effect upon planned unit development to the planning tom- neighboring property or the neigh- mission for study and recommendation. boring area in general. IV. Action of planning committee (commis- 3. The location and height of buildings, sion.] the location, nature and height of A. After a study of an application for a planned walls and fences, and the nature and unit development and the required public extent of landscaping of the site shall hearing, the planning commission shall be such that they will not hinder or make a recommendation to the village discourage the proper development council to approve, approve as modified, and use of adjacent land and huild- or reject the application based upon the ings nor impaix the value thereof. following standards: 4. The standards of density and re- l. The pxoposed use or uses shall be of quired open space in the proposed such location, size and character as project are at least equal to those to be in harmony with the appropri- required by this ordinance in the ate and orderly development of the zoning district in which the proposed zoning district in which situated and project is to be located. shall not be detrimental to the or- derly development of adjacent zon- 5• There shall be no uses within the ing districts. proposed project which are not per- t. The location and size of the proposed witted uses in the zoning district in which the proposed project is to be use or uses, the nature and intensity located. of the principal use and all accessory uses, the site layout and its relation Exception: A mixed use occupancy maybe to streets giving access to it, shall be allowed if the existing zoning district us- suchthat traffic to and from the use age is commercial. The mixed usage occu- or uses, and the assembly of persons panty shall only be residential and mer- in connection therewith, will not be cantile or residential and business. Supp. No. 32 210.1 § 45-35.1 NORTH PALM BEACH CODE C B. The commission may recommend such B. Uses permitted. Within any part of the changes or modifications in the proposed C-OS conservation and open space district, no plan as are needed to achieve conformity building, structure, land or water shall be used, to the standards as herein specified. The except for one or more of the following uses: reasons for the changes or modifications 1. Passive recreation. shall be included in the recommendation. C. The commission shall not recommend the 2. Flood control. project unless it finds that all of the 3. Protection of quality or quantity of ground standards as herein specified have been water or surface water. met. If there are minor modifications to 4. Floodplain management. the provisions of this chapter, the commis- sion may recommend its approval at the 5. Fisheries management. same time. It shall also, where it deems 6. Protection ofvogetative community or wild appropriate and necessary, recommend to life habitats. the village council those conditions to be imposed upon the project, its operation, or 7. Residential and administrative buildings both, that are needed to assure adherence fpr the protection of the C-OS district. to the aforesaid standards. 8. Single-family dwellings with accessory V. Action of village council. The village council, buildings customarily incident thereto. upon the receipt from the planning commission of tho report on the planned unit development and a. Building height regulations. No main building shall exceed two (2) stories the minor modifications to the provisions of this in height and no accessory building chapter may, after the required public hearing, more than one {1) story. approve or reject such project and modifications, incorporating with an approval such conditions as b. Building site area regulations. The the council deems appropriate. The approval shall minimum lot or building site far each be by ordinance. single family dwelling shall be ono VI. Effect of approval of aillage council. The (1) acre of upland area and have at approval of the application by the village council least one {1) Iot dimension, width or shall allow the building official to issue a building length, of a minimum of one hun- permit in conformity with the application as ap- dred fifty (I50) feet. proved. This permit shall specify with particular- c. Yard space regulation. No building ity the exact modifications to the provisions of or portion thereof shall occupy a this chapter which have been approved. The holder position fifty {50) feet or less from of this permit may then proceed with his project the upland wetland boundary of the in conformity with said permit. No deviations property. from the conditions of the permit shall be aIlowed except those which shall be in conformity with the C. Coastal zone protection. The Village of North basic provisions of this ordinance as they apply to Palm Beach adopts, by reference, the Palm Beach the zoning district in which the project is located. County Coastal Protection Ordinance No. 90-2 in {Ord. No. 23-79, § 1, IO-25-79; Ord. No. 10-s7, § 1, its entirety. 10-22-87; Ord. No. 2006-05, § 1, 4-13-06) {Ord. No. 20-90, § 2, 6-28-90; Ord. No. 25-90, § 1, 6-28-90; Ord. No. 24-91, § 1, 7-11-91} Sec. 45-35.2. C-OS conservation and open space district. Sec. 45-85.8. Northlake Boulevard Overlay A. Intent. The intent of this section is to pro- Zoning District (NBOZ). vide far land uses and activities within land areas Article 1 Established. designated for the primary purpose of conserving or protecting natural resources of environmental The Northlake Boulevard Overlay Zoning Dis- quality. trio (NBOZ) shall consist of that portion of real Supp. No. 32 2510.2 APPENDIX C ZONING § 45-35.3 properties within the village that front upon or ara adjacent to Northlal~o Boulevard as indicated on the official zoning map. Article 2 Co:osisteney With Com.prehexasi.ve Land Use Plan 5upp. Na. 32 2510.2.I l 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 ch. 177 App. B, Art. I, 1.01 et seq. 1-2 § 36-2 ch. 22F App, B, Art. II, App. B, Art. II, § 36-10 § 36-8 ch. 39 App. C, § 45-2 App. B, Art. II, Ch. 50 2-181 § 36-15 50.041 2-181 APP• B, 50.051 2.181 § 36-27 55.03 29-5{a) ch. 185 2-167 ch. 98 Ch. 10 185.08 26-16 ch. 101 10-7 202.195 29-8{m) 101.657 YO-13 203.012 26-51,29-3 112.181 2-161(e)(9) 29-5(b) 161.55(1)(d) 6-156 203.012(5)(b) 26-51 161.041 6-158 ch. 205 Ch. 17, .Art. II 161.053 6-154 205.043(2), 162.12(2) 2-180 205.043(3) 17-24, 17-25 ch. 163 12.5-1 205.053 17-20 21-1 205.192 17-22 21-11 210.03 17-33 21-43, 21-44 ch. 212 26-53 App. B, Art. I, 252 Ch. 8 § 36-2, APP. B, Art. 8-4(a)(2) I, § 36-4 252.38 et seq. 8-6 App, B, Azt. 1I, 253.125 7-19 § 36-16 280.02 2-4(~ App. B, Art. VI Ch. 316 18-20 163.01 2-4(B 316.OD8 Ch. 18 163.161 et seq. 21-01 316.272 19-117 ch. 163.170, App. B, Art. II, 316.293 I9-117 §163.3164(17) § 36-10 318.1955,316.1956 18-37 163.225(3}(a}--(c) 5-86 324.01(1) 14-37 163.295 6-150 ch. 327 Ch.S 163.3161 et seq. Ch. 21, Art, II 327.02 5-33 163.3177 21-44 335.065 App. B, Art. N, 163.3178 6-155 § 36-29.1 21-44 337.29 29-2 ch. 166 6-16 337.401 29-2, 29-3 Ord. No. 2478 § 3 29-6(a) 166.021 Ch, 17, Art. II 337.401(3) 28-3 166.221 17-34 337.403, 337.444 29-7 166.231 Ch. 26, Art. IiI 342.03 Ch. 5 ch. 174 21-2 362,01 29-2 174.01 Ch. 24 364,02 29-3 ch. 175 2-167 ch. 373 19-200 175.101 26-17 ch. 380 2I-44 Supp. IVo. 32 2819 NORTH PALM BEACH CODE Section Section this Code Agp, B, Art. II, § 36-10 380.04 21-103 393 App. C, § 45-2 ch. 394 App. C, § 45-2 ch. 440 App. C, § 45-2 ch. 401 11, 5-21 ch. 402 App. C, § 45-2 App. C, § 45-34.1 402.302(4), 402, 302(5) 17-33 413.08 4-27(d} ch. 419 i7-33 App. C, § 45-2 471.003 29-8{c)(1) ch. 472 App, B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 495 1-10 ch. 553 6-15 553.73 6-154 11-11 553.73(2) 6-2 561.01 3-1 561.OI et seq. Ch. 3 563.01 3-1 564,41 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, Div 2 2-136 650.02 2-136 658.12 2-4(q} ch. 760 App. C, § 45-2 768.28 29-12(d) 775A82, 775.083 2-1690 794.011 19-31 800.04 19-31 827.071 19-31 ch. 847 App. C, § 45-20 847A 145 19-31 s7o.a41 s-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-I59 943.25(13) 1-9 Supp. No. 32 IThe next page is 28697 ~8~~ CODE COMPARATIVE TABLE Adoption Sectiom Ord. No. Date Section this Code 14-2003 5- 8-03 1 Added 18-20 23-20D3 9-11-43 1 15-2(307.4) 2 Added 15-2(101.3.4) 4 Rpld 24-45 5 45-27.E. 25-2003 9-25-03 1 6-17 26-2003 9-25-03 1 19-213 27-2603 9- 9-03 i 5-84(6}, (g), (1D) 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 2-15s(~) 02-2004 1-22-04 1 4-27(b) 03-2004 2-26.04 1 18-20(a} 06-2004 4- 8-04 1-7 Added 2-51 2-57 14-2404 7- 8-44 1-3 App. C, § 45-34 16-2004 7-22-44 1 Added 2-148(8) 2 Dltd 2-158(d}(4) 17-2004 7-22-04 1 19-211 18-2004 7-22-04 1 Added 5-102-5-106 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 1 20-66{a) 27-2004 10-14-04 1, 2 Rpld 10-11, 10-12 29-2004 10-28-04 1 36-23 36-2004 12- 9-04 1, 2 2-115, 2-116 01-2005 1-27-05 1 2-52 02-2005 1-27-05 1 Added 10-13 03-2005 2-10-05 1 2-26 04-2005 2-10-05 1 App. C, § 45-36 F. 07-20D5 5-26-05 1 18-34 08-2005 5-26-05 1 2-156 12-2005 7-14-05 1 19-120 15-2005 7-14-05 1, 2 18-34(c), (d) 21-2005 9-22-05 1 2-76 22-2005 8-30-05 1 2-85 2 2-110 23-2005 9-22-05 1 Added 6-1i8 24-2005 9-22-05 2 Rnbd 17-2 as 17-3 1 Added 17-2 25-2005 9- 8-05 1, 2 2-146 3 2-158.1 26-2005 9-22-05 1 Added 19-31 27-2005 9-29-D5 1, 2 2-146 3 2-158.1 2006-01 1-26-06 3 Rnbd 5-16~i-25 as 5-17~-26 1 Added 5-16 2 5-18 2006-04 3-23-46 1 2-164(x), (6) 2046-05 4-13-46 1 App. C, § 45-35.1 I. Supp. No. 32 2ggg NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 2006-06 4-13-06 1 App. C, § 45.32 A. 2006-47 5-25-06 2 2-I64{a} 3 RpId 2-164{6} Rnbd 2-164(c)(e} as (b)(d) 2008-OS 6- 5-06 1 5-33 2 5-35 3 Added 6-38 2006-09 6-22-06 I 5-103(6) 2006-13 8-10-06 1,2 Added 12-i7 2006-14 7-27-OS 1 2-I51(a) 1 Supp. No. 32 2890 L'1'he next page is 2933] conE rNnEx Section Section BLOCKS BOATS, DOCKS AND WATERWAYS (Cont'd.) Subdivision design standards.,.,........ 36-18 Navigation canals 5-58 BOARDS, COMMITTEES AND COMMIS- Surety bond prerequisite to issuance SIONS. See: DEPARTMENTS AND of building permit in certain OTIIERAGENCIES OF VILLAGE cases 5-fit Docks and piers BOATS, DOCKS AND WATERWAYS Construction in waters other than Abandoned boats 5-8 Lake Worth andAtlantic Ocean, Anchoring and mooring regulations governing 5-84 Limitation on anchoring and mooring in Defnitions 5-81 prohibited area; mooring permit Generally 5-$2 required 5-18 Lake Worth and Atlantic Ocean, reg- Mooring limitations in lagoons (private ulations governing construction docks) 5-16 in............................ 5-85 Unlawfully anchored or moored vessels Minimum design requirements...... 5-83 Claiming ofvessel by owner; payment Variances 5-86 of costs 5-23 Erosion cantrolstructurea Department of public safety to im- Construction 5-95 pound 5-19 Control 5-96 Owner to be notified upon impound- Defntions 5-93 meet.......... 5-20 Permitted, when 5-94 Procedure in event owner cannot be Piers. See within this subheading: Doeka found 5-21 and Piers Reclamation of owner after sale..... 5-24 Seawalls. See within this subheading: Unclaimed vessel to be sold; certifies- Bulkhoads and Seawa]ls icon of sale 5-22 Definitions 5-1 Uso of vossol for dwelling purposes in Disturbing other boats 5-6 prohibited area 5-25 Exhibition boats exempted from certain Authority of city to board boats violating restrictions 5-4 provisions 5-17 Flood damage prevention provisions...... 12.5-1 et seq. Boat launching area See: FLOOD DAMAGE PREVENTION Abandoned boats and equipment Fueling of marine craft 5-26 Disposition . 5-36 Health and sanitation requirements Recovery 5-37 Cleanliness of docks.................. 5-11 Designated; use restricted 5-33 Observance of village health and con- Permits required duct rules 5-10 Boats remaining for more that 24 Pollution of waterways . 5-13 hours 5-35 Refuse disposal....................... 5-12 Repairs prohibited 5-34 Living aboard boats restricted 5-15 Vehicle/trailerporking in designated ar- Marine sanctuaries eas 5-35 Designation ofwaters as marine sanctu- Violation; penalty 5-38 sties Bulkhead lines Area to be re aced 5-101(c) 7-1 et seq. ~ See: BULKHEAD LINES Areas designated 5-101(b) Coastal construction code 6-151 et seq. Construction of pirovision........... 5-101(d} See: COASTAL CONSTRUCTION CODE Definition 5-101.(a) Code enforcement board, applicability re.. 2-173 Mooring, docking, or beaching of boats on Construction requirements public or privato property without Bulkheads and seawalls permission 5-9 Complianco with provisions required 5-69 Parking Inspection required 5-73 Boating equipment; parking on residen- Permit fee 5-72 tial property restricted........... 18-35 Specifications . 5-71 Prohibited parking upon right-of-way of Submission of plans and specifics- specific roadways 18-34.1 tiros 5-70 Running engines, hours in residential dis- Canals trios 5-14 Canal crossings 5-60 Searchlights, use of..................... 5-7 Compliance with provisions required 5-56 Speed limits; wakes 5-2 Drainage canals 5-59 Subdivision provisions xe waterways 36-22 et seq. General requirements 5-57 See: SUBDIVISIONS (Appendix B} Supp. No. 32 2937 NORTH PALM BEACH CODE Section Section BOATS, DOCKS AND WATERWAYS (Cont'd.) $UILDINCS (Cont'd.) Swimming in restricted waters 5-3 Missiles, throwing . 19-83 Water skiing . 5-5 Noise from building..................... 19-102 Waterways board 5-102 et seq. Obstructing passageway................. 19-47 BOISTEROUS CONDUCT Outdoor displays. See herein: Signs and Noisy and boisterous 19-106 Outdoor Displays Park and recreation facilities; erecting build- BONDS ings or structures 20-3 Administrative code; bonds required of ter- Public land, construction on prohibited 6-1 fain officers 2-42 Public services department; division ofper- Canal construction; surety bond prerequi- wits and inspections 2-85(1) site to issuance of building permit... 5-61 Signs and outdoors displays 6-I10 et seq. Finance director, duties re 2-59(7) See: SIGNS AND BII.LBDARDS Village managor 2-117 Smoke, dust, odors,Iiquids, etc,........., 19-9 BRUSH. See: WEEDS AND $RUSH Spitting in public places prohibited....... 19-5 Stormwator management; level of finished BUILDINGS floor of structures 21-63 Appearance code Subdivision regulations 36-1 et seq. Appeals and review 6-35 See: SUBDIVISIONS (Appendix B) Appearance plan 6-33 Swimming pools 25-1 et seq. Certificate of appropriateness See: SWIMMING POOLS Final hearings 6-57 Zoning regulations...................... 45-1 et seq. Follow-up by building inspector &-60 See: ZONING (Appendix C) Plamung commission Action of 6-58 BULKI3EAD LINES Approval by 6-59 Code enforcement hoard, applicability re.. 2-173 Preliminary consideration 6-56 Established; designated 7-1 Definition 6-31 Filling operation beyond bulkhead line pro- Intent and purposes 6-32 hibited............................ 7-2 PIanning commission, powers and du- Filling permit ties re 6-36 Application fees...................... 7-19 Short title . 6-30 Application; issuance 7-18 Appearance plan {Appendix A). See that Expiration date; renewal; revocation 7-20 subject Public hearing prerequisite to consider- Coasta] construction code 6-151 et seq. ation 7-I7 See: COASTAL CONSTRUCTION CODE Required 7-16 Code enforcement board, applicability re.. 2-173 Unlawful fill; removal 7-3 Codes Appearance code. See herein that sub- BULKHEADS jeet Bulkheads and seawalls, construction re- BuiIding code 6-17 quirements re 5-69 et seq. Coastal construction code 6-151 et seq. See: BOATS, DOCKS AND WATER- Electrical code 11-ll, 11-12 WAYS Energy efficiency building code 6-150 BUSINESS REGULATIONS Fire prevention code 12-16 et seq. Housing code 15-1, 15-2 Ambulances 17-50, 17-51 Country club . 9-1 et seq. Businesses located outside village limits See: COUNTRY CLUB Application for certificate of regulation. 17-34.2 Electrical code 11-11, 11-12 Certificate of business regulation re- Energy efficiency building code quired; basis of one year 17-34 Adopted by reference 6-150 Commercial vehicles, marking of 17-34.13 Flood damage prevention 12.5-1 et seq. Compliance by principal deemed compli- See: FLOOD DAMAGE PRIIVENTION ante by agent . . . 17-34.8 Housing code 15-1, 15-2 Delinquency penalty.................. 17-34.4 Landscaping 27-31 et seq. Doing business not covered by certifi- See: LANDSCAPING cote of regulation 17.34-7 Minimum construction standards Duplicate certificates of regulation..... 17-34.6 Authority 6-16 Duration. 17-34.3 Codes adopted 6-17 False statements Violations and penalty 6-19 Certificate obtained void ab initio 17-34.7 Supp. No. 32 2935 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CERTIFICATES (Cont'dJ Engaging in business without certifi- Historic site overlay district; certificate of cafe of regulation or under cer- appropriateness 45-37(H) tificate issued on 17-34,11 Fee exemptions 17-34.10 CIVIL DISORDERS AND DISTL7RBANCES. ee schedule 17-34.12 See: EMERGENCY MANAGEMENT Half-year certificate . 17-34.3 CLERK Issuance of certificate 17-34.3 Noncompliance of principal............ 17-34.8 Department of records, provisions re vil- Nonprofit enterprise, special permit for 17-34.5 loge clerk and deputy village clerk , , 2-67 et seq. Refund of fee 17-34.9 See: DOCUMENTS AND PUBLIC Registration requirod 17-34.1 RECORDS Renewal 17-34.4 CLU$S Suspension or revocation of certificate . 17-34,9 Country club 9-1 et seq. When due and payable 17-34.3 See: COUNTRY CLUB Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES COASTAL CONSTRUCTION CODE I~Iome occupations 17-3(a) et seq. Coastal construction requirements See: HOME OCCUPATIONS Location of construction 6-155(4) Occupational licenses 17-16 et seq. Majox structures, structural require- See: LICENSES AND PERMIT menu for 6-155(1) Wellfield protection Minor structures, structural require- Regulation of business activities with meats for 6-155(3) potential to contaminate land and Nonhabitable major structures, struc- water resources I9-22I Zoning tural requirements for , , . 6-155(2) Public access 6-155(5) Location of business far retail sales of alcoholic beverages 45-20(2}, 45- Definitions 6-154 36.N Flaod damage prevention I2.5-I et seq. C-3 Regional Business District...... 45-34.1(9) Seo: FLOOD DAMAGE PREVENTION Purpose $-152 References 6-156 C Scope CABLE TELEVISION. See: TELEVISION Applicability . . 6-153(a) Exceptions 6-153(6) CAMPING permits, application for 6-153{c} Recreational, boating and camping equip- Title 6-151 went; parking on residential property restricted . 18-35 CODE ENFORCEMENT BOARD Actions for money judgments CANALS Limitation 2-182 Construction requirements 5-56 et seq. Alarm regulations, enforcement re 19-217 See: BOATS, DOCKS AND WATER- Applicability 2-173 WAYS Declaration of legislative intent.......... 2-171 Definitions 2-172 CATS Enforcement procedure 2-175 Regulations enumerated . . 4-24 et seq. Fines; liens See: ANrMar s AND FOWL APPeals........... 2-1$0 CERTIFICATES Copies of ardera imposing fines........ 2-I78(d) Appearance code; certificato of appropriate- Determination of amount of fine....... 2-178(6) Hess 6-5$ et seq. Duration of lien 2-179 See: BUILDINGS Generally 2-178(x) Beats, docks and waterways; unlawfully Notices 2-181 anchored or moored vessels Reduction of fine 2-178(c) Unclaimed vessel to be sold; certifica- Hearing, conduct of 2-176 tion of sale 5-22 Organization Businesses located outside village limits, Attorney 2-174(e} certificate of business regulations re. 17-34 et seq. Officers; quorum; compensation 2-174{b) See: BUSINESS REGULATIONS Qualifications and term . . 2-174{a) Emergency medical services 11.5-21 Powers................................. 2-I77 Supp. No. 32 2939 NORTH PALM BEACH CODE - Section Section CODE OF ORDINANCES COUNTRY CLUB (Coot d.) Altering Code 1-7 Terms 9-17(b) Amendments 1-6 Vacancies................. 9-17(c) Catchlines 1-3 Finances Court cost Delinquent accounts; penalties 9-32 Assessment of additional court costs for Premises criminal justico education expendi- Disfiguration and/or removal of building tutee 1-9 or other property................ 9-I(1) Definitions and rubs of construction 1-2 Enforcement 9-2 Designated and cited 1-1 Hours 9-1(2) References to chapters or sections........ 1-3 Signs 9-2 Repeal. of ordinances, effect o£ 1-4 Violations and penalties 9-2 Severability of parts 1-5 COUNTY Village clerk, duties re recording ordi- Definitions and rules of construction 1-2 nances 2-67(3) Village logo 1-10 COURTS Violations and penalty 1-8 Gourt cost COIN-OPERATED AMUSEMENTS Assessmont of additional court costs for Proximity to schools restricted 19-4 criminal justice education expendi- turea i-9 COMBAT AUTO THEFT (CAT) Establishment, regulations 1$-19 D COMMITTEES, COMMISSIONS. See: DE- DECALS PARTMl1NTSAND OTHERAGENCIES Combat Auto Theft (CAT) l8-19 OF VILLAGE DEPARTMENTS AND OTHER AGENCIES COMMUNIGATIONS OF VILLAGE Telecommunications Administrative code 2-39 et seq. Generally 29-1 et seq. See: ADMINISTRATPJE CODE See: TELECOMMUNICATIONS Appearance board. See: APPEARANCE Service tag 26-51 vt seq. PLAN (Appendix A) See: TAXATION Audit committee 2-56 et seq. See: AUDITS COMPUTATION OF TIME Cade enforcement board 2-171 et seq. Definitions and rules of construction 1-2 Committees and boards generally; resi- CONCURRENCY MANAGEMENT doncy requirements 2-1 Provisions enumerated 21-41 et seq. Country club advisory board 9-16 et seq. See: PLANNINGAND DEVELOPMENT See: COUNTRY CLUB Finance, department of 2-59 COUNCIL. See: VILLAGE COUNCIL See: FINANCES Fire and police retirement board of trust- GOUNTRY CLUB ees 2-164 et saq. Advisory board See: PENSIONS AND RETIREMENT Compensation . 9-19 Fire division... 12-29 et seq. Composition . . 9-17(a) Soe: FIRE PREVENTION AND PRO- Created 9-lfi TECTION Duties General employees retirement board 2-151 et seq. Administrator 9-21(b} See: PENSIONS AND RETIREMENT Budget 9-21(d) Library board 16-16 et seq. Management and administration.... 9-21(a) Library, department of 2-93 Village employees 9-21(c) Meetings of boards and commissions; ad- Meetings 9-20 journment of 2-3 Officers' quorum 9-19 Meetings of specific boards, etc. Sea spe- Removal 9-18 cific subjects Planning and development board of adjust- ~`Nate--The adoption, amendment, repeal, omissions, effee- ment 21-21 tive date, explanation of numbering system and other matters Planning commission 21-11, 21-12 pertaining tv the use, construction and interpretation of this Public safety, department of 2-75, 2-76 Code are contained in the adopting ordinance and preface See: PUBLIC SAFETY DEPARTMENT which are to be found in the preliminary gages of this volume. Supp. No. 32 2940 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Confd.) (Cont`dJ General standards Fire alarm system 12-53 Anchoring.............,........... 12.5-X11(1) Generally 12-51 Construction 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 19-8 Utilities........................... I2.5-41(3) Motor equipment and members` cars des- Regulatory floodways 12.5-43 ignated emergency vehicles 12-31 Sand dunes and mangrove stands 12.5-45 Personnel Specific standards Badges 12-41 Nonresidential construction......... 12.5-42(2) Car insignia 12-42 Residential construction............ 12.5-42(1) Other officers accountable to chief... 12-39 lnterpretation 12.5-9 Police assistance 12-43 Lands to which provisions applies........ 12.5-6 Special police powers . 12-40 Methods of reducing flood losses I2.5-4 Volunteer firefighters, length of service Noncompliance, penalties for 12.5-11 award plan for 2-170 et seq. Statement of purpose and objoctivoa...... 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 Fire inspection fee schedule 12-17 FLORIDA, STATE OF. See: STATE Hazardous substances, cost recovery for FOLLOWING, PRECEDING cleanup, abatement and removal of Definitions and rules of construction , , , 1-2 Authority of public safety department, . 12-102 Cost reimbursement to village......... 12-103 FOOD AND FOOD PREPARATION Definitions 12-101 Barbecue grills and similar cooking devices 19-10 Exceptions for fire suppression sezvices 12-105 FORFElTCTRES. See: FINES, FORFEITURES Late fee for failure to reimbursement 12-106 Records 12-104 AND OTHER PENALTIES Remedies 12-107 FOWL. See: ANIMALS AND FOWL Pension and certain other benefits for fire and pofice employees 2-159 et seq. FRANCHISES See: PENSIONS AND RETIRIt3MENT Enumerated. See Appendix D Use of rights-of--way for utilities.......... 28-1 et seq. FIREARMS AND WEAPONS See: UTILITIES Concealed weapons, carrying 19-184 Forfeiture; disposition . 19-1$6 G Possession 19-183 Sales restricted GAMBLING Record of salon required 19-185(c) Animals, causing to fight................ 4-8 Specified weapons, display and sale of . 19-185(b) Switchblade knives prohibited......... 19-185(a) GARAGE AND OTHER SALES Stench bombs prohibited 19-$2 Garage sales 17-6I See: SThNCh BOMBS Permit required 17-62 Violations and penalties 17-63 FLOOD DAMAGE PREVENTION Abrogation and greater restrictions I2.5-8 GARBAGE AND TRASH Areas of spacial flood hazard Abandoned, inoperative and junked prop- Basis for establishment 12.5-7 erty Warnings regarding designations , . , . 12,5-10 Defmitions 14-37 Building official Disposition of property 14-48 Designated as flood damage control ad- Hearing ministrator 12.5-21 Procedure far hearing.............. 14-45 Duties and responsibilities 12,5-23 Request for hearing 14-44 Definitions . 12.5-5 Impounded property, redemption of.... 14-51 Development permit Liability of owner or occupant......... I4-52 Required 12.5-22 Notices Findings of fact 12.5-2 Content of notice I4-42 Flood hazard reduction provisions Contents of public sale notice , I4-49 Coastal high hazard areas 12.5-44 Notice of removal 14-47 Supp. Nv. 32 2943 It NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH (Cont'd.) HEALTH AND SANITATION (Cant'd.} Notice to remove 14-40 Cade enforcement hoard, applicability re.. 2-173 Procedure 14-41 Garbage and t~•ash...................... 14-23 et soq. Prima facie evidence of violation....... 14-39 See: GARBAGE AND TRASH Prohibited conditions; enumerated ex- Park and recreation facilities; failure to captions 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;xefuse disposal 5-12 Weeds and brush 14-79 et seq. Garbage collection and disposal See: WEEDS AND BRUSH Charges Commorcial use property waste dis- HEDGES. See: FENCES, WALLS, HEDGES posal fees and collection prate- AND ENCLOSURES dures 14-30 HITCHHII~IIVG Fee for excess amounts from commer- Prohibitions 19-6 vial establishments 14-28 Generally 14-27 HOME OCCUPATIONS When and where paid 14-29 Customer service requirements and perfor- Definition 14-23 manta 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(0) 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 $RUSH Permitted uses, home occupations as 17-3(a} j Repeal of ordinances 17-3(b) rl GATHERINGS. See: ASSEMBLIES Standards 17-3(d) GENDER Piolation 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 19-1fl3 g HOUSING Boats, docks and waterways; anchoring HANDBILLS and mooring Distribution restricted 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 Cade enforcement hoard, applicability re.. 2-173 HAZARDOUS SUBSTANCES Recovery of costs far cleanup, abatement I and removal . 12-1D1 et seq. See: FIRE PREVENTION AND PRO- IMPERSONATION TECTION Impersonating police officer; fireman or other village official 19-8 HEALTH AND SANPPATTON IMPOUNDMENT Animals and fowl, provisions re.......... 4-11 et seq. See: ANIMALS AND FOWL Abandoned, inoperative and junked prop- Bathing regulations ems' Diseased persons prohibited from bath- Redemption of impounded property 14-51 Boats, docks and waterways; unlawfully ing in public pool, etc............ 19-3 Boats, docks, etc., provisions re 5-10 et seq. anchored or moored vessels See: BOATS, DOCKS AND WATER- Department of public safety to im- WAYS pound 5-19 j Supp. No. 32 2944 CODE INDEX Section Section MEDICAL SERVICES N Emergency medical services 11.5-21 et seq. NOISE See: EMERGENCIES Animal noises 19-107 MEETINGS. See; ASSEMBLIES Buildings, premises or prapeity Noise from 19-102 MISSILES, STONES, ETC. Cade enforcement board, applicability re.. 2-173 Throwing missaIes 19-83 Conduct, noisy and boisterous 19-10fi MONTH Construction activity, permissible time for 19-111 Definitions 19-99 Definitions and males of construction 1-2 Electronic audio equipment 19-104 MONUMENTS Enforcement Subdivisions, required improvements re 36-27 Authority 19-116 Procedure MOTOR VEHICLES AND TRAFFIC All other noises 19-117(b) Ambulances 17-50, 17-5I Motor vehicle noise enforcement, op- Businesses located outside village limits; eratin 19-117(a) marking of commercial vehicles 17-34.13 g . Combat Auto Theft (CAT) 18-19 Engme e%}aauat......................... 19-108 Exemptions 19-120 Firo division, provisions re cars and desig- Fixed mechanical equipment 19-112 noted emergency vehicles........... 12-31 et seq. Horns and signal devices 19-103 See: FIltE PREVENTION AND PRO- TECTION Loading, unloading and unpacking 19-110 Loudspeakers and devices for advertising. 19-105 Hitchhiking prohibited 19-$ Measurement procedure................. 19-113 Junked vehicles Musical instruments 19-104 Abandoned, inoperative and junked prop- Noise control measurement standards other erty 14-37 et seq. than motor vehicle noise standards.. 19-118 See: GARBAGE AND TRASH Noise control olic p Y 19-100 Motorized scooters 18-20 periods of obseavation.................. 19-114 Noise control policy, provisions re 19-103 et seq. Radios 19-104 See: NOISE Special permits excepted 19-119 Occupational licenses; marking of commer- Unnecessary, excessive or offensive noise cial vehicles 17-33.1 Unlawful to make . 19-101 Park regulations re traffic 20-5 Vehicle defect or condition of load 19-109 Parking. Sae herein: Stopping, Standing Voluntary compliance 19-115 and Paxking Public safety department NUDITY Police division, provisions re traffic 2-76(6)(5) 7bpleas costumes prohibited 19-fi4 Public services depaa~Ement NUISANCES Division of signal service 2-85(3) Stopping, standing and parking Abandoned, inoperative anal junked pxop- erty 14-37 et seq. Parking restricted 18-34 See: GARBAGE AND TRASH Recreational, boating and camping equip- ment, andpersonalrecreational use Animals croating nuisances 4-12 trailers• ar False alarms ,p king on residential prop- Excessive false alarms declared public erty restricted 18-35 nuisance. 19-212 Signs, parking in violation of.......... 18-36 Rabid animals declared nuisance......... 4-42 Vehicle, trailer or boat parking prohib- Weeds and brush . 14-79 et seq. iced upon paved or unpaved area of See: WEEDS AND BRUSH the road right-of--way of specific roadways 18-34.1 NUMBER Violations; fines Defmitions and rules of construction 1-2 Handicap spaces 18-37 Non handicap spaces 18-38 O Vehicular operation Speed limits OATH, AFFIRMATION, SWEAR OR SWORN Generally . . 18-16 Administrative code, provisions re oaths of Weight limitations on certain xoads.... 18-18 office 2-41 ?efinitions and rules of construction 1-2 MUSICAL INSTRUMENTS Election inspectors and clerk; oath re- Noise control 19-104 quired 10-59 Supp. Na. 32 X947 NORTH PALM BEACH CODE Section Section OATH, AFFIRMATION, SWEAR, OR SWORN OWNER (Cont`d.) Defmitions and rules of construction 1-2 General employees retirement board; oaths of office 2-154 p Reserve police force; oath required 23-47 PALM BEACH COUNTY. See: COUNTY OBSCENITY, See: INDECENCY AND OB- SCENITY PARKING Boat launching area OBSTRUCTIONS Vehicle/trailerparking in designated ar- Passageways,obstructing 19-47 eas.......................... 5-35 DCCUPATIONAL LICENSES Landscaping, provisions re offstreet park- Regu]ations enumerated 17-16 et seq. ing................................ 27-38, 27-59 See: LIGENSES AND PERMITS et seq. See: LANDSCAPING OFFENSES Parks; designated parking areas 20-5(6) Definitions 19-1 Stopping, standing and parking.......... 18-34 et aeq. Enumerated 19-3 et seq. See: MOTOR VEHICLES AND TRAF- See also specific offenses as indexed FIC State misdemeanors adopted 19-2 Zoning, provisions re off-street parking... 45-27 et seq. OFFICERS AND EMPLOYEES See: ZONING {Appendix C) Administrative code 2-39 et seq. PARKS, PLAYGROUNDSAND RECREATION See: ADMINISTRATIVE CODE Alcoholic beverages Definitions and rules of construction 1-2 Consumption on playgrounds and public Elections. See also that subject parks 3-3 Generally 10-1 et seq. Bicycles Inspectors and clerk 10-55 et seq. Operation in safe manner, etc.......... 20-6(2) Finance director 2-59 Operation prohibited in certain areas.. 20-6(1) Impersonating village official 19-8 Boat Iaunching areas Librarian . . 2-93 Vehicle/trailerporking in designated ar- Mayor 2-18, 5-16 eas........,.................... 5-35 Pensions and retirement. See also that Buildings ar structure, erecting 20-3 subject Department of recreation Length of service award plan for volun- Director's duties teer firefighters 2-170 et seq. Conduct community activity 2-110(2) Pension and certain other benefits for Supervise recreation areas.......... 2-110(1) fire and police employees 2-159 et seq. Ejectment of violators 20-8 Pension and certain other benefits for Enforcement of provisions, responsibility . 20-7 general employees 2-146 et seq, Sours regulated 20-1 Social security 2-136 et aeq. Meetings and gatherings Public safety director 2-75 Liability for loss or injury............. 24-23 Public services director 2-54 Permit Recreation director 2-110 Appeal from refusal to issue........ 20-35 Social security 2-136 et seq. APPlication........................ 20-33 See: SOCIAL SECURITY Form 20-32 Village clerk and deputy village clerk..... 2-67 et seq. Issuance standards 20-34 See: DOCUMENTS AND PUBLIC Required 20-31 RECORDS Revocation 20-36 Village manager . . . . . . . 2-115 et seq. Rules and regulations, permittee bound See: VILLAGE MANAGER by 20-22 OFFICIAL TIME Property used to violate provisions, confis- Definitions and rules of construction I-2 cation of 20-9 Public services department OPEN SPACES. See: YARDS AND OPEN Division of parks . 2-85(2) SPACES Recreation advisory board OR, AND Created 20-6I Definitions and rules of construction 1.2 Duties 20-66 Meetings 20-65 ORDINANCES, See: CODE OF ORDI- Officers' quorum, compensation........ 20-64 NANCES Removal . 20-63 Supp, No. 32 2948 CODE INDEX Section Section PARKS, PLAYGROTTNDSAND RECREATION (Cont'd.) ~r~a 20-62(b) Supp. No. 32 24$,1