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Code of Ordinances Supplement 24 SUPPLEMENT NO. 24 September 2002 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. 23-2002, adopted July 11, 2002. See the Code Comparative Table for further information. Remove oZd pages Insert new pages ~-xvi xi-xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 135-136.4 135-136.4 147, 148 147-148.1 157, 158 157, 158 158.3-160 158.3-159 325, 326 325, 326 383-385 383-385 398.11-398.14.2 398.11-398.14.2 561-564 561-564 673 673 723 723 725, 726 725 1227, 1228 1227-1228.1 1573 1573 1575-1577 1575, 1576 1683, 1684 1683-1684.2 2819, 2820 2819, 2820 2887, 2888 2887, 2888 2937, 2938 2937, 2938 2941-2946 2941-2946 2948.1-2950 2949-2950.1 2952.1-2956 2953-2956 INSTRUCTION SHEET-Contd. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIl'AL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com C i I i I TABLE OF CONTENTS Page Officials of the Village iii Preface v Adopting Ordinance vii Readopting Ordinance x.i Checklist of Up-to-Date Pages [1] PART I CHARTER Charter 1 Art. I. Corporate Name 3 Art. II. Territorial Boundaries 3 Art. III. Legislative 6.1 Art. IV. Administrative 11 Art. V. Qualifications and Elections 13 Art. VI. Transition Schedule 14 Charter Comparative Table 65 PART II CODE OF ORDINANCES Chapter 1. General Provisions 77 2. Administration 133 Art. I. In General 135 Art. II. Council 136.4 Div. 1. Generally 136.4 Div. 2. Rules of Procedure 136.4 Art. III. Administrative Code 137 Div. 1. Generally 137 Div. 2. Reserved 139 Div. 3. Department of Finance 139 Div. 4. Department of Records 140 Div. 5. Department of Public Safety 141 Div. 6. Department of Public Services 141 Div. 7. Department of Library . 142 Div. 8. Department of Country Club 142 Div. 9. Department of Recreation . 142 Art. N Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally . 142.1 Div. 2. Social Security . 142.1 Supp. No. 23 ~ NORTH PALM BEACH CODE Chapter Page Div 3. Pension and Certain Other Benefits for Gen- eral Employees 142.3 Div. 4. Pension and Certain Other Benefits for Fire and Police Employees 150.1 Div. 5. Length of Service Award Plan for Volunteer Firefighters 158.3 Art. VI. Code Enforcement Board 158.4 3. Alcoholic Beverages 211 4. Animals and Fowl 263 Art. I. In General 265 Art. II. Dogs and Cats 266 Art. III. Rabies Control 268 5. Boats, Docks and Waterways 319 Art. I. In General 321 Art. II. Boat Launching Area 325 Art. III. Construction Requirements 326 Div. 1. Generally 326 Div. 2. Canals 326 Div. 3. Bulkheads and Seawalls 327 Div. 4. Docks and Piers 328 it Div. 5. Erosion Control Structures 333 Art. N Marine Sanctuaries 333 6. Buildings and Building Regulations 381 Art. I. In General 383 Art. II. Minimum Construction Standards 383 Art. III. Appearance Code 384 i Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. IV. Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 398.16 Art. VII. Coastal Construction Code 398.16 7. Bulkhead Lines 453 Art. I. In General 455 Art. II. Filling Permit 455 8. Emergency Management 507 Art. I. In General 509 Art. II. Civil Disorders and Disturbances 510 9. Country Club 559 Art. I. In General.. 561 Art. II. Advisory Board 562 Art. III. Finances 563 10. Elections 615 Art. I. In General 617 Supp. No. 23 xli II TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. IV. Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 723 Art. I. In General 725 Art. II. Florida Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 891 Div. 1. Generally 891 Div. 2. Garbage Collection and Disposal 891 - - - Div. 3. Abandoned, Inoperative and Junked Prop- erty 892 Art. III. Reserved 895 Art. N Weeds and Brush 895 15. Housing 945 16. Library 997 Art. I. In General 999 Art. II. Library Board 999 17. Licenses and Miscellaneous Business Regulations 1051 Art. I. In General 1053 Art. II. Occupational Licenses 1054 Art. III. Businesses Located Outside Village Limits 1060 Art. IV Reserved 1063 Art. V. Ambulances 1063 Art. VI. Garage and Other Sales 1063 Supp. No. 23 Xili NORTH PALM BEACH CODE Chapter Page 17.5 Reserved 1121 18. Motor Vehicles and Traffic 1171 Art. I. In General 1173 Art. II. Operation of Vehicles Generally 1173 Art. III. Stopping, Standing and Parking 1174 19. Offenses and Miscellaneous Provisions 1225 Art. I. In General 1227 Art. II. Reserved 1228 Art. III. Offenses Against Property 1228 Art. N Offenses Against Public Morals 1228.1 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. D~. Water Shortage Emergencies 1236 Art. X. Alarms 1238 Art. XI. Wellfield Protection 1241 20. Parks, Playgrounds and Recreation 1289 Art. I. In General 1291 Art. II. Meetings and Gatherings 1292 Div. 1. Generally 1292 Div. 2. Permit 1292 Art. III. Recreation Advisory Board 1293 21. Planning and Development 1343 Art. I. In General 1345 Art. II. Planning Commission 1346 Art. III. Board of Adjustment 1347 Art. IV. Concurrency Management 1349 Art. V. Stormwater Management 1360 Art. VI. Archaeological Site Protection Regulations 1363 22. Reserved 1411 23. Police 1463 Art. I. In General 1465 Art. II. Reserved 1465 Art. III. Reserve Force 1465 24. Streets, Sidewalks and Public Places 1517 Art. I. In General 1519 Art. II. Excavations 1519 Div 1. Generally 1519 Div. 2. Permit 1520 Art. III. Sidewalks and Driveways 1520 Div 1. Generally 1520 Div. 2. Permits 1522 25. Swimming Pools 1573 Art. I. In General 1575 Supp. No. 23 xiv TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 1575 Art. III. Reserved 1576 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. IV. Utility Tax . 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1684 Div. 1. Generally 1684 Div. 2. Reserved 1686 Div. 3. Requirements for Certain Yard Areas, Off- Street Parking and Other Vehicular Use Areas 1686 28. Use of Rights-Of--Way for Utilities 1739 29. Telecommunications 1781 Appendices A. Appearance Plan 2043 B. Subdivisions 2353 Art. I. In General 2355 Art. II. Procedures for Subdivision Plat Approval 2358 Art. III. Design Standards 2365 Art. IV Required Improvements 2368.1 Art. V. Enforcement Provisions 2372 Art. VI. Amendments 2378 Art. VII. Legal Status 2379 C. Zoning 2479 Art. I. In General 2481 Art. II. Generally 2485 Art. III. District Regulations 2486.4 Arts. N, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods......... 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Supp. No. 23 xv NORTH PALM BEACH CODE Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 1 I I I Supp. No. 23 xVi 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 for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published 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. Title page 1 136.1, 136.2 24 iii 1 136.3, 136.4 24 v, vi OC 137, 138 23 vii, viii OC 139, 140 23 ix OC 140.1 23 x.i, x.ii 1 141, 142 22 x.iii 1 142.1, 142.2 22 xi, xii 24 143 16 xiii, xiv 24 144.1, -144.2 12 xv, xvi 24 144.3 12 1 OC 145, 146 9 3, 4 8 147, 148 24 5, 6 12 148.1 24 6.1, 6.2 18 149, 150 20 7, 8 OC 150.1, 150.2 20 9, 10 OC 151, 152 11 11, 12 OC 153, 154 22 13, 14 OC 154.1 22 65 18 155, 156 20 77 OC 157, 158 24 79, 80 OC 158.1, 158.2 20 81, 82 21 158.3, 158.4 24 133 23 159 24 135, 136 24 161, 162 19 Supp. No. 24 [1] i NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 163, 164 22 697 13 165, 166 22 723 24 211 OC 725 24 213, 214 19 726.1 13 263 OC 727, 728 5 265, 266 OC 729 5 267, 268 17 777 OC 269 17 779, 780 OC 319 OC 781, 782 OC 321, 322 17 783, 784 OC 323, 324 16 785, 786 OC 325, 326 24 787, 788 OC 327, 328 21 789 OC 329, 330 22 839 OC 331, 332 22 889 OC 333, 334 20 891, 892 21 381 23 892.1 15 383, 384 24 893, 894 OC 385 24 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 23 947, 948 23 398.7, 398.8 23 997 OC 398.9, 398.10 23 999, 1000 22 t 398.11, 398.12 24 1051 OC 398.13, 398.14 24 1053, 1054 9 398.14.1, 398.14.2 24 1054.1, 1054.2 9 398.15, 398.16 8 1055, 1056 21 399, 400 OC 1057, 1058 21 401, 402 OC 1059, 1060 21 403 OC 1060.1 14 453 OC 1061, 1062 8 455, 45G 22 1063, 1064 8 507 22 1121 OC 509, 510 22 1171 OC 511 22 1173,1174 17 559 17 1175 19 561, 562 24 1225 OC 563, 564 24 1227, 1228 24 615 OC 1228.1 24 617, 618 OC 1229, 1230 21 619, 620 6 1231, 1232 21 671 2 1233, 1234 21 673 24 1235,1236 21 695 13 1237,1238 16 Supp. No. 24 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1239, 1240 22 1787, 1788 21 1241, 1242 21 1789, 1790 21 1289 3 1791,1792 21 1291, 1292 OC 1793, 1794 21 1293, 1294 22 1795, 1796 21 1295 22 2043 OC 1343 4 2045,2046 10 1345, 1346 22 2047, 2048 OC 1346.1 22 2049, 2050 OC 1347, 1348 OC 2051, 2052 OC 1349, 1350 OC 2053 OC 1351, 1352 14 2353 OC 1352.1 14 2355, 2356 OC 1353, 1354 OC 2357, 2358 OC 1355, 1356 OC 2359, 2360 22 1357, 1358 OC 2361, 2362 22 1359, 1360 OC 2362.1 22 1361, 1362 5 2363, 2364 OC 1363, 1364 5 2365, 2366 OC 1365, 1366 5 2367, 2368 1 1367 5 2368.1 1 1411 OC 2369, 2370 OC 1463 OC 2371, 2372 OC 1465, 1466 OC 2373, 2374 OC 1517 OC 2375, 2376 OC 1519, 1520 OC 2377, 2378 22 1521, 1522 OC 2379 22 1523 OC 2479 9 1573 24 2481,2482 23 1575, 1576 24 2483, 2484 23 1627 9 2485,2486 23 1629, 1f~30 21 2486.1, 2486.2 23 1631 21 2486.2.1, 2486.2.2 23 1681 OC 2486.2.3 23 1683, 1684 24 2486.3, 2486.4 16 1684.1, 1684.2 24 2487, 2488 OC 1685, 1686 OC 2488.1, 2488.2 18 1687, 1688 17 2489, 2490 18 1689, 1690 17 2491, 2492 18 1739 14 2493,2494 18 1741, 1742 21 2495, 2496 18 1781 21 2497,2498 21 1783, 1784 21 2499, 2500 21 1785, 1786 21 2500.1 21 Supp. No. 24 [3] NORTH PALM BEACH CODE Page No. Supp. No. 2501, 2502 18 2503,2504 18 2504.1, 2504.2 16 2505, 2506 10 2507, 2508 13 2509, 2510 13 2510.1, 2510.2 13 2511, 2512 23 2512.1, 2512.2 23 2512.3, 2512.4 23 2512.5, 2512.6 23 2512.7 23 2513, 2514 OC 2515, 2516 22 2517, 2518 22 2619 21 2819, 2820 24 2869, 2870 OC 2871 OC 2873 OC 2875, 2876 OC 2877, 2878 OC 2879, 2880 OC 2881, 2882 14 2883, 2884 14 2885, 2886 19 2887, 2888 24 2933, 2934 OC 2935, 2936 23 2937, 2938 24 2939, 2940 23 2941, 2942 24 2943, 2944 24 2945, 2946 24 2947, 2948 23 2949, 2950 24 2950.1 24 2951, 2952 23 2953, 2954 24 2955, 2956 24 2965, 2966 15 2967 15 Supp. No. 24 [4] ADMINISTRATION § 2-4 ARTICLE I. IN GENERAL this budget shall be prepared so that there shall be at least three (3) copies on file in the office of Sec. 2-1. Committee and boards. the village clerk. (a) No person may be a member of any board (b) The council is hereby authorized and em- powered to prepare and adopt a budget for each created by the village council to advise the village fiscal year by ordinance to be introduced at the council on any matter unless such person shall be first regular meeting of the council in September and remain a resident of the village during the of each year, which ordinance shall fix and deter- term of office. mine the amount of money to be raised by taxa- (b) Any person who, when appointed to any tion in the village for the following fiscal year and such advisory board is a resident of the village but shall also make separate and several appropria- who later terminates such residency, shall, imme- tions for the payment of all necessary operating diately upon termination of residency, be deemed expenses of the village and for the payment of to be no longer a member of such advisory board interest and principal of any indebtedness of the and shall have no right or privilege to vote or village, and to set forth an estimate of all income participate in matters of such board. from all sources whatsoever which shall be re- ceived by the village. (c) Members of the advisory boards shall serve (c) Before final passage of the budget ordi- at the pleasure of the village council and may be nance, the village clerk shall cause the same as removed at any time with or without cause. If a introduced to be posted at the village hall and in member of any advisory board or a designated at least one (1) other conspicuous place in the alternate of the board is absent from three (3) village. At those places the village clerk shall post regularly-scheduled meetings of the board within a notice stating the time and place the budget will any twelve (12) consecutive month period without be acted on finally and shall also state in such such absence being excused by majority vote of notice that the estimate of the village manager the board, the chairman of the board shall promptly upon which the budget is based is on file for notify the village council. The council may there- inspection of the public at the office of the village after declare the member's office vacant and clerk. The budget ordinance shall not be passed promptly fill such vacancy for the unexposed term by the council until twelve (12) days after such of office. posting, but not later than September 30. (d) Committees and boards of the village shall (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. hold all meetings at village hall. All meetings 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, 10-14-76; Ord. No. 15-77, 1, 2, 8-25-77; Ord. shall be open to members of the public. No. 23-2001, § 1, 8-9-01) (Code 1970, § 2-18; Ord. No. 18-2001, § 1, 6-28-01; Charter reference-Provisions of former cha~•ter not Ord. No. 06-2002, § 1, 2-28-02) embraced in or inconsistent with 1976 revision continued in effect as ordinances, Art. VI, § 1. Sec. 2-2. Budget procedures. Sec. 2-3. Adjournment of meetings of boards (a) The village manager shall prepare and and commissions. submit to the members of the council, at least All regular meetings, special meetings and forty-five (45) days prior to the first regular workshop meetings for village boards and com- meeting of the council in September of each year, missions shall be adjourned on or before 11:00 a balanced budget for the operation of the village p.m. on the date when the meeting convened. government during the next fiscal year, including (Ord. No. 21-95, § 1, 7-27-95) an estimate of the revenues and expenditures in such forms as to afford the council a comprehen- Sec. 2-4. Investment policy of the village. sive understanding of the needs and require- (a) Purpose. The purpose of this statement is ments of the various divisions of the village gov- to set forth the policy and objectives governing the ernment for the ensuing year. Sufficient copies of investment management of public funds of the Supp. No. 24 135 § 2-4 NORTH PALM BEACH CODE village that are in excess of the amounts needed on individual securities will not to meet current expenses. This investment policy place an undue financial bur- places the highest priority on the safety and den on the village, and liquidity of funds. 4. Monitoring all of the village's (b) Scope. This investment policy applies to all investments to anticipate and the investment activity of the village, except for respond appropriately to chang- its employees' pension funds, which are organized ing market conditions. i and administered separately, or for funds related to the issuance of debt where there are other b. Interest rate risk. The village will existing policies or indentures in effect for such minimize the risk that the market funds. value of securities in the portfolio will fall due to changes in general Funds included: interest rates, by: (1) General fund. 1. Structuring the investment port- folio so that the securities ma- (2) Special revenue funds. ture to meet cash requirements (3) Enterprise funds. for ongoing operations, thereby avoiding the need to sell secu- (4) Debt service funds. rities on the open market prior to maturity; and (5) Any new funds created by the governing body unless specifically exempt. 2. Investing operating funds pri- marily in short-term securities, (c) Objectives. The primary objectives, in pri- money market mutual funds, ority of order, of investment activities shall be or similar investment pools un- safety of principal, liquidity of funds, and maxi- less it is anticipated that long- mizing investment income. term securities can be held to (1) Safety. Safety of prncipal is the foremost maturity without jeopardizing objective of investment activities. Invest- the liquidity requirements. ments shall be undertaken in a manner that seeks to insure preservation of capi- (2) Liquidity. The investment portfolio shall tal in the overall portfolio. All other in- remain sufficiently liquid to meet all op- vestment objectives are secondary to the erating requirements that may bereason- safety of principal. The objective will be to ably anticipated. This is accomplished by mitigate credit risk and interest rate risk. structuring the portfolio so that the secu- rities mature concurrent with cash needs a. Credit risk. Credit risk, the risk of to meet anticipated demands. Further- loss due to the failure of the security more, since all possible cash demands issuer or backer, will be minimized cannot be anticipated, the portfolio should bY~ consist largely of securities with active 1. Limiting investments to the saf- secondary or resale markets. Portions of est types of securities. the portfolio may be placed in interest- bearing checking/savings accounts with 2. Pre-qualifying the financial in- qualified public depositories. Securities ~ stitutions, broker dealers, inter- and Exchange Commission registered mediaries, and advisers with money market funds with the highest ~ which the village will do busi- credit quality rating from a nationally ness. recognized rating agency, or local govern- 3, Diversifying the investment went investment pools which offer same- i portfolio so that potential losses day liquidity for short-term funds. i Supp. No. 24 136 I ADMINISTRATION § 2-4 (3) Investment income. Without compromis- (2) Ethical standards. Officers and employ- ing safety and liquidity, the highest pos- ees involved in the investment process sible total return should be obtained on shall refrain from personal business activ- the village's funds. Income will include ity that could conflict with the proper interest/dividends received as well as any execution and management of the invest- realized or unrealized gains and losses of went program, or that could impair their principal of the underlying security. ability to make impartial decisions. Em- ployees and investment officials shall dis- (d) Pei formance measurements. The invest- close any material interest in financial ment income objective is to regularly exceed the institutions with which they conduct busi- average rate of return on three month U.S. Trea- ness. They shall further disclose any per- sury Bills, or the average rate on federal funds, sonal financiaUinvestment positions that whichever is higher. These indices are considered could be related to the performance of the benchmarks for risk-free investment transactions investment portfolio. Employees and offic- and therefore comprise a minimum standard for ers shall refrain from undertaking per- the portfolio's rate of return. The investment sonal investment transactions with the program may seek to augment returns above this same individual with whom business is threshold, consistent with risk limitations identi- conducted on behalf of the village. fled herein and prudent investment principles. (f) Authorized investments. The village may (e) Prudence and ethical standards. invest and reinvest, in accordance within the objectives stated in subsection III, in the follow- (1) Prudence. The standard of prudence to be ing: used shall be the "prudent person rule," (1) Interest-bearing checking or savings ac- which states that: counts in qualified public depositories as defined in F.S. section 280.02. Investments should be made with judgment and care, un- (2) Interest-bearing time deposits in quali- der circumstances then pre- fled public depositories as defined in F.S. wailing, which persons of pru- section 280.02. dente, discretion, and (3) The local government surplus funds trust intelligence exercise in the fund or any intergovernmental invest- management of their own af- ment pool authorized pursuant to the fairs, not for speculation, but Florida Interlocal Cooperation Act as pro- for the investment, consider- vided in F.S. section 163.01. ing the probable safety of (4) Securities and Exchange Commission reg- their capital as well as the istered money market funds with the high- probable income to be de- est credit quality rating from a nationally rived from the investment. recognized rating agency. The chief financial officer, or other per- (5) Direct obligations of the United States sons performing the investment func- Treasury. tions, acting in accordance with written policies and procedures, and exercising (6) Federal agencies and instrumentalities. due diligence shall be relieved of personal (7) Securities of, or interest in, any open-end responsibility for an individual security's or closed-end management-type invest- credit risk or market price changes, pro- ment company or investment trust regis- vided deviations from expectations are tered under the Investment Company Act reported immediately and that appropri- of 1940, 15 U.S.C. sections 80a-1 et seq., ate action is taken to control adverse as amended from time to time, provided developments. that the portfolio of such investment com- Supp. No. 24 136.1 § 2-4 NORTH PALM BEACH CODE pany or investment trust is limited to Authorized Matu~zty obligations of the United States Govern- Investments Range Maximum % went or any agency or instrumentality Open-end or closed-end man- 5 years 20% thereof and to repurchase agreements fully agement-type investments/ collateralized by such United States Gov- trusts ernment obligations, and provided that such investment company or investment (i) Risk and diversification. Assets held shall trust takes delivery of such collateral ei- be diversified to control the risk of loss resulting ther directly or through an authorized from the over-concentration of assets in a specific custodian. maturity, issuer, instrument, dealer, or bank through which these instruments are bought and (8) Other investments authorized by law or sold. Diversification strategies shall be reviewed by ordinance by the village. and revised periodically as deemed necessary by (g) Maturity and liquidity requirements. The the chief financial officer. village's investment portfolio shall be structured (j) Authorized investment institutions and deal- to provide sufficient liquidity to pay obligations as ers. A list will be maintained of financial institu- they come due. Furthermore, to the extent possi- tions authorized to provide investment services. ble, an attempt will be made to match investment In addition, a list also will be maintained of maturities with known cash needs and antici- approved security brokers/dealers selected by cred- pated cash flow requirements. Unless matched to itworthiness. a specific cash flow, the village will not directly invest in securities matuizng more than three (k) Third party custodial agreements. All secu- years from the date of purchase. rities purchased by the village shall be properly designated as an asset of the village and shall be (h) Portfolio composition. The following are held in safekeeping with athird-party custodial the limits for investments and limits on security institution. The third-party custodian will be re- issues, and maturities in the portfolio. The chief quired to designate all securities held as assets of financial officer has the option to further restrict the village. No withdrawal of securities, in whole investment in selected instruments, to conform to or in part, shall be made from safekeeping, except the present market conditions. by the chief financial officer, or his/her respective Authorized Maturity designees. Securities transactions between a bro- Investments Range Maximum % ker-dealer and the custodian involving purchase or sale of securities by transfer of money or Interest-bearing checking or N/A 100% „ savings accounts securities must be made on a delivery vs. pay- -- ment" basis, if applicable, to ensure that the Interest-bearing time depos- 3 years 20% custodian will have the security or money, as its appropriate, in hand at the conclusion of the transaction. The Local Government Sur- N/A 100% plus Funds Trost Fund/inter- (1) Master repurchase agreement. All approved governmentalinvestmentpool institutions and dealers transacting repurchase agreements shall execute and perform as stated Secui~ties and Exchange Com- N/A 50% mission registered money in the master repurchase agreement. All repur- market funds chase agreement. transactions shall adhere to the requirements of the master repurchase agree- Direct obligations of the 5 years 80% merit. United States Treasury (m) Bid requirement. An appropriate maturity Federal agencies and instru- 5 years 80% date will be determined for each investment based mentalities on cash-flow needs and market conditions. Based j on these considerations, the chief financial officer i Supp. No. 24 136.2 i ADMINISTRATION § 2-4 will analyze and select one or more optimal types States which is authorized to accept of investments and competitively bid the security and exercise trusts and which is in question when feasible and appropriate. Ex- doing business in the state, and must cept as otherwise required by law, the bid deemed be kept in the depository in an ac- tobest meet the investment objectives specified in count separate and apart from the subsection III must be selected. assets of the financial institution; or (n) Internal controls. The chief financial officer c. If physically issued to the holder but shall establish a system of internal controls de- not registered with the issuer or its signed to prevent losses of funds, which might agents, must be immediately placed arise from fraud, employee error, misrepresenta- for safekeeping in a secured vault. tion by third parties, or imprudent actions by employees of the village. Such internal controls (2) The village may also receive bank trust shall be in writing and made a part of the village's receipts in return for investment of sur- operating procedures and shall be reviewed by plus funds in securities. Any trust re- independent auditors during the course of peri- ceipts received must enumerate the vari- odic financial audits as may be required of the ous securities held, together with the village. specific number of each security held. The actual securities on which the trust re- (o) Continuing education. The chief financial ceipts are issued may be held by any bank officer shall complete eight (8) hours of continuing depository chartered by the federal gov- education annually in subjects or courses related ernment, the state, or any other state as to investment practices and products. defined in F.S. section 658.12, or by a (p) Reporting. The chief financial officer shall national associations organized and exist- prepare an annual investment report, which shall ing under the laws of the United States include securities in the portfolio by class and which is authorized to accept and execute type, book value, income earned, and market trusts and which is doing business in the value as of the report date. The report will be state. provided to the legislative and governing body of the village. The report shall be available to the (r) Sale of securities. When invested funds are public. needed in whole or in part for the purposes originally intended or for more optimal invest- (q) Securities; disposition. ments, the chief financial officer may sell such (1) Every security purchased on behalf of the investments at the then-prevailing market price village must be properly earmarked and; and place the proceeds into the proper account or fund. a. If registered with the issuer or its agents, must be immediately placed (s) Policy considerations. for safekeeping in a location that protects the village's interest in the (1) Exemptions. Any investment held pi7or to security; the adoption of this policy that does not meet the guidelines of this policy shall be b. If in book entry form, must be held exempted from the requirements of this for the credit of the governing body policy. At maturity or liquidation, such by a depository chartered by the monies shall be reinvested only as pro- federal government, the state, or any vided by this policy. other state or territory of the United States which has a branch or princi- (2) Amendments. This policy shall be re- gal place of business in the state as viewed on an annual basis. The village defined in F.S. section 658.12, or by a council must approve any changes, as national association organized and well as the individual(s) charged wAh existing under the laws of the United maintaining internal controls. Supp. No. 24 136.3 § 2-4 NORTH PALM BEACH CODE (t) Delegation of authority. The finance direc- Sec. 2-18. Same-Presiding officer. for is the chief financial officer of the village and (a) The mayor shall preside at all meetings, if is responsible for investment decisions and activ- present, and in his absence, the vice-mayor. In the ities. The village may retain a registered invest- absence of both the mayor and vice-mayor, the went advisory firm to assist in the investment president pro tem shall preside. management process. No person may engage in an investment transaction except as provided (b) The presiding officer shall preserve order under the terms of this policy and the procedures and decorum. He shall appoint all committees established hereunder. unless the council shall otherwise direct. Authorized signatories are the chief financial (c) Terms of mayor. No person may serve more officer, the village manager and the village mayor. than one-year term as mayor of the village. A These individuals are also authorized to initiate Person who served as mayor of the village for one wire transfers for the village. All investment (1) term shall not serve as mayor during the transactions require approval by two (2) of the following council year, but beginning one (1) year depository signatories. after termination of his one-year term as mayor of (Ord. No. 31-95, § 1, 10-26-96; Ord. No. 15-2001, the village, he may again serve as mayor for a 1, 2, 6-28-01) period not to exceed one (1) year. Editor's note-Ord. No. 31-95, adopted Oct. 26, 1996, has (Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No. been codified herein at the discretion of the editor as § 2-4. 8-82, § 1, 4-22-82) Secs. 2-5-2-15. Reserved. Sec. 2-19. Adjournment of all meetings. All regular meetings, special meetings and workshop meetings for the village council shall be ARTICLE II. COUNCILx adjourned on or before 11:00 p.m. on the date when the meeting convened. In the event there is C DIVISION 1. GENERALLY pending business on the floor at 11:00 p.m. during one (1) of the meetings, the chair shall at that time entertain a motion that the meeting be Sec. 2-16. Compensation. reconvened at a time and date certain, but upon The compensation of all members elected to the failure of the council to agree upon such motion, village council other than the mayor is hereby the meeting shall be adjourned and the business fixed at the sum of five hundred dollars ($500.00) Pending at the time of adjournment shall be the per month. The compensation of the mayor is first item on the agenda of the next meeting of the hereby fixed at the sum of six hundred dollars village council pertaining thereto. ($600.00) per month. (Ord. No. 24-79, § 1, 11-8-79) (Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; Secs. 2-20-2-25. Reserved. Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, 3-13-97; Ord. No. 29-99, § 1, 8-26-99) Charter reference-Compensation, Art. III, § 4. DIVISION 2. RULES OF PROCEDURE' ~ Sec. 2-17. Regular meetings-When held. Sec. 2-26. Order of business. The regular meetings of the village council The following order shall be observed in the shall be held on the second and fourth Thursdays transaction of business, but such order may be of each month. varied by unanimous consent of the councilmen ~ (Code 1970, § 2-8) present: Charter reference-Meetings procedure, Art. III, § 9(a). (1) Roll call; I4 '`Charter reference-Legislative provisions generally, Art. fiCharter reference-Authority to determine ivies of III. procedure, Art. III, § 9(b). t\. I ~ Supp. No. 24 136.4 ADMINISTRATION § 2-155 separate fund, and shall be liable for the safekeep- future persons entitled to receive benefits under ing of the same under the bond given to the one (1) of the options provided for in this division village and shall be liable in the same manner who are designated by any of such members. In and to the same extent as is liable for the safe- the event of such repeal, or if contributions to the keeping of the funds of the village as provided for system are discontinued, there shall be full vest- by law. All funds now held by the village for this ing one hundred (100) percent of benefits on a retirement system are hereby transferred to the proportionate basis to the person entitled to ben- fund established by this division. efits in accordance with the provisions thereof. (Ord. No. 1-83, § 8, 1-13-83; Ord. No. 11-85, § 1, 7-11-85) (c) The following shall be the order of priority for purposes of allocating the assets of the system as of the date of such repeal of this division, or if Sec. 2-154. Oaths of office; meetings; quo- contributions to the system are discontinued with ruin' the date of such discontinuance being determined Be ure entering upon their duties as members by the board: of the board, each member shall take and sub- (1) Apportionment shall first be made in re- scribe to the oath of office required by the village spect to each retired member receiving a Charter, which oath shall be filed with the village benefit or each person receiving a benefit clerk. The board shall meet as often as necessary on such date on account of a retired (but or upon the call of the chairman or any member since deceased) member, and each mem- thereof or upon request of the village clerk. All ber who has, by such date, become eligible board meetings shall be held at village hall. A for normal retirement but has not yet majority of the board shall constitute a quorum retired, an amount which is the actuarial for the transaction of any business. Notice of equivalent of such benefit, based upon the meetings shall be given to council and the public actuarial assumptions used for purposes at least seven (7) days in advance. of the most recent actuarial valuation, (Ord. No. 1-83, § 9, 1-13-83; Ord. No. 06-2002, § 2, provided that, if such asset value be less 2-28-02) than the aggregate of such amounts, such amounts shall be proportionately reduced Sec. 2-155. Repeal or termination of system. so that the aggregate of such reduced amounts will be equal to such asset value. (a) This division establishing the system and fund, and subsequent ordinances pertaining to (2) If there be any asset value remaining the system and fund, may be modified, termi- after the apportionment under subpara- nated or amended in whole or in part; provided graph (1), apportionment shall next be that if this division or any subsequent ordinance made in respect of each member in the shall be amended or repealed in its application to service of the village on such date who has any person benefiting hereunder, the amount of completed at least ten (10) years of cred- benefits which at the time of any such alteration, ited service and who is not entitled to an amendment 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 benefit, based on the credited service and (b) If this division is repealed and not super- average monthly earnings as of such date, seded by another pension plan, or if contributions and each vested former member then en- to the system are discontinued, the board shall titled to 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 ments, in the amount required to provide benefit of the then members, any beneficiaries said actuarial equivalent of the accrued then receiving retirement allowances, and any normal retirement benefit, provided that, Supp. No. 24 147 § 2-155 NORTH PALM BEACH CODE 1 if such remaining asset value be less than (b) Nonassignability. No benefit provided for the aggregate of the amounts apportioned herein shall be assignable or subject to garnish- hereunder, such latter amounts shall be went for debt or for other legal process. proportionately reduced so that the aggre- gate of such amounts will be equal to such (c) Pension validity. The board of retirement remaining asset value. shall have the power to examine into the facts upon which any pension shall heretofore or here- (3) If there be any asset value after the after have been granted or obtained to determine apportionments under subparagraph (1) if such pension was granted erroneously, fraudu- and (2), apportionment shall be made in lently or illegally for any reason. The board is respect of each member in the service of empowered to purge the pension rolls of any the village on such date who is not enti- person heretofore or hereafter granted a pension i tled to an a ortionment under sub ara- pp p under prior or existing law or heretofore granted graphs (1) and (2) in the amount equal to under this division if the same is found to be his accumulated benefits, provided that, erroneous, fraudulent or illegal for any reason; if such remaining asset value be less than and to reclassify any pensioner who has hereto- the aggregate of the amounts- apportioned fore under any prior or existing law or who shall hereunder, such latter amounts shall be hereafter under this division be erroneously, im- proportionatelyreduced sothat the aggre- properly or illegally classified. gate of such reduced amounts will be equal to such remaining asset value. (d) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the board, (4) If there be any asset value remaining otherwise incapable of personally receiving and after the apportionments under subpara- giving a valid receipt for any payment due him graphs (1), (2) and (3), apportionments under the system, the board may, unless and until shall lastly be made in respect of each claims shall have been made by a duly appointed member included in subparagraph (3) guardian of such person, make such payment or l above to the extent of the actuai7al equiv- any part to such person's spouse, children or other alent, as described in (1) above, of the person deemed by the board, in its sole discretion, accrued normal retirement benefit, less to have incurred expenses or assumed responsi- the amount apportioned in subparagraph bility for the expenses of such person. Any pay- (3), based on the credit service and aver- ment so made shall be a complete discharge of age monthly earnings as of such date, ~y liability under the system for such payment. provided that, if such remaining asset (Ord. No. 1-83, § 11, 1-13-83) value be less than the aggregate of the amounts apportioned hereunder, such Sec. 2-157. Direct transfers of eligible amounts shall be reduced so that the rollover distribution. aggregate of such reduced amounts will be equal to such remaining asset value. (1) General. This section applies to distribu- tions made on or after January 1, 1993. Notwith- (d) After all the vested and accrued benefits standing any provision of the system to the con- provided hereunder have been paid and after all trary that would otherwise limit a disti7butee's other liabilities have been satisfied, then and only election under this section, a distributee may then shall any remaining funds revert to the elect, at the time and in the manner prescribed by general fund of the village. the board, to have any portion of an eligible (Ord. No. 1-83, § 10, 1-13-83) rollover distribution paid directly to an eligible ~ Sec. 2-156. Miscellaneous. retirement plan specified by the distributee in a direct rollover. ~ (a) Discharged members. Members entitled to a pension as approved by the pension board shall (2) Definitions. not forfeit the same upon dismissal from the (a) Eligible rollover distribution: An eligible village, but shall be retired as herein described. rollover distizbution is any distribution of Supp. No. 24 148 ADMINISTRATION § 2-157 all or any portion of the balance to the credit of the distrbbutee, except that an eligible rollover distribution does not in- clude: any Supp. No. 24 148.1 l ADMINISTRATION § 2-166 shall have the same rights as each of the other Sec. 2-165. Reserved. four (4) members appointed or elected as herein Editor's note Section 7 of Ord. No. 1-92, adopted Feb. provided. The trustees shall by majority vote elect 13, 1992, repealed former § 2-165, relative to additional rules from its members a chairman and a secretary. and regulations, which derived from Ord. No. 9-82, § 7, The secretary of the board shall keep a complete adopted June 10, 1982. minute book of the actions, proceedings, or hear- ings of the board. The trustees shall not receive Sec. 2-166. Same-Power and authority. any compensation as such, but may receive ex- penses and per diem as provided by law. The board shall be the administrator of the (b) Foy feiture of membership on board for ab- system and, as such, it shall be solely responsible senteeism. In the event a member of the board for administering the pension fund. The board shall fail to attend three (3) consecutive regular shall have the power and authority: meetings of the board, such member shall be (1) To invest and reinvest the assets of the deemed to forfeit membership on the board and pension fund in: siiali; at the conclusion of the third such meeting, no longer be a member of the board. Such indi- a. Time or savings accounts of a na- vidual shall not thereafter be eligible for reap- tional bank, a state bank insured by pointment or election to the board for a period of the Federal Deposit Insurance Cor- two (2) years. Any absence maybe excused by the poration, or a savings, building and board upon a showing that there existed justifi- loan association insured by the Fed- able reasons for the absence. eral Deposit Insurance Corporation. (c) Report and records. The secretary of the b. Obligations of the United States or board shall keep, or cause to be kept in convenient obligations guaranteed as to princi- form, such data as shall be necessary for an pal and interest by the Government actuarial valuation of the assets and liabilities of of the United States. the system. The fiscal year for the keeping of records and rendering reports shall be from Octo- c. Bonds, stocks, or any other evi- ber 1 through September 30. dences of indebtedness issued or guar- (d) Board meetings. The board shall meet at anteed by a corporation organized least quarterly each year. All board meetings under the laws of the United States, shall be held at village hall. At any meeting of the any state or organized territory of board, three (3) trustees shall constitute aquo- the United States, or the District of rum. Any and all acts and decisions shall be by at Columbia, provided: least three (3) members of the board; however, no 1. The corporation is listed on any trustee shall take part in any action in connection one (1) or more of the recog- with his or her own participation in the plan, and nized national stock exchanges no unfair disei7mination shall be shown to any and holds a rating in one of the individual participating in the plan. three (3) highest classifications (e) Power to bring and defend lawsuits. The by a major rating service; and board shall be a legal entity with, in addition to 2. The board shall not invest more other powers and responsibilities contained herein, than five (5) percent of its as- the power to bring and defend lawsuits of every sets in the common stock, cap- kind, nature and description. The board shall be ital stock, bonds or indebted- independent of the village to the extent required ness of any one (1) issuing to accomplish the intent, requirements, and re- company, nor shall the aggre- sponsibilities provided for in this article and ap- gate investment in any one (1) plicable law. issuing company exceed five (5) (Ord. No. 9-82, § 6, 6-10-82; Ord. No. 14-87, § 1, percent of the outstanding cap- 9-10-87; Ord. No. 1-92, § 6, 2-13-92; Ord. No. ital stock of that company, nor 22-98, § 1, 9-24-98; Ord. No. 06-2002, § 3, 2-28-02) shall the aggregate of its invest- Supp. No. 24 157 § 2-166 NORTH PALM BEACH CODE ments in equities at cost exceed Sec. 2-167. Tax on insurers. sixty (60) percent of the pen- sion fund's assets. (a) There is hereby levied and imposed an excise tax upon every insurance company, corpo- (2) To issue drafts upon the pension fund ration or other insurer insuring loss against fire, pursuant to this article and rules and tornado or windstorm or engaged in the business regulations prescribed by the board. All of casualty insurance. Such excise tax shall be in such drafts shall be consecutively num- an amount equal to the rate specified in Chapter bered, be signed by the chairman and 175, Florida Statutes, multiplied by the gross secretary or their designee, and state upon receipts of premiums from holders of insurance their faces the purpose for which the policies of fire and windstorm insurance, and the drafts are drawn. The village finance di- rate specified in Chapter 185, Florida Statutes, rector or other depository of the village multiplied by the gross receipts of premiums from shall retain such drafts when paid, as holders of insurance policies of casualty insur- permanent vouchers for disbursements ance. All such policies shall be upon property made, and no money shall be otherwise within the corporate limits of the village. Such drawn from the pension fund. excise tax shall be in addition to any and all excise (3) To finally decide all claims to relief under taxes or license now levied or required by the this article and under the board's rules village. and regulations. (b) The proceeds of monies received under this (4) To convert into cash any securities of the excise tax shall be received annually from the pension fund. State of Florida by the village and shall be depos- (5) To keep a complete record of all receipts ited to the pension fund no more than five (5) days and disbursements and of the board's acts after receipt. and proceedings. (Ord. No. 1-92, 9, 10, 2-13-92) (6) To recommend an increase or decrease in Editor's note-Section 9 of Ord. No. 1-92, adopted Feb. the benefits payable hereunder, through 13, 1992, repealed former § 2-167, and § 10 of the ordinance enacted a new § 2-167 in lieu thereof. The repealed provisions the adaption of an amendment to this pertained to oaths of office, meetings and quorums of the article, but provided such action is based board, and derived from Ord. No. 9-82, § 9, adopted June 10, on an actuarial review by an enrolled 1982. actuary who is a member of the Society of Actuaries. Sec. 2-168. Repeal or termination of plan. (7) To retain, at least once every three (3) (a) This plan and subsequent amendments per- years, an independent consultant profes- taining to said plan, may be modified, terminated, sionally qualified to evaluate the perfor- or amended, in whole or in part by the employer; mance of professional money managers. provided that if this plan shall be amended or The independent consultant shall make repealed in its application to any person benefit- recommendations to the board regarding ing hereunder, the amount of benefits which at the selection of money managers for the the time of any such alteration, amendment, or next investment term. These recommen- repeal shall have accrued to the member or ben- dations shall be considered by the board eficiary shall not be affected thereby, except to the at its next regularly scheduled meeting. extent that the assets of the fund may be deter- The date, time, place and subject of this mined to be inadequate. meeting shall be advertised in a newspa- per of general circulation in the munici- (b) If this plan shall be repealed, or if contri- pality at least ten (10) days prior to the butions to the plan are discontinued, the board date of the hearing. shall continue to administer the plan in accor- (Ord. No. 9-82, § 8, 6-10-82; Ord. No. 12-85, 1, dance with the provisions of this plan, for the sole 2, 7-11-85; Ord. No. 1-92, § 8, 2-13-92; Ord. No. benefit of the then members, beneficiaries then 08-2001, § 2, 4-12-01) receiving retirement allowances, and any persons Supp. No. 24 158 ~I ADMINISTRATION § 2-170.7 (E) Direct rollover: A direct rollover is a pay- (4) Completed the sponsor's required proba- ment by the plan to the eligible retire- tionary period. ment plan specified by the distributee. (Ord. No. 16-91, § 5, 4-11-91) (Ord. No. 15-95, § 1, 5-11-95) Sec. 2-170.5. Entitlement age. DIVISION 5. LENGTH OF SERVICE AWARD The entitlement age is the age that members PLAN FOR VOLUNTEER FIREFIGHTERS" will begin receiving their monthly retirement benefit. Age sixty-five (65) with one (1) year of Sec. 2-170.01. Purpose. plan participation is generally utilized; however, The purpose of this plan is to award and service and participation requirements may be provide retirement income for active members of included. Entitlement age is sixty (60) with one the volunteer firefighters of the village in recog- (1) year of plan participation. ninon of their years of dedicated community ser- (Ord. No. 16-91, § 6, 4-11-91) vice. (Ord. No. 16-91, § 1, 4-11-91) Sec. 2-170.6. Benefit formula. Sec. 2-170.1. Name of sponsor. [The benefit formula shall be as follows:] The name of the sponsor shall be the Village of (1) Past service (before the plan began). Ten North Palm Beach. dollars ($10.00) per month for year of past (Ord. No. 16-91, § 2, 4-11-91) service for currently enrolled members of the volunteer firefighters. Eight (8) is the Sec. 2-170.2. Name of plan. maximum years of past service for which a member may receive credit. The name of the plan shall be "length of service award plan for volunteer firefighters." (2) Future service (after plan begins). Ten (Ord. No. 16-91, § 3, 4-11-91) dollars ($10.00) per month for each year of future service. Sec. 2-170.3. Effective date of plan. (3) Maximum monthly benefit. The maxi- The effective date of the plan shall be May 1, mum monthly benefit a member can re- 1990. ceive at the entitlement age is three hun- (Ord. No. 16-91, § 4, 4-11-91) dred dollars ($300.00). Sec. 2-170.4. Eligibility to enter plan. (4) Minimum monthly benefit. The minimum monthly benefit a member can receive if Members, as defined herein, means volunteer the member remains active in the plan firefighters duly recognized and enrolled as vol- until the designated entitlement age is unteer firefighters with the village. All members fifty dollars ($50.00). must meet each of the following requirements (Ord. No. 16-91, § 7, 4-11-91) before participating in the plan: (1) Minimum age, eighteen (18). Sec. 2-170.7. Preretirement death benefit. (2) Maximum age, sixty (60). The preretirement death benefit is the death (3) Completed one (1) year of active service benefit payable if a member dies before entitle- ment age while still active in the plan. The with the sponsor. amount payable is the greater of the face amount *Editor's note-Ordinance No. 16-91, adopted April 11, of the life insurance or the member's accrued 1991, did not specifically amend this Code; hence, inclusion of benefit: 1-12 as Art. V, Div 5, 2-170.01-2-170.11, was at the discretion of the editor. (1) Face amount of the life insurance, thirty Cross reference-Fire division, § 12-29 et seq. thousand dollars ($30,000.00). Supp. No. 24 158.3 § 2-170.7 NORTH PALM BEACH CODE (2) Payment mode, annual. fare of the citizens of the village and to provide an (Ord. No. 16-91, § 8, 4-11-91) equitable, expeditious, effective and inexpensive method of enforcing the hereinafter described Sec. 2-170.8. Vesting provisions. codes and ordinances of the village where a pend- The vesting is based on years of credited ser- ing or repeated violation continues to exist. vice and the following schedule: (Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, 4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No. Years of Service Vested Percentage 2-86, § 1, 3-27-86) Less h n t a 4 0 4 40 Sec. 2-172. Definitions. 5 50 The following words, terms and phrases, when 6 60 used in this article, shall have the meanings 7 70 ascribed to them in this section, except where the 8 80 context clearly indicates a different meaning: 9 90 Ten (10) or more 100 Attorney. Attorney for the village who will (Ord. No. 16-91, § 9, 4-11-91) advise the code enforcement board of legal rules Sec. 2-170.9. Village contributions. or give other legal assistance as required. So long as this system is in effect, the village Code inspector. Those authorized agents or shall make a yearly contribution to the plan equal employees of the village whose duty it is to insure to the cost for the year by the most recent actu- code compliance with the codes referred to above, arial valuation. including, but not limited to, the village manager, (Ord. No. 16-91, § 10, 4-11-91) building official, director of public safety, and finance director. Sec. 2-170.10. Trustee and contact person. The village finance director will act as trustee Enforcement board. The Village of North Palm and contact person and will be responsible for Beach Code Enforcement Board. contacting the agent or agency administrating the Repeat violation means a violation of a provi- plan regarding changes and modifications to the sion of a code or ordinance by a person who has plan. been previously found through a code enforce- (Ord. No. 16-91, § 11, 4-11-91) went board or any other quasi judicial or judicial Sec. 2-170.11. Point system. process, to have violated or who has admitted violating the same provision within five (5) years Aminimum of fifty (50) points is needed to earn prior to the violation, notwithstanding the viola- a year of credited service. The point system that tions occur at different locations. I can be earned by volunteer firefighters is set forth (Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, in Exhibit A attached to Ordinance No. 16-91 and 4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No. made a part of this division. 8-90, § 1, 4-12-90; Ord. No. 04-2000, § 1, 2-10-00) (Ord. No. 16-91, § 12, 4-11-91) Editor's note-Exhibit A, attached to Ord. No. 16-91 fi om which this division derives, is not printed herein, but is on file SeC. 2-173. Applicability. ~ and available for reference in the offices of the village. ~ The code enforcement board shall enforce and have jurisdiction of the following codes: ARTICLE VI. CODE ENFORCEMENT Chapter 4, Village of North Palm Beach BOARD Code, containing the animals and fowl code. Sec. 2-171. Declaration of legislative intent. Chapter 5, Village of North Palm Beach It is the intent of this article to promote, Code, containing the docks and waterways protect and improve the health, safety and wel- code. Supp. No. 24 158.4 ADMINISTRATION § 2-174 Chapter 6, Village of North Palm Beach Code, including the building code, the gas code, the mechanical code, the plumbing code, the appearance code and Appendix A, appearance plan, and the sign code. Chapter 7, Village of North Palm Beach Code, containing the bulkhead lines code. Chapter 12, Village of North Palm Beach Code, including the fire prevention code. Chapter 14, Village of North Palm Beach Code, containing the health and sanitation code. Chapter 15, Village of North Palm Beach Code, containing the housing code. Chapter 17, Village of North Palm Beach Code, containing the occupational license code. Section 18-35 only of Chapter 18 Chapter 19, Village of North Palm Beach Code, containing the noise control code. Chapter 24, Village of North Palm Beach Code, containing the streets, sidewalks and driveways code. Chapter 25, Village of North Palm Beach Code, containing the swimming pool code. Chapter 27, Village of North Palm Beach Code, containing the trees and shrubbery code, including landscaping of yards and parking lots. Chapter 28, Village of North Palm Beach .Code, containing the franchise ordinance for the use of the village rights-of--way for utilities. Chapter 36, Village of North Palm Beach Code, containing the subdivision code. Chapter 45, Village of North Palm Beach Code, containing the zoning code. (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1, 12-13-79; Ord. No. 9-80, § 3, 4-24-80; Ord. No. 15-86, § 2, 10-9-86; Ord. No. 23-2002, § 1, 7-11-02) Sec. 2-174. Organization of board. (a) Qualifications and terms. The village coun- cil shall appoint aseven-member code enforce- Supp. No. 24 159 1 i l BOATS, DOCKS AND WATERWAYS § 5-36 (b) This form shall be in duplicate. The ox~igi- Secs. 5-26-5-32. Reserved. nal shall be .given to the purchaser and the duplicate bound in a book of record for the pur- poses intended. ARTICLE II. BOAT LAUNCHING AREA (Ord. No. 12-98, § 6, 4-23-98) Sec. 5-33. Designated; use restricted. Sec. 5-22. Same-Claiming of vessel by owner; payment of costs. The boat launching area which is leased by the village from North Palm Beach Utilities, Inc., by The owner of such impounded vessel may take instrument dated May 10, 1960, and more partic- possession of such vessel at anytime prior to the ularly described in Resolution No. 81 of the vil- time of sale provided herein, but such owner shall lage council, shall hereafter be known as the reimburse the village for all reasonable expenses village boat launching area, and shall at all times for removal, storage, advertising and other ex- be used solely and exclusively for recreational penses incurred as a result of the impoundment of purposes by village taxpayers or residents. such vessel." (Code 1970, § 11-11) (Ord. No. 12-98, § 7, 4-23-98) Sec. 5-23. Same-Reclamation of owner af- Sec. 5-34. Repairs prohibited. ter sale. No repair work upon boats, boat trailers or The proceeds from the sale of any impounded other boating equipment shall be permitted at the vessel shall not be expended or disbursed for village boat launching area with the exception of ninety (90) days after the date of such sale. At any minor repairs or adjustments essentially neces- time during such period, the owner, upon provid- sary to make such boat, trailer or equipment ing proof of such ownership of such vessel, evi- operable or transportable to a professional facility deuced by documentary written evidence, may devoted to such repair service. recover back the proceeds of the sale, less all of (Code 1970, § 11-12) the expenses incurred in regard to removal, stor- age, advertising and a commission of five (5) Sec. 5-35. Permits required. percent on the gross sales price of such vessel for the cost of making such sale. If the owner fails to No boats or boat trailers shall be allowed to provide proof of ownership and recover back the remain more than twenty-four (24) hours at the proceeds of the sale in the time frame set forth village boat launching area unless a written per- herein, the proceeds of sale shall be forfeited to xnit therefor has been secured from the village the village. manager. Such permits shall be issued upon such (Ord. No. 12-98, § 8, 4-23-98) reasonable regulations and upon such cost as shall be determined, from time to time, by the Sec. 5-24. Use of vessel for dwelling pur- village council. poses in prohibited area. (Code 1970, § 11-13) It shall be unlawful of any person to occupy for dwelling purposes any vessel in the prohibited Sec. 5-36. Abandoned boats and equipment- area except during the period covered by the Disposition. mooring permit referred to in section 5-17. (Ord. No. 12-98, § 9, 4-23-98) (a) It shall be presumed that the owner of each boat, each boat trailer, and each piece of boat Sec. 5-25. Fueling of marine craft. equipment found on the village boat launching area as to which there is not then outstanding a Fueling of floating marine craft at other than a currently effective permit issued under section marine service station is prohibited. 5-35 of this chapter, has abandoned such boat, (Ord. No. 14-2002, § 1, 5-9-02) boat trailer or piece of boat equipment. Supp. No. 24 325 § 5-36 NORTH PALM BEACH CODE (b) Thereupon, it shall be lawful for the vil- Sec. 5-57. General requirements. lage, through its officers or employees, to remove such abandoned material from such area, destroy- (a) All canals shall be provided with reinforced ing that which is junk and disposing of all other or prestressed concrete bulkheads which shall material for the best price, and upon the best meet the requirements of the village building code terms available. The net proceeds of any such sale and the village ordinances concerning zoning as shall be deposited in the general fund of the they are concerned with bulkheads. village. (b) All canals to be constructed in areas pro- . (Code 1970, § 11-14) posed to be platted shall meet the requirements of the subdivision ordinance of the village, as set out Sec. 5-37. Same-Recovery. in Appendix B of this volume, and amendments thereto, and must be approved as part of the plan of develo went of the ro osed 1 At any time within ninety (90) days after the P P P patted area. disposition of any boat, boat trailer or equipment (c) Canals to be constructed in unplatted areas under section 5-36 of this chapter, the owner, or shall meet the requirements of the village build- any person having any alleged interest in such ing code and all ordinances of the village relating disposed of property, may, upon making proof of to zoning, and plans for the construction of any such ownership or interest, recover back from the canal must be approved by the engineers of the village the proceeds of the sale, less all the ex- village prior to the issuance of a building permit penses of caring for, moving, advertising and for such canal. making such sale. (Code 1970, § 11-24) (Code 1970, § 11-15) Cross reference-Zoning, App. C. Sec. 5-58. Navigation canals. Secs. 5-38-5-48. Reserved. Canals which maybe used for navigation shall have a minimum width of eighty (80) feet face to ARTICLE III. CONSTRUCTION face of bulkheads constructed on the sides thereof, REQUIREMENTS` with the exception of the bottom profile require- ments dictated by the bulkhead design. All such DIVISION 1. GENERALLY canals shall have a minimum bottom elevation of minus eight (-8) feet mean sea level. (Code 1970, § 11-22) Secs. 5-49-5-55. Reserved. Sec. 5-59. Drainage canals. DIVISION 2. 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 Sec. 5-56. Compliance with division re- required to provide sufficient cross section for quired. drainage requirements and shall have a mini- mum bottom elevation of minus eight (-8) feet All canals for navigation and/or drainage pur- mean sea level. The determination of whether or poses to be dug or constructed within the corpo- not the intended use of a canal is for drainage ~ rate limits of the village, either in whole or in purposes only shall be set forth on the dedication part, whether or not such canal is dedicated to the of a plat if such canal is included in a platted area, public, shall be subject to the requirements set and such determination for canals in unplatted I forth in this division. areas shall be made by the village building inspec- (Code 1970, § 11-21) tor. The village building inspector shall determine 'Cross references-Buildings and building regulations, that a canal has been constructed for drainage Ch. 6; coastal construction code, § 6-151 et seq. Supp. No. 24 326 BUILDINGS AND BUILDING REGULATIONS § 6-19 ARTICLE I. IN GENERAL and the following ordinances: Ord. No. Date Section Sec. 6-1. Construction on public land pro- hibited. 7-72 2 16-72 1 It shall be unlawful for any person to erect or 10-75 7-10-75 1, 2 maintain, or to permit the erection or mainte- 9-78 5-25-78 1, 2 3-80 2-14-80 1 nance of any structure of any kind, including a 25-80 10- 9-so 1, 2 wall upon, across, over or under any portion of 17-82 9-23-82 1 any publicly dedicated utility or drainage ease- 12-83 8-25-83 1, 2 went area in the village. 16-86 i1-13-86 1, 2 (Code 1970, § 6-1) Sec. 6-17. Codes adopted. Sec. 6-2. Reserved. The 2001 edition of the Florida Building Code Editor's note-Ord. No. 05-2002, § 3, adopted Feb. 28, including the amendments to the code as recom- 2002, repealed § 6-2, in its entirety. Former § 6-2 pertained to mended by the Building Code Advisory Board of accessibility to buildings by handicapped persons; state law Palm Beach County and the Village of North adopted which was incorporated by reference and derived from the Code 1970. Palm Beach are hereby adopted and incorporated herein, as part of the minimum construction Sec. 6-3. Reserved. standards for the Village of North Palm Beach, Florida. Department of Public Services shall be Editor's note-Ord. No. 05-2002, § 4, adopted Feb. 28, substituted for Building Department in the adopted 2002, repealed § 6-3, in its entirety. Former § 6-3 pertained to fire district and derived fiom the Code 1970, § 16-23; and Ord. Code. No. 12-72, § 1. (Ord. No. 4-90, § 2, 3-8-90; Ord. No. 14-92, § 2, 9-10-92; Ord. No. 15-96, § 2, 4-25-96; Ord. No. Sec. 6-4. Reserved. 7-99, § 1, 1-28-99; Ord. No. 05-2002, § 2, 2-28-02; Ord. No. 13-2002, § 1, 5-9-02) Editor's note-Pursuant to advice of the city, and at the Editor's note-The various codes adopted above in § 6-17, editor's discretion, Ord. No. 2-83, adopted Feb. 1Q, 1983, and amendments thereto, are not set out at length in this codified as Ch. 12.5 of this Code, has been treated as super- Code but are on file and available for inspection in the offices seding former § 6-4 relative to duties of the building official of the city. concerning flood management building requirements. Such Note-See the editor's note following § 6-16. section derived fiom Ord. No. 7-77, § 1, adoptedApri128, 1977 Cross references-Florida Fue prevention code adopted, and Ord. No. 19-78, § 1, adopted July 27, 1978. § 12-16; housing code adopted, § 15-1. Secs. 6-5-6-15. Reserved. Sec. 6-18. Reserved. Editor's note-Former § 6-18, relative to amendments ARTICLE II. NIINIMITM CONSTRUCTION and addition to the Standard Building Code, has been deleted STANDARDS pursuant to the adoption of Ord. No. 15-96, enacted April 25, 1996, which adopted the 1994 editions of the various codes as detailed in § 6-17. The provisions of former § 6-18 derived from Sec. 6-16. Authority. Ord. No. 20-93, § 1, adopted Sept. 9, 1993; and Ord. No. 21-93, This article is promulgated in accordance with § 1, adopted Sept. 9, 1993. F.S. chapter 553. Sec. 6-19. Violations; penalty. (Ord. No. 4-90, § 1, 3-8-90; Ord. No. 05-2002, § 1, 2-28-02) Any person, firm or corporation who shall vio- Editor's note-The provisions of 6-16 and 6-17 were late a provision of this article, or fail to comply deleted as being superseded by the provisions of 1, 2 of Ord. therewith, or with any of the requirements thereof, No. 4-9Q, adopted Mar. 8, 1990, included hereui as new 6-16 and 6-17. The deleted provisions pertained to the adoption of shall be guilty of a misdemeanor. Each such the Standard Building Code, 19x5 edition and the county person shall be deemed guilty of a separate of- amendments, and derived from Code 1970, s-11 and 6-12, fense for each and every day or portion thereof Supp. No. 23 383 I. § 6-19 NORTH PALM BEACH CODE during which any violation of any of the provi- Sec. 6-32. Intent and purposes. sions of this article is committed or continued and, upon conviction of any such violation, such This appearance code is adopted for the follow- person shall be punished by a fine of not less than ing purposes: fifty dollars ($50.00) nor more than five hundred (1) To promote the public health, safety, mor- dollars ($500.00), or by imprisonment not exceed- als, comfort and general welfare of the ing six (6) months, or by both such fine and citizens of the village. imprisonment. (Ord. No. 25-80, § 3, 10-9-80; Ord. No. 12-83, § 3, (2) To enhance the values of property through- 8-25-83) out the village. Editor's note-Ordinance No. 25-80, § 3, adopted Oct. 9, 1980, was nonamendatoiy of the Code; hence, its inclusion as (3) To protect and to stabilize the general § s-19 was at the editor's discretion. appearance of buildings, structures, land- scaping and open areas, in the multiple Sec. 6-20. Reserved. dwelling, commercial and public zoning Editor's note-Section 3 of Ord. No. 14-92, adopted Sept. districts of the village. 10, 1992, repealed former § 6-20, relative to amendments to (4) To insure adequate light, air and privacy the Standard Plumbing Code, which derived from. Ord. No. fOr ro ert in the multi le dwellin com- 20-91, § 1, adopted May 23, 1991. p p y p g, mercial and public zoning districts of the Secs. 6-21-6-29. Reserved. village. (5) To encourage and promote acceptability, ARTICLE III. APPEARANCE CODE attractiveness, cohesiveness and compat- ibility of new buildings, developments, remodeling and additions so as to main- DIVISION 1. GENERALLY twin and improve the established stan- dards of property values within the mul- Sec. 6-30. Short title. tiple-dwelling, commercial and public This article, including any regulation hereafter zoning districts of the village. adopted, shall hereafter be known, cited and (Code 1970, § 6-22) referred to as the "Appearance Code." (Code 1970, § 6-21) Sec. 6-33. Appearance plan. Sec. 6-31. Definition. The village hereby adopts by reference thereto ~ the appearance plan attached as exhibit A to The term external architectural feature is Ordinance No. 3-72 of the village. The appearance defined to mean the architectural style and gen- plan is set forth at length in Appendix A of this eral arrangement of such portion of a building or Code. structure as is designed to be open to view from a (Code 1970, § 6-40; Ord. No. 3-72, § 1) public street, place or way, or from adjoining premises. (Code 1970, § 6-39; Ord. No. 4-71, § l; Ord. No. Sec. 6-34. Reserved. 2-72, § 1) Editor's note-Ordinance No. 4-79, § 1, adopted March 8, Cross reference-Rules of construction and definitions 1979, amended Ord. No. 6-77, § 5, enacted April 28, 1977, to generally, § 1-2. repeal 6-29~-32 of the 1970 Code, of which 6-30, 6-32 were codified as § 6-34 of this Code. Former § 6-34 pertained *Editor'snote-Ordinance No. 6-77, § 5, enacted Apri128, to amendments of the appearance plan. 1977, adopted 6-30~-36, 6-56-6-60, concerning the ap- pearance code, as part of the comprehensive plan for the village. Ord. No. 4-79, adopted March 8, 1979, removed the SeC. 6-35. Appeals and review appearance code from the comprehensive plan. Cross references-Plann;ng and development, Ch. 21; The applicant or any interested party may file appearance plan, App. A. an appeal to the village council on any ruling by Supp. No. 23 384 BUILDINGS AND BUILDING REGULATIONS § 6-35 the planning commission made pursuant to this article. An appeal shall be on forms provided by the village. The appeal shall be filed or made [The next page is 398.3] Supp. No. 23 385 l BUILDINGS AND BUILDING REGULATIONS that are a hazard or a nuisance to occu- utes on a commercially zoned prop- pants of any property because of glare or erty and on which the business being other characteristics. advertised is located and: (17) Signs that contain any lighting or control 1. Is parked within the front two- mechanism that causes interference with thirds of the area between the radio, television or other communication front building line and the front signals. lot line; or (18) Searchlights used to advertise or promote 2. In the case of corner lots, is a business or to attract customers to a parked within the front two- property. thirds of the area between the side building line and the side (19) Signs that are painted, pasted, or printed lot line; or on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, 3. Is parked within thirty (30) feet except house numbers and traffic control of any street right-of--way. signs. (24) Signs displaying copy that is harmful to (20) Signs placed upon benches, bus shelters minors as defined by this code. or waste receptacles. (25) Portable signs as defined by this code. (21) Signs erected on public property, or on (26) Marquee sign as defined by this code. private property (such as private utility poles) located on public property, other (27) Roof sign as defined by this code. than signs erected by public authority for (28) Changeable copy sign as defined by this public purposes. code. (22) Signs erected over or across any public Exceptions: street except as may otherwise be ex- a. Sign for public, charitable, and reli- pressly authorized by this Code, and ex- gious institutions. cept governmental signs erected by or on the order of the village manager. b. Motor vehicle service station signs; (23) a. Vehicle signs with a total sign area provided, however, that said signs are: on any vehicle in excess of ten (10) 1. Limited to a maximum of twenty square feet, when the vehicle is parked on the same property as the (20) percent of the total sign business being advertised and: area for said vehicle service sta- tion. 1. Is parked for more than sixty (60) consecutive minutes within 2. Changeable copy is limited to one hundred (100) feet of any price of fuel and the words "cash" street i7ght-of--way; and and "credit." 2. Is visible from the street right- 3. The maximum height ofchange- of-way that the vehicle is within able numbers shall be twelve one hundred (100) feet of; and (12) inches. 3. Is parked on commercially zoned c. Signs in P-Public District. property; (29) Painted wall sign as defined by this code. b. Vehicle signs visible from any street (30) Neon tube sign located inside or outside a right-of--way with a total sign area building and as defined by this code. less than or equal to ten (10) square feet, when the vehicle is parked for (31) Off site/premise sign as defined in this more than sixty (60) consecutive min- code. Supp. No. 24 398.11 NORTH PALM. BEACH CODE (32) Signs placed on boats or watercraft that struction is discontinued for a period are located on public or private property of more than sixty (60) days, the other than boat or watercraft name, man- message shall be removed, pending ufacturers name or required license num- initiation or continuation of construc- bers. tion activities. (33) Time-Temperature-Date Signs. c. To announce or advertise such tem- (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, porary uses as carnivals, revivals, 8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. sporting events, or any public chari- 12-2000, § 1, 4-27-00) table, educational or religious event or function. Such message shall not Sec. 6-114. Permitted temporary signs. be displayed more than thirty (30) days prior to the event. or function (A) Where allowed. Temporary signs are al- and shall be removed within two (2) lowed throughout the village, subject to the re- working days after the special event. strictions imposed by this section and other rele- Approval of the size and locations of want parts of this Code. Temporary signs do not the signs by the department of pub- require abuilding permit. lic services is required. (B) Sign types allowed. A temporary sign may d. Political sign. Nothing shall be con- be apole, ground or building wall sign, but may strued to regulate the content or not be an electric sign. internal design of a political sign. (C) Removal of illegal temporary signs. Any Signs advertising political events and temporary sign not complying with the require- functions shall not be displayed more ments of this section is illegal and subject to than thirty (30) days prior to the immediate removal by the village forces. event or function and shall be re- moved not more than seven (7) cal- (D) Restrictions on content of temporary signs. endar days following the event or A temporary sign may display any message so function advertised by the sign. Cam- long as it is not: paign signs shall not be displayed (1) Harmful to minors as defined by this more than thirty (30) days prior to Code. the candidate qualifying for office or issue being voted upon and shall be (2) Advertising as defined by this Code, ex- removed within seven (7) days fol- cept that advertising for the following lowing the election. purposes may be displayed: (E) Permissible size, height and number of a. To indicate that an owner, either temporary signs. personally or through an agent, is actively attempting to sell, rent or (1) One-family and two-family residences. A lease the property on which the sign parcel on which is located a single one- is located. family or two-family residence may dis- play not more than one temporary sign b. To identify construction in progress. with a sign area of not more than five (5) Such message shall not be displayed s uare feet. No si more than sixty (60) days prior to q gn shall exceed five (5) the beginning of actual construction feet in height. Front setback shall be ten of the project, and shall be removed (10) feet and side setback shall be three when construction is completed. If a (3) feet. message is displayed pursuant to (2) Multi family residences. Aparcel on which this section, but construction is not is located amulti-family residence may initiated within sixty (60) days after display not more than one (1) temporary the message is displayed, or if con- sign with a sign area of not more than Supp. No. 24 398.12 BUILDINGS AND BUILDING REGULATIONS § 6-115 thirty-two (32) square feet. No individual ness premises. The noncommercial mes- sign shall exceed eight (8) feet in height. sage may occupy the entire sign face or Front setback shall be ten (10) feet and portion thereof. The sign face may be side setback shall be three (3) feet. changed from commercial to noncommer- (3) On all other parcels. All other parcels may cial messages as frequently as desired by display not more than one (1) temporary the owner of the sign, provided that the sign with an aggregate sign area of not size and design criteria conform to the more than sixteen (16) square feet. No applicable portions of this code, the sign is sign shall exceed eight (8) feet in height. allowed by this code, the sign conforms to the requirements of the applicable zoning (4) All areas. Three (3) temporary political designation and the appropriate permits signs, each not exceeding five (5) square are obtained. For the purposes of this sign feet in sign area and not more than five code, noncommercial messages, by their (5) feet in height, may be displayed on a very nature, shall never be deemed off- - parcel. premises. (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, § 1, 10-12-00; Ord. No. 10-2002, § 1, 4-25-02) (C) Permissible number, area, spacing and height of permanent accessory signs. Sec. 6-115. Permitted permanent accessory (1) Ground signs: signs. a. Multi-family buildings with more (A) Sign types allowed. A permanent accessory than four (4) dwelling units. sign may be a ground or building wall sign. Number -One (1) maximum. (B) Content. A permanent accessory sign may Sign Area -Maximum thirty-two only display any combination of the following, none of which may be harmful to minors as (32) square feet. defined in this Code. Height -Eight (8) feet maximum. (1) Letters depicting the name of the building Set back, Minimum -Ten (10) feet or the name of the building occupant. front -three (3) feet side. (2) Letters depicting the nature of the busi- b. Commercial occupancy: ness and that are a maximum of fifty (50) Number -One sign per parcel right- percent of the height of the letters in of-way frontage maximum. paragraph (B)(1) of this section. Sign Sign Sign Face (3) A logo symbol for the building or the Setback Height Area building occupant which does not exceed Minimum Maximum Maximum fifty (50) percent of the allowable sign 5 ft. s ft. 3o sq. ft. area. 10 ft. 8 ft. 36 sq. ft. (4) Street address number and/or name. 20 ft. 1o ft. 4o sq. ft. 30 ft. 10 ft. 45 sq. ft. (5) Noncommercial message. Notwithstand- ing anything contained in other sections (2) Building wall signs: of the Code of the village to the contrary, a. Subject to the design criteria of this any sign erected pursuant to the provi- article, the maximum mounting sions of this code may, at the option of the height of a building wall sign shall applicant, contain either a noncominer- be eighteen (18) feet, except that on cial message unrelated to the business a building of more than two (2) sto- located on the premises where the sign is ries, a single building wall sign is erected or a commercial message related allowed above eighteen (18) feet fac- to the business and located on the busi- ing each public street frontage. Supp. No. 24 398.13 § 6-115 NORTH PALM BEACH CODE b. Each multiple occupancy complex public street frontages may have one may display one (1) permanent ac- (1) full size wall sign facing a public cessory building wall identification street frontage and one-half (~/2) size sign facing each public street front- wall sign facing the other street front- age on the principal building in which ages. the complex is located, not to exceed a sign area of twenty (20) square (D) Directional signs, One (1) parking area feet. directional sign may be erected at each point of ingress and egress to a parking lot or parking c. Each occupant of a multiple occu- area. Such signs shall not exceed two (2) square pancy complex that has a licensed feet in background area nor exceed three (3) feet building frontage which has direct in height. Such signs shall not create a traffic or ground level walk-in access from a pedestrian hazard. (See section 6-112(B)). public or private roadway or side- walkmay display one (1) permanent (E) Signs at entrances to residential deuelop- accessory building wall sign on any ments. exterior portion of the complex that is part of the occupant's unit (not (1) Generally. A permanent accessory sign including a common or jointly owned may be displayed at the entrance to resi- area), and that has a maximum sign dential developments. area of five (5) percent of the facade (2) Restrictions. area if the front building setback is a. One (1) sign is permitted at only one twenty-five (25) feet minimum, seven (7) percent of the facade area if the (1) entrance into the development from each abutting street. The sign front building setback is seventy (70) may be a single sign with two (2) feet minimum and ten (10) percent faces of equal size or may be two (2) of the facade area if the front build- single-faced structures of equal size ing setback is one hundred (100) feet located on each side of the entrance. minimum. Exception: An occupant No face of the sign shall exceed thirty- that has building facade area facing two (32) square feet in size, and may multiple public street frontages may be illuminated in a steady light only. have one (1) full size wall sign facing a public street frontage and cone- b. When considering the placement of half (~/2) size wall sign facing the such signs, the planning commission other street frontages. shall consider the location of public d. Each occupant of a single occupancy utilities, sidewalks and future street complex may display one (1) perma- widening. vent accessory wall sign on the prin- c. The planning commission shall en- i cipal building in which the occu- sure that such signs shall be main- pancy is located, not to exceed a sign tained perpetually by the developer, area of five (5) percent of the facade the owner of the sign, a pertinent area if the front building setback is owners' association, or some other twenty-five (25) feet minimum, seven person who is legally accountable (7) percent of the facade area if the under a maintenance arrangement front building setback is seventy (70) approved by the village council. If no feet minimum and ten (10) percent accountable person accepts legal re- of the facade area if the front build- sponsibility to maintain the signs ing setback is one hundred feet (100) and no other provision has been made minimum. for the maintenance of them, the Exception: An occupant that has signs shall be removed by the devel- building facade area facing multiple oper or owner. Supp. No. 24 398.14 BUILDINGS AND BUILDING REGULATIONS § 6-116 (F) Flags. (4) Maintenance. It shall be the duty of the owner of the building to maintain the (1) Number Not more than three (3) flags or numbers on the building in good condi- insignias of governmental, religious, char- tion. itable, fraternal or other organizations may be permanently displayed on any one (I) Signs in P-Public Zoning District. parcel of land. (1) Type-On premise, wall and ground signs. (2) Size. The maximum distance from top to (2) Number-Such number as shall be per- bottom of any flag or flags shall be twenty mitted by the village council, in its discre- (20) percent of the total height of the flag tion, to assist in the administration and pole, or in the absence of a flag pole, operation of the village and its various twenty (20) percent of the distance from governmental, recreation and proprietary the top of the flag or insignia to the operations. ground. The maximum height of a flag (3) Size-Height-Location. Shall be no pole shall be twenty (20) feet. .greater than the signs allowed in adjacent zoning districts. (G) Utility signs. Public utility signs that iden- tify the location of underground utility lines and (4) Additional signs. The following additional facilities, high voltage lines and facilities, and signs are permitted: Locational and direc- other utility facilities and appurtenances are per- tional signs at outdoor public recreation mitted so long as they do not exceed three (3) feet pax'k and sporting events which may in- in height, and so long as the sign face does not clude advertising logo of the entity spon- soring the activity or event being held on exceed one-half (1/z) square foot. publicly owned property, including, but (H) Street numbers. not limited to youth athletic associations, organized team competitions, swimming (1) Generally. Every building in the village meets, tennis tournaments and golf course shall have its street number so affixed to benches with direction and ball washing facilities at each tee. the building or the premises upon which the building is located that it is both (J) Strings of white light bulbs. Strings of visible and legible from the public street. white light bulbs may be permanently permitted to outline buildings and decorate trees on com- (2) Commercial buildings. Every commercial mercially developed property provided that such building with a wall facing an alley shall display does not interfere with neighboring land have each individual tenancy street num- uses. A building permit is required. ber affixed to the building above or next to (Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 3, the rear door serving each tenancy so that g-11-94; Ord. No. 10-99, § 2, 2-11-99; Ord. No. the number is both visible and legible 22-2000, § 1, 8-24-00; Ord. No. 31-2001, § 2, from the alley. The street numbers shall 10-25-O1) be reflective. (3) Height-Colo: All street numbers shall Sec. 6-116. Measurement determinations. be a minimum of three (3) inches in height (A) Facade area. The facade area shall be on residential buildings and a minimum measured by determining the area within atwo- of six (6) inches on commercial buildings. dimensional geometric figure coinciding with the Maximum height of all street numbers edges of the walls, windows, doors, parapets, shall be eight (8) inches. All street num- marquees, and roof slopes of greater than forty- bers shall be a sharply contrasting color five (45) degrees that form a side of a building or with the building. unit. Supp. No. 24 398.14.1 § 6-116 NORTH PALM BEACH CODE (B) Sign area. (D) Sign height. The height of a sign shall be measured as the vertical distance from the fin- (1) Generally. The area of a sign shall be the fished grade, excluding berms, at the base of the area within the smallest square, rectan- supporting structure to the top of the sign, or its gle, parallelogram, triangle, circle or semi- frame or supporting structure, whichever is higher. circle, the sides of which touch the ex- (Ord. No. 24-93, § 2, 10-14-93) time points or edges of the sign face. (2) Special situations. Sec. 6-117. Design, construction, and loca- tion standards. (a) Where a sign is composed of letters attached directly to a facade, win- (A) Generally. All permanent signs must com- dow, door, or marquee, and the let- ply with the following design, construction and ters are not enclosed by a border or location standard. trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semi- circle, the sides of which touch the I extreme points of the letters or pic- tures. (b) Where two (2) sign faces are placed back to back on a single sign struc- ture, and the faces are at no point more than four (4) feet apart, the area of the sign shall be counted as the area of one (1) of the faces. (c) Where three (3) or more sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two (2) larg- est faces. (C) Number of signs. (1) Generally. In general, the number of signs shall be the number of non-contiguous sign faces. Multiple non-contiguous sign faces may be counted as a single sign if all the sign faces are included in the geomet- ric figure used for determining the sign area. (2) Special situations. (a) Where two (2) sign faces are placed back to back and are at no point more than three (3) feet apart, it shall be counted as one sign. (b) If a sign has four (4) faces arranged in a square, rectangle or diamond, it shall be counted as two (2) signs. I Supp. No. 24 398.14.2 COUNTRY CLUB § 9-2 ARTICLE I. IN GENERAL and rough areas during the period from one (1) hour after sunset to one Sec. 9-1. Premises-General regulations. (1) hour before sunrise each day. b. Other areas at the North Palm Beach No person, other than village employees or Country Club, including the club- persons authorized by the village, on the premises house, tennis facilities, swimming of the North Palm Beach Country Club, including pool area and winter club except the North Palm Beach Country Club Golf Course, during daylight hours and during tennis club and tennis facilities, driving range, the hours of one (1) hour after sunset swimming pool area, dining room, bar, winter and one (1) hour before sunrise as club facilities and all other premises included the premises are lighted and use within the property acquired by the village as thereof has been expressly approved part of the North Palm Beach Country Club, both by the village for the country club under the original purchase and under the option restaurant, bar facilities, swimming by which it acquired the tennis club area, shall: pool area, tennis courts, golf course, driving range and the winter club. (1) Disfiguration and/or r•emouczl of building The opening and closing hours for and other property. such latter areas shall be posted at a. Willfully mark, deface, disfigure, in- the main entrance to the facilities jure, tamper with or displace or re- for public information. One (1) hour move any building, paving or paving after sunset and one (1) hour before materials, lawn, sod, water line or sunrise, all portions of the North other public utilities, parts of appur- Palm Beach Country Club which are tenances thereof, signs, notices or not lighted and permitted for use as placards, whether temporary or per- described above shall be closed to manent, or any other structures, the public, and no person or persons equipment, facilities or country club shall walk or be upon any portion of property or appurtenances thereto, the country club premises which is either real or personal. closed to the public during those hours. b. Dig or remove or disfigure any of the (Ord. No. 5-80, § 1, 3-13-80) tee areas, fairways, greens or rough Editor's note-Ordinance No. 5-80, § 1, adopted Mar. 13, on the North .Palm Beach Country 1980, amended the Code with the addition of a new § 9-21. Club Golf Course. However, in order to maintain Code format, the editor has redesignated the provisions as § 9-1. c. Damage, cut, carve, transplant or remove any tree or plant or injure Sec. 9-2. Same-Signs; enforcement; penal- the bark or pick the flowers or seeds ties. of any tree or plant. Nor shall any person attach any rope, wire or any (a) The village manager shall place appropri- contrivance to any tree or plant. A ate signs advising the public of the closing of person shall not dig in or otherwise country club facilities at each entrance to the disturb grassy areas or in any other North Palm Beach Country Club and at each of way injure or impair the natural the North Palm Beach Country Club facilities beauty or usefulness of any area. main entrances. (2) .Hours. Be physically present on: (b) All employees at the North Palm Beach Country Club and the public safety department a. The golf course at the Village of and public safety office at the village shall, in North Palm Beach Country Club, connection with their duties imposed by law, including all tees, fairways, greens diligently enforce the provisions of sections 9-1 Supp. No. 24 561 § 9-2 NORTH PALM BEACH CODE and 9-2. The North Palm Beach Country Club specialist when available. For purposes of this Manager and all persons employed at the North section of the Code, a marketing specialist shall Palm Beach Country Club shall have the author- be defined as an individual with experience work- ity to reject from the country club premises any ing for the media, for an advertising agency, for a person acting in violation of sections 9-1 and 9-2. public relations firm, or in a related field. The North Palm Beach Public Safety Department and any North Palm Beach Public Safety Officer (b) Terms. Upon the expiration of the terms of shall have the authority to enforce sections 9-1 four (4) members of the board on September 30, and 9-2 and to arrest any persons trespassing 1998, the village council shall make appointments upon the country club property in violation of the of four (4) members with terms commencing Oc- hours of use and other provisions of sections 9-1 tober 1, 1998, and expiring April 30, 2000. The and 9-2. terms of the three (3) members of the board whose expiration date is scheduled to be September 30, j (c) Penalties. Violation of any provision of this 1999, are changed to provide for an expiration Code section shall be punished as provided in date of April 30, 1999. Thereafter, the village section 1-8 of this Code. council shall make appointments to the board in (Ord. No. 5-80, § 2, 3-13-80) April of each year for two-year terms commencing Editor's note-Ordinance No. 5-80, § 2, adopted Mar. 13, May 1, thereafter: 1980, amended the Code with the addition of a new § 9-22. At the editor's discretion, in order to maintain Code format, the (c) Vacancies. An appointment to fill any va- provisions have been redesignated as § 9-2. cancy shall be for the remainder of the unexpired Secs. 9-3-9-15. Reserved. term of office. (Ord. No. 39-90, § 2, 11-19-90; Ord. No. 18-93, § 1, 7-22-93; Ord. No. 23-98, § 1, 9-24-98; Ord. No. ARTICLE II. ADVISORY BOARD* 12-2001, § 1, 5-10-01) Sec. 9-16. Created. Sec. 9-18. Removal. A country club advisory board (hereinafter re- If a member of the advisory board or a desig- ferred to as the board) for the village is hereby nated alternate of the board is absent from three created. (3) regularly-scheduled meetings of the board (Ord. No. 39-90, § 1, 11-19-90; Ord. No. 4-99, § 1, within any twelve (12) consecutive month period 1-28-99) without such absence being excused by majority vote of the board, the chairman of the board shall Sec. 9-17. Composition; terms; vacancies. promptly notify the village council. The council (a) Composition. The board of trustees shall be may thereafter declare the member's office vacant appointed by the village council and shall consist and promptly fill such vacancy for the unexpired of seven (7) members who shall be residents of the term of office. village. At least one (1) member of the board shall (Ord. No. 39-90, § 3, 11-19-90; Ord. No. 4-99, § 2, be a pool member of the country club, one (1) 1-28-99; Ord. No. 18-2001, § 2, 6-28-01) member of the board shall be a tennis member of the country club, one (1) member of the board Sec. 9-19. Officers' quorum; compensation. shall be a golf member of the country club, and At the first organizational meeting of the board ' one (1) member of the board shall be a marketing ~ the members shall elect a chairman, vice chair- *Editor's note-Ordinance No. 39-90, adopted Nov. 19, man and secretary from among its members. 1990, did not specifically amend this Code; hence, inclusion of Subsequent to the initial organization meeting 1-7 as Art. II, 9-16-9-22, was at the discretion of the where officers are elected, the members shall editor. Ord. No. 4-99, § 1, adopted Jan. 28, 1999, changed the title of Ch. 9, Art. II from Administrative Board to Advisory elect the officers from among its members at the Board. first regular meeting in May of each year. The Cross reference-Administration generally, Ch. 2. presence of four (4) members shall constitute a i Supp. No. 24 562 COUNTRY CLUB § 9-32 quorum and motions shall be approved by a (d) Country club budget. The country club bud- majority of members present. The members shall get shall be prepared and processed as other serve without compensation. departmental budgets. (Ord. No. 39-90, § 4, 11-19-90; Ord. No. 18-93, § 2, (Ord. No. 39-90, § 7, 11-19-90; Ord. No. 33-91, § 1, 7-22-93; Ord. No. 20-2002, § 1, 6-13-02) 10-24-91; Ord. No. 13-93, § 1, 5-13-93; Ord. No. 43-97, § 1, 10-9-97; Ord. No. 4-99, 4-7, 1-28- Sec. 9-20. Meetings. 99) The board shall schedule at least one (1) regu- Sec. 9-22. Reserved. lar meeting per month. In addition, the chairman Editor's note-Ord. No. 4-99, § 8, adopted Jan. 28, 1999, may Call special meetings and special meetings repealed the provisions of former section 9-22 which pertained maybe called by written notice signed by at least to the village manager and derived from Ord. No. 39-90, § 7, four (4) members of the board. Minutes shall be adopted Nov. 19, 1990 and Ord. No. 13-93, § 2, adopted May kept of all meetings. Notice of all meetings shall 13, 1993. be posted in accordance with the procedures es- tablished bythe village council. All meetings shall Secs. 9-23-9-31. Reserved. be open to the public. The attorney for the village may give legal assistance to the board as re- quired. The board shall enact or adopt rules for ARTICLE III. FINANCES the conduct of its meeting. All members shall be apprised of the applicability of the "sunshine law" Sec. 9-32. Delinquent accounts; penalties. to the board and its members. (Ord. No. 39-90, § 5, 11-19-90; Ord. No. 4-99, § 3, (a) Effective November 1, 1971, all past-due 1-28-99) charges for goods or services purchased at the country club shall carry a penalty of one and one-half (11/z) percent of the amount due for each Sec. 9-21. Duties. thirty (30) days the account is past due on all (a) Management and administration policies. accounts where the past-due indebtedness is ten The board shall have such duties as set forth by dollars ($10.00) or more. the village council by resolution. The board shall (b) Effective November 1, 1971, all past-due advise and recommend policies, programs and membership fees at the country club shall carry a activities to the village council as they relate to penalty of one and one-half (11/z) percent of the the use of the country club facilities. The board in amount past due for each thirty (30) days the its recommendations for the country club shall membership fee is past due on all accounts where not discriminate between club members and vil- the past-due indebtedness is ten dollars ($10.00) lage resident non-members which would favor the or more. club members' accessibility to club facilities. The country club administrator shall provide for the (c) All billings for membership fees and for daily management, administration and operation goods or services purchased at the country club of the country club and shall report to the village shall contain information advising the customer manager. of the penalty charge for late payment, with at least athirty-day notice of such penalty. (b) Country club administrator. The country club administrator shall serve as the village (d) In addition to the penalties set forth in manager's representative to the country club ad- paragraphs (a) and (b) of this section, any person ministrative board. whose account for membership fees or for goods and services purchased at the country club is (c) Village employees. The country club admin- delinquent beyond two (2) billing periods shall istrator is responsible for evaluating all country have his membership privileges suspended at the club employees. country club and shall no longer be entitled to Supp. No. 24 563 § 9-32 NORTH PALM BEACH CODE t purchase goods and services or to utilize the facilities at the country club until he has brought his account current. (Code 1970, § 10.5-40; Ord. No. 211-70, § 1; Ord. No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) I Supp. No. 24 564 [The next page is 615] ELECTRICITY § 11-12 ARTICLE I. IN GENERAL Secs. 11-1-11-10. Reserved. ARTICLE II. ELECTRICAL CODE Sec. 11-11. Reserved. Editor's note-Ord. No. 05-2002, § 5, adopted Feb. 28, 2002, repealed § 11-11, in its entirety. Former § 11-11 per- tained to [electrical] code adopted and derived from Ord. No. 10-78, § 2, adopted May 25, 1978; Ord. No. 7-79, § 1, adopted Apri126, 1979; Ord. No. 6-82, § 1, adopted Feb. 25, 1982; Ord. No. 13-85, § 1, adopted Aug. 8, 1985; Ord. No. 19-86, § 1, Nov. 13, 1986; Ord. No. 6-88, § 1, adopted Jan. 28, 1988; Ord. No. 19-91, § 2, adopted May 23, 1991; Ord. No. 14-94, § 2, adopted Aug. 11, 1994; Ord. No. 9-97, § 1, adopted Feb. 13, 1997; Ord. No. 05-2000, § 1, adopted Feb. 10, 2000. Sec. 11-12. Amendments, corrections, addi- tions. The following amendments, corrections and additions to the recommended amendments of the building code advisory board of the county are hereby made and adopted, such amendments, corrections and additions being set forth herein with reference to and prefaced by the section number and title of the amendments, as follows: 80-8.10.4. Schedule of permit fees. Amend to read: See Chapter 6, Article II of the village Code. 80-Y0. Board of adjustment and appeals: The board referred to within this section shall be the village contractors board. 80-12. Violations and penalties. Delete entirely. (Ord. No. 10-78, § 3, 5-25-78; Ord. No. 7-79, § 2, 4-26-79; Ord. No. 6-82, § 2, 2-25-82; Ord. No. 13-85, § 2, 8-8-85; Ord. No. 19-86, § 2, 11-13-86; Ord. No. 6-88, § 2, 1-28-88) xEditor's note-Ordinance No. 10-78, 2, 3, enacted May 25, 1978, adopted provisions designated as 13-1, 13-2 of the 1970 Code; the editor has redesignated the provisions as Art. II, 11-11, 11-12 of this Code. Supp, No. 24 673 [The neat page is 695] f I Chapter 12 FIRE PREVENTION AND PROTECTION Art. I. In General, 12-1-12-15 Art. II. Florida Fire Prevention Code, 12-16-12-28 Art. III. Fire Division, 12-29-12-100 Div 1. Generally, 12-29-12-38 Div. 2. Personnel, 12-39-12-50 Div. 3. Equipment, 12-51-12-62 Div. 4. Reserved, 12-63-12-100 Art. IV. Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances, 12-101-12-107 Editor's note-On Aug. 27, 1968 the village entered into a mutual firefighting aid or protection pact with other municipalities and fire control districts located in Palm Beach County. (See Resolution No. 363-68). Cross references-Pension and other benefits for fire employees, § 2-159 et seq.; enforcement of Ch. 12 by code enforcement officer, § 2-171 et seq.; buildings and building regulations, Ch. 6; electizcity, Ch. 11; housing, Ch. 15. Supp. No. 24 723 i FIRE PREVENTION AND PROTECTION § 12-29 ARTICLE I. IN GENERAL ARTICLE III. FIRE DIVISION DIVISION 1. GENERALLY Secs. 12-1-12-15. Reserved. Sec. 12-29. Created; function. ARTICLE II. FLORIDA FIRE A division to be hereafter known as the Village PREVENTION CODE of North Palm Beach Fire Division, the object of which shall be the prevention and extinguish- Sec. 12-16. Adopted by reference. Under the authority of Florida Statutes, Sec- tion 633.0215 and 633.025, the "Florida Fire Pre- vention Code" adopted by the State Fire Marshal in Rule Chapter 4A-60 of the Florida Administra- tive Code, including NFPA 1 Fire Prevention Code (2000 edition) and NFPA 101 Life Safety Code (2000 edition), both as modified by Rule Chapter 4A-60 of the Florida Administrative Code, is herein adopted by reference as the minimum fire code for the village. There has been for at least ten (10) days last past and shall be during the time that this code is in effect, two (2) copies available for public use, inspection, and examination. (Ord. No. 12-2002, § 1, 5-9-02) Editor's note-Ord. No. 05-2002, § 6, adopted Feb. 28, 2002 and Ord. No. 12-2002, § 2, repealed § 12-16, in its entirety. Ord. No. 12-2002, § 1, adopted May 9, 2002, enacted provisions to read as herein set out. Prior to amendment § 12-16 pertained to [fire prevention code] adopted by refer- ence and derived from Code 1970, § 6-11; Ord. No. 16-75, § 1, adopted Oct. 9, 1975; Ord. No. 13-77, § 1, adopted July 14, 1977; Ord. No. 22-80, § 1 adopted Oct. 9, 1980; Ord. No. 7-83, § 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, 10, 1992; and Ord. No. 11-97, § 1, adopted Feb. 27, 1997. Cross references-Building, gas, mechanical and plumb- ing codes adopted, § 6-17; housing code adopted, § 15-1. Sec. 12-17. Reserved. Editor's note-Ord. No. 05-2002, § 6, and Ord. No. 12-2002, § 2, repealed § 12-17, in its entirety. Prior to amend- ment § 12-17 pertained to amendments and derwed from Code 1970, § 16-12; Ord. No. 16-75, § 2, adopted Oct. 9, 1975; Ord. No. 13-77, § 1, adopted July 14, 1977; Ord. No. 22-80, § 2 adopted Oct. 9, 1980; Ord. No. 7-83, § 2, adoptedAug. 25, 1983; Ord. No. 3-87, § 2, adopted Jan. 22, 1987; Ord. No. 6-90, § 2, Editor snote-On Aug. 27, 1968 the village entered into adopted Mar. 22, 1990; and Ord. No. 13-92, § 2, adopted Sept, a mutual fire-fighting aid or protection pact with other mu- 10, 1992. nicipalities and fire control distizcts located in county (see Resolution No. 363-68). Cross references-Administrative code provisions on de- partment of public safety, § 2-75 et seq.; length of service Secs. 12-18-12-28. Reserved. award plan for volunteer firefighters, § 2-170 et seq. Supp. No. 24 725 �� III I� I OFFENSES AND MISCELLANEOUS PROVISIONS § 19-7 ARTICLE I. IN GENERAL or kept or allowed to be operated on any premises within three hundred (300) feet of any school Sec. 19-1. Definitions. grounds. (Code 1970, § 24-22) For the purposes of this chapter, the following terms, phrases, words and their derivations shall Sec. 19-5. Spitting in public places. have the meanings given herein: Billposting agency means any person posting No person in the village shall expectorate upon advertising matter or distributing advertising mat- any sidewalk, street, floor in public buildings or ter throughout the village. upon any other public place. (Code 1970, § 24-27) Model glue means any glue or cement of the type commonly used in the building of model Sec. 19-6. Hitchhiking. airplanes, boats and automobiles, containing tol- uene, acetone or other solvent or chemical having No person shall hitchhike, "thumb rides" or go the property of releasing toxic vapors. upon the public streets and highways for the Topless costume means any clothing which does Purpose of soliciting free transportation. not cover a major part of the female breasts and (Code 1970, § 24-34) shall include those devices commonly known as "pasties." Sec. 19-7. Handbills; distribution. (Code 1970, § 24-1) Cross reference-Rules of construction and definitions (a) No person shall distribute or give out any generally, § 1-2. handbills, tickets, samples or merchandise or other kind of advertising matter, unless such Sec. 19-2. State misdemeanors adopted. person is a licensed billposting agency; provided, however, that this section shall not be construed No person shall commit within the corporate to prevent persons from distributing advertise- limits of the village any act which is or shall be meats of their own business through the United recognized by the laws of the state as a misde- States mail. meanor, and the commission of such acts is hereby forbidden. (b) No person shall give to another or attempt (Code 1970, § 24-64; Ord. No. 213-70, § 1; Ord. No. to give to another any ticket or sample upon any 11-71, § 1) public street, alley, park or other public way or place within the village, or pass the same from Sec. 19-3. Bathing regulations. private property to any person on any street, alley, park or other public way or place, or place (a) No person afflicted with infectious, conta- such advertising matter in any automobile belong- gious or communicable disease shall bathe in any ing to another within the corporate limits of the public pool or place within the village limits. village, or throw or leave the same in any private yard or upon private property so that the same (b) No person shall beach or bathe in a manner maybe blown or scattered upon private or public contrary to the posted regulations of the village. property. (Code 1970, § 24-16) (c) No person shall distribute, deposit, place, Sec. 19-4. Proximity ofcoin-operated amuse- throw, scatter or cast any printed or written meats to schools restricted. matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper No coin-operated amusement table, marble board booklet or any other printed or otherwise repro- or other similar game and device shall be located duced original or copies of any matter or litera- Supp. No. 24 1227 § 19-7 NORTH PALM BEACH CODE ture upon any premises, if requested by the through twelfth grade, during those days that owner, or someone authorized by the owner, not to county public schools involving kindergarten do so. through twelfth grade are in session. (Code 1970, § 24-35; Ord. No. 228-71, § 1) (Code 1970, § 24-62; Ord. No. 12-81, § 1, 11-12-81; Ord. No. 18-85, § 1, 10-24-85) Sec. 19-8. Impersonating police officer, fire- man or other village official. Sec. 19-10. Barbecue grills and similar cook- ing devices. (a) No person shall hold himself out as, or falsely assume or impersonate himself to be a Barbecue grills and similar cooking devices police officer or fireman of the village or any other with which open flames may be used to heat or village official or employee, or assert falsely that prepare food or from which open flames may occur he has the authority or right to exercise the during the cooking process shall not be used on powers of any such officers or officials. any balconies or porches ofmulti-family buildings except two (2) family dwellings. They shall be (b) No person, other than an official police used only outside of and at a minimum often (10) officer of the village, shall wear or carry the feet distance from the nearest building. uniform, apparel, badge, identification card or (Ord. No. 15-2002, § 1, 4-9-02) any other insignia of office like or similar to, or a colorable imitation of that adopted and worn or Secs. 19-11-19-30. Reserved. carried by the official police officers of the village. (c) No person, while wearing a mask or device ARTICLE II. RESERVED such as described in paragraph (b) of this section, shall demand entrance or admission to or attempt Secs. 19-31-19-46. Reserved. to enter in or come upon or into the premises, enclosure or house of any person in the village. (Code 1970, § 24-37) ARTICLE III. OFFENSES AGAINST Cross reference-Administration generally, Ch. 2. PROPERTY* Sec. 19-9. Smoke, dust, odors, liquids, etc. Sec. 19-47. Obstructing passageways. No owner or occupant of any building, struc- No person shall place or erect upon any public ture or premises in the village shall cause, allow way or passageway to any building an obstruction or permit any smoke, dust, steam, odors, fumes, of any type; provided that this section shall not liquids or other obnoxious matters or things to prevent the duly authorized or required placing of emanate therefrom over and upon any public temporary barriers or warning signs for the pur- street or sidewalk in the village, unless the same pose of safeguarding the public; and providing, shall be so deflected or bona fide attempts made further, that, Swale markers maybe placed at the to deflect same away from persons using such edge of swale areas to protect the edges of lawns streets or sidewalks so as not to annoy, vex, irk or from being driven on bypassing vehicles, with the bother persons in the use thereof; provided, how- Swale markers to be round button cement mark- ever, that water from sprinkler systems may ers with anchor rods attached, not to exceed emanate from private property over and upon twelve (12) inches in diameter and four (4) inches sidewalks in the village, except from one and in height. one-half (11/2) hours before the opening, to one- (Code 1970, § 24-59; Ord. No. 218-70, § 3) half hour after the opening, of public schools in the county for kindergarten through twelfth grade, Secs. 19-48-19-63. Reserved. ~ and from one-half hour before the closing, to one and one-half (11/2) hours after the closing, ofCross reference-Persons walking dogs responsible for public schools in the county for kindergarten removal of waste, § 4-31 et seq. I Supp. No. 24 1228 I OFFENSES AND MISCELLANEOUS PROVISIONS § 19-64 ARTICLE N OFFENSES AGAINST PUBLIC MORALS Sec. 19-64. Topless costumes. (a) No female person over the age of twelve (12) years shall appear in any public place or private place where the public is invited where alcoholic beverages are sold or any place open to the public view in a topless costume. (b) No person shall knowingly employ or per- mit afemale person who is wearing a topless costume within the confines of any premises which he controls and to which the public is invited where alcoholic beverages are sold or is open to public view. (Code 1970, § 24-67) Supp. No. 24 1228.1 r Chapter 25 SWIMIVIING POOLS* Art. I. In General, 25-1-25-22 Art. II. Reserved, 25-23-25-35 Art. III. Reserved, 25-36 25-38 *Cross references-Enforcement of Gh. 25 by code enforcement inspector, § 2-171 et seq.; buildings and building regulations, Ch. 6; plumbing, Ch. 22. Supp. No. 24 1573 r SWIMMING POOLS § 25-35 ARTICLE I. IN GENERAL* Sec. 25-5. Barrier/fencing requirements. Sec. 25-1. Definitions. (a) A barrier, fence or screen enclosure shall surround a swimming pool as specified in the As used in this chapter, the following words Residential Swimming Pool Enclosure section of and phrases shall have the meaning indicated: the Florida Building Code. Private therapeutic spa pool means any recep- (b) The building official is required to conduct tacle for water having a depth at any point an inspection of all swimming pools not less than greater than two (2) feet, used or intended to be one time per year to determine compliance with used for bathing, and constructed, installed or this section and to enforce the provisions of this maintained in or above ground as an accessory section. structure. Aspa/pool shall have a surface area of (Ord. No. 22-2002, § 1, 7-11-02) less than sixty (60) square feet. Private swimming pool. As defined in the Flor- Sec. 25-6. Elevation. ida Building Code. (a) The top of the rim of all swimming pools (Ord. No. 22-2002, § 1, 7-11-02) shall not be in excess of two (2) feet above the average grade of the land surrounding the pool. Sec. 25-2. Setbacks. (b) The top of the rim of any spa pool shall not All village zoning setback requirements shall be in excess of two (2) feet above the average be complied with in the plot location of any pool grade of the land surrounding the pool or a but in no event shall the setback of the outside permanent platform constructed completely around rim of a private pool be less than seven and one the rim of the spa pool. The maximum height of a half (7 1/2) feet from the back property line and spa pool above the grade of the land surrounding not less than five (5) feet from the side property the pool shall be four (4) feet. line, including a two and one half (2 1/2) foot walk (Ord. No. 22-2002, § 1, 7-11-02) around the pool. (Ord. No. 22-2002, § 1, 7-11-02) Sec. 25-7. Final approval. Sec. 25-3. Permits. A final approval by the building official shall be issued prior to any use made of a swimming pool. Applications for swimming pool permits shall (Ord. No. 22-2002, § 1, 7-11-02) be accompanied by payment of a fee in accordance with village ordinances, and by plans and speci- Secs. 25-8-25-22. Reserved. fications prepared by a competent engineer regis- tered in the State of Florida. (Ord. No. 22-2002, § 1, 7-11-02) ARTICLE II. RESERVEDI' Sec. 25-4. Construction. Secs. 25-23-25-35. Reserved. Private and public pools shall be constructed of reinforced concrete, concrete block reinforced and poured after laying up, or of reinforced gunite construction. (Ord. No. 22-2002, § 1, 7-11-02) *Editor's note-Ord. No. 05-2002, § 7, adopted Feb. 28, 2002, repealed ch. 25, art. 1, 25-1-25-11, in its entirety. Ord. No. 22-2002, § 1, added 25-1-25-7 to read as herein ~'Edltor'S note-Ord. No. 05-2002, § 7, adopted Feb. 28, set out. Prior to amendment 25-1-25-11, pertained to 2002, repealed ch. 25, art. II, § § 25-23 and 25-24, in their similar subject matter and derived from Code 1970, 37-i, entirety. Former art. II, pertained to Construction Permits 37-2, § 37-19-37-25, 37-27; Ord. No. 16-73, § 1; and Ord. No. and derived from Code 1970, § 37-11, 37-12; and Ord. No. 16-79, 1-6, adopted July 12-1979. 16-79, § 7, adopted July 12, 1979. Supp. No. 24 1575 § 25-36 NORTH PALM BEACH CODE ARTICLE III. RESERVED* Secs. 25-36-25-38. Reserved. I ~ *Editor's note-Ord. No. 05-2002, § 7, adopted Feb. 28 2002, repealed ch. 25, art. III, § § 25-36 and 25-38, in their entirety. Former art. III, pertained to Public and Private Pools and derived from Code 1970, 37-28-37-30; and Ord. No. 16-79, § 8, adopted July 12, 1979. Supp. No. 24 1576 [The next page is 1627] TREES AND SHRUBBERY § 27-18 ARTICLE I. IN GENERAL Secs. 27-1-27-15. Reserved. White Geiger/Texas Wax Myrtle Olive Myrica cerifera Cordia boissieri ARTICLE II. TREES IN SWALE AREAS Orange Geiger Frangipani Cordia sebestena Plumer~a rubra Sec. 27-16. Definition. Medium Trees As used in this article, the term "swale areas" Common/Botanical Name shall mean those areas lying between the street Pitch Apple Black Ironwood Clusia roses Krugiodendron fer- and the sidewalk which are the property of the ream village as part of its road and drainage right-of- Pigeon Plum Sabicu way. Coccoloba Lysiloma latisiliqua (Code 1970, § 41-11; Ord. No. 207-70, § 1) diversifolia Cross reference-Rules of construction and definitions Seagrape Madagascar olive generally, § 1-2. Coccoloba uvifera Noronhia emarginata Sec. 27-17. Planting and removal; written Dahoon Holly Allspice approval required. Ilex cassine Pimenta dioica Soap Berry No trees shall be planted in the Swale areas Sapinous Marinatus except by the village or by property owners who have obtained written approval of the public Large Trees services director to plant any tree. Common/Botanical Name (Code 1970, § 41-12; Ord. No. 207-70, § 2; Ord. No. Red Maple 2-81, § 1, 1-22-81; Ord. No. 08-2002, § 1, 3-28-02) Acer rubrum Gumbo Limbo Bursera simaruba Sec. 27-18. Variety and location. Calophyllum/Beauty Live Oak The following regulations shall govern the va- Leaf Quercus virginiana Calophyllum spp. riety and location of trees planted in Swale areas: Satinleaf Paradise Tree (1) Only those trees set forth below may be Chrysophylium Simarouba glauca planted in any Swale area: oliviforme Green Buttonwood Bald Cypress Conocarpus erectus Taxodium distichum Japanese fern tree Southern Magnolia Small Trees Filicium decipiens Magnolia CommonBotanical Name Grandiflora Sweet Acacia Stoppers Loblolly Bay Red Cedar Acacia farnesiana Eugenia spp. Gordoma Iasianthus Juniperus Silicicola Dwarf Poinciana Lignum Vitae Blolly Caesalpina spp. guaiacum sanctum Guapira discolor Weeping Hibiscus "Stan- Queen's Crepe myr- Bottlebrush Bards" tle Callistemon Hibiscus spp. Lagerstroemia viminalis speciosa Glaucus Cassia Tree Jatropha Wild Tamarind Cassia surattensis Jatropha spp. Lysiloma Silver Buttonwood Crepe Myrtle bahamensis Conocarpus erectus Lagerstroemia Sweetbay Magnolia var. 'sericeus' indica Magnolia virginiana Sapp. No. 24 1683 § 27-18 NORTH PALM BEACH CODE l are specifically prohibited. Coconut trees, fruit trees and shrubs are specifically Mastic Tree prohibited. Masticodendron foetisdissimum (2) Swale trees shall be planted so as not to Yellow Poinciana impede the flow and storage of storm Peltophorum pterocarpum water. Swale trees shall be planted and Redbay maintained to provide safe sight dis- Persea borbonia tances in accordance with section 27-66. Slash Pine Incidental plantings of flowers may be Pinus elliotii var. planted and maintained without permit "densa" subject to the same criteria described Jamaican Dogwood herein. Piscidia piscipula Laurel Oak Quercus Iaurifolia (3) Swale trees shall be planted in accor- dancewith Florida Power and Light Com- Small Palms pany guidelines so as to avoid interfer- Common/Botanical Name ence with overhead utility lines. Silver Palm Needle Palm (Code 1970, § 41-13; Ord. No. 207-70, § 3; Ord. No. Coccothrinax Rhapidophylium 6-71, § 1; Ord. No. 2-81, § 2, 1-22-81; Ord. No. argentata hystl'1X 08-2002, § 2, 3-28-02) Bottle Palm Thatch Palm Hyophorbe Thrinax spp. Iagencaulis Sec. 27-19. Scope. Spindle Palm Christmas Palm Hyophorbe Veitchii merrillii The terms of this article shall apply to all verschaffeltii plantings in swale areas. Majesty Palm (Code 1970, § 41-14; Ord. No. 207-70, § 4) Ravenea glauca Large Palms Sec. 27-20. Maintenance. Common/Botanical Name Paurotis/Everglades Chineses Fan Palm Swale areas shall be maintained by the adja- Palm Livistonia chinensis cent property owner or tenant. Acoelorrhaphe (Ord. No. 08-2002, § 3, 27-20) wrightii Alexandra Palm Triangle Palm Archontophoenix Neodypsis decaryi alexandrae Secs. 27-21-27-30. Reserved. Bismark Palm Royal Palm Bismarkia nobilis Roystonea regia Hurricane Palm Cabbage/sabal palm ARTICLE III. LANDSCAPING Dictyosperma al- Sabal palmetto bum Blue Lantania DIVISION 1. GENERALLY Catania Ioddigesii Alternative trees of the same character as Sec. 27-31. Definitions. those listed above maybe considered sub- ject to approval by the public services In construing the provisions of this article and director. each and every word, term, phrase or part thereof, Exotic, Pest and Invasive plants as listed *Cross references-Appearance plan, App. A• subdivi- by the Florida Exotic Pest Plant Council lions, App. B; zonng, App. C. ~ / Supp. No. 24 1684 TREES AND SHRUBBERY § 27-36 where the context will permit, the definitions istics and qualities of the village justify regula- provided in F.S. section 1.01, and the following tions to perpetuate its aesthetic appeal on a definitions shall apply: village-wide basis. (Code 1970, § 41-16; Ord. No. 14-71, § 1; Ord. No. Encroachment means any protrusion of a vehi- 2-81, § 3, 1-22-81) cle outside of a parking space, display area or accessway into a landscaped area. Sec. 27-33. Application of ordinance; en- forcement. Landscaping means any of the following or This article shall be a minimum standard and combination thereof: material, such as, but not shall apply to all areas in the village limits. limited to, grass, ground covers, shrubs, vines, (Code 1970, § 41-17; Ord. No. 14-71, § 1) hedges, trees or palms; and nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or Sec. 27-34. Scope; applicability of article. fences, but excluding paving. (a) The provisions of this article shall apply only to new off-street parking uses or other vehic- Shrubs, as required by this article, shall be ular uses. self-supporting, woody, evergreen species, as nor- (b) The provisions of this article shall be sub- mally grown in this area or this county. ject to other applicable regulations where such Trees means self-supporting woody plants of regulations are more restrictive and are not oth- species which normally grow to an overall height erwise inconsistent with the provisions of this of minimum of fifteen (15) feet in this area or this article. county. Requirements in this article to include (c) The provisions of this article shall not apply one tree for a certain number of lineal feet as part to properties upon which single-family or two- of the landscaping are set forth to determine the family dwellings are or are to be erected. number of trees required in a given area, the (Code 1970, § 41-21(1), (2), (5); Ord. No. 14-71, § 1) location of which trees may be anywhere within the strip of land and need not be placed at equal Sec. 27-35. Certificate of completion. intervals throughout such strip of land. The building official shall have the authority to Dines are plants which normally require sup- issue a certificate of completion to the owner or to port to reach mature form. the contractor or subcontractor which shall indi- (Code 1970, § 41-18; Ord. No. 14-71, § 1; Ord. No. Cate the portions of the construction and develop- 2-75, § 1, 4-10-75) went which have been completed according to Cross reference-Rules of construction and definitions plan and building code requirements. A certificate generally, § 1-2. of completion shall not authoi7ze occupancy or partial occupancy of the building or premises. Sec. 27-32. Objective. (Code 1970, § 41-21(3); Ord. No. 2-81, § 1, 1-22-81) Sec. 27-36. Accessways. The objective of this article is to improve the appearance of certain setback and yard areas and The maximum width of a residential accessway including off-street vehicular parking and open through the perimeter landscaped strip to an lot sales and service areas in the village, and to off-street parking or other vehicular use area protect and preserve the appearance, character shall be twenty (20) feet for two-way vehicular and value of the sw.•rounding neighborhoods and movement and ten (10) feet for one-way vehicular thereby promote the general welfare by providing movement. For commercial uses, the maximum for installation and maintenance of landscaping width for accessways shall be two (2) times that for screening and aesthetic qualities, since the for residential uses. No more than one (1) two- village council finds that the peculiar character- way accessway shall be permitted for any street Supp. No. 24 1684.1 ~I § 27-36 NORTH PALM BEACH CODE I frontage up to one hundred (100) lineal feet or no more than two (2) one-way accessways shall be permitted for any street frontage up to one hun- dred (100) lineal feet, such standards to be appli- cable to any property under one (1) ownership. Where such ownership involves over one hundred (100) feet of street frontage, one (1) additional two-way or two (2) additional one-way drives may be permitted for each additional one hundred (100) feet of frontage or major fraction thereof. The balance of such street frontage not involved with accessways shall be landscaped in accor- dance with the provisions of this article. (Code 1970, § 41-21(4); Ord. No. 2-81, § 4,1-22-81) Sec. 27-37. Plot use plan approval prerequi- site to issuance of permits for building and paving; completed landscaping required for certifi- cate of use and occupancy. Except for single-family and two-family dwell- ings, prior to the issuance of any permit for paving which is included under the provisions of this article, a plot use plan shall be submitted to and approved by the building official, subject to review and approval of such other agencies as maybe deemed advisable by the building official. The plot plan shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, drive- ways, i t Supp. No. 24 1684.2 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 App. B, Art. II, 1.01 et seq. 1-2 § 36-8 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-15 oh. 39 App. C, § 45-2 App. B, Art. IV, Ch. 50 2-181 § 36-27 50.041 2-181 ch. 185 2-167 50.051 2-181 185.08 26-16 55.03 29-5(a) 202.195 29-8(m) ch. 98 Ch. 10 203.012 26-51, 29-3 ch. 101 10-7 29-5(b) 112.181 2-161(e)(8) 203.012(5)(b) 26-51 161.55(1)(d) 6-156 ch. 205 Ch. 17, Art. II 161.041 6-153 205.043(2), 161.053 6-154 205.043(3) 17-24, 17-25 162.12(2) 2-180 205.053 17-20 ch. 163 12.5-1 205.192 17-22 21-1 210.03 17-33 21-11 ch. 212 26-53 21-43, 21-44 ch. 252 Ch. 8 App. B, Art. I, 8-4(a)(2) § 36-2, App. B, Art. 252.38 et seq. 8-6 I, § 36-4 253.125 7-19 App. B, Art. II, 280.02 2-4(f) § 36-16 316.008 Ch. 18 App. B, Art. VI 316.272 19-117 163.01 2-4(f) 316.293 19-117 163.161 et seq. 21-O1 316.1955,316.1956 18-37 ch. 163.170, App. B, Art. II, 320.01(1) 14-37 §163.3164(17) § 36-10 ch. 327 Ch. 5 163225(3)(x)--(c) 5-86 335.065 App. B, Art. N, 163.295 6-150 § 36-29.1 163.3161 et seq. Ch. 21, Art. II 337.29 29-2 163.3177 21-44 337.401 29-2, 29-3 163.3178 6-155 29-5(a), (e) 21-44 29-6(a) ch. 166 6-16 337.401(3) 28-3 Ch. 24 337.403, 337.404 29-7 Ord. No. 2478 § 3 342.03 Ch. 5 166.021 Ch. 17, Art. II 362.01 29-2 166.221 17-34 364.02 29-3 166.231 Ch. 26, Ai~t. III ch. 373 19-200 ch. 170 21-2 ch. 380 21-44 170.01 Ch. 24 App. B, Art. II, ch. 175 2-167 § 36-10 175.101 26-17 380.04 21-103 ch. 177 App. B, Art. I, 393 App. C, § 45-2 § 36-2 ch. 394 App. C, § 45-2 Supp. No. 24 2819 NORTH PALM BEACH CODE Section Section this Code ch. 400 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 17-33 App. C, § 45-2 471.003 29-8(c)(1) ch. 472 App. B, Art. I, § 36-6 ch. 480 App. C, § 45-2 ch. 553 6-16 553.73 6-154 II 11-11 553.73(2) 6-2 561.01 3-1 561.01 et seq. Ch. 3 563.01 3-1 564.01 3-1 565.01 3-1 628.901 29-12(d) 633.35 2-159 633.025 12-16 633.0215 12-16 ch. 650 Ch. 2, Art. V, Div. 2 2-136 650.02 2-136 658.12 2-4(q) ch. 760 App. C, § 45-2 768.28 29-12(d) 775.082, 775.083 2-169(f) ch. 847 App. C, § 45-20 870.041 8-21 870.44 8-22 870.45 8-22 872.05 2-104 943.14 2-159 943.25(13) 1-9 Supp. No. 24 2820 LThe next page is 2869] I CODE COMPARATIVE TABLE Adoption Section Ord. No. Date Section this Code 33-99 10-28-99 1 18-35(8) 04-2000 2-10-00 1, 2 2-172, 2-175 3 2-176(d) 4, 5 2-178, 2-181 05-2000 2-10-00 1 11-11 06-2000 2-24-00 1 Added 3-4 10-2000 4-13-00 1 5-82 2 5-85(12) 12-2000 4-27-00 1 6-113(B)(28) 13-2000 5-11-00 1 Added 2-158.1 15-2000 5-25-00 1 App. C, 45-32.1F. 20-2000 8-10-00 1, 2 2-161(e)(4), (8) 3 2-162(1) 4 2-169(f7 22-2000 8-24-00 1 6-115(C)(1)b. 24-2000 9-28-00 1 26-29 25-2000 9-28-00 1 26-51 26-2000 9-28-00 1 28-3(6) 27-2000 9-28-00 1 17-33 29-2000 9-28-00 1 14-30(2) 30-2000 10-12-00 1 App. D 32-2000 10-12-00 1 6-114(e)(3) 34-2000 11- 9-00 1, 2 19-99, 19-113 3-5 19-116-19-118 35-2000 11- 9-00 1 1-8(a) 36-2000 12-14-00 1 19-210(d) 01-2001 2- 8-Ol 1-16 28-3(6) Added 29-1-29-16 03-2001 2- 8-Ol 1 45-32A.7.a. 2 45-32G. 04-2001 2- 8-Ol 1 5-81 05-2001 3- 8-01 1 45-2 06-2001 3-22-01 1 7-19 2 21-1(c) 3 21-2(c) 4 36-10(c) 5 36-12(2) 6 36-38.1(6) 7 45-49(1) 8 45-50(1) 08-2001 4-12-O1 1 2-161(g) 2 2-166(1)c.2. 09-2001 4-12-O1 1 5-84(6) 11-2001 4-26-O1 1 2-178(d) 2 2-179 12-2001 5-10-O1 1 9-17(a) 13-2001 5-10-O1 1 19-211 15-2001 6-28-01 1, 2 2-4 16-2001 6-28-O1 1 Ch. 8 (title) 2, 3 Rpld 8-16 Added 8-1--8-6, 8-21, 8-22 18-2001 6-28-01 1 2-1(c) 2 9-18 3 16-24 4 20-63 Supp. No. 24 2887 NORTH PALM BEACH CODE Adoption Section Ord. No. Date Section this Code 5 21-11(c) 22-2001 8- 9-01 1 2-136 23-2001 8- 9-Ol 1 2-2(a) 24-2001 8- 9-Ol 1, 2 2-85(3) 25-2001 8-23-O1 1 6-112(F) 26-2001 8-23-O1 1 45-2 i 27-2001 9-13-O1 2 15-1 3 15-2 30-2001 10-11-01 1 Rpld 2-51 2 2-40(b) 3 2-42 4 2-59 31-2001 10-25-O1 1 6-110 2 6-115(B)(5) 02-2002 2-14-02 1 App. C, 45-20(4) 03-2002 2-14-02 1 App. C, 45-36N.(1) 2 App. C, 45-36L. 05-2002 2-28-02 1 6-16 2 6-17 3 Rpld 6-2 4 Rpld 6-3 5 Rpld 11-11 6 Rpld 12-16, 12-17 7 Rpld 25-1-25-11 25-23, 25-24 25-36-25-38 06-2002 2-28-02 1 Added 2-1(d) 2 2-154 3 2-164(d) 08-2002 3-28-02 1 27-17 2 27-18 3 Added 27-20 10-2002 4-25-02 1 6-114(D) 12-2002 5- 9-02 1 Added 12-16 2 Rpld 12-17 13-2002 5- 9-02 1 6-17(Hist. note) 14-2002 5- 9-02 1 Added 5-25 15-2002 4- 9-02 1 Added 19-10 20-2002 6-13-02 1 9-19 22-2002 7-11-02 1 Added 25-1-25-7 23-2002 7-11-02 1 2-173 Supp. No. 24 288$ [The neat page is 2933] CODE INDEX Section Section BOATS, DOCKS AND WATERWAYS (ConfdJ BOATS, DOCKS AND WATERWAYS (ConfdJ Unlawfully anchored or moored vessels Definitions 5-93 Claiming of vessel by owner; payment Permitted, when 5-94 of costs 5-22 Piers. See within this subheading: Docks Department of public safety to im- and Piers pound 5-18 Seawalls. See within this subheading: Owner to be notified upon impound- Bulkheads and Seawalls went 5-19 Definitions 5-1 Procedure in event owner cannot be Disturbing other boats 5-6 found 5-20 Exhibition boats exempted fiom certain Reclamation of owner after sale..... 5-23 restrictions 5-4 Unclaimed vessel to be sold; certifica- Flood damage prevention provisions...... 12.5-1 et seq. tion of sale 5-21 See: FLOOD DAMAGE PREVENTION Use of vessel for dwelling purposes in Fueling of marine craft 5-25 prohibited area 5-24 Health and sanitation requirements Authority of city to board boats violating Cleanliness of docks 5-11 provisions 5-16 Observance of village health and con- Boatlaunching area duct rules 5-10 Abandoned boats and equipment Pollution of waterways 5-13 Disposition 5-36 Refuse disposal....................... 5-12 Recovery 5-37 Living aboard boats restricted 5-15 Designated; use restricted 5-33 Marine sanctuaries Permits required 5-35 Designation of waters as marine sanctu- Repairs prohibited 5-34 aries Bulkhead lines 7-1 et seq. Area to be regulated 5-101(c) See: BULKHEAD LINES Coastal construction code 6-151 et seq. Areas designated 5-101(b) See: COASTAL CONSTRUCTION CODE Construction of provision 5-101(d) Code enforcement board, applicability re.. 2-173 Definition 5-101(a) Construction requirements Mooring, docking, or beaching of boats on Bulkheads and seawalls public or private property without Compliance with provisions required 5-69 permission 5-9 Inspection required 5-73 Parking Permit fee 5-72 Boating equipment; parking on residen- Specifications 5-71 teal property restricted........... 18-35 Submission of plans and specifica- Prohibited parking for vehicle, trailer or tions 5-70 boat upon paved or unpaved area Canals of the road right-of--way of specific Canal crossings 5-60 roadways....................... 18-34.1 Compliance with provisions required 5-56 Running engines, hours in residential dis- Drainage canals 5-59 tricts.............................. 5-14 General requirements 5-57 Searchlights, use of..................... 5-7 Navigation canals 5-58 Speed limits; wakes..................... 5-2 Surety bond prerequisite to issuance Subdivision provisions re waterways 36-22 et seq. of building permit in certain See: SUBDIVISIONS (Appendix B) cases 5-61 Swimming in restricted waters 5-3 Docks and piers Water skein 5-5 g Construction in waters other than Lake Worth and Atlantic Ocean, BOISTEROUS CONDUCT regulations governing......... 5-84 Noisy and boisterous 19-106 Definitions 5-81 Generally 5-82 BONDS Lake Worth and Atlantic Ocean, reg- Administrative code; bonds required of cer- ulations governing construction taro officers 2-42 in 5-85 Canal construction; surety bond prerequi- Minimum design requirements...... 5-83 site to issuance of building permit... 5-61 Variances 5-86 Finance director, duties re............... 2-59(7) Erosion control structures Village manager 2-117 Construction 5-95 Control 5-96 BRUSH. See: WEEDS AND BRUSH Supp. No. 24 2937 it NORTH PALM BEACH CODE Section Section BUILDINGS BUILDINGS (Cont'dJ Appearance code Stormwater management; level of finished Appeals and review 6-35 floor of structures.................. 21-63 Appearance plan 6-33 Subdivision regulations 36-1 et seq. Certificate of appropriateness See: SUBDIVISIONS (Appendix B) Final hearings 6-57 Swimming pools........................ 25-1 et seq. Follow-up by building inspector 6-60 See: SWIMMING POOLS Planning commission Zoning regulations 45-1 et seq. Action of 6-58 See: ZONING (Appendix C) Approval by 6-59 Preliminary consideration 6-56 BULKHEAD LINES Definition 6-31 Code enforcement board, applicability re.. 2-173 Intent and purposes 6-32 Established; designated 7-1 Planning commission, powers and du- Filling operation beyond bulkhead line pro- bes re 6-36 hibited............................ 7-2 Short title 6-30 Filling permit Appearance plan (Appendix A). See that Application fees 7-19 subject Application; issuance 7-18 Coastal construction code 6-151 et seq. Expiration date; renewal; revocation... 7-20 See: COASTAL CONSTRUCTION CODE Public hearing prerequisite to consider- Code enforcement board, applicability re.. 2-173 anon 7-17 Codes Required 7-16 Appearance code. See herein that sub- Unlawful fill; removal 7-3 ject BULKHEADS Building code 6-17 Bulkheads and seawalls, construction re- Coastal construction code 6-151 et seq. quirements re 5-69 et seq. Electrical code 11-11, 11-12 See: BOATS, DOCKS AND WATER- Energy efficiency building code........ 6-150 WAYS Fire prevention code 12-16 et seq. See: FIRE PREVENTION AND PRO- BUSINESS REGULATIONS TECTION Ambulances 17-50, 17-51 Housing code 15-1, 15-2 Businesses located outside village limits Country club 9-1 et seq. Application for certificate of regulation. 17-34.2 See: COUNTRY CLUB Certificate of business regulation re- Electilcal code 11-11, 11-12 quired; basis of one year 17-34 Energy efficiency building code Commercial vehicles, marking of 17-34.13 Adopted by reference 6-150 Compliance by principal deemed compli- Flood damage prevention 12.5-1 et seq. ante by agent................... 17-34.8 See: FLOOD DAMAGE PREVENTION Delinquency penalty 17-34.4 Housing code 15-1, 15-2 Doing business not covered by certifi- Landscaping 27-31 et seq. cate of regulation................ 17.34-7 See: LANDSCAPING Duplicate certificates of regulation..... 17-34.6 Minimum construction standards Duration 17-34.3 False statements Authority 6-16 Codes adopted 6-17 Certificate obtained void ab initio... 17-34.7 Violations and enal 6-19 Engaging in business without ceitifi- p ty Missiles, tlu owing 19-83 cate of regulation or under cer- Noise from building 19-102 tificate issued on.............. 17-34.11 Obstructin assa ewa 19-47 Fee exemptions 17-34.10 g p g y......... Fee schedule 17-34.12 Outdoor displays. See hereins Signs and Outdoor Displays Half-year certificate 17-34.3 Park and recreation facilities; erecting build- Issuance of certificate 17-34.3 Noncompliance of principal............ 17-34.8 ings or structures 20-3 Nonprofit enteiTrise, special permit for 17-34.5 Public land, construction on prohibited 6-1 Public services department; division of per- mits and inspections 2-85(1) Signs and outdoors displays 6-110 et seq. See: SIGNS AND BILLBOARDS Smoke, dust, odors, liquids, etc........... 19-9 Spitting in public places prohibited....... 19-5 Supp. No. 24 2938 CODE INDEX Section Section DISABLEDAND HANDICAPPED PERSONS ELECTIONS (Cont'd.) Applicability of dog prohibitions to guide General elections, notice of 10-3 and service dogs 4-27(d) Inspectors and clerk Parking violations re handicap spaces 18-37 Appointment 10-58 DISTRICTS Compensation 10-61 Zonin re lotions........... Filling vacancy 10-60 g gu 45-16 et seq. Good order, duty to maintain and report See: ZONING (Appendix C) violations 10-62 DISTURBANCES. See: CPJIL DISORDERS Instruction prior to election 10-64 AND DISTURBANCES Oath required 10-59 Organization 10-63 DOCKS. See: BOATS, DOCKS AND WATER- Polling place WAYS Designated 10-76 DOCUMENTS AND PUBLIC RECORDS Policeman to be present 10-77 Department of records Protest of election returns; inspection by Deputy village clerk canvassing board 10-12 Appointment Special elections 2-68 Duties 2-69 Notice of............................. 10-4 When held 10 2 Pillage clerk; duties State laws Election records, keeping 2-67(5) Applicable state laws adopted 10-1 Expiration of term, notice of 2-67(7) Voting machines may be used; state law Official seal, keeping 2-67(8) applicable....................... 10-7 Record ordinances 2-67(3) Pillage council Village clerk, duties re keeping election records 2-67(5) Keep records of council 2-67(2) Village council to constitute canvassing Public council action 2-67(4) board 10-11 Serve as clerk of council 2-67(1) Voting machines may be used; state law Vital statistics, keeping 2-67(6) applicable 10-7 Police division, duties re records 2-76(b)(1) Village clerk and deputy village clerk. See ELECTRICAL CODE herein: Department of Records Amendments, corrections, additions 11-12 DOGS Code enforcement board, applicability re.. 2-173 Regulations enumerated 4-24 et seq. ELECTRONIC AUDIO EQUIPMENT See: ANIMALS AND FOWL Noise control 19-104 DRAINAGE EMERGENCIES Stormwater management 21-61 et seq. Ambulances 17-50, 17-51 See: STORMWATER MANAGEMENT Emergency management 8-1 et seq. Subdivision design standards re easements See: EMERGENCY MANAGEMENT and rights-of--way 36-22(b) Emergency medical services Zoning; surface water management Fees C-3 Regional Business Distinct 45-34.1(8) Billing and collection 11.5-23 DROUGHT Establishment 11.5-22 Generally 11.5-21 Water shortage emergencies 19-200 et seq. Fire division............. 12-29 et seq. See: WATER SHORTAGE EMERGEN- See: FIRE PREVENTION AND PRO- CIES TECTION Water shortage emergencies 19-200 et seq. E See: WATER SHORTAGE EMERGEN- ELECTIONS CIES Ballots EMERGENCY MANAGEMENT Direction for preparation 10-8 Applicability............................ 8-2 Public measm•e 10-10 Civil disorders and disturbances Specifications; general and runoff elec- Declaration of a state of emergency.... 8-22 bons . 10-9 Mayor designated local authority for pres- Candidacy eivation of public peace.......... 8-21 Candidates for office; qualifying 10-5 Declaration of a state of emergency 8-5 Preservation of notice of candidacy 10-6 Definitions 8-1 Clerks. See herein: Inspectors and Clerk Emergency management structure 8-3 Supp. No. 24 2941 NORTH PALM BEACH CODE Section Section EMERGENCY MANAGEMENT (Cont'd.) FINANCES (Cont'd.) Powers, duties and responsibilities 8-4 Investment policy of the village 2-4 Termination of a state of emergency...... 8-6 Pensions and retirement. See also that subject EMPLOYEES. See: OFFICERS AND EM- Length of service award plan for volun- PLOYEES teen firefighters 2-170 et seq. ENCLOSURES. See: FENCES, WALLS, Pension and certain other benefits for HEDGES AND ENCLOSURES fire and police employees 2-159 et seq. Pension and certain other benefits for ENERGY EFFICIENCY BUILDING CODE general employees 2-146 et seq. Adopted by reference 6-150 Planning and development; filing fees and ENGINE EXHAUST cost for changes 21-1, 21-2 Social security 2-136 et seq. Noise control policy 19-108 See: SOCIAL SECURITY EROSION CONTROL STRUCTURES Taxation. See that subject i Construction regulations 5-93 et seq. Village manager 2-118 See: BOATS, DOCKS AND WATER- FINES, FORFEITURES AND OTHER PEN- WAYS ALTIES EXCAVATIONS Code enforcement board; fines and liens 2-178 Bulkhead lines 7-1 et seq. Code of ordinances, provisions re general See: BULKHEAD LINES penalty and continuing violations 1-8 Stormwater management 21-61 et seq. Parking violation 18-37, 18-38 See: STORMWATER MANAGEMENT Pension and certain other benefits for fire Street excavations 24-16 et seq. and police employees See: STREETS, SIDEWALKS AND PUB- Board of trustees for; forfeiture of mem- LIC PLACES bership on board for absenteeism . 2-164(b) Contributions; forfeitures 2-163(d) EXCRETA Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION Barbecue grills and similar cooking devices 19-10 Code enforcement board, applicability re.. 2-173 F Department of public safety, provisions re FENCES, WALLS, HEDGES AND ENCLO- fne division 2-76(c) SURES See: PUBLIC SAFETY DEPARTMENT Landscaping 27-31 et seq. Fire division See: LANDSCAPING Composition 12-30 Swimming pool requirements 25-5 Created; functions 12-29 Emergency medical technician volun- FINANCES teens 12-32 Budget procedures 2-2 Equipment Country club, provisions re 9-21(d), 9-32 Acquisition 12-52 Court cost Fire alarm system 12-53 Assessment of additional court costs for Generally 12-51 cizminal justice education expendi- Housing 12-54 tunes 1-9 Private use of equipment........... 12-55 Department of finance Tampering with equipment 12-56 Finance director; duties Impersonating fireman 19-8 Accounts of receipts and expendi- Motor equipment and members' cars des- tures 2-59(8) ignated emergency vehicles 12-31 Budget duties 2-59(2) Personnel Cancellation of evidences of old debt 2-59(9) Badges 12-41 Collect moneys and fees due village . 2-59(12) Car insignia 12-42 Examine books 2-59(6) Other officers accountable to chief... 12-39 Financial statements 2-59(3) Police assistance................... 12-43 Fiscal supervision over officers...... 2-59(5) Special police powers 12-40 Keep accounts 2-59(4) Volunteer firefighters, length of service Pay village employees 2-59(11) award plan for 2-170 et seq. Prescribe form 2-59(1) See: PENSIONSAND RETIREMENT Receive and disburse moneys 2-59(10) Florida. fire prevention code Responsibility for proceeds of bonds . 2-59(7) Adopted by reference 12-16 Supp. No. 24 2942 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION FLORIDA, STATE OF. See: STATE (Cont'd.) 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 FOOD AND FOOD PREPARATION Cost reimbursement to village......... 12-103 Barbecue grills and similar cooking devices 19-10 Definitions 12-101 Exceptions for fire suppression services 12-105 FORFEITURES. See: FINES, FORFEITURES Late fee fm• failure to reimbursement 12-106 AND OTHER PENALTIES Records 12-104 Remedies 12-107 FOWL. See: ANIMALS AND FOWL Pension and certain other benefits for fire FRANCHISES and police employees 2-159 et seq. See: PENSIONS AND RETIREMENT 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................... 19-186 G Possession 19-183 Sales restricted GAMBLING Record of sales required 19-185(c) Animals, causing to fight 4-8 Specified weapons, display and sale of . 19-185(6) GARAGE AND OTHER SALES Switchblade knives prohibited......... 19-185(a) Garage sales 17-61 Stench bombs prohibited 19-82 permit required 17-62 See: STENCH BOMBS Violations and penalties 17-63 FLOOD DAMAGE PREVENTION GARBAGE AND TRASH Abrogation and greater restrictions 12.5-8 Abandoned, inoperative and junked prop- Areas of special flood hazard e1.tY Basis for establishment... _ 12.5-7 Definitions 14-37 Warnings regarding designations 12.5-10 Dis osition of ro ert 14-48 P P P Y Building official Hearing Designated as flood damage control ad- Procedure for hearin 14-45 g ministrator 12.5-21 Request for hearing................ 14-44 Duties and responsibilities 12.5-23 Impounded property, redemption of 14-51 Definitions 12.5-5 Liability of owner or occupant 14-52 Development permit Notices Required 12.5-22 Content of notice 14-42 Findings of fact 12.5-2 Contents of public sale notice 14-49 Flood hazard reduction provisions Notice of removal 14-47 Coastal high hazard areas 12.5-44 Notice to remove 14-40 General standards Procedure 14-41 Anchoring 12.5-41(1) Pirima facie evidence of violation....... 14-39 Construction materials and methods 12.5-41(2) Prohibited conditions; enumerated ex- Enclosures below lowest floor 12.5-41(6) ceptions 14-38 Mechanical and utility equipment... 12.5-41(5) Public sale 14-50 Subdivision proposals 12.5-41(4) Removal of property from premises 14-46 Utilities 12.5-41(3) Responsibility for removal 14-43 Regulatory floodways 12.5-43 Boats; refuse disposal................... 5-12 Sand dunes and mangrove stands 12.5-45 Garbage collection and disposal Specific standards Charges Nonresidential construction......... 12.5-42(2) Commercial use property waste dis- Residential construction............ 12.5-42(1) posal fees and collection proce- Interpretation 12.5-9 dares 14-30 Lands to which provisions applies........ 12.5-6 Fee for excess amounts from commer- Methods of reducing flood losses 12.5-4 cial establishments 14-28 Noncompliance, penalties for 12.5-11 Generally 14-27 Statement of purpose and objectives...... 12.5-3 When and where paid 14-29 Statutory authorization 12.5-1 Definition............................ 14-23 Variance procedure 12.5-24 Frequency of collection................ 14-26 Sapp. No. 24 2943 NORTH PALM BEACH CODE Section Section GARBAGE AND TRASH (Confd.) HOME OCCUPATIONS (Confd.) Garbage cans Occupational licenses. See also that subject Kept covered 14-25 Generally............................ 17-16 et seq. Required 14-24 Home occupation provisions Landscaping; refuse container areas...... 27-41 Affidavit of applicant required 17-2(e) Public services department Appeals 17-2(g) Refuse disposal division 2-85(5) Requirement of occupational license. 17-2(c) Weeds and brush 14-79 et seq. Permitted uses, home occupations as 17-2(a) See: WEEDS AND BRUSH Repeal of ordinances 17-2(h) Standards 17-2(d) GATHERINGS. See: ASSEMBLIES Violation of standards or conditions deemed GENDER a Code violation 17-2(f) Definitions and rules of construction 1-2 HORNS GUNS. See: FIREARMS AND WEAPONS Noise control 19-103 HOUSING H Boats, docks and waterways; anchoring and mooring HANDBILLS Use of vessel for dwelling purposes in Distribution resti~cted 19-7 prohibited area.................. 5-24 HANDGUNS. See: FIREARMS AND WEAP- HOUSING CODE ONS Adopted by reference 15-1 Amendments 15-2 HANDICAPPED PERSONS. See: DISABLED Code enforcement board, applicability re.. 2-173 AND HANDICAPPED PERSONS HAZARDOUS SUBSTANCES I Recovery of costs for cleanup, abatement and removal 12-101 et seq. IMPERSONATION See: FIRE PREVENTION AND PRO- Impersonating police officer; fireman or TECTION other village official 19-8 HEALTH AND SANITATION IMPOUNDMENT Animals and fowl, provisions re.......... 4-11 et seq. Abandoned, inoperative and junked prop- See: ANIMALS AND FOWL erty Bathing regulations Redemption of impounded property 14-51 Diseased persons prohibited from bath- Boats, docks and waterways; unlawfully ing in public pool, etc............ 19-3 anchored or moored vessels Boats, docks, etc., provisions re 5-10 et seq. Department of public safety to im- See: BOATS, DOCKS AND WATER- pound 5-18 WAYS Owner to be notified upon impound- Code enforcement board, applicability re.. 2-173 went 5-19, 5-20 Garbage and trash 14-23 et seq. Dogs and cats 4-30 See: GARBAGE AND TRASH Park and recreation facilities; failure to INDECENCY AND OBSCENITY cooperate in keeping restrooms neat Adult entertainment establishments or sanitary 20-2 Zoning regulations re. See: ZONING (Ap- Rabies control 4-42 et seq. pendix C) See: ANIMALS AND FOWL Alcoholic beverage establishments; nudity, Weeds and brush 14-79 et seq. partial nudity, sexual conduct prohib- See: WEEDS AND BRUSH ited 3-4 Topless costumes 19-64 HEDGES. See: FENCES, WALLS, HEDGES Vulgar language 19-65 AND ENCLOSURES Window peeping 19-66 HITCHHIKING INSURANCE EXCISE TAXES Prohibitions 19-6 Casualty insurance premiums 26-16 Property insurance premiums............ 26-17 HOME OCCUPATIONS Definitions 17-2(b) INTRACOASTAL WATERWAY Effective date 17-2(i) Marine sanctuary, designation as 5-101 Supp. No. 24 2944 I CODE INDEX Section Section INVESTMENTS LANDSCAPING (Cont'd.) Investment policy of the village 2-4 Definitions 27-31 Improved nonresidential properties in ex- J istence on September 23, 1971 Applicable requirements 27-40(b) JOINT AUTHORITY Exceptions 27-40(c) Definitions and rules of construction 1-2 Objectives 27-40(a) J (JNK Plamung commission, submission of plans Abandoned, inoperative and junked prop- to 27-40(d) erty 14-37 et seq. Objectives 27-32 See: GARBAGE AND TRASH Off-street parking landscape manual 27-38 Plot use plan approval prerequisite to issu- K ante of permits for building and pav- ing 27-37 KNIVES. See: FIREARMS AND WEAPONS Refuse container areas 27-41 Scope; applicability 27-34 _ L Weeds and brush 14-79 et seq. See: WEEDS AND BRUSH LAKE WORTH Zoning ordinance, conflict with........... 27-39 Marine sanctuary, designation as 5-101 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Damaging property unlawful 16-1 Ocean 5-85 Department of library Librarian 2-93 LAND Library board Buildings; construction on public land pro- Appointment 16-17 hibited 6-1 Compensation, service without 16-20 Pla~ng and development 21-O1 et seq. Composition 16-17 See: PLANNINGAND DEVELOPMENT Established 16-16 Subdivision regulations 36-1 et seq. Meetings 16-23 See: SUBDIVISIONS (Appendix B) Organization 16-21 LANDSCAPING Powers and duties 16-22 Accessways 27-36 Qualifications........................ 16-19 Appearance plan (Appendix A). See that Removal from office 16-24 subject Term of office 16-17 Application of provisions; enforcement.... 27-33 Vacancies 16-18 Certain yard areas, off-street parking and other vehicular use areas LICENSES AND PERMITS Existing plant material 27-67 Alarm permit........................... 19-208 et seq. Installation 27-60 See: ALARMS Maintenance 27-61 Boat launching area permits............. 5-34 Parking area interior landscaping 27-65 Boats, docks and wateitivays Perimeter landscaping relating to abut- Limitation on anchm-ing and mooring in ting properties 27-64 prohibited area; mooring permit Plant materal required 5-17 Ground covers 27-62(e) Bulkhead lines; filling permit............ 7-16 et seq. Lawn grass 27-62(f) See: BULKHEAD LINES Quality 27-62(a) Bulkheads and seawalls................. 5-72 Shrubs and hedges 27-62(c) Cade enforcement board, applicability re.. 2-173 Tree species 27-62(b) Diriveways. See herein: Sidewalk and Drive- Vmes 27-62(d) way Permits Required landscaping adjacent to public Emergency medical services 11.5-21 rights-of-way 27-63 Flood damage prevention development per- Scope, applicability 27-59 mit............................... 12.5-22 Sight distance adjacent to public rights- Garage, related sales 17-62 of-way and points of access....... 27-66 Home occupations. See also that subject Certificate of completion 27-35 Generally............................ 17-16 et seq. Code enforcement board, applicability re.. 2-173 Occupational license for home occu- Completed landscaping required for certif- patrons 17-2(c) et seq. icate of use and occupancy.......... 27-37 Noise control; special permits excepted 19-119 Supp. No. 24 2945 NORTH PALM BEACH CODE Section Section LICENSES AND PERMITS (Cont'dJ LOUDSPEAKERS Occupational licenses Noise control policy re loudspeakers and Application for 17-18 devices for advertising 19-105 Commercial vehicles, marking of 17-33.1 Compliance by principal deemed compli- M ante by agent 17-29 ~ Delinquency penalty 17-20 MANAGER. See: VILLAGE MANAGER I Doing business not covered by license.. 17-28 MANGROVE STANDS Duplicate licenses 17-27 Flocd damage prevention provisions...... 12.5-45 Duration 17-19 False statements MAPS. See: SURVEYS, MAPS AND PLATS Engaging in business without license M~,~ SANCTUARIES or under license issued on 17-32 License obtained by void ab initio 17-28 Designated 5-101 Half-year license 17-19 MAy SHALL Home occupations. See also that subject Definitions and rules of construction 1-2 Generally 17-16 et seq. Occupational license fm• home oc- MAYOR cupations 17-2(c) et seq. Civil disorders and disturbances Issuance 17-19 Mayor designated local authority for pres- Noncompliance of principal............ 17-29 ervation of public peace.......... 8-21 Nonprofit enterprise, special permit for 17-22 Village council; presiding officer at meet- Posted or carried, license to be 17-26 ings 2-18 Refund of fee 17-30 MEASURES. See: WEIGHTS AND MEA- Registration required 17-17 SURES Renewal 17-20 Required; basis of one year............ 17-16 Specified professions, how tax construed as to 17-21 Suspension or revocation 17-30 Tax exemptions 17-31 Tax schedule 17-33 Transfer of license New location 17-25 New owner 17-24 Variable factors within applicant's knowl- edge, declaration where fee de- pends on . 17-23 When due and payable 17-19 Park and recreation facilities; meeting and gathei7ng pernuts 20-31 et seq. See: PARKS, PLAYGROUNDS AND RECREATION Public services department, division of per- mits and inspections 2-85(1) Seawalls. See herein: Bulkheads and Sea- walls Sidewalk and driveway permits 24-55 et seq. See: STREETS, SIDEWALKSAND PUB- LIC PLACES Street excavation permits 24-28, 24-29 Swimming pool permits 25-3 Utilities Use of rights-of--way for utilities; written permit 28-2, 28-3 LOTS Subdivision design standards 36-18 Zoning regulations 45-1 et seq. See: ZONING (Appendix C) Supp. No. 24 2946 CODE INDEX Section Section PARKS, PLAYGROUNDSAND RECREATION PENSIONS AND RETIREMENT (Cont'd.) (Cont'd.) Direct transfers of eligible rollover dis- Vacancies 20-62(c) tribution........................ 2-170 Restrooms, failure to cooperate in keeping Discharged members 2-169(a) neat or sanitary 20-2 False, misleading statements made to Traffic obtain retirement benefits prohib- Enforcement of traffic regulations 20-5(2) ited 2-169(f) Operation confined to roads........... 20-5(5) Incompetents 2-169(d) Parking areas designated 20-5(6) Insurers, tax on...................... 2-167 Signs 20-5(3) Membership Speed of vehicles 20-5(4) Application for membership 2-160(b) State motor vehicle laws 20-5(1) Buy-back of previous service........ 2-160(d) Trees Changes in designation of beneficiary 2-160(c) Climbing trees, etc 20-4 Conditions of eligibility............. 2-160(a) Use by public only 20-1 Nonassignability 2-169(b) Number and gender 2-169(e) PENALTIES. See: FINES, FORFEITURES Optional forms of benefits 2-162 AND OTHER PENALTIES Pension validrt 2-169(c) y PENSIONS AND RETIREMENT Repeal or termination of plan 2-168 Length of service award plan for volunteer Tax on insurers 2-167 firefighters Pension and certain other benefits for gen- Benefit formula 2-170.6 eral employees Contact person 2-170.10 Benefit amounts and eligibility Effective date 2-170.3 Direct transfers of eligible rollover Eligibility 2-170.4 distribution 2-157 Entitlement age 2-170.5 Early retirement................... 2-148(d) Plan, name of 2-170.2 Late retirement.................... 2-148(c) Point system 2-170.11 Preretirement death 2-148(e) Preretirement death benefit........... 2-170.7 Retirement benefit 2-148(b) Purpose 2-170 Retirement date 2-148(a) Sponsor, name of 2-170.1 Termination of employment......... 2-148(f) Trustee and contact person............ 2-170.10 Benefit plan no. 2, optional (cost of liv- Vesting provisions, schedule of 2-170.8 ing adjustment) 2-158.1 Village contributions 2-170.9 Benefit plan, optional Pension and certain other benefits for fire Applicability to employees 2-158(a) and police employees Member contributions Benefit amounts Amount 2-158(d)(1) Cost of hvm 2-161(g) Duration 2-158(d)(2) . g Disability retirement 2-161(e) Guaranteed refund 2-158(d)(4) Early retirement 2-161(b) Interest......................... 2-158(d)(3) Formula 2-161(c) Retirement benefit................. 2-158(c) Limitation on 2-161(h) Retirement date 2-158(b) Normal retirement benefit.......... 2-161(a) Definitions 2-146 Preretirement death 2-161(d) Discharged members 2-156(a) Termination benefits and vesting.... 2-161(f) Incompetents 2-156(d) Board of trustees Membership Bring and defend lawsuits Application for membership 2-147(b) Powers 2-164(e) Change in designation of beneficiary 2-147(c) Composition 2-164(a) Conditions of eligibility............. 2-147(a) Forfeiture of membership on board Nonassignability 2-156(b) for absenteeism 2-164(b) Nm~ral and optional forms of benefits . 2-149 Meetings 2-164(d) Pension validity...................... 2-156(c) Power and authority 2-166 Repeal or termination of system 2-155 Reports and records 2-164(c) Retirement board Contributions Additional rules and regulations au- Employer 2-163(c) thorized...................... 2-152 Forfeitures 2-163(d) Established........................ 2-151 Member 2-163(a) Investing funds; custodian of secmz- State 2-163(b) ties.......................... 2-153 Definitions 2-159 Oaths of office; meetings; quorum 2-154 Supp. No. 24 2949 NORTH PALM BEACH CODE Section Section i~ PENSIONS AND RETIREMENT (Cont'dJ PLANNINGAND DEVELOPMENT (Cont'd.) ~ Social securit 2-136 et se y q. Regulatory program See: SOCIAL SECURITY Exemptions 21-47(b) Volunteer firefighters, length of service Generally 21-47(a) award plan for. See herein: Length of Public facility adequacy, review to de- Service Award Plan for Volunteer termine 21-47(c) Firefighters Short title 21-41 Filing fees and costs for voluntary annex- PERMITS. See: LICENSES AND PERMITS ation of land PERSON Enactment and authority 21-2(a) Defimitions and rules of construction 1-2 Fees: application 21-2(c) Jurisdiction 21-2(b) PIERS Planning commission, advice of........ 21-2(d) Docks and piers, construction require- Stormwater management 21-61 et seq. menu re 5-81 et seq. See: STORMWATER MANAGEMENT See: BOATS, DOCKS AND WATER- Subdivision regulations 36-1 et seq. WAYS See: SUBDIVISIONS (Appendix B) PLANNING AND DEVELOPMENT Zoning regulations 45-1 et seq. Appearance plan (Appendix A). See that See: ZONING (Appendix C) subject PLANNING COMMISSION Archaeological site protection regulations . 21-101 et seq. Composition; conduct generally See: ARCHAEOLOGICAL SITE PRO- Created 21-11(a) TECTION Meetings 21-11(c) Board of adjustment Membershi Composition; conduct generally P••••••••••••••••••••••••• 21-11(b) Administrative orders, review of 21-21(d) Powers and duties 21-11(d) Created 21-21(a) Zoning ordinances, changes to 21-12 Decision of administrative official, ap- PLATS. See: SURVEYS, MAPS AND PLATS peals to board from 21-21(e) Hearing of appeals 21-21(x) PLAYGROUNDS. See: PARKS, PLAY- Judicial review of decisions of board. 21-21(h) GROUNDS AND RECREATION Membership; terms; alternate; com- pensation 21-21(b) POLICE Powers and duties 21-21(c) Court cost Stay of work and proceedings on ap- Assessment of additional court costs for peal 21-21(f) criminal justice education expendi- Comprehensive plan tares 1-9 Adoption 21-O1 Department of public safety, provisions re Filing fees and costs for changes police division 2-76(b) Enactment and authority........... 21-1(a) See: PUBLIC SAFETY DEPARTMENT Fee; application 21-1(c) Elections; policemen to be present at poll- Jurisdiction 21-1(b) ing place.......................... 10-77 Planning commission, advise of 21-1(d) Fire division, provisions re police assis- Concurrency management tance 12-43 Adequate public facilities available to Impersonating police officer 19-8 service development 21-45 Pension and certain other benefits for fire Application 21-42 and police employees............... 2-159 et seq. Definitions 21-44 See: PENSIONS AND RETIREMENT Intent and purpose Reserve force Comprehensive plan, implementa- Application for membership 23-43 tion of 21-43(a) Compensation........................ 23-50 Management/monitoring and regula- Created;purpose 23-42 toffy program, establishment of 21-43(b) Director of public safety, appointment to Minimum requirements 21-43(c) serve by 23-45 Management and monitoring program Oath required 23-47 Amendments to CIE and annual bud- Powers and duties 23-48 get, recommendations on 21-46(c) Reserve list to be maintained 23-44 Annual public facilities update report 21-46(b) Resignation 23-46 Generally 21-46(a) Uniforms and insignia 23-49 Sapp. No. 24 2950 CODE INDEX Section Section POLLUTION Smoke, dust, odors, liquids, etc........... 19-9 Stormwater management provisions re pol- lutantloads 21-67 Waterways, pollution of 5-13 Supp. No. 24 2950.1 i l i, CODE INDEX Section Section STREETS, SIDEWALKS AND PUBLIC SUBDIVISIONS (Appendix B) (Cont'd.) PLACES (Cont'd.) Minimum street design specifications 36-19(5) Smoke, dust, odors, liquids, etc........... 19-9 Minor streets 36-19(1) Spitting in public places prohibited....... 19-5 Railroads or limited access highway, Stormwater management, applicable pro- subdivisions on 36-19(3) visions re 21-62, 21-65 Street names...................... 36-19(9) Subdivision regulations 36-1 et seq. Subdivision entrances 36-25 See: SUBDIVISIONS (Appendix B) Water bodies, access to 36-24 Swale areas, sodding required in certain Enactment and authority 36-2 instances 24-3 Enforcement provisions Trees in swale areas 27-16 et seq. Appeals.............................. 36-35 See: TREES AND SHRUBBERY Erection of buildings and issuance of Utilities permits 36-38 • Public utilities, cost of changing or re- General enforcement regulations 36-36 moval of 24-4 Land clearing, vegetation and wildlife Use of rights-of--way for utilities 28-1 et seq. protection and preservation See: UTILITIES Application procedure for vegetation removal unrelated to building SUBDIVISIONS (Generally) permit applications 36-38.1(3) Appearance plan (Appendix A). See that Exceptions 36-38.1(5) subject Fees 36-38.1(6) Code enforcement board, applicability re.. 2-173 Generall 36-38.1(1) y Flood damage prevention provisions 12.5-41(4) Vegetation protection during constivc- Zoning regulations 45-1 et seq. tion.......................... 36-38.1(4) See: ZONING (Appendix C) Vegetation removal permit, applica- SUBDIVISIONS (Appendix B) tion procedure 36-38.1(2) (Note~ection contained herein refer to Required improvements 36-37 sections found within Appendix B) Vegetation. See within this subheading: Amendments Land Clearing, Vegetation and Public hearing required 36-39.1 Wildlife Protection and Preseiva- Definitions tion General terms 36-5 Wildlife protection and preservation. See Specific terms 36-6 within this subheading: Land Clear- Design standards ing, Vegetation and Wildlife Protec- Alleys 36-20 tion and Preservation Blocks. See within this subheading: Lots Juizsdiction 26-3 and Blocks Legal status Comprehensive plan, conformity with.. 36-17(1) Conflicting regulations 36-41 Easements and izghts-of--way Effective date 36-42 Access waterways 36-22(c) Saving clause........................ 36-40 Drainage 36-22(b) Plats, platting Utilities 36-22(a) Procedures for subdivision plat approval. Lots and blocks See herein that subject Access 36-18(3) Procedures for subdivision plat approval Block lengths 36-18(6) Construction plan specifications 36-13 Double frontage lots 36-18(5) Construction plans procedure Lot lines 36-18(4) Preparation of construction plans 36-12(1) Lot size 36-18(1) Submission and review of construc- Residence lots, minimum 36-18(2) tion plans 36-12(2) Public sites and open spaces 36-23 Surety device, posting of 36-12(3) Rights-of--way. See within this subhead- Final plat procedure ing: Easements and Rights-Of--Way Application for final plat approval... 36-14(2) Sidewalks 36-21 Generally 36-14(1) Soil and flood hazards, consideration of 36-17(2) Planning commission action 36-14(4) Streets Planning commission review........ 36-14(3) Adjoining propei~y, street access to.. 36-19(7) Recording of final plat 36-14(6) Artei~al streets, subdivisions on..... 36-19(2) Village council action 36-14(5) Culs-de-sac 36-19(6) Final plat specifications............... 36-15 Half streets 36-19(8) General prerequisites to 36-7 Intersection design 36-19(4) Pre-application conference 36-9 Supp. No. 24 2953 _ _ _ NORTH PALM BEACH CODE Section Section ~ SUBDIVISIONS (Appendix B) (Cont'dJ SWIMMING Preliminary plat procedure Bathing regulations; diseased persons pro- Application for preliminary plat ap- hibited from bathing in public pool, proval 36-10(1) etc. 19-3 Developments of regional impact.... 36-10(2) Restricted waters, swimming in.......... 5-3 Effect of approval 36-10(9) SWIMMING POOLS Failure of planning commission to Baixier/fencing requirements 25-5 take action 36-10(8) Code enforcement board, applicability re.. 2-173 Fees 36-10(3) Construction 25-4 Notification of action 36-10(7) Country club premises regulations 9-1 Planning commission action 36-10(6) Definitions 25-1 Planning commission review........ 36-10(5) Elevation 25-6 Review comments 36-10(4) Final approval.......................... 25-7 Preliminary plat specifications 36-11 Grade 15-11 Qualification of person making survey . 36-8 permits 25-3 Reversion of subdivided land to acreage 36-16 Setbacks 25-2 Purpose and intent 36-4 Required improvements SWITCHBLADE KNIVES Bikeways 36-29.1 Sale prohibited 19-185(a) Bridges 36-30 General requirements 36-26 T Monuments TAXATION Permanent control points........... 36-27(b) Insurance excise taxes 26-16, 26-17 Permanent reference monuments 36-27(a) Occupational licenses 17-16 et seq. Planned unit development alternatives. 36-34 See: LICENSES AND PERMITS Screening walls and landscaping 36-33 Pension and certain other benefits for fire Sidewalks 36-29 and police employees Storm water management 36-31 Tax on insurers 2-167 Streets Telecommunications service tax Arterial and collector streets........ 36-28(a) Collection 26-52 Curb and gutter 36-28(c) Compensation........................ 26-54 Marginal access streets 36-28(b) Exemptions 26-53 Pavement base 36-28(f) Levy 26-51 Subgrade 36-28(e) Rate................................. 26-51 Swales 36-28(d) Utility tax.............................. 26-29 et seq. Wearing sm~face 36-28(g) See: UTILITY TAX Utilities Sanitary sewer 36-32(a) TELECOMMUNICATIONS Septic tanks 36-32(e) Compliance with other laws; police power. 29-10 Undergromid utilities 36-32(d) Construction bond 29-13 Definitions 29-3 Water and sewer systems........... 36-32(c) Enforcement remedies 29-15 Water supply 36-32(b) Fees and payments 29-5 Wells Force majeure 29-16 Individual wells prohibited in cer- Insurance; surety; indemnification 29-12 tain areas of village 36-32(f) Intent and purpose 29-2 Short title 36-1 Registration............................ 29-4 Involuntary termination 29-9 SURVEYS, MAPS AND PLATS Reports and records 29-6 Official zoning map 45-17 Rights-of--way, use 29-8 Subdivision regulations 36-7 et seq. Security fund........................... 29-14 See: SUBDIVISIONS (Appendix B) Service tax, generall 26-51 et se y q. See: TAXATION SWALE AREAS Title 29-1 Sodding required in certain instances 24-3 Transfer of control; sale or assignment 29-11 Trees in Swale areas 27-16 et seq. Underground installation; relocation 29-7 See: TREES AND SHRUBBERY TELEPHONES SWEAR OR SWORN. See: OATH, AFFIRMA- Alarms; interference with public safety de- TION, SWEAR OR SWORN partment trunk line prohibited 19-215 Supp. No. 24 2954 CODE INDEX Section Section TELEVISION V Cable television rate regulation.......... 17-1 VILLAGE TENSE Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 VILLAGE COUNCIL THEFT Compensation 2-16 Combat Auto Theft (CAT) 18-19 Definitions and rules of construction 1-2 Elections; village council to constitute can- TIME vassing board 10-11 Definitions and rules of construction 1-2 Meetings Adjournment of all meetings 2-19 TRAFFIC. See: MOTOR VEHICLES AND Regular meetings TRAFFIC Presiding officer 2-18 When held 2-17 TRAILERS Rules of procedm•e. See herein that sub- Personal recreational use trailers; parking ject on residential property restricted 18-35 Rules of procedure Order of business 2-26 TRASH. See: GARBAGE AND TRASH Parliamentary rules 2-27 TREES AND SHRUBBERY Village clerk, duties re 2-67 Code enforcement board, applicability re.. 2-173 VILLAGE MANAGER Landscaping 27-31 et seq. Administrative code, provisions re 2-39 et seq. See: LANDSCAPING See: ADMINISTRATIVE CODE Missiles, throwing 19-83 Bond................................... 2-117 Parks and recreation facilities; climbing Budget 2-118 trees, etc 20-4 Budget procedures, duties re............. 2-2 Swale areas, trees in Removal 2-116 Definitions 27-16 Residency 2-115 Maintenance 27-20 VOYEURISM Planting and removal; written approval Window peeping prohibited 19-66 required 27-17 Scope 27-19 Vaizety and location 27-18 W WALLS. See: FENCES, WALLS, HEDGES iJ AND ENCLOSURES UTILITIES WATER SHORTAGE EMERGENCIES Application 19-201 Flood damage prevention provisions...... 12.5-41(3), (5) Definitions 19-200 Franchises enumerated. See Appendix D Enforcement Street construction work; cost of changing Emergency power 19-204 or removal of public utilities 24-4 Generall 19-203 y Subdivision design standards re easements Implementation and rights-of--way 36-22(a) Exemptions 19-202(b) Subdivisions, required improvements re 36-32 permanent restrictions 19-202(a) Telecommunications service tax.......... 26-51 et seq. Sanitation, exception to maintain 19-205 See: TAXATION Violations and penalties 19-206 Use of izghts-of--way for utilities Code enforcement board, applicability WATER SUPPLY AND DISTRIBUTION re 2-173 Stormwater management................ 21-61 et seq. See: STORMWATER MANAGEMENT Rules and regulations adopted 28-1 Wellfield protection 19-220, 19-221 Written permit (franchise) Zoning; C-3 Regional Business District Contents 28-3 Required; term 28-2 Surface water management 45-34.1(8) UTILITY TAX WATERWAYS. See: BOATS, DOCKS AND WATERWAYS Collection 26-30 Exemption 26-31 WEAPONS. See: FIREARMS AND WEAP- Levied;rate 26-29 ONS Supp. No. 24 2955 NORTH PALM BEACH CODE Section Section WEEDS AND BRUSH Lien Recorded statement of removal costs con- stitutes lien; collection 14-83 Notice to destroy 14-80 Owner to bear costs of removal 14-82 Prohibited over certain height 14-79 Removal by village 14-81 WEEK Definitions and rules of construction 1-2 WEIGHTS AND MEASURES Motor vehicle operation; weight limitations on certain roads 18-18 Noise measurement procedure 19-113 WELLFIELD PROTECTION Business activities with potential to con- taminate land and water resources, regulation o£ 19-221 County wellfield protection ordinance adopted by reference 19-220 WRITTEN, IN WRITING Definitions and rules of construction 1-2 Y YARDS AND OPEN SPACES Landscaping 27-31 et seq. See: LANDSCAPING Zoning regulations 45-27 et seq. See: ZONING (Appendix C) YEAR Definitions and rules of construction 1-2 Z ZONING (Generally) Appearance plan (Appendix A). See that subject Code enforcement board, applicability re.. 2-173 Home occupations 17-2(a) et seq. See: HOME OCCUPATIONS Landscaping; conflict with zoning ordi- nance 27-39 Planning commission; changes to zoning i ordinances 21-12 ' Subdivision regulations 36-1 et seq. See: SUBDIVISIONS (Appendix B) Supp. No. 24 2956 [The next page is 2965]