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Code of Ordinances Supplement 22 SUPPLEMENT NO. 22 September 2001 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. 24-2001, adopted August 9, 2001. See the Code Comparative Table for further information. Remove old pages Insert new pages xi-xvi xi.-xvi Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 135-136.1 135-136.4 141-142.2 141-142.2 153, 154 153-154.1 157, 158 157, 158 163-165 163-166 329-332 329-332 455, 456 455, 456 507 507 509 509-511 561-563 561-564 999, 1000 999, 1000 1239, 1240 1239, 1240 1293, 1294 1293-1295 1345, 1346 1345-1346.1 2359-2362 2359-2362.1 2377-2379 2377-2379 2515-2518 2515-2518 i INSTRUCTION SHEET-Contd. Remove old pages Insert new pages 2819, 2820 2819, 2820 2887 2887, 2888 2935, 2936 2935, 2936 2939-2942 2939-2942.1 2945-2946.1 2945-2946.1 i Insert and maintain this instruction sheet in front of this ublication. File p removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com i 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 A~.~t. 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 Ai-t. 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. Department of Treasury . 138.1 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. IV. Manager 142.1 Art. V. Pensions and Retirement Systems 142.1 Div. 1. Generally 142.1 Div. 2. Social Secuizty 142.1 Supp. No. 22 ~ I~~ 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 ~I Firefighters 158.3 Art. VI. Code Enforcement Board 159 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 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 Div. 1. Generally 384 Div. 2. Reserved 398.3 Div. 3. Certificate of Appropriateness 398.3 Art. N Reserved 398.5 Art. V. Signs and Outdoor Displays 398.5 Art. VI. Energy Efficiency Building Code 39816 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 i Art. III. Finances 563 10. Elections 615 Art. I. In General 617 Supp. No. 22 xil TABLE OF CONTENTS-Contd. Chapter Page Art. II. Reserved 619 Art. III. Inspectors and Clerk 619 Art. N Polling Place 620 11. Electricity 671 Art. I. In General 673 Art. II. Electrical Code 673 11.5. Emergency Service 695 Art. I. In General 697 Art. II. Emergency Medical Services 697 12. Fire Prevention and Protection 72~# Art. I. In General 725 Art. II. Fire Prevention Code 725 Art. III. Fire Division 726 Div. 1. Generally 726 Div. 2. Personnel 727 Div. 3. Equipment 727 Div. 4. Reserved 728 Art. N Recovery of Costs for Cleanup, Abatement and Removal of Hazardous Substances 728 12.5 Flood Damage Prevention 777 Art. I. In General 779 Art. II. Administration 783 Art. III. Provisions for Flood Hazard Reduction 786 13. Reserved 839 14. Health and Sanitation 889 Art. I. In General 891 Art. II. Garbage, Trash and Refuse 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. IV. 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. 22 xlli i 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 Morels 1228 Art. V. Offenses Against Public Peace 1229 Art. VI. Noise Control 1229 Art. VII. Reserved 1235 Art. VIII. Weapons 1235 Art. IX. 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. N 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. 22 xiv TABLE OF CONTENTS-Contd. Chapter Page Art. II. Construction Permits 1576 Art. III. Public and Private Pools 1577 26. Taxation 1627 Art. I. In General 1629 Art. II. Insurance Excise Taxes 1629 Art. III. Utility Tax 1629 Art. N Utility Tax . 1630 27. Trees and Shrubbery 1681 Art. I. In General 1683 Art. II. Trees in Swale Areas 1683 Art. III. Landscaping 1683 Div. 1. Generally 1683 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. N 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 . 2482.3 Art. III. District Regulations 2486.4 Arts. IV, V. Reserved 2515 Art. VI. Amendments-Fees; Waiting Periods.. , 2515 Art. VII. Nonconforming Uses of Land and Structures. 2516 D. Franchises 2619 Statutory Reference Table 2819 Code Comparative Table-1970 Code 2869 Code Comparative Table-Laws of Florida 2873 Supp. No. 22 XV NORTH PALM BEACH CODE / Page Code Comparative Table-Ordinances 2875 Charter Index 2933 Code Index 2935 ' Supp. No. 22 x~ 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 22 iii 1 136.3, 136.4 22 v, vi OC 137, 138 17 vii, viii OC 138.1 17 ix OC 139, 140 OC x.i, x.ii 1 141, 142 22 x.iii 1 142.1, 142.2 22 xi, xii 22 143 16 xiii, xiv 22 144.1, 144.2 12 xv, xvi 22 144.3 12 1 OC 145, 146 9 3, 4 8 147, 148 9 5, 6 12 149, 150 20 6.1, 6.2 18 150.1, 150.2 20 7, 8 OC 151, 152 11 9, 10 OC 153, 154 22 11, 12 OC 154.1 22 13, 14 OC 155, 156 20 65 18 157, 158 22 77 OC 158.1, 158.2 20 79, 80 OC 158.3 20 81, 82 21 159, 160 19 133 10 161, 162 19 135, 136 22 163, 164 22 Supp. No. 22 [1] NORTH PALM BEACH CODE Page No. Supp. No. Page No. Supp. No. 165, 166 22 723 2 211 OC 725, 726 13 213, 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 16 787, 788 OC ' 327, 328 21 789 OC 329, 330 22 839 OC 331, 332 22 889 OC 333, 334 20 891, 892 21 381 OC 892.1 15 383, 384 17 893, 894 OC 385 17 895, 896 OC 398.3, 398.4 7 945 OC 398.5, 398.6 8 947, 948 3 398.7, 398.8 17 997 OC 398.9, 398.10 17 999, 1000 22 398.11, 398.12 21 1051 OC 398.13, 398.14 20 1053, 1054 9 398.14.1 20 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, 456 22 1063, 1064 8 507 22 1121 OC 509, 510 22 1171 OC ~ 511 22 1173,1174 17 559 17 1175 19 561, 562 22 1225 OC 563, 564 22 1227, 1228 OC 615 OC 1229, 1230 21 617, 618 OC 1231, 1232 21 ~ 619, 620 6 1233, 1234 21 671 2 1235, 1236 21 673 19 1237,1238 16 I 695 13 1239,1240 22 697 13 1241,1242 21 Supp. No. 22 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 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, 13~i2 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 OC 2481, 2482 21 1575, 1576 OC 2482.1, 2482.2 21 1577 OC 2482.3 21 1627 9 2483,2484 14 1629, -1630 21 2485, 2486 16 1631 21 2486.1, 2486.2 16 1681 OC 2486.3, 2486.4 16 1683, 1684 OC 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 1787, 1788 21 2501, 2502 18 1789, 1790 21 2503, 2504 18 Supp. No. 22 [3] NORTH PALM BEACH CODE Page No. Supp. No. 2504.1, 2504.2 16 2505, 2506 10 2507, 2508 13 2509, 2510 13 2510.1, 2510.2 13 2510.3, 2510.4 13 2510.5, 2510.6 17 2510.7, 2510.8 17 2510.9 17 2511, 2512 OC 2513, 25].4 OC 2515, 2516 22 2517, 2518 22 2619 21 2819, 2820 22 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 22 2933, 2934 OC 2935, 2936 22 2937, 2938 17 2939, 2940 22 ~ 2941, 2942 22 2942.1 22 ~ 2943, 2944 17 ' 2945, 2946 22 2946.1 22 2947, 2948 17 2949, 2950 20 2950.1 20 2951, 2952 16 2953, 2954 21 2955, 2956 21 2965, 2966 15 2967 15 Supp. No. 22 ADMINISTRATION § 2-4 ARTICLE I. IN GENERAL (b) The council is hereby authorized and em- powered to prepare and adopt a budget for each Sec. 2-1. Committee and boards. fiscal year by ordinance to be introduced at the first regular meeting of the council in September (a) No person may be a member of any board of each year, which ordinance shall fix and deter- created by the village council to advise the village mine the amount of money to be raised by taxa- council on any matter unless such person shall be tion in the village for the following fiscal year and shall also make separate and several appropria- and remain a resident of the village during the bons for the payment of all necessary operating term of office. expenses of the village and for the payment of interest and principal of any indebtedness of the (b) Any person who, when appointed to any village, and to set forth an estimate of all income such advisory board is a resident of the village but from all sources whatsoever which shall be re- who later terminates such residency, shall, imme- ceived by the village. diately upon termination of residency, be deemed to be no longer a member of such advisory board (c) Before final passage of the budget ordi- and shall have no right or privilege to vote or nance, the village clerk shall cause the same as participate in matters of such board. introduced to be posted at the village hall and in at least one (1) other conspicuous place in the (c) Members of the advisory boards shall serve village. At those places the village clerk shall post at the pleasure of the village council and may be a notice stating the time and place the budget will removed at any time with or without cause. If a be acted on finally and shall also state in such member of any advisory board or a designated notice that the estimate of the village manager alternate of the board is absent from three (3) upon which the budget is based is on file for regularly-scheduled meetings of the board within inspection of the public at the office of the village any twelve (12) consecutive month period without clerk. The budget ordinance shall not be passed such absence being excused by majority vote of by the council until twelve (12) days after such the board, the chairman of the board shall promptly posting, but not later than September 30. notify the village council. The council may there- (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch. after declare the member's office vacant and 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1, promptly fill such vacancy for the unexposed term 10-14-76; Ord. No. 15-77, 1, 2, 8-25-77; Ord. of office. No. 23-2001, § 1, 8-9-01) (Code 1970, § 2-18; Ord. No. 18-2001, § 1, 6-28-O1) Charter reference-Provisions of former chanter not 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 forty-five (45) days prior to the first regular All regular meetings, special meetings and meeting of the council in September of each year, workshop meetings for village boards and com- a balanced budget for the operation of the village missions shall be adjourned on or before 11:00 government during the next fiscal year, including p.m. on the date when the meeting convened. an estimate of the revenues and expenditures in (Ord. No. 21-95, § 1, 7-27-95) such forms as to afford the council a comprehen- sive understanding of the needs and require- Sec. 2-4. Investment policy of the village. ments of the various divisions of the village gov- ernment for the ensuing year. Sufficient copies of (a) Purpose. The purpose of this statement is this budget shall be prepared so that there shall to set forth the policy and objectives governing the be at least three (3) copies on file in the office of investment management of public funds of the the village clerk. village that are in excess of the amounts needed Supp. No. 22 135 § 2-4 NORTH PALM BEACH CODE to meet current expenses. This investment policy 4. Monitoring all of the village's places the highest priority on the safety and investments to anticipate and liquidity of funds. respond appropriatelyto chang- ing market conditions. (b) Scope. This investment policy applies to all the investment activity of the village, except for b. Interest rate risk. The village will its employees' pension funds, which are organized minimize the risk that the market and administered separately, or for funds related value of securities in the portfolio to the issuance of debt where there are other will fall due to changes in general existing policies or indentures in effect for such interest rates, by: funds. 1. Structuring the investment port- . Funds included: folio so that the securities ma- (1) General fund. ture to meet cash requirements for ongoing operations, thereby (2) Special revenue funds. avoiding the need to sell secu- (3) Enterprise funds. rities on the open market prior to maturity; and (4) Debt service funds. 2. Investing operating funds pri- (5) Any new funds created by the governing marily in short-term securities, body unless specifically exempt. money market mutual funds, or similar investment pools un- (c) Objectiaes. The primary objectives, in pri- less it is anticipated that long- ority of order, of investment activities shall be term securities can be held to safety of principal, liquidity of funds, and maxi- maturity without jeopardizing mining investment income. the liquidity requirements. (1) Safety. Safety of principal is the foremost objective of investment activities. Invest- (2) Liquidity. The investment portfolio shall ments shall be undertaken in a manner remain sufficiently liquid to meet all op- that seeks to insure preservation of capi- erating requirements that may bereason- tal in the overall portfolio. All other in- ably anticipated. This is accomplished by vestment objectives are secondary to the structuring the portfolio so that the secu- safety ofprincipal. The objective will be to rides mature concurrent with cash needs mitigate credit risk and interest rate risk. to meet anticipated demands. Further- more, since all possible cash demands a. Credit risk. Credit risk, the risk of cannot be anticipated, the portfolio should loss due to the failure of the security consist largely of securities with active issuer or backer, will be minimized secondary or resale markets. Portions of ~ by: the portfolio may be placed in interest- l. Limiting investments tothe saf- bearing checking/savings accounts with est types of securities. qualified public depositories. Securities 2. Pre-qualifying the financial in- and Exchange Commission registered stitutions, broker dealers, inter- money market funds with the highest mediaries, and advisers with credit quality rating from a nationally ~ which the village will do busi- recognized rating agency, or local govern- ness. went investment pools which offer same- day liquidity for short-term funds. 3. Diversifying the investment ~ portfolio so that potential losses (3) Investment income. Without compromis- on individual securities will not ing safety and liquidity, the highest pos- place an undue financial bur- sible total return should be obtained on den on the village, and the village's funds. Income will. include Supp. No. 22 136 ADMINISTRATION § 2-4 interest/dividends received as well as any ment program, or that could impair their realized or unrealized gains and losses of ability to make impartial decisions. Em- principal of the underlying security. ployees and investment officials shall dis- close any material interest in financial (d) Performance measurements. The invest- institutions with which they conduct busi- ment income objective is to regularly exceed the ness. They shall further disclose any per- average rate of return on three month U.S. Trea- sonal financiaUinvestment positions that sury Bills, or the average rate on federal funds, could be related to the performance of the whichever is higher. These indices are considered investment portfolio. Employees and offic- benchmarks for risk-free investment transactions ers shall refrain from undertaking per- and therefore comprise a minimum standard for sonal investment transactions with the the portfolio's rate of return. The investment same individual with whom business is program may seek to augment returns above this conducted on behalf of the village. threshold, consistent with risk limitations identi- fled herein and prudent investment principles. (f) Authorized investments. The village may invest and reinvest, in accordance within the (e) Prudence and ethical standards. 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 Investments should be made defined in F.S. section 280.02. 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- forthe investment, consider- vided in F.S. section 163.01. ing the probable safety of their capital as well as the (4) Securities and Exchange Commission reg- probable income to be de- istered money market funds with the high- rived from the investment. est credit quality rating from a nationally recognized rating agency. The chief financial officer, or other per- - sons performing the investment func- (5) Direct obligations of the United States tions, acting in accordance with written Treasury. policies and procedures, and exercising (6) Federal agencies and instrumentalities. due diligence shall be relieved of personal responsibility for an individual security's (7) Securities of, or interest in, any open-end credit risk or market price changes, pro- or closed-end management-type invest- vided deviations from expectations are ment company or investment trust regis- reported immediately and that appropri- tered under the Investment Company Act ate action is taken to control adverse of 1940, 15 U.S.C. sections 80a-1 et seq., developments. as amended from time to time, provided that the portfolio of such investment com- (2) Ethical standards. Officers and employ- pany or investment trust is limited to ees involved in the investment process obligations of the United States Govern- shallrefrain from personal business activ- ment or any agency or instrumentality ity that could conflict with the proper thereof and to repurchase agreements fully execution and management of the invest- collateralized by such United States Gov- Supp. No. 22 136.1 § 2-4 NORTH PALM BEACH CODE ernment obligations, and provided that maturity, issuer, instrument, dealer, or bank such investment company or investment through which these instruments are bought and trust takes delivery of such collateral ei- sold. Diversification strategies shall be reviewed ther directly or through an authorized and revised periodically as deemed necessary by custodian. the chief financial officer. (8) Other investments authorized by law or by ordinance by the village. (j) Authorized investment institutions and deal- ers. Alist will be maintained of financial institu- (g) Maturity and liquidity requirements. The tions authorized to provide investment services. village's investment portfolio shall be structured In addition, a list also will be maintained of to provide sufficient liquidity to pay obligations as they come due. Furthermore, to the extent possi- approved security brokers/dealers selected by cred- ble, an attempt will be made to match investment itworthiness. maturities with known cash needs and antici- pated cash flow requirements. Unless matched to (k) Third party custodial agreements. All secu- a specific cash flow, the village will not directly rities purchased by the village shall be properly invest in securities maturing more than three designated as an asset of the village and shall be years from the date of purchase. held in safekeeping with athird-party custodial institution. The third-party custodian will be re- (h) Portfolio composition. The following are quired to designate all. securities held as assets of the limits for investments and limits on security the village. No withdrawal of securities, in whole issues, and maturities in the portfolio. The chief or in part, shall be made from. safekeeping, except financial officer has the option to further restrict investment in selected instruments, to conform to by the chief financial officer, or his/her respective the present market conditions. designees. Securities transactions between a bro- ker-dealer and the custodian involving purchase Authm•ized Maturity or sale of securities by transfer of money or Investments Range Maximum % securities must be made on a "delivery vs. pay- Interest-bearing checking or N/A 100% went" basis, if applicable, to ensure that the savings accounts custodian will have the security or money, as appropriate, in hand at the conclusion of the Interest-bearing time depos- 3 years 20% transaction. its I ~ The Local Government Sur- N/A 100% (1) Master repurchase agreement. All approved ~ plus Funds Trust Fnnd/inter- institutions and dealers transacting repurchase governmentalinvestmentpool agreements shall execute and perform as stated ~ in the master repurchase agreement. All repur- Securities and Exchange Com- N/A 50% chase agreement transactions shall adhere to the mission registered money market funds requirements of the master repurchase agree- ment. Direct obligations of the 5 years 80% United States Treasury (m) Bid requirement. An appropriate maturity date will be determined for each investment based Federal agencies and instru- 5 years so% on cash-flow needs and market conditions. Based mentalities on these considerations, the chief financial officer Open-end or closed-end man- 5 years 20% will analyze and select one or more optimal types agement-type investments/ of investments and competitively bid the security trusts in question when feasible and appropriate. Ex- (i) Risk and diversification. Assets held shall cept as otherwise required bylaw, the bid deemed be diversified to control the risk of loss resulting to best meet the investment objectives specified in from the over-concentration of assets in a specific subsection III must be selected. Supp. No. 22 1362 ADMINISTRATION § 2-`I (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 wi.7ting 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 national associations organized and exist- (p) Reporting. The chief financial officer shall ing under the laws of the United States prepare an annual investment report, which shall which is authorized to accept and execute include securities in the portfolio by class and trusts and which is doing business in the type, book value, income earned, and market state. value as of the report date. The report will be provided to the legislative and governing body of (r) Sale of securities. When invested funds are the village. The report shall be available to the needed in whole or in part for the purposes public. originally intended or for more optimal invest- ments, the chief financial officer may sell such (q) Securities; disposition. investments at the then-prevailing market price (1) Every security purchased on behalf of the and place the proceeds into the proper account or village must be properly earmarked and; fund. a. If registered with. the issuer or its (s) Policy considerations. agents, must be immediately placed for safekeeping in a location that (1) Exemptions. Any investment held prior to protects the village's interest in the the adoption of this policy that does not security; 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- federalgovernment, the state, or any vided by this policy. other state or territory of the United (2) Amendments. This policy shall be re- states which has a branch or princi- viewed on an annual basis. The village pal place of business in the state as council must approve any changes, as defined in F.S. section 658.12, or by a well as the individual(s) charged with national association organized and maintaining internal controls. existing under the laws of the United States which is authorized to accept (t) Delegation of authority. The finance direc- and exercise trusts and which is for is the chief financial officer of the village and doing business in the state, and must is responsible for investment decisions and activ- be kept in the depository in an ac- ities. The village may retain a registered invest- count separate and apart from the ment advisory firm to assist in the investment assets of the financial institution; or management process. No person may engage in Supp. No. 22 136.3 § 2-4 NORTH PALM BEACH CODE 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. $-$2, § 1, 4-22-82) it Secs. 2-5-2-15. Reserved. Sec. 2-19. Adjournment of all meetings. All regular meetings, special meetings and ARTICLE II. COUNCILS workshop meetings for the village council shall be adjourned on or before 11:00 p.m. on the date when the meeting convened. In the event there is DIVISION 1. GENERALLY pending business on the floor at 11:00 p.m. during one (1) of the meetings, the chair shall at that Sec. 2-16. Compensation. time entertain a motion that the meeting be 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 fined 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; Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, Secs. 2-20-2-25. Reserved. 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 shall be held on the second and fourth Thursdays The following order shall be observed in the of each month. transaction of business, but such order may be (Code 1970, § 2-8) varied by unanimous consent of the councilmen Charter reference-Meetings procedure, Ait. III, § 9(a>. present: I (1) Roll call; Sec. 2-18. Same-Presiding officer. ~ (a) The mayor shall preside at all meetings, if I present, and in his absence, the vice-mayor. In the absence of both the mayor and vice-mayor, the president pro tem shall preside. ''Charter reference-Legislative provisions generally, Ai•t. 'Charter reference-Authm-ity to determuie rules of III. procedure, Ait. III, § 9(b). Supp. No. 22 136.4 ADMINISTRATION § 2-84 DIVISION 5. DEPARTMENT OF PUBLIC (5) Traffic. Plan and conduct the control of SAFETY" traffic, the traffic educational program, the school patrols, the coordination of Sec. 2-75. Director's duties. traffic accident prosecution. The director of public safety shall direct the (6) Radio. To operate and maintain radio police and fire work of the village, be responsible equipment. for the enforcement and maintenance of law and order and shall: (c) Fire. The fire division shall be charged with (1) Make assignments. Assign officers to their the prevention of fires and the protection of life duties. and property against fire and shall: (2) Designate instructor: Designate a compe- (1) Repo~~t losses. Report all fire losses to the tent officer of the department to act as village manager. instructor. Such officer shall conduct such schools as the director shall order. (2) Maintain equipment. Be responsible for (Code 1970, § 2-39) the maintenance and care of all property and equipment used by the department. Sec. 2-76. Divisions. (3) Fire faghting. Be responsible for the extin- (a) Generally. The department of public safety guishment of fires, the saving of life and shall be divided into the following divisions: Po- property from fire, and the performance of lice and fire. various miscellaneous public services of (b) Police. The police division shall have the an emergency nature. following duties: (4) Fire prevention. Be responsible for the (1) Records. Provide and maintain: inspection of potential fire hazards, the a. The central complaint desk and dis- abatement of existing fire hazards and patching police records; the conducting of an educational fire pre- vention program. b. Criminal and noncriminal identifica- (Code 1970, § 2-39) tion; c. The identification of property; d. The custody of property; and Secs. 2-77-2-83. Reserved. e. The operation of detention centers. DIVISION 6. DEPARTMENT OF PUBLIC (2) Patrol. Provide and maintain motor and SERVICESi' foot patrol units, and make routine inves- tigations. Sec. 2-84. Director's duties. (3) Investigation. Conduct the investigation of crimes and prepare evidence for the The director of public services shall be respon- prosecution of criminal cases. sible for all matters relating to construction, man- (4) Crime prevention. Make plans and price- agement, maintenance and operation of the phys- dures for the prevention and control of ical properties of the village. juvenile delinquency, handle cases inwhich (Code 1970, § 2-40) Cross reference-Director of public services to erect women are involved, remove crime haz- signs at public park and recreation facility entrances, § 20- ards and coordinate community agencies 1(s). interested in crime prevention. 'Cross references-Garbage, trash and refuse, § 14-16 et *Cross references-Fue prevention and protection, Ch. seq.; parks, playgrounds and recreation, Ch. 20; streets, 12; provisions on fire division, § 12-29 et seq.; police, Ch. 23. sidewalks and public places, Ch. 24. Supp. No. 22 141 § 2-85 NORTH PALM BEACH CODE Sec. 2-85. Divisions. DIVISION 7. DEPARTMENT OF LIBRARYx The department of public services shall be Sec. 2-93. Librarian. divided under the director of public services into The department of library shall be supervised the following divisions and bureaus and supervi- by the village librarian, who shall operate and sors thereof: maintain the free public library. (Code 1970, § 2-41) (1) Division ofpermits and inspections, which shall issue all permits for, and inspect the Secs. 2-94-2-101. Reserved. work involved in, the construction of side- walks, curb cuts, street cuts; inspect all DIVISION 8. DEPARTMENT OF COUNTRY work done under the provisions of the CLUB fi electrical, plumbing and building codes of the village; and- inspect all premises, in- Secs. 2-102, 2-103. Reserved. cluding structures and appurtenances thereon, fOr Safety features. Editor's note-Former 2-102 and 2-103 were deleted as being superseded by the provisions of Ord. No. 39-90, adopted Nov 19, 1990, which enacted provisions relative to (2) Division of parks, which shall operate and the country club administrative board, codified as Ch. 9, Art. maintain all village parks except that the li• recreational areas and facilities shall be under the supervision of the director of Secs. 2-104--2-109. Reserved. recreation. DIVISION 9. DEPARTMENT OF (3) Division of facility maintenance, which RECREATIONS shall repair and maintain all village owned buildings, irrigation systems, street lights, Sec. 2-110. Director's duties. parks, electrical, mechanical and plumb- The director of recreation shall plan, promote, ing systems and custodial services (except organize and supervise a comprehensive munici- the North Palm Beach Country Club). pal recreation program, and administer the same in the interest of the entire community, and shall: (4) Division of municipal garage, which shall operate the municipal public works com- (1) Supervise recreation areas. Supervise the plex, and shall .maintain and provide for recreational use of playgrounds, play fields, village uses all automotive equipment recreation centers, ball diamonds and such owned by the village. other recreation areas and facilities as may be made available to carry out the village's recreation program. (5) Refuse disposal division, which shall col- lect garbage and rubbish. (2) Conduct community activity. Conduct and supervise any form of recreational, cul- (6) Street maintenance division, which shall tural or social activity that will employ the leisure time of the citizens in a whole- maintain and provide for adequate drain- some and constructive manner. age on all streets, sidewalks and bridges. (Code 1970, § 2-42) (Code 1970, § 2-40; Ord. No. 24-2001,. 1, 2, 8-9-01) *Cross reference~Library, Ch. 16. 1'Charter reference-Club administration, A~•t. N, § 6. Cross reference-Country club administrative board, § 9-16 et seq. $Cross reference-Parks, playgrounds and recreation, Secs. 2-86-2-92. Reserved. Ch. 20. Supp. No. 22 142 ADMINISTRATION § 2-136 Secs. 2-111-2-114. Reserved. Sec. 2-117. Bond. The village manager shall furnish a surety ARTICLE IV. MANAGER" bond to be approved by the council, such bond to be conditioned on the faithful performance of his Sec. 2-115. Residency. duties. The premium of the bond shall be paid by the village. At the time of his appointment the village (Code 1970, § 2-28) manager need not be a resident of the village or state, but shall attain residence within the village Sec. 2-118. Budget. limits within sixty (60) days of his appointment and retain village residence during his period of The village manager shall furnish the village appointment. each fiscal year with a balanced budget. (Code 1970, § 2-26) (Ord. No. 23-97, § 2, 5-8-97; Ord. No. 15-98, § 1, 7-9-98) Sec. 2-116. Removal. Secs. 2-119-2-121. Reserved. The village council may remove the village manager at any time by a majority vote of the Secs. 2-122, 2-123. Reserved. members. In the event the village manager is removed from office by the village .council without Editor's note-Ord. No. 15-80, § 3, adopted July 24, 1980, good cause during a time that the village manager repealed 2-122 and 2-123, relative to the appointment and is willing and able to perform his duties, then, in duties of the assistant village manager, respectively. Such sections formerly derived from Ord. No. 5-79, § 2, adopted that event, the village shall pay the village man- Mar. 8, 1979. ager the following: (1) Accumulated sick leave and accumulated Secs. 2-124-2-128. Reserved. vacation pay; and (2) Alump sum cash payment equal to one (1) ARTICLE V. PENSIONS AND month's salary after a village manager RETIREMENT SYSTEMS has served the village for at least twelve (12) months and shall pay him two (2) DIVISION 1. GENERALLY months' salary after a village manager has served the village for at least two (2) years, and shall pay the village manager Secs. 2-129-2-135. Reserved. three (3) months' salary after a village manager has served the village for three DIVISION 2. SOCIAL SECITRITYI' (3) years or more, with the payment never to exceed three (3) months' salary; and Sec. 2-136. Declaration of policy. (3) The village shall maintain at its expense It is hereby declared to be the policy and the insurances that cover the village man- purpose of the village to extend, effective as of ager for the month or months that the October 1, 1956, to the employees and officials village is obligated to make a lump sum cash payment to the village manager. thereof, not excluded bylaw, nor excepted herein, the benefits of the system of old-age and survivors The payments specified above shall relieve the insurance as authorized by the Federal Social village of all obligations to the manager. Security Act and amendments thereto, and by (Code 1970, § 2-26; Ord. No. 11-89, § 1, 5-25-89; F.S. Chapter 650, as amended; and to cover by Ord. No. 23-97, § 1, 5-8-97) such plan all services which constitute employ- xCharter reference-Provisions relative to village man- fiState law reference-Social security for public employ- ager, Article 1V, 1-5. ees, F.S. Ch. 650. Supp. No. 22 142.1 ' § 2-136 NORTH PALM BEACH CODE went as defined in F.S. section 650.02, performed village as employer by applicable state or federal in the employ of the village by employees and laws or regulations, which shall be paid over to officials thereof. the lawfully designated state agency at the times (Code 1970, § 26-11; Ord. No. 22-2001, § 1, 8-9-O1) and in the manner provided by law and regula- tion. Sec. 2-137. Exclusions from coverage. (Code 1970, § 26-15) There is hereby excluded from this article any Sec. 2-141. Records and reports. authority to include in any agreement entered into under section 2-138 of this article any ser- The village shall keep such records and make vice, position, employee, or official covered as of such reports as may be required by applicable February 11, 1957, by or eligible to be covered by state or federal laws or regulations, and shall a then existing retirement system. adhere to the regulations of the state agency. (Code 1970, § 26-12) (Code 1970, § 26-16) Sec. 2-138. Agreement authorized. Sec. 2-142. Withholding and reporting agent. The mayor is hereby authorized and directed to (a) The village treasurer is hereby designated execute all necessary agreements and amend- the custodian of all sums withheld from the ments thereto with the division of retirement of compensation of officers and employees and of the the department of administration, as state agency, appropriated funds for the contribution of the for the purpose of extending the benefits provided village pursuant to this division. by the federal system of old-age and survivors (b) The village clerk is hereby made the with- insurance to the employees and officials of the holding and reporting agent and charged with. the village as provided in section 2-136, which agree- duty of maintaining personnel records for the went shall provide for such methods of adminis- purpose of this division. tration of the plan by the village as are found by (Code 1970, § 26-17) the state agency to be necessary and proper, and shall be effective with respect to services in em- Sec. 2-143. Social Security Act adopted. ployment covered by such agreement performed on and after the first day of October, 1956. The village does hereby adopt the terms, con- (Code 1970, § 26-13) ditions, requirements, reservations, benefits, priv- ileges and other conditions thereunto appertain- Sec. 2-139. Withholding from wages. ing, of title II of the Social SecurityAct as amended, for and on behalf of all officers and employees of Withholdings from salaries, wages, or other its departments and agencies to be covered under compensation of employees and officials for the the agreement. purpose provided in section 2-136 are hereby (Code 1970, § 26-18) authorized to be made, and shall be made, in the Editor's note-Title II of the Social Security Act is found amounts and at such times as maybe required by in the United States Code (and United States Code Annotat- applicable state or federal laws or regulations, ed), mule 42, 40125. and shall be paid over to the state agency desig- nated by law or regulations to receive such Secs. 2-144, 2-145. Reserved. amounts. (Code 1970, § 26-14) Sec. 2-140. Appropriations by village. There shall be appropriated from available funds, derived from the general fund, such amounts, j at such times, as may be required to pay promptly ~ the contributions and assessments required ofthe Supp. No. 22 142.2 ADMINISTRATION § 2-161 ified herein shall commence upon death of event of his disability retirement will the plan member and approval of the be payable on the first day of each pension board. month. The first payment will be made on the first day of the month (e) Disability retirement. following the later to occur of: (1) A member having ten (10) or more years 1. The date on which the disabil- of credited service may retire from the ity has existed for six (6) months, service of the village under the plan if, or prior to his normal retirement date, he 2. The date the board approves becomes totally and permanently dis- abled as defined in subsection {2) hereof. the payment of such retirement Such retirement shall herein be referred income. to as disability retirement. b. The last payment will be: (2) A member will be considered totally dis- 1. If the member recovers from abled if, in the opinion of the board, he is the disability prior to his nor- wholly prevented from rendering useful mal retirement date, the pay- and efficient service as a police officer or went due next preceding the firefighter, and a member will be consid- date of such recovery, or erect permanently disabled if, in the opin- 2. If the member dies without re- ion of the board, such member is likely to covering from his disability or remain so disabled continuously and per- attains his normal retirement manently. date while still disabled, the (3) No member shall be permitted to retire payment due next preceding his under the provisions of this section until death or the one hundred twen- examined by a duly qualified physician or tieth (120th) monthly payment, surgeon, to be selected by the board for whichever is later. that purpose, and is found to be disabled c. Any monthly retirement income pay- . in the degree and in the manner specified ments due after the death of a dis- in this section. Any member retiring un- abled member shall be paid to the der this section shall be examined period- member's designated beneficiary. ically by a duly qualified physician or surgeon or board of physicians and sur- (6) If the board finds that a member who is geons to be selected by the board for that receiving a disability retirement income purpose, to determine if such disability is, at any time prior to his normal retire- has ceased to exist. went date, no longer disabled, as provided (4) The normal form of benefit payable to a herein, the board shall direct that the member who retires with a total and disability retirement income be discontin- permanent disability as a result of a dis- ued. Recovery from disability as used ability commencing prior to his normal herein shall mean the ability of the mem- retirement date is the monthly income ber to render useful and efficient service payable for ten (10) years certain and life as a police officer or firefighter. which can be provided by the single sum (7) If the member recovers from the disability value of the members accrued benefit. and reenters the service of the village as a The disabilityretiree may also choose any police officer or firefighter, his service will of the optional benefits available in sec- be deemed to have been continuous, but tion 2-162 of this plan. the period beginning with the first month (5) a. The monthly retirement income to for which he received a disability retire- which amember is entitled in the went income payment and ending with Supp. No. 22 153 § 2-161 NORTH PALM BEACH CODE the date he reentered the service of the normal retirement date had he remained village will not be considered as credited in full-time employment with the em- service for the purpose of the plan. plover. The member may direct that his (8) Any condition or impairment of health of accrued benefit, reduced as for early re- a member caused by tuberculosis, hyper- tirement, commence at age fifty (50) or tension, heart disease, hardening of the any date thereafter provided his accumu- arteries, hepatitis, or meningococcal men- lated contributions are not withdrawn. ingitis resulting in total or partial disabil- ' ity or death, shall be presumed to be (2) A refund of accumulated contributions to accidental and suffered in the line of duty a member or his beneficiary shall consti- unless the contrary be shown by compe- tute a full and complete discharge of any tent evidence. Any condition or impair- and all rights to claims or benefits under went of health caused directly or proxi- the system by the member or his benefi- mately by exposure, which exposure ciaries. occurred in the active performance of duty at some definite time or place without (g) Cost of living adjustment. The amount of willful negligence on the part of the mem- Pension benefit will be increased or decreased in ber, resulting in total or partial disability, accordance with the changes in the consumer shall be presumed to be accidental and Price index (CPI-W U.S.) published by the U.S. suffered in the line of duty, provided that Bureau of Labor Statistics. Adjustments of pen- such member shall have successfully sion payments will be made on October 1 of each passed a physical examination upon en- Year reflecting the change in the consumer price tering such service, which physical exam- index over the twelve-month period ending April ination including electrocardiogram failed 1. The maximum increase or decrease in the to reveal any evidence of such condition. member's pension benefit for any one (1) year is C In order to be entitled to presumption in three (3) percent. However, the member's pension the case of hepatitis, meningococcal men- benefit can never be reduced below the amount ingitis, or tuberculosis, the member must the member received at date of retirement. Such meet the requirements of F.S. section adjustments shall apply to each retirement, sur- 112.181. The final decision whether amem- vivor or disability benefit in pay status as of each ber meets the requirements for duty dis- October 1. ability pension rests with the board and shall be based on substantial competent (h) Limitation on benefits. In no event may a evidence on the record as a whole. member's annual benefit exceed the limitations of Internal Revenue Code Section 415 as such pro- f) Termination benefits and vesting. visions apply to governmental pension plans. The provisions of Internal Revenue Code Section 415 (1) Each member who terminates employ- that apply to governmental pension plans are went with the employer and who is not hereby incorporated into this plan by reference. eligible for any of the retirement, death, or disability benefits set forth herein shall (Ord. No. 9-82, § 3, 6-10-82; Ord. No. 20-82, § 1, receive from the fund within a reasonable 11-18-82; Ord. No. 1-92, § 3, 2-13-92; Ord. No. time following his date of termination a 6-95, § 1, 3-9-95; Ord. No. 30-95, § 3, 10-12-95; Ord. No. 20-2000, 1, 2, 8-10-00; Ord. No. refund of his accumulated contributions. 08-2001, § 1, 4-12-01) Provided, however, that if at the time of his termination of employment the mem- ber has ten (10) or more years of credited Sec. 2-162. Optional forms of benefits. service, he shall have the option of either receiving his accumulated contributions Each member entitled to a normal, early, dis- or his accrued benefit payable comment- ability or vested retirement benefit shall have the ing at the date which would have been his right, at any time pizor to the date on which Supp. No. 22 154 ADMINISTRATION § 2-162 benefit payments begin, to elect to have his or her benefit payable under any one (1) of the options hereinafter set forth in lieu of benefits provided Sapp. No. 22 154.1 4 1 1 1 1 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 system and, as such, it shall be solely responsible (b) Forfeiture of membership on board for ab- for administering the pension fund. The board senteeism. In the event a member of the board shall have the power and authority: shall fail to attend three (3) consecutive regular 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: shall, at the conclusion of the third such meeting, a. Time or savings accounts of a na- no longer be a member of the board. Such indi- tional bank, a state bank insured by vidual shall not thereafter be eligible for reap- the Federal Deposit Insurance Cor- pointment or election to the board for a period of poration, or a savings, building and two (2) years. Any absence may be excused by the loan association insured by the Fed- board upon a showing that there existed justifi- eral Deposit Insurance Corporation. able reasons for the absence. (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 c. Bonds, stocks, or any other evi- records and rendering reports shall be from Octo- dences of indebtedness issued or guar- ber 1 through September 30. anteed by a corporation organized (d) Board meetings. The board shall meet at under the laws of the United States, least quarterly each year. 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 discrimination 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) shall the aggregate of its invest- Supp. No. 22 157 § 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 tiered, be signed by the chairman and 175, Florida Statutes, multiplied by the gross ~ secretary or their designee, and state upon recei is of remiums from holders of insur P P ante 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 ante. 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~5ection 9 of Ord. No. 1-92, adopted Feb. 13, 1992, repealed former § 2-167, and § 10 of the ordinance the benefits payable hereunder, through 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 fiom Ord. No. 9-82, § 9, adopted June 10, on an actuarial review by an enrolled 19s2. actuary who is a member of the Society of Actuai7es. 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. 22 158 ADMINISTRATION § 2-178 shall issue findings of fact, based on evidence of prove by a preponderance of evidence that record and conclusions of law and shall issue an the alleged violator is guilty of violating order affording the proper relief consistent with the Code section of which he is accused. powers granted herein. The findings shall be by (2) Subpoena alleged violators and witnesses motion approved by a majority of those present to its hearings. Subpoenas may be served and voting, except that at least four (4) members by the village's police department. of the enforcement board must vote in order for the action to be official. The order may include a (3) Subpoena records, surveys, plats and other notice that it must be complied with by a specified material. date and that a fine may be imposed and, under (4) Take testimony under oath. the conditions specified in section 2-178, the cost (5) Issue orders having the force of law com- of repairs may be included along with the fine if manding whatever steps are necessary to the order is not complied with by said date. bring a violation into compliance. A certi- (Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, fled copy of such order maybe recorded in 4-24-80; Ord. No. 16-82, Art. 1V, 9-9-82; Ord. No. the public records of the county, and shall 19-85, § 1, 10-24-85; Ord. No. 18-96, § 2, 5-9-96; constitute notice to any subsequent pur- Ord. No. 04-2000, § 3, 2-10-00) chasers, successors in interest or assigns, if the violation concerns real property, Sec. 2-177. Powers of the enforcement board. and the findings therein shall be binding upon the violator, and, if the violation The enforcement board shall have the power to: concerns real property, any subsequent purchasers, successors in interest or as- (1) Adopt rules for the conduct of its hear- signs. If the order is recorded in the public ings. The chairman of the enforcement records pursuant to this subsection and board hearing shall advise the alleged the order is complied with by the date violator of the Code section of which he is specified in the order, the enforcement accused, and shall first seek to determine board shall issue an order acknowledging if the alleged violator pleads guilty or compliance that shall be recorded in the innocent to such charge. If the alleged public records. A hearing is not required violator admits guilt, then the board shall to issue such an order acknowledging com- hear such testimony and evidence as it pliance. deems necessary to remedy the violation (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8, or punish the offender. If the alleged vio- 4-24-80; Ord. No. 8-90, § 5, 4-12-90; Ord. No. 4-91, lator states he is not guilty of violating § 1, 2-28-91) the village Code [section] in question, then the board shall hear first from the Sec. 2-178. Fines; liens. village, village witnesses and evidence, (a) Generally. The enforcement board, upon and the alleged violator shall have the notification by the code inspector that a previous right to cross examine village witnesses. order of the enforcement board has not been At the close of the presentation of the complied with by the set time or, upon finding village's case against the alleged violator, that the same violation has been repeated by the the alleged violator shall be permitted to same violator, may order the violator to pay a fine present his evidence, testimony of the in an amount specified in this section for each day other witnesses and his own testimony in the violation continues past the date set for com- defense. The village shall have the i7ght pliance, or, in the case of a repeat violation, for to cross examine the alleged violator and each day the repeat violation continues past the his witnesses. The burden of proving the date of notice to the violator of the repeat viola- alleged violation of the village Code as tion beginning with the date the repeat violation described above shall be on the village to is found to have occurred by the code inspector. In Supp. No. 22 163 § 2-178 NORTH PALM BEACH CODE addition, if the violation is a violation described in (d) Copies of orders imposing fines. A certified subsection 2-175(c) the enforcement board shall co of an order im osin a fine or a fine lus PY P g P notify the local governing body, which may make repair costs, may be recorded in the public records all reasonable repairs which are required to bring and thereafter shall constitute a lien. against the the property into compliance and charge the vio- land on which the violation exists and upon any lator with the reasonable cost of the repairs along other real or personal property owned by the with the fine imposed pursuant to this section. violator. Upon petition to the circuit court, such Making such repairs does not create a continuing order may be enforced in the same manner as a obligation on the part of the local governing body court judgment by the sheriffs of this state, in- to make further repairs or to maintain the prop- cluding execution and levy against the personal erty and does not create any liability against the property of the violator, but such order shall not local governing body for any damages to the be deemed to be a court judgment except for property if such repairs were completed in good enforcement purposes. A fine imposed pursuant to faith. If a finding of a violation or a repeat this part shall continue to accrue until the viola- violation has been made as provided in this arti- for comes into compliance or until judgment is cle, a hearing shall not be necessary for issuance rendered in a suit filed pursuant to this section, of the order imposing the fine. If, after due notice ~'~'hichever occurs first. A lien arising from a fine and hearing, a code enforcement board finds a imposed pursuant to this section runs in favor of violation to be irreparable or irreversible in na- the local governing body, and the local governing ture, it may order the violator to pay a fine as body may execute a satisfaction or release of lien hereinafter specified. A fine imposed pursuant to entered pursuant to this section. After three (3) this section shall not exceed two hundred fifty months from the filing of any such lien which dollars ($250.00) per day for a first violation and remains unpaid, the enforcement board may au- shall not exceed five hundred dollars ($500.00) thorize the local governing body attorney to fore- per day for a repeat violation and, in addition, close on the lien or to sue to recover a money judgment for the amount of the lien plus accrued may include all costs of repairs pursuant to sub- interest. No lien created pursuant to the provision section (a). However, if a code enforcement board of this section may be foreclosed on real property finds the violation to be irreparable or irreversible ~,~,hich is a homestead under Article X, Section 4 of in nature, it may impose a fine not to exceed five the State Constitution. The money judgment pro- thousand dollars ($5,000.00) per violation. visions of this section shall not apply to real property or personal property which is covered (b) Determination of amount of fine. In deter- under § 4(a), Art. X of the State Constitution. mining the amount of the fine, if any, the enforce- (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9, went board shall consider the following factors: 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No. 2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90; Ord. (1) The gravity of the violation; No. 18-96, § 3, 5-9-96; Ord. No. 04-2000, § 4, (2) Any actions taken by the violator to cor- 2-10-00; Ord. No. 11-2001, § 1, 4-26-O1) rect the violation; and Sec. 2-179. Duration of lien. i (3) Any previous violations committed by the violator. No lien shall continue for a period longer than twenty (20) years after the certified copy of an (c) Reduction of fcne. The code enforcement order imposing a fine has been recorded, unless board may reduce a fine imposed pursuant to this within that time an action is commenced pursu- section. Afine imposed pursuant to this article ant to section 2-178 of this Code in a court of shall continue to accrue until the violator comes competent jurisdiction. In an action to foreclose into compliance or until judgment is rendered in a on a lien or for a money judgment, the prevailing suit to foreclose on a lien filed pursuant to this party is entitled to recover all costs, including a section, whichever occurs first. reasonable attorney's fee, that it incurs in the Supp. No. 22 164 ADMINISTRATION § 2-181 action. The local governing body shall be entitled ing therein who is above fifteen (15) years to collect all costs incurred in recording and of age and informing such person of the satisfying a valid lien. The continuation of the contents of the notice; or line effected by the commencement of the action shall not be good against creditors or subsequent (d) In the case of commercial premises, leav- purchasers for valuable consideration without ing the notice with the manager or other notice, unless a notice of lis pendens is recorded. person in charge. (Ord. No. 18-96, § 4, 5-9-96; Ord. No. 11-2001, § 2, (2) In addition to providing notice as set forth 4-26-O1) in subsection (1), at the option of the code enforce- ment board, notice may also be served by publi- Sec. 2-180. Appeal. cation or posting, as follows: (a) 1. Such notice shall be published once An aggrieved party, including the village coon- during each week for four (4) cunsec- cil, may appeal a final administrative order of the utive weeks (four publications being enforcement board to the circuit court of the sufficient) in a newspaper of general county. Such an appeal shall not be a hearing de circulation in the county where the novo, but shall be limited to appellate review of code enforcement board is located. the record created before the enforcement board. The newspaper shall meet such re- An appeal shall be filed within thirty (30) days of quirements as are prescribed under the execution of the order to be appealed. chapter 50 of the Florida Statutes (Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, for legal and official advertisements. 4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. 2. Proof of publication shall be made as 2-86, § 3, 3-27-86; Ord. No. 18-96, § 5, 5-9-96) provided in Sections 50.041 and 50.051, Florida Statutes. Sec. 2-181. Notices. (b) 1. In lieu of publication as described in (1) All notices required by this part shall be paragraph (a), such notice may be provided to the alleged violator by: posted for at least ten (10) days prior to the hearing, or prior to the expi- (a) Certified mail, return receipt requested, ration of any deadline contained in provided if such notice is sent under this the notice in at least two (2) loca- paragraph to the owner of the property in tions, one of which shall be the prop- question at the address listed in the tax erty upon which the violation is al- collector's office for tax notices, and at any leged to exist and the other of which other address provided to the local gov- shall be at the primary municipal ernment by such owner and is returned as government office. unclaimed or refused, notice may be pro- 2. Proof of posting shall be by affidavit vided by posting as described in subpara- of the person posting the notice, which graphs (2)(b)1. and 2. and by first class affidavit shall include a copy of the mail directed to the addresses furnished notice posted and the date and places to the local government with a properly of its posting. } executed proof of mailing or affidavit con- firming the first class mailing; (c) Notice by publication or posting may run concurrently with, or may follow, an at- (b) Hand delivery by the sheriff or other law tempt or attempts to provide notice by enforcement officer, code inspector, or other hand delivery or by mail as required un- person designated by the local governing der subsection (1). body; Evidence that an attempt has been made to hand (c) Leaving the notice at the violator's usual deliver or mail notice as provided in subsection place of residence with any person resid- (1), together with proof of publication or posting t Supp. No. 22 165 § 2-181 NORTH PALM BEACH CODE ~ as provided in subsection {2) shall be sufficient to ~ show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10, 4-24-80; Ord. No. 8-90, § 7, 4-12-90; Ord. No. 18-96, § 6, 5-9-96; Ord. No. 04-2000, § 5, 2-10-00) C [The nest page is 211] Supp. No. 22 166 BOATS, DOCKS AND WATERWAYS § 5-83 Sec. 5-82. Generally. c. Wood piling is to be minimum ten- inch butt diameter and the treat- (a) Docks, piers, mooring buoys and anchors, ment shall conform to AWPB MP1, boat davits and other boat-lifting devices and MP2 or MP4. Pile cutoff shall be other approved structures shall be owned and treated in accordance with AWPA constructed only by the upland landowner. M4. (b) Boat davits and other boat-lifting devices d. All piling are to be set a maximum of shall require a building permit. ten (10) feet on center for timber (c) Docks, piers, mooring buoys and anchors deck construction. and other waterside structures shall require a building permit. (2) .Stringers and bracing. Stringers and brac- (Code 1970, § 11-33; Ord. No. 3-71, § 2; Ord. No. ing, if lumber, shall be a minimum two- 10-2000, § 1, 4-13-00) inch by eight inch. Sec. 5-83. Minimum design requirements. (3) Decking. Decking, if lumber, shall be a minimum two-inch by six-inch. (a) Coverings. Any sun, wind or weather cov- ering to be constructed over a dock or pier shall (4) Fasteners. require a permit and shall be classified as a a. All bolts, nuts, washers and nails canopy and shall meet the building code as such. shall be hot dipped galvanized or zinc plated or equal. (b) Decking elevation. The main deck of a dock or pier shall be placed at a minimum of three and b. Stringers and braces shall be fas- five-tenths (3.5) feet above mean sea level. The tened with minimum one-half inch steps from the ground or bulkhead cap shall not bolts. exceed seven (7) inches for each step. (5) Dock lumber. All dock lumber shall be (c) Wave break. The bottom wave breaking pressure treated or equal. stringer shall not extend below mean low water. (d) Floating docks. Free-standing piling for (6) Concrete strength. All concrete shall be a floating docks shall be a minimum schedule 40, minimum strength of thirty-five hundred six-inch diameter, pea rock concrete filled steel (3,500) psi in twenty-eight (28) days. pipe or six-inch plastic pipe filled with pea rock (7) Blocks. If dock is to be supported by a concrete and two (2) equally spaced number four bulkhead, four-inch by four-inch blocks or reinforcing bars, suitably tied. Attaching rings equal shall be bolted to bulkhead wall; shall be steel or chain. Smaller piling may be stringer shall be bolted to four-inch by allowed when properly structurally designed. four-inch blocks. (e) Construction material. Construction mate- Structural equivalents permitted. Docks and rial for piers and docks shall meet the following piers of other design and material maybe permit- requirements: ted when structurally equivalent to the above. (1) Piling. a. Minimum bottom penetration is to (g) Commercial docks and piers. All commer- be six (6) feet. cial docks and piers are to be designed by a Florida registered professional engineer. b. Concrete piling is to be minimum eight-inch by eight-inch or eight- (h) Fixed, reinforced concrete construction re- inch diameter reinforced with four quired in certain cases. All docks and piers to be (4) number five (5) rods with number constructed in Lake Worth and the Atlantic Ocean two (2) hoops eight (8) inches on shall be of reinforced concrete construction and be center. fixed docks and piers. Supp. No. 22 329 § 5-83 NORTH PALM BEACH CODE (i) Dolphins and tie poles. (2) In regard to construction waterside of any (1) Bottom penetration is to be a minimum of lot having fifty-foot or less frontage on the six (6) feet. water, docks shall not be placed within five (5) feet of the side property line ex- (2) Mateizals and construction are to be the tended. same as dock and pier pilings. (3) In regard to construction waterside of any (j) Commercial marinas. All fixed docks and lot having greater than fifty-foot frontage piers to be constructed in commercial marinas on the water, docks shall not be placed shall be concrete or equal. within ten (10) feet of the side property (k) Batter piles. line extended. (1) Batter piles are to be designed by a Flor- (4) Dead end lagoon. In regard to construc- t ida registered professional engineer. tion waterside of any platted lot at the dead end of a lagoon, a dock or a pier may (2) Batter piles are to be constructed of pre- be placed zero (0) feet from the side prop- stressed concrete. erty line extended when all the following 3 A buildin ermit shall be re uir r' requirements are complied with: O g p q ed for P to construction for all batter piles. a. The lot/lots shall be in a R-1 Single Family Dwelling District. (4) Batter piles shall be installed only under the following conditions: b. Building permits shall be obtained a. Obstructions prevent use of stan- as required by section 5-82 of this dard tiebacks and anchors to rein- chapter. force bulkheads. c. At least one (1) lot shall have less b. Existing bulkhead has failed or is in than seventy-five (75) feet frontage danger of failing. on the water. c. Not to be used in the construction of d. A dock or pier, but not both, shall be new bulkheads. constructed at the same time on both (5) Base of batter ile shall extend amaxi- sides of the common property line in p~ question. The dock or pier on a lot mum of five (5) feet from the waterside shall be structurally independent of face of the bulkhead. the dock or pier on the adjacent lot. (Code 1970, § 11-34; Ord. No. 4-74, § 1; Ord. No. (5) Docks shall extend a maximum of five (5) 35-90, 2-6, 9-27-90) feet out from the face of the bulkhead wall. Sec. 5-84. Regulations governing construc- tion in waters other than Lake (6) Piers not exceeding six (6) feet in width Worth and Atlantic Ocean. may extend waterside a maximum of fif- teen (15) feet in lagoons, twenty (20) feet All docks or other approved structures to be constructed waterside of bulkheads or land in the in the North Palm Beach Waterway and lagoons, waterways or other bodies of water in the Prosperity Harbor, twenty-five (25) feet in West Lake and forty (40) feet in North village, other than the waters of Lake Worth and Lake and not more than twenty-five (25) the Atlantic Ocean, shall be constructed in actor- percent of the waterway width of the dance with the following requirements and regu- Earman River; provided however, that, a lations: pier may extend waterside a maximum of (1) Prior to a permit being issued by the fifty-five (55) feet when connected with a village, a permit shall be obtained from commercial marina operation in a com- such other authority that has a vested mercial zoned piece of property so long as interest in the waterway. said construction leaves a minimum clear Supp. No. 22 330 BOATS, DOCKS AND WATERWAYS § 5-85 water distance of forty (40) feet between Sec. 5-85. Regulations governing construc- the pier and any opposite bulkhead or tion in Lake Worth and Atlantic water structure which may be constructed Ocean. in accordance with this chapter. Piers located in the Earman River may be con- All piers, docks or other approved structures to strutted with "L" or "T" heads provided be constructed waterside of the bulkhead line or the maximum allowable length waterside land of the village in Lake Worth, or the mean is reduced by twelve (12) feet. No pier low-water mark of the Atlantic Ocean, shall meet shall be located closer to the side property the following regulations and requirements: line extended than its extension water- (1) The design of any pier to be constructed side. under the provisions of this division shall (7) In lagoons, dolphin poles, wave breaks, be performed by an engineer registered in the state, and detailed construction draw- mooring posts, mooring buoys or floating ings shall be submitted bearing the certi- anchors shall be placed a maximum of fication and seal of such engineer. twenty (20) feet from the face of the bulk- head or the shore. Wave breaks shall be (2) Prior to a permit being issued by the allowed only at lagoon entrances opening village, a permit shall be obtained from into Lake Worth. such other authority that has a vested interest in the waterways. Nothing con- (8) In the North Palm Beach Waterway and tained in this division shall be construed Prosperity Harbor, .dolphin poles, mooring to affect the rights or obligations con- posts, mooring buoys or floating anchors netted with spoil areas located in Lake shall be placed a maximum of thirty (30) Worth within one hundred (100) feet feet from the face of the bulkhead or the lakeward of the bulkhead line referred to shore. above and the granting of a permit by the (9) In the Earman River, dolphin poles, wave village does not release the applicant from breaks, mooring posts, mooring buoys or personally determining what, if any, ef- floating anchors shall be placed not more fect such spoil areas may have upon any than twenty-five (25) percent of the wa- construction done in accordance with this terway width from the bulkhead or the division. shore. Wave breaks shall be allowed only (3) No pier shall extend beyond a line fifty at the entrance to Lake Worth. (50) feet waterside from and parallel to (10) In West Lake and North Lake, dolphin the bulkhead line of the village. poles, mooring posts, mooring buoys or (4) The centerline of all piers shall be on a floating anchors shall be placed amaxi- uniform alignment. mum of fifty (50) feet from the face of the (5) Piers may be constructed with "L" heads bulkhead or the shore. or "T" heads of fifty (50) feet. A finger pier (11) Dolphin or mooing post location shall be shall not exceed twenty-two (22) feet in inside the side property line extended and length and shall be a maximum of six (6) shall be determined by the building de- feet and a minimum of three (3) feet in partment. width. (12) In no instance shall any structure extend (6) No point on any pier shall be closer than more than twenty-five (25) percent of the twenty (20) feet to either side property width of the water. line projected along a line parallel to the (Code 1970, § 11-35; Ord. No. 3-71, § 2; Ord. No. pier center line or closer than forty (40) 6-73, § 1; Ord. No. 36-95, 1, 2, 12-14-95; Ord. feet to any part of another pier. No. 28-98, 1-3, 12-10-98; Ord. No. 09-2001, (7) All piers and docks shall be constructed § 1, 4-12-01) with all major components including pil- Supp. No. 22 331 § 5-85 NORTH PALM BEACH CODE ing, beams, decks, etc., constructed of sections of the village Code, the board of adjust- reinforced concrete. Piers shall have a ment must find the factors set forth in F.S. section maximum width of ten (10) feet, and a 163.225(3)(a), (b), (c): minimum width of six (6) feet. "(3) (a) To authorize upon appeal such vari- (8) Dolphins or mooring posts may be in- ante from the terms of the ordinance as stalled adjacent to piers, with location to will not be contrary to the public interest be determined by the building depart- when, owing to special conditions, alit- ment. eral enforcement of the provisions of the ordinance would result in unnecessary (9) In regard to construction waterside of any and undue hardship. In order to authorize lot having fifty (50) feet or less frontage on any variance from the terms of the ordi- thewater, docks shall not be placed within nance, the board of adjustment must find: five (5) feet of the side property line ex- "1. That special conditions and circum- tended. stances exist which are peculiar to (10) In regard to construction waterside of any the land, structure, or building in- lot having greater than fifty (50) feet volved and which are not applicable frontage on the water, docks shall not be to other lands, structures, or build- placed within ten (10) feet of the side ings in the same zoning district; property line extended. " 2. That the special conditions and cir- cumstances do not result from the (11) Freestanding wave breaks shall not be actions of the applicant; permitted. " 3. That granting the variance requested (12) Mooring buoys and anchors shall be de- will not confer on the applicant any signed and located in such a manner as to special privilege that is denied by not allow the moored vessel to cross the this ordinance to other lands, build- side property lines extended. Mooring ings, or structures in the same zon- buoys and anchors shall be located paral- ing district; lel to the bulkhead no more than one "4. That literal interpretation of the pro- hundred fifty (150) feet from the bulk- visions of the ordinance would de- head. No live-aboards are allowed. The prive the applicant of the rights com- upland land owner shall not moor or an- monly enjoyed by other properties in chor more than one (1) boat. the same zoning district under the (Code 1970, § 11-36; Ord. No. 3-71, § 2; Ord. No. terms of the ordinance and would 35-90, 7, 8, 9-27-90; Ord. No. 13-98, § 2, work unnecessary and undue hard- 5-14-98; Ord. No. 11-99, § 3, 2-11-99; Ord. No. ship on the applicant; 10-2000, § 2, 4-13-00) "5. That the variance granted is the Sec. 5-86. Variances. minimum variance that will make possible the reasonable use of the The board of adjustment created and described land, building or structures; in section 21-21 of this Code shall have the power "6. That the grant of the variance will to authorize upon appeal such variance from the be in harmony with the general in- terms of section 5-85(3) as will not be contrary to tent and purpose of the ordinance ' the public interest when, owing to special condi- and that such vai7ance will not be tions, a literal enforcement of the provisions of injurious to the area involved or oth- those sections of the village Code as they pertain erwise detrimental to the public wel- to properties located on Lake Worth will result in fare. unnecessary and undue hardship. In order to authorize any variance from the terms of those Supp. No. 22 332 BUI,HIIEAD LINES § 7-18 ARTICLE I. IN GENERAL Worth or other tidal waters within the limits of the village without first having received a permit Sec. 7-1. Established; designated. therefor from the village council. All filling shall be made in accordance with the plans and speci- There is hereby established a comprehensive fications designated in the application for such system of bulkhead lines in the waters of Lake permit. Worth and other tidal waters within the territo- (Code 1970, § 7-3) rial limits of the village, and such bulkhead lines shall be along the lines indicated and shown in Sec. 7-17. Public hearing prerequisite to con- red on the maps attached hereto, made a part hereof, and which are marked respectively bulk- sideration. head maps nos. 1, 2, 3 and 4. (a) Before any petition or application for a (Code 1970, § 7-1) permit to fill or dredge submerged lands located Editor's note-Copies of the bulkhead maps mentioned in within the corporate limits of the village may be § 7-1 are attached to Ord. No. 61 and are on file and available considered by the village council, the advisability for public inspection in the offices of the village. of issulrig such permit shall be considered at a Sec. 7-2. Filling operations beyond bulk- Public hearing at least ten (10) days prior to the head line; prohibited. meeting at which such petition or application shall be considered by the village council. No fill shall be made, deposited or maintained in the waters of Lake Worth or other tidal waters (b) Notice of the public hearing shall be given within the territorial limits of the village, not less than ten (10) days prior to the public waterward or outward from any shoreline, in hearing by means of the village newsletter or such a manner so that such fill shall extend other direct mail to all residents of the village and beyond any bulkhead line as established and also by posting in three (3) conspicuous places in designated on the bulkhead maps referred to in the village, one (1) of which places shall be at the section 7-1 above. village hall. (Code 1970, § 7-2) (c) The terms of this chapter shall be in addi- tion to any terms set forth in this Code which are Sec. 7-3. Unlawful fill; removal. concerned with applications for dredge and fill Any fill which shall be made contrary to the permits, and shall not be considered to be in lieu provisions of this chapter shall be unlawful and of any requirements contained herein. subject to removal upon order of the village coun- (Code 1970, § 7-3.1; Ord. No. 194-69, 1-3) cil. (Code 1970, § 7-7) Sec. 7-18. Application; issuance. (a) Applications for the permit required by this Secs. 7-4-7-15. Reserved. article shall be in writing and directed to the village clerk and shall be accompanied by a ARTICLE II. FILLING PERMIT* surveyor's sketch plan of what is proposed to be done and shall also show the details of any proposed construction, the proposed area to be Sec. 7-16. Required. filled, the area to be dredged for procuring fill No person may make or deposit any fill or materials, if the proposed construction is in- undertake the filling, creation or extension of tended to be created from dredged material, and land by pumping, dredging, pumping sand, rock such other information and data as may be perti- or earth or otherwise within the water of Lake vent to the proposed filling. 'Cross references-Regulations for marine sanctuaizes, (b) In the event such application be found by § 5-1o1(d>; licenses and miscellaneous business regulations, the village council not to be violative of any Ch. 17. statute, zoning law, ordinance or other restriction Supp. No. 22 455 § 7-18 NORTH PALM BEACH CODE which may be applicable thereto, or that no harm- ful obstruction to or alteration of the natural flow of the adjacent navigable waters will arise from the proposed construction, or that no harmful or increased erosion, shoaling of channels or stag- nant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefrom, a permit shall be granted to the applicant, subject, how- ever, to approval by the trustees of the internal improvement fund of the state and by the U.S. Arm Cor s of En 'neers. Y p ~ (Code 1970, ~ 7-4) Sec. 7-19. Application fees. Each application for a permit required by this article submitted to the village clerk shall be accompanied by a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, appli- cants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Each change in plans and specifications subse- quent to the issuance of a permit shall be the subject of a new or supplemental application and a like fee shall be paid upon the filing of such application as was paid in the case of the original application. (Code 1970, § 7-5; Ord. No. 06-2001, § 1, 3-22-O1) State law reference-Authority to set fees, F.S. § 253.125. Sec. 7-20. Expiration date; renewal; revoca- tion. (a) All permits issued under this article shall be valid for a period of two (2) years from the date thereof, but shall be automatically revoked if the proposed work is not completed within such pe- riod except for good cause shown. (b) The renewal of any permit pr7or to sixty (60) days after its expiration may be granted. (c) For violation of or noncompliance with the terms of a permit, such permit may be revoked after notice of intention to do so has been commu- nicated to the holder and opportunity afforded within a reasonable time for a hearing thereon. (Code 1970, § 7-6) Supp. No. 22 456 LThe next page is 507] Chapter 8 EMERGENCY MANAGEMENT* Art. I. In General, 8-1-8-20 Art. II. Civil Disorders and Disturbances, 8-21, 8-22 J 'FEditor's note-Ord. No. 16-O1, 1-3, adopted June 28, 2001 has re-enacted this chapter and replaced former Chapter 8 with the similar provisions as currently set out herein. Former Chapter 8 was entitled "Civil Emergencies" and derived from the original Code. Cross reference-Administration generally, Ch. 2. State law reference-Disaster preparedness, F.S. Ch. 252. Supp. No. 22 507 i it EMERGENCY MANAGEMENT § 8-5 ARTICLE I. IN GENERAL public services building will serve as a back-up village emergency operations center should the Sec. 8-1. Definitions. need arise. (Ord. No. 16-2001, § 1, 6-28-01) As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: Sec. 8-4. Powers, duties and responsibili- ties. Disaster means any natural, technological or civil emergency that causes damage of sufficient (a) The village manager, when acting as direc- severity and magnitude to result in the declara- for of emergency management shall have the tion of a state of emergency by the county, the following powers, duties and responsibilities: governor or the President of the United States. (1) Recommend a declaration of local emer- Emergency means any occurrence, or threat gency pursuant to section 8-5. To inform thereof, whether natural, technological, or man the Village Council of the reasons for and made, in war or in peace, which results or may status of the event(s) requiring the decla- result in substantial injury or harm to the village ration. population or substantial damage to or loss of property. (2) To direct the creation, revision and exer- cise of a village comprehensive emergency Emergency management means the prepara- management plan for the mitigation of, tion for, the mitigation of, the response to, and preparation for, response to, and recovery recovery from emergencies and disasters. from emergencies, and to exercise all pow- (Ord. No. 16-2001, § 1, 6-28-01) ers permitted by F.S. chapter 252. Sec. 8-2. Applicability. (3) To direct the efforts of emergency services personnel in preparation for, response to, All officers, employees, contractors, vendors, and recovery from emergency conditions. boards, commissions, authorities, and other agen- cies of the village are subject to the provisions of (4) To recommend a budget to the village this chapter. council for the creation and maintenance (Ord. No. 16-2001, § 1, 6-28-01) of an emergency response capability as provided herein. Sec. 8-3. Emergency management structure. (5) To recommend emergency regulations nec- (a) The village manager or his designee shall essary for the protection of life and prop- perform the function of director of emergency erty, establishment of public order, and management and shall implement, manage and control of adverse conditions affecting pub- report on all actions authorized and taken on the lic welfare resulting from an emergency, provisions of this chapter. to the mayor and/or village council. (Ord. No. 16-2001, § 1, 6-28-O1) (b) Duties as director of emergency manage- ment shall include the on-going planning for and coordination of those actions necessary for the Sec. 8-5. Declaration of a state of emer- creation and maintenance of a village comprehen- gency. sive emergency management plan and of an effec- tive emergency response capability to prepare for (a) The mayor, vice mayor or village manager, and manage emergency conditions. in the order named, shall have the authority to declare a local state of emergency. Upon the (c) The public safety building's multi-purpose absence or unavailability of the mayor, vice mayor room shall serve as the village emergency opera- or village manager, the acting village manager tions center as necessary. The department of may issue such a declaration. Supp. No. 22 509 § 8-5 NORTH PALM BEACH CODE (b) Any declaration of a local state. of ewer- (6) Rental of equipment. gency and all emergency regulations activated (7) Acquisition and distribution, with or with- under the rovisions of this cha ter shall be P P out compensation, of su lies materials PP c n o firmed b the villa e council b resolution no Y g Y and facilities. later than the next regular meeting, unless the nature of the emergency renders a meeting of the (8) Appropriation and expenditure of public village council extremely impractical. Confirma- funds. tion of the emergency declaration shall disclose (Ord. No. 16-2001, § 1, 6-28-01) the reasons for, and anticipated impacts of, ac- tions proposed and taken to manage the ewer- Sec. 8-6. Termination of a state of emer- gency and other pertinent data relating to the gency. emergency requiring the declaration. A state of emergency shall be terminated by a (c) Emergency resolutions authorized under vote of the village council if practicable upon the this chapter shall include but not be limited to the certification of the person who originally re- following subject: quested the declaration of the state of emergency, that the conditions leading to or causing the Resolution subject emergency no longer exist and the village's de- A Evacuation partments are able to manage the situation with- B Curfews: declaration of areas off limits out extraordinary assistance; provide that a state C Suspension or regulation of the sale of, or of emergency established under F.S. section 252.38 offer to sell, with or without consideration: et seq., shall terminate at the end of a period of Alcoholic beverages, ammunition, firearms, explosives, or combustibles seven (7) consecutive days after the declaration of D Suspension of local building regulations the emergency, unless prior to the end of the E Emergency procurement procedures seven-day period, the public official calling for or F Regulating the use of and rationing of fuel, ice the village council has terminated such state of and other essentials emergency. Any extension of the seven-day time (d) A local state of emergency, when declared Period must be accomplished by a request from as provided herein, shall continue in effect from the public official and concurrence of the village day to day for a period of seven (7) days unless council by duly enacted resolution. declared terminated prior to the passage of seven (Ord. No. 16-2001, § 1, 6-28-01) (7) days; should the local state of emergency be of a duration longer than seven (7) days, the decla- Secs. 8-7-8-20. Reserved. ration maybe extended, as necessary, in seven (7) day increments. ARTICLE II. CIVIL DISORDERS AND (e) When a local state of emergency is declared DISTiTR,BANCES under this article the village has the power and authority to waive the procedures and formalities Sec. 8-21. Mayor designated local authority otherwise required by law pertaining to: for preservation of public peace. I (1) Performance ofpublic work in takingwhat- The mayor is hereby designated the local au- ever rudent action is necessar to ensure P Y thority for preservation of the public peace, pur- the health, safety and welfare of the vil- suant to F.S. section 870.041. lage. (Ord. No. 16-2001, § 2, 6-28-01) (2) Entering into contracts. Sec. 8-22. Declaration of a state of emer- (3) Incuri~ng obligations. gency. (4) Employment of permanent and tempo- rary workers. (a) Whenever the director of public safety de- termines that there has been an act of violence or (5) Utilization of volunteer workers. a flagrant and substantial defiance of, or resis- Supp. No. 22 510 EMERGENCY MANAGEMENT § 8-22 tance to, a lawful exercise of public authority and circuit court, and delivered to local news media that, on account thereof, there is reason to believe for publication and radio and television broad- that there exists a clear and present danger of a cast. riot or other general public disorder, widespread (Ord. No. 16-2001, § 2, 6-28-01) disobedience of the law, and substantial injury to persons or property, all of which constitute an imminent threat to public peace or order and to the general welfare of the village or a part or parts thereof, he shall certify to the village man- ager, in writing, who in turn shall certify to the Mayor, in writing, that an emergency exists within the village or any part or parts thereof. (b) Whenever a state of emergency is declared as stated above, the measures listed in F.S. sec- tion 870.44 shall automatically be invoked. (c) Any declaration of a state of emergency under this section shall be confirmed by the village council through the village manager as soon as practical following the issuance of the declaration. Confirmation shall include the rea- sons for, anticipated impacts of, actions proposed and taken to manage the emergency, and other pertinent data relating to the declaration. (d) Whenever a state of emergency is declared under this section, the discretionary emergency measures listed in F.S. section 870.045 may be invoked in whole or in part, with limitation and conditions as may be deemed appropriate. (e) A state of emergency, when declared as provided herein, shall commence upon the decla- ration thereof and .shall terminate at the end of seventy-two (72) consecutive hours, unless, prior to the end of such 72-hour period, the director of public safety shall have recommended termina- tion of the emergency. An extension of the seventy- two (72) hour period must be accomplished by request of the director of public safety and con- currence of the village council, by duly enacted resolution. (f) Upon the declaration of a state of emer- gency under this section, a written notice of such declaration shall be posted on the main bulletin board in village hall, and as promptly as practical, a notice of declared state of emergency shall be filed in the office of the village clerk or clerk of the Supp. No. 22 511 LThe next page is 559] t COUNTRY CLUB § g-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, (1) Disfiguration and/or removal of building driving range and the winter club. 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- thebark 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- contizvance 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. 22 561 § 9-2 NORTH PALM BEACH CODE j 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 I~ and 9-2. terms of the three (3) members of the board whose expiration date is scheduled to be September 30, (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, A,•t. II from Administrative Board to Advisory elect the officers from among its members at the Board. first regular meeting in October of each year. The Cross reference-Administration generally, Ch. 2. presence of four (4) members shall constitute a Supp. No. 22 562 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) 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, 1x90 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 Sec. 9-21. Duties. one-half (h/z) percent of the amount due for each 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. 22 563 § 9-32 NORTH PALM BEACH CODE 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. it No. 9-71, § 9; Ord. No. 3-76, § 1, 3-11-76) C I Supp. No. 22 564 [The neat page is 615] LIBRARY § 16-22 ARTICLE I. IN GENERAL Sec. 16-18. Vacancies. In the case of vacancy on the library board by Sec. 16-1. Unlawful to damage property. resignation, removal or otherwise, the village council shall fill such vacancy for the unexpired No person shall trespass, cause injury to, or term. destroy any library grounds, rooms, books or (Code 1970, § 19.5-13) other property constituting a part of the munici- pal library system of the village or violate any of Sec. 16-19. Qualifications. the bylaws or regulations adopted by the library board and approved by the village council relative Members of the library board shall be residents to operation of such municipal library system. of the village; however, neither the mayor nor any (Code 1970, § 19.5-1) member of the village council shall be eligible to be a member of the board. (Code 1970, § 19.5-14) Secs. 16-2-16-15. Reserved. Sec. 16-20. Service without compensation. ARTICLE II. LIBRARY BOARD No member of the library board shall receive any pay or compensation for any services ren- dered as a member of such board. Sec. 16-16. Established. (Code 1970, § 19.5-15) There is hereby established a library board for Sec. 16-21. Organization. the village. (Code 1970, § 19.5-11) The members of the library board shall, imme- diately after their appointment, meet and orga- nize by electing one (1) of their members as Sec. 16-17. Composition; appointment; term chairman and such other officers as the board of office. may deem necessary. Three (3) members of the board shall constitute a quorum. The board may (1) The library board shall consist of five (5) make and adopt such bylaws, rules and regula- members and two (2) alternates who shall be tions for their own guidance and for the govern- appointed by the village council. Upon the effec- ment and operation of any municipal library and tive date of this ordinance, the three (3) members reading room in the village as they may deem then serving on the board and whose term expires expedient, subject to the approval, supervision April 30, .1996, and the two (2) members then and control of the village council and not incon- serving on the board and whose term expires sistent with law. Apri130, 1997, shall continue and not be affected (Code 1970, § 19.5-16) by this ordinance. Thereafter, regular members of the board shall be appointed for a term of two (2) Sec. 16-22. Powers and duties. years or until their successors have been ap- pointed and qualified. (1) The board shall serve in an advisory capac- ity to the village council and make recommenda- (2) The two (2) alternates shall each serve one tions as to present and future activities, planning, (1) year terms. Alternate members of the board programs, capital improvements and facilities and shall be appointed on the same day that regular other matters relating to the overall function and members are appointed. Alternate members shall operation of the municipal library of the village. be appointed as first alternate and second alter- The board is not charged with the duty of ascer- nate and shall serve in that order when required. taining costs or method of implementation of (Code 1970, § 19.5-12; Ord. No. 16-95, § 1, 6-22- their proposed plans; however, the board should 95) consider the needs of all residents of the village. Supp. No. 22 ggg § 16-22 NORTH PALM BEACH CODE ( - The board shall have the power to call upon the village manager, or his designee, for information and advice. The board's recommendations to the village council shall be in writing and shall state the basis or reasons for such recommendations. (2) The board shall also perform any other duties which may be assigned to it by the village council and the board shall act within thirty (30) days of the date of reference, unless the village council otherwise states. (Code 1970, § 19.5-17; Ord. No. 2-94, § 1, 2-10-94) ~ Sec. 16-23. Meetings. The board shall meet and shall schedule a regular meeting at least once per month. In addition, the chairman may call special meetings and special meetings may be called by written notice signed by at least three (3) members of the board. Minutes shall be kept of all. meetings. Notice of all meetings shall be posted in accor- dance with the procedures established by the village council. All meetings shall be open to the public. The board shall enact or adopt rules for j the conduct of its meeting. All members shall be apprised of the applicability of the "Sunshine Law" to the board and its members. (Code 1970, § 19.5-18; Ord. No. 2-94, § 2, 2-10-94) Sec. 16-24. Removal from office. If a member of the advisory board or a desig- nated alternate of the board is absent from three (3) regularly-scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman of the board shall promptly notify the village council. The council may thereafter declare the member's office vacant ~ and promptly fill such vacancy for the unexpired i term of office. (Code 1970, § 19.5-19; Ord. No. 18-2001, § 3, 6-28-O1) Supp. No. 22 1000 [The next page is 1051] OFFENSES AND MISCELLANEOUS PROVISIONS § 19-210 tense. For any alarm system existing prior to the (8) The name, address and telephone number effective date of the ordinance from which this of the person or entity providing mainte- article derived, an alarm permit application shall nance and repair service to the alarm; be made within sixty (60) days from notification by the village to the alarm user. Alarm system (9) An agreement by the alarm user, binding permits shall first issue for the period from Au- upon the alarm user's heirs and succes- gust 1, 1993, to January 1, 1995, and on an sors in interest, to promptly pay or law- annual basis thereafter. fully contest any penalties assessed against (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, the alarm user for an excessive number of 4-22-93; Ord. No. 14-93, § 1, 6-10-93) false alarms as described in this article. Sec. 19-209. Application for alarm system (b) An amended application shall be filed within ten (10) days after any change in the information permit. provided in the application. Upon such amend- (a) Applications for alarm system permits shall ment, a new alarm permit shall be issued without be made to the director of public safety on forms charge or fee. provided by the public safety department. The application shall be signed by the alarm user and (c) Failure to comply with any items in section shall provide the following information: 19-209(a), and (b), shall result in a service fee of twenty-five dollars ($25.00) per incident. This fee (1) Name, address and telephone number of shall be assessed at time of discovery unless, it is the alarm user; being disclosed at time of permit renewal. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, (2) Address and telephone number of the 4-22-93) alarm user's premises or building to be served by the alarm; Sec. 19-210. Term of permit; fee; nontrans- (3) The name, address and telephone number ferable. of the person or persons in charge of the premises or building served by the alarm; (a) An individual alarm system permit shall be issued to single family residences. (4) If not the alarm user, the name, address and telephone number of the property (b) An individual alarm system permit shall be owner; issued to any occupant of a multi-unit dwelling or (5) The names, address and telephone num- commercial building wishing to install aperson- bers of two (2) persons that shall respond alined alarm system within the building already to assist public safety personnel at the Permitted for is controlled by a single person or site of the alarm in case of problems. entity residing or leasing within the building, These persons must be available for twenty- that may already possess an alarm system permit as described in section 19-210(c). four (24) hour per day contact and re- spond within one (1) hour if requested. (c) In multi-unit structures, whether residen- These persons are required to possess the tial or commercial, an individual alarm system authority to access and inspect the pre- permit shall be issued for an alarm system that is raises in order to evaluate any problems used as a common alarm system throughout the and make an official report if necessary. premises. (6) The name, address and telephone number ofthe person or entity installing the alarm; (d) The alarm system permit shall be issued the alarm user by the director of public safety (7) The name, address and telephone number prior to the alarm system being placed into ser- of the person or entity monitoring the vice. The fee for this permit is twenty-five dollars alarm; ($25.00) and shall be renewed each calendar year. Supp. No. 22 1239 § 19-210 NORTH PALM BEACH CODE ~ - (e) The public safety department shall issue a a violation of this section. No person shall allow, decal specifying the permit number with each permit, cause, or fail to prevent, the emission, for permit issued. The alarm user shall post the any reason, by any alarm used by him, or any initial decal prominently on or near the front alarm serving premises or a building occupied entrance to the premises such that the permit and controlled by such person, of more false number provided on the decal is visible from alarms as cited in section 19-213(1) and (2) within outside the structure. the calendar year. (f) Any alarm system permit issued pursuant (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, to this article shall not be transferable or assign- 4-22-93) able and shall cover only one (1) building or Sec. 19-213. False alarm service charge; col- premises. lection. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93; Ord. No. 36-2000, § 1, 11-14-00) An alarm user shall pay the following fees to the village for responses to excessive false alarms Sec. 19-211. Issuance of alarm system per- by the public safety department within the calen- mit. dar year. An alarm system permit shall be issued to the (1) In a single alarm user premise, there alarm user by the director or public safety within shall be no charge for a response to the thirty (30) days after receipt of the completed first three (3) alarms within the calendar application by the director of public safety. An year. alarm system permit shall be denied if: (2) In a multi-unit structure where an alarm (1) The requested information is not supplied system permit has been issued fora com- on the application. mon alarm system, the no charge sched- ule of service fees reference false alarms (2) Material information on the application is within the calendar year scale will be as incorrect. follows: (3) Any person or entity listed on the appli- cation under items (a)(6), (7), (8) of section 19-209 does not possess any required oc- 2-20 units -Three (3) no charge cupational or regulatory license to con- false alarms duct the activities required by items (a)(6), 21-40 units -Four (4) no charge (7), (8), unless the person or entity is the false alarms alarm user. 41-60 units -Six (6) no charge false The department of public safety shall give alarms notice of the permit expiration date and need for 61-80 units -Eight (8) no charge renewal. Application for renewal will require a false alarms Twenty-five ($25.00) dollar permit renewal fee 81-100 units -Ten (10) no charge and updated information required in section 19- false alarms 209, items (a)(1) through (9). 101-120 units -Twelve (12) no charge (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, false alarms 4-22-93; Ord. No. 13-2001, § 1, 5-10-01) 121 or more units -Fifteen (15) no charge false alarms Sec. 19-212. Excessive false alarms declared (3) There shall be a service fee charge of fifty a public nuisance. dollars ($50.00) for response to any false The emission of false alarms within the Galen- alarm in excess of the allotted no charge dar year as cited in section 19-213(1) and (2) is false alarms within the calendar year as excessive and constitutes a serious public nui- listed in section 19-213(1) and (2). sance, and is hereby declared to be unlawful and Supp. No. 22 1240 i PARKS, PLAYGROUNDS AND RECREATION § 20-61 Sec. 20-32. Form. (5) That the facilities desired have not been reserved for other use at the day and hour The permit required by section 20-31 shall be required in the application. in such form as may be established by the recre- (Code 1970, § 25-19; Ord. No. 201-69, § 8) ation director. (Code 1970, § 25-17; Ord. No. 201-69, § 6) Sec. 20-35. Appeal from refusal to issue. Sec. 20-33. Application. (a) Within five (5) days after receipt of an An application for a permit required by section application, the recreation director or village man- - 20-31 shall contain the following items: ager shall apprise an applicant, in writing, of his reasons for refusing a permit required by this (1) The name and address of the applicant. division. t2) The name and address of the person, corporation or association sponsoring the (b) Any aggrieved person shall have the right activity, if any. to appeal, in writing, within five (5) days to the village council, which shall consider the applica- (3) The day and hours for which the permit is tion under the standards set forth in section 20-34 desired. and sustain or overrule the recreation director's (4) The park or portion thereof for which such or village manager's decision within seven (7) permit is desired. days. (5) An estimate of the anticipated atten- (c) The decision of the village council shall be dance. final. (6) Any other information which the recre- (Code 1970, § 25-20; Ord. No. 201-69, § 9) ation director shall find reasonably neces- sary to afair determination as to whether Sec. 20-36. Revocation. a permit should be issued. (Code 1970, § 25-18; Ord. No. 201-69, § 7) The recreation director may revoke a permit required by this division upon a finding of a Sec. 20-34. Standards for issuance. violation of any rule, ordinances or provision of this Code, or upon good cause shown. The recreation director or the village manager (Code 1970, § 25-23; Ord. No. 201-69, § 12) shall issue a permit under this division when he finds: (1) That the proposed activity or use of the Secs. 20-37-20-60. Reserved. park will not unreasonably interfere with or detract from the general public enjoy- ARTICLE III. RECREATION ADVISORY ment of the park. BOARD (2) That the proposed activity or use will not unreasonably interfere with or detract Sec. 20-61. Created. from the promotion of public health, wel- fare, safety and recreation. A recreation advisory board (hereinafter re- (3) That the proposed activity or use is not ferred to as board) for the village is hereby cre- ated. reasonably anticipated to incite violence, Ord. No. 5-92, § 1, 4-23-92) crime or disorderly conduct. *Editor's note-Ordinance No. 5-92, adapted April 23, (4) That the proposed activity will not entail 1992 did not specifically amend the Codes; hence, inclusion of unusual, extraordinary or burdensome ex- 1-6 as Ai~t. III was at the discretion of the editor. pence or police operation by the village. Cross reference-Department of recreation, § 2-110. Supp. No. 22 1293 § 20-62 NORTH PALM BEACH CODE ~I Sec. 20-62. Composition; terms; vacancies. Sec. 20-64. Officers' quorum; compensation. (a) Composition. The board shall be appointed At the first organizational meeting of the board, by the village council and shall consist of five (5) the members shall elect a chairman, vice presi- members and two (2) alternates who shall be dent and secretary from among its members. residents of the village. Subsequent to the initial organizational meeting where officers are elected, the members shall (b) Term. The initial appointments to the five elect the officers from among its members at the (5) member board shall take effect upon the first regular meeting in May of each year. The effective date of this article with the respective presence of three (3) members shall constitute a terms expiring as follows: quorum and motions shall be approved by a majority of members present. The members shall (1) The terms of two (2) members shall expire serve without compensation. on May 1, 1992. Ord. No. 5-92, § 4, 4-23-92) (2) The terms of three (3) members shall expire on May 1, 1993. Sec. 20-65. Meetings. (c) Subsequent terms. Upon expiration of the The board shall meet and shall schedule a terms set forth above, each appointment shall be regular meeting at least once per month. In for two-year terms. Appointments shall hereafter addition, the chairman may call special meetings be made by resolutions of the village council. and special meetings may be called by written notice signed by at least three (3) members of the (d) Vacancies. An appointment to fill any va- board. Minutes shall be kept of all meetings. cancy shall be for the remainder of the unexpired Notice of all meetings shall be posted in ac~or- term of office. dance with the procedures established by the village council. All meetings shall be open to the (e) Alternates. The two (2) alternates shall public. The board shall enact or adopt rules for each serve one (1) year terms. Alternate members the conduct of its meeting. All members shall be of the board shall be appointed on the same day apprised of the applicability of the "Sunshine that regular members are appointed. Alternate Law" to the board and its members. members shall be appointed as first alternate and Ord. No. 5-92, § 5, 4-23-92) second alternate and shall serve in that order when required. 1, Sec. 20-66. Duties. (Ord. No. 5-92 § 2 4-23-92. Ord. No. 17-95 2, 6-22-95) (a) The board shall serve in an advisory capac- ity to the village council and make recommenda- Sec. 20-63. Removal. tions as to present and future recreation activi- ties, planning, recreation programs, capital If a member of the advisory board or a desig- improvements and facilities and other matters nated alternate of the board is absent from three relating to the overall recreational activity of the (3) regularly-scheduled meetings of the board village and its waterways. The board is not charged within any twelve (12) consecutive month period with the duty of ascertaining costs or method of without such absence being excused by majority implementation of their proposed plans; however, vote of the board, the chairman of the board shall the board should consider the needs of all resi- promptly notify the village council. The council dents of the village. The board shall have the may thereafter declare the member's office vacant power to call upon the village manager, or his and promptly fill such vacancy for the unexpired designee, for information and advice. The board's term of office. recommendations to the village council shall be in (Ord. No. 5-92, § 3, 4-23-92; Ord. No. 18-2001, § 4, writing and shall state the basis or reasons for 6-28-01) such recommendations. Supp. No. 22 1294 PARKS, PLAYGROUNDS AND RECREATION § 20-66 (b) The board shall also perform any other duties which may be assigned to it by the village council and the board shall act within thirty (30) days of the date of reference, unless the village council otherwise states. (Ord. No. 5-92, § 6, 4-23-92; Ord. No. 27-98, § 1, 12-10-98) Supp. No. 22 1295 [The next page is 1343] l PLANNING AND DEVELOPMENT § 21-2 ARTICLE I. IN GENERAL (d) Advice of planning commission. Prior to considering an amendment to the comprehensive Sec. 21-01. Comprehensive plan-Adoption. plan of the village, the village council shall seek the advice of the planning commission of the Pursuant to the provisions of the "Local Gov- village. ernment Comprehensive Planning and Land De- (Ord. No. 18-87, § 1, 11-12-87; Ord. No. 06-2001, velopment Regulation Act," F.S. section 163.161 § 2, 3-22-01) .Editor's note-Ordinance No. 4-86, § 1, adopted Apiz124, et seq., the village hereby adopts the comprehen- 1986, repealed former § 21-1 which pertained to the intent to sive plan of the village. A copy of the comprehen- proceed under state regulations and derived fiom Ord. No. sive plan of the village is attached to Ordinance 6-77, adopted April 28, 1977. Subsequently, § 1 of Ord. No. No. 23-89 and made a part thereof as exhibit A. 18-s7, adopted Nov. 12,1987, purported to amend the Code by (Ord. No. 23-89, § 1, 11-9-89) adding thereto a new Ch. 41, 41-1-41-4. For purposes of Editor's note-Ordinance No. 23-89, adopted Nov 9, classification the editor, at his discretion, has redesignated the 1989, specifically amend this Code; hence, inclusion of § 1 as substantive provisions of the ordinance as § 21-1. § 21-01 was at the discretion of the editor. Exhibit A is not printed herein, but is on file and available for reference in the office of the village clerk. Sec. 21-2. Filing fees and costs for volun- tary annexation of land. Sec. 21-1. Same-Filing fees and costs for changes. (a) Enactment and authority. Pursuant to F.S. (a) Enactment and authority. Pursuant to F.S. chapter 170, the village does hereby ordain and chapter 163, the village does hereby ordain and enact into law these additional requirements for enact into law these additional requirements for annexation. amendments to the village comprehensive plan. (b) Jurisdiction. These regulations shall gov- (b) Jurisdiction. These regulations shall gov- ern all petitions to amend the village comprehen- ern all voluntary annexation of lands into the sive plan. corporate limits of North Palm Beach hereafter. (c) Fees; application. All petitions to amend the village comprehensive plan shall be done by (c) Fees; application. All applications for vol- application to the village council. The application untary annexation of land to the village shall be to the village council may be made by any owner done by application to the village council. The of property located within the village. Such appli- application to the village council maybe made by cation shall be filed with the building department any property owner of property contiguous to the of the village, which shall transmit the same, village. Such application shall be filed with the together with all legal descriptions, ownership building department of the village, which shall information, requested change to the comprehen- transmit the same, together with all legal descrip- sive plan, etc., to the village council. Any such tions, ownership information, etc., to the village application must be accompanied by a filing fee of council. Any such application must be accompa- three hundred dollars ($300.00) together with a Hied by a filing fee of two hundred dollars ($200.00) deposit of the estimated costs of the village in together with a deposit of the estimated costs of processing the application. Upon the village de- the village in processing the application. Upon termining the actual costs, applicants shall pay the village determining the actual costs, appli- the balance, if any, in full of such costs including cants shall pay the balance, if any, in full of such advertising and cost of review by the village costs including advertising and cost of review by engineer prior to final consideration of the appli- the village engineer prior to final consideration of cation. If the deposit exceeds actual costs, the the application. If the deposit exceeds actual balance shall be refunded to applicant. costs, the balance shall be refunded to applicant. Supp. No. 22 1345 § 21-2 NORTH PALM BEACH CODE j (d) Advice of planning commission. Prior to gaged in business within the corporate annexation, the village council shall seek the limits of the village, and a fifth member advice of the planning commission of the village who need not be engaged in any particu- as to the proposed annexation. lar business or profession. All vacancies (Ord. No. 19-87, § 1, 11-12-87; Ord. No. 06-2001, on the planning commission shall be filled § 3, 3-22-01) within thirty (30) days so as to maintain Editor's note-Section 1 of Ord. No. 19-87, adopted Nov the composition of the commission as set 12, 1987, purported to amend the Code by adding thereto a new Ch. 40, 40-1-40-4. For purposes of classification, the forth above. Alternate members of the editor, at his discretion, has redesignated the substantive planning commission shall be appointed provisions of the ordinance as § 21-2. as first alternate and second alternate and shall serve in that order when neces- Secs. 21-3-21-10. Reserved. sary. The members shall serve at the pleasure of the village council. I ARTICLE II. PLANNING CONIlVIISSION~` (2) Chairman; quorum; compensation. The members of the planning commission shall Sec. 21-11. Composition; conduct generally. elect a chairman from among its mem- bers. The presence of three (3) or more (a) Created. A planning commission for the members shall constitute a quorum of the village is hereby created. planning commission. The members shall (b) Membership. serve without compensation. (1) Terms; vacancies; alternate members. The (c) Meetings. The planning commission shall planning commission shall consist of five meet at least once each month on a date to be (5) members who shall serve for two-year determined by the planning commission. terms and two (2) alternates who shall l serve for one-year terms. At the first ap- (d) Powers, duties. The planning commission pointment of members to the planning shall have the following powers and duties: commission, three (3) regular members (1) Perform any duties which lawfully may shall be appointed for a term of two (2) be assigned to it by the village council. years, two (2) regular members shall be appointed for a term of one (1) year, and (2) Perform any other duties which may be thereafter each appointment shall be for assigned to it under this Code. two-year terms. All terms shall take effect (3) The planning commission of the village is on the first day of May of each year. hereb desi ated as the Alternate members of the commission shall y ~ governmental entity to act as the "local planning agen- be appointed on the same day that regu- cy" in accordance with chapter 163, Flor- lar members are appointed. The planning ida Statutes. commission shall consist of one (1) land use planner or architect, one (1) architect, (e) Removal. If a member of the advisory board one (1) civil engineer, one (1) person en- or a designated alternate of the board is absent from three (3) regularly-scheduled meetings of *Editor's note-Article II, 21-11, 21-12, was included the board within any twelve (12) consecutive at the editor's discretion, being derived fiom Ord. No. 6-77, § 2, month period without such absence being excused adopted April 28, 1977, and Ord. No. 4-78, § 2, enacted Mar. 23, 1978. Section 1 of Ord. No. 4-78 repealed former § 21-1, by majority vote of the board, the chairman of the pertaining to the designation of the local planning agency, board shall promptly notify the village council. derived from Ord. No. 9-76, § 1, adopted May 27, 1976. The council may thereafter declare the member's Cross reference-Duties and powers of plann;ng commis- office vacant and promptly fill such vacancy for sion conceiaing appearance code, § 6-36. State law reference-Local government comprehensive the unexpired term of office. planning and land development regulation act, F.S. § 163.3161 (Ord. No. 6-77, § 2, 4-28-77; Ord. No. 4-86, § 2, et seq. 4-24-86; Ord. No. 18-2001, § 5, 6-28-01) i Supp. No. 22 1346 i PLANNING AND DEVELOPMENT § 21-12 Sec. 21-12. Changes to zoning ordinances. (a) The village council may amend or supple- ment the regulations and districts fined by any zoning ordinance adopted pursuant to this act (Local Government Comprehensive Planning and Land Development Regulation Act) after referral and recommendations of the planning commis- sion. Proposed changes may be suggested by the village council, by the planning commission, or by the petition of the owners of fifty-one (51) percent or more of the area involved in the proposed change. In the latter case, the petitioners maybe required to assume the cost of public notice and other costs incidental to the holding of public hearings. (b) The planning commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice, but shall in any case, if any change is to be considered by the planning commission, submit in writing its recommendations on the proposed change to the village council for official action. Sapp. No. 22 1346.1 I C i I i APPENDD~ B-SUBDIVISIONS § 36-10 construction plans of the proposed subdivision in sentative, shall attend these meetings of accordance with the following procedure: the planning commission to discuss his preliminary plat. (1) Application for preliminary plat approval. In order formally to seek action on the (5) Planning commission r•euiew. The plan- preliminaryplat, the subdivider shall sub- ning commission review shall include con- mit an application form, a minimum of sideration of the review comments. In twenty (20) copies of the preliminary plat addition, particular attention shall be given and the application fee to the department to the arrangement, location and width of of public services. streets, their relation to the topography of (2) Developments of regional impact. For all the land, water supply, sewage disposal, subdivisions that are presumed to be de- drainage, lot sizes and arrangement, the velopments of regional impact as provided present or future development of adjoin- in F.S. chapter 380, and chapter 22F, ing lands, and the requirements of the FloridaAdministrative Code, a copy of the comprehensive plan and zoning ordi- preliminary plat and a completed applica- nance. tion for development approval shall be (6) Planning commission action. Following submitted to the village council, the re- the hearing on the preliminary plat, the gional planning agency and the state land planning commission shall recommend to planning agency.Adevelopment order shall the village council one (1) of the following be issued prior to the review and approval actions: of construction plans as provided in sec- tion 36-12 of these regulations. 1. Issue a certificate of preliminary plat approval. (3) Fees. A filing fee of three hundred dollars ($300.00) shall be paid to the village by 2. Issue a certificate of conditional plat the subdivider at the time of filing the approval, subject to any necessary application together with a deposit of the modifications which shall be noted estimated costs of the village in process- on the preliminary plat or attached ing the application. Upon the village de- to it in writing. termining the actual costs, applicants shall 3. Disapproval of the preliminary plat pay the balance, if any, in full of such costs or any portion thereof, stating the including advertising and cost of review reasons for disapproval in writing. by the village engineer prior to final con- The subdivider may reapply for pre- sideration of the application. If the de- liminary plat approval in accordance posit exceeds actual costs, the balance with provisions of this section. shall be refunded to applicant. (4) Review comments. The department of pub- (7) Notification of action. The recommenda- tion of the planning commission and the lic services shall forthwith transmit one action of the village council shall be noted (1) copy of the preliminary plat to the on two (2) copies of the preliminary plat, village engineer, copies to the village coon- one (1) copy of which shall be returned to cil and additional copies to appropriate the subdivider and the other retained by agencies. Each of these agencies shall the department of public services. review the preliminary plat and submit any written recommendations to the plan- (8) Failure of the planning commission to ning commission, which shall hold apub- take action. Failure of the planning com- lic hearing on the preliminary plat with mission to make a recommendation to the due public notice as defined in F.S. Chap- village council, as required by paragraph ter 163.170 [section 163.3164(17)]. The (6) of this section, within ninety (90) days subdivider, or his duly authorized repre- of filing the preliminary plat, shall give Supp. No. 22 2359 § 36-10 NORTH PALM BEACH CODE the applicant the right to appeal directly (7) Legal description of the tract to be subdi- to the village council for action, unless the vided. applicant agrees to an extension of time. (8) Names of owners of adjoining land with (9) Effect of approval. Approval of the prelim- their approximate acreages. inary plat by the village council shall not constitute approval of the final plat but (9) Existing streets, utilities and easements on and adjacent to the tract, including the shall be deemed an expression of approval location and size of each and the invert of the layout submitted as a guide to the elevation of sewers. preparation of the final plat. Preliminary approval shall. expire and be of no further (10) Other existing improvements including effect twelve (12) months from the date of buildings on or adjacent to the tract. preliminary approval unless the time is extended by the village council prior to (11) Preliminary layout including streets, al- expiration; otherwise, the subdivider must leys and easements with dimensions and reapply for preliminary plat approval in proposed street names, lot lines with ap- accordance with provisions of this section. proximate dimensions, land to be re- (Ord. No. 15-90, § 2, 6-28-90; Ord. No. 06-2001, served or dedicated for public uses, and § 4, 3-22-01) any land to be used for purposes other than single-family dwellings. Sec. 36-11. Preliminary plat specifications. (12) Block letters and lot numbers. The preliminary plat shall be drawn clearly (13) Zoning district boundaries on and abut- and legibly at a scale of at least one (1) inch ting the tract. equals one hundred (100) feet using a sheet size of (14) Proposed method and approval by all fran- twenty-four (24) inches by thirty-six (36) inches, chised utilities of water supply, sewage reserving athree-inch binding margin on the left disposal, drainage, street lighting and elec- side and aone-inch margin on the other three (3) trical distribution system. sides. If more than. one (1) sheet is required, an index map relating each sheet to the entire sub- (15) .Minimum building front yard setback lines. division shall be shown on the first sheet. The preliminary plat shall contain the following infor- (16) Typical street cross-sections for each street classification. mation: (1) Proposed name of subdivision. (17) Natural features including lakes, marshes or swamps, watercourses, land subject to (2) Name, address and telephone number of flooding, wooded areas and isolated trees the subdivider and agent of the subdi- having a trunk caliper of six (6) inches or vider. more at a height of four (4) feet above the ground. In lieu of this requirement, the (3) Name and registration number of sur- applicant may furnish aerial photographs veyor. of the area in question. Aerials to be no more than two (2) years old and to a scale (4) Date of survey, north point, graphic scale, of a maximum of one (1) foot to two date of plat drawing and space for revi- hundred (200) feet. sion dates. (18) Surface drainage with direction of flow (5) Vicinity map showing location with re- and method of disposition indicated. spect to major roads and acreage of the subdivision. (19) Soil survey map. (6) Boundary line of the tract by bearing and (20) Subsurface conditions of the tract show- distance. ing subsurface soil, rock and groundwater Supp. No. 22 2360 APPENDIX B-SUBDIVISIONS § 36-12 conditions; location and results of soil Sec. 36-12. Construction plans procedure. percolation tests; location and extent of muck pockets. (1) Preparation of construction plans. Follow- ing approval of the preliminary plat (and issuance (21) Existing covenants and restrictions. of development order for development of regional impact when applicable) the subdivider shall sub- (22) Any other information that may be con- mit construction plans and specifications for all sidered necessary for full and proper con- proposed subdivision improvements. These con- sideration of the proposed subdivision. struction plans must be prepared in conformance with these regulations by a professional engineer (23) Inscription stating "NOT FOR FINAL RE- registered in the State of Florida. CORDING." (2) Submission and review of construction plans. (24) Flood hazard reports. If the proposed sub- The subdivider shall submit four (4) sets of prints division is in an area subject to flooding as approved by all interested agencies of the com- determined by the village engineer then pleted construction plans and the approved pre- the subdivider shall submit three (3) val- liminary plat to the department of public services ley cross-sections including the channel of along with a filing fee of three hundred dollars the stream at points specified, topographic ($300.00) together with a deposit of the estimated information for areas adjoining sides of costs of the village in processing the application. the channel, cross-sections for land to be Upon the village determining the actual costs, occupied by the proposed development, applicants shall pay the balance, if any, in full of high-water information, boundaries of area such costs including advertising and cost of re- subject to ponding and other pertinent view by the village engineer prior to final consid- information. The department of public eration of the application. If the deposit exceeds services shall transmit one (1) copy of this actual costs, the balance shall be refunded to information described to the village engi- applicant. Following review, if the construction veer or other expert person or agency for plans are consistent with the approved prelimi- technical assistance, where necessary, in nary plat and comply with all standards and evaluating the proposed project in rela- specifications, the village engineer shall notify tion to flood heights and velocities, the the subdivider and the department of public ser- seriousness of flood damage to the use, vices of construction plan approval. If the con- the adequacy of the plans for protection struction plans are not consistent with the ap- and other technical matters. The plan- proval preliminary plat or do not comply with all ping commission, with technical assis- standards and specifications, the village engineer tance, shall estimate the discharge of the shall notify the subdivider and the department of regulatory flood, determine the specific public services: flooding threat at the site of the proposed (a) Conditional construction plan approval, subdivision and determine whether the subject to any necessary modifications subdivision is located in a floodway or which shall be indicated on the plans or flood fringe area by: attach to it in writing; or (a) Calculation of water surface eleva- (b) Disapproval of the construction plans or tions and flood protection elevations any portion thereof, indicating in writing based upon a hydraulic analysis of the reasons for such disapproval. the capacity of the stream channel and overbank areas to convey the (3) Posting of surety device. Approval of the regulatory flood. Flood protection el- construction plans is authorization to proceed evations shall be at or above the with installation of any improvements required, water surface elevations of the reg- subject to the approval of agencies having proper ulatory flood. authority, and the preparation of the final plat or Supp. No. 22 2361 li § 36-12 NORTH PALM BEACH CODE unit division thereof, and in certain instances as (4) Posting of maintenance bond. A mainte- specified herein, subject to the posting of a surety nance bond in the amount of ten (10) device as follows: percent of the total cost of all required (a) If the final plat is to be recorded prior to street and drainage improvements shall installation of improvements, a surety in be posted as a condition. to final plat the form of a performance bond, trust approval by the village. Such mainte- deed or escrow agreement, approved by nance bond will be returned to the subdi- thevillage attorney, shall be filed with the elder at the end of one (1) year from the village clerk. Such surety shall cover at time of final plat approval, provided that least one hundred ten (110) percent of the ~ required improvements have been prop- cost of all required improvements, such as erly maintained, as approved by the vil- streets and drainage, water, sewerage, lage engineer. gas and electrical distribution systems, (Ord. No. 06-2001, § 5, 3-22-01) with estimates provided by the subdivider approved by the village engineer. The Sec. 36-13. Construction plan specifications. surety shall be conditioned upon the faith- plans for the required improvements shall be ful performance by the subdivider of all prepared for the approval of the village engineer work required to complete all improve- prior to construction and only after approval of ments and installations for the subdivi- the preliminary plat. Such improvement plans Sion, or unit division thereof, in compli- shall show the proposed locations, sizes, types, ante with these rules and regulations grades and general design features of each facil- within aperiod of one (1) year and shall ity, and shall be based upon reliable field data. be payable to and for the indemnification These drawings shall include the following infor- / of the village. mation: ` (b) If improvements are installed prior to (1) A topographic map of the subdivision as \ final plat approval in accordance with the required by the village engineer with a specifications of these regulations and such maximum contour interval of one (1) foot improvements have been inspected and where overall slopes of zero percent to two approved by the village engineer and the subdivider's engineer, the following certi- (2) percent, two (2) feet where slopes are over two (2) percent but less than ten (10) fication shall be substituted for a surety percent, or five (5) feet where slopes are device; over ten (10) percent, based on U.S. Coast I hereby certify that I have in- and Geodetic Datum. Such map shall be spected the streets, utilities, monu- prepared by a land surveyor. ments and other improvements shown on the plat of (2) A drainage map of the entire basin or subdivision and to the best of my basins within which the subdivision lies. knowledge find that the same have This map maybe combined with the above been constructed and installed in topographic map, including all ridges out- accordancewith prescribed specifica- lining the basins and the sizes of the tions and a maintenance bond in the basins in acres, of all existing and pro- amount of posted and find posed drainage areas of flow concentra- that there are no visible defects in Lion. Flow paths shall be indicated through- the materials and workmanship ap- out, including final outfalls with the parent in said improvements. subdivision and basins. Approved: (3) Improvement construction drawings. Three (3) blueprints of these drawings shall be Village Engineer Subdivider's Engineer submitted, and the sheet size shall be twenty-four (24) inches by thirty-six (36) Supp. No. 22 2362 APPENDD~ B-SUBDIVISIONS § 36-13 inches unless another size is approved by the staff. The drawings shall be refer- enced to the name and unit number of the proposed subdivision, shall show eleva- tionsbased on mean sea level datum plan approved by the village engineer, and shall show the following information: (a) Street profiles. Plans for street con- struction shall consist of a plan view showing PI elevations and percent- age grade slopes between PI's on the plan sheet. (b) Street cross-sections. Across-section of each proposed street, at a scale of ten (10) feet or less to the inch, showing the width of pavement, the location and width of sidewalks, where required, and rights-of--way. (c) Water supply, sewers, storm water drainage, gas system, CATV, tele- phone system and electrical distribu- tion system. The plans and profiles of pro- Supp. No. 22 2362.1 'I C t APPENDD~ B-SUBDIVISIONS § 36-38.1 section and the payment of the required (c) Attachments. No attachments or wires fee, the department of public service shall other than those of a protective or issue a permit therefor. With each such nondamaging nature shall be attached to permit, the department of public services any protected vegetation during construc- shall issue a weatherproof permit card tion. which shall bear all pertinent information thereon. Such card shall be maintained in (d) Excavation. Unless otherwise authorized a conspicuous place on the front of the by the vegetation removal permit, no soil premises affected thereby during the en- is to be removed from within the drip line fire time that the work authorized by the of any tree that is to remain at its original vegetation permit is in progress. location. (g) Time limitation. Permits shall expire and (e) Protective barriers. become null and void if work authorized (i) Installation ofprotection barriers. All by such permit is not commenced within protection barriers shall be installed ninety (90) days from the date of the and maintained for the period of permit or if such work when commenced time beginning with the commence- rs suspended or abandoned at anytime for went of any land clearing or building period of ninety (90) days. If work has operations and ending with the com- commenced and the permit becomes null pletion of the permitted clearing or and void or expires because of lack of building construction work on the progress or abandonment, a new permit site. covering the proposed vegetation removal activity shall be obtained before proceed- (ii) On-site representative required. The ing with the work. This provision shall applicant for a vegetation removal not be applicable in case of civil commo- permit shall, at the time of applica- tion, or when said work is halted due to tion, designate an on-site represen- legal action by the village against the tative who will be responsible for the permittee. installation and the maintenance of all tree protection barriers. The rep- (4) TTegetation protection during construction. resentative shall be responsible for supervising the removal of all exist- (a) Generally. During construction, all reason- ing vegetation permitted to be re- able steps necessary to prevent the de- moved. The representative shall be struction or damaging of protected vege- on-site at all times during the vege- tation shall be taken. Protected vegetation tation clearing operations. destroyed or receiving major damage must be replaced by vegetation of equal envi- (iii) Protection of large areas of vegeta- ronm.ental value, as specified by the de- tion. When the circumference of an partment of public services, before occu- area of vegetation to be preserved is pancy or use unless approval for their more than two hundred (200) linear removal has been granted under permit. feet, the areas to be preserved shall be protected during land alteration (b) Filling and construction debris. During and construction activities by plac- construction, unless otherwise authorized ing 2 x 2 wood stakes a maximum of by the vegetation removal permit, no ex- twenty (20) feet apart around the cess soil, additional fill, equipment, liq- perimeter of the area of vegetation, aids, or construction debris, shall be placed and tying ribbon, survey flagging, within the drip line of any vegetation that rope, etc., from stake to stake along is required to be preserved in its present the perimeter of such areas to be location. preserved. Sapp. No. 22 2377 § 36-38.1 NORTH PALM BEACH CODE (iv) Protection of small areas of vegeta- nurseries and botanical gardens shall be tion. When the circumferences of an exempt from the terms and provisions of area of protected vegetation is less this section, but only in relation to those than two hundred (200) lineal feet, a plants which are planted and growing for protective barrier shall be placed the sale or intended sale to the general around the groups of trees and public in the ordinary course of business understory that is indicated to re- or for some public purpose. main. The barrier shall not be less (c) Fee exceptions. The following types of trees than three (3) feet in height, shall shall be exempt from the provisions of limit access to the protected area, this section relating to permit fees, and no and shall be composed of wood, metal fees shall be charged for the. removal of or other suitable materials which this vegetation. The department of public insure compliance with the intent of services shall provide guidance to any the code [this section]. The barrier individual in doubt as to the identity of shall be highlighted with strips of any particular vegetation. Those trees ex- surveyflagging placed no more than empt are: five (5) feet on center. The provided barrier shall not harm the protected (i) Melaleuca quinquenervia (cajaput or vegetation through construction or Aaperbark or punk tree). any other means. (ii) Casuarina spp. (Australian pine). (v) Protection of individual trees. When (iii) Schinus terebinthifolius (Brazilian the retention of single trees is re- pepper or Florida holly). ~ quired by this code [section], apro- (iv) Bischofia javanica (toog or tective barrier shall be placed around bishopwood tree). the tree at a distance from the trunk (v) Trees which are no longer viable. of six (6) feet or two-thirds of the drip line, whichever is greater, of a Fees which are required to be re- hardwood tree, and six (6) feet from moved by law. the trunk or at the drip line, which- (6) Fees. The charge for the implementation of everis greater, for a softwood tree, or this section shall be two hundred dollars ($200.00) as otherwise determined by the de- per acre or fraction thereof. partment of public services. (Ord. No. 15-90, § 7, 6-28-90; Ord. No. 06-2001, § 6, 3-22-01) (5) Exceptions. Sec. 36-39. Violation misdemeanor. (a) Vegetation endangering health, safety or• property. In the event that any vegetation ~Y Person who shall sell any lot, or lay out, shall endanger health, safety or property, construct, open or dedicate any street, sanitary and require immediate removal without sewer, storm sewer, water main or drainage struc- delay, after observation and the taking of tore without having first complied with the pro- a photograph of the subject vegetation, visions of these regulations, or [who] otherwise verbal authorization may be given by the violates this ordinance, shall be guilty of a misde- director of public services and the vegeta- meanor. Each day that the violation continues tion removed without obtaining a written shall constitute a separate violation. permit as herein required. Such verbal authorization shall subsequently be con- ARTICLE VI. AMENDMENTS firmed in writing by the department of public services. [Sec. 36-39.1. Public hearing required.] (b) Plant nurseries and botanical gardens. This ordinance may be amended by the village All state-approved and governmental plant council, provided, however, that no amendments Supp. No. 22 2378 APPENDIX B~UBDIVISIONS § 36-42 shall become effective until a public hearing by substantially changed or amended after the effec- the planning commission has been held. Public tive date of this ordinance except to conform with notice regarding the time, place and date of the the regulations established herein. hearing shall be published in accordance with F.S. chapter 163, as amended. ARTICLE VII. LEGAL STATUS Sec. 36-40. Saving clause. If any section, part of a section, paragraph, sentence, clause, phrase or word of this ordinance is, for any reason, held or declared to be uncon- stitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the .legislative intent to pass the re- mainder of the ordinance, after the exclusion of such part or parts; [and it] shall be deemed to be held valid as if such part or parts had not been included therein, or if this ordinance or .any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circum- stances. Sec. 36-41. Conflicting regulations. This ordinance shall not be construed to have the effect of repealing any existing ordinance concerning the subject matter of this ordinance, but the regulations established herein shall be supplemental and cumulative. However, in the case of direct conflict with a provision or provi- sions of any existing ordinance, the provision which is more resti7ctive and imposes higher standards or requirements shall govern. Sec. 36-42. Effective date. This ordinance shall take effect immediately upon adoption. Subdivisions for which prelimi- nary or final plans or plats have been approved prior to the effective date may be developed and completed according to the preexisting require- mentsfor subdivisions. However, preliminary plans or final plats which have been approved prior to the effective date of this ordinance shall not be Supp. No. 22 2379 [The next page is 2479] C l I I i APPENDIX C-ZONING § 45-49 section to review the completed ap- (Ord. No. 24-90, § 1, 6-28-90) plicati0n and accompanying Submit- Cross reference-Alcoholic beverages, Ch. 3. tals. After completing the review of the application and fulfilling the pub- Secs. 45-38, 45-39. Reserved. lic notice and hearing requirements set forth above, the planning com- mission shall take one of the follow- ARTICLES IY, V. RESERVED ing actions: i. Grant the certificate of appro- Secs. 45-40-45-48. Reserved. priateness with an immediate effective date; ii. Grant the certificate of appro- ARTICLE VI. AMENDMENTS-FEES; priateness with special modifi- WAITING PERIODS cations and conditions; or Sec. 45-49. Applications for rezoning, etc. iii. Deny the certificate of appropri- ateness. (1) All applications for rezoning and all appli- g. The planning commission shall make cations to amend, supplement, modify or repeal written findings and conclusions that the boundaries, districts, regulations or restric- specifically relate the criteria for tions established by this chapter shall be done by granting certificates of appropriate- application to the planning commission of the ness. All parties shall be given the village. The application to the planning .commis- opportunity to present evidence sion may be made by any property owner or through documents, exhibits, testi- tenant or by a governmental office, department, mony, or other means. All parties ~ board or bureau. Such applications shall be filed shall be given the opportunity to ~'~'ith the building department of the village, which rebut evidence through cross-exam- shall transmit the same, together with all the ination or other means. plans, specifications, application blank and other papers pertaining to the application, to the plan- k. The department shall record and keep ning commission. Any such application, except by records of all meetings. The records a governmental agency, must be accompanied by shall include the vote, absence, or a filing fee of three hundred dollars ($300.00) abstention of each member upon each together with a deposit of the estimated cost of question, all official actions of the the village processing the application. Upon the planning commission, and the find- village determining the actual costs, applicants ings and conclusions of the planning shall pay the balance, if any, in full of such costs commission. All records shall be filed including advertising prior to final consideration in the department. of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. i. Any person aggrieved by a decision reached by the planning commission (2) All applications to the planning commis- may appeal the decision to the vil- sion concerning rezoning shall be upon forms to lage council. be supplied by the building department. j. No work for which a certificate of *Editor's note-Ordinance No. 6-77, § 6, adopted April appropriateness is required may be 28, 1977, repealed Art. N, 45-40-45-43, and A~-t. V, undertaken unless a certificate of 45-44--45-48, of App. C, which articles pertained to the appropriateness authorizing the work zoning board of adjustment and the planning and zoning advisory board, bath of which articles derived unchanged fr om is COriSplCllOUSly posted Ori the prop- the original zoning ordinance. For provisions conceiving the erty where the work 15 to be per- planning commission and the board of adjustment, see Ch. 21, formed. Arts. II and III. Supp. No. 22 2515 § 45-49 NORTH PALM BEACH CODE ~- - (3) Whenever, after review, investigation and amended, but which would be prohibited, regu- hearing, any application for a change of district lated, or restricted under the terms of this ordi- classification has been denied, an application for nance or future amendments. a like change cannot be reinstated for a period of at least one (1) year after said denial. (2) It is the intent of this ordinance to permit (Ord. No. 15-78, § 1, 6-8-78; Ord. No. 06-2001, § 7, these nonconformities to continue until they are 3-22-01) removed, but not to encourage their continuation. Editor's note-Acopy of the forms to be used are attached Such uses are declared by this ordinance to be to Ord. No. 185-68 as exhibit 1, from which ordinance section incompatible with permitted uses in the district 45-49 was derived. involved. It is further the intent of this ordinance that nonconformities shall not be enlar ed u on g p Sec. 45-50. Application for variances. expanded or extended, nor be used as grounds for adding other structures or uses prohibited else- (1) All applications for variances to regula- where in the same district. tions or restrictions established by this ordinance (Ord. No. 12-75, § 1, 9-11-75) shall be done by application to the board of adjustment of the village. The application to the Sec. 45-61. Extension and enlargement. board of adjustment may be made by any prop- erty owner or tenant or by a governmental office, (1) A nonconforming use of a structure, a non- department, board or bureau. Such applications conforming use of land, or a nonconforming use of shall be filed with the building inspector of the structure and land shall not be extended or en- village, who shall transmit the same, together larged after passage of this ordinance by attach- ment on a building or premises of additional signs with all the plans, specifications, application blank intended to be seen from off the premises, or by and other papers pertaining to the application, to the addition of other uses of a nature which would the board of adjustment. Any such application, be prohibited generally in the district involved. except by a governmental agency, must be accom- panied by a filing fee of two hundred dollars (2) To avoid undue hardship, nothing in this ($200.00). ordinance shall be deemed to require a change in the plans, construction, or designated use of any (2) All applications to the board of adjustment building on which actual construction was law- concerning variances shall be upon forms to be fully begun prior to the effective date of adoption supplied by the building inspector's office. or amendment of this ordinance and upon which (Ord. No. 6-77, § 4, 4-28-77; Ord. No. 06-2001, § 8, actual building construction has been diligently 3-22-01) carried on. Actual construction is hereby defined Editor's note-A copy of the forms to be used are attached to include the placing of construction materials in to ordinance No. 186-68, as Exhibit 1, from which ordinance section 45-50 was derived. permanent position and fastened in a permanent manner. Except that where demolition or removal of an existing building has been substantially [Sees. 45-51-45-59. Reserved.] begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construc- [ARTICLE VII. NONCONFORMING USES tion, provided that work shall be diligently car- OF LAND AND STRUCTURES] ried on until completion of the building involved. (Ord. No. 12-75, § 1, 9-11-75) Sec. 45-60. Intent. Sec. 45-62. Nonconforming lots of record. (1) Within the districts established by this (1) In any district in which single-family dwell- ordinance, or amendments that may later be ings are permitted, notwithstanding limitations adopted, there exist lots, structures, uses of land imposed by other provisions of this ordinance, a and structures and characteristics of use which single-family dwelling and customary accessory were lawful before this ordinance was passed or buildings may be erected on any single lot of Supp. No. 22 2516 APPENDIX C-ZONING § 45-64 record at the effective date of adoption or amend- (2) No such nonconforming use shall be moved ment of this ordinance. Such lot must be in in whole or in part to any other portion of separate ownership and not of continuous front- the lot or parcel occupied by such use at age with other lots in the same ownership. This the effective date of adoption or amend- provision shall apply even though such lot fails to went of this ordinance; meet the requirements for area or width, or both, that are generally applicable in the district, pro- (3) If any such nonconforming use of land ceases for any reason for a period of more vided that yard dimensions and other require- than ninety (90) consecutive days, any ments not involving area or width, or both, of the subsequent use of such land shall conform lot shall conform to the regulations for the district to the regulations specified by this ordi- in which such lot is located. Variance of area, nance for the district in which such land width, or yard requirements shall be obtained is located; only through action of the board of adjustment. (4) No additional structure which does not (2) If two (2) or more lots or combinations of conform to the requirements of this ordi- lots and portions of lots with continuous frontage nance shall be erected in connection with in angle [single] ownership are of record at the such nonconforming use of land. time of passage or amendment of this ordinance, (Ord. No. 12-75, § 1, 9-11-75) and if all or part of the lots do not meet the requirements for lot width and area as estab- Sec. 45-64. Nonconforming structures. lished by this ordinance, the lands involved shall be considered to be an undivided parcel for the Where a lawful structure exists at the effective purposes of this ordinance, and no portion of said date of adoption or amendment of this ordinance parcel shall be used or sold which does not meet that could not be built under the terms of this lot width and area requirements established by ordinance by reason of restrictions on area, lot this ordinance, nor shall any division of the parcel coverage, height, yards or other characteristics of be made which leaves remaining any lot with the structure or its location on the lot, such width or area below the requirements in this structure may be continued so long as it remains ordinance. otherwise lawful subject to the following provi- (Ord. No. 12-75, § 1, 9-11-75) sions: (1) No such structure may be enlarged or Sec. 45-63. Nonconforming uses of land. altered in a way which increases its non- conformity, but any structure or portion Where, at the effective date of adoption or thereof may be altered to decrease its amendment of this ordinance, lawful use of land nonconformity; exists that is made no longer permissible under (2) Should such structure be destroyed by the terms of this ordinance as enacted or amended, any means to an extent of more than fifty and where such use involves no individual struc- ture with a replacement cost exceeding one thou- (50) percent of its replacement cost at time of destruction, as determined by the sand dollaxs ($1,000.00), such use may be contin- village engineer or village building offi- ued, so long as it remains otherwise lawful, subject cial, it shall not be reconstructed except in to the following provisions: conformity with the provisions of this (1) No such nonconforming use shall be en- ordinance; larged or increased, nor extended to oc- (3) Should such structure be moved for any cupy a greater area of land than was reason for any distance whatever, it shall occupied at the effective date of adoption thereafter conform to the regulations of or amendment of this ordinance; unless the district in which it is located after it is such use is changed to a use permitted in moved. the district in which such use is located; (Ord. No. 12-75, § 1, 9-11-75) Supp. No. 22 2517 § 45-65 NORTH PALM BEACH CODE Sec. 45-65. Nonconforming uses of strut- tion, removal or destruction of the struc- t~res or of structures and pre- tare shall eliminate the nonconforming miser in combination. status of the land. Destruction for the (1) If a lawful use involving individual strut- purpose of this subsection is defined as damage to an extent of more than fifty tares with a replacement cost of one thousand (50) percent of the replacement cost at ~I dollars ($1,000.00) or more, or of structure and time of destruction. premises in combination, exists at the effective date of adoption or amendment of this ordinance, (2) Nonconformities not involving the use of a that would not be allowed in the district under the principal structure, e.g., open storage, building terms of this ordinance, the lawful use may be supplies, vehicle, mobile home, implement and continued so long as it remains otherwise lawful, machinery storage, signs, billboards, junkyards, subject to the following provisions: commercial animal yards and the like, shall be discontinued within two (2) years of the effective (a) No existing structure devoted to a use not date of this ordinance or amendment. permitted by this ordinance in the district (Ord. No. 12-75, § 1, 9-11-75) in which it is located shall be enlarged, extended, constructed, reconstructed, Sec. 45-66. Repairs and maintenance. moved or structurally altered except in changing the use of the structure to a use (1) On any building devoted in whole or in part permitted in the district in which it is to any nonconforming use, work may be done in located• any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of (b) Any nonconforming use may be extended nonbearing walls, fixtures, wiring or plumbing, to throughout any parts of a building which an extent not exceeding ten (10) percent of the were manifestly arranged or designed for current replacement value of the building, pro- such use at the time of adoption or amend- vided that the cubic content of the building as it ment of this ordinance, but no such use existed at the time of passage or amendment of shall be extended to occupy any land this ordinance shall not be increased. outside such building; (2) Nothing in this ordinance shall be deemed (c) Any structure, or structure and land in to prevent the strengthening or restoring to a safe combination, in or on which a nonconform- condition of any building or part thereof declared ing use is superseded by a permitted use, to be unsafe by any official charged with protect- shall thereafter conform to the regula- ing the public safety, upon order of such official. tions for the district in which such strut- (Ord. No. 12-75, § 1, 9-11-75) tore is located, and the nonconforming use may not thereafter be resumed; Sec. 45-6~. Temporary uses. (d) When a nonconforming use of a structure, The casual, intermittent, temporary or illegal or structure and premises in combination, use of land or structures shall not be sufficient to is discontinued or abandoned for six (6) establish the existence of a nonconforming use. consecutive months or for eighteen (18) Such use shall not be validated by the adoption of months during any three-yeax period (ex- this ordinance unless it complies with the terms cept when government action impedes of this ordinance. access to the premises), the structure, or (Ord. No. 12-75, § 1, 9-11-75) structure and premises in combination, shall not thereafter be used except in Sec. 45-68. Reserved. conformance with the regulations of the (Ord. No. 12-75, § 1, 9-11-75) district in which it is located; (e) Where nonconforming use status applies to a structure and premises in combina- Sapp. No. 22 2518 [The next page is 2619] 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(f) 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-Ol 1 45-2 06-2001 3-22-O1 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 5-10-01 1 9-17(a) 13-2001 5-10-01 1 19-211 15-2001 6-28-01 1, 2 2-4 16-2001 6-28-01 1 Ch. 8 (title) 2, 3 Rpld 8-16 Added 8-1-8-6, 8-21, 8-22 18-2001 6-28-O1 1 2-1(c) 2 9-18 3 16-24 4 20-63 Supp. No. 22 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) I C I Supp. No. 22 2888 [The next page is 2933] 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 § 36-5 ch. 22F App. B, Art. II, App. B, Art. II, § 36-10 § 36-15 ch. 39 App. C, § 45-2 App. B, Ai~t. 1V, Ch. 50 2-181 § 36-27 50.041 '.;-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. lI, 280.02 2-4(f) § 36-16 316.008 Ch. 18 App. B, Art. VI 316.272 19-117 163.01 2-4(~ 316.293 19-117 163.161 et seq. 21-01 316.1955, 316.1956 18-37 ch. 163.170, App. B, Ai~t. II, 320.01(1) 14-37 §163.3164(17) § 36-10 ch. 327 Ch. 5 163.225(3)(a}--(c) 5-86 335.065 App. B, Art. IV, 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, Ai~t. II 362.01 29-2 166.221 17-34 364.02 29-3 166.231 Ch. 26, Art. III ch. 373 19-200 ch. 170 21-2 ch. 380 21-44 170.01 Gh. 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. 22 2819 I 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, § 45-2 553.73 6-154 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 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(fl 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 i 943.25(13) 1-9 Supp. No. 22 2820 [The next page is 2869] CODE INDEX Section Section A ALARMS (Cont'dJ ABANDONMENT False alarms Excessive false alarms declared public Abandoned, inoperative and junked prop- nuisance 19-212 erty 14-37 et seq. Service charge; collection 19-213 See: GARBAGE AND TRASH Fire division equipment; fire alarm system 12-53 Boats Identification required 19-215 Boat launching area; abandoned boats System standards 19-219 and equipment 5-36, 5-37 Telephone trunk lines Generally 5-8 Interference with public safety depait- Dogs, other animals 4-10 menttelephonetrunklinesprohib- ACTS BY AGENTS ited 19-215 Definitions and rules o£ construction 1-2 Violation and penalty 19-214 ADMINISTRATIVE CODE ALCOHOLIC BEVERAGES Bonds required of certain officers 2-42 Consumption on playgrounds and public Defimition 2-39 parks 3-3 Departmental organization 2-40 Nudity, partial nudity, sexual conduct; pro- Oaths of office hibited at alcoholic beverage estab- Chief administrator and officers, form of lishments 3-4 oath 2-41(b) Sales restricted; hours of sale............ 3-2 Members of department of public safety, State law definitions adopted 3-1 form of oath 2-41(c) Zoning Persons required to take oath of office . 2-41(a) Location of business for retail sales of Policy and procedures alcoholic beverages 45-20(2), Department heads 2-43(b) 45-36.N Departments 2-43(c) C-3 Regional Business District...... 45-34.1(9) Officers 2-43(a) AMBULANCES ADULT ENTERTAINMENT ESTABLISH- Definition 17-50 MENTS Unlawful operation 17-51 Zoning regulations re. See: ZONING (Ap- AMUSEMENTSANDAMUSEMENTPLACES pendix C) Coin-operated amusements; proximity to ADVERTISING schools restricted 19-4 Handbills; distribution restricted......... 19-7 AND, OR Noise control policy re loudspeakers and Definitions and rules of construction 1-2 devices for advertising 19-105 Signs and outdoor displays 6-111 et seq. ANIMALS AND FOWL See: SIGNS AND BILLBOARDS Abandoning 4-10 Birds AFFIDAVITS Molesting songbirds 4-9 Home occupations; occupational licenses Pillage designated bird sanctuary; hunt- Affidavit of applicant required......... 17-2(e) ing prohibited 4-2 AFFIRMATION. See: OATH, AFFIRMATION, Cats. See herein: Dogs and Cats SWEAR OR SWORN Code enforcement board, applicability re.. 2-173 Contagious diseases, animals with 4-11 AGREEMENTS. See: CONTRACTS AND Cruelty to animals 4-7 AGREEMENTS Definitions 4-1 Dogs and cats ALARMS Collar and tag Alarm business central office required.... 19-215 Required 4-25 Alarm permit required 19-208 Unauthorized removal 4-26 Application for 19-209 Impoundment Issuance 19-211 Disposition upon owner's failure to Terms; fees; nontransferable 19-210 redeem 4-30(d) Audible alarms 19-216 Notice............................. 4-30(b) Code enforcement board, enforcement Redemption by owner 4-30(c) through 19-217 Required.......................... 4-30(a) Definitions 19-207 Inoculation 4-24 Exemptions 19-218 Prohibited in certain areas; exceptions. 4-27 Supp. No. 22 2935 i i NORTH PALM BEACH CODE Section Section ANIMALS AND FOWL (Confd.) APPEARANCE PLAN (Appendix A) (Confd.) Rabies control. See herein that subject Public property VII(C) Registration 4-24 Site................................. VII(A) Running at large Participation and incentives VI Cats 4-28(c) Statement of policy II Dogs on property of others.......... 4-28(b) ARCHAEOLOGICAL SITE PROTECTION Dogs on streets and sidewalks 4-28(a) Vicious, biting and attacking dogs 4-29 Appeals 21-107 Waste removal Applicability 21-102 Persons walking dogs responsible for Archaeological review, development sub- removal of waste 4-31 ject to............................. 21-104 Waste-removal implements, persons Certificate to dig 21-105 walking dog to carry 4-32 Cost 21-106 Enforcement Definitions 21-103 General enforcement 4-5 Hearing................................ 21-108 Hindering enforcement 4-4 Intent.................................. 21-101 Purpose 21-101 Fight, causing animals to 4-8 Keeping certain animals prohibited; excep- Violations and penalties 21-108 tion 4-6 ASSEMBLIES Killing 4-3 Meetings of boards and commissions; ad- Molesting songbirds or domestic pets...... 4-9 journment of 2-3 Noise control policy re animal noises 19-107 Meetings of specific boards, etc. See spe- Nuisances, animals creating 4-12 cific subjects Poisoning 4-3 park and recreation area; meetings and Rabies control atherin s Death or destruction re ortin g g " " " " " " " ' • • • • • • • • • • 20-22 et seq. p g........ 4-46 See: PARKS, PLAYGROUNDS AND Muzzles; when required.......... 4-45 RECREATION Rabid animals Confinement 4-43 ATLANTIC OCEAN / Duty to report; impounding......... 4-44 Regulations governing construction of docks, {l Nuisance, declared 4-42 piers in Lake Worth and Atlantic Ocean 5-85 ANNEXATION Planning and development; filing fees and B cost for voluntary annexation of land 21-2 BATHING ANTENNAE Diseased persons prohibited fiom bathing Zoning regulations 45-21 in ublic ools, etc. 19-3 P P APPEARANCE PLAN (Appendix A) BICYCLES (Note~ection citations contained herein Park regulations 20-6 j refer to section citations found within Subdivisions, required improvements re Appendix A) bikeways 36-29.1 Administration V Areas of juirisdiction III BILLBOARDS. See: SIGNS AND BILL- Basis I BOARDS Criteria for appearance BIRDS. See: ANfMAi,S AND FOWL Building and site to adjoining area, re- lationship of 1V(B) BLOCKS Building design ]V(D) Subdivision design standards 36-18 Buildings tc site, relationship of....... IV(A) BOARDS, COMMITTEES AND COMMIS- Evaluation, factors for IV(H) SIGNS. See: DEPARTMENTS AND Landscape and site treatment 1V(C) OTHER AGENCIES OF VILLAGE Maintenance-planning and design fac- tors 1V(G) BOATS, DOCKS AND WATERWAYS Miscellaneous st~•uctmes and streethard- Abandoned boats 5-8 ware 1V(F) Signs 1V(E) Definitions VIII Maintenance for good appearance Buildings and appurtenances.......... VII(B) Supp. No. 22 2936 CODE INDEX Section Section BUSINESS REGULATIONS (Cont'd.) CIVIL DISORDERS AND DISTURBANCES. Fee exemptions 17-34.10 See: EMERGENCY MANAGEMENT Fee schedule 17-34.12 CLERK Half-year certificate 17-34.3 De artment of records Issuance of certificate 17-34.3 p ,provisions re vil- Noncompliance of principal............ 17-34.8 lage clerk and deputy village clerk 2-67 et seq. See: DOCUMENTS AND PUBLIC Nonprofit enterprise, special permit for 17-34.5 RECORDS Refund of fee 17-34.9 Registration required 17-34.1 CLUBS Renewal 17-34.4 Country club 9-1 et seq. Suspension or revocation of certificate . 17-34.9 See: COUNTRY CLUB When due and payable 17-34.3 COASTAL CONSTRUCTION CODE Garage and other sales 17-61 et seq. See: GARAGE AND OTHER SALES Coastal construction requirements Location of construction 6-155(4) Home occupations 17-2(a) et seq. See: HOME OCCUPATIONS Major structures, structural require- ments for 6-155(1) Occupational licenses 17-16 et seq. Minor structures, structural require- See: LICENSES AND PERMIT ments for 6-155(3) Wellfield protection Nonhabitable major structures, struc- Regulation of business activities with tural requirements for 6-155(2) potential to contaminate land and public access 6-155(5) water resources 19-221 Definitions 6-154 Zoning Location of business for retail sales of Flood damage prevention 12.5-1 et seq. See: FLOOD DAMAGE PREVENTION alcoholic beverages 45-20(2), 45- Purpose................................ 6-152 36.N References 6-156 C-3 Regional Business District...... 45-34.1(9) Scope Applicability 6-153(a) C Exceptions 6-153(b) Permits, application for 6-153(c) CABLE TELEVISION. See: TELEVISION Title 6-151 CAMPING CODE ENFORCEMENT BOARD Recreational, boating and camping equip- Alarm regulations, enforcement re 19-217 went; parking on residential property Applicability 2-173 restricted 18-35 Declaration of legislative intent.......... 2-171 Definitions 2-172 CANALS Enforcement procedure 2-175 Construction requirements 5-56 et seq. Fines; liens See: BOATS, DOCKS AND WATER- Appeals 2-180 WAYS Copies of orders imposing fines........ 2-178(d) Determination of amount of fine....... 2-178(b) CATS Duration of lien 2-179 Regulations enumerated 4-24 et seq. Generall 2-178(a) y See: ANIMALS AND FOWL Notices 2-181 CERTIFICATES Reduction of fine 2-178(c) Appearance code; certificate ofappropriate- Hearing, conduct of 2-176 ness 6-56 et seq. Organization See: BUILDINGS Attorney 2-174(c) Boats, docks and waterways; unlawfully Officers; quorum; compensation 2-174(b) anchored or moored vessels Qualifications and term 2-174(a) Powers 2-177 Unclaimed vessel to be sold; certifica- tion of sale . 5-21 CODE OF ORDINANCES Businesses located outside village limits, certificate of business regulations re. 17-34 et seq. 'Note-The adoption, amendment, repeal, omissions, effec- See: BUSINESS REGULATIONS true date, explanation of numbering system and other matters Emergency medical services 11.5-21 pertaining to the use, construction and interpretation of this Historic site overlay district; certificate of Code are contained in the adopting m•dinance and preface appropriateness 45-37(H) which are to be found in the preliminary pages of this volume. Supp. No. 22 2939 NORTH PALM BEACH CODE Section Section CODE OF ORDINANCES (Cont'd.) COUNTRY CLUB (Cont'd.) Altering Code 1-7 Premises Amendments 1-6 Disfiguration and/or removal of building Catchlines 1-3 or other property................ 9-1(1) Court cost Enforcement 9-2 'i Assessment of additional court costs for Hours 9-1(2) ' criminal justice education expendi- Signs 9-2 tures 1-9 Violations and penalties 9-2 Definitions and rules of construction 1-2 Designated and cited 1-1 COUNTY ' References to chapters or sections 1-3 Definitions and rules of construction 1-2 I; Repeal of ordinances, effect o£ 1-4 COURTS Severability of parts 1-5 Court cost Village clerk, duties re recording ordi- Assessment of additional court costs for nances 2-67(3) criminal justice education expendi- Violations and penalty 1-8 tures........................... 1-9 I COIN-OPERATED AMUSEMENTS Proximity to schools restricted 19-4 D COMBAT AUTO THEFT (CAT) DECALS Establishment, regulations 18-19 Combat Auto Theft (CAT) 18-19 COMMITTEES, COMMISSIONS. See: DE- DEPARTMENTS AND OTHER AGENCIES PARTMENTSAND OTHERAGENCIES OF VILLAGE OF VILLAGE Administrative code 2-39 et seq. See: ADMINISTRATIVE CODE COMMUNICATIONS Appearance board. See: APPEARANCE Telecommunications PLAN (Appendix A) Generally 29-1 et seq. j Code enforcement board 2-171 et seq. See: TELECOMMUNICATIONS Committees and boards generally; resi- Seivice tax 26-51 et seq. dency requirements................ 2-1 See: TAXATION Country club advisory board 9-16 et seq. COMPUTATION OF TIME See: COUNTRY CLUB Definitions and rules of construction 1-2 Finance, department of 2-59 See: FINANCES CONCURRENCY MANAGEMENT Fire and police retirement board of trust- Provisions enumerated 21-41 et seq. ees................................ 2-164 et seq. See: PLANNINGAND DEVELOPMENT See: PENSIONS AND RETIREMENT Fire division 12-29 et seq. CONTRACTS AND AGREEMENTS See: FIRE PREVENTION AND PRO- Finance director, duties re contracts...... 2-59(3), (7) TECTION COUNCIL. See: VILLAGE COUNCIL General employees retirement board 2-151 et seq. See: PENSIONS AND RETIREMENT COUNTRY CLUB Library board 16-16 et seq. Advisory board Library, department of 2-93 Compensation 9-19 Meetings of boards and commissions; ad- i Composition 9-17(a) journment of 2-3 Created 9-16 Meetings of specific boards, etc. See spe- Duties cific subjects 4 Administrator 9-21(b) Planning and development board of adjust- Budget 9-21(d) went.............................. 21-21 Management and administration.... 9-21(a) Planning commission 21-11, 21-12 Village employees 9-21(c) Public safety, depa~•tment of 2-75, 2-76 Meetings 9-20 See: PUBLIC SAFETY DEPARTMENT Officers' quoivm 9-19 Public services, depmtment of 2-84, 2-85 Removal 9-18 See: PUBLIC SERVICES DEPART- ! Terms 9-17(b) MENT Vacancies 9-17(c) Records, department of.................. 2-67 et seq. Finances See: DOCUMENT AND PUBLIC Delinquent accounts; penalties 9-32 RECORDS Supp. No. 22 2940 CODE INDEX Section Section DEPARTMENTS AND OTHER AGENCIES DRAINAGE (ConfdJ OF VILLAGE (Cont'd.) Subdivision design standards re easements Recreation department 2-110 and rights-of--way 36-22(b) Recreation advisory board 20-61 et seq. Zoning; surface water management See: PARKS, PLAYGROUNDS AND C-3 Regional Business District 45-34.1(8) RECREATION DROUGHT Reserve police force 23-42 et seq. See: POLICE Water shortage emergencies 19-200 et seq. Treasury department of 2-51 See: WATER SHORTAGE EMERGEN- See: TREASURY DEPARTMENT CIES Village council 2-16 et seq. E DEVELOPMENTS. See: PLANNINGAND DE- VELOPMENT ELECTIONS Ballots DISABLEDAND HANDICAPPED PERSONS Direction for preparation 10-8 Applicability of dog prohibitions to guide Public measure 10-10 and service dogs 4-27(d) Specifications; general and runoff elec- Buildings tions 10-9 Accessibility to handicapped persons; Candidacy state law adopted 6-2 Candidates for of&ce; qualifying 10-5 Parking violations re handicap spaces 18-37 Preservation of notice of candidacy 10-6 Clerks. See herein: Inspectors and Clerk DISTRICTS General elections, notice of 10-3 Fire districts 6-3 Inspectors and clerk Zoning regulations 45-16 et seq. Appointment......................... 10-58 See: ZONING (Appendix C) Compensation 10-61 DISTURBANCES. See: CIVIL DISORDERS Filling vacancy 10-60 AND DISTURBANCES Good order, duty to maintain and report violations 10-62 DOCKS. See: BOATS, DOCKS AND WATER- Instruction prior to election 10-64 WAYS Oath required 10-59 Organization 10-63 DOCUMENTS AND PUBLIC RECORDS Polling place Department of records Designated 10-76 Deputy village clerk Policeman to be present 10-77 Appointment 2-68 Protest of election returns; inspection by Duties 2-69 canvassing board 10-12 Village clerk; duties Special elections Election records, keeping............ 2-67(5) Notice of 10-4 Expiration of term, notice of 2-67(7) When held 10-2 Official seal, keeping 2-67(8) State laws Record ordinances 2-67(3) Applicable state laws adopted 10-1 Village council Voting machines may be used; state law Keep records of council 2-67(2) applicable 10-7 Public council action 2-67(4) Village clerk, duties re keeping election Serve as clerk of council......... 2-67(1) records 2-67(5) Vital statistics, kee m 2-67(6) Village council to constitute canvassing p' g Police division, duties re records......... 2-76(b)(1) board 10-11 Treasurer's duties re examination of depart- Voting machines may be used; state law mental books 2-51(2) applicable......................... 10-7 Village clerk and deputy village clerk. See ELECTRICAL CODE herein: Department of Records Amendments, corrections, additions 11-12 DOGS Code and county amendments adopted 11-11 Code enforcement board, applicability re.. 2-173 Regulations enumerated 4-24 et seq. See: ANIMALS AND FOWL ELECTRICITY Swimming pools; electrical equipment 25-8 DRAINAGE Stormwater management 21-61 et seq. ELECTRONIC AUDIO EQUIPMENT See: STORMWATER MANAGEMENT Noise control 19-104 Supp. No. 22 2941 NORTH PALM BEACH CODE Section Section EMERGENCIES FENCES, WALLS, HEDGES AND ENCLO- Ambulances 17-50, 17-51 SURES (Cont'd.) Emergency management 8-1 et seq. Swimming pool requirements 25-37, 25-38 See: EMERGENCY MANAGEMENT Emergency medical services FINANCES Fees Budget procedures 2-2 Billing and collection 11.5-23 Country club, provisions re 9-21(d), 9-32 Establishment 11.5-22 Court cost Generally 11.5-21 Assessment of additional court costs for Fire division 12-29 et seq. criminal justice education expendi- See: FIRE PREVENTION AND PRO- tares 1-9 TECTION Depa~•tment of finance Water shortage emergencies 19-200 et seq. Finance director; duties See: WATER SHORTAGE EMERGEN- Audit accounts 2-59(1) LIES Budget duties 2-59(4) Certify contracts 2-59(3) EMERGENCY MANAGEMENT Custodian of bonds, contracts, etc... 2-59(7) Applicability 8-2 Financial statements............... 2-59(5) Civil disorders and disturbances Keep accounts 2-59(6) Declaration of a state of emergency.... 8-22 Prescribe form 2-59(2) Mayor designated local authority forpres- Investment policy of the village 2-4 eivation of public peace 8-21 Pensions and retirement. See also that Declaration of a state of emergency 8-5 subject Definitions 8-1 Length of service award plan for volun- Emergency management structure 8-3 teer firefighters 2-170 et seq. Powers, duties and responsibilities 8-4 Pension and certain other benefits for Termination of a state of emergency...... 8-6 fire and police employees 2-159 et seq. Pension and certain other benefits for EMPLOYEES. See: OFFICERS AND EM- general employees 2-146 et seq. PLOYEES Planning and development; filing fees and ENCLOSURES. See. FENCES, WALLS, cost for changes 21-1, 21-2 HEDGES AND ENCLOSURES Social security 2-136 et seq. See: SOCIAL SECURITY ENERGY EFFICIENCY BUILDING CODE Taxation. See that subject Adopted by reference 6-150 Treasury, department of................. 2-51 ENGINE EXHAUST See: TREASURY DEPARTMENT Noise control policy 19-108 Village manager........................ 2-118 EROSION CONTROL STRUCTURES FINES, FORFEITURES AND OTHER PEN- Construction regulations 5-93 et seq. ALTIES See: BOATS, DOCKS AND WATER- Code enforcement board; fines and liens 2-178 WAYS Code of ordinances, provisions re general penalty and continuing violations 1-8 EXCAVATIONS Parking violation 18-37, 18-38 Bulkhead lines 7-1 et seq. Pension and certain other benefits for fire See: BULKHEAD LINES and police employees Stormwater management 21-61 et seq. Board of trustees for; forfeiture of mem- See: STORMWATER MANAGEMENT bership on board for absenteeism. 2-164(b) Street excavations 24-16 et seq. Contributions; forfeitures 2-163(d) See: STREETS, SIDEWALKSAND PUB- LIC PLACES FIRE DISTRICT EXCRETA Property within village designated 6-3 Dog waste, removal provisions re 4-31, 4-32 FIRE PREVENTION AND PROTECTION Code enforcement board, applicability re.. 2-173 F, Department of public safety, provisions re fire division 2-76(c) FENCES, WALLS, HEDGES AND ENCLO- See: PUBLIC SAFETY DEPARTMENT SURES Fire division Landscaping 27-31 et seq. Composition 12-30 i See: LANDSCAPING Created; functions 12-29 Sapp. No. 22 2942 CODE INDEX Section Section FIRE PREVENTION AND PROTECTION (Cont'd.) Emergency medical technician volun- teers 12-32 Equipment Acquisition 12-52 Supp. No. 22 2942.1 j �, t CODE INDEX Section Section IMPOUNDMENT (Cont'dJ hANDSCAPING (Cont'dJ Boats, docks and waterways; unlawfully Appearance plan (Appendix A). See that anchored or moored vessels subject Department of public safety to im- Application of provisions; enforcement.... 27-33 pound 5-18 Certain yard areas, off-street parking and Owner to be notified upon impound- other vehicular use areas went........... 5-19, 5-20 Existing plant material............... 27-67 Dogs and cats 4-30 Installation 27-60 INDECENCYAND OBSCENITY Maintenance 27-61 Parking area interior landscaping 27-65 Adult entertainment establishments Perimeter landscaping relating to abut- . Zoning regulations re. See: ZONING (Ap- ting properties 27-64 pendix C) Plant material Alcoholic beverage establishments; nudity, Ground covers 27-62(e) partial nudity, sexual conduct prohib- Lawn grass 27-62(f) ited 3-4 ualit 27-62(a) Q Y Topless costumes 19-64 Shrubs and hedges................. 27-62(c) Vulgar language 19-65 Tree species....................... 27-62(b) Window peeping 19-66 Vines 27-62(d) INSURANCE EXCISE TAXES Required landscaping adjacent to public Casualty insurance premiums 26-16 rights-of-way _ 27-63 Property insurance premiums............ 26-17 Scope, applicability 27-59 Sight distance adjacent to public rlghts- INTRACOASTAL WATERWAY of-way and points of access....... 27-66 Marine sanctuary, designation as 5-101 Certificate of completion . 27-35 Code enforcement board, applicability re.. 2-173 INVESTMENTS Completed landscaping required for certif- Investment policy of the village 2-4 icate of use and occu ant 27-37 P Y.......... Definitions 27-31 J Improved nonresidential properties in ex- istence on September 23, 1971 JOINT AUTHORITY Applicable requirements _ 27-40(b) Definitions and rules of construction 1-2 Exceptions 27-40(c) JUNK Objectives 27-40(a) Planning commission, submission of plans Abandoned, inoperative and junked prop- to 27-40(d) erty 14-37 et seq. See: GARBAGE AND TRASH Objectives 27-32 Off-street parking landscape manual 27-38 Plot use plan approval prerequisite to issu- K ante of permits for building and pav- KNIVES. See: FIREARMS AND WEAPONS ing 27-37 Refuse container areas 27-41 Scope; applicability 27-34 I' Weeds and brush 14-79 et seq. LAKE WORTH See: WEEDS AND BRUSH Marine sanctuary, designation as 5-101 Zoning ordinance, conflict with........... 27-39 Regulations governing construction of docks, LIBRARY piers in Lake Worth and Atlantic Damaging property unlawful 16-1 Ocean 5-85 Department of library LAND Librarian 2-93 Buildings; construction on public land pro- Library board hibited 6-1 APPointment......................... 16-17 Planning and development 21-01 et seq. Compensation, service without 16-20 See: PLANNINGAND DEVELOPMENT Composition 16-17 Subdivision regulations 36-1 et seq. Established , 16-16 See: SUBDIVISIONS (Appendix B) Meetings 16-23 Organization 16-21 LANDSCAPING Powers and duties 16-22 Accesswa s 27-36 16-19 y Qualifications . Supp. No. 22 2945 NORTH PALM BEACH CODE Section Section ~i LIBRARY (Cont'd.) LICENSES AND PERMITS (Cont'dJ Removal from office 16-24 Transfer of license Term of office 16-17 New location 17-25 ~ Vacancies 16-18 New owner......................... 17-24 Variable factors within applicant's knowl- LICENSES AND PERMITS edge, declaration where fee de- Alarm permit 19-208 et seq. pends on. 17-23 See: ALARMS When due and payable 17-19 Boat launching area peianits 5-34 Park and recreation facilities; meeting and Boats, docks and waterways gathering permits 20-31 et seq. Limitation on anchoring and mooring in See: PARKS, PLAYGROUNDS AND prohibited area; mooring permit RECREATION required 5-17 Public services department, division of per- Bulkhead lines; filling permit............ 7-16 et seq. mits and inspections 2-85(1) See: BULKHEAD LINES Seawalls. See herein: Bulkheads and Sea- Bulkheads and seawalls 5-72 walls Code enforcement board, applicability re.. 2-173 Sidewalk and driveway permits.......... 24-55 et seq. Driveways. See herein: Sidewalk and Drive- See: STREETS, SIDEWALKS AND PUB- way Permits LIC PLACES Emergency medical services 11.5-21 Street excavation permits 24-28, 24-29 Flood damage prevention development per- Swimming pool construction permit 25-23, 25-24 mit 12.5-22 Treasure's duties re permits and licenses . 2-51(11) Garage, related sales 17-62 Utilities Home occupations. See also that subject Use ofrights-of--way for utilities; Rnitten Generally 17-16 et seq. Permit.......................... 28-2, 28-3 Occupational license for home occu- LOTS patrons 17-2(c) et seq. Noise control; special permits excepted 19-119 Subdivision design standards 36-18 Zoning regulations 45-1 et seq. Occupational licenses See: ZONING (Appendix C) Application for 17-18 Commercial vehicles, marking of 17-33.1 LOUDSPEAKERS Compliance by principal deemed compli- Noise control policy re loudspeakers and ante by agent 17-29 devices for advertising 19-105 Delinquency penalty 17-20 Doing business not covered by license.. 17-28 Duplicate licenses 17-27 M Duration 17-19 MANAGER. See: VILLAGE MANAGER False statements Engaging in business without license MANGROVE STANDS or under license issued on 17-32 Flood damage prevention provisions...... 12.5-45 License obtained by void ab initio 17-28 Half-year license 17-19 MAPS. See: SURVEYS, MAPS AND PLATS Home occupations. See also that subject MARINE SANCTUARIES Generally 17-16 et seq. Designated 5-101 Occupational license for home oc- cupations 17-2(c) et seq. ~y SHALL Issuance 17-19 Definitions and rules of construction 1-2 Noncompliance of principal............ 17-29 Nonprofit enterprise, special permit for 17-22 MAYOR Posted or carized, license to be 17-26 Civil disorders and disturbances Refund of fee 17-30 Mayor designated local authority for pres- Registration required 17-17 eivation of public peace.......... 8-21 Renewal 17-20 Pillage council; presiding officer at meet- Required; basis of one year............ 17-16 ings 2-18 Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA- as to 17-21 SURES Suspension or revocation 17-30 Tax exemptions 17-31 MECHANICAL CODE Tax schedule 17-33 Standard code adopted.................. 6-17 Supp. No. 22 2946 CODE INDEX Section Section MEDICAL SERVICES Emergency medical services 11.5-21 et seq. See: EMERGENCIES MEETINGS. See: ASSEMBLIES MISSILES, STONES, ETC. Throwing missiles 19-83 Supp. No. 22 2946.1 I C I