Code of Ordinances Supplement 21 SUPPLEMENT NO. 21
March 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. 05-2001, adopted March 8, 2001.
See the Code Comparative Table for further information.
Renzoue old pages Insert new pages
xv xv, xvi
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
81, 82 81, 82
327, 328 327, 328
398.11, 398.12 398.11, 398.12
891, 892 891, 892
1055-1060 1055-1060
1229-1236 1229-1236
1238.1-1241 1239-1242
1629-1631 1629-1631
1741, 1742 1741, 1742
1781
1783-1796
2481-2482.3 2481-2482.3
2497-2500 2497-2500.1
2619 2619
INSTRUCTION SHEET-Contd.
Remove old pages Insert new pages
i 2819, 2820 2819, 2820
2887 2887
2939, 2940 2939-2940.1
2952.1-2956 2953-2956
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
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1-800-262-CODE
Website: www.municode.com
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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. IV. 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. IV. Required Improvements 2368.1
Art. V. Enforcement Provisions 2372
Art. VI. Amendments 2378
Art. VII. Legal Status 2379
C. Zoning 2479
Art. I. In General 2481
Art. II. Generally 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. 21 xv
NORTH PALM BEACH CODE /
Page
Code Comparative Table-Ordinances 2875
Charter Index 2933
Code Index 2935
Supp. No. 21 xvl
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.
'T`itle page 1 136.1 19
iii 1 137, 138 17
v, vi OC 138.1 17
vii, viii OC 139, 140 OC
ix OC 141, 142 OC
x.i, x.ii 1 142.1, 1422 16
x.iii 1 143 16
xi, xii 20 144.1, 144.2 12
xiii, xiv 16 144.3 12
xv, xvi 21 145, 146 9
1 OC 147, 148 9
3, 4 8 149, 150 20
5, 6 12 150.1, 150.2 20
6.1, 6.2 18 151, 152 11
7, 8 OC 153, 154 20
9, 10 OC 155, 156 20
11, 12 OC 157, 158 20
13, 14 OC 158.1, 158.2 20
65 18 158.3 20
77 OC 159, 160 19
79, 80 OC 161, 162 19
81, 82 21 163, 164 19
133 10 165 19
135, 136 19 211 OC
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NORTHPALM BEACH CODE
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213, 214 19 727, 728 5
263 OC 729 5
265, 266 OC 777 OC
267, 268 17 779, 780 OC
269 17 781, 782 OC
319 OC 783, 784 OC
321, 322 17 785, 786 OC
323, 324 16 787, 788 OC
325, 326 16 789 OC
327, 328 21 839 OC
329, 330 20 889 OC
331, 332 20 891, 892 21
333, 334 20 892.1 15
381 OC 893, 894 OC
383, 384 17 895, 896 OC
385 17 945 OC
398.3, 398.4 7 947, 948 3
398.5, 398.6 8 997 OC
398.7, 398.8 17 999, 1000 10
398.9, 398.10 17 1051 OC
398.11, 398.12 21 1053, 1054 9
398.13, 398.14 20 1054.1, 1054.2 9
398.14.1 20 1055, 1056 21
398.15, 398.16 8 1057, 1058 21
399, 400 OC 1059, 1060 21
401, 402 OC 1060.1 14
403 OC 1061, 1062 8
453 OC 1063, 1064 8
455, 456 OC 1121 OC
507 OC 1171 OC
509 OC 1173, 1174 17
559 17 1175 19
561, 562 17 1225 OC
~ 563 17 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
695 13 1239,1240 21
697 13 1241,1242 21
i 723 2 1289 3
725, 726 13 1291, 1292 OC
726.1 13 1293, 1294 17
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1345, 1346 OC 2049, 2050 OC
1347, 1348 OC 2051, 2052 OC
1349, 1350 OC 2053 OC
1351, 1352 14 2353 OC
1352.1 14 2355, 2356 OC
1353, 1354 OC 2357, 2358 OC
1355, 1356 OC 2359, 2360 OC
1357, 1358 OC 2361, 2362 OC
1359, 1360 OC 2363, 2364 OC
1361, 1362 5 2365, 2366 OC
1363, 1364 5 2367, 2368 1
1365, 1366 5 2368.1 1
1367 5 2369, 2370 OC
1411 OC 2371, 2372 OC
1463 OC 2373, 2374 OC
1465, 1466 OC 2375, 2376 OC
1517 OC 2377, 2378 OC
1519, 1520 OC 2379 OC
1521, 1522 OC 2479 9
1523 OC 2481, 2482 21
1573 OC 2482.1, 2482.2 21
1575, 1576 OC 2482.3 21
1577 OC 2483, 2484 14
1627 9 2485,2486 16
1629, 1630 21 2486.1, 2486.2 16
1631 21 2486.3, 2486.4 16
1681 OC 2487, 2488 OC
1683, 1684 OC 2488.1, 2488.2 18
1685, 1686 OC 2489, 2490 18
1687, 1688 17 2491, 2492 18
1689, 1690 17 2493, 2494 18
1739 14 2495,2496 18
1741, 1742 21 2497, 2498 21
1781 21 2499,2500 21
1783, 1784 21 2500.1 21
1785, 1786 21 2501, 2502 18
1787, 1788 21 2503, 2504 18
1789, 1790 21 2504.1, 2504.2 16
1791, 1792 21 2505, 2506 10
1793, 1794 21 2507, 2508 13
1795, 1796 21 2509, 2510 13
2043 OC 2510.1, 2510.2 13
2045, 2046 10 2510.3, 2510.4 13
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Supp. No. 21 [4]
GENERAL PROVISIONS § 1-8
to revive such former ordinance, clause or provi- (c) In the event a new section not heretofore
Sion of this Code, unless it shall be expressly so existing in the Code is to be added, the following
provided. language shall be used: "That the Village of North
Palm Beach Code is hereby .amended by adding a
The repeal of an ordinance, clause or section of new section to be numbered Section
this Code shall not affect any punishment or which said Section shall read as follows:
penalty incurred before the repeal took effect, nor The new section shall then be set out in full.
any suit, prosecution or proceeding pending at the
time of the repeal, for an offense committed under (d) All sections, articles, chapters or provisions
the ordinance, clause or section of this Code desired to be repealed shall be specifically re-
repealed. pealed by section, article or chapter number in
(Code 1970, § 1-5) the following language: "That Section (Chapter or
Article) of the Village of
Sec. 1-5. Severability of parts. North Palm Beach Code is hereby repealed."
(Code 1970, § 1-7)
If any phrase, clause, sentence, paragraph,
section or subsection of this Code shall be de-
clared unconstitutional or invalid by a court of .Sec. 1-7. Altering Code.
competent jurisdiction, such unconstitutionality No person in the village shall change or amend,
or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, sections by additions or deletions, any part or portion of
or subsections of this Code. this Code, or insert or delete pages, or portions
(Code 1970, § 1-6) thereof, or alter or tamper with such Code in any
manner whatsoever which will cause the law of
the village to be misrepresented thereby.
Sec. 1-6. Amendments to Code. (Code 1970, § 1-8)
(a) All ordinances passed subsequent to this
Code which amend, repeal or in any way affect Sec. 1-8. General penalty; continuing viola-
any section or subsection of this Code, shall be tions.
numbered consecutively, but shall refer specifi-
cally to the section or subsection affected, and (a) Whenever in this Code any act is prohib-
printed for inclusion therein. When subsequent ited or is made or declared to be unlawful or an
ordinances repeal any chapter, section or subset- offense, or whenever the doing of any act is
tion or any portion thereof, such repealed portions required or the failure to do any act is declared to
shall be excluded from said Code by omission be unlawful, where no specific penalty is provided
from reprinted pages. The subsequent ordinances, therefore, the violation of any such provision of
as numbered and printed, or omitted in the case this Code shall be punished by a fine not exceed-
of repeal, shall be prima facie evidence of such ing five hundred dollars ($500.00) or imprison-
subsequent ordinances until such time as this ment for a term not exceeding sixty (60) days, or
Code and subsequent ordinances numbered or by both such fine and imprisonment.
omitted are readopted as a new code by the village
council. (b) Each day a violation of any provision of this
Code shall continue shall constitute a separate
(b) Amendments to any of the provisions of offense, and each act in violation of the provisions
this Code shall be made by amending such provi- of this Code shall be considered a separate and
sions by specific reference to the section number distinct offense.
of this Code in the following language: "That
Section of the Village of North Palm (c) In addition to the penalties herein pro-
Beach Code is hereby amended to read as follows: vided, any condition caused or permitted to exist
The new provisions shall then be set out in in violation of any of the provisions of this Code
full. shall be deemed a public nuisance and may be
Supp. No. 21 81
§ 1-8 NORTH PALM BEACH CODE
abated by the village, as provided by law, and enforcement officers and support personnel, pro-
each day that such condition continues shall be vided such education degree programs and train-
. regarded as a new and separate offense. ing courses are approved by the public safety
(d) Zoning, buildings, etc.: director of the village. Workshops, meetings, con-
ferences, and conventions shall be individually
(1) The village council shall provide for the approved by the public safety director of the
enforcement of a zoning ordinance en- village prior to attendance.
acted pursuant to this part. Each day (Ord. No. 8-81, § 1, 8-27-81; Ord. No. 21-94, § 1,
such offense continues after written no- 10-27-94)
tice shall be deemed a separate offense. Cross references-OfFenses, Ch. 19; police, Ch. 23.
(2) In case any building or structure is erected,
constructed, reconstructed, altered, re-
paired or maintained or any building,
structure, land or water is used in viola-
tion of this Code or any ordinance or other
regulation made under authority con-
ferred hereby, the proper local authori-
ties, in addition to other remedies, may
institute any appropriate action or pro-
ceedings in a civil action in the circuit
court to prevent such unlawful erection,
construction, reconstruction, alteration, re-
pair, conversion, maintenance or use, and
to restrain, correct or abate such viola-
. tion, to prevent the occupancy of such
building, structure, land or water, and to
prevent any illegal act, conduct of busi-
ness, or use in or about such premises.
(Code 1970, § 1-9; Ord. No. 1-77, § 1, 1-13-77; Ord.
No. 4-86, § 5, 4-24-86; Ord. No. 35-2000, § 1,
11-9-00)
Sec. 1-9. Assessment of additional court costs
for criminal justice education ex-
penditures.
(a) The county court shall assess the addi-
tional sum of two dollars ($2.00) pursuant to
Florida Statute section 943.25 (13) as a court cost
against every person convicted for violation of an
~ ordinance of the village and violation of a state
penal or criminal statute within the incorporated
limits of the Village of North Palm Beach and
bond estreature and forfeited bail bond related
thereto. There shall not be an assessment as to an
ordinance relating to the parking of vehicles.
(b) All court costs assessed and collected pur-
suant to this section shall be utilized for criminal
justice education degree programs and training
courses, including basic recruit training, for law
Supp. No. 21 82 [The next page is 133]
BOATS, DOCKS AND WATERWAYS § 5-71
purposes only if the canal cannot be used for tory and acceptable to the village council and such
navigational purposes by virtue of its width, other bond is not necessary for the performance of the
construction features or by virtue of inability of terms of this chapter.
boats to travel thereon continuously to open wa- (Code 1970, § 11-31)
ter.
(Code 1970, § 11-23) Secs. 5-62-5-68. Reserved.
Sec. 5-60. Canal crossings. DIVISION 3. BULKHEADS AND SEAWALLS*
All roadway crossings for all proposed canals Sec. 5-69. Compliance with division re-
for navigation purposes or for navigation and quired.
drainage purposes shall have a minimum vertical
clearance of sixteen (16) feet above mean high All bulkheads or seawalls to be constructed
water and a minimum horizontal clearance of ~"~ithin the corporate limits of the village shall
twenty (20) feet face to face of piling or bulkhead. meet the requirements set forth in this division.
Plans for all crossings of navigation canals or (Code 1970, § 11-26)
navigation and drainage canals shall be submit-
- ted to the village engineers and must be approved Sec. 5-70. Submission of plans and specifi-
by them in writing prior to being constructed. cations.
(Code 1970, § 11-25) Plans and specifications for any bulkhead or
seawall to be constructed within the corporate
Sec. 5-61. Surety bond prerequisite to issu- limits of the village shall be submitted by an
ante of building permit in certain engineer registered in the state and shall bear his
cases. certification and seal on the face thereof.
(Code 1970, § 11-27)
(a) Before a building permit is issued for the
digging or construction of a canal in an unplatted Sec. 5-71. Specifications.
area or in an area where such canal is not to be All bulkheads and seawalls to be henceforth
dedicated to the public, the applicant for such constructed shall be of reinforced or prestressed
permit shall furnish a surety company bond sat- concrete construction and shall be subject to the
isfactory to the village council, guaranteeing that following minimum requirements:
within twelve (12) months from the date of the
permit the construction of the canal, together (1) All materials and construction methods
with the bulkhead or seawall requirements set utilized in the construction shall conform
forth herein, shall be entirely completed in full to the applicable portion of the latest state
accordance with the approved plans submitted department of transportation standard
under this chapter, and copies of these regula- specifications.
tions shall be attached to and constitute a part of (2) Bulkheads and seawalls may be of either
the bond agreement. the king pile-and-slab type or of the tongue-
(b) No permit shall be issued for the construe- and-groove-concrete-sheet-pile type or of
tion or digging of any such canal without such any other type which contains compara-
ble or better qualities for the purposes of
bond. bulkheads or seawalls, depending upon
(c) Extensions of the bond required herein or the recommendation of the designing en-
gineer. All bulkheads and seawalls shall
waiver of such bond may be made by the village be capped with a continuous reinforced
council where it is determined by the council that concrete cap a minimum often (10) inches
the financial resources and the integrity and
reliability of the applicant for a permit is satisfac- a`Cross reference-Bulkhead lines generally, Ch. 7.
Supp. No. 21 327
§ 5-71 NORTH PALM BEACH CODE
~ in depth and fifteen (15) inches in width king pile or support sheet and shall in-
and shall be provided with atwo-inch spect the site prior to backfilling any
chamfer on the top edges of the cap. All anchors or tie rods and before pouring any
bulkheads or seawalls shall be of the cast-in-place construction and before final
anchored type using a suitable tie-back cap pouring.
system. The bulkhead cap shall be placed (2) All precast prestressed sections shall be
at elevation five and five-tenths (5.5) feet certified by the manufacturer to the effect
mean sea level, or shall conform to the that the sections are in conformance with
elevation of the bulkhead caps in exist- the plans and specifications accompany-
ence on adjacent property insofar as pos- ing the permit, and copies of the certifica-
sible. Special exceptions to this elevation tion shall be furnished to the building
requirement maybe granted if the instal- inspector.
lation is in connection with commercial or
industrial development. (Code 1970, § 11-30)
(3) All reinforcing steel shall be provided Secs. 5-74-5-80. Reserved.
with a minimum of two and one-half (2'/2)
inches of concrete cover. Exposed steel DIVISION 4. DOCKS AND PIERS
and anchors, tie rods, etc., shall be coated
with a protective coating of an approved Sec. 5-81. Definitions.
type to prevent corrosion.
(4) All exposed concrete shall be troweled or ~ used in this division, the following terms
rubbed smooth prior to setting whether shall have the indicated meanings, unless the
concrete is cast-in-place or precast con- context clearly indicates otherwise:
struction. Batter pile means pile that is designed and
installed on a slope other than vertical in order to
(5) Plans submitted for the construction of resist horizontal as well as vertical forces.
bulkheads and seawalls shall contain a
cross section of the proposed channel on Commercial dock means a wharf, dock or pier
the canal side of the bulkhead wall. facility for tenants of hotels, apartment houses,
(Code 1970, § 11-28) condominiums and for commercial uses and shall
be constructed only in zoning districts other than
Sec. 5-72. Permit fee. R-1 and R-2.
All applications for permits for bulkheads or Pier means a dock that extends more than five
seawalls shall be subject to a permit fee equal to (5) feet perpendicular to a bulkhead or shoreline.
three dollars ($3.00) per one thousand dollars Private dock, pier, mooring buoy and floating
($1,000.00) of estimated construction cost, which anchor mean those that shall only be used by the
sum shall be payable upon application for such a occupant and his family and shall be constructed
permit. only in R-1 and R-2 Zoning Districts. A private
(Code 1970, § 11-29) dock, pier, mooring buoy or floating anchor shall
not be rented or leased.
Sec. 5-73. Inspection required.
Waue brea)a means a structure designed only to
After issuance of a construction permit and break up waves or boat wakes, not to be used for
commencement of construction on any seawall or mooring or docking boats.
bulkhead, the work shall be subject to the follow- (Code 1970, § 11-32; Ord. No. 3-71, § 2; Ord. No.
ing inspection requirements by the village build- 1-73, § 1; Ord. No. 35-90, § 1, 9-27-90; Ord. No.
ing inspector: 13-98, § 1, 5-14-98; Ord. No. 04-2001, § 1, 2-8-O1)
Cross reference-Rules of construction and definitions
(1) The village building inspector shall be generally, § 1-2.
present during the first installation of
Supp. No. 21 328
BUILDINGS AND BUILDING REGULATIONS § 6-114
3. Is parked within thirty (30) feet Sec. 6-114. Permitted temporary signs.
of any street right-of--way.
(A) Where allowed. Temporary signs are al-
(24) Signs displaying copy that is harmful to lowed throughout the village, subject to the re-
minors as defined by this code. strictions imposed by this section and other rele-
vant parts of this Code. Temporary signs do not
(25) Portable signs as defined by this code. require a building permit.
(26) Marquee sign as defined by this code. (B) Sign types allowed. A temporary sign may
be a pole, ground or building wall sign, but may
(27) Roof sign as defined by this code. not be an electric sign.
(28) Changeable copy sign as defined by this (C) Removal of illegal temporary signs. Any
code. temporary sign not complying with the require-
Exceptions: ments of this section is illegal and subject to
immediate removal by the village forces.
a. Sign for public, charitable, and reli-
gious institutions. (D) Restrictions on content of temporary signs.
A temporary sign may display any message so
b. Motor vehicle service station signs; long as it is not:
provided, however, that said signs
are: (1) Harmful to minors as defined by this
code.
1. Limited to a maximum of twenty
(20) percent of the total sign (2) Advertising as defined by this code, ex-
areafor said vehicle service sta- cept that advertising for the following
tion. purposes may be displayed:
2. Changeable copy is limited to a. To indicate that an owner, either
puce of fuel and the words "cash" personally or through an agent, is
and "credit." actively attempting to sell, rent or
lease the property on which the sign
3. The maximum height ofchange- is located.
able numbers shall be twelve
(12) inches. b. To identify construction in progress.
Such message shall not be displayed
c. .Signs in P-Public District. more than sixty (60) days prior to
(29) Painted wall sign as defined by this code. the beginning of actual construction
of the project, and shall be removed
(30) Neon tube sign located inside or outside a when construction is completed. If a
building and as defined by this code. message is displayed pursuant to
this section, but construction is not
(31) Off site/premise sign as defined in this initiated within sixty (60) days after
code. the message is displayed, or if con-
struction is discontinued for a period
(32) Signs placed on boats or watercraft that of more than sixty (60) days, the
are located on public or private property message shall be removed, pending
other than boat or watercraft name, man- initiation or continuation of construc-
ufacturers name or required license num- tion activities.
bers.
c. To announce or advertise such tem-
(33) Time-Temperature-Date Signs. porary uses as carnivals, revivals,
(Ord. No. 24-93, § 2, 10-14-93; Ord. No. 13-94, § 2, sporting events, garage sales, or any
8-18-94; Ord. No. 37-97, § 1, 8-28-97; Ord. No. public, charitable, educational or re-
12-2000, § 1, 4-27-00) ligious event or function. Such mes-
Supp. No. 21 398.11
§ 6-114 NORTH PALM BEACH CODE
sage shall be removed within two (2) (B) Content. A permanent accessory sign may
working days after the special event. only display any combination of the following,
Approval of the size and locations 'of none of which may be harmful to minors as
the signs by the department of pub- defined in this Code.
lic services is required. (1) Letters depicting the name of the building
d. Political sign. Nothing shall be con- or the name of the building occupant.
strued to regulate the content or
internal design of a political sign. (2) Letters depicting the nature of the busi-
ness and that are a maximum of fifty (50)
Such sign shall be removed not more percent of the height of the letters in
than seven (7) calendar days follow- paragraph (B)(1) of this section.
ing the event advertised by the sign.
(3) A logo symbol for the building or the
(E) Permissible size, height and number of building occupant which does not exceed
temporary signs. fifty (50) percent of the allowable sign
(1) One-family and two-family residences. A area.
parcel on which is located a single one- (4) Street address number and/or name.
family or two-family residence may dis-
play not more than one temporary sign (C) Permissible number, area, spacing and height
with a sign area of not more than five (5) of permanent accessory signs.
square feet. No sign shall exceed five (5) (1) Ground signs:
feet in height. Front setback shall be ten
(10) feet and side setback shall be three a. Multi-family buildings with more
(3) feet. than four (4) dwelling units.
(2) Multi-family residences. Aparcel on which Number -One (1) maximum.
is located amulti-family residence may Sign Area -Maximum thirty-two
display not more than one (1) temporary (32) square feet.
sign with. a sign area of not more than Height -Eight (8) feet maximum.
thirty-two (32) square feet. No individual Set back, Minimum -Ten (10) feet
sign shall exceed eight (8) feet in height. front -three (3) feet side.
Front setback shall be ten (10) feet and b. Commercial occupancy:
side setback shall be three (3) feet.
~ Number -One sign per parcel right-
(3) On all other parcels. All other parcels may of--way frontage maximum.
display not more than one (1) temporary
sign with an aggregate sign area of not Sig~a sign Sign Face
~ Setb¢ck Height Are¢
more than sixteen (16) square feet. No
Minimum Maximum Maximum
sign shall exceed eight (8) feet in height.
(4) All areas. Three (3) temporary political 5 ft. 8 ft. 30 sq. ft.
10 ft. 8 ft. 36 sq. ft.
~ signs, each not exceeding five (5) square 20 ft. 1o rt. 4o sq. ft.
feet in sign area and not more than five 30 ft. 10 ft. 45 sq. ft.
(5) feet in height, may be displayed on a
parcel. (2) Building wall signs:
(Ord. No. 24-93, § 2, 10-14-93; Ord. No. 32-2000, a. Subject to the design criteria of this
§ 1, 10-12-00) article, the maximum mounting
height of a building wall sign shall
Sec. 6-115. Permitted permanent accessory be eighteen (18) feet, except that on
signs. a building of more than two (2) sto-
(A) Sign types allowed. Apermanent accessory
sign may be a ground or building wall sign.
Supp. No. 21 398.12
HEALTH AND SANITATION § 14-28
ARTICLE I. IN GENERAL Sec. 14-26. Frequency of collection.
Secss. 14-1-14-15. Reserved. Commercial garbage shall be collected at least
three (3) times a week, and with greater fre-
quency and in such manner as shall be directed
ARTICLE II. GARBAGE, TRASH AND by the village manager.
REFUSEY (Code 1970, § 18-41)
Sec. 14-27. Charges-Generally.
DIVISION 1. GENERALLY
All property within the village which is im-
Secs. 14-16-14-22. Reserved. proved by a structure for which a certificate of
occupancy is issued after February first of any
year and for which garbage and trash collections
DIVISION 2. GARBAGE COLLECTION AND are made by the village shall pay the following
DISPOSAL fees for collection and disposal of garbage and
trash during the remainder of that calendar year
Sec. 14-23. Definition. in which the certificate of occupancy is issued:
As used in this division, "commercial garbage" (1) One- and two-family homes, four dollars
shall mean every refuse accumulation of animal, and twenty-three cents ($4.23) per dwell-
fruit or vegetable matter that attends the prepa- ing unit per month, or fraction thereof.
ration, use, cooking and dealing in, or storage of
meats, fish, fowl, fruits or vegetables, and any (2) Dwellings of three (3) units or more, four
other matter of any nature whatsoever which is dollars and twenty-three cents ($4.23) per
subject to decay and the generation of noxious or unit per month, or fraction thereof. Where
offensive gases or odors, or which, during or after a dwelling of three (3) or more units is a
decay, may serve as breeding or feeding material condominium and the condominium asso-
for flies or other germ-carrying insects. ciation or the developer of the condomin-
(Code 1970, § 18-1) ium notifies the director of public ser-
Cross reference-Rules of construction and defuutions vices, garbage and trash fees shall be
generally, § 1-2. billed to the individual owners of condo-
minium units.
Sec. 14-24. Garbage cans-Required. (3) For commercial establishments, four dol-
Garbage containers at each commercial estab- Lars and twenty-three cents ($4.23) per
lishment within the village and at each multifam- month, or fraction thereof.
ily dwelling which contains three (3) or more (Code 1970, § 18-49; Ord. No. 2-74, § 1)
units shall provide dumpster-type garbage con-
tainers which can be collected by village garbage Sec. 14-28. Same-Fee for excess amounts
vehicles using the dumpster collection method. from commercial establishments.
(Code 1970, § 18-23; Ord. No. 6-75, § 1, 6-12-75) In the event any commercial establishment has
more than two (2) cubic yards of garbage at any
Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one
All commercial garbage cans shall be kept dollar ($1.00) per cubic yard for all garbage col-
tightly covered at all times, except when neces- lected in excess of two (2) cubic yards. In the event
sary to lift the covers for the purpose of depositing any commercial establishment has more than six
garbage in the garbage can or for the purpose of (6) cubic yards of garbage picked up during any
emptying such garbage into a garbage truck. one (1) week, the occupant thereof shall pay one
(Code 1970, § 18-24) dollar ($1.00) per cubic yard for all garbage col-
lected in excess of six (6) cubic yards per week.
*Cross reference-Refuse disposal divisions, § 2-85(e). (Code 1970, § 18-48)
Supp. No. 21 891
§ 14-29 NORTH PALM BEACH CODE ~-
Sec. 14-29. Same-When and where paid. tax rolls. Failure to pay the fees when due may
All payments required by this division shall be result in the discontinuance of the waste removal
made to the village by the fifteenth of the month service and/or the placing of a lien by the village
for which service is rendered. All delinquent ac- council in the amount of the fees due against the
counts are subject to stoppage of service without property to which service is available, and/or
notice. If a delinquent account is not paid within action by the village code enforcement board.
thirty (30) days, the director of public services (4) The collection of garbage and trash by a
shall cease all refuse collection for that account private person, firm, or corporation hired for such
unless otherwise directed by the village manager. purpose is prohibited except where dumpsters of
Service shall be resumed thereafter only upon greater than two-cubic-yard capacity are used.
payment of the accumulated fees for the period of (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1,
collection and the period of noncollection unless 11-14-91; Ord. No. 18-92, § 1, 10-22-92; Ord. No.
the village manager specifically directs otherwise. 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96;
The stoppage of service herein authorized for Ord. No. 3-98, § 1, 1-8-98; Ord. No. 29-2000, § 1,
nonpayment of collection charges shall be in ad- 9-28-00)
dition to the right of the village to proceed for the
collection of such unpaid charges in a manner Secs. 14-31-14-36. Reserved.
provided by law.
(Code 1970, § 18-53; Ord. No. 2-74, § 2) DIVISION 3. ABANDONED, INOPERATIVE
Sec. 14-30. Commercial use property waste AND JUNKED PROPERTY*
disposal fees and collection pro- Sec. 14-37. Definitions.
cedures.
As used in this division, the following terms
(1) For purposes of this section, commercial shall have the indicated meanings:
use property shall include all property parcels in
the village upon which a building exists with the Motor vehicle includes all vehicles as defined in
exception of residential use property, village- F.S. section 320.01(1), or as elsewhere defined in
owned property and other property used for gov- the Florida Statutes, and shall include, in addi-
ernmental purposes. tion, any vehicle which is self-propelled and de-
(2) Annual disposal fees for garbage and trash signed to travel along the ground or water and
and all other refuse collected by the Village of shall include, but not be limited to, automobiles,
North Palm Beach shall be charged as herein buses, motor scooters, motor bicycles, motorcy-
provided, except as otherwise stated. cles, trucks, tractors, go-carts, golf carts, campers,
trailers and motorboats.
Occupancy Category Fee per• Square Foot Private property means any real property within
Low $ 0.019 the village which is privately owned and which is
Medium 0.049 not public property as defined in this section.
High 0.263 Public property means any street or highway
Occupancy category is as determined bythe Palm v~'hich shall include the entire width between the
Beach County Solid Waste Authority. boundary lines of every way publicly maintained
Total square feet is as determined by the Palm
Beach County Tax Appraiser.
(3) Waste disposal fees shall be due and pay-
able to the village yearly in advance on October 1
of each year regardless of occupancy or use of the
property charged. The fees shall be billed to the
property owner of record as shown on the county ~mCross reference-Motor vehicles and traffic, Ch. 1s.
Supp. No. 21 892
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-28
Sec. 17-23. Declaration where fee depends Sec. 17-25. Transfer of license to new loca-
on variable factors within tion.
applicant's knowledge. Business licenses may be transferred from lo-
Whenever the amount of the license applied for cation to location with the approval and written
depends upon the amount of stock in trade carried authorization of the licensing officer endorsed
by the applicant, or the number of sleeping rooms thereon, provided no change of ownership has
in a hotel, motel, apartment or rooming house, occurred or is in process and the license classifi-
etc., or the amount of capital invested in the cation in which the license was originally issued
business, or the number of seats or spaces in a remains unaffected, but such transferred license
restaurant, etc., or the number of employees, or shall not be held good for any longer time or any
the number of vehicles, or any other facts not other place than that for which it was originally
within the personal knowledge of the licensing issued; provided that the original license shall be
officer, no license shall be issued until the appli- surrendered to and filed with the licensing officer
cant therefor has made and filed with the licens- at the time application for transfer is made, and
ing officer a declaration setting forth the amount such transferred license after being approved
of stock in trade, the number of sleeping rooms, shall be of the same force and effect as the
the amount of invested capital, the number of original license. At the time any such license is
seats or spaces, the number of employees, the transferred, the person applying for such transfer
number of vehicles, or other facts upon which the shall pay to the licensing officer a transfer fee
amount of such license depends, which, to the equal to ten (10) percent of the annual license tax
best of the applicant's knowledge and belief, is but not less than three dollars ($3.00) and not
true, correct and complete. more than twenty-five dollars ($25.00).
(Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 2,
7-11-94)
Sec. 17-24. Transfer of license to new owner. State law reference-Transfer to new location, F.S.
§ 205.043(3).
Business licenses granted or issued under the
provisions of this article may be transferred with Sec. 17-26. License to be posted or carried.
the approval and written authorization of the All licenses granted hereunder shall be posted
licensing officer endorsed thereon, with the busi- in a conspicuous place on the premises where the
ness for which they were taken out when there is licensed business is being conducted, either sta-
abona fide sale and transfer of the property used tionary or mobile or in case of solicitors and
and employed in the business, but such trans- canvassers, said license must be carried upon
ferred license shall not be held good for any longer their person.
time or any other place than that for which it was (Ord. No. 7-81, § 1, 7-23-81)
originally issued; provided, that the original li-
cense shall be surrendered and filed with the Sec. 17-27. Duplicate licenses.
licensing officer at the time application for trans- The licensing officer shall make a charge of one
fer is made, and such transferred license after dollar ($1.00) for each duplicate license issued to
being approved shall be of the same force and replace any license issued under the provisions of
effect as the original license. At the time any such this article which has been lost, stolen, defaced or
license is transferred, the person applying for destroyed, without any willful conduct on the part
such transfer shall pay to the licensing officer a of the licensee, upon the filing by the licensee of a
transfer fee equal to ten (10) percent of the statement attesting to such fact.
annual license tax but not less than three dollars (Ord. No. 7-81, § 1, 7-23-81)
($3.00) and not more than twenty-five dollars Sec. 17-28. Doing business not covered by
($25.00). license; license obtained by false
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 15-94, § 1, statements void ab initio.
7-11-94)
State law reference-Transfer to new owner, F.s. No license issued under the provisions of this
§ 205.043(2). article shall protect any person from prosecution
Supp. No. 21 1055
§ 17-28 NORTH PALM BEACH CODE
for transacting any business, trade or profession Sec. 17-31. License tax exemptions.
not covered by such license, nor shall it protect
any merchant doing business with a greater stock (a) All persons entitled to license tax exemp-
in trade than covered by such license, or any hotel tions by law in connection with state and county
licenses shall be entitled to exemption under this
keeper or rooming house keeper having a greater
article.
number of rooms than is covered by such license.
Any license issued upon any false statement made (b) Any person entitled to an exemption gro-
under oath shall be considered as void ab initio vided by this section shall, upon application and
and shall not protect the holder thereof from furnishing of the necessary proof, execute an
prosecution for transacting business without a affidavit supporting his right to exemption, and
license. be issued a license which shall have plainly
(Ord. No. 7-81, § 1, 7-23-81) stamped or written across the face thereon the
reason for exemption.
(Ord. No. 7-81, § 1, 7-23-81)
Sec. 17-29. Compliance by principal deemed
compliance by agent; noncompli- Sec. 17-32. Engaging in business without li-
ance of principal. cense or under license issued on
false statements.
Where the principal, master or employer has
complied with the provisions of this article, it It shall be unlawful for any person to engage in
shall be unnecessary for his agent, servant or any business, profession or occupation required to
employee to comply herewith, unless otherwise be licensed hereunder without a license or under
expressly provided for herein; provided, however, a license issued upon false statements made by
such person, or in his behalf. Anyperson engaged
that in the event such principal, master or em- in any such business, profession or occupation
ployer shall not have complied with this aa~ticle, without first obtaining a license, if required herein,
each of his agents, servants or employees shall be shall pay a penalty of twenty-five (25) percent of
subject to prosecution, and, upon conviction, to the full year license fee for such trade, in addition
fine or imprisonment to the same extent as his to the license fee set forth herein.
principal, master or employer.
(Ord. No. 7-81, § 1, 7-23-81) In any original prosecution under this section,
the fact that such person is open for business,
shall be prima facie evidence of engaging in such
Sec. 17-30. Suspension or revocation of li- trade, business, profession or occupation, and the
cense; refund of fee. burden shall be upon the defendant to rebut the
same.
Any license hereafter issued by the village may (Ord. No. 7-81, § 1, 7-23-81)
be temporarily suspended or absolutely revoked
or cancelled by a majority vote of the village Sec. 17-33. License tax schedule.
council, when such council shall have ascertained
and determined, in the exercise of its sound The amount which shall be paid by the several
~ discretion, that such action will promote the pub- firms, persons or associations engaging in or
lic peace, health, safety, welfare, harmony or good managing businesses, professions or occupations
order of the neighborhood in which the licensee's for which a license is required is hereby fixed as
place of business is located; provided, however, follows:
that in the case of the revocation and cancellation AGRICULTURAL SERVICES
of such license, the village refund to such licensee Veterinary Services:
the pro rata unearned or unused portion of his
license, provided, further, that no refund shall be Veterinary service form a truck $ 126.00
made where the license is temporarily suspended. Veterinary service to animal spe-
(Ord. No. 7-81, § 1, 7-23-81) cialities 126.00
Supp. No. 21 1056
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33
Animal specialty services, except Natural gas distributors 551.00
veterinary 126.00 Liquified petroleum distributors 551.00
Landscape counseling and plan-
. Water supply (franchise)........... 551.00
ning 126.00
Lawn and garden service........ 105.00 Sanitary sewer services (franchise) . 551.00
Ornamental shrub and tree ser- WHOLESALE TRADE (See RETAIL)
vice 105.00
Wholesale trade -durable goods:
Building construction-Contractors Inventory value cost -not exceed-
as defined by the Contractors Li- ing $1,000.00 37.00
tensing Board of Palm Beach
County 126.00 Each additional $1,000.00....... 9.00
TRANSPORTATION RETAIL TRADE
Local trucking . 63.00 Retail store:
Taxi cabs: Inventory value cost -not exceed-
- ing $1,000.00 37.00
Each place or business 89.00
Each additional $1,000.00....... 9.00
Each vehicle 63.00
Filling station, marine/auto/other:
Water transportation of passengers. 63.00
1-4 dispensers 89.00
Marinas (also see retail) each space
Each additional dispenser 26.00
(minimum $52.50); each......... 3.15
Water transportation services NEC. 63.00 Eating place ($52.00 minimum) each
seat 2.60
Arrangement of passenger transpor- Drinking place (alcoholic drinks)
tation 157.00
($52.00 minimum) each seat..... 2.60
Arrangement of freight/cargo trans- Food service - no seats 126.00
portation 157.00
Non-store retail
COMMUNICATIONS Catalog and mail order 126.00
Radiotelephone communications 168.00 Automatic merchandise machines
Telephone company (franchise) 63.00 operator 267.00
Each machine 31.00
Telephone communication except ra-
diotelephone 168.00 Fuel oil dealer.................. 126.00
Telegraph 456.00 LP gas dealer (bottled gas)...... 126.00
Radio/television broadcasting 393.00 Direct selling -each person/
vehicle........ 126.00
Cable and other pay television ser- Solicitor/canvasser each:
vices 393.00
Per year 330.00
ELECTRIC, GAS AND SANITARY SERVICES Each canvasser 110.00
Electric services (franchise) 551.00 Retail store NEC:
Natural gas transmission (franchise) 551.00 Florist 126.00
Supp. No. 21 1057
§ 17-33 NORTH PALM BEACH CODE
Tobacco store 126.00 Coin operated laundry, dry clean-
News dealer/news stand 126.00 ing:
Optical goods store 126.00 Operator 1-20 machines... 126.00
Each additional machine 6.30
Miscellaneous Retail Store NEC (Con- photographic studio, portrait 126.00
signment, Pawn) 126.00
Beauty shop 126.00
FINANCE, INSURANCE, REAL ESTATE Each state licensed operator 36.00
Depository institution 283.00 Barber shop.................... 126.00
Non-depository institution 283.00 Each state licensed operator 36.00
Security and commodity brokers/ Shoe repair shop 126.00
dealers 682.00 Funeral service................. 283.00
Brokers sales agent 36.00 Additional for ambulance ser-
vice 178.00
INSURANCE
Tax preparation service 126.00
Insurance carriers 126.00 Miscellaneous personal service
Insurance agents, broker service 126.00 NEC 126.00
Insurance sales agent 126.00 Business Service:
REAL ESTATE Advertising agency 126.00
Consumer credit reporting/collec-
Real estate operator ($52.00 mini- tion 126.00
mum):
Mailing, reproduction, commer-
Base (1-5 sleeping rooms) 15.00 cial art and stenographic ser-
Each additional room 3.15 vice 126.00
Real estate agents and manager 126.00 Service to dwellings 126.00
Real estate sales agent 36.00 Miscellaneous equipment rental/
leasing 126.00
Title abstract office 126.00
Personnel supply service 126.00
Land subdividers and developers 178.00 Computer programming, data pro-
Holding and other investment of- cessing 126.00
fices 283.00 Miscellaneous business service
NEC 126.00
SERVICES
Business services NEC.......... 126.00
I Hotels, rooming houses, etc. ($52.00 Telemarketing 178.00
minimum):
Plus each phone........... 36.00
Base (1-5 sleeping rooms) 15.75
Each additional sleeping room 3.15 AUTO SERVICE/REPAIR
Personal Seiwices: Auto rental 126.00
Laundry, cleaning, garment ser- Auto repair shop:
vice 126.00 2 persons 36.00
Supp. No. 21 1058
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33
3-4 persons 57.00 Nursing and personal care facility.. 178.00
5-6 persons 105.00 Hospital.......................... 178.00
7-10 persons 168.00 Medical and dental laboratory 178.00
11-20 persons 210.00 Home health care 126.00
More than 21 persons 346.00 Miscellaneous health services NEC . 126.00
Car wash 126.00
LEGAL SERVICES
MISCELLANEOUS REPAIR SERVICES Attorneys each 126.00
Misc. repair services store 126.00
EDUCATIONAL SERVICES
Misc. repair services from a truck 63.00
Elementary and secondary school 126.00
Misc. repair services with retail store 63.00
Vocational school 126.00
MOTION PICTURES Schools and educational services NEC 126.00
Motion picture production/distribu-
tor 126.00 SOCIAL SERVICES
Motion picture theatre/drive-in..... 262.00 Individual and family services 126.00
Plus per seat/per space.......... 0.47 Job training service 126.00
Child care facility (Fla. Statute) . 147.00
AMUSEMENT AND RECREATION SERVICE Family day care (Fla. Statute) 57.00
Dance studios 126.00 Community residential home (Fla.
Theatrical producers 126.00 Statute)................... 147.00
Bowling center (1-5 alleys) 126.00 Social services NEC 126.00
Each additional alley 36.00 Membership organizations , 126.00
Commercial sports 178.00 ENGINEERING, ACCOUNTING, RESEARCH
Physical fitness facilities 126.00 MANAGEMENT AND RELATED SERVICES
Coin operated amusement device op- Engineering, architectural and sur-
erator 267.00 veying services
Plus each machine 31.00 Engineering, architectural and sur-
veying -each practitioner . 126.00
Amusement and recreation services
NEC 126.00 Residential designer............ 126.00
Fortune teller -fee charged 1,207.00 ACCOUNTING, AUDITING AND BOOKKEEP-
No fee charged - contribu- ING SERVICES
tion . 2,100.00 Accounting/bookkeeping service 126.00
Phrenologist -fee charged 1,417.00 Certified public accountant each 126.00
No fee charged - contribu-
tion 2,100.00 RESEARCH, DEVELOPMENT AND TESTING
SERVICES
HEALTH SERVICES Research, development and testing
Licensed practitioner each......... 126.00 services 126.00
Supp. No. 21 1059
§ 17-33 NORTH PALM BEACH CODE
MANAGEMENTAND PUBLIC RELATIONS SER- protect the general welfare, safety and public
VICES health and morals of the residents of the village.
Unless otherwise stated, the amount of such
Management services 126.00 regulatory fee specified shall be on the basis of
Management consulting services 126.00 one (1) year.
Public relations services 126.00 (Ord. No. 7-81, § 1, 7-23-81)
Facility support management ser- Sec. 17-34.1. Registration required.
vices 126.00 Any person who engages in any business,.occu-
Business consulting services NEC 126.00 pation or profession within the village not re- .
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, quired to obtain a certificate of regulation as
4-12-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. herein provided such as general contractors and
15-94, § 3, 7-11-94; Ord. No. 37-96, § 1, 9-26-96; subcontractors, shall be certified with the licens-
Ord. No. 27-2000, § 1, 9-28-00) ing officer of the village by executing an informa-
tion form provided by the village. The purpose of
Sec. 17-33.1. Marking of commercial vehi- such certification is to provide the village with
cles. information concerning those who are doing busi-
nesswithin the village and, where appropriate, to
(a) It shall be the duty of every person doing assure the village that such persons are licensed
business within the village, to have each and countywide by the county. The fee for this certifi-
every truck or other vehicle used on a job within cation shall be two dollars ($2.00). Anyone violat-
the village painted with or otherwise display the ing this provision by failing to register the re-
name of the person owning same, together with quired information with the licensing officer shall
the business address, and the telephone number be deemed guilty of a misdemeanor of the second
of the place of business. degree.
(b) Each- such vehicle shall be lettered either (Ord. No. 7-81, § 1, 7-23-81)
~ on the door or on the body in such a manner as to Sec. 17-34.2. Application for certificate of
be legible.
regulation.
(Ord. No. 7-81, § 1, 7-23-81)
Before the village shall be required to issue a
certificate of regulation for engaging in or carry-
ARTICLE III. BUSINESSES LOCATED in on an of the businesses rofessions or occu-
lt Y ~P
OUTSIDE VILLAGE LIMITS pations specified and set forth herein, it shall be
the duty of the applicant to file an application
Sec. 17-34. Certificate of business regula- with the licensing officer, such application to be in
tion required; basis of one year. the form required by the village and such appli-
Pursuant to section 166.221, Florida Statutes, cant shall be required to furnish to the licensing
a regulatory fee is hereby imposed by the village
in the respective amounts set forth in section
17-33 of the Code, for the regulation of any
business, profession and occupation carried on
within the municipal boundaries of the village
when such business, profession and occupation
does not have a place of business within the
village. This regulation is instituted and is re-
lated to consumer protection afforded the citizens
of the village and such classes of business, profes-
sion and occupation whose regulation has not
been preempted by the state or county and to
Supp. No. 21 1060
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-99
Sec. 19-65. Vulgar language. matter shall be deemed pi7ma facie evidence of
No person shall use vulgar, profane or indecent intent to use the same or cause the same to be
language on any public street or other public used in violation of such paragraph.
place or in any public dance hall, club dance, (c) Excepted uses. The prohibitions of para-
skating rink or place of business open to public graphs (a) and (b) of this section shall not apply to
patronage. police officers acting in line of duty or to propri-
(Code 1970, § 24-71) etors of business places or their employees using
such substances for the protection of their prop-
Sec. 19-66. Window peeping. erty and their business places when the sub-
No person shall look, peer or peep into, or be stances referred to herein are kept solely for the
found loitering around or within view of, any Purpose of repelling robbers, thieves, murderers
window not on his own property with intent of or other law violators.
watching or looking through such window where (Code 1970, § 24-65)
persons lawfully present on such property would
have a reasonable expectation of privacy. Sec. 19-83. Throwing missiles.
(Code 1970, § 24-77)
No person shall throw any stone or any other
Secs. 19-67-19-81. Reserved. missile upon or at any vehicle, building, tree or
other public or private property, or upon or at any
person in any public or private way or place or
ARTICLE V. OFFENSES AGAINST PUBLIC enclosed or unenclosed ground.
PEACEx (Code 1970, § 24-66)
Sec. 19-82. Stench bombs. Secs. 19-84-19-98. Reserved.
(a) Throwing or' depositing. No person shall
throw, drop, pour, deposit or discharge, upon the ARTICLE VI. NOISE CONTROL#
person or property of another any liquid, gaseous
or solid substance which is injurious to person or Sec. 19-99. Definitions.
property, or which is nauseous, sickening, irritat-
ing or offensive to any of the senses with the For the purpose of this article, whenever any of
intent to wrongfully injure, molest, discomfort, the following words, terms or definitions are used
discommode or coerce another in the use, man- herein they shall have the meanings respectively
agement, conduct or control of his person or ascribed to them in this section except where the
property. No person shall attempt or aid in the .context requires otherwise:
attempt or commission of any of these prohibited
acts. Ambient noise means the all-encompassing noise
associated with a given environment, being a
(b) Possession prohibited. No person shall man- composite of sounds from many sources, near and
ufacture or prepare or have in his possession or far. For the purposes of this Code, ambient noise
under his control, any liquid, gaseous or solid level is that level which is exceeded only fifty (50)
substance or matter of any kind which is injurious percent of the time during an observation period
to person or property, or which is nauseous, sick- of not less than seven (7) minutes, excluding
ening, irritating or offensive to any of the senses, random or intermittent noises and the alleged
with the intent to use the same in violation of offensive noise at the location and the time of day
paragraph (a) of this section or with intent that at which a comparison with an alleged offensive
the same shall be used in violation of such para- noise is to be made. The evaluation of the ambient
graph. The possession or control by any person of
any such liquid, gaseous Or Solid substance Or ~'CrOSS references-Enforcement of Ch. 19, Art. XI by
code enforcement inspector, § 2-171 et seq.; offenses against
Cross reference-Noise control, § 19-99 et seq. public peace, § 19-82 et seq.
Supp. No. 21 1229
§ 19-99 NORTH PALM BEACH CODE j
noise level maybe done in accordance with Amer- vent danger caused by hurricanes, tornados, floods t
ican National Standard 51.13-1971, as amended, or other natural disasters or public calamity; or
or may be done manually as follows: work by private or public utilities when installing
(1) Observe a sound level meter and at either or restoring utility service.
five-second or ten-second intervals and Fixed source means a machine or device capa-
record the A-weighted level indicated by ble of creating a noise level at the property line
the meter needle with the meter on FAST upon which it is located, including, but not lim-
response. ited to, industrial and commercial process machin-
(2) Repeat the observations and measure- ery and equipment, pumps, fans, air conditioning
menns over a period of not less than seven apparatus, refrigeration machines or pool heat-
(7) minutes and of a sufficient time period ers.
so as to make at least fifty (50) readings. Fluctuating noise means a noise in which the
(3) Calculate the A-weighted sound pressure loudness varies with time. This is expressed tech-
level that is exceeded fifty (50) percent of nically as a noise whose sound pressure level
the observation period. This level shall varies significantly and exceeds the ambient noise
also be referred to as the L50. level.
Acoustical terminology. All acoustical terminol- Impulsive noise means a very short duration
ogy and all definitions thereof shall be that con- noise. It is a noise characterized by brief exertions
tamed in ASA 51.1-1960, as amended, American of sound pressure which significantly exceed the
Standard Acoustical Terminology of the American ambient sound pressure.
National Standards Institute.
Intermittent noise means an interrupted noise
Authori,~ed emergency vehicle means vehicles of which reoccurs at either regular or irregular
the fire department (fire patrol), police vehicles intervals, excluding an impulsive noise. The sound
and such ambulances and emergency vehicles of pressure level of an intermittent noise will equal
municipal departments, public service corpora- the ambient environmental level two (2) or more
tions operated by private corporations, and the times during the period of observation.
department of transportation as are designated or
authorized by the department or the chief of Motor vehicle means any vehicle which is self-
police of an incorporated city or any sheriff of any propelled.
of the various counties. Motorcycle means any motor vehicle having a
Decibel means a unit for measuring the inten- seat or saddle for the use of the rider and de-
sity of a sound, the mathematical formula for signed to travel on not more than three (3) wheels
which is expressed as the volume of a sound in contact with the ground, but excluding a trac-
which is equal to ten (10) times the logarithm of tor.
the ratio of the intensity of the sound to the Motor-driven cycle means any motorcycle, and
intensity of a specified standard sound, abbrevi- any motor scooter with a motor which produces
ated "dB." not to exceed five-brake horsepower, including
Discrete tone means a pure tone or a single- every bicycle with a motor attached.
frequency sound. This is expressed technically as Nonsteady noise is the same as a fluctuating
a sound wave whose instantaneous sound pres- noise.
sure varies essentially as a single sinusoidal
function of time. Period of observation means the time interval
during which acoustical data and facts are ob-
Emergency work means work made necessary tamed.
to restore property to a safe condition following a
natural disaster or public calamity; or work re- Sound means a temporal and spatial oscilla-
quired to protect persons or property from immi- tion in pressure, or other physical quantity in a
Supp. No. 21 1230
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-103
medium with internal forces that causes compres- scenic beauty and adequate provision shall be
sion and rarefaction of that medium, and which made by ordinance for the abatement of excessive
propagates at finite speed to distant points. and unnecessary noise.
(Code 1970, § 22-1; Ord. No. 5-75, § 1, 6-12-75)
Sound pressure Zevel, in decibels, of a sound is
twenty (20) times the logarithm to the base ten
(10) of the ratio of the pressure of the sound to the Sec. 19-101. Unlawful to make unnecessary,
reference sound pressure. The reference is 0.0002 excessive or offensive noise.
microbar. The sound pressure level may be eval-
uated using FLAT, A, B, or C scales as defined by It shall be unlawful for any person knowingly
the American National Standards Institute and or willfully, or through his culpable negligence to
shall be labeled dB, dBA, dBB or dBC respec- make or create excessive, unnecessary or offen-
tively. The A-weighted sound pressure level mea- sive noise within the village, as heard by persons.
sured with fast response on an instrument meet- (Code 1970, § 22-3; Ord. No. 5-75, § 1, 6-12-75)
ing American National Standards Institute
specifications or its successor bodies, except that Sec. 19-102. Noise from buildings, premises
only the A-weighting and fast dynamic response or property.
need be provided, shall be called the "sound level."
Steady noise means a nonfluctuating noise or a No person owning, or in possession or control of
noise whose level remains essentially constant any building or premises, shall use the same, or
during the period of observation. rent the same to be used for any business or
employment or residential use, or for any purpose
Unnecessary, excessive or offensive noise is any of pleasure or recreation, if such use shall, by its
sound which: nature, be excessive or offensive, and thereby
(1) Endangers or injures the safety or health disturb or destroy the peace of the neighborhood
in which such building or premises is situated, or
of humans or personal or real property; be dangerous or detrimental to health. This sec-
(2) Exceeds any dBA limits established pur- tion shall not prohibit the operation or periodic
suant to this article; testing of emergency engines, generators and
other equipment necessary to maintain or restore
(3) Is loud and raucous; regulated public utilities service or other neces-
sary public services.
(4) Tends to annoy a substantial number of (Code 1970, § 22-4; Ord. No. 5-75, § 1, 6-12-75)
persons in the community; Or Cross reference-Buildings and building regulations,
(5) Is plainly audible and causes or tends to Ch. s.
cause an adverse psychological or physio-
logical effect on human beings. Sec. 19-103. Horns and signal devices.
Zoning district means any of the several desig- No person shall sound any horn or audible
nated categories in the .zoning code of the village. signal device of any motor vehicle, boat, engine,
(Code 1970, § 22-2; Ord. No. 5-75, § 1, 6-12-75; machine or stationary boiler of any kind while not
Ord. No. 34-2000, § 1, 11-9-00) in motion, nor shall such horn or signal device be
Cross reference-Zoning, App. C. sounded under any circumstances except as re-
quired bylaw, or as a danger warning, nor shall it
Sec. 19-100. Noise control policy. be sounded for any unnecessary or unreasonable
period of time. This section shall not be construed
In furtherance of the mandate of the people, as as forbidding the use of a signal device on a
expressed in article II, section 7 of the constitu- vehicle as a warning signal during the use thereof.
tion of the state, it shall be the policy of the village (Code 1970, § 22-5; Ord. No. 5-75, § 1, 6-12-75)
to conserve and protect its natural resources and Cross reference-Motor vehicles and traffic, Ch. 18.
Supp. No. 21 1231
§ 19-104 NORTH PALM BEACH CODE
Sec. 19-104. Radios, electronic audio equip- Sec. 19-108. Engine exhaust.
went and musical instruments.
It shall be unlawful to discharge into the open
No person shall use, operate or play any radio, air the exhaust of any steam engine, turbine or
phonograph, stereo set, tape player, television set, reciprocating internal-combustion engine of any
sound amplifier or other electronic audio device or kind, whether on a motor vehicle, boat or any
any musical instrument which produces or repro- machine of any kind, except through a muffler or
duces sound, at an excessive or unusually loud other device which will effectively prevent exces-
volume level so as to disturb the peace, quiet and sive or unnecessary loud noise.
comfort of the neighborhood in the vicinity. (Code 1970, § 22-10; Ord. No. 5-75, § 1, 6-12-75)
(Code 1970, § 22-6; Ord. No. 5-75, § 1, 6-12-75) Cross reference-Motor vehicles. and traffic, Ch. 18.
Sec. 19-105. Loudspeakers and devices for Sec. 19-109. Vehicle defect or condition of
advertising. load.
No person shall use, operate or play any loud- It shall be unlawful for any person to operate a
speaker, sound amplifier or musical instrument motor-propelled boat in need of repair, or defec-
which produces or reproduces sound which is cast tive or-under any condition of load, acceleration or
or emitted upon the public streets and sidewalks deceleration, as to create excessive or unneces-
for the purpose of commercial advertising or for sary loud noises.
attracting the attention of the public to any build- (Code 1970, § 22-11; Ord. No. 5-75, § 1, 6-12-75)
ing, structure or place or to the activity which is Cross reference-Motor vehicles and traffic, Ch. 18.
being carried on thereon.
(Code 1970, § 22-7; Ord. No. 5-75, § 1, 6-12-75) Sec. 19-110. Loading, unloadingandunpack-
Cross reference-Licenses and miscellaneous business ing.
regulations, Ch. 17.
' It shall be unlawful for any person engaged in
~ Sec. 19-106. Noisy and boisterous conduct. loading, unloading, packing or unpacking or open-
' It shall be unlawful to knowingly and willfully ing crates, boxes or containers, including the
cause or create excessive or unnecessary noise by loading or unloading of any motor vehicles or
engaging in boisterous, noisy and loud conduct truck trailers onto any truck transport to create
while upon a public street, sidewalk or parkway excessive or unnecessary loud noise.
so as to annoy or disturb the quiet, comfort or (Code 1970, § 22-12; Ord. No. 5-75, § 1, 6-12-75)
repose of persons in any office, store, dwelling,
hotel, motel or residence within the range of Sec. 19-111. Permissible time for construc-
hearing. tion activity.
(Code 1970, § 22-8; Ord. No. 5-75, § 1, 6-12-75) ~ (a) It shall be unlawful for any person to do,
perform or engage in any construction work,
Sec. 19-107. Animal noises. building, excavating, hoisting, grading, pile driv-
It shall be unlawful to keep or maintain any ing, pneumatic hammering, demolition, dredging,
animal or bird within residential zones of the building alteration or repair work of any nature to
village unless the owner thereof shall provide and any building or structure or upon any site for
maintain adequate precautions and sound control same, in the village between the hours of 8:00
techniques to eliminate any excessive, offensive p.m. of one day and 8:00 a.m. of the next day if
or unnecessary noise. It shall not be a violation of any such activity shall cause noises whose levels
this section, however, for any animal or bird to result in excess of the limits as stated in section
give a sound of danger or warning under partic- 19-118. No construction activity shall be permit-
ular circumstances reasonably requiring the need ted on Sundays or legal holidays. Any person
for warning. desiring to engage in the aforesaid activity be-
(Code 1970, § 22-9; Ord. No. 5-75, § 1, 6-12-75) yond the stated hours of limitation, based upon
Cross reference-Animals and fowl, Ch. 4. cases of urgent necessity or upon. the interests of
Supp. No. 21 1232
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-114
public health, safety and ultimate convenience, sion and muffling devices to eliminate annoyance
may apply to the village manager or his represen- and disturbance to persons within the range of
tative for a special permit. Such permits, if granted, hearing as set forth in this article.
shall be limited to a certain period, but may be
renewed for additional periods if the emergency (b) The .director of public services shall require
or need therefor continues. In the issuance of such compliance with all reasonable sound abatement
permits the village manager or his designated measures and sound screening which may be
representative shall weigh all facts and circum- necessary to prevent all existing and new fixed
stances and shall determine whether the reasons mechanical equipment, including, but not limited,
given for the urgent necessity are valid and rea- to air conditioning equipment, from creating ex-
sonable, whether the public health, safety and cessive, unnecessary or offensive noise. All new
ultimate convenience will be protected or better air conditioning equipment hereafter installed in
served by granting the permit requested, and the village shall carry the manufacturer's certifi-
whether the manner and amount of loss or incon- cation of the sound rating, as determined by the
venience to the party in interest imposes a signif- applicable standards of the Air Conditioning and
icant hardship. Upon an affirmative finding of the Refrigeration Institute or the American Society of
foregoing considerations, the village manager or Heating, Refrigeration and Air-Conditioning En-
his designee is authorized to issue the permit gineers. If the sound rating value of an air condi-
requested and any extensions thereof, as may be tinning unit is such that the sound level created
required. Any person aggrieved by the decision of by its operation is in conflict with the provisions
the village manager or his designated represen- of section 19-118, adequate noise suppression and
tative may appeal the decision of the village muffling devices shall be provided to reduce noise
manager to the village council. level to within the allowable limits. All pertinent
information and data as to the sound ratings of
(b) It shall be unlawful for any person to cause such equipment shall be furnished to the depart-
or permit the use of any power-driven machinery, ment of public services at the time the application
tools or equipment in any portion of the village for the building permit is made.
zoned and designated as a residential district or (Code 1970, § 22-14; Ord. No. 5-75, § 1, 6-12-75)
section other than between the hours of 8:00 a.m.
and 6:00 p.m. on weekdays and between the hours Sec. 19-113. Noise measurement procedure.
of 12:00 noon and 6:00 p.m. on Sundays. Power
mowers shall be used only between the hours of For the purpose of determining and classifying
8:00 a.m. and 8:00 p.m. weekdays, and on Sun- any noise as unnecessary, excessive or offensive or
days only between the hours of 12:00 noon and as an unusually loud noise, which is hereby
8:00 p.m. declared to be unlawful and prohibited by this
(Code 1970, § 22-13; Ord. No. 5-75, § 1, 6-12-75; article, the requirements of section 19-118 maybe
Ord. No. 17-76, § 2, 9-23-76) applied; provided however, a violation of this
Cross reference-Buildings and building regulations, article may occur without the occasion of the
Ch. s. measurements being made as hereinafter pro-
vided if circumstances are such that a violation
Sec. 19-112. Fixed mechanical equipment. would be obvious to a reasonable, prudent person.
(Code 1970, § 22-15; Ord. No. 5-75, § 1, 6-12-75;
(a) It shall be unlawful to create any excessive Ord. No. 34-2000, § 2, 11-9-00)
or unnecessary loud noise in excess of the limits of
section 19-118 by the use or operation of any fixed Sec. 19-114. Periods of observation.
mechanical equipment including, but not limited
to, air conditioners, compressor units, power fans All periods of observation made hereunder shall
or blowers or the electric motor or any engine be determined with regard to the character of the
used to drive such device, and such noise shall be noise being measured, and the particular instru-
muffled and deadened by adequate noise suppres- ment used to make the measurement, and shall
Supp. No. 21 1233
§ 19-114 NORTH PALM BEACH CODE
I
be made in accordance with the standards con- (2) If the noise is found to be in violation of
tained in ANSI 51.13-1971, as amended, of the this article, a police officer or designated
American National Standards Institute. person in the department of public ser-
(Code 1970, § 22-16; Ord. No. 5-75, § 1, 6-12-75) vices may give a warning to the person or
persons responsible for the unnecessary,
Sec. 19-115. Voluntary compliance. excessive or offensive noise.
The village will permit, whenever possible, (3) If enforcement action is deemed neces-
those persons creating excessive and unusually sary by the department of public safety,
loud noise to conform to the standards as pro- the person in possession or control of the
vided in this article through voluntary compli- cause- of the unnecessary, excessive or
ante within a reasonable time. offensive noise may be arrested by the
(Code 1970, § 22-17; Ord. No. 5-75, § 1, 6-12-75) department of public safety and charged
with violating this article. In the case of
Sec. 19-116. Enforcement
Authority. enforcement action by the department of
(a) The provisions of this article except those public services, a notice of violation shall
requiring the use of a decibel meter shall be be issued requiring the responsible party
enforced by the department of public safety. to appear before the code enforcement
board.
(b) The provisions of this chapter involving (Code 1970, § 22-19; Ord. No. 5-75, § 1, 6-12-75;
stationary mechanical noise source control and Ord. No. 34-2000, § 4, 11-9-00)
complaints and any authority and responsibility Cross reference-Administration generally, Ch. 2.
specifically designated to the director of public
services shall be investigated and enforced by the Sec. 19-118. Noise control measurement
department of public services. Specifically, where standards for fixed mechanical
the use of a decibel. meter is needed to determine equipment.
sound levels, the department of public services
shall investigate and enforce the article. The The noise from any fixed mechanical equip-
department of public safety shall assist the de- went within the meaning of the applicable zoning
partment of public services when requested to do district classifications of the village shall be deemed
so. to be excessive, unnecessary and unusually loud if
(Code 1970, § 22-18; Ord. No. 5-75, § 1, 6-12-75; the total noise level as measured on the A-scale
Ord. No. 34-2000, § 3, 11-9-00) due to both ambient noise level and the alleged
source of the unnecessary, offensive or excessive
Sec. 19-117. Same-Procedure. noise exceeds the noise levels which are herein
prescribed, the measurement of which is based
(a) Operating motor vehicle noise enforcement. upon decibels, i.e. 0.0002 microbar, and day con-
The procedure for enforcing operating motor ve- ditions referring to the time between 7:00 a.m.
hicle noise standards shall be established in F.S. and 10:00 p.m. and night conditions referring to
316272 and 316.293,. and applicable rules and the time between 10:00 p.m. and 7:00 a.m. All
regulations of the state department of environ- such measurements as well as the method em-
~ mental regulation with the cooperation of the
ployed shall be consistent with the regulations of
state department of highway safety and motor the American National Standards Institute or its
vehicles. successor bodies and shall represent the A-
(b) All other noises. In all other cases, the weighted sound pressure level which is exceeded
procedure for enforcing provisions of this chapter fifty (50) percent of the time (L50) during the
shall be as follows: observation period as described in the definition
of "ambient noise" in section 19-99 of this article.
(1) Apolice officer or designated person in the
department of public services shall inves- (1) At no point on the boundary of or within a
tigate and determine if a violation has or residential area zoned R-1, R-2 or R-3,
is occurring. according to the zoning code of the village
Supp. No. 21 1234
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-184
and official zoning map of the village, and Sec. 19-120. Exemptions.
as a result of any noise source outside of The following are exempt from the operation of
the property in question may the follow- this article:
ing sound pressure levels be exceeded:
a. Day: Fifty-Five (55) dBA. (1) All public parks, schools, playgrounds and
recreation areas specifically designated
b. Night: Fifty (50) dBA. for such activity in performance of that
(2) At no point on the boundary of or within activity.
the area zoned C-1, C-2, C-A, Or C-1A, (2) All equipment tests required by law.
according to the zoning code of the village (3) All procedures or processes required by
and official zoning map of the village may law, and
the following sound pressure levels be
exceeded as a result of any noise source (4) All accidental soundings of equipment or
outside the property in question: mechanical failure of equipment making
a. Day: Sixty (60) dBA. noise prohibited in this article.
(Code 1970, § 22-23; Ord. No. 5-75, § 1, 6-12-75)
b. Night: Sixty (60) dBA.
(3) For any source of sound which emits a Secs. 19-121-19-144. Reserved.
discrete tone, the sound level limits set in
subparagraphs a. and b. of this section ARTICLE VII. RESERVED
shall be reduced by five (5) dB.
(4) For any source of sound measured at the Secs. 19-145-19-182. Reserved.
source, the maximum sound levels shall
not exceed the sound level limits in sub- ARTICLE VIII. WEAPONS
paragraphs a. through c. of this section
by' Sec. 19-183. Possession.
a. Ten (10) dBA from 7:00 a.m. to 10.:00
p.m. in a residential area. (a) Except within his own domicile, no person
shall have in his possession, or carry or use, any
b. Five (5) dBA from 10:00 p.m. to 7:00 air gun, BB gun, gas-operated gun or spring gun
a.m. in a residential area. or any instrument, toy or weapon commonly known
c. Ten (10) dBA at all times in commer- as a "peashooter," "slingshot" or "beany" or any
cial, manufacturing, industrial or ag- bow made for the purpose of throwing or project-
ricultural land use work." ing missiles of any kind by any means whatso-
(Code 1970, § 22-20; Ord. No. 5-75, § 1, 6-12-75; ever, whether such instrument is called by any
Ord. No. 17-76, § 1, 9-23-76; Ord. No. 34-2000, § 5, name set forth above or by any other name.
11-9-00) (b) Nothing herein contained shall be con-
strued to prevent the concealed or open carrying
Sec. 19-119. Special permits excepted. of any type of gun whatsoever when unloaded and
The operational performance standards estab- properly encased, to or from any shooting range or
shooting gallery or to or from an area where
lished by this article except for operating motor hunting is allowed by law.
vehicle noise shall not apply to any public perfor-
mance being conducted in accordance with the (Code 1970, § 24-72; Ord. No. 20-88, § 1, 8-11-88)
provisions of a special permit granted by the Sec. 19-184. Carrying concealed weapons.
village for the conduct of a public performance nor
to any emergency work, as defined by section (a) No person shall wear under his clothes, or
19-99. conceal about his person, or display in a threat-
(Code 1970, § 22-22; Ord. No. 5-75, § 1, 6-12-75) ening manner, any dangerous or deadly weapon
Supp. No. 21 1235
§ 19-184 NORTH PALM BEACH CODE
including, but not by way of limitations, any ical description, occupation, residence, and,
slingshot, cross-knuckles, or knuckles of lead, if residing in a municipality, the street
brass or other metal, or any bowie knife, or any and number where he or she resides; the
knife resemblin a bowie knife r 'f date of the urchase sale rental -
g , o any km e with p or ex
a switchblade or device whereby the blade or change of such weapon; and the name of
blades can the employee or other person making such
be opened by a flick of a button, pressure on the purchase, sale, rental or exchange.
handle, or other mechanical contrivance. (2) Daily reports. Daily reports shall be deliv-
(b) This section shall not be construed to forbid Bred to the director of public safety of
every such purchase, sale, loan or gift.
United States marshals, sheriffs, constables and The report shall be on forms provided by
their deputies, and any regular, special or ex the director of public safety and shall set
officio police officer, or any other law enforcement forth the name in full, the residence, age
officer from carrying or wearing, while on duty, and physical description and the occupa-
such weapons as shall be necessary in the proper tion of the person to whom or from whom
discharge of their duties. such dangerous or deadly weapon has
(Code 1970, § 24-73) been purchased, sold, loaned or given.
Sec. 19-185. Sales ~ estricted. (Code 1970, § 24-74)
Sec. 19-186. Forfeiture; disposition.
(a) Sale of switchblade knives prohibited. No (a) Every person convicted of a violation of this
person. shall sell, offer for sale, or display any article shall forfeit to the village such dangerous
knife or knives having the appearance of a pocket or deadly weapon so concealed or displayed.
knife, the blade or blades of which can be opened
by a flick of a button, pressure on the handle, or (b) Every police officer, upon making any ar-
rest and taking a weapon used in violation of
other mechanical devices. Such knife is hereby articles I through V and this article of this chap-
declared to be a dangerous or deadly weapon ter, shall deliver the same to the judge to be held
within the meaning of section 19-183, and shall be by him until the final determination. of the pros-
subject to forfeiture to the village as provided in ecution for such offense; and, upon the finding of
this article. guilt, it shall then be the duty of such judge to
(b) Display and sale of specified weapons. No deliver such weapon forthwith to the director of
pawnbroker, secondhand dealer or other person public safety who shall make disposition of the
engaged in business in the village shall display or weapon.
place on exhibition in any show window or other (Code 1970, § 24-75)
window facing any street, any brass or metal Secs. 19-187-19-199. Reserved.
knuckles, or any club loaded with lead or other
weight, or any blackjack or billy club.
(c) Record of sales required. Every secondhand ARTICLE IX. WATER SHORTAGE
dealer, pawnbroker or other person engaged in EMERGENCIES'
the sale, rental or exchange of any weapons Sec. 19-200. Definitions.
described in sections 19-183 and paragraph (b) of For the purpose of this article the following
this section shall keep a record of each such terms, phrases, words and their derivations shall
weapon purchased, sold, rented or exchanged at have the meaning given herein. When not incon-
retail.
*Editor's note-Ordinance No. 6-81, 1-6 and 9, en-
(1) Time of recordation. The record shall be acted May 14, 1981, has been codified as Art. IX, 19-200-
] made at the time of the transaction, in a 19-206, at the editor's discretion. Such provisions did not
book kept for that purpose, and shall expressly aniend the Code.
include the name of the person to whom Cross references-Civil emergencies, Ch. 8; health and
sanitation, Ch. 14; planning and development, Ch. 21; streets
such weapon is sold or from whom such and sidewalks, Ch. 24; swimming pools, Ch. 25; trees and
weapon is purchased; his or her age, phys- shrubbery, Ch. 27; subdivisions, APP. B; zoning, APp. C.
Supp. No. 21 1236
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 alized 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 fortwenty- that may already possess an alarm system permit
four (24) hour per day contact and re- as described in section 19-210(c).
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
mises 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
of the 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. 21 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
nr
e t ante 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
premises. Sec. 19-213. False alarm service charge; col-
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, lection.
4-22-93; Ord. No. 36-2000, § 1, 11-14-00) ~ alarm user shall pay the following fees to
Sec. 19-211. Issuance of alarm system per- the village for responses to excessive false alarms
mit. by the public safety department within the calen-
dar year.
An alarm system permit shall be issued to the
alarm user by the director or public safety within (1) In a single alarm user premise, there
thirty (30) days after receipt of the completed shall be no charge for a response to the
application by the director of public safety. An first three (3) alarms within the calendar
alarm system permit shall be denied if: year.
(1) The requested information is not supplied (2) In a multi-unit structure where an alarm
on the application. system permit has been issued for a~om-
(2) Material information on the application is mon alarm system, the no charge sched-
incorrect. ule of service fees reference false alarms
within the calendar year scale will be as
(3) Any person or entity listed on the appli- follows:
cation under items (a)(6), (7), (8) of section
19-209 does not possess any required oc-
cupational or regulatory license to con- 2-20 units -Three (3) no charge
duct the activities required by items (a)(6), false alarms
(7), (8), unless the person or entity is the 21-40 units -Four (4) no charge
alarm user. false alarms
The department of public safety shall give 41-60 units -Six (6) no charge false
notice of the permit expiration date and need for alarms
renewal. Application for renewal will require a 61-80 units -Eight (8) no charge
ten dollar ($10.00) permit renewal fee and up- false alarms
dated information required in section 19-209, 81-100 units -Ten (10) no charge
items (a)(1) through (9). false alarms
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 101-120 units -Twelve (12) no charge
4-22-93) false alarms
121 or more units -Fifteen (15) no charge
Sec. 19-212. Excessive false alarms declared false alarms
a public nuisance. (3) There shall be a service fee charge of fifty
The emission of false alarms within the Galen- dollars ($50.00) for response to any false
dar year as cited in section 19-213(1) and (2) is alarm in excess of the allotted no charge
excessive and constitutes a serious public nui- false alarms within the calendar year as
sauce, and is hereby declared to be unlawful and listed in section 19-213(1) and (2).
Supp. No. 21 1240
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-218
The director of public safety shall keep a record shall identify himself and state the name and
of whenever a false alarm has been responded to telephone number of the alarm business by which
by the public safety department, and shall note such response is requested.
the frequency of such false alarms for each alarm (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
user. The public safety department shall notify 4-22-93)
each alarm user. The public safety department
shall notify each alarm user of the service fee Sec. 19-216. Audible alarms.
charges to be paid within thirty (30) days after
demand. If the alarm user fails to comply with All alarms which may be heard in any public
this notice, the public safety department will place shall be equipped and maintained to auto-
notify the village clerk to send notice for the matically cut off no longer than thirty (30) min-
alarm user to appear before the code enforcement utes after being set off.
board. (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, 4-22-93)
4-22-93)
Sec. 19-217. Enforcement through code en-
Sec. 19-214. Penalty. forcemeat board.
Any person who shall violate the provisions of The director of public safety may initiate action
this article shall, upon conviction thereof, be before the code enforcement board of the village to
punished as provided in section 1-8 of this Code. obtain compliance with this article. Any notices of
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, appearance before the code enforcement board
4-22-93) shall be sent to both the alarm user and property
owner, if different, on the authority of the code
Sec. 19-215. Interference with public safety enforcement board through the village clerk's
department telephone trunk office. The board shall have authority to place a
lines prohibited; alarm busi- lien against the property served by the criminal
ness central office required; detection or fire alarm systems in the amount of
identification required. all service charges assessed by the village pursu-
ant to section 19-213 above. If the alarm user and
(a) No person shall use or cause to be used a property owner are different, the code enforce-
telephone or electronic device or attachment that meat board shall have authority to proceed against
automatically selects a public primary telephone the alarm user who receives written notice even
trunk line of the public safety department or any though the director of public safety has been
other department or bureau of the village, and unable to serve notice upon the property owner.
then reproduces any prerecorded message to re-
port any burglary, unauthorized entry or other The village may proceed by a suit in a court of
emergency. Any such alarm system shall be dis- Proper jurisdiction to collect such service fee charge
connected and its use discontinued within sixty after demand therefore has been made by the
(60) days of enactment of this article [Ordinance village and the alarm user has failed to pay same
11-93]. within thirty (30) days after such demand.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
(b) No person shall provide alarm service sys- 4-22-93)
tem programmed to a central alarm reception
office unless it shall have the central office staffed Sec. 19-218. Exemptions.
at all times, twenty-four (24) hours a day, includ-
ing holidays. This article shall not apply to any alarms
attached to motor vehicles or attached to any
(c) Any staff member of a private alarm service publicly owned property.
system reporting an alarm activation to which the (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
public safety department response is requested 4-22-93)
Supp. No. 21 1241
§ 19-219 NORTH PALM BEACH CODE
Sec. 19-219. Alarm user standards.
All alarm systems installed within the village
shall meet or exceed the standards of, and be
listed, by, Underwriters Laboratory, Inc., and the
Standards of the National Fire Protection Associ-
ation.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
4-22-93)
ARTICLE XI. WELLFIELD PROTECTION
Sec. 19-220. County wellfield protection or-
dinance adopted by reference.
The village adopts,. by reference, the county
wellfield protection ordinance (Ordinance No. 88-
71).
(Ord. No. 22-90, § 1, 6-28-90)
Sec. 19-221. Regulation of business activi-
ties with potential to contami-
nate land and water resources.
A business must notify the county department
of environmental resources management of its
intent to use, store and/or dispose of those haz-
ardous or toxic substances cited in the county
wellfield protection ordinance. This requirement
shall be implemented and monitored through the
annual renewal of village occupational licenses.
At the time of annual renewal, the applicant shall
present proof to the village in the form of a
returned receipt of such notification to the county
department of environmental resources manage-
~ ment.
(Ord. No. 22-90, § 1, 6-28-90)
Cross reference-Licenses and miscellaneous business
regulations, Ch. 17.
Supp. No. 21 1242 LThe next page is 1289]
TAXATION § 26-30
ARTICLE I. IN GENERAL (b) In the case of multiple-peril policies with a
single premium for both the property and casu-
Secs. 26-1-26-15. Reserved. alty coverages in such policies, seventy (70) per-
cent of such premiums shall be used as the basis
for the two-percent excise tax referred to herein.
ARTICLE II. INSURANCE EXCISE TAXES
(c) The excise or license tax shall be payable
Sec. 26-16. Casualty insurance premiums. annually on the first day of March of each year.
(Code 1970, § 38-20)
(a) In accordance with F.S. section 185.08, the
village does hereby assess and impose on every Secs. 26-18-26-28. Reserved.
insurance company, corporation or other insurer
now engaged in or carrying on, or who shall
hereafter engage in or carry on the business of ARTICLE III. UTILITY TAXx
casualty insurance as shown by the records of the
state treasurer in his capacity as state insurance Sec. 26-29. Levied; rate.
commissioner, an excise or license tax in addition A tax in the amount of ten (10) percent is
to any lawful license or excise tax now levied by hereby imposed and levied on each and every
the village amounting to one (1) percent of the purchase of electricity, metered natural gas, liq-
gross amount of receipts of premiums from poli- uefied petroleum gas either metered or bottled,
cyholders on all premiums collected on casualty manufactured gas either metered or bottled within
insurance policies covering property within the the corporate limits of the village. A tax of 2 cents
corporate limits of the village.
($0.02) per gallon is hereby imposed and levied on
(b) In the case of multiple-peril policies with a each and every purchase of fuel oil within the
single premium for both property and casualty corporate limits of the village.
coverages in such policies, thirty (30) percent of (Code 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord.
such premium shall be used as the basis for the No. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1,
one-percent tax above. 9-27-79; Ord. No. 9-81, § 1, 9-24-81; Ord. No.
16-92, § 1, 9-24-92; Ord. No. 23-93, § 1, 9-23-93;
(c) The excise or license tax shall be payable Ord. No. 41-97, § 1, 9-25-97; Ord. No. 24-98, § 1,
annually March 1 of each year after the passing of 10-8-98; Ord. No. 24-2000, § 1, 9-28-00)
an ordinance assessing and imposing the tax Editor's note~ection 3 of Ord. No. 24-98 states that this
herein authorized. ordinance shall take effect on April, 1, 1999.
(Code 1970, § 38-19)
Sec. 26-30. Collection.
Sec. 26-17. Property insurance premiums.
(a) The tax imposed and levied in section 26-29
(a) In accordance with F.S. section 175.101, shall be collected from the purchaser of such
the village does hereby assess and impose on utilities services and paid by such purchaser for
every insurance company, corporation or other the use of the village to the sellers of such
insurer now engaged in or carrying on, or who electricity, fuel oil, metered gas and bottled gas
shall hereafter engage in or carry on, the business (natural liquefied petroleum gas or manufactured
of property insurance, as shown by the records of gas) at the time of the purchaser paying the
the state treasurer in his capacity as state insur- charge therefor to the seller.
ante commissioner, an excise or license tax in
addition to any lawful license or excise tax now (b) The sellers of electricity, fuel oil, metered
levied by the village amounting to two (2) percent gas and bottled gas (natural liquefied petroleum
of the gross amount of receipts of premiums from gas or manufactured gas) within the corporate
policyholders on all premiums collected on prop- limits of the village shall act as the tax collection
erty insurance policies covering property within *State law reference-Public service tax authorized, F.S.
the corporate limits of the village. § 166231.
Supp. No. 21 1629
§ 26-30 NORTH PALM BEACH CODE ~-
I' mediums or agencies for the village, and they aircraft engine fuel or propellant or for use in
shall collect from the purchasers of such utilities internal-combustion engines shall be exempt from
~ services for the use of the village the tax imposed taxation hereunder.
~ and levied by this article and shall report and pay (d) The tax imposed by this article shall not
over to the village all such taxes imposed, levied apply to purchases by any recognized church in
and collected in accordance with the accounting the state for use exclusively for church purposes..
methods and other provisions of this article. (Code 1970, § 38-23; Ord. No. 41-97, § 2, 9-25-97)
(c) The sellers of such electricity, fuel oil, me- Secs. 26-32-26-50. Reserved.
tered gas and bottled gas (natural liquefied petro-
leum gas or manufactured gas) shall account for, ARTICLE IV. TELECOMMUNICATIONS
report and pay over all moneys received by them SERVICE TAX*
on or before the fifteenth day of each and every
month under the provisions of this article, and Sec. 26-51. Levy; rate.
shall submit such moneys, reports and accounting There is hereby levied and imposed by the
to the village treasurer on or before the first day village a public service tax upon purchases within
of the month following the fifteenth day of each the municipality of telecommunications services,
month. The accounting and reports which. shall as defined in F. S. § 203.012, which originate and
accompany such payment shall be upon such terminate in this state, at a rate of seven (7)
forms as can be mutually agreed upon by the percent of the total amount charged for any
village treasurer and the sellers of such electric- telecommunications service provided within the
ity, fuel oil, metered gas and bottled gas (natural village or, if the location of the telecommunica-
liquefied petroleum gas or manufactured gas), tions service provided cannot be determined, the
and if no such agreement can be reached, they total amount billed for such telecommunications
shall be upon such forms as are determined by the service to a telephone or telephone number, a
village treasurer. telecommunications number or device, or a
(Code 1970, § 38-22; Ord. No. 199-69, § 5; Ord. No. customer's billing address located within the vil-
222-71, § 1, 1-14-71) lage, excluding public telephone charges collected
on site, charges for any foreign exchange service
Sec. 26-31. Exemptions. or any private line service except when such
services are used or sold as a substitute for any
(a) The municipal government of the village, telephone company switched service or dedicated
its commissions and agencies, the United States facility by which a telephone company provides a
government, State of Florida, Florida municipal- communication path, access charges, and any
ities and public bodies exempted by law or court customer access line charges paid to a local tele-
order shall be exempted from the payment of the phone company. However, those telecommunica-
! tax imposed and levied by this article. tions services described in F. S. § 203.012(5)(b),
shall be taxed only on the monthly recurring
(b) The tax imposed by this article shall not be customer service charges excluding variable us-
applied against any fuel adjustment charge, and age charges.
such charge shall be separately stated on each (Ord. No. 18-94 § 1, 9-22-94. Ord. No. 43-96 § 1,
bill. "Fuel adjustment charge" shall mean all 12-26-96; Ord. No. 42-97, § ~1, 9-25-97; Ord No.
increases in the cost of utility services to the 25-2000, § 1, 9-28-00)
ultimate consumer resulting from an increase in
the cost of fuel to the utility subsequent to Octo- *Editor's note-Ord. No. 18-94, adopted Sept. 22, 1994,
ber 1, 1973. did not specifically amend the Code and at the. discretion of the
editor said provisions have been included herein as Art. N,
(c) The purchase of natural gas or fuel oil by a 26-51-26-54. Subsequently, Ord. No. 43-96, adopted Dec.
26, 1996, replaced provisons of Ord. No. 18-94 and have been
public or private utility, either for resale or for use included herein as Art. IV, 26-51-26-54. Provisions of Ord.
as fuel in the generation of electricity, or the No. 43-96 did not specifically amend the Code and have been
purchase of fuel oil or kerosene for use as an included at the discretion of the editor.
Supp. No. 21 1630
TAXATION § 26-54
Sec. 26-52. Collection. (b) Purchases of local telephone service or other
telecommunication service for use in the conduct
(a) When a seller of telecommunications ser- of telecommunication service for hire or otherwise
vices renders a bill to the purchaser to cover for resale shall be exempted from the payment of
purchases made during the period of time to the tax imposed and levied by this part.
which the bill is applicable, the amount of public (Ord. No. 18-94, § 3, 9-22-94; Ord. No. 43-96, § 3,
service tax shall be stated separately from gov- 12-26-96; Ord. No. 42-97, § 2, 9-25-97)
ernmental charges and taxes, and shall not be Sec. 26-54. Compensation.
levied thereon.
For the purpose of compensating the seller of
telecommunication service, the seller shall be
(b) The purchaser shall pay such public service allowed one (1) percent of the amount of the tax
tax to the seller at the time of payment of each collected and due to the village in the form of a
such bill. The seller, as collection agent for the deduction from the amount collected for remit-
village, shall collect such public service tax from tance. The deduction is allowed as compensation
the purchaser at the time of payment of each such for keeping of records and for the collection of, and
bill. Provided and to the extent that such bills are the remitting of, the tax.
subsequently paid, the seller shall remit the pub- (Ord. No. 18-94, § 4, 9-22-94; Ord. No. 43-96, § 4,
lic service tax to the village in accordance with the 12-26-96)
provisions hereinafter stated. If any purchaser
refuses to pay such tax specifically, the seller
shall promptly inform the village of the name and
address of such purchaser, and the amount of tax
withheld by such purchaser.
(c) Every seller is hereby required to execute
and file with the village finance director no later
than the twentieth (20th) day of each month a
statement setting forth the amount of such public
service tax to which the village became entitled
under the provisions hereof on account of bills
paid by purchasers during the preceding fiscal
month, and contemporaneously with the filing of
such statements, shall pay the amount of such
public service tax to the village.
(Ord. No. 18-94, § 12 9-22-94; Ord. No. 43-96, § 2,
12-26-96)
Sec. 26-53. Exemptions.
(a) Purchases of telecommunication services
by the government of the village, its council and
agencies and any recognized church in this state
if used exclusively for church purposes and any
religious institution that possesses a consumer
certificate of exemption issued under F.S. ch. 212
shall be exempted from the payment of the tax
imposed and levied by this part.
[The next page is 1681]
Supp. No. 21 1631
1
USE OF RIGHTS-OF-WAY FOR UTILITIES § 28-3
Sec. 28-1. Rules and regulations adopted. the owner fails to make such restoration,
The village hereby prescribes and adopts the the village is authorized to do so and
charge the cost thereof against the own-
rules and regulations [set out in this chapter]
with reference to the placing and maintaining ers. The owner shall be given notice of the
along, across or on any road under the village's cost of such restoration and a copy of a
jurisdiction any electrical transmission, tele- resolution requiring the payment of the
phone, or telegraph lines, pole lines, poles, rail- cost thereof, and shall be given reason-
ways, ditches, sewers, water, heat, or gas mains, able time, which shall not be less than
pipelines, fences, gasoline tanks and pumps, or twenty (20) nor more than thirty (30)
other structures, hereinafter referred to as the days, in which to appear before the village
"utility". The provisions chapter 28 do not apply council to contest the reasonableness of
to cable television systems or cable television the resolution. Should the owner or his
franchises. representative not appear, the determina-
(Ord. No. 15-86, § 1, 10-9-86; Ord. No. 15-97, § 1, tion of the cost to the owner shall be final.
2-17-97) The final resolution of the village shall
constitute a lien on any property of the
Sec. 28-2. Written permit (franchise)-Re- owner and may be enforced by filing an
quired; term. authenticated copy of the resolution in
the office of the clerk of the circuit court of
(a) No utility shall be installed, located or the county wherein the owner's property
relocated along, across or on any road under is located. The owner may obtain judicial
village jurisdiction, unless authorized by a writ- review of the resolution of the village
ten permit, hereinafter referred to as a "fran within the time and in the manner pro-
chise," issued by the village. vided for by the Florida Appellate Rules
(b) No franchise shall be issued for a term in by filing in the circuit court of the county
excess of thirty (30) years. in which the utility was located a petition
(c) Franchises shall not be granted to any for a writ of certiorari in the manner
person who is not a resident of this state, or to any prescribed by such rules.
corporation which is not organized under the laws (3) The franchise holder shall be responsible
of this state or licensed to do business within this for any damage resulting from the issu-
state. ante of such franchise, and shall indem-
(Ord. No. 15-86, § 1(1-3), 10-9-86) nify the village against and assume all
Sec. 28-3. Same-Contents. liabilities for damages which may arise or
accrue to the village for any injury to
All franchises shall contain the following terms persons or properties from the doing of
and conditions: any work authorized by the franchise, or
(1) The installation and repair of a utility the neglect of the franchise holder or any
located along, across or on such road shall of its employees to comply with any ordi-
be done subject to the supervision of the nance regulating the use of the streets to
village. the village, and the acceptance by the
franchise holder of the franchise shall be
(2) When any public road or right-of--way is an agreement by it to pay to the village
damaged or impaired in any way because any sum of money for which the village
of the installation, inspection or repair of may become liable from or by reason of
a utility located along, across or on such such injury.
road or right-of--way, the owner of the
utility shall, at its expense, restore the (4) The franchise holder shall obey and com-
road or right-of-way to its original condi- ply with the village Code and all village
tion before such damage or impairment. If ordinances, including, but not limited to,
Supp. No. 21 1741
§ 28-3 NORTH PALM BEACH CODE
section 36-32 of the village Code, as the of the fiscal year of the franchise holder,
same maybe amended, from time to time. the first of such annual payment to be
(5) The franchise holder shall grant to the paid on or before the first.day of March to
village, as a condition for issuance of the occur during the term of the franchise.
franchise, the right, at and after the expi- Notwithstanding the above, the fee re-
ration of the term of the franchise, in the quired of any telephone company may not
event the franchise holder fails or refuses exceed one (1) percent of the gross re-
to renew the franchise, to purchase the ceipts on recurring local service revenues
property, consisting of all the works con- for services provided within the corporate
strutted and used in the operation and limits of the village by such telephone
use of the utility, together with the appur- company, as provided in F.S. section
tenances, materials, fixtures, machinery 337.401(3).
and real estate pertaining thereto, which (7) The franchise. holder shall be entitled to
is on hand at the time of the expiration of retain five (5) percent of the total fran-
the franchise, at a price to be mutually chise fee due the village in order to defray
agreed upon; provided, however, if the its administrative expenses in complying
price for same cannot be agreed upon, the with the terms and conditions of this
price shall be determined by an arbitra- franchise.
tion board consisting of three (3) persons, (g) Nothing in the franchise shall be con-
one (1) of whom shall be selected by the strued as limiting or affecting in any way
village, one (1) shall be appointed by the the right or power of the village to pass
franchise holder and the two (2) persons ordinances regulating the use of its streets
so selected shall select a third member of and rights-of--way.
the board; and provided further that in
the event the board cannot agree as to the (9) In the event the village, or any other
price to be paid by the village, then the governmental authority with jurisdiction
village shall file appropriate condemna- thereof, changes or requires a change of a
tion proceedings. street or alley configuration or placement,
the owner of the utility shall, at its ex-
(6) As a condition for granting permission to pense, remove, move, rearrange, relocate,
occupy the village streets and rights-of- repair and restore the utility in accor-
way, the franchise holder shall pay to the dance and in compliance with the changed
village a fee of five (5) percent of the gross street or alley configuration or placement.
receipts of the franchise holder from local The provisions of subsection (2) above
service revenues for services provided shall apply to this section.
within the corporate limits of the village (Ord. No. 15-86, § 1(4a-i), 10-9-86; Ord. No.
by the franchise holder. Such fee shall be 26-2000, § 1, 9-28-00)
collected for all commodity utility services
provided within the village and shall ap-
ply equally to all persons and/or institu-
tions, whether not-for-profit or for-profit.
This fee shall not apply to one-time charges,
such as meter installations, late fees or
capital recovery fees. Such fees shall be
paid on or before the first day of March,
June, September and December, based
upon the receipts of the preceding quarter
*Editor's note~ection 36-32 of the 1970 village Code
appears in Appendix B, Subdivisions, of this Code of Ordi-
nances.
[The next page is 1781]
Supp. No. 21 1742
Chapter 29
TELECOMMUNICATIONS
Supp. No. 21 1781
I
I
TELECOMMUNICATIONS § 29-3
Sec. 29-1. Title. as defined by Florida Statute; and, if not defined
therein, be construed to mean the common and
This chapter shall be known and maybe cited ordinary meaning.
as the Village of North Palm Beach Telecommu-
nications Ordinance. Gross receipts shall mean all cash, credits or
(Ord. No. 01-2000, § 1, 2-8-O1) property of any kind or nature, with deductions
for bad debt expense, reported as revenue items to
Sec. 29-2. Intent and purpose. the registrant's audited income statements aris-
ing from, or attributable to recurring local service
It is the intent of the village to promote the revenues of registrant within the village. The
public health, safety, and general welfare by pro- village reserves the right to amend the definition
viding for the use of the public rights-of--way contained herein as permitted by applicable law.
within the village, to adopt and administer rea- The definition herein shall not be applicable as of
sonable regulations consistent with State and October 1, 2001; or such other date as provided by
Federal Law, including F.S. 337.401, 362.01, law, provided that F.S. § 337.401, is amended
and 337.29(3), and the village's home-rule author- effective October 1, 2001, as set forth in Chapter
ity in accordance with the provisions of the Tele- 00-260, Laws of Florida, 2000.
communications Act of 1996, to provide for the Law means any local, state or federal legisla-
payment ofcompensation and other consideration tive, judicial or administrative order, certificate,
by a telecommunications service provider to the decision, statute, constitution, ordinance, resolu-
village for the cost of regulating and maintaining tion, regulation, rule, tariff, guideline or other
the public rights-of--way and for the privilege of requirements, as amended, now in effect or sub-
using the public rights-of--way within the village sequently enacted or issued including, but not
for constructing and maintaining telecommunica- limited to, the Communications Act of 1934, 47
tions facilities, and to establish the reasonable U.S.C. § 151 et seq. as amended by the Telecom-
- regulations concerning the use of the publicrights- munications Act of 1996, Pub L. No. 104-104
of-way by all telecommunications service provid- § 101(a), 110 Stat. 70 codified at 47 U.S.C., and all
ers after the effective date of this chapter. In orders, rules, tariffs, guidelines and regulations
regulating its public rights-of--way, the village issued by the Federal Communications Commis-
shall be governed by and shall comply with all sion or the governing state authority pursuant
applicable federal, state and local laws and regu- thereto.
lations.
(Ord. No. 01-2000, § 2, 2-8-01) Person means any individual, corporation, part-
nership, association, joint venture, estate, trust,
Sec. 29-3. Definitions. syndicate, fiduciary, organization or legal entity
of any kind, and any lawful trustee, successor,
For the purpose of this chapter, the following assignee, transferee or personal representative
terms, phrases, words and derivations shall have thereof, and all other groups or combinations.
the meanings given herein. When not inconsis- pSC means the Florida Public Service Commis-
tent with the context, words used in the present sion.
tense include the future tense, words in the plural
number include the singular number, and words Public rights-of--way means the surface, the
in the singular number include the plural num- airspace above the surface and the area below the
ber. The words "shall" and "will" are mandatory, surface of any public street, highway, road, bou-
and "may" is permissive. Words not otherwise levard, concourse, driveway, freeway, thorough-
defined herein or in any permit that might be fare, parkway, sidewalk, bridge, tunnel, court,
granted hereunder shall be given the meaning set lane, path, alley, way, drive, circle, public ease-
forth in the Communications Act of 1934, 47 ment, public place, or any other property for
U.S.C. § 151 et seq., as amended (collectively the which the village is the authority that has juris-
"CommunicationsAct"), and, if not defined therein, diction and control and may lawfully grant access
Supp. No. 21 1783
§ 29-3 NORTH PALM BEACH CODE
to such property pursuant to applicable law. "Pub- the Federal Communications Commission
lic rights-of--way" shall not include any real or which are directly passed through to end
personal village property except as described above users;
and shall not include village buildings, fixtures, • Interstate service;.
and other structures or improvements, regardless
of whether they are situated in the public rights- Ancillary services such as directory adver-
of--way. tising, directory assistance, detailed bill-
ingservices, inside wire maintenance plans,
Recurring local service revenues means reve- bad check charges, and non-recurring
nues from the monthly recurring charges for local charges for installation, move, changes or
service, including but not limited to: termination services;
(1) Recurring basic area revenues derived Cellular mobile telephone or telecommu-
from the provision of flat-rated basic area nications services; or specialized mobile
services; telephone or telecommunications service;
(2) Recurring optional extended area reve- or specialized mobile radio, or pagers or
nues derived from the provision of op- paging service, or related ancillary ser-
tional extended area services; vices;
(3) Local private line revenues derived from Public telephone charges collected on site;
local services which provide communica- Teletypewriter or computer exchange ser-
tion between specific locations, either vices as defined in F.S. § 203.012(6); or
through dedicated circuits, private switch- Local message rated (message, unit or
ing arrangements, predefined transmis- time basis) and minutes of use charges in
sion paths, whether virtual or physical, or excess of the minimum flat-rated charges
any other method of providing such ser- for similar services.
vices;
This definition shall not be applicable as of Octo-
(4) Revenues from the sale of local services ber 1, 2001, or such other date as provided by law,
for resale; and provided that Section 337.401, Florida Statutes is
(5) Other local service revenues from the amended effective October 1, 2001, as set forth in
provision of secondary features that are Chapter 00-260, Laws of Florida, 2000.
integrated with the telecommunications Registrant or facility owner- shall mean a tele-
network, including, without limitation, ser- .communications company or other person which
vices such as call forwarding, call waiting, seeks to use or occupy the public rights-of--way
and touchtone line service. that has registered with the village in accordance
Except as provided herein, revenues from all ~'~'ith the provisions of this chapter.
recurring local services provided by a registrant Registration and register shall mean the pro-
over atelecommunications facility or system in cess described in section 29-4 whereby atelecom-
the public rights-of--way shall constitute Recur- munications. service provider provides certain in-
ring Local Service Revenues subject to this chap- formation to the village.
ter. Recurring local service revenues do not in-
clude revenues from: Telecommunications company has the meaning
set forth in F.S. § 364.02(12), as amended. The
• Toll charges for the transmission of voice, term "telecommunications company" does not in-
data, video, or other information; elude an open video system or a cable service
Access charges paid by carriers for origi- Provider.
• nation and/or termination of toll tele- Telecommunications facilities, facilities or sys-
phone service as defined in F.S. terns means any facility, equipment or property,
§ 203.012(7),or other charges required by including, but not limited to, cables, conduits,
Supp. No. 21 1784
TELECOMMUNICATIONS § 29-4
converters, splice boxes, cabinets, handholes, man- or relocate any telecommunications facilities in,
holes, vaults, equipment, drains, surface location under, over or across any public right-of--way in
markers, appurtenances, located, to be located, the village shall be considered to be using or
used, or intended to be used, in the public rights- occupying the rights-of--way and shall be required
of-way of the village to transmit, convey, route, to register with the village in accordance with the
receive, distribute, provide or offer telecommuni- terms of this chapter.
cations services. As of October 1, 2001, the term (b) Any telecommunications service provider
"communications" shall be substituted for "tele-
communications", provided that F.S. § 337.401, is desiring to use the public right-of--way shall file a
amended effective October 1, 2001, as set forth in registration with the village which shall include
Chapter 00-260, Laws of Florida, 2000. the following information:
Telecommunications service shall include with- (1) Identity of the applicant and name, ad-
out limitation, the transmission, conveyance or dress and telephone number of applicant's
routing of voice, data, audio, video, or any other primary contact person in connection with
information or signals to a point, or between or the registration;
among points, by and through electronic, radio, (2) A statement of whether the applicant is or
satellite, cable optical, microwave, or other me- expects to be a local service provider and/or
diem or method now in existence or hereafter atoll service provider, for registrations
devised, regardless of the protocol used for such submitted prior to October 1, 2001;
transmission or conveyance. Telecommunica-
tions service," as contemplated herein, does not (3) Evidence of the insurance coverage re-
include the provision of service via an open video quired under this chapter and acknowl-
system or a cable service which shall require edgment that registrant has received and
separate authorizations from the village. As of reviewed a copy of this chapter;
October 1, 2001, the term "communications" shall (4) A copy of Federal and/or state certifica-
be substituted for "telecommunications", provided tion authorizing the applicant to provide
that F.S. § 337.401, is amended effective October telecommunications services.
1, 2001, as set forth in Chapter 00-260, Laws of
Florida, 2000. (5) A security fund in accordance with this
chapter.
Telecommunications service provider shall re-
fer to any person making available or providing (c) The village will review the information
telecommunications services, as defined herein, submitted by the applicant. Such review will be
through the use of a telecommunications facility by the village manager or his or her designee. If
in the public rights-of--way. As of October 1, 2001, the applicant submits information in accordance
with subsection (b) of this section, the registration
the term communications shall be substituted
for "telecommunications," provided that F.S. shall be effective and the village shall notify the
§ 337.401, is amended effective October 1, 2001, applicant of the effectiveness of registration in
as set forth in Chapter 00-260, Laws of Florida, ~'~'~ting. If the village determines that the infor-
2000. matron has not been submitted in accordance
with subsection (b) of this section, the village
Village means the Village of North Palm Beach, shall notify the applicant of the non-effectiveness
an incorporated municipality of the State of Flor- of registration, and reasons for the non-effective-
ida, in its present form or in any later reorga- ness, in writing. The village shall so reply to an
nized, consolidated, or enlarged form. applicant within thirty (30) days after receipt of
(Ord. No. 01-2000, § 3, 2-8-01) registration information from the applicant. A
Registrant may cancel a registration upon writ-
Sec. 29-4. Registration. ten notice to the village noticing that it will no
(a) Each telecommunications service provider longer maintain facilities in the public rights-of-
that desires to place, erect, construct, install, way and will no longer need to pull permits to
locate, maintain, repair, extend, expand, remove, perform work in public right-of--way. Within thirty
Supp. No. 21 1785
§ 29-4 NORTH PALM BEACH CODE
(30) days of any change in the information re- maximum fee or consideration are all taxes, li-
quired to be submitted pursuant to subsection (b) tenses, fees, in-kind contributions accepted pur-
of this section, registrant shall provide updated suant to F.S. § 337.401(5), and other impositions
information to the village. except ad valorem taxes and amounts for assess-
ments for special benefits, such as sidewalks,
(d) A registration shall not convey title, equi- street pavings, and similar improvements, and
table or legal, in the public right-of--way. Regis- occupational license taxes levied or imposed by
trants may only occupy public rights-of--way for the villa e u on a re strant. In the event that
~ telecommunications facilities. Registration does applicab e law currently permits or is amended to
not excuse a telecommunications provider from permit the village to collect a fee higher than one
obtaining appropriate access or pole attachment
before locating its facilities on another person's (1) percent, or permits the village to calculate the
fee on revenues not specified herein, the regis-
facilities. Registration does not excuse a provider trant shall pay, following written notice from the
from complying with all applicable village ordi- village, its fee payments to the village to that
nances, including this chapter. higher amount on the effective date of such law.
(e) Each application for registration or trans- In the event applicable law is amended to require
fer shall be accompanied by anon-refundable the village to collect a fee lower than the current
application fee in the amount of eight hundred statutory limit, the village shall take all neces-
dollars ($800.00). The fee amount shall be equal sary steps to conform the requirements hereof to
to the village's costs and expenses incurred in applicable law. All of the aforestated payments
connection with approving the registration or shall be made to the village quarterly, with such
transfer. If the application fee is insufficient to payments made within twenty (20) days following
cover all costs or expenses incurred by the village the end of each calendar quarter. Payments re-
in connection with approval of the registration or ceived after the due date stated herein shall be
transfer the applicant shall reimburse the village subject to interest in accordance with the interest
for any such costs and expenses in excess of the rate identified in F.S. § 55.03, or its successors.
application fee. Fee amounts, may be amended
from time to time, by resolution of the village (b) Aregistrant, that makes physical use of the
council. This application fee may be credited public rights-of--way, and who is not providing
against fees due under section 29-5. telecommunications services as defined in F.S.
(f) Re stration with the villa e shall be § 203.012(3), as a condition for occupying or using
~ g the public rights-of--way shall pay to the village
nonexclusive. Registration does not establish any wally no less than five hundred dollars ($500.00)
priority for the use of the public right-of--way by a per linear mile of any cable, fiber optic, or other
registrant or any other registrants. Registrations pathway that makes physical use of the public
are expressly subject to any future amendment to rights-of--way. The village may adopt additional
or replacement of this chapter and further subject fees or other consideration, provided that any fee
to any additional village ordinances, as well as or other consideration imposed by the village in
any state or federal laws that may be enacted excess of five hundred dollars ($500.00) per linear
during the term of the registration. mile shall be applied in a nondiscriminatory man-
(Ord. No. 01-2000, § 4, 2-8-01) ner and shall not exceed the sum of:
~ Sec. 29-5. Fees and a ents. (1) Costs directl related to the inconve-
~ P Ym Y
I nience or impairment solely caused by the
(a) In consideration for the rights, privileges disturbance of the public rights-of--way;
and permission granted hereunder, a registrant
hereunder shall pay to the village annually a sum (2) The reasonable cost of the regulatory ac-
equal to one (1) percent of gross receipts of the tivity of the village; and
registrant on recurring local service revenues for
services provided within the corporate limits of (3) The proportionate share of cost of land for
the village. Included within such one (1) percent such street, alley or other public way
Supp. No. 21 1786
TELECOMMUNICATIONS § 29-7
attributable to utilization of the public and accounting files, and such other books and
rights-of--way by a telecommunications ser- records, if such records relate to the calculation of
vice provider. fee payments. The examination of such books,
accounts, records or other materials necessary for
The fee or other consideration imposed pursu- determination of compliance with the terms, pro-
ant to this subsection shall not apply in any visions, and requirements of this chapter shall be
manner to any telecommunications company which during regular hours of business of the registrant
provides telecommunications services as defined at an office of the registrant located within the
in F.S. § 203.012(3), for any services provided by county, or at another location satisfactory to the
such telecommunications company. village. In the event that the village, pursuant to
(c) Notwithstanding anything herein to the an audit, determines that there exists a discrep-
contrary, the village shall at all times hereby ancy in the amount paid and the amount owed to
require the maximum compensation allowed un- the village by the registrant in excess of two (2)
der applicable law. percent, registrant shall pay all reasonable costs,
fees and expenses of the audit. This paragraph
(d) Except to the extent prohibited by applica- shall not apply for periods after October 1, 2001,
ble law: or such other date as provided by law, provided
(1) The fee payments to be made pursuant to that F.S. § 337.401, is amended effective October
this Section shall not be deemed to be in 1, 2001, as set forth in Chapter 00-260, Laws of
the nature of a tax; Florida, 2000.
(2) Such fee payments shall be in addition to (b) Upon reasonable request, a registrant shall
any and all taxes of a general applicabil- Provide the following documents to the village as
received or filed:
ity;
(3) A registrant shall not have or make any (1) Any pleadings, petitions, notices, and doc-
uments, regarding any legal proceeding
claim for any deduction or other credit of involving any provisions of this chapter
all or any part of the amount of said fee which are reasonably necessary for the
payments from or against any of said village to protect its interests under this
village taxes or other fees or charges of chapter.
general applicability which registrant is
required to pay to the village, except as (2) Any request for protection under bank-
required by law; and ruptcy laws, or any judgment related to a
declaration of bankruptcy.
(4) The fee specified herein is the consider- (3) Nothing in this section shall affect the
ation for use of the public rights-of--way, remedies the registrant has available un-
including all public easements, for the der applicable law.
purpose of installing and maintaining a
telecommunications facility. (c) In addition, the village may, at its option,
and upon reasonable notice to the registrant,
(e) The payments required under this section inspect the facilities in the public rights-of-way to
shall not apply as of October 1, 2001; or such ensure the safety of its residents.
other date as provided by law, provided that F.S. (d) The village shall keep any documentation,
§ 337.401, Florida Statutes is amended effective books and records of the registrant confidential to
October 1, 2001, as set forth in Chapter 00-260, the extent required under Florida Statutes.
Laws of Florida, 2000. (Ord. No. 01-2000, § 6, 2-8-O1)
(Ord. No. 01-2000, § 5, 2-8-01) Sec. 29-7. Underground installation; reloca-
tion.
Sec. 29-6. Reports and records.
(a) To the extent required by applicable village
(a) The village may, at its option, upon sixty rules and regulations and not inconsistent with
(60) days notice to the registrant, but in no event applicable PSC rules and regulations, a regis-
more often than once per year, examine the records trant shall install its facilities underground.
Supp. No. 21 1787
§ 29-7 NORTH PALM BEACH CODE ~ -
(b) Every registrant which places or constructs require reimbursement within thirty (30) days
telecommunications facilities underground shall after the submission of the bill by the village to
maintain appropriate participation in the re- the registrant.
gional notification center for subsurface installa-
tions. (e) Subject to F.S. § 337.403, whenever an
order of the village requires such removal or
change in the location of any telecommunications
(c) Any telecommunications facilities hereto- facility from the public rights-of--way, and the
fore or hereafter placed upon, under, over, or facility owner fails to remove or change the same
along any public rights-of--way that is found by at its own expense to conform to the directive
the village to be unreasonably interfering in any within the time stated in the notice, the village
way with the convenient, safe or continuous use may proceed to cause the telecommunications
or the maintenance, improvement, extension or facility to be removed. The expense thereby in-
expansion of such public rights-of--way shall, upon curred except as provided in F.S. § 337.403(1)(a)-
written notice to the registrant or its agent, be (c), shall be paid out of any money available
removed or relocated, within thirty (30) days of therefor, and such expense shall be charged against
such notice, by such registrant at its own expense the owner of the telecommunications facility and
in accordance with F.S. § 337.403. The village levied, collected and paid to the village.
manager may extend the time within which a
registrant shall remove or relocate a telecommu- Subject to F.S. § 337.404, whenever it shall
nications facility, for good cause shown. be necessary for the village to remove or relocate
j any telecommunications facility, the owner of the
telecommunications facility, or the owner's chief
(d) The registrant shall not in any way dis- agent, shall be given written notice of such re-
~ place, damage, or destroy any facilities, including, moval or relocation and an order requiring the
but not limited to, gas, sewer, water main, pipe, payment. of the costs thereof, and shall be given
cable, conduit, fiber optic, or other pathway or reasonable time, which shall not be less than
any other facilities belonging to the village. The twenty (20) nor more than thirty (30) days in
registrant shall be liable to the village for the which to file an appeal with the village council to
costs of any repairs made necessary by any such contest the reasonableness of the order. Upon
displacement, damage or destruction, of facilities receipt of a written appeal, the village council
belonging to the village, and the registrant shall shall place the matter on the council's agenda for
pay such costs upon demand. In the case of an consideration within forty-five (45) working days.
emergency, the village may commence repairs Should the owner or the owner's representative
without any prior notice to the registrant. The not appear, the determination of the cost to the
term emergency shall mean a condition that may owner shall be final, in accordance with F.S.
affect the public's health, safety or welfare. In the § 337.404.
event of an emergency the village may cause the
repairs to be made at the facility-owner's expense, (g) To the extent permitted by -law, a final
utilizing village employees, agents or contractors, order of the village shall constitute a lien on any
charge any and all costs, and require reimburse- Property of the owner and may be enforced by
ment within thirty (30) days after the submission filing an authenticated copy of the order in the
of the bill by the village to the registrant. In all office of the clerk of the circuit court of the county
other non-emergency circumstances, the regis- wherein the owner's property is located.
trant shall be given prior written notice. If such (h) The village retains the right and privilege
repairs are not performed in a reasonable and to cut or move any facilities located within the
satisfactory manner within the thirty (30) Galen- public rights-of--way of the village, as the village
dar days after receiving notice, the village may, manager in his/her reasonable discretion may
cause the repairs to be made at the facility- determine to be necessary, appropriate or useful
owner's expense, utilizing village employees, agents in response to any public health or safety emer-
or contractors, charge any and all costs, and gency. If circumstances permit, the village shall
Supp. No. 21 1788
TELECOMMUNICATIONS § 29-8
attempt to notify the owner of the facility, if service connections to customers' premises where
known, prior to cutting or removing a facility and there will be no disruption of the public rights-of-
shall notify the owner of the facility, if known, way.
after cutting or removing a facility.
(c) As part of any permit application, with
respect to new or existing facilities, where appli-
(i) Upon abandonment of a facility within the cable, in the public rights-of--way, the registrant
public rights-of--way of the village, the owner of shall provide a proposal for construction of the
the facility shall notify the village within ninety telecommunications facility that sets forth at least
(90) days. Following receipt of such notice, the the following:
village may direct the facility owner to remove all
or any portion of the facility if the village deter- (1) An engineering plan signed and sealed by
mines that such removal will be in the best a Florida Registered Professional Engi-
interest of the public health, safety and welfare. neer or prepared by a person who is
In the event that the village does not direct the exempt from such registration require-
removal of the abandoned facility by the owner of ments as provided in F.S. § 471.003, iden-
the facility and the facility owner chooses not to tifying the location of the proposed facil-
remove its facilities, then such owner, by its ity, including a description of the facilities
notice of abandonment to the village, shall be to be installed, where it is to be located,
deemed to consent to the alteration or removal of and the approximate size of facilities and
all or any portion of the facility by another utility equipment that will be located in, on,
over, or above the public rights-of--way.
or person.
(Ord. No. 01-2000, § 7, 2-8-O1) (2) A description of the manner in which the
system will be installed (i.e. anticipated
construction methods and/or techniques),
Sec. 29-8. Use of rights-of--way. the time required to construct the system,
a maintenance of traffic plan for any
(a) A facility owner agrees at all times to disruption of the public rights-of--way, in-
comply with and abide by all applicable provi- formation on the ability of the public
sions of the state statutes and local laws includ- rights-of--way to accommodate the pro-
ing, but not limited to, applicable zoning regula- posed system, if available (such informa-
tions not inconsistent with state and federal laws. tion shall be provided without certifica-
tion as to correctness, to the extent obtained
(b) Except in the case of an emergency, which from other users of the public rights-of-
shall include without limitation an out of service way), and, if appropriate given the system
condition affecting 911 service, and which shall proposed, an estimate of the cost of resto-
require subsequent notification to the village, no ration to the public rights-of--way. Such
telecommunications service provider shall con- plan shall include the timetable for con-
struct any facility on, over, above, along, upon, struction for each phase of the project,
under, across, or within any public right-of--way and the areas of the village which will be
which disrupts the public i7ghts-of--way without affected.
first filing an application with and obtaining a
permit from the village therefor, pursuant to (3) The village may request such additional
applicable permitting requirements of the village, information as it finds reasonably neces-
and other applicable village Code requirements, sary to review an application for a permit
except as otherwise provided in this chapter. In to perform work in the public rights-of-
case of the repair or maintenance of an existing way'
facility, the village may impose lesser require- (d) To the extent not otherwise prohibited by
ments than those set forth herein. Unless other- state or federal law, the village shall have the
wise required by the village Code, no permit shall power to prohibit or limit the placement of new or
be required for installation and maintenance of additional facilities within the public rights-of-
Supp. No. 21 1789
§ 29-8 NORTH PALM BEACH CODE
way, if there is insufficient space to accommodate the public rights-of--way, as may be consistent
all of the requests to occupy or use the rights-of- with applicable law and not inconsistent with this
way, for the protection of existing facilities in the chapter.
public rights-of--way, or for village plans for public
improvements which have been determined by (h) All. safety practices required by applicable
the village to be in the public interest. Law or accepted industry practices and standards
shall be used during construction, maintenance,
(e) All facilities shall be installed, located and and repair of the telecommunications facilities.
maintained so as not to unreasonably interfere
(i) In the event that at any time during the
with the use of the public rights-of--way by the term of the rights granted herein the village shall
public and to cause unreasonable interference lawfully elect to alter, or change the grade of, any
with the rights and convenience of property own- public rights-of--way, upon reasonable notice by
ers who adjoin any of the public rights-of--way. the village, the registrant shall make any neces-
The registrant shall be liable for costs and ex- sary removals, relaying and relocations of its
penses for the displacement, damage or destruc- telecommunications facilities at its own expense,
tion of any irizgation system or landscaping within in accordance with applicable law.
the public rights-of--way, to the extent not covered
by the construction bond. In the event the regis- (j) A facility owner shall obtain any and all
trant fails to make the appropriate repairs, to required permits and pay any and all required
restore such property to as good a condition as fees before commencing any construction on or
existed prior to commencement of work, the af- otherwise disturbing any public rights-of--way as
fected property owner may file a complaint with a result of its construction, except as provided
the village manager or a designee. In this in- herein. The facility owner shall, at its own ex-
stance,. the registrant shall be given prior written pense, restore such property to as good a condi-
notice of the necessary repairs by the village tion as existed prior to commencement of work. A
manager or the designee. If such repairs are not registrant shall guarantee its restoration for a
performed in a reasonable and satisfactory man- period of twelve (12) months after the completion
ner within the thirty (30) calendar days after of such restoration. If such restoration is not
receiving notice, the village may cause the repairs performed in a reasonable and satisfactory man-
to be made at the facility-owner's expense, utiliz- ner within thirty (30) calendar days after the
ingvillage employees, agents or contractors, charge completion of construction, the village may, after
any and all costs, and require reimbursement prior written. notice to registrant, cause the re-
within thirty (30) days after the submission of the pairs to be made at the facility's owner expense,
bill by the village to the registrant. After thirty utilizing village employees, agents or contractors,
(30) days, the village may obtain reimbursement charge any and all costs, and require reimburse-
, from the security fund. The "prior written notice" ment within thirty (30) days after the submission
described in this paragraph shall be considered a of the bill by the village to the registrant. A permit
final written decision for purposes of the appel- from the village constitutes authorization to un-
late rights outlined in subsection (p) of this sec- dertake only certain activities on public rights-of-
tion. way in accordance with this chapter, and does not
create a property right or grant authority to
(f) The use of trenchless technology (i.e., direc- impinge upon the rights of others who may have
tional bore method) for the installation of facili- an interest in the public rights-of--way.
ties in the public rights-of--way as well as joint
trenching and/or the co-location of facilities in (k) All ongoing installation, construction and
existing conduit is strongly encouraged, and should maintenance of a telecommunications facility lo-
be employed wherever possible. Gated in the public rights-of--way shall be subject
to the village's periodic inspection, upon no less
(g) The village may issue such additional rules than three (3) days written notice to the facility
and regulations concerning the placement and owner, for compliance with this chapter, or any
maintenance of a telecommunications facility in applicable provisions of the village Code.
Supp. No. 21 1790
TELECOMMUNICATIONS § 29-8
(1) A facility owner shall not place its facilities c. Repair, replace and restore any side-
so as to interfere unreasonably with any other walk, street, alley, pavement, water,
person lawfully using the public rights-of--way of sewer or other utility line or appur-
the village. tenance, soil, landscaping, dirt or
(m) A facility owner shall cooperate with the other improvement, property or struc-
village by providing timely and complete informa- ture of any nature.
tion requested under this subparagraph. Upon In the event of such failure, the village
completion of any installation or construction of may perform the work utilizing village
new facilities in public right-of--way, at no cost to employees, agents or contractors, charge
the village, the facility owner shall provide such any and all costs, and require reimburse-
information, as may be requested, showing the ment within thirty (30) days after the
exact location of its facilities and structures, in- submission of the bill by the village to
eluding but not limited to, as-built plans, maps, registrant.
geographical information systems, plats, construc-
tion documents, drawings and any other informa- (o) Immediately after the suspension or denial
tion the village may find reasonably necessary. of permit pursuant to this section, the village
Such plans shall be provided in digitized format shall provide written notice of the violation, which
showing the two-dimensional location of the facil- notice shall contain a description of the violation.
ities based on the village's geographical database A final written decision of the village manager
datums, or other format acceptable to the village suspending a permit or denying an application for
manager. All information required by this section a registration is subject to appeal. Upon correc-
shall be maintained in accordance with F.S. tion of any violation that gave rise to a suspension
§ 202.195. or denial of permit, the suspension or denial shall
(n) Suspension or denial of permits. Subject to be lifted.
subsection (p) below, the village manager or a
designee may suspend or deny a permit for work (p) An appeal must be filed with the village
in the public rights-of--way for one (1) or more of within thirty (30) days of the date of the final,
the following reasons: written decisions to be appealed. Any appeal not
timely filed as set forth above shall be waived.
(1) Violation of permit conditions, including The village council shall hear the appeal no later
conditions set forth in this chapter or than :forty five (45) days from the end of the thirty
other applicable provisions of the village (30) day appeal period, unless waived by the
Code or regulations governing use of pub- registrant.
lit rights-of--way; or
(2) Misrepresentation or fraud by registrant (q) In the event registrant desires to use its
in a registration or a permit application to existing facilities or to construct new facilities for
the village; or the purpose of providing other utility or non-
utilityservices to existing or potential consumers,
(3) Failure to relocate or remove facilities as by providing cable services, or any other services
may be lawfully required by the village; or other than the provision of telecommunications
(4) Failure of registrant, its employees, agents service, or for providing any other use to existing
or subcontractors, in connection with the or potential consumers, a registrant shall seek
subject permit, to: such additional and separate authorization from
a. Place barricades or signs around the village for such activities as may required by
work area; applicable law. In the event that a registrant is
acting in its proprietary function as a retail pro-
b. Take reasonable safety precautions eider of telecommunications equipment or appli-
to alert the public of work at the antes, registrant shall seek the appropriate per-
work site; or wits and licenses from the village.
Supp. No. 21 1791
it § 29-8 NORTH PALM BEACH CODE
I
(r) To the extent that any person or registrant • The registrant abandons all of its facili-
leases or otherwise uses the facilities of an entity ties.
that is duly registered or otherwise authorized to prior to such termination by the village result-
place and maintain facilities in the public rights- ing from a violation of any of the provisions of this
of-way of the village, the person or registrant section, the registrant shall be notified by the
shall make no claim, nor assert any right, which village manager with a written notice setting
will impede the lawful exercise of the village's forth all matters pertinent to such violation, and
rights, including requiring the removal of such describing the action of the village with respect
facilities from. the public rights-of--way of the thereto. The registrant shall have sixty (60) days
village, regardless of the effect on the persons after receipt of such notice within which to cure
ability to provide service or on the registrant's the violation, or within which to present a plan,
ability to maintain its own telecommunications satisfactory to the village council, to accomplish
facilities in the public rights-of--way of the village. the same. In the event of an emergency, the
Any person or registrant leasing or otherwise village may take appropriate action in accordance
using the facilities of a registrant or other entity v,ith section 29-7(d) of this chapter. In the event of
authorized to place and maintain facilities in the a vote by the village council to terminate, the
public rights-of--way, may provide the village with registrant shall, within a reasonable time follow-
notice of its use of such facilities, describing the ing such termination remove or abandon the
location of the facilities used and providing the facilities and take such steps as are necessary to
village with an address to which notices from the render every portion of the facilities remaining
village should be sent. In the event the village ~,~,ithin the public right-of--way of the village safe.
exercises its lawful authority to require the re- If the registrant has either abandoned its facili-
moval or relocation of any such facilities, under ties or chooses to abandon its facilities, the village
this provision, such person or registrant leasing may either:
or otherwise using the facilities of a registrant or
other entity authorized to place and maintain Require the registrant's bonding company
facilities in the public rights-of--way, shall receive to remove some or all of the facilities from
notice from the village of such removal or reloca- the public right-of--way and restore the
tion of such facilities. The failure of the village to public right-of--way to its proper condi-
provide notice, under this paragraph, shall not tion; or
render the village's actions under this paragraph The village may require that some or all
invalid. of the facilities be removed and the public
(Ord. No. 01-2000, § 8, 2-8-01) right-of--way restored to its proper condi-
tion at the registrant's expense, utilizing
Sec. 29-9. Involuntary termination of regis- village employees, agents or contractors,
tration. and charge any and all costs, and require
reimbursement.
The involuntary termination of a registration
may only be accomplished by an action of the The obligations of the registrant and the bond-
village council. The village may declare the reg- ing company hereunder shall survive, for a period
istration terminated and revoke and cancel all of twenty four (24) months from, the termination
privileges granted under that registration if: of the registration. In the event of a termination
A federal or state authority suspends, of registration, this provision does not permit the
village to cause the removal of any facilities that
denies, or revokes a registrant's certifica- are used to provide another service for which the
tion to provide telecommunications ser- registrant holds a valid certification with the
vice; governing federal and state telecommunications
• The registrant's use of the public right-of- agencies and is properly registered with the vil-
way presents an extraordinary danger to lage, for such certificated service, under this chap-
the general public or other users of the ter.
right-of--way; or (Ord. No. 01-2000, § 9, 2-8-01)
Supp. No. 21 1792
TELECOMMiINICATIONS § 29-12
Sec. 29-10. Compliance with other laws; po- telecommunications facilities, and the conduct of
lice power. registrant's business in the village, in the mini-
mum amounts of:
A facility owner shall at all times be subject to
and shall comply with all applicable federal, state (1) Two million dollars ($2,000,000.00) com-
and local laws. A facility owner shall at all times bined single limit commercial general lia-
be subject to all lawful exercises of the police bility.
power of the village, to the extent not inconsistent (b) All insurance policies shall be with sureties
with applicable laws. qualified and admitted to do business in the state;
(Ord. No. 01-2000, § 10, 2-8-O1) shall be with sureties with a minimum rating of
A-V in Best's Key Rating Guide, Property/Casu-
Sec. 29-11. Transfer of control; sale or assign- alty Edition or higher except as provided in sub-
ment. section (d) of this section. The village may require
coverage and amounts in excess of the above
(a) If the registrant transfers or assigns its minimums where necessary to reflect changing
registration incident to a sale or other transfer of liability exposure and limits or where required by
the registrant's assets, the transferee or assignee law. A registrant may provide a portion of the
shall be obligated to comply with the terms of this insurance coverage required by subsection (a) of
chapter. Written notice of any transfer, sale or this section through excess or umbrella policies of
assignment shall be provided to the village within insurance and where such policies are in a form
twenty (20) days of the effective date of the acceptable to the village's fisk manager.
transfer, sale or assignment. In order for the
transfer of registration to be effective, the trans- (c) A registrant shall keep on file with the
feree or assignee must comply with the registra- village certificates of insurance which certificates
tion requirements under section 29-4 of this chap- shall indicate that the village, its officers, boards,
ter. council, council members, agents and employees
are listed as additional insureds. In the event of a
(b) Notwithstanding anything in this chapter, potential claim such that the village claims insur-
pledges in trust or mortgages or other hypotheca- ance coverage, the facility owner shall immedi-
tions of the assets of the registrant to secure the ately respond to all reasonable requests by the
construction, operation or repair of its telecommu- village for information with respect to the scope of
nications facilities may be made to any person the insurance coverage.
without notice to the village. Any mortgage, pledge,
lease or other encumbrance of the telecommuni- (d) The certificates of insurance shall further
cations facilities shall be subject and subordinate provide that any cancellation or reduction in
to the rights of the village by virtue of this chapter coverage shall not be effective unless 30-days'
or other applicable law. prior written notice thereof has been given to the
(Ord. No. 01-2000, § 11, 2-8-01) village. A registrant shall not cancel any required
insurance policy without submission of proof that
Sec. 29-12. Insurance; surety; indemnifica- the registrant has obtained alternative insurance
tion. satisfactory to the village which complies with
this chapter. A registrant that elects to self-insure
(a) A facility owner shall at all times maintain all or a portion of the insurance coverage and
the following liability insurance coverage insur- limit requirements required by this section is not
ing the registrant and naming the village, its required, to the extent of such self-insurance, to
officers, boards, council, council members, agents comply with the requirement for the naming of
and employees as an additional insured: worker's additional insureds under this section. A regis-
compensation and employer liability insurance to trant that elects to self-insure shall provide to the
meet all requirements of Florida law and commer- village evidence sufficient to demonstrate its fi-
cial general liability insurance with respect to the nancial ability to self-insure the insurance cover-
construction, operation and maintenance of the age and limit requirements required under this
Supp. No. 21 1793
§ 29-12 NORTH PALM BEACH CODE
section, such as evidence that the registrant is a rights-of--way, in accordance with applicable sec-
"private self insurer" under the Workers Compen- tions of the village Code. The amount of the
it sation Act. For purposes of this section, "self- construction bond shall be as set forth in the
insure" shall also include a registrant which in- engineering permit, and may be modified in the
sures through a "captive insurer" as defined in village manager's reasonable discretion, based on
F.S. § 628.901. the cost of the restoration to take place in the
public rights-of--way,. and any previous history of
(e) A registrant shall, at its sole cost and the registrant concerning restoration within the
expense, release, indemnify, hold harmless, and public rights-of--way of the village.
defend the village, its officials, boards, members,
agents, and employees, against any and all claims, (b) In the event a registrant subject to such a
suits, causes of action, proceedings, judgments for construction bond fails to complete the work in a
damages or equitable relief, and costs and ex- safe, timely and competent manner in accordance
penses sustained by the village, arising out of the with the provisions of the permit, there shall be
construction, maintenance or operation of its tele- recoverable, jointly and severally from the princi-
communications system or facilities in the public pal and surety of the bond, any damages or loss
rights-of--way, regardless of whether the act or suffered by the village as a result, including the
omission complained of is authorized, allowed or full amount of any compensation, indemnification
prohibited by this chapter, provided, however, or cost of removal or abandonment of any prop-
that afacility owner's obligation hereunder shall erty of the registrant, or the cost of completing the
not extend to any claims caused by the negligence work, plus a reasonable allowance for attorneys'
of the village. Village agrees to notify the regis- fees, up to the full amount of the bond.
tram, in writing, within a reasonable time of the
village receiving notice, of any issue it determines (c) Twelve (12) months after completion of the
may require indemnification. Nothing in this sec- construction and satisfaction of all obligations in '
tion shall prohibit the village from participating accordance with the bond, the village shall elim-
in the defense of any litigation by its own counsel inate the bond. Notwithstanding, the village may
and at its own cost if in the village's reasonable require a new bond for any subsequent work
belief there exists or may exist a conflict, poten- Performed in the public right-of--way.
tial conflict or appearance of a conflict. Nothing (d) The construction bond shall be issued by a
contained in this provision shall be construed or surety having a minimum rating of A-1 in Best's
interpreted: Key Rating Guide, Property/Casualty Edition;
(1) As denying to either party any remedy or shall be subject to the approval of the village
defense available to such party under the attorney; and shall provide that:
laws of the State of Florida; and "This bond may not be canceled,
(2) As a waiver of sovereign immunity be- or allowed to lapse, until sixty
yond the waiver provided in F.S. § 768.28. (60) days after receipt by the vil-
(Ord. No. 01-2000, § 12, 2-8-01) lage, by certified mail, return re-
ceipt requested, of a written no-
Sec. 29-13. Construction bond. tice from the issuer of the bond of
intent to cancel or not to renew."
(a) Except in the case of an emergency, which (e) The rights reserved by the village with
shall include without limitation an out of service respect to any construction bond established pur-
condition affecting 911 service, prior to perform- suant to this section are in addition to all other
ing any work in the public rights-of--way, a regis- rights and remedies the village may have under
tram maybe required to establish in the village's this chapter, or at law or equity.
favor a construction bond in an amount specified
in an engineering permit or other authorization (f) The rights reserved to the village under this
as necessary to ensure the registrant's faithful section are in addition to all other rights of the
performance of the construction in the public village, whether reserved in this chapter, or au-
Supp. No. 21 1794
TELECOMMUNICATIONS § 29-15
thorized by other law, and no action, proceeding increase the amount of the security fund to reflect
or exercise of a right with respect to the construc- the increased risks to the village and to the
tion bond will affect any other right the village public.
may have. (Ord. No. 01-2000, § 14, 2-8-01)
(Ord. No. 01-2000, § 13, 2-8-01)
Sec. 29-15. Enforcement remedies.
Sec. 29-14. Security fund.
(a) In addition to any other remedies available
At the time of the registrant's application, the at law or equity or provided in this chapter, the
registrant shall file with the village, for village village may apply any one (1) or combination of
approval, a cash security, a bond, or irrevocable the following remedies in the event a registrant
letter of credit, in the sum of twenty-five thou- violates this chapter, or applicable local law or
sand dollars ($25,000.00), in a form acceptable to order related to use of the public rights-of--way:
the village attorney. The reputation and economic
stability of the company presenting a bond or (1) Failure to comply with the provisions of
irrevocable letter of credit must be approved by this chapter or other law applicable to
the village attorney. The cash security, bond, or users and/or occupants of the publicrights-
irrevocable letter of credit, shall be to secure the of-way, may result in imposition of penal-
full and faithful performance by the registrant of ties to be paid by the registrant to the
all requirements, duties and obligations imposed village in an amount of not less than one
upon registrant by the provisions of this chapter, hundred dollars ($100.00) per day or part
and to pay any taxes, fees or liens owed to the thereof that the violation continues.
village. The bond or irrevocable letter of credit
shall be furnished annually, or as frequently as (2) In addition to or instead of any other
necessary, and shall provide a continuing guaran- remedy, the village may seek legal or
tee of the registrant's full and faithful perfor- equitable relief from any court of compe-
mance at all times. Should the village draw upon tent jurisdiction.
the cash security, bond, or irrevocable letter of
credit, the village shall promptly notify the regis- (b) Before imposing a fine pursuant to this
trant, and the registrant shall promptly restore section, the village shall give written notice of the
the cash security, annual bond, or irrevocable violation and its intention to assess such penal-
letter of credit, to full required amount. In the ties, which notice shall contain a description of
event a registrant fails to perform its duties and the alleged violation. Following receipt of such
obligations imposed upon the registrant by the notice, the registrant shall have thirty (30) days
provisions of this chapter, subject to section 29-15 to cure the violation and the village shall make
below, there shall be recoverable, jointly and good faith reasonable efforts to assist in resolving
severally from the principal and surety of the the violation. If the violation is not cured within
bond, any damages or loss suffered by the village that thirty (30) day period, the village may collect
as a result, including the full amount of any all fines owed, beginning with the first day of the
compensation, indemnification or cost of removal violation, through any means allowed by law.
or abandonment of any property of the registrant,
plus a reasonable allowance for attorneys' fees, up (c) In determining which remedy or remedies
to the full amount of the bond. In lieu of the cash are appropriate, the village shall take into consid-
security, bond, or irrevocable letter of credit, re- eration the nature of the violation, the person or
quired by this section, the village may accept a persons bearing the impact of the violation, the
corporate guarantee of the registrant or its parent nature of the remedy required in order to prevent
company provided that the village attorney ap- further violations, and such other matters as the
proves the reputation and economic stability of village determines are appropriate to the public
the company. The village may from time to time interest.
Supp. No. 21 1795
§ 29-15 NORTH PALM BEACH CODE ~-
(d) Failure of the village to enforce any require- hardship, and misfeasance, malfeasance or non-
ments of this chapter shall not constitute a waiver feasance by any of registrant's directors, officers,
of the village's right to enforce that violation or employees, contractors or agents.
subsequent violations of the same type or to seek (Ord. No. 01-2000, § 16, 2-8-01)
appropriate enforcement remedies.
(e) In any proceeding before the village council
wherein there exists an issue with respect to a
registrant's performance of its obligations pursu-
ant to this chapter, the registrant shall be given
the opportunity to provide such information as it
may have concerning its compliance with the
terms of the chapter. The village council may find
a registrant that does not demonstrate compli-
ancewith the terms and conditions of this chapter
in default and apply any one or combination of the
remedies otherwise authorized by this chapter.
(f) The village manager or his/her designee
shall be responsible for administration and en-
forcement of this chapter, and is authorized to
give any notice required by law.
(g) Nothing in this chapter shall affect the
remedies the registrant has available under ap-
plicable law.
(Ord. No. 01-2000, § 15, 2-8-01)
Sec. 29-16. Force majeure.
In the event a registrant's performance of or
compliance with any of the provisions of this
chapter is prevented by a cause or event not
within the facility owner's control, such inability
to perform or comply shall be deemed excused and
no penalties or sanctions shall be imposed as a
result thereof, provided, however, that such owner
uses all practicable means to expeditiously cure
or correct any such inability to perform or comply.
For purposes of this chapter, causes or events not
~ within a facility owners control shall include,
without limitation, acts of God, floods, earth-
quakes, landslides, hurricanes, fires and other
natural disasters, acts of public enemies, riots or
civil disturbances, sabotage, strikes and re-
straintsimposed byorder of a governmental agency
or court. Causes or events within registrant's
control, and thus not falling within this section,
shall include, without limitation, registrant's fi-
nancial inability to perform or comply, economic
C
Supp. No. 21 1796 [The next page is 2043]
APPENDIX C-ZONING § 45-2
ARTICLE I. IN GENERAL Antiques: Objects of an earlier period such as
furniture, jewelry, stamps, coins, miniaturized
Sec. 45-1. Short title. replicas, works of art, or other decorative articles
that are collected primarily because of their age,
The provisions embraced within this ordinance history, or expectation of increasing value.
shall be known as the "zoning code" and maybe so
cited. Child care facility means a licensed facility
with more than five (5) children that are unre-
Sec. 45-2. Definitions. lated to the operator of the facility and which
complies with F.S. chapter 402.
For the purpose of this ordinance, certain words
and terms are defined as follows: Community residential home, as defined in F.S.
Accessory use is a use customarily incident and chapter 419, means a dwelling unit licensed to
accessory to the principal use of land or building serve clients of the department of health and
located on the same lot. rehabilitative services, which provides a living
environment for seven (7) to fourteen (14) unre-
Accessory building shall include a building lated residents who operate as the functional
customarily incident and accessory to the princi- equivalent of a family, including such supervision
pal use of land or building located on the same lot. and care by supportive staff as may be necessary
In R-1 and R-2 residential dwelling districts an to meet the physical, emotional, and social needs
accessory building shall be limited to an automo- of the residents.
bile garage.
Decorative post structure is the support base for
Adult entertainment. Adult entertainment means alight fixture and shall comply with the following
any adult arcade, adult theater, adult booth, adult requirements:
bookstore/adult video store, adult motel or adult
dancing establishment as defined in Ordinance (1) The installation of a decorative post struc-
No. 88-31, Palm Beach County Adult Entertain- ture shall comply with all village build-
ment Code; or any establishment or business ing, electrical and zoning codes.
operated for commercial .gain where any em-
ployee, operator or owner exposes his/her speci- (2) Free standing.
fled anatomical area for viewing by patrons, in- (3) Conform with the architectural design of
eluding but not limited to: massage establishments the main building veneer.
whether or not licensed pursuant to Chapter 480,
Florida Statutes, tanning salon, modeling studio, (4) May be located within the main building
or lingerie studio. setback areas.
Antenna is a transmitting or receiving device (5) Not more than two (2) decorative post
used in communications that radiates or captures structures per driveway entrance and not
electromagnetic waves, digital signals, analog sig- more than four (4) decorative post struc-
nals, radio frequencies (excluding radar signals), tures per lot.
wireless telecommunications signals or other com- (6) Not more than thirty (30) inches in width
munication signals. (See antenna tower for appli- and depth and/or diameter.
cable regulations).
Antenna tower is a guyed, monopole or self- (7) Not less than eighteen (18) inches setback
from any lot line.
supporting structure, whether free standing or
attached to another structure, containing one or (8) Not more than thirty six (36) inches in
more antennas intended for transmitting or re- height without a fixture. Exception: Not
ceiving television, AM/FM radio, digital, micro- more than seventy-two (72) inches in height
wave, cellular, telephone or similar form of elec- without a fixture when setback amini-
tronic communication. mum of thirty-five (35) feet from any side
Supp. No. 21 2481
§ 45-2 NORTH PALM BEACH CODE
lot line or rear lot line on corner lots and hours provided the total number of children,
not less than thirty-six (36) inches from including the caregiver's own and those related to
any public right-of--way. the caregiver, does not exceed ten (10).
Detached fence storage area is a storage area Floor area is all usable floor space within the
attached to a fence erected on the property line in exterior walls of a structure.
conformance with fence requirements of the North Front, side and rear line of a building shall be
Palm Beach Code. Such storage area shall not deemed and construed to include both the main
f exceed three (3) feet in depth nor be longer or portion of such structure and all projections there-
higher than the fence to which it is attached. Said from, including any garage, carport or an ex-
storage area shall be constructed of the same
material, design and color as the fence to which it tended roof beyond the normal eave or cornice
is attached and the fence and storage area shall forming a cover or roof over an entrance to such
be constructed of opaque materials which prop- dwelling. Any awnings or shutters supported by
erly screen the interior of the storage area from vertical posts, columns or pipes shall also consti-
the view of the adjacent property owners. De- tute the building line. The building line shall not
tached fence storage areas shall not be erected include the eaves of such structures nor any open
closer to the street than the adjacent front wall of terraces, stoops, steps, or planting boxes which do
the main building. No such storage area shall be not extend more than four (4) feet above the level
erected unless its construction conforms to village of the yard grade.
ordinances. Exception. Cantilevered canvas awnings may ex-
Drug store is a store engaged in the sale of tend no more than eight (8) feet into the required
prescription drugs and other items not necessar- front, side or rear setback and shall be set back
ily related to pharmaceuticals. two (2) feet from the side property line.
Front yard is that area between the front
Dwelling is any building or structure designed building line and the front line of the lot, and
exclusively for residential occupancy. A dwelling extending from one (1) side line to the other.
may be designed for one-family, two-family or
multiple-family occupancy, but not including ho- Lamp post is a free standing structure that is
tels, clubs, motels, boarding or lodging houses or not more than four (4) inches in width and depth
house trailers whether such trailers be mobile or and/or diameter and not more than eighty-four
located in stationary fashion as when on blocks or (84) inches in height. The installation of a lamp
other foundation. post shall comply with all village building, elec-
trical and zoning codes. A lamp post may be
Dwelling unit is a single unit providing com- installed within the main building setback area.
plete, independent living facilities for one (1) or
more persons including permanent provisions for Lining area is that area within any dwelling or
living, sleeping, eating, cooking and sanitation. rooming unit, measured between the inner sides
of the exterior walls, made usable for human
Family day care home is an occupied residence habitation, with the following exceptions: Any
in which child care is regularly provided for five utility room or storage space that is not accessible
(5) or fewer preschool children from more than from within the principal structure; all common
~ one unrelated family and which receives apay- corridors, hallways or exits provided for access or
merit, fee or grant for any of the children receiving vertical travel between stories of apartments of
care, whether or not operated for profit. The multifamily units.
maximum five (5) preschool children shall include
preschool children living in the home and pre- Lot is a parcel of land occupied or to be occupied
school children received for day care and not by one (1) main building and its accessory build-
related tothe resident caregiver. Elementary school ings with such open and parking spaces as are
siblings of the preschool children receiving day required by the provisions of this ordinance, and
care may also receive day care outside of school having its principal frontage upon a street.
Supp. No. 21 2482
i
i
APPENDIX C-ZONING § 45-2
Lot of record is a part of the land subdivision, person as defined in F.S. chapter 394; or a child as
the map of which has been recorded in the office of defined in F.S. chapter 39. Residents, as defined
the clerk of the court of Palm Seach County, in F.S. chapters 400, 760, 393 and 394, shall not
Florida. reside in the same community residential home
Mixed-use commercial means a combination of as a child as defined in F.S. chapter 39.
retail commercial and non-retail commercial busi- Retail commercial means any business classi-
nesses where non-retail tenants comprise fifty fled as a "retail trade" establishment using the
(50) percent or more of the gross floor area. Any Standard Industrial Code (S.I.C.) System, pro-
combination of retail and non-retail businesses vided that such business is permitted by the
where the retail component comprises fifty (50) Village Code of Ordinances.
percent or more of the gross floor area shall be
classified as a retail commercial facility. Satellite television antenna is an apparatus
Mobile home park means a residential tenancy capable of receiving communications from atrans-
in which a mobile home is placed upon a rented or mitter or a transmitter relay located in planetary
leased lot in a park in which ten (10) or more lots orbit. Usable satellite signal is a signal which,
are offered for rent or lease. when viewed on a conventional television set, is
at least equal in picture quality to that received
Motel is a group of two (2) or more attached, from local commercial television stations or by
detached, or semidetached buildings containing way of cable television. Satellite dish antennas
guest rooms or apartments with automobile stor- may be erected as an accessory structure in R-1
age or parking space provided in connection there- and R-2 zoning districts, subject to the following
with, designed and used primarily by automobile restrictions:
transients.
(1) The satellite television antenna shall be
Non-retail commercial means any business clas- mounted on the ground only, and shall be
sifted as other than "retail trade" using the Stan- located only in the rear yard of any lot.
dard Industrial Code (S.I.C.) System, provided The satellite television antenna shall be
that such business is permitted by the Village placed so that there shall be a rear and
Code of Ordinances. side yard of not less than five (5) feet, or if
Occupied shall be deemed to include the words a corner lot, a side street yard of not less
"arranged," "designed" or "intended to be occu- than twenty (20) feet.
pied." (2) Such antenna shall not exceed fifteen (15)
Pharmacy is an establishment engaged in the feet in height, including any platform or
preparation of prescription drugs and the sale of structure upon which said antenna is
drugs, prosthetic supplies, surgical instruments mounted or affixed. Such antenna may
and supplies, and .sale and/or rental of aids for not exceed fifteen (15) feet in diameter.
invalids.
(3) Installation of a satellite television an-
Rear yard is that area between the rear build- tenna shall comply with the village build-
ing line and the rear lot line, and extending from ing codes, electrical codes, zoning codes
one (1) side line to the other. On all lots the rear and other village codes that may apply
yard shall be in the rear of the front yard facing thereto.
the street.
(4) Not more than one (1) satellite television
Resident of a community residential home means antenna shall be allowed on any lot.
any of the following: an aged person as defined in
F.S. chapter 400; a physically disabled or handi- (5) Satellite television antennas shall meet
capped person as defined in F.S. chapter 760; a all manufacturer specifications, be of non-
developmentally disabled person as defined in combustible and corrosive-resistant mate-
F.S. chapter 393; a nondangerous mentally ill rial, and be erected in a secure, wind-
Supp. No. 21 2482.1
§ 45-2 NORTH PALM BEACH CODE j
resistant manner. Every such antenna motel accommodations; (3) restaurant facilities; l
must be adequately grounded for protec- (4) florist, tobacco store and stand, and hobbies,
tion against a direct strike of lightning. toys and games.
(6) Satellite television antenna shall be Used shall be deemed to include the words
' screened from all adjoining private prop- "arranged", "designed" or "intended to be used."
ii erty by an opaque fence, an opaque wall
l or by natural landscape planting so planted Yard is the open space on the same lot with the
as to provide maximum opacity that is a main building, unoccupied and unobstructed from
minimum of six (6) feet in height from the ground upward.
grade. Xeriscape means a method of water conserva-
Setback means the distance measured from a tion gained through the utilization of trees, shrubs,
side, rear and front lot line or from the currently vines, plants, groundcover and turf grasses which
designated ultimate right-of--way line (i.e., fed- are drought tolerant. The implementation of ap-
eral, state, county and village) to the closest point propriate planning and design, use of soil amend-
within the lot that may be occupied by a building meats, efficient irrigation, practical turf grass,
or an accessory structure. Front setbacks shall be use of drought tolerant plants, mulches and ap-
based on the platted front line of the property or propriate maintenance results in reduced water
on the ultimate right-of-way line as determined consumption but still provides a very wide range
by the village. of attractive landscaping alternatives.
(Ord. No. 16-71; Ord. No. 22-82, § 1, 12-9-82; Ord.
Side yard is that area between the side build- No. 9-85, § 1, 6-27-85; Ord. No. 17-90, § 1, 6-28-90;
ing line and the side line of the lot and extending Ord. No. 21-90, § 1, 6-28-90; Ord. No. 23-90, § 1,
from the front building line to the rear building 6-28-90; Ord. No. 10-95, § 1, 3-23-95; Ord. No,
line. 23-95, § 1, 7-17-95; Ord. No. 29-95, § 1, 9-28-95; t
Ord. No. 4-98, § 1, 1-2-98; Ord. No. 05-2001, § 1,
Story is that portion of a building between the 3-8-01)
surface of any floor and the surface of the floor Cross reference-Definitions for Cade in general, § 1-2.
next above it, or, if there be no floor above it, then
the space between any floor and the ceiling next Sec. 45-3. Interpretation of provisions.
above it.
In interpreting and applying the provisions of
Street is any public or private thoroughfare this ordinance, they shall be held to be the mini-
which affords the principal means of access to mum requirements for the promotion of the public
abutting property. It may be designated on the health, safety, morals and general welfare of the
map as a street, avenue, boulevard, drive, place, community.
court, road, terrace, way, circle, lane, walk, path
or otherwise. Sec. 45-4. Conflict of provisions.
Time-share unit is a dwelling unit in which the (1) It is not intended by this ordinance to
right of use or occupancy circulates among vari- interfere with or abrogate or annul any ease-
ous persons for specific periods of time less than means, covenants or other agreements between
one (1) year in accordance with a fixed time parties.
schedule.
(2) That where this ordinance imposes a greater
Transient commercial means any one, or a restriction upon the use of buildings or premises,
combination of the following businesses oriented or upon the height of buildings, or requires larger
to serving either village residents or the motoring open spaces than are imposed or required by
public (i.e. in transit through or visiting the area); other ordinances, rules, regulations or by ease-
(l) the sale of fuel, convenience goods and/or meats, covenants, or agreements, the provisions
minor vehicular repair services; (2) hotel and/or of this ordinance shall control
i Supp. No. 21 2482.2
I
APPENDD~ C-ZONING § 45-16
Sec. 45-5. Changes and amendments.
The village council may, from time to time, on
its own motion or on petition, amend, supple-
ment, change, modify or repeal by ordinance the
boundaries or districts or regulations or restric-
tions herein established, after public hearing.
Sec. 45-6. Penalty for violation of provi-
sions.
Any person who shall violate any of the provi-
sions of this ordinance or fail to comply therewith
or with any of the requirements thereof, or who
shall build or alter any building in violation of any
detailed statement or plan submitted and ap-
proved thereunder, upon conviction thereof shall
be punished as provided in section 1-8 [of the
village Code], and each day such violation shall be
permitted to exist shall constitute a separate
offense. The owner or owners of any buildings or
premises or part thereof, where anything in vio-
lation of this ordinance shall be placed, or shall
exist, and any architect, builder, contractor, agent,
person or corporation employed in connection
therewith shall each be guilty of a separate of-
fense and upon conviction thereof shall be pun-
ished as provided in section 1-8.
Secs. 45-7-45-15. Reserved.
ARTICLE II. GENERALLY
Sec. 45-16. Division of village into districts;
districts enumerated.
In order to classify, regulate and restrict the
uses of land and buildings, the height and bulk of
Supp. No. 21 2482.3
i
��
i
APPENDIX C-ZONING § 45-31
Table of Parking
Uses Spaces Required
each shall require ninety (90) off-street parking
spaces; and ninety (90) dwelling units contain-
ing two (2) bedrooms each shall require one
hundred thirty-five (135) off-street parking spac-
es).
Building lots containing five (5) or more stores, or There shall be a ratio of four (4) square feet of
fifteen thousand (15,000) square feet of building parking (including driveways required for in-
gress and egress and circulation) to each one (1)
square foot of retail floor space.
Veterinary establishments Five (5) spaces per veterinarian based on the
maximum design capacity of the facility, or five
(5) spaces for every four hundred (400) square
feet of usable floor space, whichever is greater.
H. Off-street parking lot layout, construction 5. Plans for the layout of a parking lot must
and maintenance. Whenever the required off- be approved by the village engineer based
street parking requires the building of a parking on design standards approved by the In-
lot, and wherever a parking lot is built, such stitute of Traffic Engineers.
parking lot shall be laid out, constructed and
maintained in accordance with the following reg- 6. The parking lot shall not have access from
ulations: amore restrictive zoning district.
1. Each parking space shall be not less than 7. No parking shall be permitted in the front
two hundred (200) square feet in area and yard or the side yard.
shall be a definitely designated and marked
stall adequate for one (1) motor vehicle. I. Time-share structures; floor area. In time-
2. All areas devoted to permanent off-street share structures, each dwelling unit having one
parking as required under this section (1) bedroom shall have a minimum floor area of
seven hundred fifty (750) square feet; an addi-
shall be built in accordance with specifi- tional one hundred fifty (150) square feet of floor
cations for streets and parking of the area shall be required for each additional bed-
Village of North Palm Beach and main- room provided.
tained in such manner that no dust will
result from continuous use.
J. Architecture. To provide the village with
3. The parking lot shall be drained to elim- harmonious development, but without undue re-
inate surface water. strictions, the following features are required:
4. Where parking lot abuts a residential 1. All building fronts and sides must be
district which has common frontage in the completely enclosed except for necessary
same block with the parking lot, there doorways for ingress and egress.
shall be established a setback line of twen-
ty-five (25) feet from the street lot line for 2. No canopies are permitted unless con-
the first twenty-five (25) feet from the strutted of metal or other permanent ma-
residential zone. terials and [unless the canopies] are in-
Supp. No. 21 2497
§ 45-31 NORTH PALM BEACH CODE /
stalled parallel to the store front sidewalks b. For each one and one-half (h/z) des- t\
not less than nine (9) feet above the side- ignated boat storage spaces con-
walk. netted with wet boat storage facili-
(Ord. No. 10-73, § 6, 9-13-73; Ord. No. 1-78, § 1, ties, there shall be provided one (1)
j 2-9-78; Ord. No. 22-82, 4, 5, 9, 12-9-82; Ord. No. two hundred-square-foot parking
15-84, § 2, 7-12-84; Ord. No. 47-96, § 1, 12-12-96; space, exclusive of workshop and of-
Ord. No. 27-99, 3, 4, 8-12-99) Tice areas.
c. For each one hundred (100) square
Sec. 45-32. C-1Alimited commercial district. feet of workshop floor area, there
A. Uses permitted. Within any C-lA limited shall be provided one (1) two hundred-
commercial district, no building, structure, land square-foot parking space, and for
or water shall be used, except for one (1) or more each two hundred (200) square feet
of the following uses: of workshop area above the first floor,
there shall be provided one (1) two
1. Reserved. hundred-square-foot parking space.
2. Hotels, motels and time-share units. d. For each three hundred (300) square
feet of floor area used for office pur-
3. Restaurants other than drive-in restau- poses, there shall be provided one (1)
rants, including cocktail lounges. two hundred-square-foot parking
4. Nursery and private schools. space.
e. All new marinas and major improve-
s. Golf club and its accessory uses such as ments to existing marinas shall pro-
restaurant, bar, driving range and equip- vide sewage pump-out service to boats
ment store. seven. (7) meters (twenty-two and
6. Professional offices including real estate ninety-seven hundredths (22.97) feet)
offices, finance offices, medical and dental in length or more.
clinics and the like, providing same are B. Building height regulations. No main build-
architecturally and structurally in har- ing shall exceed two (2) stories or thirty (30) feet
mony with the spirit of the community. in height at the required front, rear and side
7. Marinas and their accessory uses such as building lines. For structures in excess of two (2)
wet boat storage facilities, indoor dry boat stories in height, five (5) feet shall be added to the
storage facilities, gasoline supplies and required front, rear and side yards for each story
such minor repair facilities as are inciden- added to the building in excess of two (2). No main
~ tal to boat storage and which do not building, however, shall occupy more than thirty-
involve major boat and/or engine over- five (35) percent of the site area so required.
haul, provided all facilities are architec- C. Building site area regulations.
turally and structurally in harmony with
the spirit of the community. Provided fur- 1. For single- and multiple-family dwelling
ther that: structures, the same as required in the
a. For each three thousand (3,000) cu- R-1 and R-3 districts, respectively.
bit feet of designated boat storage D. Yard space regulations.
space connected with indoor dry boat 1. Front yards.
storage facilities and for each five
j hundred (500) square feet of indoor (a) For main structures of two (2) sto-
retail boat display floor area, there Ties or less, there shall. be a front
shall be provided one (1) two hundred- yard of not less than fifty (50) feet
square-foot parking space, exclusive measured from the street line to the
of workshop and office areas. front line of the main building.
Supp. No. 21 2498
APPENDIX C-ZONING § 45-32
(b) For structures in excess of two (2) 5. Motels, one (1) space for each guest bed-
stories inheight, the front yard depth room, plus one (1) space for the resident
required shall be controlled by the manager or owner.
provisions defined in paragraph B of 6. Restaurants, one (1) space for each seventy-
this section. five (75) square feet of floor area devoted
2. Rear- yard. to patron use, or one (1) space per three
(3) fixed seats, whichever is the greater,
(a) For main structures of two (2) or less and one (1) space for each one and one-
stories, the same as for R-1 and R-2 half (11/2) projected employees who would
district. be actually working during peak employ-
(b) For structures in excess of two (2) ment hours.
stories in height, the rear depth re- 7. No parking shall be permitted in the first
quired shall be controlled by the ten (10) feet of the required front yard
provisions defined in paragraph B of depth, measured from the front property
this section. line. The restriction against parking in
the first ten (10) feet of the required front
3. Side yards. yard depth measured from the front prop-
(a) For structures of two (2) stories or erty line shall not apply to those proper-
less, the same as for R-1 and R-2 ties which have complied in full with the
districts. landscaping provisions of chapter 41-16
through 41-25 [chapter 27, article III],
(b) For structures in excess of two (2) both inclusive.
stories in height, the side yard re-
quirements shall be controlled by Each convalescent hospital and
the provisions defined in paragraph nursing home shall be provided with
B of this section. one (1) parking space (200 square
feet) for each six (6) beds in the
(c) For a distance of one (1) block on establishment, plus one (1) parking
streets intersecting U.S. [Highway space for each three hundred (300)
No.] 1, measured from the right-of- square feet of administrative and
way line of said U.S. [Highway No.] service area within the building
1, side yards of at least twenty-five (kitchen, service halls, chapel, din-
(25) feet in depth shall be provided. ing room, lounge, visiting areas and
treatment rooms).
E. Off-street parking regulations.
F. Floor area regulations.
1. For single- and multiple-family struc- 1. In multiple-family dwelling structures,
tures, the same as for the R-1 and R-3 each dwelling unit having one (1) bed-
districts, respectively. room shall have a minimum floor area of
2. Churches, the same as for the R-2 multiple- seven hundred fifty (750) square feet. An
family dwelling district. additional one hundred fifty (150) square
feet of floor area shall be required for each
3. For hotels, one (1) space for each three (3) additional bedroom provided.
bedrooms, plus one (1) additional space 2. In time-share structures, each dwelling
for each five (5) employees. unit having one (1) bedroom shall have a
4. Hotel apartments, one (1) space for each minimum floor area of seven hundred
dwelling unit. fifty (750) square feet; an additional one
hundred fifty (150) square feet of floor
4.1. Time-sharing units, the same as for C-A area shall be required for each additional
commercial district. bedroom provided.
Supp. No. 21 2499
§ 45-32 NORTH PALM BEACH CODE j
G. Conditions for permitted uses: B. Uses permitted. The following uses are per- t
muted in the CC transitional commercial district:
1. All activities, sales and storage of goods
must be conducted entirely within tom- 1. Financial institutions
pletely enclosed buildings with perma- 2. Professional offices.
nent nonmoving outside walls. The follow- 3. Florists
ing exceptions apply:
4. Clothing stores
(a) Restaurants that qualify under out-
s. Stationary [stationery] stores
door seating provisions of Appendix
C-Zoning.. 6. Photo studios/camera shops
(b) Marinas with enclosed new boat re- 7. Sporting goods stores
tail display area may utilize outdoor 8. Gift shops
rear and side yard site area for ground g, Candy shops
level new boat storage, rigging, mi-
nor repair and display subject to the 10. Seamstress/tailor shop
following conditions: 11. Barber shops
(i) Outdoor storage, rigging, mi- 12. Hair salons
nor repair and display areas 13. Nail salons
shall be completely screened
from the view of the streetright- 14. Instructional dance/music studios
of-way and adjacent properties C. Conditions for permitted uses:
with an opaque wall or fence to
a height of six (6) feet. 1. All activities, sales and storage of
goods must be conducted entirely
(ii) The area of outdoor storage, within completely enclosed build-
rigging and display area shall ings with permanent nonmoving out-
not exceed the enclosed retail side walls.
display floor area, including re- 2. No outside sidewalk of parking lot
tail display area office space, or storage (or) display of merchandise
fifteen (15) percent of the total will be permitted.
site area, whichever is less.
(Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. 3. No manufacturing or production of
10-73, § 7, 9-13-73; Ord. No. 14-74; Ord. No. products for retail or wholesale will
14-76, § 1, 7-8-76; Ord. No. 22-82, 6, 7, 9, be permitted.
12-9-82; Ord. No. 9-87, § 1, 5-28-87; Ord. No. D. Building height regulations. No building or
~ 17-90, § 4, 6-28-90; Ord. No. 23-90, § 3, 6-28-90; structure shall exceed two (2) stories or twenty
Ord. No. 27-99, § 5, 8-12-99; Ord. No. 03-2001, five (25) feet.
1, 2, 2-8-01)
E. Building site area regulations:
Sec. 45-32.1. CC Transitional commercial dis- 1. Maximum lot coverage. Main and acces-
trict. sory buildings shall cover no more than
thirty-five (35) percent of the total lot
A. General description. This residentiaUcom- area.
mercial transitional district is to provide for the 2. Reserved.
development of low-intensity business offices and
other complementary uses. The CC district shall F. Yards.
serve as a transition between residential areas 1. Front yards. All buildings shall be con-
and intense commercial development. strutted from the Alternate A-I-A or Pros-
Supp. No. 21 2500
APPENDIX C-ZONING § 45-32.1
perity Farms Road right-of--way to pro-
vide afront yard of not less than thirty
(30) feet. All buildings shall be set back
from the right-of--way of streets which
intersect with Alternate A-I-A or Prosper-
ity Farms Road providing a yard of not
less than twenty-five (25) feet.
2. Side yards. All buildings shall be set back
from side lot lines so as to provide side
yards of not less than fifteen (15) feet.
3. Rear yards. All buildings shall be set back
from rear lot lines so as to provide a rear
yard of not less than fifteen (15) feet.
G. Off-street pa~•king regulations. Off-street
parking shall be provided the same as for the CA
commercial district.
H. Off-street parking layout, construction and
maintenance shall be the same as for the CA
commercial district.
(Ord. No. 31-97, § 1(Exhibit A), 7-10-97; Ord. No.
23-99, § 1, 6-10-99; Ord. No. 15-2000, § 1, 5-25-00)
Supp. No. 21 2500.1
t
APPENDIX D
FRANCHISES
Included herein is a listing of franchises of the village:
Ord. Adoption 2 i?rm
No. Date Subject Franchise (years) Expiration Date
2 7-22-57 Electricity Florida Power & Light Co. 30 1987
5 10-22-56 Water and sew- North Palm Beach, Utilities, Inc. 30 1986
age
36 10-14-58 Telephone and Southern Bell Telephone and 30 1988
telegraph Telegraph (Replaced by South-
ern Bell Telephone and Tele-
graph Co.-Res. No. 5-90)
37 10-28-58 Gas Green's Fuel of Florida Corp. (Re- 30 1988
placed by Florida Public Utili-
ties Co.-Ord. No. 11-80)
116-1965 3-23-65 CATV Burnup & Sims, Inc. (Replaced 30 1995
by Southeast Florida Cable, Inc.
DB/A Aldelphia Cable Commu-
nications-Ord. No. 10-97)
156-67 9-19-67 Amends Ord. Burnup, & Sims, Inc. (Replaced - -
No. 116-1965 by Southeast Florida Cable, Inc.
DB/A Aldelphia Cable Commu-
nications-Ord. No. 10-97)
168-67 12-19-67 Amends Ord. Green's Fuel of Florida Corp. (Re- - -
No. 37 placed by Florida Public Utili-
ties Co.-Ord. No. 11-80)
.216-70 9-10-70 Amends Ord. Burnup & Sims, Inc. (Replaced
No. 116-1965 by Southeast Florida Cable, Inc.
DB/A Aldelphia Cable Commu-
nications-Ord. No. 10-97)
11-80 5-22-80 Gas Florida Public Utilities Co. 30 2010
14-80 7-10-80 Electric Florida Power & Light Co. 30 2010
10-97 2-27-97 CATV Southeast Florida Cable, Inc. - -
DB/AAdelphia Cable Communi-
cations
5-90 (Res.) 3- 8-90 Telephone and Southern Bell Telephone and 30 2020
telegraph Telegraph Co.
30-2000 10-12-00 Telecommunica- FPL Fibernet, LLC - -
tions
TCross reference-Ch. 28, use of rights-of--way for utilities.
[The next page is 2819]
Supp. No. 21 2619
1
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text of references to the state law or related matters.
Section Section
Section this Code Section this Code
1.01 27-31 App. B, Art. II,
1.01 et seq. 1-2 § 36-8
ch. 22F App. B, Art. II, App. B, Art. II,
§ 36-10 § 36-15
ch. 39 App. C, § 45-2 App. B, Art. IV,
Ch. 50 2-181 § 36-27
50.041 2-181 ch. 185 2-167
50.051 2-181 185.08 26-16
55.03 29-5(a) 202.195 29-8(m)
ch. 98 Ch. 10 203.012 26-51, 29-3
ch. 101 10-7 29-5(b)
112.181 2-161(e)(8) 203.012(5)(b) 26-51
161.55(1)(d) 6-156 ch. 205 Ch. 17, Art. II
161.041 6-153 205.043(2),
161.053 6-154 205.043(3) 17-24, 17-25
162.12(2) 2-180 205.053 17-20
ch. 163 12.5-1 205.192 17-22
21-1 210.03 17-33
21-11 ch. 212 26-53
21-43, 21-44 ch. 252 Ch. 8
App. B, Art. I, 253.125 7-19
§ 36-2, App. B, Art. 280.02 2-4
I, § 36-4 316.008 Ch. 18
App. B, Art. II, 316.272 19-117
§ 36-16 316.293 19-117
App. B, Art. VI 316.1955, 316.1956 18-37
163.01 2-4 320.01(1) 14-37
163.161 et seq. 21-O1 ch. 327 Ch. 5
ch. 163.170, App. B, Art. II, 335.065 App. B, Art. 1V,
§163.3164(17) § 36-10 § 36-29.1
163.225(3)(a)--(c) 5-86 337.29 29-2
163.295 6-150 337.401 29 2, 29-3
163.3161 et seq. Ch. 21, Art. II 29-5(a), (e)
163.3177 21-44 29-6(a)
163.3178 6-155 337.401(3) 28-3
21-44 337.403, 337.404 29-7
ch. 166 6-16 342.03 Ch.5
Ch. 24 362.01 29-2
Ord. No. 2478 § 3 364.02 29-3
166.021 Ch. 17, Art. II ch. 373 19-200
166.221. 17-34 ch. 380 21-44
166.231 Ch. 26, Art. III App. B, Art. II,
ch. 170 21-2 § 36-10
170.01 Ch. 24 380.04 21-103
ch. 175 2-167 393 App. C, § 45-2
175.101 26-17 ch. 394 App. C, § 45-2
ch. 177 App. B, Art. I, ch. 400 App. C, § 45-2
§ 36-2 ch. 401 11.5-21
Supp. No. 21 2819
i
NORTH PALM BEACH CODE
II
Section
Section this Code
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
ch. 760 App. C, § 45-2
768.28 29-12(d)
775.082, 775.083 2-169(f)
ch. 847 App. C, § 45-20
870.041-870.048 8-16
872.05 2-104
943.14 2-159
943.25(13) 1-9
i
i
[The next page is 2869]
Supp. No. 21 2820
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 2-1690
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- 8-01 1 45-32A.7.a.
2 45-32G.
04-2001 2- 8-Ol 1 5-81
05-2001 3- 8-Ol 1 45-2
[The next page is 2933]
Supp. No. 21 28$7
l
CODE INDEX
Section Section
BUSINESS REGULATIONS (Cont'dJ CIVIL DISORDERS AND DISTURBANCES
Fee exemptions 17-34.10 Mayor designated local authority for pres-
Fee schedule 17-34.12 ervation of public peace 8-16
Half-year certificate 17-34.3 CLERK
Issuance of certificate 17-34.3 Department of records, provisions re vil-
Noncompliance of principal............ 17-34.8
Nonprofit enterpilse, special permit for 17-34.5 loge clerk and deputy village clerk 2-67 et seq.
See: DOCUMENTS AND PUBLIC
Refund of fee 17-34.9 RECORDS
Registration required 17-34.1
Renewal 17-34.4 CLUBS
Suspension or revocation of certificate . 17-34.9 County club 9-1 et seq.
When due and payable 17-34.3 See: COUNTRY CLUB
Garage and other sales 17-61 et seq.
See: GARAGE AND OTHER SALES COASTAL CONSTRUCTION CODE
Home occupations 17-2(a) et seq. Coastal construction requirements
See: HOME OCCUPATIONS Location of construction 6-155(4)
Occupational licenses q Major structures, structural require-
17-16 et se
See: LICENSES AND PERMIT ments for 6-155(1)
Wellfield protection Minor structures, structural require-
Regulation of business activities with ments for 6-155(3)
potential to contaminate land and Nonhabitable major structures, struc-
tural requirements for 6-155(2)
water resources 19-221 public access......................... 6-155(5)
Zoning Definitions 6-154
Location of business for retail sales of Flood damage prevention q.
12.5-1 et se
alcoholic beverages 45-20(2), 45- See: FLOOD DAMAGE PREVENTION
36.N Purpose 6-152
C-3 Regional Business District...... 45-34.1(9) References 6-156
Scope
C Applicability 6-153(a)
Exceptions 6-153(b)
CABLE TELEVISION. See: TELEVISION Permits, application for 6-153(c)
Title 6-151
CAMPING
Recreational, boating and camping equip- CODE ENFORCEMENT BOARD
ment; parking on residential property Alarm regulations, enforcement re 19-217
restricted 18-35 Applicability............................ 2-173
Declaration of legislative intent.......... 2-171
CANALS Definitions 2-172
Construction requirements 5-56 et seq. Enforcement procedure 2-175
See: BOATS, DOCKS AND WATER- Fines; liens
WAYS Appeals 2-180
Copies of orders imposing fines........ 2-178(d)
CATS Determination of amount of fine....... 2-178(b)
Regulations enumerated 4-24 et seq. Duration of lien 2-179
See: ANIMALS AND FOWL Generally 2-178(a)
CERTIFICATES Notices 2-181
Appearance code; certificate of appropriate- Reduction of fine 2-178(c)
6-56 et seq. Hearing, conduct of 2-176
ness
See: BUILDINGS Organization
Boats, docks and waterways; unlawfully Attorney 2-174(c)
anchored or moored vessels Officers; quorum; compensation 2-174(b)
Unclaimed vessel to be sold; certifica- Qualifications and term 2-174(a)
Powers 2-177
tion of sale 5-21
Businesses located outside village limits, CODE OF ORDINANCES*
certificate of business regulations re. 17-34 et seq.
See: BUSINESS REGULATIONS *Note-The adoption, amendment, repeal, omissions, effec-
Emergency medical services 11.5-21 tive date, explanation of numbering system and other matters
Historic site overlay district; certificate of pertaining to the use, construction and interpretation of this
appropriateness 45-37(H) Code are contained in the adopting ordinance and preface
Supp. No. 21 2939
NORTH PALM BEACH CODE j
Section Section t(
CODE OF ORDINANCES (Cont'dJ COUNTRY CLUB (Cont'dJ
Altering Code 1-7 Finances
Amendments 1-6 Delinquent accounts; penalties 9-32
Catchlines 1-3 Premises
Court cost Disfiguration and/or removal of building
Assessment of additional court costs for or other property 9-1(1)
criminal justice education expendi- Enforcement 9-2
tares 1-9 Hours 9-1(2)
Definitions and rules of construction 1-2 Signs . . . . . . 9-2
Designated and cited 1-1 Violations and penalties 9-2
References to chapters or sections 1-3
Repeal of ordinances, effect of............ 1-4 COUNTY
Severability of parts 1-5 Definitions and rules of construction 1-2
Village clerk, duties re recording ordi- COURTS
nances 2-67(3)
Violations and enalt 1-8 Court cost
P Y
Assessment of additional court costs for
COIN-OPERATED AMUSEMENTS criminal justice education expendi-
Proximity to schools restricted........... 19-4 tares 1-9
COMBAT AUTO THEFT (CAT)
Establishment, regulations 18-19 D
COMMITTEES, COMMISSIONS. See: DE- DECALS
PARTMENTS AND OTHERAGENCIES Combat Auto Theft (CAT) 18-19
OF VILLAGE
DEPARTMENTS AND OTHER AGENCIES
COMMUNICATIONS OF VILLAGE
Telecommunications Administrative code 2-39 et seq.
Generally 29-1 et seq. See: ADMINISTRATIVE CODE
See: TELECOMMUNICATIONS Appearance board. See: APPEARANCE
Service tax 26-51 et seq. PLAN (Appendix A)
See: TAXATION Code enforcement board 2-171 et seq.
COMPUTATION OF TIME Committees and boards generally; resi-
Definitions and rules of construction 1-2 dency requirements 2-1
Country club advisory board 9-16 et seq.
CONCURRENCY MANAGEMENT See: COUNTRY CLUB
Provisions enumerated 21-41 et seq. Finance, department of.................. 2-59
See: PLANNINGAND DEVELOPMENT See: FINANCES
Fire and police retirement board of tivst-
CONTRACTS AND AGREEMENTS ees 2-164 et seq.
Finance director, duties re contracts...... 2-59(3), (7) See: PENSIONS AND RETIREMENT
COUNCIL. See: VILLAGE COUNCIL Fire division 12-29 et seq.
~ See: FIRE PREVENTION AND PRO-
; COUNTRY CLUB TECTION
Advisory board General employees retirement board 2-151 et seq.
Compensation 9-19 See: PENSIONS AND RETIREMENT
Composition 9-17(a) Library board 16-16 et seq.
Created 9-16 Libra~•y, department of 2-93
Duties Meetings of boards and commissions; ad-
Administrator 9-21(b) journment of 2-3
Budget 9-21(d) Meetings of specific boards, etc. See spe-
Management and administration.... 9-21(a) cific subjects
Village employees 9-21(c) Planning and development board of adjust-
Meetings 9-20 went.............................. 21-21
Officers' quorum 9-19 Planning commission.................... 21-11, 21-12
Removal 9-18 Public safety, department of 2-75, 2-76
Terms 9-17(b) See: PUBLIC SAFETY DEPARTMENT
Vacancies 9-17(c) Public services, department of 2-84, 2-85
See: PUBLIC SERVICES DEPART-
which are to be found in the preliminary pages of this volume. MENT
Sapp. No. 21 2940
CODE INDEX
Section Section
DEPARTMENTS AND OTHER AGENCIES
OF VILLAGE (Cont'd.)
Records, department of 2-67 et seq.
See: DOCUMENT AND PUBLIC
RECORDS
Supp. No. 21 2940.1
c
CODE INDEX
Section Section
STREETS, SIDEWALKS AND PUBLIC SUBDIVISIONS (Appendix B) (ConfdJ
PLACES (Confd.) Railroads or limited access highway,
Stormwater management, applicable pro- subdivisions on 36-19(3)
visions re 21-62,21-65 Street names...................... 36-19(9)
Subdivision regulations 36-1 et seq. Subdivision entrances 36-25
See: SUBDIVISIONS (Appendix B) Water bodies, access to 36-24
Swale areas, sodding required in certain Enactment and authoi~t
instances 24-3 y..........,..... 36-2
T1 ees in swale areas Enforcement provisions
27-16 et seq.
See: TREES AND SHRUBBERY Appeals 36-35
Utilities Erection of buildings and issuance of
Public utilities, cost of changing or re- permits 36-38
moval of 24-4 General enforcement regulations 36-36
Use of rights-of--way for utilities 28-1 et seq. Land clearing, vegetation and wildlife
See: UTILITIES protection and preservation
Application procedure for vegetation
SUBDIVISIONS (Generally) removal unrelated to building
Appearance plan (Appendix A). See that permit applications 36-38.1(3)
subject Exceptions 36-38.1(5)
Code enforcement board, applicability re.. 2-173 Fees 36-38.1(6)
Flood damage prevention provisions...... 12.5-41(4) Generall 36-38.1(1)
Zoning regulations q Y
45-1 et se Vegetation protection during construc-
See: ZONING (Appendix C) tion 36-38.1(4)
SUBDIVISIONS (Appendix B) Vegetation removal permit, applica-
(Note~ection contained herein refer to tion procedure 36-38.1(2)
sections found within Appendix B) Required improvements 36-37
Amendments Vegetation. See within this subheading:
Public hearing required 36-39.1 Land Clearing, Vegetation and
Defmitions Wildlife Protection and Preserva-
Generalterms 36-5 tion
.Specific terms 36-6 Wildlife protection and preservation. See
Design standards within this subheading: Land Clear-
Alleys 36-20 ing, Vegetation and Wildlife Protec-
Blocks. See within this subheading: Lots tion and Preservation
and Blocks Jurisdiction 26-3
Comprehensive plan, conformity with.. 36-17(1) Legal status
Easements and rights-of--way Conflicting regulations 36-41
Access wateitivays 36-22(c) Effective date......................... 36-42
Drainage 36-22(b) Saving clause........................ 36-40
Utilities . 36-22(a) Plats, platting
Lots and blocks Procedures for subdivision plat approval.
Access 36-18(3) See herein that subject
Block lengths 36-18(6) procedures for subdivision plat approval
Double frontage lots 36-18(5) Construction plan specifications 36-13
Lot lines 36-18(4) Construction plans procedure
Lot size 36-18(1) preparation of construction plans 36-12(1)
Residence lots, minimum 36-18(2)
Public sites and open spaces 36-23 Submission and review of construc-
Rights-of--way. See within this subhead- tion plans 36-12(2)
ing: Easements and Rights-Of--Way Surety device, posting of 36-12(3)
Sidewalks 36-21 Final plat procedure
Soil and flood hazards, consideration of 36-17(2) Application for final plat approval... 36-14(2)
Streets Generally 36-14(1)
Adjoining property, street access to.. 36-19(7) Planning commission action 36-14(4)
Arterial streets, subdivisions on..... 36-19(2) Planning commission review........ 36-14(3)
Culs-de-sac 36-19(6) Recording of final plat.............. 36-14(6)
Half streets 36-19(8) Village council action............... 36-14(5)
Intersection design 36-19(4) Final plat specifications............... 36-15
Minimum street design specifications 36-19(5) General prerequisites to 36-7
Minor streets 36-19(1) Pre-application conference 36-9
Supp. No. 21 2953
i
~I
NORTH PALM BEACH CODE
Section Section `
j SUBDIVISIONS (Appendix B) (Cont'd.) SWIMMING
Preliminary plat procedure Bathing regulations; diseased persons pro-
Application for preliminary plat ap- hibited from bathing in public pool,
proval 36-10(1) etc. 19-3
Developments of regional impact.... 36-10(2) Restricted waters, swimming in.......... 5-3
Effect of approval 36-10(9) SWIMMING POOLS
Failure of planning commission to Code enforcement board, applicability re.. 2-173
take action 36-10(8) Construction permits
Fees 36-10(3) Plans................................ 25-24
Notification of action 36-10(7) Required; application; fees 25-23
Planning commission action 36-10(6) Country club premises regulations 9-1
Planning commission review........ 36-10(5) Cross-connection of filtration equipment
Review comments 36-10(4) and water su 1 25-7
Preliminary plat specifications 36-11 pp y ~ ~ • ~ ~ ~ ~ ~
Definitions 25-1
Qualification of person making survey . 36-8 Electrical equipment 25-8
Reversion of subdivided land to acreage 36-16 Final approval before use 25-2
Purpose and intent 36-4 Grade.................................. 15-11
Required improvements Hair and lent strainers 25-5
Bikeways 36-29.1 Public and private pools
Bridges 36-30 Construction......................... 25-36
General requirements 36-26 Fencing
Monuments Modifications and exceptions 25-38
Permanent control points........... 36-27(b) Requirements 25-37
Permanent reference monuments 36-27(a) Recirculating piping and fittings, require-
Planned unit development alternatives. 36-34 ments for 25-9
Screening walls and landscaping 36-33 Scum-gutters 25-6
Sidewalks 36-29 Setback................................ 25-3
Storm water management 36-31 Tamping back-fill 25-10
Streets Vacuum cleaner 25-4
Arterial and collector streets........ 36-28(a) Water circulations 25-4
Curb and gutter 36-28(c) SWITCHBLADE KNIVES
Marginal access streets 36-28(b) Sale prohibited 19-185(a)
Pavement base 36-28(f)
Subgrade 36-28(e)
Swales 36-28(d) T
Wearing surface 36-28(g) TAXATION
Utilities Insurance excise taxes 26-16, 26-17
Sanitary sewer 36-32(a) Occupational licenses 17-16 et seq.
Septic tanks 36-32(e) See: LICENSES AND PERMITS
Underground utilities 36-32(d) pension and certain other benefits for fire
Water and sewer systems........... 36-32(c) and police employees
Water supply 36-32(b) Tax on insurers 2-167
Wells Telecommunications service tax
Individual wells prohibited in cer- Collection 26-52
taro areas of village 36-32(f) Compensation 26-54
~ Short title 36-1 Exemptions.......................... 26-53
Levy 26-51
SURVEYS, MAPS AND PLATS Rate 26-51
Official zoning map 45-17 Utility tax.............................. 26-29 et seq.
Subdivision regulations 36-7 et seq. See: UTILITY TAX
See: SUBDIVISIONS (Appendix B)
TELECOMMUNICATIONS
SWALE AREAS Compliance with other laws; police power. 29-10
Sodding. required in certain instances 24-3 Construction bond 29-13
Trees in swale areas 27-16 et seq. Definitions 29-3
See: TREES AND SHRUBBERY Enforcement remedies 29-15
Fees and payments 29-5
SWEAR OR SWORN. See: OATH, AFFIR,MA- Force majeure 29-16
TION, SWEAR OR SWORN Insm•ance; surety; indemnification 29-12
Supp. No. 21 2954
CODE INDEX
Section Section
TELECOMMUNICATIONS (ConfdJ TREES AND SHRUBBERY (Confd.)
Intent and purpose 29-2 Planting and removal; written approval
Registration 29-4 required........................ 27-17
Involuntary termination 29-9 Scope.,.............................. 27-19
Reports and records 29-6 Variety and location 27-18
Rights-of--way, use 29-8
Security fund 29-14 I7
Service tax, generally 26-51 et seq.
See: TAXATION UTILITIES
Title 29-1 Flood damage prevention provisions...... 12.5-41(3),(5)
Transfer of control; sale or assignment 29-11 Franchises enumerated. See Appendix D
Underground installation; relocation 29-7 Street construction work; cost of changing
TELEPHONES or removal of public utilities 24-4
Subdivision design standards re easements
Alarms; interference with public safety de- and ri hts-of-wa 36-22(a)
partment trunk line prohibited 19-215 g y
Subdivisions, required improvements re 36-32
TELEVISION Telecommunications service tax _ 26-51 et seq.
Cable television rate regulation 17-1 See: TAXATION
Use of rights-of--way for utilities
TENSE Code enforcement board, applicability
Definitions and rules of construction 1-2 re 2-173
Rules and regulations adopted 28-1
THEFT Written permit (franchise)
Combat Auto Theft (CAT) 18-19 Contents 28-3
TIME Required;term 28-2
Definitions and rules of construction 1-2 UTILITY TAX
TRAFFIC. See: MOTOR VEHICLES AND Collection 26-30
TRAFFIC Exemption 26-31
Levied; rate 26-29
TRAILERS
Personal recreational use trailers; parking p
on residential property restricted 18-35
VILLAGE
TRASH. See: GARBAGE AND TRASH Definitions and rules of construction 1-2
TREASURY DEPARTMENT VILLAGE COUNCIL
Treasurer's duties Compensation 2-16
Accounts of receipts and expenditures . 2-51(6) Definitions and rules of construction 1-2
Bonds, responsibility for proceeds of 2-51(5) Elections; village council to constitute can-
Books, examination of 2-51(2) vassing board....... _ 10-11
Collect moneys and fees due village.... 2-51(10) Meetings
Debt, cancellation of evidences of...... 2-51(7) Adjournment of all meetings 2-19
Default of officer, duty upon........... 2-51(4) Regular meetings
Delinquent payments and financial re- Presiding officer 2-18
ports 2-51(3) When held 2-17
Fiscal supervision over officers 2-51(1) Rules of procedure. See herein that sub-
Monthly repm-t to finance director 2-51(12) ject
Pay village employees 2-51(9) Rules of procedure
Permits and licenses 2-51(11) Order of business..................... 2-26
Receive and disburse moneys.......... 2-51(8) Parliamentary rules 2-27
Village clerk, duties re 2-67
TREES AND SHRUBBERY
Code enforcement board, applicability re.. 2-173 VILLAGE MANAGER
Landscaping 27-31 et seq. Administrative code, provisions re 2-39 et seq.
See: LANDSCAPING See: ADMINISTRATIVE CODE
Missiles, throwing 19-83 Bond................................... 2-117
Parks and recreation facilities; climbing Budget 2-118
trees, etc 20-4 Budget procedures, duties re............. 2-2
Swale areas, trees in Removal 2-116
Definitions 27-16 Residency 2-115
Supp. No. 21 2955
NORTH PALM BEACH CODE
Section Section
VOYEURISM Y
Window peeping prohibited 19-66 y~,DS AND OPEN SPACES
Landscaping 27-31 et seq.
W See: LANDSCAPING
Zoning regulations 45-27 et seq.
WALLS. See: FENCES, WALLS, HEDGES See: ZONING (Appendix C)
AND ENCLOSURES yE~
WATER SHORTAGE EMERGENCIES Definitions and rules of construction 1-2
t Application 19-201 Z
Definitions 19-200
Enforcement ZONING (Generally)
Emergency power 19-204 Appearance plan (Appendix A). See that
Generally 19-203 subject
Implementation Code enforcement board, applicability re.. 2-173
Exemptions 19-202(b) Home occupations....................... 17-2(a) et seq.
Permanent restrictions 19-202(a) See: HOME OCCUPATIONS
Sanitation, exception to maintain 19-205 Landscaping; conflict with zoning ordi-
Violations and penalties 19-206 nance............................. 27-39
Planning commission; changes to zoning
WATER SUPPLY AND DISTRIBUTION ordinances 21-12
Stormwater management 21-61 et seq. Subdivision regulations 36-1 et seq.
See: STORMWATER MANAGEMENT See: SUBDIVISIONS (Appendix B)
Wellfield protection 19-220, 19-221
Zoning; C-3 Regional Business District
Surface water management........... 45-34.1(8)
WATERWAYS. See: BOATS, DOCKS AND
WATERWAYS
WEAPONS. See: FIREARMS AND WEAP-
ONS
WEEDS AND BRUSH
Lien
Recorded statement of removal costs con-
stitutes lien; collection 14-83
Notice to destroy 14-80
Owner to bear costs of removal 14-82
Prohibited over certain height 14-79
Removal by village 14-81
WEEK
Definitions and rules of construction 1-2
WEIGHTS AND MEASURES
Motor vehicle operation; weight limitations
on certain roads 18-18
Noise measurement procedure 19-113
WELLFIELD PROTECTION
Business activities with potential to con-
taminate land and water resources,
i
regulation of 19-221
County wellfield protection ordinance
adopted by reference 19-220
WRITTEN, IN WRITING
Definitions and rules of construction 1-2
Supp. No. 21 2956 LThe next page is 2965]