Pages Replaced by Supplement #21 TABLE OF CONTENTS-Contd.
Chapter
Art. II. Construction Permits r~~
Art. III. Public and Private Pools / ice"
26. Taxation
Art. I. In General f~~
Art. II. Insurance Excise Taxes ~
Art. III. Utility Tax
Art. IV. Utility Tax tti~u
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
Appendices
A. Appearance Plan 2043
B. Subdivisions 2353
Art. I. In General 2355
Art. II. Procedures for Subdivision Plat Approval 2358
Art. III. Design Standards 2365
Art. N Required Improvements 2368.1
Art. V. Enforcement Provisions 2372
Art. VI. Amendments 2378
Art. VII. Legal Status 2379
C. Zoning 2479
Art. I. In General 2481
Art. II. Generally 2482.3
Art. III. District Regulations 2486.4
Arts. 1V, 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
Code Comparative Table-Ordinances 2875
Charter Index 2933
Code Index 2935
Supp. No. 16 xv
r
~1
Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on apage-for-page
substitution basis, it has become evident that through usage and
supplementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC" indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used
in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page 1 136.1 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, 142.2 16
x.iii 1 143 16
xi, xii 20 144.1, 144.2 12
xiii, xiv 16 144.3 12
xv 16 145; 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 9 163, 164 19
133 10 165 19
135, 136 19 211 OC
Supp. No. 20 [1]
NORTH PALM 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 16 839 OC
329, 330 20 889 OC
331, 332 20 891, 892 15
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 20 1053, 1054 9
398.13, 398.14 20 1054.1, 1054.2 9
398.14.1 20 1055, 1056 14
398.15, 398.16 8 1057, 1058 14
399, 400 OC 1059, 1060 14
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 OC
617, 618 OC 1231, 1232 OC
619, 620 6 1233, 1234 OC
671 2 1235, 1236 OC
673 19 1237,1238 16
695 13 1238.1 16
697 13 1239, 1240 6
723 2 1241 6
725, 726 13 1289 3
726.1 13 1291, 1292 OC
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CHECKLIST OF UP-TO-DATE PAGES
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1293, 1294 17 2359, 2360 OC
1343 4 2361, 2362 OC
1345, 1346 OC 2363, 2364 OC
1347, 1348 OC 2365, 2366 OC
1349, 1350 OC 2367, 2368 1
1351, 1352 14 2368.1 1
1352.1 14 2369, 2370 OC
1353, 1354. OC 2371, 2372 OC
1355, 1356 OC 2373, 2374 OC
1357, 1358 OC 2375, 2376 OC
1359, 1360 OC 2377, 2378 OC
1361, 1362 5 2379 OC
1363, 1364 5 2479 9
1365, 1366 5 2481, 2482 13
1367 5 2482.1, 2482.2 15
1411 OC 2482.3 15
1463 OC 2483, 2484 14
1465, 1466 OC 2485, 2486 16
1517 OC 2486.1, 2486.2 16
1519, 1520 OC 2486.3, 2486.4 16
1521, 1522 OC 2487, 2488 OC
1523 OC 2488.1, 2488.2 18
1573 OC 2489, 2490 18
1575, 1576 OC 2491, 2492 18
1577 OC 2493, 2494 18
1627 9 2495,2496 18
1629, 1630 17 2497, 2498 18
1631 17 2499,2500 20
1681 OC 2501, 2502 18
1683, 1684 OC 2503, 2504 18
1685, 1686 OC 2504.1, 2504.2 16
1687, 1688 17 2505, 2506 10
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1739 14 2509,2510 13
1741, 1742 13 2510.1, 2510.2 13
2043 OC 2510.3, 2510.4 13
2045, 2046 10 2510.5, 2510.6 17
2047, 2048 OC 2510.7, 2510.8 17
2049, 2050 OC 2510.9 17
2051, 2052 OC 2511, 2512 OC
2053 OC 2513, 2514 OC
2353 OC 2515, 2516 OC
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NORTH PALM BEACH CODE
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2871 OC
2873 OC
2875, 2876 OC
2877, 2878 OC
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2887 20
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2967 15
Supp. No. 20 [4]
GENERAL PROVISIONS § 1_g
to revive such former ordinance, clause or provi- Palm Beach Code is hereby amended by adding a
sion of this Code, unless it shall be expressly so new section to be numbered Section ,
provided. which said Section shall read as follows:
The new section shall then be set out in full.
The repeal of an ordinance, clause or section of
this Code shall not affect any punishment or pen- (d) All sections, articles, chapters or provisions
alty incurred before the repeal took effect, nor any desired to be repealed shall be specifically re-
suit, prosecution or proceeding pending at the time pealed by section, article or chapter number in
of the repeal, for an offense committed under the the following language: "That Section (Chapter or
ordinance, clause or section of this Code repealed. Article) of the Village of
(Code 1970, § 1-5) North Palm Beach Code is hereby repealed."
(Code 1970, § 1-7)
Sec. 1-5. Severability of parts.
If any phrase, clause, sentence, paragraph, sec- Sec. 1-7. Altering Code.
tion or subsection of this Code shall be declared
unconstitutional or invalid by a court of compe- No person in the village shall change or amend,
tent jurisdiction, such unconstitutionality or in- by additions or deletions, any part or portion of
validityshall not affect any of the remaining phras- this Code, or insert or delete pages, or portions
ea, clauses, sentences, paragraphs, sections or thereof, or alter or tamper with such Code in any
subsections of this Code. manner whatsoever which will cause the law of
(Code 1970, § 1-6) the village to be misrepresented thereby.
(Code 1970, § 1-$)
Sec. 1-G. Amendments to Code.
Sec. 1-8. General penalty, continuing viola-
(a) All ordinances passed subsequent to this bons.
Code which amend, repeal or in any way affect
any section or subsection of this Code, shall be (a) Whenever in this Code any act is prohibited
numbered consecutively, but shall refer specifical- or is made or declared to be unlawful or an of-
ly to the section or subsection affected, and print- fense, or whenever the doing of any act is required
ed for inclusion therein. When subsequent ordi- or the failure to do any act is declared to be un-
nances repeal any chapter, section or subsection
lawful, where no specific penalty is provided there-
or any portion thereof, such repealed portions shall for, the violation of any such provision of this Code
be excluded from said Code by omission from re- shall be punished by a fine not exceeding five hun-
printedpages.The subsequent ordinances, as num- dred dollars ($500.00) or imprisonment for a term
tiered and printed, or omitted in the case of re- not exceeding six (6) months, or by both such fine
peal, shall be prima facie evidence of such and imprisonment.
subsequent ordinances until such time as this Code
.and subsequent ordinances numbered or omitted (b) Each day a violation of any provision of this
are readopted as a new code by the village council. Code shall continue shall constitute a separate
(b) Amendments to any of the provisions of this offense, and each act in violation of the provisions
Code shall be made by amending such provisions of this Code shall be considered a separate and
by specific reference to the section number of this distinct offense.
Code in the following language: "That Section
of the Village of North Palm Beach (c) In addition to the penalties herein provided,
Code is hereby amended to read as follows: any condition caused or permitted to exist in vio-
The new provisions shall then be set out in full. lation of any of the provisions of this Code shall be
deemed a public nuisance and may be abated by
(c) In the event a new section not heretofore the village, as provided bylaw, and each day that
existing in the Code is to be added, the following such condition continues shall be regarded as a
language shall be used: "That the Village of North new and separate offense.
Supp. No. 9 $j
§ hg NORTH PALM BEACH CODE
(d) Zoning, buildings, etc.: conferences, and conventions shall be individual-
- (1) The village council shall provide for the en- ly approved by the public safety director of the
forcement of a zoning ordinance enacted village prior to attendance.
pursuant to this part. Each day such of- (Ord. No. 8-81, § 1, 8-27-81; Ord. No. 21-94, § 1,
fense continues after written notice shall 10-27-94)
Cross references-Offenses, Ch. 19; police, Ch. 23.
be deemed a separate offense.
(2) In case any building or structure is erected,
constructed, reconstructed, altered, repaired
or maintained or any building, structure,
land or water is used in violation of this
Code or any ordinance or other regulation
made under authority conferred hereby, the
proper local authorities, in addition to oth-
er remedies, may institute any appropriate
action or proceedings in a civil action in the
circuit court to prevent such unlawful erec-
tion, construction, reconstruction, alter-
ation, repair, conversion, maintenance or
use, and to restrain, correct or abate such
violation, to prevent the occupancy of such
building, structure, land or water, and to
prevent any illegal act, conduct of business,
or use in or about such premises.
(Code 1970, § 1-9; Ord. No. 1-77, § 1, 1-13-77; Ord. ~
IVo. 4-86, § 5, 4-24-86)
$ec. 1-9. Assessment of additional court
costs for criminal justice education
expenditures.
(a) The county court shall assess the additional
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 ordi-
nance 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 es-
treature and forfeited bail bond related thereto.
There shall not be an assessment as to an ordi-
nance 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
enforcement officers and support personnel, pro-
vided such education degree programs and train-
. ing courses are approved by the public safety di-
rector of the village. Workshops, meetings,
[The next page is 133]
Supp. No. 9 82
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 within 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
within twelve (12) months from the date of the following minimum requirements:
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-
and-groove-concrete-sheet-pile type or of
(b) No permit shall be issued for the construe- any other type which contains compara-
tion or digging of any such canal without such
bond. ble or better qualities for the purposes of
bulkheads or seawalls, depending upon
(c) Extensions of the bond required herein or the recommendation of the designing en-
waiver of such bond may be made by the village gineer. All bulkheads and seawalls shall
council where it is determined by the council that be capped with a continuous reinforced
concrete cap a minimum often (10) inches
the financial resources and the integrity and
reliability of the applicant for a permit is SatisfaC- *Cross reference-Bulkhead lines generally, Ch. 7.
Supp. No. 16 327
§ 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 may be 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 (21/2)
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
type to prevent corrosion. Sec. 5-81. Definitions. ~
(4) All exposed concrete shall be troweled or As 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
(5) Plans submitted for the construction of installed on a slope other than vertical in order to
bulkheads and seawalls shall contain a resist horizontal as well as vertical forces.
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
Sec. 5-72. Permit fee. be constructed only in zoning districts other than
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
($1,000.00) of estimated construction cost, which Private dock, pier, mooring buoy and floating
sum shall be payable upon application for such a anchor mean those that shall only be used by the
permit. owner and his family and shall be constructed
(Code 1970, § 11-29) only in R-1 and R-2 Zoning Districts. A private
dock, pier, mooring buoy or floating anchor shall
Sec. 5-73. Inspection required. not be rented or leased.
After issuance of a construction permit and Wave break means a structure designed only to
commencement of construction on any seawall or break up waves or boat wakes, not to be used for
bulkhead, the work shall be subject to the follow- mooring or docking boats.
ing inspection requirements by the village build- (Code 1970, § 11-32; Ord. No. 3-71, § 2; Ord. No.
ing inspector: 1-73, § 1; Ord. No. 35-90, § 1, 9-27-90; Ord. No.
13-98, § 1, 5-14-98)
(1) The village building inspector Shall be Cross reference-Rules of construction and definitions
present during the first installation of generally, § 1-2.
Supp. No. 16 328
I
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
(27) Roof sign as defined by this code. be a pole, ground or building wall sign, but may
not be an electric sign.
(28) Changeable copy sign as defined by this (C) Remoaal 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
price 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 of change- 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. 20 398.11
§ 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-
Such sign shall be removed not more ness and that are a maximum of fifty (50)
than seven (7) calendar days follow- percent of the height of the letters in
ing the event advertised by the sign. paragraph (B)(1) of this section.
(E) Permissible size, height and number of (3) A logo symbol for the building or the
temporary signs. building occupant which does not exceed
fifty (50) percent of the allowable sign
(1) One-family and two-family residences. A area.
parcel on which is located a single one-
- family or two-family residence may dis- (4) Street `address number and/or name.
play not more than one temporary sign
with a sign area of not more than five (5) (C) Permissible number, area, spacing and height
square feet. No sign shall exceed five (5) of permanent accessory signs.
feet in height. Front setback shall be ten (1) Ground signs:
(10) feet and side setback shall be three
(3) feet. a. Multi-family buildings with more
than four (4) dwelling units.
(2) Multi-family residences. Aparcel on which 1
is located amulti-family residence may Number -One (1) maximum. )
display not more than one (1) temporary Sign Area -Maximum thirty-two
sign with a sign area of not more than (32) square feet.
thirty-two (32) square feet. No individual Height -Eight (8) feet maximum.
sign shall exceed eight (8) feet in height. Set back, Minimum -Ten (10) feet
Front setback shall be ten (10) feet and
side setback shall be three (3) feet. front -three (3) feet side.
(3) On all other parcels. All other parcels may b. Commercial occupancy:
display not more than one (1) temporary Number -One sign per parcel right-
sign with an aggregate sign area of not of-way frontage maximum.
more than thirty-two (32) square feet. No
sign shall exceed eight (8) feet in height. Sign Sign Sign F¢ce
Setback Height Area
(4) AZZ areas. Three (3) temporary political Minimum Maximum Maximum
signs, each not exceeding five (5) square 5 ft. 8 ft. 30 sq. ft.
feet in sign area and not more than five 10 ft. 8 ft. 36 sq. ft.
(5) feet in height, may be displayed on a 20 ft. 10 ft. 40 sq. ft.
parcel. 30 ft. 10 ft. 4b sq. ft.
(Ord. No. 24-93, § 2, 10-14-93)
(2) Building wall signs:
Sec. 6-115. Permitted permanent accessory a. Subject to the design criteria of this
signs. article, the maximum mounting
height of a building wall sign shall
(A) Sign types allowed. Apermanent accessory be eighteen (18) feet, except that on i
sign may be a ground or building wall sign. a building of more than two (2) sto- )
Supp. No. 20 398.12 j
i
i
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:
REFUSE* (Code 1970, § 18-41)
Sec. 14-27. Charges~enerally.
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 gazbage and
trash during the remainder of that calendar year
Sec. 14-23. I}efinition. in which the certificate of occupancy is issued:
As used in this division, "commercial garbage" (1) One- and two-family homes, four dollazs
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 (2) Dwellings of three (3) units or more, four
meats, fish, fowl, fruits or vegetables, and any dollars and twenty-three cents ($4.23) per
other matter of any nature whatsoever which is knit per month, or fraction thereof. Where
subject to decay and the generation of noxious or a dwelling of three (3) or more units is a
offensive gases or odors, or which, during or after condominium and the condominium asso-
decay, may serve as breeding or feeding material ciation or the developer of the condomin-
for flies or other germ-carrying insects. ium notifies the director of public- ser-
(Code 1970, § 18-1)
Cross reference-Rules of construction and definitions 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- lazs 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 yazds of gazbage at any
Sec. 14-25. Same-To be kept covered. one (1) pickup, the occupant thereof shall pay one
All commercial gazbage cans shall be kept dollaz ($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 gazbage can or for the purpose of (6) cubic yazds 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. 15 891
i
i
~i
I
i
§ 14-29 NORTH PALM BEACH CODE ~
Sec. 14-29. Same-When and where paid. property owner of record as shown on the county ~
All payments required by this division shall be tax _rolls. Failure to pay the fees when due may
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 (3U) days, the director of public services
shall cease all refuse collection for that account
unless otherwise directed by the village manager. (4) The collection of garbage and trash by a
Service shall. be resumed thereafter only upon pnvate person, firm, or corporation hired for such
payment of the accumulated fees for the period of purpose is prohibited except where dumpsters of ~
collection and the period of noncollection unless greater than two-cubic-yard capacity are used.
the village manager specifically directs otherwise. (Ord. No. 37-90, § 1, 10-25-90; Ord. No. 34-91, § 1,
Tlie stoppage of service herein authorized for 11-14-91; Ord. No. 1'8-92, § 1, 10-22-92; Ord. No.
nonpayment of collection charges shall be in ad- 19-94, § 1, 10-13-94; Ord. No. 8-96, § 1, 2-8-96; i
dtion to the right of the village to proceed for the Ord. No. 3-98, § 1, 1-8-98)
collection of such unpaid charges in a manner
provided by law.
(Code 1970, § 18-53; Ord. No. 2-74, § 2) Secs. 14-31-14-36. Reserved.
Sec. 14-30. Commercial use property waste
disposal fees and collection pro- DIVISION 3. ABANDONED, INOPERATIVE
cedures. AND JUNKED PROPERTY*
(1) For purposes of this .section, commercial r
use property shall include all property parcels in Sec. 14-37. Definitions.
the village upon which a building .exists with the
1 exception of residential use property, village-
owned property and other property used for- gov- ~ used in this division, the following terms
ernmental purposes. shall have the indicated meanings:
(2) Annual disposal fees for garbage and trash Motor aehicle includes all vehicles as defined in
and all other refuse: collected by the Village of F.S. section 320.01(1), or as elsewhere defined in
North Palm Beach shall be charged as herein the Florida Statutes, and shall include, in addi-
provided, except as otherwise stated. tion, any vehicle which is self-propelled and de-
signed to travel along the ground or water and
Occupancy Category Fee per .Square Foot shall include, but not be limited to, automobiles,
Low $ 0.017 buses, motor scooters,. motor bicycles, motorcy-
Medium 0.044 Iles, trucks, tractors, go-carts, golf carts, campers,
.High 0.239 trailers and motorboats.
Occupancy category is as determined by the .Palm private property means any real property within
Beach County Solid Waste Authority. the village which is privately owned and which is
Total square feet is as determined by the Palm not public property as defined in this section.
Beach County Tax Appraiser.
(3) Waste disposal fees shall be due and pay- public property means any street or highway
able to the village yearly in advance on October 1 which shall include the entire width between the
boundary lines of every way publicly maintained
of each year regardless of occupancy or use of the
property charged. The fees shall be billed to the *Cross reference-Motor vehicles and traffic, Qh. 18.
i
Supp. No. 15 892
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 hcens- 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-
a bona 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- Sec. 17-27. Duplicate licenses.
tense shall be surrendered and filed with the
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 oflcer 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. 14 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 bons 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®
ante of principal. tense 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. Any person engaged
that in the event such principal, master or em- ~ any such business, profession or occupation
ployer shall not have complied with this article, without first obtaining a license, if required herein, l
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
tense; 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. 1'7-33. 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
lit 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 $ 120.00
made where the license is temporarily suspended. Veterinary service to animal spe-
(Ord. No. 7-81, § 1, 7-23-81) cialities 120.00
Supp. No. 14 1056
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33
Animal specialty services, except Natural gas transmission (franchise) 525.00
veterinary 120.00 Natural gas distributors 525.00
Landscape and Horticulture Ser- Liquified petroleum distributors 525.00
vices:
Landscape counseling and plan- Water supply (franchise)............ 525.00
Wing 120.00 Sanitary sewer services (franchise) . 525.00
Lawn and garden service........ 100.00 WHOLESALE TRADE (See RETAIL)
Ornamental shrub and tree ser-
vice 100.00 Wholesale trade -durable goods:
Building construction-Contractors Inventory value cost -not exceed-
as defined by the Contractors Li- ~g $1,000.00 34.00
tensing Board of Palm Beach Each additional $1,000.00....... 9.00
County 120.00
RETAIL TRADE
TRANSPORTATION
Retail store:
Local trucking 60.00
Inventory value cost -not exceed-
Taxi cabs: ing $1,000.00 34.00
Each place or business 85.00 Each additional $1,000.00....... 9.00
Each vehicle 60.00 Filling station, marine/auto/other:
Water transportation of passengers. 60.00 1-4 pumps 85.00
Marinas (also see retail) each space. Each additional pump 25.00
(minimum $50.00); each......... 3.00
Water transportation services NEC. 60.00 Eating place ($50.00 minimum) each
seat 2.50
Arrangement of passenger transpor- Drinking place (alcoholic drinks)
tation 150.00
($50.00 minimum) each seat..... 2.50
Arrangement of freight/cargo trans- Food service - no seats 120.00
portation 150.00
COMMUNICATIONS Non-store retail:
Catalog and mail order 120.00
Radiotelephone communications 160.00
Telephone company (franchise) 60.00 Automatic merchandise machines
operator 255.00
Telephone communication except ra- Each machine 30.00
diotelephone 160.00
Fuel oil dealer 120.00
Telegraph 435.00
LP gas dealer (bottled gas) 120.00
Radio/television broadcasting 375.00
Direct selling -each person/
Cable and other pay television ser- vehicle 120.00
vices . 375.00
Solicitor/canvasser each:
ELECTRIC, GAS AND SANITARY SERVICES Per year 315.00
Electric services (franchise) 525.00 Each canvasser 105.00
Supp. No. 14 1057
§ 1?-33 NORTH PALM BEACH CODE
Retail store NEC: Personal Services:
Florist 120.00 .Laundry, cleaning, garment ser-
Tobacco store 120.00 vice....................... 120.00
News dealer/news stand 120.00 Coin operated laundry, dry clean-
. ing:
Optical goods store 120.00 Operator 1-20 machines... 120.00
Miscellaneous Retail Store NEC (Con- Each additional machine 6.00
signment, Pawn) 120.00 Photographic studio, portrait 120.00
FINANCE, INSURANCE, REAL ESTATE Beauty shop 120.00
Each state licensed operator 35.00
Depository institution 270.00
Barber shop 120.00
Non-depository institution 270.00
Each state licensed operator 35.00
Security and commodity brokers/ Shoe repair shop 120.00
dealers 650.00 Funeral service................. 270.00
Brokers sales agent 35.00 Additional for ambulance ser-
INSURANCE vice 170.00
Tax preparation service 120.00
Insurance carriers 120.00
Miscellaneous personal service
Insurance agents, broker service 120.00 NEC 120.00
Insurance sales agent 35.00 Business Service: J
REAL ESTATE Advertising agency 120.00
Real estate operator ($50.00 mini- Consumer credit reporting/collec-
tion 120.00
mum):
Base (1-5 sleeping rooms) 15.00 Mailing, reproduction, commer-
cial art and stenographic ser-
Each additional sleeping room 3.00 vice 120.00
Real estate agents and manager 120.00 Services to dwellings............ 120.00
Real estate sales agent 35.00 Miscellaneous equipment rentaU
Title abstract office 120.00 leasing.................... 120.00
Personnel supply services 120.00
Land subdividers and developers 170.00
Computer programming, data pro-
Holding and other investment of- cessing 120.00
fices 270.00 Miscellaneous business services . 120.00
SERVICES Business services NEC 120.00
Telemarketing 170.00
Hotels, rooming houses, etc. ($50.00 Plus each phone 35.00
minianum):
Base (1-5 sleeping rooms) 15.00 AUTO SERVICE/REPAIR
Each additional sleeping room 3.00 Auto rental 120.00
Supp. No. 24 1058
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 17-33
Auto repair shop: HEALTH SERVICES
2 persons 35.00 Licensed practitioner each 120.00
3-4 persons 55.00 Nursing and personal care facility.. 170.00
5-6 persons 100.00 Hospital.......................... 170.00
7-10 persons 160.00 Medical and dental laboratory 170.00
11-20 persons 200.00 Home health care 120.00
More than 21 persons 330.00 Miscellaneous health services NEC . 120.00
Car wash 120.00
LEGAL SERVICES
MISCELLANEOUS REPAIR SERVICES
Legal services 120.00
Misc. repair services store 120.00 Attorneys each 120.00
Misc. repair services from a truck 60.00
EDUCATION SERVICES
Misc. repair services with retail store 60.00 Elementary and secondary school 120.00
MOTION PICTURES Vocational school 120.00
Motion picture production/distribu- Schools and educational services NEC 120.00
for 120.00
Motion picture theatre/drive-in..... 250.00 SOCIAL SERVICES
Plus per seatlper space.......... 0.45 Individual and Family Services
AMUSEMENT AND RECREATION SERVICE Job training service 120.00
Dance studios 120.00 Child caze facility (Fla. Statute) . 140.00
Family day caze (Fla. Statute) 55.00
Theatrical produces 120.00
Bowling center (1-5 alleys) 120.00 Community residential home (Fla.
Statute) 140.00
Each additional alley 35.00
Social services NEC 120.00
Commercial sports 170.00
Membership organizations.......... 120.00
Physical fitness facilities 120.00
ENGINEERING, ACCOUNTING, RESEARCH,
Coin operated amusement device op- MANAGEMENT AND RELATED SERVICES
erator 255.00
Plus each machine 30.00 Engineering, architectural and sur-
veying services
Amusement and recreation services
NEC 120.00 Engineering, architectural and sur-
veying -each practitioner . 120.00
Fortune teller -fee charged 1,115.00
Residential designer 120.00
No fee chazged - contribu-
tion 2,000.00 ACCOUNTING, AUDITING AND BOOKKEEP-
Phrenologist -fee charged 1,350.00 ING SERVICES
No fee charged - contribu- Accounting/bookkeeping service 120.00
tion 2.000.00 Certified public accountant each 120.00
Supp. No. 14 1059
§ 17-33 NORTH PALM BEACH CODE
I
~ RESEARCH, DEVELOPMENT AND TESTING fated to consumer protection afforded the citizens
j SERVICES of the village and such classes of business, profes-
Research, development and testing Sion and occupation whose regulation has not
services 120.00 been preempted by the state or county .and to
protect. the general welfare, safety and public
MANAGEMENTAND PUBLIC RELATIONS SER- health and morals of the residents of the village.
VICES Unless otherwise stated, the amount of such
regulatory fee specified shall be on the basis of
Management service 120.00 one (1) year.
Management consulting services 120.00 (Ord. No. 7-81, § 1, 7-23-81)
Public relations services , 120.00
Facility support management ser- Sec. 17-34.1. Registration required.
vices . 120.00
Business consulting service NEC... 120.00
(Ord. No. 7-81, § 1, 7-23-81; Ord. No. 7-90, § 1, ~Y Person who engages in any business, occu-
4-12-90; Ord. No. 18-90, § 1, 6-28-90; Ord. No. pation or profession within the village not re-
15-94, § 3, 7-11-94; Ord. No. 37-96, § 1, 9-26-96) quired to obtain a certificate of regulation as
herein provided such as general contractors and
Sec. 17-33.1. Marking of commercial vehi- subcontractors, shall be certified with the licens-
eles. ing officer of the village by executing an informa-
tion form provided by the village. The purpose of
(a) It shall be the duty of every person doing such certification is to provide the village with
business within the village, to have each and information concerning those who are doing busi- 1
every truck or other vehicle used on a job within ness within the village and, where appropriate, to
the village painted with or otherwise display the assure the village that such persons aze licensed
name of the person owning same, together with countywide by the county. The fee for this certifi-
the business address, and the telephone number
of the place of business. cation shall be two dollars ($2.00). Anyone violat-
ing this provision by failing to register the re-
(b) Each such vehicle shall be lettered either quired information with the licensing officer shall
on the door or on the body in such a manner as to be deemed guilty of a misdemeanor of the second
be legible. degree.
(Ord. No. 7-81, § 1, 7-23-81) (Ord. No. 7-81, § 1, 7-23-81)
ARTICLE III. BUSIlVESSES LOCATED
OUTSIDE VII.LAGE LIlVIITS Sec. 17-34.2. Application for certificate of
regulation.
Sec. 17-34. Certificate of business regula-
tion required; basis of one year. Before the village shall be required to issue a
Pursuant to section 166.221, Florida Statutes, certificate of regulation for engaging in or carry-
a regulatory fee is hereby imposed by the village ing on any of the businesses, professions or occu-
in the respective amounts set forth in section pations specified and set forth herein, it shall be
17-33 of the Code, for the regulation of any the duty of the applicant to file an application
business, profession and occupation carried on with the licensing officer, .such application to be in
within the municipal boundaries of the village the form required by the village and such appli-
when such business, profession and occupation cant shall be required to furnish to the licensing
does not have a place of business within the
village. This regulation is instituted and is re-
Supp. No. 14 1060
OFFENSES AND MISCELLANEOUS PROVISIONS § 19.99
Sec. 19.65. Vulgar language. intent to use the same or cause the same to be
No person shall use vulgar, profane or indecent used in violation of such paragraph.
language on any public street or other public place (c) Excepted uses. The prohibitions of para-
or in any public dance hall, club dance, skating graphs (a) and (b) of this section shall not apply to
rink or place of business open to public 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 substances
referred to herein are kept solely for the purpose
No person shall look, peer or peep into, or be of repelling robbers, thieves, murderers or other
found loitering around or within view of, any law violators.
window not on his own property with intent of (Code 1970, § 24-65)
watching or looking through such window where
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
missile upon or at any vehicle, building, tree or
Secs. 19.67-19-81. Reserved. other public or private property, or upon or at any
person in any p~zblic or private way or place or
enclosed or unenclosed ground.
ARTICLE V. OFFENSES AGAINST (Code 1970, § 24-66)
PUBLIC PEACE*
Secs. 19-84-19-98. Reserved.
Sec. 19-82. Stench bombs.
(a) Throwing or depositing. No person shall ARTICLE VI. NOISE CONTROL'
throw, drop, pour, deposit or discharge, upon the
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, irri- For the purpose of this article, whenever any of
tating or offensive to any of the senses with the the following words, terms or definitions are used
intent to wrongfully injure, molest, discomfort, dis- herein they shall have the meanings respectively
commode or coerce another in the use, manage- ascribed to them in this section except where the
went, conduct or control of his person or property. context requires otherwise:
No person shall attempt or aid in the attempt or
commission of any of these prohibited acts. Ambient noise means the all-encompassing noise
associated with a given environment, being a com-
(b) Possession prohibited. No person shall man- posite of sounds from many sources, near and far.
ufacture or prepare or have in his possession or For the purposes of this Code, ambient noise level
under his control, any liquid, gaseous or solid sub- is that level which is exceeded only fifty (50) per-
stance or matter of any kind which is injurious to cent of the time during an observation period of
person or property, or which is nauseous, sick- not less than seven (7) minutes, excluding random
ening, irritating or offensive to any of the senses, or intermittent noises and the alleged offensive
with the intent to use the same in violation of noise at the location and the time of day at which
paragraph (a) of this section or with intent that a comparison with an alleged offensive noise is to
the same shall be used in violation of such para- be made. The evaluation of the ambient noise level
graph. The possession or control by any person of may be done in accordance with American Na-
any such liquid, gaseous or solid substance or
matter shall be deemed prima facie evidence of tCrossreferences-Enforcement of Ch. 19, Art. XI by code
enforcement inspector, § 2-171 et seq.; offenses against public
*Cross reference-Noise control, § 19-99 et seq. peace, § 19-82 et seq.
1229
§ 19-99 NORTH PALM BEACH CODE
;
tional Standard 51.13-1971, as amended, or may work by private or public utilities when installing j
be done manually as follows: or restoring utility service.
(1) Observe a sound level meter and at either Fixed source means a machine or device ca-
five-second or ten-second intervals and pable of creating a noise level at the property line
record the A-weighted level indicated by the upon which it is located, including, but not lim-
meter needle with the meter on FAST re- ited to, industrial and commercial process ma-
sponse. chinery and equipment, pumps, fans, air condi-
(2) Repeat the observations and measurements tinning apparatus, refrigeration machines or pool
over a period of not less than seven (7) min- heaters.
utes and of a sufficient time period so as to Fluctuating noise means a noise in which the
make at least fifty (50) readings. loudness varies with time. This is expressed tech-
(3) Calculate the A-weighted sound pressure nically as a noise whose sound pressure level
level that is exceeded fifty (50) percent of varies significantly and exceeds the ambient noise
the observation period. This level shall also level.
be referred to as the L50. Impulsive noise means a very short duration
Acoustical terminology. All acoustical termi- noise. It is a noise characterized by brief exertions
nology and all definitions thereof shall be that of sound pressure which significantly exceed the
contained in ASA 51.1-1960, as amended, Amer- ambient sound pressure.
ican Standard Acoustical Terminology of the ~ Intermittent noise means an interrupted noise
American National Standards Institute. which reoccurs at either regular or irregular in-
Authorized emergency vehicle means vehicles of tervals, excluding an impulsive noise. The sound
the fire department (fire patrol), police vehicles Pressure level of an intermittent noise will equal
and such ambulances and emergency vehicles of the ambient environmental level two (2) or more i
municipal departments, public service corpora- times during the period of observation.
tions operated by private corporations, and the Motor vehicle means any vehicle which is self=
department of transportation as are designated or propelled.
authorized by the department or the chief of po-
lice of an incorporated city or any sheriff of any of Motorcycle means any motor vehicle having a
the various counties. seat or saddle for the use of the rider and designed
to travel on not more than three (3) wheels in
Decibel means a unit for measuring the inten- contact with the ground, but excluding a tractor.
sity of a sound, the mathematical formula for ~
which is expressed as the volume of a sound which Motor-driven cycle means any motorcycle, and
is equal to ten (10) times the logarithm of the any motor scooter with a motor which produces
ratio of the intensity of the sound to the intensity not to exceed five-brake horsepower, including
of a specified standard sound, abbreviated "dB." every bicycle with a motor attached.
Discrete tone means a pure tone or a .single- Noise means any sound which is unwanted or
frequency sound. This is expressed technically as which causes or tends to cause an adverse psycho-
a sound wave whose instantaneous -sound pres- logical or physiological effect on human beings.
sure varies essentially as a single sinusoidal func- Nonsteady noise is the same as a fluctuating
tion of time. noise.
Emergency work means work made necessary period of observation means the time interval II
to restore property to a safe condition following a during which acoustical data and facts are ob-
natural disaster or public calamity; or work re- tained.
quired to protect. persons or property from immi-
nentdanger caused by hurricanes, tornados, floods Sound means a temporal and spatial oscillation ,
or other natural disasters or public calamity; or in pressure, or other physical quantity in a me-
1230
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-104
dium with internal forces that causes compres- Sec. 19-101. Unlawful to make unnecessary,
sion and rarefaction of that medium, and which excessive or offensive noise.
propagates at finite speed to distant points. It shall be unlawful for any person knowingly
Sound pressure level, in decibels, of a sound is or willfully, or through his culpable negligence to
twenty (20) times the logarithm to the base ten make or create excessive, unnecessary or offen-
(10) of the ratio of the pressure of the sound to the sive noise within the village, as heard by persons.
reference sound pressure. The reference is 0.0002 (Code 1970, § 22-3; Ord. No. 5-75, § 1, 6-12-75)
microbar. The sound pressure level may be eval-
uated using FLAT, A, B, or C scales as defined by Sec. 19-102. Noise from buildings, premises
the American National Standards Institute and or property.
shall be labeled dB, dBA, dBB or dBC respec-
tively. The A-weighted sound pressure level mea- No person owning, or in possession or control of
sured with fast response on an instrument meeting any building or premises, shall use the same, or
American National Standards Institute specifics- rent the same to be used for any business or em-
tions or its successor bodies, except that only the ployment or residential use, or for any purpose of
A-weighting and fast dynamic response need be Pleasure or recreation, if such use shall, by its
provided, shall be called the "sound level." nature, be excessive or offensive, and thereby dis-
turb or destroy the peace of the neighborhood in
Steady noise means a nonfluctuating noise or a which such building or premises is situated, or be
noise whose level remains essentially constant dangerous or detrimental to health. This section
during the period of observation. shall not prohibit the operation or periodic testing
of emergency engines, generators and other equip-
Unnecessary, excessive or offensive noise means ment necessary to maintain or restore regulated
any sound or noise conflicting with the criteria, public utilities service or other necessary public
standards or levels set forth in this article for per- services.
missible noise. In the absence of specific max- (Code 1970, § 22-4; Ord. No. 5-75, § 1, 6-12-75)
imum noise levels, a noise level which exceeds the Cross reference-Buildings and building regulations, Ch.
ambient sound level by five (5) dBA or more, when s•
measured at 'the nearest property line or, in the
case of multifamily residential buildings, when Sec. 19-103. Horns and signal devices.
measured anywhere in one (1) dwelling unit or No person shall sound any horn or audible signal
from common space in the same building, shall be device of any motor vehicle, boat, engine, ma-
deemed an unnecessary, excessive or offensive chine or stationary boiler of any kind while not in
noise. motion, nor shall such horn or signal device be
Zoning district means any of the several desig- sounded under any circumstances except as re-
nated categories in the zoning code of the village. quired by law, or as a danger warning, nor shall it
(Code 1970, § 22-2; Ord. No. 5-75, § 1, 6-12-75) be sounded for any unnecessary or unreasonable
Cross reference-Zoning, App. C. period of time. This section shall not be construed
as forbidding the use of a signal device on a ve-
hicle as a warning signal during the use thereof.
Sec. 19-100. Noise control policy. (Code 1970, § 22-5; Ord. No. 5-75, § 1, 6-12-75)
Cross reference-Motor vehicles and traffic, Ch. 18.
In furtherance of the mandate of the people, as
expressed in article II, section 7 of the constitu- Sec. 19-104. Radios, electronic audio equip-
tion of the state, it shall be the policy of the vil- meat and musical instruments.
lage to conserve and protect its natural resources
and scenic beauty and adequate.provision shall be No person shall use, operate or play any radio,
made by ordinance for the abatement of excessive phonograph, stereo set, tape player, television set,
and unnecessary noise. sound amplifier or other electronic audio device
(Code 1970, § 22-1; Ord. No. 5-75, § 1, 6-12-75) or any musical instrument which produces or re-
1231
§ 19-104 NORTH PALM BEACH CODE
produces sound, at an excessive or unusually loud kind, whether on a motor vehicle, boat or any
volume level so as to disturb the peace, quiet and machine of any kind, except through a muffler or
comfort of the neighborhood in the vicinity. other device which will effectively prevent exces-
(Code 1970, § 22-6; Ord. No. 5-75, § 1, 6-12-75) sive or unnecessary loud noise.
(Code 1970, § 22-10; Ord. No. 5-75, § 1, 6-12-75)
Sec. 19.105. Loudspeakers and devices for Crosa reference-Motor vehicles and traffic, Ch. 18.
advertising.
Sec. 19-109. Vehicle defect or condition of
No person shall use, operate or play any loud- load.
speaker, sound amplifier or musical instrument
which produces or reproduces sound which is cast It shall be unlawful for any person to operate a
or emitted upon the public streets and sidewalks motor-propelled boat in need of repair, or defec-
for the purpose of commercial :advertising or for tive or under any condition of load, acceleration
attracting the atten'ton of the public to any or deceleration, as to create excessive or unneces-
building, structure or place or to the activity which sary loud noises.
is being carried on thereon. (Code 1970, § 22-11; Ord. No. 5-75, § 1, 6-12-75) ~
(Code 1970, § 22-7; Ord. No. 5-75, § 1, 6-12-75) Cross reference-Motor vehicles and traffic, Ch. 18.
Cross reference-Licenses and miscellaneous business reg-
ulations,'Ch. 1.7. SeC. 19.110. Loading, unloading and un-
packing.
Sec. 19-1:06. Noisy .and boisterous conduct. It shall be unlawful for any person engaged in
It shall be unlawful to ,knowingly and willfully loading, unloading, packing or unpacking or
cause or create ..excessive or unnecessary noise by opening crates, boxes or containers, including the
engaging in boisterous, noisy and loud conduct loading or unloading of any motor vehicles or truck ~
while upon a public street, sidewalk or parkway trailers onto any truck transport to create exces-
so as to anno$~ or disturb the quiet, comfort or 'sive or unnecessary loud noise.
repose of persons in any office, store, dwelling, (Code 1970, § 22-12; Ord. No. 5-75, § 1, 6-12-75)
hotel, motel or residence within the range of
hearing. Sec. 19-111. Permissible time for construc-
(Code 1970, § 22-8; Ord. No. 5-75, § 1, 6-12-75) tion activity.
(a) It shall be unlawful for any person to do,
Sec. 19.107. Animal noises. perform or engage in any construction work,
It shall be unlawful to keep or maintain any building, excavating, hoisting, grading, pile
animal or bird within residential zones of the vil- driving, pneumatic hammering, demolition,
lage unless the owner thereof shall provide and dredging, building alteration or repair work of
maintain adequate precautions and sound control any nature to any building or structure or upon
techniques to eliminate any excessive, offensive anY site for same, in the village between the hours
or unnecessary noise. It shall not be a violation of of 8:00 p.m. of one day and 8:00 a.m. of the next
this section, however, for any animal or bird to day if any such activity shall cause noises whose
give a sound of danger or warning under partic- levels result in excess of the limits as stated in
ular circumstances reasonably requiring the need section 19-118. No construction activity shall be
for warning. permitted on Sundays or legal holidays: Any
(Code 1970, § 22-9; Ord. No. 5-75, § 1, 6-12-75) person desiring to engage in the aforesaid activity
Cross reference-Animals and fowl, Ch. 4. beyond the stated hours of limitation, based upon ~
cases of urgent necessity or upon the interests of
Sec. 19.108. Engine exhaust. public health, safety and ultimate convenience,
may apply to the village manager or his represen-
It shall be unlawful to discharge into the open tative for a special permit. Such permits, if
air the exhaust of any steam engine, turbine or granted, shall be limited to a certain period, but
reciprocating internal-combustion engine of any may be renewed for additional periods if the emer-
1232
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-115
gency or need therefor continues. In the issuance essary to prevent all existing and new fixed me-
of such permits the village manager or his desig- chanical equipment, including, but not limited, to
nated representative shall weigh all facts and cir- air conditioning equipment, from creating exces-
cumstances and shall determine whether the rea- sive, unnecessary or offensive noise. All new air
sons given for the urgent necessity are valid and conditioning equipment hereafter installed in the
reasonable, whether the public health, safety and village shall carry the manufacturer's certifica-
ultimate convenience will be protected or better tion of the sound rating, as determined by the
served by granting the permit requested, and applicable standards of the Air Conditioning and
whether the manner and amount of loss or incon- Refrigeration Institute or the American Society of
venience to the party in interest imposes a signif- Heating, Refrigeration and Air-Conditioning En-
icanthardship. Upon an affirmative finding of the gneers. If the sound. rating. value of an air condi-
foregoing considerations,. the village manager or tinning unit is such.. that the sound: level created
his designee is authorized.. to issue the permit re- by its operation is in. conflict with they provisions
quested and any extensions thereof, as may be of section 19=118, adequate noise suppression and
required. Any person aggrieved by the decision of muffling devices shall be provided to reduce noise
the village manager or his designated represen- level to within the allowable limits. All pertinent
tative may appeal the decision of the village man- information and-. data. as to the sound ratings of
alter to the village council. such equipment shall: be furnished to the depart-
(b) It shall be unlawful for any person. to cause- merit of public services at the time the application
or permit the use of any power-driven. machinery for the building permit is made:
tools: or equipment in any portion- of the village (Code 1970, § 22-14; Ord. No: 5-75, § 1, 6-12-75)
zoned and designated as a reside. ntial district or Sec. 19.113. Noise measurement procedure.
section other than between the booms of 8c00 a.m-..
and 6:00 p.m. on weekdays and between the hours For the purpose of determining and classifying
of 12:00 noon and 6:00 p.m. on. Sundays. Power any noise, except operating motor vehicle noise
mowers shall be used only betweenn the hours: of under section 19-117, as excessive, offensive and
8:00 a.m. and 8:00 p.m, weekdays;; and on Sinn- unnecessary or as an unusually loud noise, which
days only between the hours of 12':00 noon> and' is hereby declared to be unlawful and prohibited
8:00 p.m. by this article, the following test measurements,
(Code 1970, § 22-13; Ord. No. 5-75, § 1, 6-12-75; requirements and provisions shall be applied; pro-
Ord. No. 17-76, § 2, 9-23-76) vided, however, a violation of this article may
Cross reference-Buildings and building regulations, Ch. occur without the occasion of the measurements
s. being made as hereinafter provided if circum-
stances are such that a violation would be obvious
Sec. 19-112. Fixed mechanical equipment. to an ordinary, reasonable, prudent person.
(a) It shall be unlawful to create any excessive (Code 1970, § 22-15; Ord. No. 5-75, § 1, 6-12-75)
or unnecessary loud noise in excess of the limits of Sec. 19.114. Periods of observation.
section 19-118 by the use or operation of any fixed All periods of observation made hereunder shall
mechanical equipment- including, but not limited be determined with regard to the character of the
to, air conditioners, compressor units, power fans noise being measured, and the particular instru-
or blowers or the electric motor or any engine merit used to make the measurement, and shall
used to drive such device, and such noise shall be be made in accordance with the standards con-
muffled and deadened by adequate noise suppres tained in ANSI 51.13-1971, as amended, of the
sion and muffling devices to eliminate annoyance American National Standards Institute.
and disturbance to persons within the range of (Code 1970, § 22-16; Ord. No. 5-75, § 1, 6-12-75)
hearing as set forth in this article.
(b) The director of public services shall require Sec. 19.116. Voluntary compliance.
compliance with all reasonable sound abatement The village will permit, whenever possible, those
measures and sound screening which maybe nec- persons creating excessive and unusually loud
1233
§ 19-115 NORTH PALM BEACH CODE - ~
noise to conform to the standards as provided in (2) If the noise level is found to be in violation
this article through voluntary compliance within of this article, the police officer or desig-
a reasonable time. nated person in the department of public
(Code 1970, § 22-17; Ord. No. 5-75, § 1, 6-12-75) services shall give a warning to the person
or persons responsible for the unnecessary,
Sec. 19.116. Enforcement-Authority. excessive or offensive noise.
(3) If the unnecess excessive or offensive
m'y,
(a) The provisions of this article involving motor noise is not abated within a reasonable time
vehicle noise shall be enforced by the village de- after warning, a notice of violation by the
partment of public safety. In addition, the provi- department of public services shall be is- "
sions of this article involving noise control occur- sued or the person in possession or control
ring on the highways; streets; roads; sidewalks or of the cause of the unnecessary, excessive
pedestrian ways; or other public areas, including, or offensive noise may be arrested by the
but not limited to, parks and public recreation department of public safety and charged
areas; public buildings and other public property; with violating this article. A reasonable
and any complaints of noise on private property time is such length of time as may fairly,
except stationary mechanical noise sources within properly and reasonably be allowed or re-
the village shall be investigated and enforced by quired having regard to the nature of the
the department of public services, when neces- offending, excessive or unnecessary noise
sary and the attending circumstances.
(b) The provisions of this article involving sta- (Code 1970, § 22-19; Ord. No. 5-75, § 1, 6-12-75)
Crosa reference-Administration generally, Ch. 2.
tionary mechanical noise source control and com- _
plaints and any authority and responsibility spe- Sec. 19.118. Noise control measurement Stan-
cifically designated to .the director of public dards other than motor vehicle
services shall be investigated and enforced by the noise standards.
department of public services. The department of The noise from any activity or from any permis-
public services shall assist the department of ~sible use of property within the meaning of the
public safety when requested to do so. applicable zoning district classifications of the vil-
(Code 1.970, § 22-18; Ord. No. 5-75, § 1, 6-12-75) lage shall be deemed to be excessive, unneces-
sary, offensive and unusually loud if the total noise
Sec. 19.117. Same-Procedure. level as measured on the A-scale due to both am-
bient noise level and the alleged source of the
(a) Operating motor vehicle noise enforcement. unnecessary, offensive or excessive noise exceeds
The procedure for enforcing operating motor ve- the noise levels which are herein prescribed, the
hicle noise standards shall be as established in measurement of which is based upon decibels, i.e.
chapter 403, Florida Statutes, and applicable rules 0.0002 microbar, and day conditions referring to
and regulations of the department of pollution con- the time between 7:00 a.m. and 10:00 p.m. and
trol with the cooperation of the department of night conditions referring to the time between
highway safety and motor vehicles. 10:00 p.m. and 7:00 a.m. All such measurements
(b) All other noises. In all other cases, the pro- as well as the method employed shall be consis- ~
cedure for enforcing the provisions of this article tent with the regulations of the American Na-
shall be as follows: tional Standards Institute or its successor bodies
and shall represent the A-weighted sound pres-
(1) The police officer or designated persons in sure level which is exceeded fifty (50) percent of
the department of public services shall in- the time (L50) during the observation period as
vestigate and determine if the level is in described in the definition of "ambient noise" in ~
section 19-99 of this article.
excess of that stated in section 19-118 or II
other section of this article where appli- (1) At no point on the boundary of or within a
cable. residential area zoned R-1, R-2 or R-3, ac-
1234
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-184
cording to the zoning code of the village such activity in performance of that ac-
and official zoning map of the village, and tivity.
as a result of any noise source outside of
the property in question may the following (2) All equipment tests required by law.
sound pressure levels be exceeded: (3) All procedures or processes required by law,
a. Day: Fifty-five (55) dBA. and
b. Night: Fifty (50) dBA. (4) All accidental soundings of equipment or
(2) At no point on the boundary of or within mechanical failure of equipment making
the area zoned C-1, C-2, C-A or C-1A, ac- noise prohibited in this article.
cording to the zoning code of the village (Code 1970, § 22-23; Ord. No. 5-75, § 1, 6-12-75)
and official zoning map of the village may
the following sound pressure levels be ex- Secs. 19.121-19-144. Reserved.
ceeded as a result of any noise source out-
side the property in question:
a. Day: Sixty (60) dBA. ARTICLE VII. RESERVED
b. Night: Sixty (60) dBA. Secs. 19.145-19.182. Reserved.
(3) For any source of sound which emits a dis-
crete tone, the sound level limits set in sub-
paragraphs (a) and (b) of this section shall ARTICLE VIII. FNEAPONS
be reduced by five (5) dB.
(4) For any source of sound measured at the See. 19.183. Possession.
source, the maximum sound levels shall not
exceed the sound level limits in subpara- (a) Except within his own domicile, no person
graphs (a) through (c) of this section by: shall have in his possession, or carry or use, any
air gun, BB gun, gas-operated gun or spring gun
a. Ten (10) dBA from 7:00 a.m. to 10:00 or any instrument, toy or weapon commonly
p.m. in a residential area. known as a "peashooter," "slingshot" or "beany"
b. Five (5) dBA from 10:00 p.m. to 7:00 or any bow made for the purpose of throwing or
a.m. in a residential area. projecting missiles of any kind by any means what-
c. Ten (10) dBA at all times in commer- soever, whether such instrument is called by any
cial, manufacturing, industrial or ag- name set forth above or by any other name.
ricultural land use work.
(Code 1970, § 22-20; Ord. No. 5-75, § 1, 6-12-75; (b) Nothing herein contained-shall be construed
Ord. No. 17-76, § 1, 9-23-76) to prevent the concealed or open carrying of any
type of gun whatsoever when unloaded and prop-
Sec. 19-119. Special permits excepted. erly encased, to or from any shooting range or
The operational performance standards estab- shooting gallery or to or from an area where
fished by this article except for operating motor hunting is allowed by law.
vehicle noise shall not apply to any public perfor- (Code 1970, § 24-72; Ord. No. 20-88, § 1, 8-11-88)
mance being conducted in accordance with the pro-
visions of a special permit granted by the village Sec. 19.184. Carrying concealed weapons.
for the conduct of a public performance nor to any
emergency work, as defined by section 19-99. (a) No person shall wear under his clothes, or
(Code 1970, § 22-22; Ord. No. 5-75, § 1, 6-12-75) conceal about his person, or display in a threat-
Sec. 19.120. Exemptions. ening manner, any dangerous or deadly weapon
including, but not by way of limitations, any sling-
The following are exempt from the operation of shot, cross-knuckles, or knuckles of lead, brass or
this article: other metal, or any bowie knife, or any knife re-
(1) All public parks, schools, playgrounds and sembling a bowie knife, or any knife with aswitch-
recreation areas specifically designated for blade or device whereby the blade or blades can
1235
§ 19-184 NORTH PALM BEACH CODE
i
)
be opened by a flick of a button, pressure on the such weapon; and the name of the employee
handle, or other mechanical contrivance. or other person making such purchase, sale,
rental or exchange.
(c) This section shall not be construed to forbid
United States marshals sheriffs constables and (2) Daily reports. Daily reports shall be deliv- i
their deputies, and any regular, special or ex of- ered to the director of public safety of every
ficio police officer, or,any other law enforcement such purchase, sale, loan or gift. The report
officer from carrying or wearing, while on duty, shall be on forms provided by the director
such weapons as shall be necessary in the proper of public safety and shall set forth the name
discharge of their duties. in full, the residence, age and physical de-
(Code 1970, § 24-73) scription and the occupation of the person
to whom or from whom such .dangerous or
deadly weapon has been purchased, sold,.
Sec. 19.18G. Sales restricted. loaned or given.
(Code 1970, § 24-74) `
(a) Sale of switchblade knives prohibited. No
person shall sell, offer for sale, or display any knife Sec. 19-186. Forfeiture;. disposition.
or knives having the appearance of a pocket knife,
the blade or blades of which can be opened by a (a) Every person convicted of a violation of this
flick of a button, pressure on the handle, or other article shall forfeit to the village such .dangerous
mechanical devices. Such knife is hereby declared or deadly weapon so concealed or displayed.
to be a dangerous or deadly weapon within the (b) Every police officer, upon making any ar-
meaning of section 19-183-, and shall be subject to rest and taking a weapon used in violation of ar-
forfeiture to the village as provided in this article. ticles I through V and this article of this chapter,
shall deliver the same to the judge to beheld by
(b) Display and sale of specified weapons. No him until the final determination of the prosecu-
pawnbroker, secondhand dealer or other person tion for such offense; and, upon the fording of guilt,
engaged in business in the village shall display or it shall then be the duty of such judge to deliver
place on exhibition in any show window or other such weapon forthwith to the director of public
window facing any street, any brass. or metal safety who shall make disposition of the weapon.
knuckles, or any club loaded with lead or other (Code 1970, § 24-75)
weight, or any blackjack or billy .club.
(c) Record of sales required. Every secondhand Secs. 19.187-19-199. Reserved.
dealer, pawnbroker or other- person engaged in
the sale, rental or exchange of any weapons de-
scribed in sections. 19-183 and paragraph , (b) of ARTICLE IX. WATER SHORTAGE
this section shall keep a record of .each such EMERGENCIES*
weapon purchased, sold, rented or exchanged at
retail. Sec. 19-200. Definitions.
(1) Time. of recordation. The record shall be For the purpose of this article the following
made at the time of the transaction, in a terms, phrases, words .and their derivations .shall
book" kept for that purpose, and shall in- .have the meaning given herein. When not incon-
elude the name of'the person to whom such *Editor's note-Ordinance No. 6-81, 1-6 and 9, en-
weapon is sold or from whom such weapon acted May 14, 1981, has been codified as Art. IX, 19.200-
- is purchased; his or her age, physical de- 19.2os, at the editor's discretion. Such provisions did not ex-
scrption, occupation, residence, and,,if re- pressly amend the Code.
Cross references-Civil emergencies, Ch. 8; health .and
siding in a municipality, the street and sanitation, Ch. 14; planning and development, Ch. 21; streets
number where he or she resides; the date of and sidewalks, Ch. 24; awimmingpoola, Ch. 25; trees and ahrub-
the purchase, sale, rental or exchange of bery, Ch. 27; subdivisions, App. B; zoning, App. C.
1236
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-209
tense. For any alarm system existing prior to the
effective date of the ordinance from which this
article derived, an alarm permit application shall
be made within sixty (60) days from notification
by the village to the alarm user. Alarm system
permits shall first issue for the period from Au-
gust 1, 1993, to January 1, 1995, and on an
annual basis thereafter.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
4-22-93; Ord. No. 14-93, § 1, 6-10-93)
Sec. 19-209. Application for alarm system
permit.
(a) Applications for alarm system permits shall
be made to the director of public safety on forms
provided by the public safety department. The
application shall be signed by the alarm user and
shall provide the following information:
(1) Name, address and telephone number of '
the alarm user;
(2) Address and telephone number of the
alarm user's premises or building to be
served by the alarm;
(3) The name, address and telephone number
of the person or persons in charge of the
premises or building served by the alarm;
(4) If not the alarm user, the name, address
and telephone number of the property
owner;
(5) The names, address and telephone num-
bers of two (2) persons that shall respond
to assist public safety personnel at the
site of the alarm in case of problems.
These persons must be available for twenty-
four (24) hour per day contact and re-
spond within one (1) hour if requested.
These persons are required to possess the
authority to access and inspect the prem-
ises in order to evaluate any problems
and make an official report if necessary.
(6) The name, address and telephone number
of the person or entity installing the alarm;
(7) The name, address- and telephone number
of the person or entity monitoring the
alarm;
Supp. No. 16 1238.1
1
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-212
(8) The name, address and telephone number permit issued. The alarm user shall post the ini-
of the person or entity providing mainte- tial decal prominently on or near the front en-
nance and repair service to the alarm; trance to the premises such that the permit
(9) An agreement by the alarm user, binding number provided on the decal is visible from out-
upon the alarm user's heirs and successors side the structure.
in interest, to promptly pay or lawfully con- (fj Any alarm system permit issued pursuant
test any penalties assessed against the to this article shall not be transferable or assign-
alarm user for an excessive number of false able and shall cover only one (1) building or pre-
alarms as described in this article. miles.
(b) An amended application shall be filed within (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
ten (10) days after any change in the information 4-22-93)
provided in the application. Upon such amend-
ment, anew alarm permit shall be issued without Sec. 19.211. Issuance of alarm system permit.
charge or fee. An alarm system permit shall be issued to the
(c) Failure to comply with any items in section alarm user by the director or public safety within
19-209(a), and (b), shall result in a service fee of thirty (30) days after receipt of the completed ap-
twenty-five dollars ($25.00) per incident. This fee plication by the director of public safety. An alarm
shall be assessed at time of discovery unless, it is system permit shall be denied if:
being disclosed at time of permit renewal. (1) The requested information is not supplied
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, on the application.
4-22-93)
(2) Material information on the application is
Sec. 19-210. Term of permit; fee; nontransfer- incorrect.
able. (3) Any person or entity listed on the applica-
(a) An individual alarm system permit shall be tion under items (a)(6), (7), (8) of section
issued to single family residences. 19-209 does not possess any required occu-
pational orregulatory license to conduct the
(b) An individual alarm system permit shall be activities required by items (a)(6), (7), (8),
issued to any occupant of a multi-unit dwelling or unless the person or entity is the alarm
commercial building wishing to install aperson- user.
alined alarm system within the building already
permitted for is controlled by a single person or The department of public safety shall give no-
entityresiding or leasing within the building, that tice of the permit expiration date and need for
may already possess an alarm system permit as renewal. Application for renewal will require a
described in section 19-210(c). ten dollar ($10.00) permit renewal fee and up-
dated information required in section 19-209, items
(c) In multi-unit structures, whether residen- (a)(1) through (9).
tial or commercial, an individual alarm system (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, _
permit shall be issued for an alarm system that is 4-22-93)
used as a common alarm system throughout the
premises. Sec. 19.212. Excessive false alarms declared
(d) The alarm system permit shall be issued the a public nuisance.
alarm user by the director of public safety prior to
the alarm system being placed into service. The The emission of false alarms within the cal-
fee for this permit is ten dollars ($10.00) and shall endar year as cited in section 19-213(1) and (2) is
be renewed each calendar year. excessive and constitutes a serious public nui-
sance, and is hereby declared to be unlawful and
(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
Supp. No. 6 1239
§ 19-212 NORTH PALM BEACH CODE i.
any reason, by any alarm used by him, or .any user. The public safety department shall notify
alarm serving premises or a building occupied and each alarm user. The public safety department
controlled by such person, of more false alarms as shall notify each alarm user of the service fee
cited in section 19-213(1) and (2) within the cal- charges to be paid within thirty {30) days after
endar year. demand. If the alarm user fails to comply with
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, this notice, the public .safety department will no-
4-22-93) tify the village clerk to send notice for the alarm
user to appear before the code enforcement board.
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)
An alarm user shall pay the following fees to -Sec. 19.214. Penalty.
the village for responses to excessive false alarms
by the public safety department within the cal- Any person who shall violate the provisions of
endar year. this article shall, upon conviction thereof, be pun-
(1) In a single alarm user premise, there shall fished as provided in section 1-8 of this Code.
be no charge fora response to the first three (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
(3) alarms within the calendar year. 4-22-93)
(2) In a multi-unit structure where an alarm Sec. 19-215. Interference with public safety
system permit has been issued for a common department telephone trunk
alarm system, the no charge schedule of lines prohibited; alarm business
service fees reference false alarms within central office required; identifi- ; "
the calendar year scale will be as follows: cation required.
(a) No person shall use or cause to be used a
2-20 units -Three (3) no charge telephone or electronic device or attachment that
false alarms automatically .selects a public primary telephone
21-40 units -Four (4) no charge trunk line of the public safety department or any
false .alarms other department or bureau of the village, .and
41-60 units -Six {6) no .charge then reproduces any prerecorded message to re-
false alarms port any burglary, unauthorized entry or other
61-80 units -Eight (8) no charge emergency. Any such alarm system shall be ds-
false alarms connected and its use discontinued within sixty
81-100 units -Ten (10) no charge (60) days of enactment of this article [Ordinance
false .alarms 11-93].
101-120 units -Twelve (12) no
charge false alarms No person shall provide alarm service system
121 or more units -Fifteen (15) n o programmed to a central alarm reception office
charge false alarms unless it shall have the central office staffed at all
times, twenty-four (24) hours a day, including hol-
(3) There shall be a service fee charge of fifty idays.
dollars ($50.00) for response to any false
alarm in excess of the allotted no charge (c) Any staff member of a private alarm service
false alarms within the calendar year as system reporting an alarm activation to which
listed in section 19-213(1) and (2). the public safety department response is requested
shall identify himself and state the name and tele-
The director of public safety shall keep a record phone number of the alarm business by which
of whenever a false alarm has been responded to such response is requested.
by the public safety department, and shall note (Ord. No. 11=81, § 1, 11-12-81; Ord. No. 11-93, § 1,
the frequency of such false alarms for each alarm 4-22-93)
Supp. No. 6 1240
OFFENSES AND MISCELLANEOUS PROVISIONS § 19-221
Sec. 19-216. Audible alarms. by, Underwriters Laboratory, Inc., and the Stan-
dards of the National Fire Protection Association.
All alarms which may be heard in any public (Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
place shall be equipped and maintained to auto- 4-22-93)
matically cut off no longer than thirty (30) min-
utes after being set off.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1, ARTICLE XI. WELLFIELD PROTECTION
4-22-93)
Sec. 19-220. County wellfield protection ordi-
Sec. 19.217. Enforcement through code en- nance adopted by reference.
forcement board. The village adopts, by reference, the county well-
The director of public safety may initiate action field protection ordinance (Ordinance No. 88-71).
before the code enforcement board of the village (Ord. No. 22-90, § 1, 6-28-90)
to obtain compliance with this article. Any no-
tices of appearance before the code enforcement Sec. 19.221. Regulation of business activities
board shall be sent to both the alarm user and with potential to contaminate
property owner, if different, on the authority of land and water resources.
the code enforcement board through the village A business must notify the county department
clerk's office. The board shall have authority to of environmental resources management of its in-
place alien against the property served by the tent to use, store and/or dispose of those haz-
criminal detection or fire alarm systems in the ardous or toxic substances cited in the county well-
amount of all service charges assessed by the vil- field protection ordinance. This requirement shall
lage pursuant to section 19-213 above. If the alarm be implemented and monitored through the an-
user and property owner are different, the code nual renewal of village occupational licenses. At
enforcement board shall have authority to pro- the time of annual renewal, the applicant shall
teed against the alarm user who receives written present proof to the village in the form of a re-
notice even though the director of public safety turned receipt of such notification to the county
- has been unable to serve notice upon the property department of environmental resources manage-
owner. ment.
The village may proceed by a suit in a court of (Ord. No. 22-90, § 1, 6-28-90)
Cross reference-Licenses and miscellaneous business reg-
proper jurisdiction to collect such service fee ulations, Ch. 17.
charge after demand therefore has been made by
the village and the alarm user has failed to pay
same within thirty (30) days after such demand.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
4-22-93)
Sec. 19-218. Exemptions.
This article shall not apply to any alarms at-
tached to motor vehicles or attached to any pub-
licly owned property.
(Ord. No. 11-81, § 1, 11-12-81; Ord. No. 11-93, § 1,
4-22-93)
Sec. 19.219. Alarm user standards.
All alarm systems installed within the village
shall meet or exceed the standards of, and be listed,
[The next page is 12891
Supp. No. 6 1241
3
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. wally 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 Sees. 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. iTTILITY TAX*
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 nine (9) 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 within the
corporate limits of the village. corporate limits of the village. A tax of two cents
(b) In the case of multiple-peril policies with a ($0.02) per gallon is hereby imposed and levied on
single premium for both property and. casualty each and every purchase of fuel oil within the
coverages in such policies, thirty (30) percent of corporate limits of the village.
such premium shall be used as the basis for the (Code 1970, § 38-21; Ord. No. 199-69, 1, 6; Ord.
one-percent tax above. No. 222-71, § 1, 1-14-71; Ord. No. 22-79, § 1,
9-27-79; Ord. No. 9-81, § 1, 9-24-81; Ord. No.
(c) The excise or license tax shall be payable 16-92, § 1, 9-24-92; Ord. No. 23-93, § 1, 9-23-93;
annually March 1 of each year after the passing of Ord. No. 41-97, § 1, 9-25-97; Ord. No. 24-98, § 1,
an ordinance assessing and imposing the tax 10-8-98)
herein authorized. Editor's note-Section 3 of Ord. No. 24-98 states that this
(Code 1970, § 38-19) ordinance shall take effect on April, 1, 1999.
Sec. 26-17. Property insurance premiums. Sec. 26-30. Collection.
(a) In accordance with F.S. section 175.101, (a) The tax imposed and levied in section 2629
the village does hereby assess and impose on shall be collected from the purchaser of such
every insurance company, corporation or other utilities services and paid by such purchaser for
insurer now engaged in or carrying on, or who the use of the village to the sellers of such
shall hereafter engage in or carry on, the business electricity, fuel oil, metered gas and bottled gas
of property insurance, as shown by the records of (natural liquefied petroleum gas or manufactured_
the state treasurer in his capacity as state insur- gas) at the time of the purchaser paying the
ante commissioner, an excise or license tax in charge therefor to the seller..
addition to any lawful license or excise tax now
levied by the village amounting to two (2) percent (b) The sellers of electricity, fuel oil, metered
of the gross amount of receipts of premiums from gas and bottled gas (natural liquefied petroleum
policyholders on all premiums collected on prop- gas or manufactured gas) within the corporate
erty insurance policies covering property within *State law reference-Public service tax authorized, F S.
the corporate limits of the village. § lss.231.
Supp. No. 17 1629
`I
f
§ 26-30 NORTH PALM BEACH CODE
limits of the village shall act as the tax collection aircraft engine, fuel or propellant or for use in
mediums or agencies for the village, and they internal-combustion engines shall be exempt from
shall collect from the purchasers of such utilities taxation hereunder.
services for the use of the village the tax imposed
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-
tered gas and bottled gas (natural liquefied petro-
leum gas or manufactured gas) shall account for, Secs. 26-32-26-50. Reserved.
report and pay over all moneys received by them
on or before the fifteenth day of each and every
month under the provisions of this article, and ARTICLE IV. TELECOMMUNICATIONS
shall submit such moneys, reports and accounting SERVICE TAX*
to the village treasurer on or before the first day
of the month following the fifteenth day of each
month. The accounting and reports which shall Sec. 26-51. Levy; rate.
accompany such payment shall be upon such
forms as can be mutually agreed upon by the There is hereby levied and imposed by the
village treasurer and the sellers of such electric- village a public service tax upon purchases within
ity, fuel oil, metered gas and bottled gas (natural the municipality of telecommunications services,
liquefied petroleum gas or manufactured gas), as defined in F S. section 203.012, which origi-
and if rao such agreement can be reached, they pate and terminate in this state, at a rate of six
shall be upon such forms as .are determined by the (6) percent of the total amount charged for any
village treasurer. telecommunications service provided within the
(Code 1970, § 38-22; Ord. No.199-69, § 5; Ord. No. village or, if the location of the telecommunica-
222-71, § 1, 1-14-71) tions service provided cannot be determined, the
total amount billed for such telecommunications
Sec. 26-31. Exemptions. service to a telephone or telephone number, a
telecommunications number or device, or a
(a) The municipal government of the village, ,
its commissions and agencies, the United States customer s billing address located within the vil-
government, State of Florida, Florida municipal- lage, excluding public telephone charges collected
hies and public bodies exempted by law or court on site, charges for any foreign exchange service
order shall be exempted from the payment of the °T anY Private line service except when -such
tax imposed and levied by this article. services are used or sold as a substitute for any
telephone company switched service or dedicated
(b) The tax imposed by this article shall not be facility by which a telephone: company provides a
applied against any fuel adjustment charge, and communication path, access charges, and any
such charge shall be separately stated on each customer access line charges paid to a local tele-
bill. "Fuel adjustment charge" shall mean all phone company. However, those telecommunica-
increases in the cost of utility services to the tions services described in F. S. section
ultimate consumer resulting from an increase in
the cost of fuel to the utility subsequent to Octo- *Editor's note-ord. No. 18-s4, adopted Sept. 22, 1994,
didnot specifically amend the Code and at the discretion of the
ber 1, 1973. editor said provisions have been included herein as Art. IV,
(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 uS2 as an included at the discretion of the editor.
Supp. No. 17 1630
TAXATION § 26-54
203.012(5)(b), shall be taxed only on the monthly certificate of exemption issued under F.S. ch. 212
recurring customer service charges excluding vari- shall be exempted from the payment of the tax
able usage charges. imposed and levied by this part.
(Ord. No. 18-94, § 1, 9-22-94; Ord. No. 43-96, § 1, (b) Purchases of local telephone service or other
12-26-96; Ord. No. 42-97, § 1, 9-25-97) telecommunication service for use in the conduct
of telecommunication service for hire or otherwise
Sec. 26-52. Collection. for resale shall be exempted from the payment of
the tax imposed and levied by this part.
(a) When a seller of telecommunications ser- (Ord. No. 18-94, § 3, 9-22-94; Ord. No. 43-96, § 3,
vices renders a bill to the purchaser to cover 12-26-96; Ord. No. 42-97, § 2, 9-25-97)
purchases made during the period of time to
which the bill is applicable, the amount of public Sec. 2f-54. Compensation.
service tax shall be stated separately from gov-
ernmental charges and taxes, and shall not be For the purpose of compensating the seller of
levied thereon. telecommunication service, the seller shall be
allowed one (1) percent of the amount of the tax
(b) The purchaser shall pay such public service collected and due to the village in the form of a
tax to the seller at the time of payment of each deduction from the amount collected for remit-
such bill. The seller, as collection agent for the tance. The deduction is allowed as compensation
village, shall collect such public service tax from for keeping of records and for the collection of, and
the purchaser at the time of payment of each such the remitting of, the tax.
bill. Provided and to the extent that such bills are (Ord. No. 18-94, § 4, 9-22-94; Ord. No. 43-96, § 4,
subsequently paid, the seller shall remit the pub- 12-26-96)
lic service tax to the village in accordance with the
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. Exemption§.
(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
[The next page is 1681]
Supp. No. 17 1631
I
~I
I
I
1
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
rules and regulations [set -out in this chapter] charge the cost thereof against the own-
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)-ft,e- owner and may be enforced by filing an
quired; term. authenticated copy of the resolution in
(a) No utility shall be installed, located or the office of the clerk of the circuit court of
relocated along, across or on any road under the county wherein the owner's property
village jurisdiction, unless authorized by a writ- is located. The owner may obtain judicial
ten permit, hereinafter referred to as a "fran- review of the resolution of the village
chise," issued by the village. within the time and in the manner pro-
(b) No franchise shall be issued for a term in vided for by the Florida Appellate Rules
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
of this state or licensed to do business within this (3) The franchise holder shall be responsible
state. for any damage resulting from the issu-
(Ord. No. 15-86, § 1(1-3), 10-9-86) ante of such franchise, and shall indem-
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
(2) When any public road or right-of--way is franchise holder of the franchise shall be
damaged or impaired in any way because an agreement by it to pay to the village
of the installation, inspection or repair of anY sum of money for which the village
a utility located along, across or on such may become liable from or by reason of
road or right-of-way, the owner of the such injury.
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: 13 1741
§ 28-3 NORTH PAL?? 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 anytelephone 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(31•
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) ~ the event the village, or any other 7
price to be paid by the village, then the governmental authority with juiisdiction
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 actor=.
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 far services provided shall apply to this section.
within the corporate limits of the village (Ord. No. 15-86, § 1(4a-i), 10-9-86)
by the franchise holder. such fee shall be
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-Section 36-32 of the 1970 village Code
appears in Appendix B, Subdivisions, of this Code of Ordi-
nances.
i
1The next page is 2043]
Supp. No. 13 1742
APPENDD~ 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 may be 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
For the purpose of this ordinance, certain words complies with F.S, chapter 402.
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
Accessory building shall include a building environment for seven (7) to fourteen (14) unre-
customarily incident and accessory to the prirci- lated residents who operate as the functional
pal use of land or building located on the same lot. equivalent of a family, including such supervision
In R-1 and R-2 residential dwelling districts an and care by supportive staff as may be necessary
accessory building shall be limited to an automo- to meet the physical, emotional, and social needs
bile garage. of the residents.
Adult entertainment. Adult entertainment means Decoratiue post structure is the support base for
any adult arcade, adult theater, adult booth, adult alight fixture and shall comply with the following
bookstore/adult video store, adult motel or adult requirements:
dancing establishment as defined in Ordinance
No. 88-31, Palm Beach County Adult Entertain- (1) The installation of a decorative post struc-
ment Code; or any establishment or business tore shall comply with all village build-
operated for commercial gain where any em- ing, electrical and zoning codes.
ployee, operator or owner exposes his/her speci-
(2) Free standing.
fled anatomical area for viewing by patrons, in-
cludingbut not limited to: massage establishments (3) Conform with the architectural design of
whether or not licensed pursuant to Chapter 480, the main building veneer.
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 pDSt struc-
nals, radio frequencies (excluding radar signals), tares per lot.
wireless telecommunications signals or other com-
munication signals, (See antenna toLOer for appli- (6) Not more than thirty (30) inches in width
cable regulations). and depth and/or diameter.
Antenna tower is a guyed, monopole or self- (7) Not less than eighteen (18) inches setback
supporting structure, whether free standing or from any iot line.
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 a mini-
tropic communication. mum of thirty-five (35) feet from any side
Sapp. No. 13 2481
i
§ 45-2 NORTH PALM BEACH CODE
- {
lot line or rear lot Iine 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 bath the main
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 tended roof beyond the normal eave or cornice
material, design and color as the fence to which it
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. Front yard is that area between the front
Drug store is a store engaged in the sale of building line and the front line of the lot, and
extending from one (L) side line to the other.
prescription drugs and other items not necessar- /"-
ily related to pharmaceuticals. Lamp post is a free standing structure that is
Dwelling is any building or structure designed not more than four (4) inches in width and depth ~ -
exclusively for residential occupancy. A dwelling and/or diameter and not more than eighty-four
_ may be designed for one-family, two-family or (84) inches in height. The installation of a lamp
multiple-family occupancy, but not including ho- Post shall comply with all village building, elec-
tels, clubs, motels, boarding or lodging houses or txZCal and zoning codes. A lamp post may be
house_trailers whether such trailers be mobile or installed within the main building setback area. -
located in stationary fashion as when on blocks or Lining area is that area within any dwelling or
other foundation. rooming unit, measured between the inner sides
of the .exterior walls,. made usable for human
Dwelling unit is a single unit providing coin- habitation, with the following exceptions: Any
plete, independent living facilities for one (1) or utility room or storage space that is not accessible
more persons including permanent provisions for from within the principal. structure; all common
living, sleeping, eating, cooking and sanitation. corridors, hallways or exits provided for access or
Family day care home is an occupied residence vertical travel between stories of apartments. of
in which child care is regularly provided for five multifamily units.
(5) or fewer preschool children from more than Lot is a parcel of land occupied or to be occupied
one unrelated- family and which receives apay- by one (1) main building and its accessory build-
ment, fee or grant for any of the children receiving ings with such open and parking spaces as are
care, whether or not operated for profit. The required by the :provisions of this ordinance, and
maximum five {5) .preschool children shall include having its principal frontage upon a street.
preschool children living in the home and pre-
school children received for day care and not Lot of record is a part of the land subdivision,
related to the resident caregiver. Elementary school the map of which has been recorded in the office of
siblings of the preschool children receiving day the clerk of-the -court of Palm Beach County, ~
care may also receive day care .outside of school Florida. ~
Supp. No. 13 2482
APPENDIX C--ZONING § 45-2
Mixed-use commercial means a combination of in F.S. chapters 400, 760, 393 and 394, shall not
retail commercial and non-retail commercial busi- reside in the same community residential home
nesses where non-retail tenants comprise fifty as a child as defined in F.S. chapter 39.
(50) percent or more of the gross floor azea. Any
combination of retail and non-retail businesses Retail commercial means any business classi-
where the retail component comprises fifty (50) fled as a "retail trade" establishment using the
percent or more of the gross floor azea shall be Standard Industrial Code (S.LC.) System, pro-
classified as a retail commercial facility. vided that such business is permitted by the
Village Code of Ordinances.
Mobile home park means a residential tenancy
in which a mobile home is placed upon a rented or Satellite television antenna is an apparatus
leased lot in a park in which ten (10) or more lots capable of receiving communications from atrans-
are offered for rent or lease. mitter or a transmitter relay located in planetary
orbit. Usable satellite signal is a signal which,
Motel is a group of two (2) or more attached, when viewed on a conventional television set, is
detached, or semidetached buildings containing at least equal in picture quality to that received
guest rooms or apartments with automobile. stor- from local commercial television stations or by
age or parking space provided in connection there- way of cable television. Satellite dish antennas
with, designed and used primarily by automobile may be erected as an accessory structure in R-1
transients. and R-2 zoning. districts, subject to the following
1Von-retail commercial means any business clas- restrictions:
sifted as other than "retail trade" using the Stan- (1) The satellite television antenna shall be
dazd Industrial Code (S.I.C.) System, provided mounted on the ground only, and shall be
that such business is permitted by the Village located only in the reaz yard of any lot..
Code of Ordinances. The satellite television antenna shall be
placed so that there shall be a rear and
Occupied shall be deemed to include the words side yard of not less than five (5) feet, or if
"arranged," "designed" or "intended to be occu- a corner lot, a side street yazd of not less
pied." than twenty (20) feet.
Pharmacy is an establishment engaged in the (2) Such antenna shall not exceed fifteen (15)
preparation of prescription drugs and the sale of feet in height, including any platform or
drugs, prosthetic supplies,. surgical instruments structure upon which said. antenna is
and supplies, and sale and/or rental of aids for mounted or affixed. Such antenna may
invalids. not exceed fifteen (15) feet in diameter.
(3) Installation of a satellite television an-
Rear yard is that area between the rear build- tenna shaIl comply with the village build-
ing line and the reaz 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 (51 Satellite television antennas shall meet
F.S. chapter 400; a physically disabled or handi- all manufacturer specifications, be of non-
capped person as defined in F.S. chapter 760; a combustible and corrosive-resistant mate-
developmentally disabled person as defined in rial, and be erected in a secure, wind-
F.S. chapter 393; a nondangerous mentally ill resistant manner. Every such antenna
person as defined in F.S. chapter 394; or a child as must be adequately grounded for protec-
defined in F.S. chapter 39. Residents, as defined tion against a direct strike of lightning.
Supp. No. 15 2482.1
I
I
§ 45-2 NORTH PALM BEACH CODE
(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."
erty by an opaque fence, an opaque wall
or by natural landscape planting so planted Ward 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,
vines, plants, groundcover and turf grasses which
-side, rear and front lot line or from the currently aze drought tolerant. The implementation of ap-
designated ultimate right-of--way line (i.e., fed- propriate planning and design, use of soil amend-
eral, state, county and village) to the closest point menu, efficient irrigation, practical turf grass,
within the lot that may be occupied by a building use of drought tolerant plants, mulches and ap-
or anaccessory structure. Front setbacks shall be propriate maintenance results in reduced water
based on the platted front line of the property or consumption but still provides a very wide range
on the ultimate right-of--way line as determined of attractive landscaping alternatives.
by the village.
(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. 21-9Q, § 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;
Ord. No. 498, § 1, 1-2-98)
Story is that portion of a building between the Cross reference-Definitions for Code in general, § 12.
surface of any floor and the surface of the floor
next above it, or, if there be no floor above it, then Sec. 45-3. Interpretation of provisions.
the :space between any floor and the ceiling next ~ interpreting and applying the provisions of
above it. this ordinance, they shall be held to be the mini-
Street is any public or private thoroughfaze mum requirements for the promotion of the public
_ which affords the principal means of access to health, safety, morals and general welfaze of the
abutting property. It may be designated on the community.
map as a treet, avenue, boulevard, drive, place, .Sec. 45-4. Conflict of provisions.
court, road, terrace, way, .circle, lane, walk, path -
or otherwise. (1) It is not intended by this ordinance to
Z~me-share unit is a dwelling unit in which the interfere with or abrogate or annul any ease-
ments,. covenants or other agreements between
right of use or occupancy circulates among vari- parties.
ous persons for specific periods of time less than
one { 1) year in accordance with a fixed time (2) That where this ordinance imposes a greater
schedule. restriction upon the use of buildings or premises,
or upon the ;height of buildings, or requires larger
2}ansient commercial means any one, or a open spaces than aze imposed or required by
combination of the following businesses oriented other ordinances, rules, regulations or by ease-
to serving either village residents or the motoring menu, covenants, or agreements, the provisions
public (i.e. in transit through or visiting the azea); of this ordinance shall control.
{1) the sale of -fuel, convenience goods and/or
:minor vehicular repair services; (2) hotel and/or Sec. 45-5. Changes and amendments.
motel accommodations; (3) restaurant facilities;
(4) florist, tobacco store and stand, and hobbies, The village council :may, from time to time, on
toys and games. its own motion or on petition, :amend, supple- )
Supp. No. 15 2482.2
APPENDIX C-ZONING § 45-16
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. 15 2482.3
i
APPENDD~ C-ZONING § 45-31.1
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
shall be built in accordance with specifi- seven hundred fifty (750) square feet; an addi-
cations for streets and parking of the tional one hundred fifty (150) square feet of floor
Village of North Palm Beach and main- area shall be required for each additional bed-
tained in such manner that no dust will room provided.
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. 18 2497
i
§ 45-31.1 NORTH PALM BEACH CODE
stalled parallel to the store front sidewalks netted with wet boat storage facili-
not less than nine (9) feet above the side- ties, there shall be provided one (1)
walk. two hundred-square-foot parking
(Ord. No. 10-73, § 6, 9-13-73; Ord. No. 1-78, § 1, space, exclusive of workshop and of-
2-9-78; Ord. No. 22-82, 4, 5, 9, 12-9-82; Ord. No. fice areas.
15-84, § 2, 7-12-84; Ord. No. 47-96, § 1, 12-12-96; c. For each one hundred (100) square
Ord. No. 27-99, 3, 4, 8-12-99) feet of workshop floor area, there
shall be provided one (1) two hundred-
Sec. 45-32. C-lAlimited commercial district. square-foot parking space, and for
each two hundred (200) square feet
A. Uses permitted. Within any C-1A limited ofworkshop area above the first floor,
commercial district, no building, structure, land there shall be provided one (1) two
or water shall be used, except for one (1) or more hundred-square-foot parking space.
of the following uses: d. For each three hundred (300) square
1. Reserved.. feet of floor area used for office pur-
poses, there shall beprovided one (1)
2. Hotels, motels and time-share units. two hundred-square-foot parking
3. Restaurants other than drive-in restau- space.
rants, including cocktail lounges. e. All new marinas and major improve-
4. Nursery and private schools. menrs to existing marinas shall pro-
s. Golf club and its accessory uses such as vide sewage pump-outservice to boats
seven (7) meters (twenty-two and
restaurant, bar, driving range and equip- ~ety-seven hundredths (22.97) feet)
went store. in length or more.
6. Professional offices including real estate
offices, finance offices, medical and dental B. Building height regulations. No main build-
clinics and the like, providing same are ing shall exceed two (2) stories or thirty (30) feet
architecturally and structurally in har- in height at the required .front, rear and side
mony with the spirit of the community. building lines. For structures in excess of two (2)
stories in height, five (5) feet shall be added to the
7. Marinas and their accessory uses such as required front, rear and side yards for each story
wet boat storage facilities, indoor dry boat added to the building in excess of two (2). No main
storage facilities, gasoline supplies and building, however, shall occupy more than thirty-
such minor repair facilities as are inciden- five (35) percent of the site area so required.
tal to boat storage and which do not
involve major boat and/or engine over- C. Building site area regulations.
haul, provided all facilities are architec- 1. For single- and multiple-family dwelling
turally and structurally in harmony with structures, the same as required in the
the spirit of the community. Provided fur- R-1 and R-3 districts, respectively.
ther that:
D. Yard space regulations.
a. For each three thousand (3,000) cu- 1. Front yards.
bit feet of designated boat storage
space connected with indoor dry boat (a) For main structures of two (2) sto-
storage facilities, there shall be pro- ries or less, there shall be a front
vided one (1) two hundred-square- yard of not less than fifty (50) feet
foot parking space, exclusive of work- measured from the street line to the
shop and office areas. front line of the main building.
b. For each one and one-half (1112) des- (b) For structures in excess of two (2)
ignated boat storage spaces con- stories in height, the front yard depth
i
Supp. No. 18 2498 ~i
APPENDD~ C-ZONING § 45-32
required shall be controlled by the 6. Restaurants, one (1) space for each seventy-
provisions defined in paragraph B of five (75) square feet of floor area devoted
this section. to patron use, or one (1) space per three
2. Rear yard. (3) fixed seats, whichever is the greater,
and one (1) space for each one and one-
(a) For main structures of two (2) or less half (1~l2) projected employees who would
stories, the same as for R-1 and R-2 be actually working during peak employ-
district. ment hours.
(b) For structures in excess of two (2) 7. No parking shall be permitted in the first
stories in height, the rear depth re- ten (10) feet of the required front yard
quired shall be controlled by the depth, measured from the front property
provisions defined in paragraph B of line. The restriction against parking in
this section. the first ten (10) feet of the required front
3. Side yards. yard depth measured from the front prop-
erty line shall not apply to those proper-
(a) For structures of two (2) stories or ties which have complied in full with the
less, the same as for R-1 and R-2 landscaping provisions of chapter 41-16
districts. through 41-25 [chapter 27, article III],
(b) For structures in excess of two (2) both inclusive.
stories in height, the side yard re- Each convalescent hospital and
quirements shall be controlled by nursing home shall be provided with
the provisions defined in paragraph one (1) parking space (200 square
B of this section. feet) for each six (6) beds in the
establishment, plus one (1) parking =
(c) For a distance of one (1) block on space for each three hundred (300)
streets intersecting U.S. [Highway square feet of administrative and
No.] 1, measured from the right-of- service area within the building
way line of said U.S. [Highway No.] (kitchen, service halls, chapel, din-
t, side yards of at least twenty-five ing room, lounge, visiting areas and
(25) feet in depth shall be provided. 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
seven hundred fifty (750) square feet. An
2. Churches, the same as for the R-2 multiple- additional one hundred fifty (150) square
family dwelling district. feet of floor area shall be required for each
3. For hotels, one (1) space for each three (3) additional bedroom provided.
bedrooms, plus one (1) additional space 2. In time-share structures, each dwelling
for each five (5) employees. unit having one (1) bedroom shall have a
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.
5. Motels, one (1) space for each guest bed- G. Conditions for permitted uses:
room, plus one (1) space for the resident 1. All activities (except restaurants that qual-
manager or owner. ify under outdoor seating provisions of
Supp. No. 20 2499
§ 45-32 NORTH PALM BEACH CODE
Appendix C-Zoning), sales and storage within completely enclosed build-
ofgoods must be conducted entirely within ings with permanent nonmoving out-
completely enclosed buildings with perms- side walls.
nent nonmoving outside walls. 2. No outside sidewalk of parking lot
2. No outside sidewalk or parking lot stor- storage (or) display of merchandise
age [or] display of merchandise will be will be permitted.
permitted. 3. No manufacturing or production of
(Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. products for retail or wholesale will
10-73, § 7, 9-13-73; Ord. No. 14-74; Ord. No. be permitted.
14-76, § 1, 7-8-76; Ord. No. 22-82, 6, 7, 9,
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) five (25) feet.
E. Building site area regulations:
Sec. 45-32.1. CC Transitional commercial dis-
trict. 1. Maximum lot coverage. Main and acces-
sory buildings shall cover no more than
A. General description.This residentiaUcom- thirty-five (35) percent of the total lot
mercial transitional district is to provide for the area.
development oflow-intensity business offices and 2. Reserved.
other complementary uses. The CC district shall
serve as a transition between residential areas F. Yards.
and intense commercial development. 1. Front yards. All buildings shall be con-
B. Uses permitted. The following uses are per- strutted from the Alternate A-I-A or Pros-
mitted in the CC transitional commercial district: perity Farms Road right-of--way to pro- 1,
1. Financial institutions vide a front yard of not less than thirty 1
(30) feet. All buildings shall be set back
2. Professional offices from the right-of--way of streets which
3. Florists intersect with Alternate A-I-A or Prosper-
ity Farms Road providing a yard of not
4. Clothing stores less than twenty-five (25) feet.
5. Stationary [stationery] stores _ 2. Side yards. All buildings shall be set back
from side lot lines so as to provide side -
6. Photo studios/camera shops yards of not less than fifteen (15) feet.
7. Sporting goods stores 3. Rear yards. All buildings shall be set back
8. Gift shops from rear lot lines so as to provide a rear
9. Candy shops -yard of not less than fifteen (15) feet.
G. Off-street parking regulations. Off-street
10. Seamstress/tailor shop parking shall be provided the same as for the CA
11. Barber shops commercial district.
12. Hair salons H. Off-street parking layout, construction and
13. Nail salons maintenance shall be the same as for the CA
commercial district.
14. Instructional dance/music studios (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)
C. Conditions for permitted uses:
1. All activities, sales and storage of
goods must be conducted entirely
I
Supp. No. 20 2500
APPENDIX D
FRANCHISES*
Included herein is a listing of franchises of the village:
Ord. Adoption Term
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 10-1458 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-
nicatons-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/AAdelphiaGable Communi-
cations
5-90 (Res.) 3- 8-90 Telephone and Southern Bell Telephone and 30 2021)~~Jc?/",=' r
telegraph Telegraph Co.
*Cross reference-Ch. 28, use of rights-of-way for utilities.
[The next page is 2819]
Supp. No. 14 2619
IC
t
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
ch. 98 Ch. 10 203.012 26-51
ch. 101 10-7 203.012(5)(b) 26-51
112.181 2-161(e)(8) ch. 205 Ch. 17, Art. II
161.55(1)(d) 6-156 205.043(2),
161.041 6-153 205.043(3) 17-24, 17-25
161.053 6-154 205.053 17-20
162.12(2) 2-180 205.192 17-22
ch. 163 12.5-1 210.03 17-33
ch. 212 26-53
21-1 ch. 252 Ch.8
21-11 253.125 7-19
21-43, 21-44 280.02 2-4
App. B, Art. I, 316.008 Ch. 18
§ 36-2, App. B, Art. 316.1955, 316,1956 18-37
I, § 36-4 320.01(1) 14-37
App. B, Art. II,
§ 36-16 ch. 327 Ch. 5
App. B, Art. VI 335.065 App. B, Art. 1V,
163.01 2-4 § 36-29.1
163.161 et seq. 21-O1 337.401(3) 28-3
ch. 163.170, App. B, Art. II, 342.03 Ch. 5
§163.3164(17) § 36-10 ch. 373 19-200
163225(3)(a}--(c) 5.86 ch. 380 21-44
163.295 6-150 App. B, Art. II,
§ 36-10
163.3161 et seq. Ch. 21, Art. II 380.04 21-103
163.3177 21-44 393 App. C, § 45-2
163.3178 6-155 ch. 394 A C § 45-2
21-44 pp
ch. 400 App. C, § 45-2
ch. 166 6-16 ch. 401 11.5-21
Ch. 24 ch. 402 App. C, § 45-2
Ord. No. 2478 § 3 App. C, § 45-34.1
166.021 Ch. 17, Art. II 402.302(4),
166.221 17-34 402.302(5) 17-33
166.231 Ch. 26, Art. III ch. 403 19-117
ch. 170 21-2 413.08 4-27(d)
170.01 Ch. 24 ch. 419 17-33
ch. 175 2-167 App. C, § 45-2
175.101 26-17 ch. 472 App. B, Ai~t. I,
ch. 177 App. B, Art. I, § 36-6
§ 36-2 ch. 480 App. C, § 45-2
Supp. No. 20 2819
i
NORTH PALM BEACH CODE
Section
Section this Code
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
633.35 2-159
ch. 650 Ch. 2, Art. V, Div. 2
2-136
650.02 2-136
ch. 760 App. C, § 45-2
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
[The nest a e is 2869]
P
Supp. No. 20 2820
I~
I
I~
CODE COMPARATIVE TABLE-ORDINANCES
Adoption Section
Ord. No. Date Section this Code
33-99 10-28-99 1 18-35(8)
04-2000 2-10-00 1, 2 2-172, 2-175
3 2-176(d)
4, 5 2-178, 2-181
05-2000 2-10-00 1 11-11
06-2000 2-24-00 1 Added 3-4
10-2000 4-13-00 1 5-82
2 5-85(12)
12-2000 4-27-00 1 6-113(B)(28)
13-2000 5-11-00 1 Added 2-158.1
15-2000 5-25-00 1 App. C,
45-32.1F.
20-2000 8-10-00 1, 2 2-161(e)(4), (8)
3 2-162(1)
4 2-169(f7
22-2000 8-24-00 1 6-115(C)(1)b.
[The next page is 2933]
Supp. No. 20 2887
1
1
CODE INDEX
Section Section
BUSINESS REGULATIONS (Cont'd.) 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
Noncompliance of principal............. 17-34.8 Department of records, provisions re vi1-
Nonprofit enterprise, special permit for 17-34.5 lage clerk and deputy village clerk 2-67 et seq.
Refund of fee 17-34.9 Seer DOCUMENTS AND PUBLIC
Registration required 17-34.1 RECORDS
Renewal 17-34.4 CLUBS
Suspension or revocation of certificate . 17-34.9 Country club 9-1 et seq.
When due and payable 17-34.3 See: COUNTRY CLUB
Garage and other sales 17-61 et seq.
See: GARAGE AND OTHER SALES COASTAL CONSTRUCTION CODE
Home occupations 17-2(a) et seq. Coastal construction requirements
See: HOME OCCUPATIONS Location of construction 6-155(4)
Occupational licenses 17-16 et seq. Major structures, structural require-
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-
water resources 19-221 tural requirements for........... 6-155(2)
Zoning Public access 6-155(5)
Location of business for retail sales of Definitions 6-154
alcoholic beverages 45-20(2), 45- Flood damage prevention................ 12.5-1 et seq.
36.N See: FLOOD DAMAGE PREVENTION
C-3 Regional Business District...... 45-34.1(9) Purpose . 6-152
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
went; 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
Reduction of fine 2-178(c)
Appearance code; certificate of appropriate- Hearing, conduct of 2-176
ness 6-56 et seq. Organization
See: BUILDINGS Attorney 2-174(c)
Boats, docks and waterways; unlawfully Officers; quorum; compensation 2-174(b)
anchored or moored vessels Qualifications and term 2-174(a)
Unclaimed vessel to be sold; certifica- 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. Altering Code 1-7
See: BUSINESS REGULATIONS
Emergency medical services 11.5-21 *Note-The adoption, amendment, repeal, omissions, effec-
Historic site overlay district; certificate of tive date, explanation of numbering system and. other matters
appropriateness 45-37(H) pertaining to the use, construction and interpretation of this
Supp. No. 17 2939
I
NORTH PALM BEACH CODE
Section Section
CODE OF ORDINANCES (Cont'd.) COUNTRY CLUB (Cont'dJ
Amendments _ 1-6 Premises
Catchlines 1-3 Disfiguration andlor removal of building
Court cost or other property 9-1(1)
Assessment of additional court costs for Enforcement 9-2
criminal justice education expendi- Hours . 9-1(2)
tures 1-9 Signs................................ 9-2
Definitions and rules of construction 1-2 Violations and penalties 9-2
Designated and cited 1-1
References to chapters or sections........ 1-3 COUNTY
Repeal of ordinances, effect of............ 1-4 Definitions and rules of construction 1-2
Severability of parts 1-6 COURTS
Village clerk, duties re recording ordi- Court cost
nances 2-67(3) Assessment of additional court costs for
Violations and penalty 1-8 criminal justice education expendi-
COIN-OPERATED AMUSEMENTS tures 1-9
Proximity to schools restricted 19-4
D
COMBAT AUTO THEFT (CAT)
Establishment, regulations 18-19 DECALS
Combat Auto Theft (CAT) 18-19
COMMITTEES, COMMISSIONS. See: DE- DEPARTMENTS AND OTHER AGENCIES
PARTMENTSAND OTHERAGENCIES
OF VILLAGE OF VILLAGE
Administrative code 2-39 et seq.
COMIdI7JNICATIONS See: ADMINISTRATIVE CODE
Telecommunications service tax 26-51 et seq. Appeazance board. See: APPEARANCE
See: TAXATION PLAN (Appendix A)
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
CONCURRENCY MANAGEMENT Country club advisory board 9-16 et seq.
See: COUNTRY CLUB
Provisions enumerated . 21-41 et seq. Finance, department of.................. 2-59
See: PLANNING AND DEVELOPMENT See: FINANCES
COL~ITR_A.CTS AND AGREEMENTS Fire and police retirement board of trust-
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 Library, 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 boazds, 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 ment.............................. 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
Finances See: PUBLIC SERVICES DEPART-
Delinquent accounts; penalties 9-32 MENT
Records, department of 2-67 et seq.
Code are contained in the adopting ordinance and preface See: DOCUMENT AND PUBLIC
which are to be found in the preliminary pages of this volume. RECORDS
Supp. No. 17 2940
CODE INDEX
Section Section
STREETS, SIDEWALKS AND PUBLIC
PLACES (Cont'dJ
Stormwater management, applicable
provisions re 21-62, 21-65
Subdivision regulations 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
Swale areas, sodding required in cer-
tain instances 24-3
Trees in Swale areas 27-16 et seq.
See: TREES AND SHRUBBERY
Utilities
Public utilities, cost of changing or
removal of 24-4
Use of rights-of--way for utilities 28-1 et seq.
See: UTILITIES
SUBDIVISIONS (Generally)
Appearance plan (Appendix A). See that
subject
Code enforcement board, applicability
re 2-173
Flood damage prevention provisions... 12.5-41(4)
Zoning regulations 45-1 et seq.
See: ZONING (Appendix C)
SUBDIVISIONS (Appendix B)
(Note-Section contained herein refer
to sections found within Appendix
B)
Amendments
Public hearing required............ 36-39.1
Supp. No. 16 2952.1
�1
CODE INDEX
Section Section
SUBDIVISIONS (Appendix B) (Cont'd.) SUBDIVISIONS (Appendix B) (Cont'd.)
Definitions Wildlife protection and preservation. See
General terms 36-5 within this subheading. Land Clear-
Specific terms 36-6 ing, Vegetation and Wildlife Protec-
Design standards tion and Preservation
Alleys 36-20 Jurisdiction 26-3
Blocks. See within this subheading: Lots Legal status
and Blocks Conflicting regulations 36-41
Comprehensive plan, conformity with.. 36-17(1) Effective date 36-42
Easements and rights-of--way Saving clause 36-40
Access waterways 36-22(c) plats, platting
Drainage 36-22(b) procedures for subdivision plat approval.
Utilities 36-22(a) See herein that sub ect
Lots and blocks ~
Access 36-18(3) Procedures for subdivision plat approval
Block lengths 36-18(6) Construction plan specifications....... 36-13
Double frontage lots 36-18(5) Construction plans procedure
Lot lines 36-18(4) Prepazation of construction plans 36-12(1)
Lot size 36-18(1) Submission and review of construc-
Residence lots, minimum 36-18(2) tion plans . . 36-12(2)
Public sites and open spaces 36-23 Surety device, posting of 36-12(3)
Rights-of--way. See within this subhead- Final plat procedure
ing: Easements and Rights-Of--Way Application for final plat approval... 36-14(2}
Sidewalks 36-21 Generally 36-14(1)
Soil and flood hazards, consideration of 36-17(2) Planning commission action 36-14(4)
Streets Planning commission review........ 36-14(3)
Adjoining property, street access to.. 36-19(7) Recording of final plat 36-14(6)
Arterial streets, subdivisions. on..... 36-19(2) Village council action 36-14(5)
Culs-de-sac 36-19(6) Final plat specifications............... 36-15
Ralf streets 36-19(8) General prerequisites to 36-7
Intersection design 36-19(4) Pre-application conference 36-9
Minimum street design specifications 36-19(5) Preliminary plat procedure
Minor streets 36-19(1) Application for preliminary plat ap-
Railroads or limited access highway, proval 36-10(1)
subdivisions on 36-19(3) Developments of regional impact.... 36-10(2)
Street names 36-19(9) Effect of approval.................. 36-10(9)
Subdivision entrances 36-25 Failure of planning commission to
Water bodies, access to 36-24 take action 36-10(8)
Enactment and authority 36-2 Fees 36-10(3)
Enforcement provisions Notification of action 36-10(7)
Appeals 36-35 Planning commission action 36-10(6)
Erection of buildings and issuance of Planning commission review........ 36-10(5)
permits 36-38 Review comments.................. 36-10(4)
General enforcement regulations 36-36 Preliminary plat specifications 36-11
Land clearing, vegetation and wildlife Qualification of person making survey . 36-8
protection and- preservation Reversion of subdivided land to acreage 36-16
Application procedure for vegetation Purpose and intent 36-4
removal unrelated to building Required improvements
permit applications 36-38.1(3) Bikeways 36-29.1
Exceptions 36-38.1(5) Bridges.............................. 36-30
Fees 36-38.1(6) General requirements 36-26
Generally 36-38.1(1) Monuments
Vegetation protection during construe- Permanent control. points........... 36-27(b)
tion 36-38.1(4) Permanent reference monuments 36-27(a)
Vegetation removal permit, applies- Planned unit development alternatives. 36-34
tion procedure 36-38.1(2) Screening walls and landscaping 36-33
Required improvements 36-37 Sidewalks............. 36-29
Vegetation. See within this subheading: Storm water management 36-31
Land Clearing, Vegetation and Streets
Wildlife Protection and Preserva- Arterial and collector streets........ 36-28(a)
tion Curb and gutter 36-28(c)
Supp. No. 14 2953
NORTH PALM BEACH CODE
Section Section
SUBDIVISIONS (Appendix B) (Cont'dJ SWITCHBLADE KNIVES
Marginal access streets 36-28(b) Sale prohibited 19-185(a)
Pavement base 36-28(f)
Subgrade 36-28(e) T
Swales 36-28(d)
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
tain azeas 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 SERVICE TAX
SWALE AREAS Generally _ 26-51 et seq:
Sodding required in certain instances 24-3 See: TAXATION
Trees in Swale azeas 27-16 et seq. TELEPHONES
See: TREES AND SHRUBBERY
Alarms; interference with public safety de-
SWEAR ORSWORN. See: OATH, AFFIRMA- partment trunk line prohibited 19-215
TION, SWEAR Oft SWORN TELEVISION l
Cable television rate regulation.......... 17-1
SWIMMING
Bathing regulations; diseased persons pro- TENSE
hibited from bathing in public pool, Definitions and rules of construction 1-2
ete 19-3
Restricted waters, swimming in.......... 5-3 THEFT
Combat Auto Theft (CAT) 18-19
SWIMMING POOLS TIME
Code enforcement board, applicability re.. 2-173 Definitions and rules of construction 1-2
Construction permits
Plans 25-24 TRAFFIC. See: MOTOR VEHICLES AND
Required; application; fees _ 25-23 TRAFFIC
Country club premises regulations 9-1
Cross-connection of filtration equipment TRAILERS
and water supply 25.7 Personal recreational use trailers; parking
Defimitions 25-1 on residential property restricted 18-35
Electrical equipment 25-8 TRASH. See: GARBAGE AND TRASH
Final approval before use 25-2
Grade 15-11 TREASURY DEPARTMENT
Hair and lent strainers 25-5 Treasurer's duties
Public and private pools Accounts of receipts and expenditures . 2-51(6)
Construction 25-36 Bonds, responsibility for proceeds of 2-51(5)
Fencing Books, examination of 2-51(2)
Modifications and exceptions 25-38 Collect moneys and fees due village.... 2-51(10)
Requirements 25-37 Debt, cancellation of evidences of 2-51(7)
Recirculating piping and fittings, require- Default of officer, duty upon........... 2-51(4)
ments for 25-9 Delinquent payments and financial re-
Scum-butters 25-6 ports 2-51(3)
Setback 25-3 Fiscal supervision over officers........ 2-51{1)
Tamping back-fill _ 25-10 Monthly report to finance director 2-51(12)
Vacuum cleaner . 25-4 Pay village employees 2-51(9)
Water circulations 25-4 Permits and licenses.................. 2-51(11)
Supp. No. 14 2954
CODE INDEX
Section Section
TREASURY DEPARTMENT (Cont'd.) VILLAGE COUNCIL (Cont'd.}
Receive and disburse moneys........... 2-51(8) Parliamentary rules 2-27
TREES AND SHRUBBERY Village clerk, duties re 2-67
Code enforcement board, applicability re.. 2-173 VILLAGE MANAGER
Landscaping 27-31 et seq. Administrative code, provisions re 2-39 et seq.
See: LANDSCAPING See: ADMINISTRATIVE CODE
Missiles, throwing 19-83 Bond................ 2-117
Parks and recreation facilities; climbing Budget 2-118
trees, etc 20-4 Budget procedures, duties re............. 2-2
Swale areas, trees in Removal 2-116
Definitions 27-16 Residency 2-115
Planting and removal; written approval
required 27-17 VOYEURISM
Scope 27-19 Window peeping prohibited............,. 19-66
Variety and location 27-18
W
U
WALLS. See: FENCES, WALLS, HEDGES
UTILITIES AND ENCLOSURES
Flood damage prevention provisions...... 12.5-41(3), (5)
Franchises enumerated. See Appendix D WATER SHORTAGE EMERGENCIES
Street construction work; cost of changing Application 19-201
or removal of public utilities 24-4 Definitions 19-200
Subdivision design standards re easements Enforcement
and rights-of--way 36-22(a) Emergency power 19-204
Subdivisions, required improvements re 36-32 Generally 19-203
Telecommunications service tax 26-51 et seq. Implementation
See: TAXATION Exemptions 19-202(b)
Use of rights-of--way for utilities Permanent restrictions 19-202(a)
Code enforcement board, applicability Sanitation, exception to maintain 19-205
re 2-173 Violations and penalties................. 19-206
Rules and regulations adopted 28-1 WATER SUPPLY AND DISTRIBUTION
Written permit (franchise)
Contents 28-3 Stormwater management................ 21-61 et seq.
Required; term 28-2 See: STORMWATER MANAGEMENT
Wellfield protection 19-220, 19-221
UTILITY TAX Zoning; C-3 Regional Business District
Collection 26-30 Surface water management 45-34.1(8)
Exemption 26-31
Levied; rate 26-29 WATERWAYS. See: BOATS, DOCKS AND
WATERWAYS
V WEAPONS. See: FIREARMS AND WEAP-
ONS
VILLAGE
Definitions and rules of construction 1-2 WEEDS AND BRUSH
VILLAGE COUNCIL Lien
Recorded statement of removal costs con-
Compensation 2-16 stitutes lien; collection 14-83
Definitions and rules of construction 1-2 Notice to destro 14-80
Elections; village council to constitute can- y~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
vassing board 10-11 Owner to bear costs of removal 14-82
Meetings Prohibited over certain height 14-79
Ad'ournment of all meetin 2-19 Removal by village 14-81
J gs
Regular meetings WEEK
Presiding officer 2-18 Definitions and rules of construction 1-2
When held 2-17
Rules of procedure. See herein that sub- WEIGHTS AND MEASURES
ject Motor vehicle operation; weight limitations
Rules of procedure on certain roads 18-18
Order of business 2-26 Noise measurement procedure 19-113
Supp. No. 17 2955
i
I
NORTH PALM BEACH CODE
Section Section
WEL~LFIELD PROTECTION
Business activities with potential to con-
taminate land and water resources,
regulation of 19-221
County wellfield protection ordinance
adopted by reference 19-220
WRITTEN, IN WRITING
Definitions and rules of construction 1-2
Y
YARDS AND OPEN SPACES
Landscaping 27-31 et seq.
See: LANDSCAPING
Zoning regulations 45-27 et seq.
See: ZONING (Appendix C)
YEAR
Definitions and rules of construction 1-2
Z
ZONING (Generally)
Appearance plan (Appendix A). See that
subject
Code enforcement board, applicability re.. 2-173
Home occupations 17-2(a) et seq.
See: HOME OCCUPATIONS
Landscaping; conflict with zoning ordi-
nance 27-39
Planning commission; changes to zoning i
ordinances 21-12
Subdivision regulations 36-1 et seq.
See: SUBDIVISIONS (Appendix B)
[The next page is 2965] '
Supp. No. 17 2956