Code of Ordinances Supplement 19 SUPPLEMENT NO. 19
May 2000
CODE OF ORDINANCES
Village of
NORTH PALM BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 06-2000, adopted February 24, 2000.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xi, xii xi, xii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
135, 136 135-136.1
159-165 159-165
213 213, 214
673 673
1175 1175
2885, 2886 2885-2887
2935, 2936 2935, 2936
2945, 2946 2945-2946.1
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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TABLE OF CONTENTS
Page
Officials of the Village iii
Preface v
Adopting Ordinance vii
Readopting Ordinance x.i
Checklist of Up-to-Date Pages [1]
PART I
CHARTER
Charter 1
Art. I. Corporate Name 3
Art. II. Territorial Boundaries 3
Art. III. Legislative 6.1
Art. IV. Administrative 11
Art. V. Qualifications and Elections 13
Art. VI. Transition Schedule 14
Charter Comparative Table 65
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 77
2. Administration 133
Art. I. In General 135
Art. II. Council 136
Div. 1. Generally 136
Div. 2. Rules of Procedure 136.1
Art. III. Administrative Code 137
Div. 1. Generally 137
Div. 2. Department of Treasury 138.1
Div. 3. Department of Finance 139
Div. 4. Department of Records 140
Div. 5. Department of Public Safety 141
Div. 6. Department of Public Services 141
Div. 7. Department of Library 142
Div. 8. Department of Country Club 142
Div. 9. Department of Recreation 142
Art. N Manager 142
Art. V. Pensions and Retirement Systems 142.1
Div. 1. Generally 142.1
Div. 2. Social Security 142.1
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NORTH PALM BEACH CODE
Chapter Page
Div. 3. Pension and Certain Other Benefits for Gen-
eral Employees 142.3
Div. 4. Pension and Certain Other Benefits for Fire
and Police Employees 150
Div. 5. Length of Service Award Plan for Volunteer
Firefighters 158
Art. VI. Code Enforcement Board 159
3. Alcoholic Beverages 211
4. Animals and Fowl 263
Art. I. In General 265
Art. II. Dogs and Cats 266
Art. III. Rabies Control 268
5. Boats, Docks and Waterways 319
Art. I. In General 321
Art. II. Boat Launching Area 325
Art. III. Construction Requirements 326
Div. 1. Generally 326
Div. 2. Canals 326
Div. 3. Bulkheads and Seawalls 327
Div. 4. Docks and Piers 328
Div. 5. Erosion Control Structures 333
Art. N Marine Sanctuaries 333
6. Buildings and Building Regulations 381
Art. I. In General 383
Art. II. Minimum Construction Standards 383
Art. III. Appearance Code 384
Div. 1. Generally 384
Div. 2. Reserved 398.3
Div. 3. Certificate of Appropriateness 398.3
Art. IV Reserved 398,5
~ Art. V. Signs and Outdoor Displays 398.5
Art. VI. Energy Efficiency Building Code 398.16
~ Art. VII. Coastal Construction Code 398.16
7. Bulkhead Lines 453
! Art. I. In General 455
Art. II. Filling Permit 455
8. Civil Emergencies 507
Art. I. In General 509
Art. II. Civil Disorders and Disturbances 509
9. Country Club 559
Art. I. In General 561
Art. II. Advisory Board 562
Art. III. Finances 563
10. Elections 615
Art. I. In General 617
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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 19 144.1, 144.2 12
xiii, xiv 16 144.3 12
xv 16 145, 146 9
1 OC 147, 148 9
3, 4 8 149, 150 12
5, 6 12 150.1, 150.2 12
6.1, 6.2 18 151, 152 11
7, 8 OC 153, 154 11
9, 10 OC 155, 156 17
11, 12 OC 156.1, 156.2 17
13, 14 OC 157, 158 10
65 18 159, 160 19
77 OC 161, 162 19
79, 80 OC 163, 164 19
81, 82 9 165 19
133 10 211 OC
135, 136 19 213, 214 19
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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 17 889 OC
331, 332 17 891, 892 15
333, 334 17 892.1 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 17 1053, 1054 9
398.13, 398.14 17 1054.1, 1054.2 9
398.14.1 17 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
727, 728 5 1293, 1294 17
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1345, 1346 OC 2363, 2364 OC
1347, 1348 OC 2365, 2366 OC
1349, 1350 OC 2367, 2368 1
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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 18
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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ADMINISTRATION § 2-4
ARTICLE I. IN GENERAL of each year, which ordinance shall fix and deter-
mine the amount of money to be raised by taxa-
Sec. 2-1. Committee and boards. tion in the village for the following fiscal year and
shall also make separate and several appropria-
(a) No person may be a member of any board tions for the payment of all necessary operating
created by the village council to advise the village expenses of the village and for the payment of
council on any matter unless such person shall be interest and principal of any indebtedness of the
and remain a resident of the village during the village, and to set forth an estimate of all income
term of office. from all sources whatsoever which shall be re-
(b) Any person who, when appointed to any ceived by the village.
such advisory board is a resident of the village but (c) Before final passage of the budget ordi-
who later terminates such residency, shall, imme- nance, the village clerk shall cause the same as
diately upon termination of residency, be deemed
to be no longer a member of such advisory board introduced to be posted at the village hall and in
and shall have no right or pz~ivilege to vote or at least one (1) other conspicuous place in the
participate in matters of such board. village. At those places the village clerk shall post
a notice stating the time and place the budget will
(c) Any person who, within the term of his be acted on finally and shall also state in such
appointment to the board, is absent from any notice that the estimate of the village manager
three (3) regularly scheduled meetings of the upon which the budget is based is on file for
board without such absence being excused by inspection of the public at the office of the village
affirmative action of the board shall automati- clerk. The budget ordinance shall not be passed
tally be deemed to no longer be a member of such by the council until twelve (12) days after such
advisory board and shall have no right or privi- posting, but not later than September 30.
lege to vote or participate in matters of such (Ch. 31481 (1956), Laws of Fla., Art. VII, § 3; Ch.
board. The chairman of the board shall advise the 65-1969, Laws of Fla., § 5; Ord. No. 21-76, § 1,
village council when any member falls within the 10-14-76; Ord. No. 15-77, 1, 2, 8-25-77)
purview of this subsection. Chanter reference-Provisions of former charter not
(Code 1970, § 2-18) embraced in or uiconsistent with 1976 revision continued in
effect as ordinances, Art. VI, § 1.
Sec. 2-2. Budget procedures.
Sec. 2-3. Adjournment of meetings of boards
(a) The village manager shall prepare and and commissions.
submit to the members of the council, at least
forty-five (45) days prior to the first regular All regular meetings, special meetings and
meeting of the council in September of each year, workshop meetings for village boards and com-
a budget for the operation of the village govern- missions shall be adjourned on or before 11:00
went during the next fiscal year, including an p.m. on the date when the meeting convened.
estimate of the revenues and expenditures in (Ord. No. 21-95, § 1, 7-27-95)
such forms as to afford the council a comprehen-
sive understanding of the needs and require- Sec. 2-4. Allowable investment activity for
ments of the various divisions of the village gov- village funds.
ernment for the ensuing year. Sufficient copies of
this budget shall be prepared so that there shall The Village Council of the Village of North
be at least three (3) copies on file in the office of Palm Beach, Florida, does hereby set forth the
the village clerk. allowable instruments in which the village may
invest its funds:
(b) The council is hereby authorized and em-
powered to prepare and adopt a budget for each (1) The Local Government Surplus Funds
fiscal year by ordinance to be introduced at the Trust Fund, or any Intergovernmental
first regular meeting of the council in September investment pool authorized pursuant to
Supp. No. 19 135
§ 2-4 NORTH PALM BEACH CODE
1
the Florida Interlocal Cooperation Act, as Sec. 2-17. Regular meetings-When held.
provided in Section 163.01 of the Florida
Statutes. The regular meetings of the village council
(2) Securities and Exchange Commission reg- shall be held on the second and fourth Thursdays
istered money market funds with the high- of each month.
est credit quality rating from a nationally (Code 1970, § 2-8)
Charter reference-Meetings procedure, A~-t. III, § 9(a).
recognized rating agency.
(3) Saving accounts in state-certified quali- Sec. 2-18. Same-Presiding officer.
fled public depositories, as defined in Sec-
tion 280.02 of the Florida Statutes. (a) The mayor shall preside at all meetings, if
(4) Certificates of deposit in state-certified present, and in his absence, the vice-mayor. In the
qualified public depositories, as defined in absence of both the mayor and vice-mayor, the
Section 280.02 of the Florida Statutes. president pro tem shall preside.
(5) Direct obligations of the U.S. Treasury. (b) The presiding officer shall preserve order
and decorum. He shall appoint all committees
(6) Federal agencies and instrumentalities. unless the council shall otherwise direct.
The securities listed in paragraphs (3), (4), (5) (c) Terms of mayor. No person may serve more
and (6) above shall be invested to match invest- than one-year term as mayor of the village. A
ment maturities with known cash needs and person who served as mayor of the village for one
anticipated cash-flow requirements.
(Ord. No. 31-95, § 1, 10-26-96) (1) term shall not serve as mayor during the
Editor's note-Ord. No. 31-95, adopted Oct. 26, 1996, has following council year, but beginning one (1) year
been codified herein at the discretion of the editor as § 2-4. after termination of his one-year term as mayor of ~
the village, he may again serve as mayor for a
period not to exceed one (1) year.
Secs. 2-5-2-15. Reserved. (Code 1970, § 2-9; Ord. No. 218-70, § 1; Ord. No.
8-82, § 1, 4-22-82)
ARTICLE II. COUNCIL* Sec. 2-19. Adjournment of all. meetings.
DIVISION 1. GENERALLY All regular meetings, special meetings and
workshop meetings for the village council shall be
adjourned on or before 11:00 p.m. on the date
Sec. 2-16. Compensation. when the meeting convened. In the event there is
pending business on the floor at 11:00 p.m. during
The compensation of all members elected to the one (1) of the meetings, the chair shall at that
village council other than the mayor is hereby time entertain a motion that the meeting be
fixed at the sum of five hundred dollars ($500.00) reconvened at a time and date certain, but upon
per month. The compensation of the mayor is failure of the council to agree upon such motion,
hereby fixed at the sum of six hundred dollars the meeting shall be adjourned and the business
($600.00) per month. pending at the time of adjournment shall be the
(Code 1970, § 2-7; Ord. No. 20-78, § 3, 8-10-78; first item on the agenda of the next meeting of the
Ord. No. 2-88, § 1, 1-14-88; Ord. No. 16-97, § 1, village council pertaining thereto.
3-13-97; Ord. No. 29-99, § 1, 8-26-99) (Ord. No. 24-79, § 1, 11-8-79)
Charter reference-Compensation, Art. III, § 4.
*Charterrefereoce-Legislative provisions generally, Art.
III. Secs. 2-20-2-25. Reserved.
Supp. No. 19 136
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ADMINISTRATION § 2-26
DIVISION 2. RULES OF PROCEDURE*
Sec. 2-26. Order of business.
The following order shall be observed in the
transaction of business, but such order may be
varied by unanimous consent of the councilmen
present:
(1) Roll call;
Charter reference-Authority to determine rules of
procedure, Art. III, § 9(b).
Supp. No. 19 136.1
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ADMINISTRATION § 2-171
(4) Completed the sponsor's required proba- (2) Payment mode, annual.
tionary period. (Ord. No. 16-91, § 8, 4-11-91)
(Ord. No. 16-91, § 5, 4-11-91)
Sec. 2-170.8. Vesting provisions.
Sec. 2-170.5. Entitlement age. The vesting is based on years of credited ser-
vice and the following schedule:
The entitlement age is the age that members
will begin receiving their monthly retirement Years of Service Vested Percentage
benefit. Age sixty-five (65) with one (1) year of
plan participation is generally utilized; however, Less than 4 0
service and participation requirements may be 4 40
included. Entitlement age is sixty (60) with one 5 50
(1) year of plan participation. 6 60
(Ord. No. 16-91, § 6, 4-11-91) 7 70
8 80
Sec. 2-170.6. Benefit formula. 9 90
Ten (10) or more 100
[The benefit formula shall be as follows:] (Ord. No. 16-91, § 9, 4-11-91)
(1) Past se~~uice (before the plan began). Ten Sec. 2-170.9. Village contributions.
dollars ($10.00) per month for year of past So long as this system is in effect, the village
service for currently enrolled members of shall make a yearly contribution to the plan equal
the volunteer firefighters. Eight (8) is the to the cost for the year by the most recent actu-
maximum years of past service for which arial valuation.
a member may receive credit. (Ord. No. 16-91, § 10, 4-11-91)
(2) Future service (after plan begins). Ten Sec. 2-170.10. Trustee and contact person.
dollars ($10.00) per month for each year of
future service. The village finance director will act as trustee
and contact person and will be responsible for
(3) Maximum monthly benefit. The maxi- contacting the agent or agency administrating the
mum monthly benefit a member can re- plan regarding changes and modifications to the
ceive at the entitlement age is three hun- plan.
dred dollars ($300.00). (Ord. No. 16-91, § 11, 4-11-91)
(4) Minimum monthly benefit. The minimum Sec. 2-170.11. Point system.
monthly benefit a member can receive if
the member remains active in the plan A minimum of fifty (50) points is needed to earn
until the designated entitlement age is a year of credited service. The point system that
fifty dollars ($50.00). can be earned by volunteer firefighters is set forth
(Ord. No. 16-91, § 7, 4-11-91) in Exhibit A attached to Ordinance No. 16-91 and
made a part of this division.
Sec. 2-170.7. Preretirement death benefit. (Ord. No. 16-91, § 12, 4-11-91)
Editor's note-Exhibit A, attached to Ord. No. 16-91 from
The preretirement death benefit is the death Which this division derives, is not printed herein, but is on file
and available for reference in the offices of the village.
benefit payable if a member dies before entitle-
ment age while still active in the plan. The
amount payable is the greater of the face amount ARTICLE VI. CODE ENFORCEMENT
of the life insurance or the member's accrued BOARD
benefit: Sec. 2-171. Declaration of legislative intent.
(1) Face amount of the life insurance, thirty It is the intent of this article to promote,
thousand dollars ($30,000.00). protect and improve the health, safety and wel-
Supp. No. 19 159
§ 2-171 NORTH PALM BEACH CODE
fare of the citizens of the village and to provide an Chapter 6, Village of North Palm Beach
equitable, expeditious, effective and inexpensive Code, including the building code, the gas code,
method of enforcing the hereinafter described the mechanical code, the plumbing code, the
codes and ordinances of the village where a pend- appearance code and Appendix A, appearance
ing or repeated violation continues to exist. plan, and the sign code.
(Ord. No. 19-79, § 1, 9-17-79; Ord. No. 9-80, § 2, Chapter 7, Village of North Palm Beach
4-24-80; Ord. No. 16-82, Art. 1, 9-9-82; Ord. No.
2-86, § 1, 3-27-86) Code, containing the bulkhead lines code.
Chapter 11, Village of North Palm Beach
Sec. 2-172. Definitions. Code, containing the electrical code.
The following words, terms and phrases, when Chapter 12, Village of North Palm Beach
~ used in this article, shall have the meanings Code, including the fire prevention code.
ascribed to them in this section, except where the Chapter 14, Village of North Palm Beach
context clearly indicates a different meaning: Code, containing the health and sanitation
Attorney. Attorney for the village who will code.
advise the code enforcement board of legal rules Chapter 15, Village of North Palm Beach
or give other legal assistance as required. Code, containing the housing code.
Code inspector Those authorized agents or Chapter 17, Village of North Palm Beach
employees of the village whose duty it is to insure Code, containing the occupational license code.
code compliance with the codes referred to above, Chapter 19, Village of North Palm Beach
including, but not limited to, the village manager, Code, containing the noise control code.
building official, director of public safety, and
finance director. Chapter 24, Village of North Palm Beach
Code, containing the streets, sidewalks and
Enfo~~cement board. The Village of North Palm driveways code.
Beach Code Enforcement Board.
Chapter 25, Village of North Palm Beach
Repeat violation means a violation of a provi- Code, containing the swimming pool code.
sion of a code or ordinance by a person who has
been previously found through a code enforce- Chapter 27, Village of North Palm Beach
ment board or any other quasi judicial or judicial Code, containing the trees and shrubbery code,
process, to have violated or who has admitted including landscaping of yards and parking
violating the same provision within five (5) years lots.
prior to the violation, notwithstanding the viola- Chapter 28, Village of North Palm Beach
tions occur at different locations. Code, containing the franchise ordinance for
(Ord. No. 19-79, § 3, 9-27-79; Ord. No. 9-80, § 4, the use of the Village rights-of--way for utilities.
4-24-80; Ord. No. 16-82, Art. II, 9-9-82; Ord. No.
8-90, § 1, 4-12-90; Ord. No. 04-2000, § 1, 2-10-00) Chapter 36, Village of North Palm Beach
Code, containing the subdivision code.
Sec. 2-173. Applicability. Chapter 45, Village of North Palm Beach
Code, containing the zoning code.
I The code enforcement board shall enforce and (Ord. No. 19-79, § 2, 9-27-79; Ord. No. 25-79, § 1,
have jurisdiction of the following codes: 12-13-79. Ord. No. 9-80 § 3 4-24-80. Ord. No.
> >
Chapter 4, Village of North Palm Beach 15-86, § 2, 10-9-86)
Code, containing the animals and fowl code.
Chapter 5, Village of North Palm Beach Sec. 2-174. Organization of board.
Code, containing the docks and waterways (a) Qualifications and terms. The village coun-
code. cil shall appoint aseven-member code enforce-
Supp. No. 19 160
ADMINISTRATION § 2-175
ment board and legal counsel for the board. The expenses, mileage expenses, and per diem ex-
members shall have the following qualifications penses as may be authorized by the village coun-
and terms of office: cil.
(1) Members of the enforcement board shall (c) Atto~•ney. The village attorney shall be coun-
be residents of the village. Appointments sel to the code enforcement board.
shall be made by the village council on the (Ord. No. 19-79, § 4, 9-27-79; Ord. No. 9-80, § 5,
basis of experience of interest in the fields 4-24-80; Ord. No. 16-82, Art. III, 9-9-82; Ord. No.
of zoning and building control. The mem- 8-90, § 3, 4-12-90; Ord. No. 17-91, § 1, 4-25-91)
bership of the enforcement board shall,
whenever possible, include: Sec. 2-175. Enforcement procedure.
a. An architect; (a) It shall be the duty of the code inspector to
b. A businessman; initiate enforcement proceedings of the various
c. An engineer; codes. No member of a board shall have the power
to initiate such enforcement proceedings.
d. A general contractor;
e. A subcontractor; (b) If a violation of the codes is found, the code
inspector shall notify the violator, unless para-
£ A realtor; graph (c) of this section applies, and give the
g. No particular profession. violator a reasonable time to correct the violation.
Should the violation continue beyond the time
(2) In order that the terms of office of all specified for correction, the code inspector shall
members will not expire at the same time, notify the enforcement board and request ahear-
the initial appointments to the enforce- ing pursuant to the procedure in section 2-176.
went board shall be as follows: The code enforcement board, through its clerical
a. Two (2) members shall be appointed staff, shall schedule a hearing and written notice
for a term of one (1) year; of such hearing shall be hand delivered or mailed
as provided in section 2-181 to said violator. At
b. Three (3) members shall be ap- the option of the code enforcement board, notice
pointed for a term of two (2) years; may additionally be served by publication or
c. Two (2) members shall be appointed posting as provided in section 2-181. If the viola-
for aterm of three (3) years. tion is corrected and then recurs or if the violation
Thereafter, all appointments shall be made fora is not corrected by the time specified for correc-
tion by the code inspector, the case may be pre-
term of three (3) years. Appointments to fill any sented to the enforcement board even if the vio-
vacancy on the enforcement board shall be for the lation has been corrected prior to the board hearing,
remainder of the unexpired term of office. If any and the notice shall so state.
member fails to attend two (2) of three (3) succes-
sive meetings without cause and without prior (c) If the code inspector has reason to believe a
approval of the chairman, the board shall declare violation or the condition causing the violation
the member's office vacant and the village council presents a serious threat to the public health,
shall promptly fill such vacancy. The members safety, and welfare or if the violation is irrepara-
shall serve at the pleasure of the village council. ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
(b) Officers; quorum; compensation. The mem- for and may immediately notify the enforcement
hers of the enforcement board shall elect achair- board and request a hearing.
man fi om among its members who shall be a
voting member. The presence of four (4) or more (d) If a repeat violation is found, the code
members, shall constitute a quorum of the enforce- inspector shall notify the violator, but is not
ment board. Members shall serve without com- required to give the violator a reasonable time to
pensation, but maybe reimbursed for such travel correct the violation. The code inspector, upon
Supp. No. 19 161
§ 2-175 NORTH PALM BEACH CODE
notifying the violator of a repeat violation, shall ceeding shall not be dismissed, but the
notify the code enforcement board and request a new owner shall be provided a reasonable
hearing pursuant to the procedure in section period of time to correct the violation
2-176. The code enforcement board, through its before the hearing is held.
clerical staff, shall schedule a hearing and shall (Ord. No. 19-79, § 5, 9-27-79; Ord. No. 9-80, § 6,
provide notice pursuant to section 2-181. The case 4-24-80; Ord. No. 8-90, § 4, 4-12-90; Ord. No.
may be presented to the code enforcement board 18-96, § 1, 5-9-96; Ord. No. 04-2000, § 2, 2-10-00)
even if the repeat violation has been corrected
prior to the board hearing, and the notice shall so Sec. 2-176. Conduct of hearing.
state. If the repeat violation has been corrected,
the code enforcement board retains the right to (a) The chairman of the enforcement board
schedule a hearing to determine costs and impose may call hearings of the enforcement board and
the payment of reasonable enforcement fees upon hearings may also be called by written notice
the repeat violator. The repeat violator may choose signed by at least three (3) members of the
to waive his or her rights to this hearing and pay enforcement board. The enforcement board, at
said costs as determined by the code enforcement any hearing, may set a future hearing date. The
board. Written notice, with a scheduled hearing, enforcement board shall attempt to convene no
shall be provided pursuant to section 2-181. less frequently than once every two (2) months,
but yet meet more or less often as the demand
(e) If the owner of property which is subject to necessitates. Minutes shall be kept of all hearings
an enforcement proceeding before the enforce- by the enforcement board and all hearings and
ment board, special master, or court transfers proceedings shall be open to the public. The
ownership of such. property between the time the village clerk shall provide clerical and adminis-
initial pleading was served and the time of the trative personnel as may be reasonably required
hearing,. such owner shall: by the enforcement board for the proper perfor-
mance of its duties.
(1) Disclose, in writing, the existence and the
nature of the proceeding to the prospec- (b) Each case before the enforcement board
tive transferee. shall be presented by the Village's administrative
staff. If the local governing body prevails in pros-
(2) Deliver to the prospective transferee a ecuting a case before the enforcement board, it
copy of the pleadings, notices, and other shall be entitled to recover all costs incurred in
materials relating to the code enforce- prosecuting the case before the board and such
went proceeding received by the transferor. costs may be included in the lien authorized
(3) Disclose, in writing, to the prospective under section 2-178.
transferee that the new owner will be (c) The enforcement board shall proceed to
responsible for compliance with the appl- hear the cases on the agenda. for that day. All
~ cable code and with orders issued in the testimony shall be under oath and shall be re-
~ code enforcement proceeding. corded. The enforcement board shall take testi-
~ mony from the code inspector and alleged violator
~ (4) File a notice with the code enforcement and from any witness called on behalf of either
official of the transfer of the property, the village or the alleged violator. Formal rules of
with the identity and address of the new evidence shall not apply; however, fundamental
owner and copies of the disclosures made due process shall be observed and govern said
I to the new owner, within five (5) days proceedings. Both the village and the alleged
after the date of the transfer. A failure to violator shall have the right to subpoena witness
~ make disclosures described in sub-para- to testify at the hearing.
graphs (e)(1), (2), (3), and (4) of this sec-
tion before the transfer creates a rebutta- (d) At the conclusion of the hearing, the en-
ble presumption of fraud. If the property forcement board shall issue findings of fact, based
is transfer? ed before the hearing, the pro- on evidence of record and conclusions of law and
Supp. No. 19 162
ADMINISTRATION § 2-178
shall issue an order affording the proper relief (2) Subpoena alleged violators and witnesses
consistent with powers granted herein. The find- to its hearings. Subpoenas may be served
ings shall be by motion approved by a majority of by the village's police department.
those present and voting, except that at least four
(4) members of the enforcement board must vote (3) Subpoena records, surveys, plats and other
in order for the action to be official. The order may material.
include a notice that it must be complied with by (4) Take testimony under oath.
a specified date and that a fine may be imposed (5) Issue orders having the force of law com-
and, under the conditions specified in section manding whatever steps are necessary to
2-178, the cost of repairs may be included along bring a violation into compliance. A certi-
with the fine if the order is not complied with by fled copy of such order may be recorded in
said date. the public records of the county, and shall
(Ord. No. 19-79, § 6, 9-27-79; Ord. No. 9-80, § 7, constitute notice to any subsequent pur-
4-24-80; Ord. No. 16-82, Art. N, 9-9-82; Ord. No. chasers, successors in interest or assigns,
19-85, § 1, 10-24-85; Ord. No. 18-96, § 2, 5-9-96; if the violation concerns real property,
Ord. No. 04-2000, § 3, 2-10-00) and the findings therein shall be binding
upon the violator, and, if the violation
Sec. 2-177. Powers of the enforcement board. concerns real property, any subsequent
The enforcement board shall have the power to: purchasers, successors in interest or as-
(1) Adopt rules for the conduct of its hear- signs. If the order is recorded in the public
records pursuant to this subsection and
ings. The chairman of the enforcement the order is complied with by the date
board hearing shall advise the alleged specified in the order, the enforcement
violator of the Code section of which he is board shall issue an order acknowledging
accused, and shall first seek to determine compliance that shall be recorded in the
if the alleged violator pleads guilty or public records. A hearing is not required
innocent to such charge. If the alleged to issue such an order acknowledging com-
violator admits guilt, then the board shall pliance.
hear such testimony and evidence as it (Ord. No. 19-79, § 7, 9-27-79; Ord. No. 9-80, § 8,
deems necessary to remedy the violation 4-24-80; Ord. No. 8-90, § 5, 4-12-90; Ord. No. 4-91,
or punish the offender. If the alleged vio- § 1, 2-28-91)
lator states he is not guilty of violating
the village Code [section] in question, Sec. 2-178. Fines; liens.
then the board shall hear first from the
village, village witnesses and evidence, (a) Generally. The enforcement board, upon
and the alleged violator shall have the notification by the code inspector that a previous
right to cross examine village witnesses. order of the enforcement board has not been
At the close of the presentation of the complied with by the set time or, upon finding
village's case against the alleged violator, that the same violation has been repeated by the
the alleged violator shall be permitted to same violator, may order the violator to pay a fine
present his evidence, testimony of the in an amount specified in this section for each day
other witnesses and his own testimony in the violation continues past the date set for com-
defense. The village shall have the right pliance, or, in the case of a repeat violation, for
to cross examine the alleged violator and each day the repeat violation continues past the
his witnesses. The burden of proving the date of notice to the violator of the repeat viola-
alleged violation of the village Code as tion beginning with the date the repeat violation
described above shall be on the village to is found to have occurred by the code inspector. In
prove by a preponderance of evidence that addition, if the violation is a violation described in
the alleged violator is guilty of violating subsection 2-175(c), the enforcement board shall
the Code section of which he is accused. notify the local governing body, which may make
Supp. No. 19 163
§ 2-178 NORTH PALM BEACH CODE
all reasonable repairs which are required to bring other real or personal property owned by the
the property into compliance and charge the vio- violator. Upon petition to the circuit court, such
lator with the reasonable cost of the repairs along order may be enforced in the same manner as a
with the fine imposed pursuant to this section. court judgment by the sheriffs of this state, in-
Making such repairs does not create a continuing chiding levy against the personal property, but
obligation on the part of the local governing body such order shall. not be deemed to be a court
to make further repairs or to maintain the prop- judgment except for enforcement purposes. A fine
erty and does not create any liability against the imposed pursuant to this part. shall continue to
local governing body for any damages to the accrue until the violator comes into compliance or
property if such repairs were completed in good until judgment is rendered in a suit to foreclose
faith. If a finding of a violation or a repeat on a lien filed pursuant to this section, whichever
violation has been made as provided in this arti- occurs first. A lien arising from a fine imposed
cle, a hearing shall not be necessary for issuance pursuant to this section runs in favor of the local
of the order imposing the fine. If, after due notice governing body, and the local governing body may
and hearing, a code enforcement board finds a execute a satisfaction or release of lien entered
violation to be irreparable or irreversible in na- pursuant to this section. After three (3) months
ture, it may order the violator to pay a fine as from the filing of any such lien which remains
hereinafter specified. A fine imposed pursuant to unpaid, the enforcement board may authorize the
this section shall not exceed two hundred fifty local governing body attorney to foreclose on the
dollars ($250.00) per day for a first violation and lien. In an action to foreclose on a lien, the
shall not exceed five hundred dollars ($500.00) prevailing party is entitled to recover all costs,
per day for a repeat violation and, in addition, including a reasonable attorney's fee. No lien
may include all costs of repairs pursuant to sub- created pursuant to the provision of this section
section (a). However, if a code enforcement board may be foreclosed on real property which is a
finds the violation to be irreparable or irreversible homestead under Article X, Section 4 of the state
in nature, it may impose a fine not to exceed five Constitution.
thousand dollars ($5,000.00) per violation. (Ord. No. 19-79, § 8, 9-27-79; Ord. No. 9-80, § 9,
(b) Determination of amount of fine. In deter- 4-24-80; Ord. No. 16-82, Art. V, 9-9-82; Ord. No.
2-86, § 2, 3-27-86; Ord. No. 8-90, § 6, 4-12-90; Ord.
mining the amount of the fine, if any, the enforce-
ment board shall consider the following factors: No. 18-96, § 3, 5-9-96; Ord. No. 04-2000, § 4,
2-10-00)
(1) The gravity of the violation;
Sec. 2-179. Duration of lien.
(2) Any actions taken by the violator to cor-
rect the violation; and No lien shall continue for a period longer than
twenty (20) years after the certified copy of an
(3) Any previous violations committed by the order imposing a fine has been recorded, unless
violator. within that time an action to foreclose on the lien
(c) Reduction of fine. The code enforcement is commenced in a court of competent jurisdiction.
board may reduce a fine imposed pursuant to this In an action to foreclose on a lien, the prevailing
section. A fine imposed pursuant to this article party is entitled to recover all costs, including a
shall continue to accrue until the violator comes reasonable attorney's fee, that it incurs in the
into compliance or until judgment is rendered in a foreclosure. The local governing body shall be
entitled to collect all costs incurred in recording
suit to foreclose on a lien filed pursuant to this and satisfying a valid lien. The continuation of
section, whichever occurs first.
~ the lien effected by the commencement of the
(d) Copies of orders imposing fines. A certified action shall not be good against creditors or
copy of an order imposing a fine or a fine plus subsequent purchasers for valuable consideration
repair costs, may be recorded in the public records without notice, unless a notice of lis pendens is
j and thereafter shall constitute a lien against the recorded.
land on which the violation exists and upon any (Ord. No. 18-96, § 4, 5-9-96)
I Supp. No. 19 164
ADMINISTRATION § 2-181
Sec. 2-180. Appeal. utive weeks (four publications being
An aggrieved party, including the village coup- sufficient) in a newspaper of general
cil, may appeal a final administrative order of the circulation in the county where the
enforcement board to the circuit court of the code enforcement board is located.
county. Such an appeal shall not be a hearing de The newspaper shall meet such re-
novo, but shall be limited to appellate review of quirements as are prescribed under
the record created before the enforcement board. chapter 50 of the Florida Statutes
An appeal shall be filed within thirty (30) days of for legal and official advertisements.
the execution of the order to be appealed. 2. Proof of publication shall be made as
(Ord. No. 19-79, § 9, 9-27-79; Ord. No. 9-80, § 10, provided in Sections 50.041 and
4-24-80; Ord. No. 16-82, Art. VI, 9-9-82; Ord. No. 50.051, Florida Statutes.
2-86, § 3, 3-27-86; Ord. No. 18-96, § 5, 5-9-96) (b) 1. In lieu of publication as described in
Sec. 2-181. Notices. paragraph (a), such notice may be
posted for at least ten (10) days prior
(1) All notices required by this part shall be to the hearing, or prior to the expi-
provided to the alleged violator by: ration of any deadline contained in
(a) Certified mail, return receipt requested, the notice in at least two (2) loca-
provided if such notice is sent under this bons, one of which shall be the prop-
paragraph to the owner of the property in erty upon which the violation is al-
question at the address listed in the tax leged to exist and the other of which
collector's office for tax notices, and at any shall be at the primary municipal
other address provided to the local gov- government office.
ernment by such owner and is returned as 2. Proof of posting shall be by affidavit
unclaimed or refused, notice may be pro- of the person posting the notice, which
vided by posting as described in subpara- affidavit shall include a copy of the
graphs (2)(b)1. and 2. and by first class notice posted and the date and places
mail directed to the addresses furnished of its posting.
to the local government with a properly
executed proof of mailing or affidavit con- (c) Notice by publication or posting may run
firming the first class mailing; concurrently with, or may follow, an at-
(b) Hand delivery by the sheriff or other law tempt or attempts to provide notice by
hand delivery or by mail as required un-
enforcement officer, code inspector, or other der subsection (1).
person designated by the local governing
body; Evidence that an attempt has been made to hand
(c) Leaving the notice at the violator's usual deliver or mail notice as provided in subsection
place of residence with any person resid- (1), together with proof of publication or posting
ing therein who is above fifteen (15) years as provided in subsection (2) shall be sufficient to
of age and informing such person of the show that the notice requirements of this part
contents of the notice; or have been met, without regard to whether or not
(d) In the case of commercial premises, leav- the alleged violator actually received such notice.
ing the notice with the manager or other (Ord. No. 19-79, § 10, 9-27-79; Ord. No. 9-80, § 10,
person in charge. 4-24-80; Ord. No. 8-90, § 7, 4-12-90; Ord. No.
18-96, § 6, 5-9-96; Ord. No. 04-2000, § 5, 2-10-00)
(2) In addition to providing notice as set forth
in subsection (1), at the option of the code enforce-
ment board, notice may also be served by publi-
cation or posting, as follows:
(a) 1. Such notice shall be published once
during each week for four (4) consec-
[The next page is 211]
Supp. No. 19 165
C
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I
ALCOHOLIC BEVERAGES § 3-4
Sec. 3-1. State law definitions adopted. including those licensed by the state for sale
As used in this chapter, the terms defined in and/or service of alcoholic beverages, which in-
F.S. sections 561.01, 563.01, 564.01 and 565.01, elude but are not limited to any bottle club, hotel,
shall have the same meanings as indicated in motel, restaurant, night club, country club, caba-
ret, and meeting facility located in the Village of
such sections. North Palm Beach, in which alcoholic beverages,
beer or wine are, or are available to be sold,
Sec. 3-2. Sales restricted; hours of sale. dispensed, served, consumed, possessed or offered
It shall be unlawful for any person to sell or for sale for consumption on the premises.
serve for consumption on premises or to consume, Nudity means the showing or exposing to pub-
or to permit the sale or service for consumption on lie view the human male or female genitals, pubic
premises of any intoxicating liquors or beverages area, vulva, buttocks, anus, anal cleft or cleavage,
in any place holding a license from the state, or in or any portion of the foregoing specified anatom-
any public place within the village, and it shall be ical areas, or any simulation thereof; the showing
unlawful for any person to buy, sell or deliver, or or exposing to public view any portion of the
to permit the purchase, sale or delivery of any human female breasts any portion thereof encom-
intoxicating liquors or beverages except beer, ale passed within an area falling below the horizontal
and wine in sealed containers for consumption off line one would have to draw to intersect a point
the premises: above the top of the areola, or any portion of the
(1) Between the hours of 2:00 a.m. and 7:00 areola, or any simulation thereof. This definition
a.m. of any day including Sunday except shall include the entire lower portion of the hu-
January 1 of any year; or man female breast, but shall not include any
(2) Between the hours of 5:00 a.m. and 7:00 portion of the cleavage of the human female
a.m. on January 1, of each and every year. breast exhibited by a dress, blouse, shirt, leotard,
(Code 1970, § 3-34; Ord. No. 226-71, § 1, 2-25-71; bathing suit, or other wearing apparel, provided
the areola is not so exposed.
Ord. No. 8-80, § 1, 4-24-80; Ord. No. 4-96, § 1,
1-25-96) Partial nudity means the showing or exposing
to public view of the human male or female
Sec. 3-3. Consumption on playgrounds and genitals, pubic area, buttocks, or any portion
public parks. thereof, with less than a full opaque covering; the
No person shall drink any spirituous, vinous, showing or exposing to public view of the female
malt or other intoxicating beverages in or upon breast or any portion thereof, with less than a full
any of the following public parks, playgrounds or opaque covering; or the showing or exposing to
school grounds within the village: Anchorage Park, public view, or depiction of, covered male genitals
Osborne Park, North Palm Beach public school in a discernibly turgid state.
playground, Yacht Club recreation area on Lake Prohibited sexual conduct means the engaging
Worth. in any sexual intercourse, masturbation, sodomy,
(Code 1970, § 24-2) bestiality, oral copulation, flagellation, any sexual
act which is prohibited by law, any touching,
Sec. 3-4. Prohibition of nudity, partial nu- caressing or fondling of the breasts, buttocks or
dity, sexual conduct at alcoholic any portion thereof, or anus or genitals, or the
beverage establishments. simulation thereof.
(a) Definitions. (b) Nudity, partial nudity and sexual conduct.
Alcoholic beverage establishment means any (1) It shall be unlawful for any person main-
business or commercial establishment whether taming, owning, managing or operating
open to the public at large or entrance is limited an alcoholic beverage establishment to
by cover charge or membership requirements, knowingly or with reason to know, suffer
Supp. No. 19 213
§ 3-4 NORTH PALM BEACH CODE
or permit nudity or partial nudity or acts turbation, sodomy, bestiality, oral
of sexual conduct to occur on the premises copulation, flagellation, any sexual act
of such alcoholic beverage establishment. which is prohibited by law, any touching,
(2) It shall be unlawful for any person, while caressing or fondling of the breasts, but-
on the premises of an alcoholic beverage tocks or any portion thereof, or anus or
establishment to show or expose to public genitals, or the simulation thereof, within
view any portion of his or her anatomy, such alcoholic beverage establishment.
defined herein as nudity or partial nudity (c) Enforcement and penalties.
or engage in acts of sexual conduct. (1) If the owner, operator, licensee, lessor,
(3) No person shall show or expose to public lessee, manager, employee, or any other
view his or her genitals, pubic area, vulva, person participating in the operation of
buttocks, anus, anal cleft or cleavage, or an alcoholic beverage establishment shall
any portion of the foregoing specified an- be convicted of any of the offenses desig-
atomical areas, or any simulation thereof nated in this article then the village man-
in any alcoholic beverage establishment. ager shall, unless good cause to the con-
(4) No female person shall show or expose to trary be shown, revoke the occupational
public view any portion of her breasts, as license for said establishment after giving
defined in this article, encompassed within a reasonable notice thereof to the holder
an area falling below the horizontal line of said license and affording the holder an
one would have to draw to intersect a opportunity to be heard as to why the
revocation should not be issued.
point immediately above the top of the
areola, or any portion of the areola, or any (2) In addition to the revocation of occupa-
simulation thereof, in any alcoholic bev- tional license, any person violating this
erage establishment. section shall be guilty of a misdemeanor
(5) No person maintaining, owning, or oper- and punishable under section 1-8 of the
Code of Ordinances of the village to a fine
ating an alcoholic beverage establishment not exceeding five hundred dollars
shall suffer or permit any person to ex-
pose to public view his or her buttocks, ($500.00) or imprisonment for a term not
anus, anal cleft or cleavage, or any por- exceeding six (6) months, or by both such
tion of the foregoing specified anatomical fine and imprisonment.
areas, or simulation thereof, within such (3) In addition to the foregoing enforcement
alcoholic beverage establishment. procedures, establishments dealing in al-
coholic beverages not in conformity with
(6) No person maintaining, owning or operat- these requirements, shall be subject to
ing an alcoholic beverage establishment the appropriate civil action in the court of
shall suffer or permit any female person appropriate jurisdiction. The village may
to expose to public view any portion of her sue any person or entity found to be in
breasts, as defined in this article, encom- violation of this section to enjoin either
passed within an area falling below the temporarily or permanently, or both, any
horizontal line one would have to draw to of the activities prohibited by this section.
intersect a point immediately above the (Ord. No. 06-2000,. § 1, 2-24-00)
top of the areola, or any portion of the
areola, or any simulation thereof, within
such alcoholic beverage establishment.
(7) No person shall engage in, and no person
maintaining, owning or operating an al-
~ coholic beverage establishment shall suf-
fer or permit, any sexual intercourse, mas-
[`Phe next page is 263]
Supp. No. 19 214
~i
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i
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ELECTRICITY § 11-12
ARTICLE I. IN GENERAL
Secs. 11-1-11-10. Reserved.
ARTICLE II. ELECTRICAL CODE*
Sec. 11-11. Code adopted.
The National Electric Code, 1999 edition, and
the Palm Beach Countywide Amendments thereto,
are hereby adopted and incorporated herein, as
the minimum standard for the village.
(Ord. No. 10-78, § 2, 5-25-78; Ord. No. 7-79, § 1,
4-26-79; Ord. No. 6-82, § 1, 2-25-82; Ord. No.
13-85, § 1, 8-8-85; Ord. No. 19-86, § 1, 11-13-86;
Ord. No. 6-88, § 1, 1-28-88; Ord. No. 19-91, § 2,
5-23-91; Ord. No. 14-94, § 2, 8-11-94; Ord. No.
9-97, § 1, 2-13-97; Ord. No. 05-2000, § 1, 2-10-00)
Editor's note-It should be noted that the county amend-
ments refeiz•ed to herein are not set out; the amendments may
be found in the office of the village clerk.
Sec. 11-12. Amendments, corrections, addi-
tions.
The following amendments, corrections and
additions to the recommended amendments of the
building code advisory board of the county are
hereby made and adopted, such amendments,
corrections and additions being set forth herein
with reference to and prefaced by the section
number and title of the amendments, as follows:
80-8.10.4. Schedule of perfnit fees. Amend to
read:
See Chapter 6, Article II of the village Code.
80-10. Board of adjustment and appeals: The
board referred to within this section shall be the
village contractors board.
80-12. Violations and penalties. Delete entirely.
(Ord. No. 10-78, § 3, 5-25-78; Ord. No. 7-79, § 2,
4-26-79; Ord. No. 6-82, § 2, 2-25-82; Ord. No.
13-85, § 2, 8-8-85; Ord. No. 19-86, § 2, 11-13-86;
Ord. No. 6-88, § 2, 1-28-88)
*Editor's note-Ordinance No. 10-78, 2, 3, enacted
May 25, 1978, adopted provisions designated as 13-1, 13-2
of the 1970 Code; the editor has redesignated the provisions as
?,it. II, 11-11, 11-12 of this Code.
[The next page is 695]
Supp. No. 19 673
C
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MOTOR VEHICLES AND TRAFFIC § 18-38
(3) The location for such parked equipment (9) The village council finds that, as a matter
shall be in the rear yard or in the side of fact, recreational and camping equip-
yard to the rear of a line established by went is a customary accessory use of the
the front building line adjacent to the side land in R-1 and R-2 zoning districts in the
yard where the equipment is located; pro- village.
vided, however, that on corner lots such (10) .Such parked equipment shall not be used
equipment shall not be parked on the side in the course of any commercial activity.
yard which faces a public street. For this purpose, commercial activity shall
(4) Such equipment shall, at all times, have include any type of business or activity
attached a current vehicle license plate. which is conducted on or off the subject
premises.
(5) When parked on the site, such equipment (Code 1970, § 30-1; Ord. No. 26-72, § 1; Ord. No.
shall not be used for living or sleeping 11-79, § 1, 6-14-79; Ord. No. 27-93, § 1, 12-9-93;
quarters or for housekeeping or storage Ord. No. 38-97, § 1, 8-28-97; Ord. No. 33-99, § 1,
purposes and shall not have attached 10-28-99)
thereto any water, sewer, electric or gas
service connection. Sec. 18-36. Parking in violation of signs.
Exception: Guest equipment as defined in It shall be unlawful, when signs have been
subsection (2). erected giving notice thereof, to stop, stand or
park a vehicle in violation of signs regulating or
(6) Such equipment shall not exceed the max- prohibiting the stopping, standing or parking of
imum length, width, height and weight vehicles.
permitted under applicable provisions of
the motor vehicle laws of the State of Sec. 18-37. Violations; fines-Handicap
Florida; provided, however, the maximum spaces.
length shall not exceed thirty (30) feet
and the maximum height shall not exceed The fine for stopping, standing or parking in
ten (10) feet. handicap parking spaces in violation of F.S. sec-
tions 316.1955, 316.1956 shall be in the amount of
(7) Such equipment shall be secured so that one hundred dollars ($100.00).
it will not be a hazard or menace during (Ord. No. 32-90, § 1, 8-9-90)
high winds or hurricanes. At least four (4) Editor's note-Ordinance No. 32-90, adopted Aug. 9,
hurricane ground anchors shall be avail- lsso, did not specifically amend this Code; hence, inclusion of
able at each site for each piece of equip- § 1 as § 18-37 was at the discretion of the editor.
ment where such equipment is stored
pursuant to this Code. Sec. 18-38. Same-Non-handicap spaces.
The fine for stopping, standing and parking a
(8) All such equipment, when parked in the vehicle in violation of provisions, other than hand-
side yard, shall be visually screened from icap parking provisions, of this article shall be in
the view of properties adjacent to the side the amount of twenty-five dollars ($25.00).
yard and street rights-of--way with an (Ord. No. 40-90„ § 1, 12-13-90; Ord. No. 5-96, § 1,
opaque wall, fence, gate or hedge to a 1-25-96)
height of six (6) feet and to the length and Editor's note-Ordinance No. 40-90, adopted Dec. 13,
width of such equipment. When such equip- 1990, did not specifically amend this Code; hence, inclusion of
ment is parked in the rear yard of a corner § 1 as § 18-38 was at the discretion of the editor.
lot, the equipment shall be visually
screened from the view of the side street
right-of--way. Such walls, gates or fences
shall be constructed in accordance with
section 45-36(D).
[The next page is 1225]
Supp. No. 19 1175
CODE COMPARATIVE TABLE-ORDINANCES
Adoption Section
Ord. No. Date Section this Code
8-96 2- 8-96 1 14-30(2)
12-96 3-28-96 1 2-146
2 2-158
15-96 4-25-96 2 6-17
Rpld 6-18
18-96 5- 9-96 1 2-175
2 2-176
3 2-178
4 Added 2-179
5 Rnbd 2-179
as 2-180
6 Rnbd 2-180
as 2-181
Amnd 2-181
19-96 5-23-96 1 18-34.1
22-96 6-13-96 1 2-26
23-96 6-13-96 1 2-42
28-96 7-25-96 1 2-158(d)
29-96 7-25-96 1 2-163(a)
34-96 8-22-96 1 App. C, § 45-36(N)(1)
35-96 8-22-96 1 App. C, § 45-34.1(9)
37-96 9-26-96 1 17-33
38-96 10-10-96 1 19-202
43-96 12-26-96 1~1 26-51-26-54
45-96 12-12-96 1 18-19
46-96 12-12-96 1 45-31(G)(5)
47-96 12-12-96 1 45-31.1(G)(4)
48-96 12-12-96 1 45-33(E)(2)
1-97 1- 9-97 1 45-34.1
3-97 1- 9-97 1 45-36 L
6-97 1-23-97 1-3 11.5-21-11.5-23
7-97 1-23-97 1 14-30
9-97 2-13-97 1 11-11
10-97 2-27-97 1-11 App. D
11-97 2-27-97 1 12-16
12-97 2-27-97 1 Added 45-21
2 45-2
3, 4 45-36
15-97 2-27-97 1 28-1
16-97 3-13-97 1 2-16
23-97 5- 8-97 1 2-116
2 Added 2-118
30-97 7-10-97 1 Rpld App. C, § 45-34
31-97 7-10-97 1(Exhibit A) Added App. C, § 45-32.1
32-97 7-10-97 1 Added App. C, § 45-34
33-97 7-10-97 1 App. C, § 45-16
35-97 8-14-97 1 21-44
37-97 8-28-97 1 6-113(B)(23)
38-97 8-28-97 1 18-35
41-97 9-25-97 1 26-29
2 26-31
42-97 9-25-97 1 26-51
2 26-53
43-97 10- 9-97 1 9-21
44-97 10- 9-97 1 2-40
2 2-43
Supp. No. 19 2885
NORTH PALM BEACH CODE
I~ ~ --
Adoption Section
Ord.1Vo. Date Section this Code
I
1-98 1- 8-98 1 App. C, § 45-33(intro
9U
2 App. C, § 45-33 A.
3 App. C, § 45-33 C.
4 App. C, § 45-33 D.
5 App. C, § 45-33 E.1.
6 Rpld App. C, § 45-33 F.1.
7 App. C, § 45-33 G.
2-98 1- 8-98 1 App. C, § 45-36 P.
3-98 1- 8-98 1 14-30(2)
4-98 1- 2-98 1 App. C, § 45-2
5-98 2-12-95 1 8-16
2 Rpld 8-17
12-98 4-23-98 1 5-1
2-9 5-17-5-24
13-98 5-14-98 1 5-81
2 5-85(12)
14-98 6-25-98 1 2-26
15-98 7- 9-98 1 2-118
17-98 8-13-98 1 App. C, § 45-20(4)
18-98 8-13-98 1 App. C, § 45-34 A.
20-98 8-27-98 1 19-202(b)
22-98 9-24-98 1 2-164(a)
23-98 9-24-98 1 9-17
24-98 10- 8-98 1 26-29
25-98 10- 8-98 1 4-27(d)
27-98 12-10-98 1 20-66(a)
28-98 12-10-98 1, 2 5-84(4), (10)
3 Rnbd 5-84(4)--(10)
as (5)11)
4 5-86
29-98 12-10-98 1 27-62(b)
4-99 1-28-99 1 9-16
2 9-18
3 9-20
4-6 9-21(a), (b), (d)
7 Rpld 9-21(e), (f)
8 Rpld 9-22
5-99 1-28-99 1 2-43(b)(1)
6-99 1-28-99 1 App. C, 45-36Q
7-99 1-28-99 1 6-17
9-99 2-11-99 1 18-34.1
10-99 2-11-99 1 6-111(H)
2 6-115(B)
11-99 2-11-99 1 5-1
2 5-9
3 5-85(7)
23-99 6-10-99 1 App. C, § 45-32.1(B)
27-99 8-12-99 1 App. C, § 45-31(B)(2),
2 App. C, § 45-31(C)(1)
3 App. C, § 45-
31.1(B)(2),
4 App. C, § 45-
31.1(C)(1)
5 App. C, § 45-32(G)(1)
6 App. C, § 45-33(G)(2)
29-99 8-26-99 1 2-16
Supp. No. 19 2886
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
[The next page is 2933]
Supp. No. 19 2887
j
1
CODE INDEX
Section Section
A ALARNIS (Cont'd.)
ABANDONMENT False alarms
Excessive false alarms declared public
Abandoned, inoperative and junked prop- nuisance 19-212
erty 14-37 et seq. Service charge; collection 19-213
See: GARBAGE AND TRASH Fire division equipment; fire alarm system 12-53
Boats Identification required 19-215
Boat launching area; abandoned boats System standards 19-219
and equipment 5-36, 5-37 Telephone trunk lines
Generally 5-8 Interference with public safety depart-
Dogs, other animals 4-10 went telephone trunk lines prohib-
ACTS BY AGENTS ited 19-215
Definitions and rules of construction 1-2 Violation and penalty 19-214
ADMINISTRATIVE CODE ALCOHOLIC BEVERAGES
Bonds required of certain officers 2-42 Consumption on playgrounds and public
Definition 2-39 parks 3-3
Departmental organization 2-40 Nudity, partial nudity, sexual conduct; pro-
Oaths of office hibited at alcoholic beverage estab-
Chief administrator and officers, form of lishments 3-4
oath 2-41(b) Sales restricted; hours of sale............ 3-2
Members of department of public safety, State law defmitions adopted 3-1
form of oath 2-41(c) Zoning
Persons required to take oath of office . 2-41(a) Location of business for retail sales of
Policy and procedures alcoholic beverages 45-20(2),
Department heads 2-43(b) 45-36.N
Departments 2-43(c) C-3 Regional Business District...... 45-34.1(9)
Officers 2-43(a) AMBULANCES
ADULT ENTERTAINMENT ESTABLISH- Definition 17-50
MENTS Unlawful operation 17-51
Zoning regulations re. See: ZONING (Ap- AMUSEMENTSANDAMUSENIENTPLACES
pendix C) Coin-operated amusements; proximity to
ADVERTISING schools restricted 19-4
Handbills; distribution restricted......... 19-7 AND, OR
Noise control policy re loudspeakers and Definitions and rules of construction 1-2
devices for advertising 19-105
Signs and outdoor displays 6-111 et seq. ANIMALS AND FOWL
See: SIGNS AND BILLBOARDS Abandoning 4-10
Birds
AFFIDAVITS Molesting songbirds 4-9
Home occupations; occupational licenses Village designated bird sanctuary; hunt-
Affidavit of applicant required......... 17-2(e) ing prohibited 4-2
Cats. See herein: Dogs and Cats
AFFIRMATION. See: OATH,AFFIRMATION, Code enforcement board, applicability re.. 2-173
SWEAR OR SWORN Contagious diseases, animals with 4-11
AGREEMENTS. See: CONTRACTS AND Cruelty to airimals 4-7
AGREEMENTS Definitions . 4-1
Dogs and cats
ALARNIS Collar and tag
Alarm business central office required.... 19-215 Required 4-25
Alarm permit required 19-208 Unauthorized removal 4-26
Application for 19-209 Impoundment
Issuance . 19-211 Disposition upon owner's failure to
Terms; fees; nontransferable 19-210 redeem 4-30(d)
Audible alarms 19-216 Notice............................. 4-30(b)
Code enforcement board, enforcement Redemption by owner 4-30(c)
through 19-217 Required 4-30(a)
Definitions 19-207 Inoculation 4-24
Exemptions 19-218 Prohibited in certain areas; exceptions. 4-27
Supp. No. 19 2935
i
NORTH PALM BEACH CODE
Section Section
ANIMALS AND FOWL (Confd.) APPEARANCE PLAN (Appendix A) (Cont'dJ
Rabies control. See herein that subject Public property VII(C)
Registration 4-24 Site VII(A)
Running at large Participation and incentives VI
Cats 4-28(c) Statement of policy II
Dogs on property of others.......... 4-28(b)
Dogs on streets and sidewalks 4-28(a) ARCHAEOLOGICAL SITE PROTECTION
Vicious, biting and attacking dogs 4-29 Appeals 21-107
Waste removal Applicability 21-102
Persons walking dogs responsible for Archaeological review, development sub-
removal of waste 4-31 ject to............................. 21-104
Waste-removal implements, persons Certificate to dig 21-105
walkin do to care 4-32 Cost 21-106
g g y Definitions 21-103
Enforcement
General enforcement 4-5 Hearing................................ 21-108
Hindering enforcement 4-4 Intent.................................. 21-101
Fight, causing animals to 4-8 purpose................................ 21-101
Keeping certain animals prohibited; excep- Violations and penalties 21-108
tion 4-6 ASSEMBLIES
Killing 4-3 Civil dism•ders and disturbances; mayor
Molesting songbirds or domestic pets..... 4-9 designated local authority for preser-
Noise control policy re animal noises 19-107 vation of public peace 8-16
Nuisances, animals creating 4-12 Meetings of boards and commissions; ad-
Poisoning 4-3 journment of 2-3
Rabies control Meetings of specific boards, etc. See spe-
Death or destruction, reporting........ 4-46 cific subjects
Muzzles; when required 4-45 Park and recreation area; meetings and
Rabid animals gatherings 20-22 et seq.
Confinement 4-43 See: PARKS, PLAYGROUNDS AND J
Duty to repm-t; impotuiding......... 4-44 RECREATION
Nuisance, declared 4-42
ATLANTIC OCEAN
ANNEXATION Regulations governing construction of docks,
Planning and development; filing fees and piers in Lake Worth and Atlantic
cost for voluntary annexation of land 21-2 Ocean 5-85
ANTENNAE
Zoning regulations 45-21 B
APPEARANCE PLAN (Appendix A) BATHING
(Note-Section citations contained herein Diseased persons prohibited from bathing
refer to section citations found within in public pools, etc 19-3
Appendix A) BICYCLES
Administraticn V park regulations........................ 20-6
Areas of juizsdiction III Subdivisions, required improvements re
Basis I bikeways.......................... 36-29.1
Criteria for appearance
~ Building and site to adjoining area, re- BILLBOARDS. See: SIGNS AND BILL-
lationship of IV(B) BOARDS
Builduig design IV(D) BIRDS. See: ANIMALS AND FOWL
Buildings to site, relationship of....... IV(A)
Evaluation, factors for N(H) BLOCKS
Landscape and site treatment......... N(C) Subdivision design standards 36-18
Maintenance-planiring and design fac-
e tors N(G) BOARDS, COMMITTEES AND COMMIS-
Nfiscellaneousstructuresandstreethard_ SIONS. See: DEPARTMENTS AND
~ OTHER AGENCIES OF VILLAGE
ware 1V(F)
Signs N(E) BOATS, DOCKS AND WATERWAYS
Definitions VIII Abandoned boats 5-8
Maintenance for good appearance
Buildings and appurtenances.......... VII(B)
Supp. No. 19 2936
CODE INDEX
Section Section
IMPOUNDMENT (Cont'd.) LANDSCAPING (Cont'dJ
Boats, docks and waterways; milawfully Appearance plan (Appendix A). See that
anchored or moored vessels subject
Department of public safety to im- Application of provisions; enforcement.... 27-33
pound 5-18 Certain yard areas, off-street parking and
Owner to be notified upon impound- other vehicular use areas
went 5-19, 5-20 Existing plant material............... 27-67
Dogs and cats 4-30 Installation 27-60
INDECENCY AND OBSCENITY Maintenance 27-61
Adult entertainment establishments Parking area interior landscaping 27-65
Perimeter landscaping relating to abut-
Zoningregulations re. See: ZONING (Ap- ting properties 27-64
pendix C) Plant material
Alcoholic beverage establislunents; nudity, Ground covers 27-62(e)
partial nudity, sexual conduct prohib- Lawn grass 27-62(f)
ited 3-4 ualit
To less costumes 19-64 Q y " " " " " " " " " " " " " • 27-62(a)
P " " " " " " " " " " " ' Shrubs and hedges 27-62(c)
Vulgarlanguage 19-65 Tree species....................... 27-62(b)
Window peeping 19-66 Vines 27-62(d)
INSURANCE EXCISE TAXES Required landscaping adjacent to public
Casualty insurance premiums 26-16 rights-of-way 27-63
Property insurance premiums............ 26-17 Scope, applicability 27-59
Sight distance adjacent to public rights-
INTRACOASTAL WATERWAY of-way and points of access....... 27-66
Marine sanctuary, designation as 5-101 Certificate of completion 27-35
INVESTMENTS Code enforcement board, applicability re.. 2-173
Allowable investment activity for village Completed landscaping required for certif-
funds 2-4 icate of use and occupancy.......... 27-37
Definitions 27-31
J Improved nonresidential properties in ex-
istence on September 23, 1971
JOINT AUTHORITY Applicable requirements 27-40(b)
Definitions and rules of construction 1-2 Exceptions 27-40(c)
Objectives 27-40(a)
JUNK Planning conunission, submission of plans
Abandoned, inoperative and junked prop- to 27-40(d)
erty 14-37 et seq. Objectives.............................. 27-32
See: GARBAGE AND TRASH Off-street parking landscape manual 27-38
Plot use plan approval prerequisite to issu-
g ante of permits for building and pav-
ing 27-37
KNIVES. See: FIREARMS AND WEAPONS Refuse container areas 27-41
Scope; applicability 27-34
L Weeds and brush 14-79 et seq.
See: WEEDS AND BRUSH
LAKE WORTH Zoning ordinance, conflict with........... 27-39
Marine sanctuary, designation as 5-101
Regulations governing construction of docks, LIBRARY
piers in Lake Worth and Atlantic Damaging property unlawful 16-1
Ocean 5-85 Department of library
LAND Librarian 2-93
Buildings; construction on public land pro- Library board
hibited 6-1 APPointment......................... 16-17
Planning and development 21-01 et seq. Compensation, service without 16-20
See: PLANNINGAND DEVELOPMENT Composition 16-17
Subdivision regulations 36-1 et seq. Established 16-16
See: SUBDIVISIONS (Appendix B) Meetings . 16-23
Organization 16-21
LANDSCAPING Powers and duties 16-22
Accessways 27-36 Qualifications........................ 16-19
Supp. No. 19 2945
NORTH PALM BEACH CODE
Section Section ~ /
LIBRARY (Confd.) LICENSES AND PERMITS (ConfdJ
Removal from office 16-24 Transfer of license
Term of office 16-17 New location 17-25
Vacancies 16-18 New owner........................ 17-24
Vai3able factors within applicant's knowl-
LICENSES AND PERIVIITS edge, declaration where fee de-
Alarm permit 19-208 et seq. pends on........................ 17-23
See: ALARMS When due and payable 17-19
Boat launching area permits 5-34 Park and recreation facilities; meeting and
Boats, docks and wateitivays gathering permits 20-31 et seq.
Limitation on anchoring and mooring in See: PARKS, PLAYGROUNDS AND
prohibited area; mooring permit RECREATION
required 5-17 Public services department, division of per-
Bulkhead lines; filling permit............ 7-16 et seq. wits and inspections 2-85(1)
See: BULKHEAD LINES Seawalls. See herein: Bulkheads and Sea-
Bulkheads and seawalls 5-72 walls
Code enforcement board, applicability re.. 2-173 Sidewalk and driveway permits.......... 24-55 et seq.
Driveways. See herein: Sidewalk and Dizve- See: STREETS, SIDEWALKS AND PUB-
. way Permits LIC PLACES
Emergency medical services 11.5-21 Street excavation permits 24-28, 24-29
Flood damage prevention development per- Swimming pool construction permit 25-23, 25-24
mit 12.5-22 Treasm•e's duties re permits and licenses . 2-51(11)
Garage, related sales 17-62 Utilities
Home occupations. See also that subject Use ofrights-of--way for utilities; written
Generall 17-16 et se permit.......................... 28-2, 28-3
y........ q.
Occupational license for home occu- LOTS
pations 17-2(c) et seq. Subdivision design standards 36-18
Noise control; special permits excepted 19-119 Zoning regulations 45-1 et seq.
Occupational licenses See: ZONING (Appendix C)
Application for 17-18
Commercial vehicles, marking of 17-33.1 LOUDSPEAKERS '
Compliance by principal deemed compli_ Noise control policy re loudspeakers and
ante by agent 17-29 devices for advertising 19-105
Delinquency penalty 17-20
Doing business not covered by license.. 17-28 M
Duplicate licenses 17-27
Duration 17-19 MANAGER. See: VILLAGE MANAGER
False statements
Engaging in business without license MANGROVE STANDS
or under license issued on 17-32 Flood damage prevention provisions...... 12.5-45
License obtained by void ab initio 17-28 MAPS. See: SURVEYS, MAPS AND PLATS
Half-year license 17-19
Home occupations. See also that subject MARINE SANCTUARIES
Generally 17-16 et seq. Desig7iated............................. 5-101
Occupational license for home oc-
cupations 17-2(c) et seq. ~Z'> SHALL
Issuance 17-19 Definitions and rules of construction 1-2
Noncompliance of principal............ 17-29 MAYOR
Nonprofit enterprise, special permit for 17-22
Civil disorders and disturbances; maym•
Posted or carried, license to be 17-26 designated local authority for preser-
Refund of fee 17-30
Registration required 17-17 vation of public peace 8-16
Village council; presiding officer at ineet-
Renewal 17-20
Required; basis of one year............ 17-16 mgs.. " " " " " " " " " " " " " " ' 2-18
Specified professions, how tax construed MEASURES. See: WEIGHTS AND MEA-
as to 17-21 SURES
Suspension or revocation 17-30
Tax exemptions 17-31 MECHANICAL CODE
Tax schedule . 17-33 Standard code adopted.................. 6-17
Supp. No. 19 2946
CODE INDEX
Section Section
MEDICAL SERVICES
Emergency medical services 11.5-21 et seq.
See: EMERGENCIES
MEETINGS. See: ASSEMBLIES
MISSILES, STONES, ETC.
Throwing missiles 19-83
Supp. No. 19 2946.1
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l